Chapter 15.46
ELECTRIC VEHICLE CHARGING STATIONS

Sections:

15.46.010    Purpose.

15.46.020    Definitions.

15.46.030    Applicability.

15.46.040    Electric vehicle charging stations requirements.

15.46.050    Submittal requirements.

15.46.060    Plan review, permit, and inspection requirements.

15.46.010 Purpose.

The purpose of this chapter is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with AB 1236 (Chapter 598, Statutes 2015, California Government Code Section 65850.7) to achieve timely and cost-effective installations of electric vehicle charging stations. This chapter encourages the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the city of Foster City, and expanding the ability of property owners to install electric vehicle charging stations. This chapter allows the city of Foster City to achieve these goals while protecting the public health and safety. (Ord. 610 § 1 (part), 2017)

15.46.020 Definitions.

A. “Electric vehicle charging station(s)” or “charging station(s)” means any level of electric vehicle supply equipment station that is designed and built in compliance with California Code of Regulations Title 24, Part 3, California Electrical Code Article 625, as it reads on the effective date of this chapter or as it may be amended, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

B. “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. (Ord. 610 § 1 (part), 2017)

15.46.030 Applicability.

This chapter applies to the permitting of all electric vehicle charging stations in the city of Foster City. Electric vehicle charging stations legally established or permitted prior to the effective date of this chapter 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 a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. (Ord. 610 § 1 (part), 2017)

15.46.040 Electric vehicle charging stations requirements.

All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city.

Electric vehicle charging stations shall also 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. 610 § 1 (part), 2017)

15.46.050 Submittal requirements.

All documents required for the submission of an electric vehicle charging station application shall be made available on the city’s website.

Permit application and documents may be submitted electronically. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

The city’s building and safety division shall adopt a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review. The electric vehicle permit process, standard(s) and checklist(s) may substantially conform to recommendations for permitting, including the checklist and standards contained in the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research.

All fees prescribed for the permitting of electric vehicle charging stations must comply with Government Code Sections 65850.55, 66015 and 66016, and State Health and Safety Code Section 17951 as set forth in the fee schedule adopted by resolution by the governing body of the city of Foster City.

The determination of value or valuation under any of the provisions of this chapter shall be made by the building official. The value to be used in computing the electric vehicle charging station permit and plan review shall be the total value of all construction work for which the permit is issued as well as any other equipment. (Ord. 610 § 1 (part), 2017)

15.46.060 Plan review, permit, and inspection requirements.

The building official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Where the application meets the requirements of the approved checklist and standards and there are no specific, adverse impacts upon public health or safety, the building and safety division shall complete the building permit approval process, which is nondiscretionary. Review of the application for electric vehicle charging stations shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.

The building official may require an applicant to apply for an “electric vehicle charging station use permit” if the building official finds, based on the initial application submittal, that the electric vehicle charging stations could have a specific, adverse impact upon the public health and safety. The building official’s decision may be appealed to the Foster City planning commission.

If an electric vehicle charging station use permit is required, the building official may only deny an application for the electric vehicle charging station use permit if the official makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. The building official’s decision may be appealed to the Foster City planning commission.

If the building official issues an electric vehicle charging station use permit, the permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

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.

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. A separate fire inspection may be performed by the city of Foster City fire department, if required. (Ord. 610 § 1 (part), 2017)