Section 102.4, Electric Vehicle Charging Station Streamlined Permitting/AB 1236 and AB 790 Compliance, is hereby added to the 2025 California Green Building Standards Code Section to read: Section 102.4: Electric vehicle service equipment streamlined permitting for AB 1236 and AB 970 compliance.
102.4.1 Purpose. The purpose of this amendment is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is also purposed to comply with California Government Code Sections
65850.7 and
65850.71, as modified.
102.4.2 Definitions. The following definitions shall apply to Section 102.4:
Electric Vehicle Charging Station or Charging Station. Any level of electric vehicle supply equipment station that is designed and built-in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
Association. A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
Checklist. The submittal checklist required by the City of Encinitas to be submitted with the permit application for an electric vehicle charging station to demonstrate compliance.
Specific, Adverse Impact. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
Electronic Submittal. Submittal through the City's Customer Self Service Portal.
Feasible Method. A method to satisfactorily mitigate or avoid a specific, adverse impact including, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit.
102.4.3 Permit Application Processing. Section 102.4 applies to the permitting of all electric vehicle charging stations in the City of Encinitas.
A. | Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. |
B. | A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7 and Section 65850.71, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. |
C. | Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. |
102.4.4 Permit Application and Submittal Requirements.
A. | All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city. |
B. | All documents required for the submission of an electric vehicle charging station application are available on the city website, including a checklist of submittal requirements for expedited review. Unless otherwise specified, the checklist shall be the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook." |
C. | Along with the Checklist, the applicant shall submit a site plan, accessibility details, and associated electrical plans as part of their submittal to the City. |
D. | Electronic submittal of the required permit application and documents shall be made available to all electric vehicle charging station permit applicants. The permit application and associated documentation may be submitted to the Building Division by electronic submittal together with required permit processing and inspection fees. Electronic signature of the applicant on all forms, applications, and other documents may be used in lieu of a wet signature. |
E. | Should this chapter conflict with any permit processing requirements specified in any other chapter of the Encinitas Municipal Code, this chapter shall take precedence. |
1102.4.5 Permit Review and Issuance.
A. | The Development Services Department shall implement an administrative, nondiscretionary review process to expedite approval of electric vehicle charging stations. |
B. | A permit application that satisfies the information requirements in the city's Checklist shall be deemed complete and be promptly processed per Government Code Section 6580.71. |
C. | If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. |
D. | Upon confirmation by the Building Official that the permit application and supporting documents meets the Checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7 and Section 65850.71, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until final inspection approval is granted by the City. |
102.4.6 Technical Review.
A. | It is the intent of this code to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official's authority to address higher priority life-safety situations. |
B. | In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an Association, as that term is defined by Civil Code Section 4080. |
102.4.7 Electric Vehicle Charging Station Installation Requirements.
A. | Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability. |
B. | Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. |
C. | Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. |
D. | Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements. |
E. | If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the City shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment. |