Colfax Municipal Code Ch. 15.40 Electric Vehicle Charging Stations

A. The State of California and the City of Colfax have consistently promoted and encouraged the use of fuel-efficient electric vehicles.

B. Creation of an expedited, streamlined permitting process for electric vehicle charging stations will facilitate convenient charging of electric vehicles throughout the city.

C. Electric vehicle charging stations which qualify for expedited administrative permit processing pursuant to California Government Code Section 65850.7, as may be amended or replaced from time to time, shall be subject to the permitting procedures set forth in this chapter.

(Ord. No. 551, § 1, 1-25-2023)

The following words and phrases used in this chapter shall have the following meanings ascribed to them. If the definition of any such word or phrase is changed by an amendment to or replacement of any statute or publication referred to in this ordinance, then the following meanings shall have the same meaning and interpretation as that word, phrase or publication has as amended or replaced.

A. "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 another similarly situated application in a prior successful application for a permit.

B. "Applicable time period" for purposes of Section 15.40.060 shall mean either of the following:

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

2. Ten (10) business days after submission of the application to the city if the application is for more than twenty-five (25) electric vehicle charging stations at a single site.

C. "Association" means a non-profit corporation or unincorporated association created for the purpose of managing a common interest development.

D. "Electronic submittal" means the utilization of one or more of the following: email, the internet, facsimile or other utilization of the city's electronic permitting system, if any.

E. "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 may be amended or replaced from time to time, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

F. "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.

(Ord. No. 551, § 1, 1-25-2023)

Consistent with Government Code Section 65850.7, the city's building official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research. The city's adopted checklist shall be published on the city's website.

(Ord. No. 551, § 1, 1-25-2023)

Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(Ord. No. 551, § 1, 1-25-2023)

Consistent with Government Code Section 65850.7, the building official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association.

(Ord. No. 551, § 1, 1-25-2023)

A. A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and shall be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the city's adopted checklist, and is consistent with all applicable laws, rules and regulations, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

B. An application to install an electric vehicle charging station submitted to the city's building official shall be deemed complete if, after the applicable time period has elapsed, both of the following are true:

1. The city building official has not deemed the application complete, consistent with the checklist created by the city pursuant to California Government Code Section 65850.7(g); and

2. The city building official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the city building official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with California Government Code Sections 65850.7 (b) and (g).

C. An application to install an electric vehicle charging station submitted to the city's building official shall be deemed approved if, after the applicable time period has elapsed, all of the following are true:

1. The city's building official has not administratively approved the application;

2. The city's building official has not made a finding , based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact on the public health or safety or required the applicant to apply for a use permit pursuant to California Government Code Section 65850.7(b);

3. The city's building official has not denied the permit application pursuant to California Government Code Section 65850.7(c); and

4. An appeal has not been made pursuant to California Government Code Section 65850.7(d).

D. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the city shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.

E. If the electric vehicle charging station is being installed in an area that receives electric service from a local publicly owned electric utility, this section does not expand or restrict the local publicly owned electric utility's role and responsibility in providing new electric service to the electric vehicle charging station in a manner consistent with safety, reliability, and engineering requirements.

F. Nothing in this chapter shall modify or remove any obligation of the permit applicant or operator of an electric vehicle charging station to comply with any electric utility's reasonable and feasible safety, reliability, and engineering interconnection policies.

(Ord. No. 551, § 1, 1-25-2023)

It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for 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 Government Code 65850.7, the city may require the applicant to apply for a use permit.

(Ord. No. 551, § 1, 1-25-2023)