Chapter 157 — PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AND…

This chapter is adopted to provide an expedited, streamlined permitting process for electric vehicle charging and hydrogen-fueling stations that will encourage the timely and cost-effective installations of electric vehicle charging and hydrogen-fueling stations. This chapter is intended to achieve these goals while promoting public health and safety in a manner consistent with Cal. Gov’t Code § 65850.7.

(Ord. 1505, passed 8-2-23)

For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING OFFICIAL or OFFICIAL. The city’s building official or designee.

CHARGING STATION. Electric vehicle charging station(s) or hydrogen-fueling station(s).

ELECTRIC VEHICLE CHARGING STATION(S). An electric vehicle supply equipment station, of any level, that delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle and is designed and built in compliance with 24 California Code of Regulations §§ 625.1 et seq. , as it reads on the effective date of this chapter, or as it may be subsequently amended.

ELECTRONIC SUBMITTAL. The utilization of one or more of the following:

• (1) Email.

• (2) The internet.

• (3) Facsimile.

HYDROGEN-FUELING STATION(S). The equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public.

NONCONFORMING CHARGING STATION(S). Any charging station that was lawfully established and in compliance with all applicable laws at the time it was installed, but which, due to enactment of this chapter, no longer complies with all the applicable regulations and standards of the zone in which the property is located.

SPECIFIC, ADVERSE IMPACT. A significant, quantifiable, direct, and unavoidable impact, based on objetive, identified, and written public health or safety standards, policies, or conditions as they existed on the date the city found the electric vehicle charging station or hydrogen-fueling station application complete. (Ord. 1505, passed 8-2-23)

(A) This chapter applies to permitting of all charging stations in the city, except for charging stations located on publicly owned property.

(B) Unless modified after the effective date of this chapter, nonconforming charging station(s) are exempt from this chapter. Routine operation and maintenance, or like-kind replacements, do not require a permit. (Ord. 1505, passed 8-2-23)

(A) All electric vehicle charging stations and hydrogen-fueling stations must meet all applicable health and safety standards and requirements, as set forth in federal, state, county, and municipal codes and regulations.

(B) Specific requirements for electric vehicle charging stations.

(1) Electric vehicle charging stations must meet all applicable safety and performance standards established by applicable law including, without limitation, 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.

(2) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of this chapter and all applicable provisions of the Cal. Electrical Code.

(3) 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 Cal. Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

(4) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the Cal. 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.

(C) Specific requirements for hydgrogen fueling stations.

(1) A hydrogen-fueling station shall meet all of the following, as applicable:

(a) Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.

(b) Any rules established by the state Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.

(c) Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook.

(2) Location. For the purposes of qualifying for the streamlined permitting process provided in this chapter, a hydrogen fueling station must be on a parcel that satisfies either of the following:

(a) The parcel is zoned for industrial or commercial development and does not contain any residential units; or

(b) The parcel was previously developed with a service station. For the purposes of this division, SERVICE STATION means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.

(D) All parking spaces associated with electric vehicle charging station(s) and hydgrogen fueling station(s) must meet all applicable standards, including without limitation, any and all parking space standards adopted by the city and the Cal. Building Code.

(Ord. 1505, passed 8-2-23)

(A) All documents required for the submission of a charging station application will be made available on the city’s website and at city hall.

(B) Applicants may submit the required permit application and documents by submitting them either via electronic submittal or by delivering them to the Building and Safety Division of the Community Development Department. An applicant’s electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature.

(C) The Building Official, or designee, will adopt a checklist of all requirements with which the charging stations must comply to be eligible for expedited review. The electric vehicle permit process, standard(s) and checklist(s) may refer to the recommendations contained in the most current version of the Zero-Emission Vehicles in California

Community Readiness Guidebook, published by the Office of Planning and Research, including the checklist and standards contained in the Plug-in Electric Vehicle Infrastructure Permitting Checklist. The city’s adopted checklist shall be published on the city’s website.

(D) If an application is submitted to the city and the Building Official deems the application 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 must be sent to the applicant for resubmission. The correction notice must be sent as follows:

(1) Five business days after submission of the application to the city, county, or city and county, if the application is for at least one, but not more than 25 electric vehicle charging stations at a single site.

(2) Ten business days after submission of the application to the city, county, or city and county, if the application is for more than 25 electric vehicle charging stations at a single site.

(E) A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and be promptly processed pursuant to this chapter. A completed application does not authorize an applicant to energize or utilize a charging station until approval and all necessary permits are granted by the city. (Ord. 1505, passed 8-2-23)

(A) Review of an electric vehicle charging station or hydrogen-fueling station permit application is limited to whether the application meets local, state, and federal health and safety requirements. If the application meets the requirements of the approved checklist and standards, and the proposed charging station does not pose any specific, adverse impact upon public health or safety, the Building Official must approve the application.

(B) If the Building Official determines, based on the application, that the proposed charging station could have a specific, adverse impact upon the public health and safety, the Building Official may require an electric vehicle charging station use permit, or a hydrogen-fueling station use permit. The permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(C) The Building Official must notify an applicant whether the application has been approved, or, alternatively, whether the applicant must obtain an electric vehicle charging station use permit or a hydrogen-fueling station use permit, within 30 days after the submission of a complete application. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.

(D) An application for an electric vehicle charging station use permit or a hydrogen-fueling station use permit can only be denied if the Building Official finds that: (1) the proposed installation would have a specific, adverse impact upon public health or safety; and (2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact. These findings must be presented in writing, must include the basis for the rejection of the potential feasible alternative for preventing the adverse impact, and must be based upon substantial evidence in the record.

(E) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact may include, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on a prior successful application for an electric vehicle charging station use permit or a hydrogen-fueling station use permit, where the proposed charging station is similarly situated to the charging station in that prior successful application.

(F) Any decision by the Building Official or his/her designee made pursuant to this chapter may be appealed to the Planning Commission in accordance with the procedure set forth in § 153.200.080. (Ord. 1505, passed 8-2-23)

§ 157.07 FEES.

The City Council may establish by resolution the fees for permits issued under this chapter. (Ord. 1505, passed 8-2-23)

REFERENCES TO CALIFORNIA CODES

Administration Code

Statutory Code Section Code Section

Business and Professions Code

Civil Code

Civil Procedure Code

Code of Regulations

Education Code

Food and Agricultural Code

Government Code

Health and Safety Code

Labor Code

Penal Code

Public Records Code

Public Contract Code

Public Resources Code

Public Utilities Code

Revenue and Taxation Code

Statutory Code Section Code Section

Streets and Highways Code

Vehicle Code

Water Code