Chapter 17.75
ELECTRICAL VEHICLE CHARGING STATION PERMITTING
Sections:
17.75.040 Electric vehicle charging station requirements.
17.75.050 Application standards.
17.75.060 Expedited permitting process and permit review.
17.75.010 Purpose.
The purpose of this chapter is to adopt an expedited, streamlined permitting process that complies with AB 1236 and AB 970 codified in Government Code Sections 65850.7 and 65850.71 to achieve timely cost-effective installation of electric vehicle charging stations. This chapter encourages the installation and use of electric vehicle charging stations by removing obstacles to and minimizing the cost of permitting for charging stations, and by expanding the ability of residential, commercial and industrial property owners to install electric vehicle charging stations. This chapter allows the city to achieve these goals while protecting the public health and safety. (Ord. 2022-12, 2022)
17.75.020 Applicability.
A. This chapter applies to the permitting of all electric vehicle charging stations in the city of Dinuba, including level 2 and direct current fast chargers. Electric vehicle charging stations legally established or permitted prior to the implementation of this expedited permitting process are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type or components of an electric vehicle charging station in such a way as to require new permitting. Routine operations and maintenance or like-kind replacements of the components of an electric vehicle charging station shall not be considered a material change.
B. This expedited permitting process is intended to apply only to applications for permits for electric vehicle charging stations, and will not expedite the review of any other city of Dinuba permit applications.
C. Any sections of this chapter which are inconsistent with Assembly Bills 1236 (Chiu, 2015) and 970 (McCarty, 2021) and codified as Government Code Sections 65850.7 and 65850.71 shall be null and void and are expressly superseded and preempted by applicable state law. (Ord. 2022-12, 2022)
17.75.030 Definitions.
A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with the California Electrical Code, as it reads on the effective date of the ordinance codified in this chapter, or as it may be amended and/or renumbered thereafter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
B. “Electronic submittal” means the utilization of one or more of the following: email; the internet; or facsimile.
C. “Specific, adverse impact” means 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.
D. “A feasible method to satisfactorily mitigate or avoid the specific adverse impact” includes, 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.
E. “Building official” means the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.
F. An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (Ord. 2022-12, 2022)
17.75.040 Electric vehicle charging station requirements.
A. All electric vehicle charging stations shall meet applicable health and safety standards and requirements including but not limited to any requirements imposed by the state and the city, local fire department and utility director, the California Building Code, and federal laws including the Americans with Disabilities Act.
B. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. 2022-12, 2022)
17.75.050 Application standards.
A. No later than January 1, 2023, the building official of the city of Dinuba or his/her designee shall implement an expedited permitting process, after consulting with the local fire department or district, that will allow the building official to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit.
B. The building official shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. The checklist and all required permitting documentation shall be published and continuously available on the city of Dinuba’s website.
C. In developing the expedited permitting process and checklist, the building official may refer to the recommendations contained in the most recent version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” and/or the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the state of California’s Office of Planning and Research. The building official may modify the checklist and standards found in the guidebook due to unique climatic, geological, seismological, or topographical conditions.
D. Electronic Submittal. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this chapter 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. (Ord. 2022-12, 2022)
17.75.060 Expedited permitting process and permit review.
A. An application and supporting documents that satisfy the information requirements in the checklist, as determined by the building official, shall be deemed complete. No discretionary use permit shall be required by the building official or city of Dinuba if the EVCS permit applicant satisfies the checklist requirements and permit approval shall be limited to health and safety review.
B. EVCS permit applications shall also be deemed complete consistent with AB 970 (McCarty, 2021) and Government Code Sections 65850.71(b) and (c) when the city has not deemed the application complete or issued a written correction notice after the applicable time periods prescribed in Government Code Section 65850.71(b).
C. Incomplete Permit Applications. Upon receipt of an incomplete application, the building official shall issue one written correction notice detailing all deficiencies in the application and any additional information that is required to be eligible for expedited permit issuance.
D. Upon confirmation by the building official that the application is complete and meets the requirements of the checklist, and is consistent with this chapter, the building official shall administratively approve the application and issue all required permits or authorizations through a building or similar nondiscretionary permit. The building official may establish a process to prioritize completing expedited permit applications.
1. If the city or building official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, the city may require the applicant to apply for a use permit in accordance with Chapter 17.80, Discretionary Permits and Procedures.
2. The city may withhold issuance of the use permit or administrative approval if there is a violation on record for any structure associated with the application under review.
3. The city shall not condition approval for any electric vehicle charging station permit on the approval of that EVCS by an association, as that term is defined in Civil Code Section 4080.
E. The city shall not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The findings shall be the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
F. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific adverse impact upon the public health or safety at the lowest cost possible.
G. The building official’s decision pursuant to subsection (C) or (D) of this section may be appealed to the city of Dinuba’s planning commission and then to the city of Dinuba city council in accordance with Sections 17.04.140 and 17.04.150. (Ord. 2022-12, 2022)