CHAPTER 11.56
STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS

SECTION:

11.56.010:    Purpose

11.56.020:    Definitions

11.56.030:    Expedited Permitting Process

11.56.040:    Electric Vehicle Charging Station Installation Requirements

11.56.050:    Permit Application Process

11.56.060:    Technical Review

11.56.070:    Right Of Appeal

11.56.010 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. The provisions of this chapter have been prepared to comply with California Government Code section 65850.7. (Ord. 2023-140, 9-18-2023)

11.56.020 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 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.

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.

C.    "Electronic submittal" means the utilization of one or more of the following:

1.    Electronic mail or email.

2.    The internet.

3.    Any other electronic submittal process as approved by the building official.

D.    "Building official" means the building official for the city of Gonzales and/or the building official’s designee. (Ord. 2023-140, 9-18-2023)

11.56.030 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 to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to 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 shall be published on the city’s website. (Ord. 2023-140, 9-18-2023)

11.56.040 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 other 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. 2023-140, 9-18-2023)

11.56.050 PERMIT APPLICATION PROCESS:

A.    Prior to submitting an application for processing, an applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact on 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.    The building department shall give priority review to an application for an electric vehicle charging station that meets the requirements of the city’s checklist. A permit application that satisfies the information requirements in the city’s adopted checklist, as determined by the building official, shall be processed as follows:

1.    One to twenty five (25) station projects at a single site: An EVCS application will be deemed complete if after five (5) business days the building official has failed to make a determination that the application is complete or has issued a written deficiency notice that either:

a.    Details all changes needed to make the application consistent with the city’s EVCS permitting checklist; or

b.    Identifies specific information necessary for the building official to conduct a limited review of whether the project meets all health and safety requirements. If the city has not yet created its checklist, the deficiency notice will be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law per AB 1236.

2.    Twenty six (26) or more stations at a single site: The process described above is the same for applications including twenty six (26) or more EVCS at a site, except: an EVCS application will be deemed complete after ten (10) business days and will be deemed approved forty (40) business days after deemed complete.

C.    When an applicant uses electronic submittal, the electronic signature of the applicant on all forms, applications, and other documentation may be used in lieu of a wet signature.

D.    Upon confirmation by the building official that the permit application and supporting documents are complete and meet the requirements of the city’s adopted checklist, and that the permit 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 and authorizations. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. The applicant is responsible for obtaining such approval or permission from a local utility provider.

E.    An inspection of the station(s) shall be required and performed by the building department. Once an applicant informs the building department that the electric vehicle charging station has been installed, the required inspection shall be completed as soon as practical. If the charging station fails the inspection, a subsequent inspection shall be required and conducted as soon as practical after any deficiency has been corrected. (Ord. 2023-140, 9-18-2023)

11.56.060 TECHNICAL REVIEW:

A.    It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles permitting 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 a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this chapter, the city may require the applicant to apply for a use permit.

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. (Ord. 2023-140, 9-18-2023)

11.56.070 RIGHT OF APPEAL:

Any person having any record or legal interest in the charging station may appeal from any action or decision of the building official under this chapter by filing an appeal to the planning commission in accordance with the procedures set forth in chapter 12.40 as amended. (Ord. 2023-140, 9-18-2023)