Berkeley Municipal Code Ch. 19.15 Expedited Electric Vehicle Charging Station Permitting

The purpose of this Chapter is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with AB 1236 (Government Code Section 65850.7), to achieve timely and cost-effective installations of electric vehicle charging stations. The Chapter encourages the installation of electric vehicle charging stations while promoting public health and safety. (Ord. 7571-NS § 1 (part), 2017)

For purposes of this Chapter, the terms "electric vehicle charging station" or "charging station", "specific, adverse impact", and "electronic submittal" shall have the same meanings as set forth in Government Code Section 65850.7. (Ord. 7571-NS § 1 (part), 2017)

A. The City’s Building and Safety Division shall develop a checklist of all requirements that electric vehicle charging stations must comply with to be eligible for expedited review. The checklist and all other documents required for the submission of the electric vehicle charging station application shall be made available on the City’s website.

B. The expedited, streamlined permitting process and checklist may refer to 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.

C. Electronic submittal of the required permit application and documents shall be made available to all applicants eligible for expedited review of electric vehicle charging stations.

D. In the case of electronic submittal, an applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. For purposes of this Section, the City will accept as an electronic signature an electronic copy of an applicant’s written signature, such as a facsimile image or an electronic image (such as a PDF). (Ord. 7571-NS § 1 (part), 2017)

A. Prior to submitting an application for processing, the applicant shall verify that the electric vehicle charging station meets applicable health and safety standards and requirements imposed by the state and the city. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Building, Electrical and Green Building Standards Codes, 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.

B. A permit application that satisfies the requirements in the City’s 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’s checklist, and are 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 prepare the permit for issuance.

C. If the building official determines that the permit application is incomplete, the building official shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be submitted to facilitate expedited permit issuance.

D. Review of an application shall be limited to the building official’s review of whether the application meets the checklist and any applicable California Building Standards Code requirements. However, 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 and safety, the applicant may be required to apply for a use permit.

E. In the case that a use permit to install an electric vehicle charging station is required, its application may not be denied unless written findings are made 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.

F. The building official shall not condition approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined in Section 4080 of the Civil Code. (Ord. 7571-NS § 1 (part), 2017)

If any section, subsection, phrase, or clause of this Chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. (Ord. 7571-NS § 1 (part), 2017)