Brisbane Municipal Code Ch. 15.86 Electric Vehicle Charging Station Permit Streamlining

This chapter shall be known as the City of Brisbane Electric Vehicle Charging Station Permit Streamlining Ordinance.

(Ord. No. 659, § 3, 4-15-21)

This chapter is adopted for the following purposes:

A. To comply with California Government Code Section 65850.7 or successor legislation.

B. To provide an expedited, streamlined permitting process for electric vehicle charging stations.

C. To continue to address life-safety issues for electric vehicle charging stations through the building permit process.

D. To further the purposes of Chapter 15.84 of this Code (Electric Vehicle Infrastructure) concerning the requirements for electrical vehicle charging infrastructure as part of new development projects.

(Ord. No. 659, § 3, 4-15-21; Ord. No. 675, § 10, 11-17-22)

A. This chapter shall apply to any level of an electric vehicle supply equipment station that is designed and built to deliver electricity from a source outside an electric vehicle to a plug-in electric vehicle as defined in Section 15.86.040.B.

B. This chapter shall not apply to electric vehicle charging stations that were legally established prior to the effective date of the ordinance from which this chapter is derived, unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station such that a building permit would be required. Routine operation and maintenance or like-kind replacements with no structural alterations shall not require a permit.

(Ord. No. 659, § 3, 4-15-21)

For the purposes of this chapter, the following words and phrases shall have the meanings:

A. "Building official" is the community development director and the duties specified herein may be assigned to the director's designee.

B. "Electronic submittal" means using the city's online portal or the internet.

C. "Electric vehicle charging station" or "charging station" means any level of an electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electric Code, as it reads on January 1, 2019 or subsequently adopted amendments, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

D. "Specific adverse impact" means a significant, quantifiable, direct, or 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.

E. "Unusual circumstances" means the city's resources have been limited due to such things as response to a declaration of local emergency, natural disaster, pandemic or similar unforeseen events.

(Ord. No. 659, § 3, 4-15-21; Ord. No. 675, § 11, 11-17-22)

An electric vehicle charging station shall require a building permit subject to the requirements and procedures set forth in Sections 15.86.050.A—D. These sections apply to the permitting of all electric vehicle charging stations in the city.

A. Requirements (as set forth in Government Code, Section 65850.7 or successor legislation).

1. Electric vehicle charging stations shall meet all applicable health and safety requirements imposed by the state and the city.

2. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electric Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and the accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

B. Application Streamlining.

1. The city's permitting procedures shall comply with Government Code Section 65850.7 or successor legislation. The city shall:

a. Provide an administratively adopted building permit checklist of requirements and application form that will available through the city's website.

b. Accept an applicant's electronic signature on all forms, applications, and other documents.

c. Administratively approve building permit applications that comply with all requirements.

d. Limit its review and requirements to those standards and regulations necessary to ensure there is no specific adverse impact on public health or safety by the proposed installation.

e. Complete its review of each building permit application and, except in the event of unusual circumstances, provide the applicant with written notice of the status of the application within the applicable time period prescribed in Section 65850.7 or successor legislation. This shall include one or more of the following: notice of an incomplete application with deficiencies indicated, notice of approval based on the finding provided in section 15.86.050.C.1, or notice of denial based on the finding provided in section 15.86.050.C.2.

2. Application Requirements.

a. As required by the building official, the applicant shall complete and submit the charging station building permit checklist, application form, plans and supplemental documentation and shall submit payment of adopted application fees to the city.

b. Through the application for a building permit, the applicant shall provide documentation demonstrating that the installation of an electric vehicle charging station will not have a specific adverse impact to public health and safety or any building occupants, such verification shall include but not be 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.

c. 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 manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

C. Findings.

1. Approval. The building official shall approve a complete permit application that meets the required standards and approved checklist demonstrating that the electric vehicle charging station will not have a specific adverse impact on public health or safety.

2. Denial. The building official shall not approve a complete permit application where it is found that the proposed electric vehicle charging station would have a specific adverse impact upon the public health or safety and there is no known condition of approval that may be applied to mitigate the specific adverse impact given the circumstances of the application. The building official shall provide to the applicant in writing such finding when made.

D. Conditions of Approval.

1. If necessary to meet the finding provided in Section 15.86.050.C.1, the building official may impose condition(s) of approval, but such condition(s) shall be limited to those designed to mitigate the specific adverse impact upon the public health and safety at the lowest feasible cost.

2. The city shall not condition its approval on the approval of an association as that term is defined on Section 4080 of the State Civil Code.

(Ord. No. 659, § 3, 4-15-21; Ord. No. 675, § 12, 11-17-22)

A. An applicant may appeal the decision of the building official to the planning commission in accordance with the procedures set forth in Title 17, except that the appeal must be filed within seven (7) calendar days of the date on which the decision was rendered.

B. The city manager shall consider the appeal within thirty (30) days and may affirm, reverse or modify the director's decision concerning the department decision. The decision of the city manager shall be final.

(Ord. No. 659, § 3, 4-15-21; Ord. No. 675, § 13, 11-17-22)