Chapter 15.39
EXPEDITED PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS

Sections:

15.39.010    Purpose.

15.39.020    Applicability.

15.39.030    Definitions.

15.39.040    Expedited permitting process.

15.39.050    Permit application processing.

15.39.060    Technical review.

15.39.070    Electric vehicle charging station installation requirements.

15.39.010 Purpose.

The purpose of this chapter 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 proposed to comply with California Government Code Section 65850.7. (Ord. 2017-04 § 2 (Exh. A (part)), 2017)

15.39.020 Applicability.

A.    This chapter applies to the permitting of all electric vehicle charging station systems in the city.

B.    Electric vehicle charging station systems legally established or permitted prior to the effective date of the ordinance codified in 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 an electric vehicle charging station system. Routine operation and maintenance of electric vehicle of charging stations shall not require a permit.

C.    Any provision of the city of Marina Municipal Code or appendices thereto, inconsistent with the provisions of this chapter, to the extent such inconsistencies and not further, are hereby repealed or modified to that extent necessary to effect the provisions of this chapter. (Ord. 2017-04 § 2 (Exh. A (part)), 2017)

15.39.030 Definitions.

A.    “Electronic submittal” means the utilization of one or more of the following:

1.    Electronic mail or email.

2.    The internet.

3.    Facsimile.

B.    “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

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. (Ord. 2017-04 § 2 (Exh. A (part)), 2017)

15.39.040 Expedited permitting process.

Consistent with Government Code Section 65850.7, the building official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist will substantially comply with the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The city’s adopted checklist and all documents required for the submission of an expedited electric vehicle charging station system application shall be published on the city’s website. (Ord. 2017-04 § 2 (Exh. A (part)), 2017)

15.39.050 Permit application processing.

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 meet 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, 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 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.

D.    The city council by resolution may establish a fee for the processing of electric vehicle charging station system applications and appeals. (Ord. 2017-04 § 2 (Exh. A (part)), 2017)

15.39.060 Technical review.

A.    The building division will administratively approve an application to install electric vehicle charging stations through issuance of a building permit or similar nondiscretionary permit.

B.    It is the intent of this chapter 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. If the building official makes written findings 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. The building official shall be the appropriate authority and shall have the power to issue a use permit for an electric vehicle charging station. The building official may not deny an application for a use permit for an electric vehicle charging station unless he or she makes written findings based upon substantial evidence 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. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.

C.    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 in Civil Code Section 4080.

D.    Decisions regarding an electric vehicle charging station system permit application may be appealed to the planning commission pursuant to Chapter 17.56, or any successor chapter. (Ord. 2017-04 § 2 (Exh. A (part)), 2017)

15.39.070 Electric vehicle charging station installation requirements.

A.    Electric vehicle charging station equipment shall meet the applicable requirements of the California Fire Code and the California Electrical Code, as adopted by the city, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as the Underwriters Laboratories, and rules of the Public Utilities Commission or a municipal electric utility company regarding safety and reliability. Electric vehicle charging station systems shall be certified by an accredited listing agency as defined by the California Electrical Code.

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. (Ord. 2017-04 § 2 (Exh. A (part)), 2017)