Nevada City Municipal Code Ch. 12.25 Electric Vehicle Charging Station Permitting Process

The purpose of this chapter is to adopt an expedited, streamlined permitting process that complies with AB 1236 codified in Government Code section 65850.7 to achieve timely, cost-effective installation of electric vehicle charging stations. This chapter encourages the installation and use of electric vehicle charging stations by removing obstacles to and minimizing the cost of permitting for charging stations, and by expanding the ability of residential, commercial and industrial property owners to install electric vehicle charging stations. This chapter allows the Nevada City to achieve these goals while protecting the public health, safety and welfare.

(Ord. No. 2017-14, § I (Exh. A), 10-10-2017)

This chapter applies to the permitting of electric vehicle charging stations in the City of Nevada City. Electric vehicle charging stations legally established or permitted prior to implementation of this expedited permitting process 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. 2017-14, § I (Exh. A), 10-10-2017)

As used in this chapter, certain terms are defined as follows:

An "association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

"Building Official" means the officer or other designated authority charged with the administration and enforcement of the Municipal Code of the City of Nevada City, or a duly authorized representative.

"City" means the City of Nevada City.

"Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designated and built in compliance with the California Electrical Code as it reads on the effective date of this section, 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:

1. Email;

2. The Internet; or

3. Facsimile.

"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.

"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. 2017-14, § I (Exh. A), 10-10-2017)

A. All electric vehicle charging stations shall meet applicable health and safety standards and requirements of local, state and federal law.

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.

(Ord. No. 2017-14, § I (Exh. A), 10-10-2017)

A. No later than September 30, 2017, the Building Official, or his/her designee shall implement an expedited permitting process, after consulting with the local fire department, 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 nondiscretionary 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'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" and/or 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 checklist and standards found in the Guidebook due to unique climatic, 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. 2017-14, § I (Exh. A), 10-10-2017)

A. The applicant may submit the permit application and supporting documents to the City 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.

B. An application and supporting documents that satisfy the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information that is required to be eligible for expedited permit issuance.

C. Upon confirmation by the Building Official that the application is complete and meets the requirements of the checklist and is consistent with this chapter, the Building Official shall administratively approve the application and issue all required permits or authorizations. The Building Official may establish a process to prioritize competing applications for expedited permits.

1. If the City 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 use permit in accordance with Section 17.88.020 of the City Municipal Code.

2. The City may withhold issuance of the use permit or administrative approval if there is a violation on record for any structure associated with the application under review.

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

D. The City shall not deny an application for a use permit to install an electric vehicle charging station 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 findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

E. 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.

F. 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.

G. The Building Official's decision pursuant to subsections C or D of this section may be appealed to the City Planning Commission.

(Ord. No. 2017-14, § I (Exh. A), 10-10-2017)