Sec. 44-369. - Applicability.

This electric vehicle charging station permitting process applies to the administrative permitting of all electric vehicle charging stations in the City. No discretionary permit is required by the City for an electric vehicle charging station. An association approval is not required for the administrative permitting of an electric vehicle charging station.

Electric vehicle charging stations legally established or permitted prior to the Building Official's implementation of an expedited permitting process are not subject to the requirements of this electric vehicle charging station permitting process 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. Routine operation and maintenance or like-kind replacements may not require a building permit but a job site visit may be required at the discretion of the Building Official.

(Ord. No. 2023-02, § 7, 2-7-2023)

Sec. 44-370. - General requirements.

(a)

All electric vehicle charging stations shall meet applicable health and safety standards and requirements of local, State, and federal law, including the disabled access codes.

(b)

Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, 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.

(c)

Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of article 625 and all applicable provisions of the California Electrical Code.

(d)

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 California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

(e)

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.

(f)

An electric vehicle charging station (EVCS) shall be subject to all applicable City Municipal Code requirements in addition to the following:

(1)

The EVCS shall be protected as necessary to prevent damage by automobiles which may include the installation of bollards, if necessary.

(2)

The EVCS shall be designed to:

a.

Be safe for use during inclement weather.

b.

Be tamper-resistant to prevent injury particularly to children.

c.

Be resistant to potential damage by vandalism.

d.

Be equipped with a mechanism to prevent the theft of electricity by an unauthorized user.

(3)

The electric vehicle charging station shall have complete instructions and appropriate warnings posted in an unobstructed location next to each electric vehicle charging station.

(4)

One standard nonilluminated sign, not to exceed six square feet in area and ten feet in height, may be posted for the purpose of identifying the location of each cluster of electric vehicle charging stations.

(5)

Charging station shall not be placed within any portion of the required parking space area and reduce the minimum required off-street parking spot size.

(6)

Charging station outlets and connector devices shall contain a retraction device and/or a place to hang permanent cords and connectors sufficiently above the ground or paved surface in a neat and organized manner.

(Ord. No. 2023-02, § 7, 2-7-2023)

Sec. 44-371. - Application standards.

(a)

The City Building Official or his/her designee shall implement an expedited permitting process, that will allow the Building Official to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar non-discretionary permit.

(b)

The Building Official shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. The checklist and all required permitting documentation shall be published on the City Building and Safety Division's internet website.

(c)

In developing the expedited permitting process and checklist, the Building Official may refer to the recommendations contained in the most recent version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the State of California's Office of Planning and Research. The Building Official may modify the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions.

(d)

Electronic submittal of the required permit application and supporting documents shall be made available for all electric vehicle charging station permit applications. The method of electronic submittal shall be at the City's discretion.

(Ord. No. 2023-02, § 7, 2-7-2023)

Sec. 44-372. - Expedited permitting process.

(a)

The applicant may submit the permit application and supporting documents to the City's Building and Safety Division by electronic submittal. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications, and other documents may be used in lieu of a wet signature. If at the time of a permit application, the City's supporting technology does not facilitate electronic signatures, the City, at its discretion, may authorize the acceptance of either electronic signature or wet signature.

(b)

Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. 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.

(c)

A permit application that satisfies the information 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 meets the requirements of the City checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code §§ 65850.7 and 65850.71 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.

(d)

Upon confirmation by the building official that the application is complete and meets the requirements of the checklist, and is consistent with this division, the City Building Official shall administratively approve the application and issue all required permits or authorizations within the following timeframes:

(1)

EVCS Projects with one to 25 stations: a maximum of five business days to deem an application complete or incomplete, once application is complete, and a maximum of 20 business days to issue an approval to build.

(2)

EVCS Projects with 26 or more stations: a maximum of ten business days to deem an application in/complete, and a maximum of 40 business days to issue an approval to build.

(3)

The City Building Official may establish a process to prioritize competing applications for expedited permits.

(e)

If the City 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, the City may require the applicant to apply for a conditional use permit.

(f)

The City may withhold issuance of the administrative building permit for electric vehicle charging station if there is a violation on record for any structure associated with the electric vehicle charging station application under Building Official review.

(g)

The City shall not condition approval for any electric vehicle charging station administrative building permit on the approval of an electric vehicle charging station by an association, as that term is defined in Civil Code § 4080.

(h)

The City shall not deny an application for a conditional use permit to install an electric vehicle charging station unless it makes written findings of denial based upon substantial evidence in the record that the proposed electric vehicle charging station 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.

(i)

Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific adverse impact upon the public health or safety at the lowest cost possible.

(j)

This expedited permitting process is intended to apply only to applications for permits for electric vehicle charging stations, and will not expedite the review of any other permit applications.

(Ord. No. 2023-02, § 7, 2-7-2023)

Sec. 44-373. - Technical review.

(a)

It is the intent of the City's electric vehicle charging station permitting process 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 this Code, the City may require the applicant to apply for a conditional use permit.

(b)

In the technical review of a charging station, consistent with Government Code §§ 65850.7 and 65850.71, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code § 4080.

(c)

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 administratively 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.

(Ord. No. 2023-02, § 7, 2-7-2023)

Secs. 44-374—44-390. - Reserved. DIVISION 5. - SIGNS AND SIGNBOARDS[[3]]

Footnotes:

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Editor's note— Ord. No. 2021-03, § 4, adopted December 7, 2021, repealed div. 5, §§ 44-391—44-402, and enacted a new div. 5 as set out herein and later amended. Former div. 5 pertained to similar subject matter and derived from Ord. No. 2015-01, adopted May 5, 2015.

State Law reference— Authority of City Council to regulate outdoor advertising, Government Code § 38774.

Sec. 44-391. - Purpose.

This division is intended to guarantee the rights of persons to use their properties for private gain under reasonable limits, while also protecting the public interest as it relates to signs. Installation or continued use of signs that unduly distract the attention of motorists from driving, create traffic hazards, constitute a danger to vehicular or pedestrian traffic, or constitute an obstacle to effective fire and police protection are prohibited. Recognizing the rights of businesses and the importance of proper design, placement, and maintenance of signs to the appearance of the community, it is the intent of these sections to ensure that:

(1)

Sign design. Signs shall be designed, erected, and maintained in a manner that enhances the appearance of the community.

(2)

Sign maintenance. Signs erected within the City shall be properly maintained and kept in an attractive and clean condition.

(3)

Sign removal. Failure to properly maintain a sign shall be reason for the City to revoke the permit and cause the sign to be removed. Cost of such removal shall be charged against the owner of the property upon which the sign is located (see section 44-638).

(4)

Sign materials. Signs must be made of a durable material. With the exception of political signs, cardboard or paper signs shall not be allowed.

(Ord. No. 2021-03, § 4, 12-7-2021)