Lindsay Municipal Code § 15.03 Expediting Permitting Process For Electric Vehicle Charging Systems

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 while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is also purposed to comply with California Government Code Section 65850.7.

(Ord. 607, 2023)

The following words and phrases as used in this section are defined as follows:

1. "Electronic submittal" means the utilization of the City's online portal, email, and or the Internet.
2. "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 Electric Code, as it reads on January 1, 2022, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
3. "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.

(Ord. 607, 2023)

Section 65850.7 of the California Government Code provides that every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for Electric Vehicle Charging Stations. This section applies to the permitting of all electric vehicle charging stations in the City.

1. All electric vehicle charging stations legally established or permitted prior to the effective date of this ordinance shall not require a permit issued under this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station. Routine operations and maintenance or like-kind replacements of the components of an electric vehicle charging state shall not be considered a material change.

(Ord. 607, 2023)

1. All electric vehicle charging stations shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the state and the City, local fire department and utility director, the California Building Code, City of Lindsay Municipal Code, and Federal laws including the Americans with Disabilities Act.
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.

(Ord. 607, 2023)

1. All documents required for submission of an electric vehicle charging station application shall be made available on the City's website.
2. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
3. The Building and Safety Services Division shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.
4. The Building and Safety Services Division may refer to the recommendations contained in 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, when adopting the electric vehicle charging station permit process and checklist. The checklist will be made available on the City's website.

(Ord. 607, 2023)

1. The Building Official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Review of a complete permit application shall be limited to the Building Official's review of whether it meets all health and safety requirements of local, state and federal law. Local law requirements shall be limited to those standards and regulations necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installation. For direct current fast chargers (DCFC), the review of a complete permit application will be a fifteen-business day timeline.
2. A permit application that satisfies the information requirements in the checklist, as adopted by the City, shall be deemed complete.
3. A complete permit application and proposed installation that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall be not be denied.
4. An applicant that provides an incomplete permit application shall be provided with a written correction notice detailing all deficiencies in the application and any information required to be eligible for expedited permit issuance.
5. The Building Official may require an applicant to apply for a conditional use permit if the 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 and conditions are necessary. The decision of the Building Official may be appealed to the City Council in accordance with the procedures of Section 15.03.070.
6. The Director may not deny an application for a conditional use permit unless it makes written findings 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 Director's written findings shall include the basis for the rejection of potential feasible alternatives or conditions for preventing the adverse impact. The decision of the Director may be appealed to the City Council in accordance with the procedures Section 15.03.070.
7. Any conditions imposed on an application shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. Government Code Section 65850.7 requires that the Building Official shall not condition the approval for any conditional use permit on the approval of such a system by an association, as that term is defined by Civil Code 4080.
8. 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 by the City on another similarly situated application in a prior successful application for a permit.

(Ord. 607, 2023)

Any applicant aggrieved by any decision of the Director or Building Official may appeal to the City Council by filing a notice of appeal with the City Clerk within fifteen days after the decision is made. The council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such applicant at his last known address. The decision of the council shall be final and conclusive, and shall be served upon the appellant in the manner prescribed in this chapter for the service of a notice of hearing.

(Ord. 607, 2023)