Martinez Municipal Code Ch. 15.08 Electric Vehicle Charging Station

This chapter shall be known as "Electric Vehicle Charging Station."

(Ord. No. 1435 C.S., § 1, 3/16/2022)

The purpose of this chapter is to adopt an ordinance in compliance with AB 1236/SB 970 (Chapter 598, Statutes 2015, Cal. Gov't Code § 65850.7/Chapter 710, Statutes of 2021, Cal Gov't Code §§ 65850.7 and 65850.71) while protecting public health and safety.

(Ord. No. 1435 C.S., § 1, 3/16/2022)

"Electric vehicle charging station(s)" or "charging stations(s)"

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 it reads on the effective date of this Chapter or as it may be amended and/or renumbered thereafter, 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:

Email;

The internet; and/or

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. 1435 C.S., § 1, 3/16/2022)

A. This Chapter applies to the permitting of all electric vehicle charging stations in the City.

B. All electric vehicle charging stations shall require a permit issued in accordance with this Chapter. It shall be unlawful for any person to install, operate, or maintain an electric vehicle charging station without such a permit.

C. Electric vehicle charging stations legally established or permitted prior to the effective date of this Chapter are not subject to the requirements of this Chapter unless physical modifications or alterations are undertaken that materially change the size, type, capacity, or components of a charging station. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. No. 1435 C.S., § 1, 3/16/2022)

A. All electric vehicle charging stations shall meet applicable Federal, State, and City health and safety standards and requirements.

B. All 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 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. 1435 C.S., § 1, 3/16/2022)

A. The Building Official shall approve a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review.

B. Every application to the Building Official for the installation, alteration and replacement of an electric vehicle charging station shall be in the form provided by the Building Official, in writing, and contain the information set forth in the checklist and such other information as the Building Official may reasonably require to carry out the purpose of this Chapter. The permit application, checklist, and required permitting documentation shall be available on the City's website.

C. The applicant may submit the permit application and associated documentation by personal, mailed, or electronic submittal. The Building Official shall approve requirements for the submittal of the permit application, associated application documentation, and fees. Personal, mailed, or electronic submittal of the permit application, associated application documentation, and fees shall conform to the requirements approved by the Building Official. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. In connection with each permit application, an applicant shall:

1. Verify to the Building Official's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the electric vehicle charging station is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the ground; and

2. At the applicant's cost, verify to the Building Official's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new electrical loads.

D. If the Building Official determines an application for an electric vehicle charging station satisfies the requirements of this Chapter, the Building Official will deem the application complete within the applicable time period. If the Building Official receives an incomplete application, the Building Official will 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, within the applicable time period. After the Building Official determines an application for an electric vehicle charging station is complete, the application will be processed in accordance with this Chapter.

1. For purposes of this subsection the "applicable time period" means: either of the following:

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

b. Ten business days after submission of the application to the city if the application is for more than 25 electric vehicle charging stations at a single site.

E. An application for an electric vehicle charging station that is not accompanied by the applicable fees shall be considered incomplete.

(Ord. No. 1435 C.S., § 1, 3/16/2022)

A. The Building Official shall adopt an administrative, nondiscretionary review process to expedite approval of permit applications for electric vehicle charging stations for which no finding of specific, adverse impact has been made, within the following time periods:

1. Within 20 business days after the application is deemed complete, if the application is for at least one, but not more than 25 electric vehicle charging stations at a single site.

2. Within 40 business days after the application is deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

B. Where an application meets local, State, and Federal health and safety requirements, the requirements of the checklist, and there are no specific, adverse impacts upon public health or safety, the Building Official shall complete the nondiscretionary permit approval process within the time specified in subsection A above.

(Ord. No. 1435 C.S., § 1, 3/16/2022)

A. The Zoning Administrator, in coordination with the Building Official, may require an applicant to apply for an electric vehicle charging station use permit if the Zoning Administrator finds, based on the initial application submittal, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety. The Zoning Administrator's decision may be appealed to the Planning Commission by filing a written request for appeal within ten calendar days of the date of the Zoning Administrator's decision, in accordance with Section 22.06.050.

B. If an electric vehicle charging station use permit is required, the Zoning Administrator may only deny an application for the electric vehicle charging station use permit if the Zoning Administrator makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. The findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. The Zoning Administrator's decision may be appealed to the Planning Commission by filing a written request for appeal within ten calendar days of the date of the Zoning Administrator's decision, in accordance with Section 22.06.050.

C. If the Zoning Administrator issues an electric vehicle charging station use permit, the permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. 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. No. 1435 C.S., § 1, 3/16/2022)

The City Council shall establish by resolution the fees charged for applications and permits under this Chapter.

(Ord. No. 1435 C.S., § 1, 3/16/2022)