El Dorado County Municipal Code Ch. 110.70 Electric Vehicle Charging Station Regulations

The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations that complies with AB 1236 (California Government Code § 65850.7), to achieve timely and cost-effective installations. The chapter encourages the installation of electric vehicle charging stations while promoting public health and safety; preventing specific adverse impacts in the installation and use of such charging stations.

(Ord. No. 5165, § 2, 8-30-2022)

This chapter applies to the permitting of all electric vehicle charging stations within the unincorporated area of the County of El Dorado. Electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance from which this chapter is derived are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station in such a way as to require new permitting.

(Ord. No. 5165, § 2, 8-30-2022)

Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with the current edition of the adopted California Electrical Code, as it reads on the effective date of the ordinance from which this chapter is derived, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

Electronic submittal means the utilization of one or more of the following:

1. On-line submission via County of El Dorado Building Services website.

2. Email.

3. Licensed Contractors Trade Email Permit Program.

4. Facsimile.

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. 5165, § 2, 8-30-2022)

A. The County of El Dorado Planning and Building Department: Building Services shall develop an electric vehicle (EV) Checklist (Residential or Commercial) of all requirements that electric vehicle charging stations must comply with to be eligible for expedited review. The criteria outlined in the EV Checklist (Residential or Commercial) will facilitate an expedited plan review process. The EV Checklist (Residential or Commercial) and all other documents required for the submission of the electric vehicle charging station application shall be made available on the building services website. Department staff may carry out the administrative responsibilities of the Building Official for purposes of this section.

B. The expedited, streamlined permitting process and EV Checklist (Residential or Commercial) 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. The Building Official shall allow for electronic submittal of permit applications covered by this chapter.

D. The Building Official shall accept electronic signature on all forms, applications, and supplemental documentation in lieu of a wet signature by the applicant. For purposes of this section, the Building Official 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. No. 5165, § 2, 8-30-2022)

A. Prior to submitting a building permit application for expedited processing, the applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact to public health, safety, and building occupants. The applicant shall verify that the proposed electric vehicle charging stations meet applicable health and safety standards established by the State and the County of El Dorado. The verification by the applicant includes, but is not 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.

B. A permit application that satisfies the requirements in the County's adopted EV Checklist (Residential or Commercial) 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 County adopted EV Checklist (Residential or Commercial), and is consistent with all applicable laws, health and safety standards, the Building Official shall, consistent with Government Code § 65850.7, approve the application and prepare the permit for issuance.

C. The application approval does not authorize applicant to energize or utilized the electric vehicle charging station, which shall not occur until the County grants final building permit approval.

D. If the Building Official determines that the permit application is incomplete, he or she shall issue a correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(Ord. No. 5165, § 2, 8-30-2022)

A. The intent of the Electric Vehicle Charging Station Ordinance is to encourage the installation of electric vehicle charging stations by removing obstacles of permitting for charging stations, so long as the action does not supersede the Building Official's authority to address higher priority life-safety situations.

B. Electric vehicle charging stations as defined in Subsection 110.70.020 shall be allowed as a secondary use in commercial zones, industrial zones, and in all residential zones that have established their primary use. In residential, commercial, and industrial zones, the electric vehicle charging stations as a use shall be secondary, accessory, and subordinate to the primary use.

C. The review of the permit application shall be limited to the Building Official's review of whether the application meets local, State, and Federal health and safety requirements. The Building Official shall administratively review the application as a ministerial permit.

D. The Building Official, consistent with Government Code § 65850.7, shall not condition the approval of an application on the approval of an association, as Civil Code § 4080 defines that term.

E. An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance, when the Building Official determines that the application satisfies all the requirements found in the EV Checklist (Residential or Commercial).

F. The Building Official may require an applicant to apply for a conditional use permit if the Building Official makes a written finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety. The Building Official's decision to require a conditional use permit may be appealed by the applicant to the Planning Commission pursuant to Subsection 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of Title 130 Zoning Ordinance. Any conditions imposed on, or the denial of a conditional use permit, shall comply with Government Code § 65850.7.

(Ord. No. 5165, § 2, 8-30-2022)

A. Electric vehicle charging station equipment shall meet the requirements of the California Electric Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a municipal electric utility company regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of the current edition and all applicable provisions of the California Electrical Code.

C. Installation of electrical vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

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

(Ord. No. 5165, § 2, 8-30-2022)