Chapter 8.56
EXPEDITED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
Sections:
8.56.030 Expedited permit process.
8.56.040 Permit application processing.
8.56.010 Purpose.
The purpose of this chapter is to promote and encourage the use of electrical vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts due to the installation and use of such charging stations. This chapter implements California Government Code Section 65850.7. [Ord. 1282 § 1, 2020.]
8.56.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built and installed in compliance with Article 625 and other general requirements of the California Electrical Code in effect at the time of installation, 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: electronic mail or email, the internet, or facsimile.
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 on an application for a permit. [Ord. 1282 § 1, 2020.]
8.56.030 Expedited permit process.
The Chief Building Official shall adopt an application and checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. The City’s application and adopted checklist shall be published on the City’s website. [Ord. 1282 § 1, 2020.]
8.56.040 Permit application processing.
The City’s Building Division shall make every attempt to review and approve for permit issuance, all applications for “electric vehicle charging stations” in an expedited fashion, when completed applications are received which meet all the requirements of the City’s adopted checklist, subject to the following:
A. The City shall administratively approve an application to install electric vehicle charging station through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the Chief Building Official’s review of whether it meets all health and safety requirements of local, State, Federal law, and the local utility authority. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. Upon confirmation by the City of the application and supporting documents being complete and meeting the requirements of the checklist, and being consistent with this chapter, the City shall approve the application and issue all required permits or authorizations. Upon receipt of an incomplete application, the City shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. However, if the Chief 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.
B. The City may 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 include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
C. 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.
D. The decision of the Chief Building Official pursuant to subsections A and B of this section may be appealed to the Planning Commission. [Ord. 1282 § 1, 2020.]