Chapter 16 — ELECTRIC VEHICLE CHARGING STATIONS

The purpose of this chapter is to promote and encourage the use of electric vehicles by adopting an ordinance in compliance with Assembly Bill 1236 (Chapter 598, Statutes 2015, California Government Code Section 65850.7) that expedites and streamlines the 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. (§ 2, Ord. 877, eff. December 14, 2017)

"Building Official" means the City of Ojai Building Official.

"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 Electrical Code, as it reads on the effective date of the ordinance codified in this chapter, 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)

  • Electronic mail or email;

• (2)

  • The Internet;

• (3)

• 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. (§ 2, Ord. 877, eff. December 14, 2017)

• (a) Checklist. The Building Official shall implement an expedited and streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited and streamlined permitting process and checklist 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," as published by the Governor's Office of Planning and Research. The City's adopted checklist shall be published on the City's website. Applicants shall pay a permit fee as required by the City Council by resolution.

• (b) Specific, adverse impact verification. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have any 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; and areas of charging

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City of Ojai, CA § 9-16.03

OJAI CODE

§ 9-16.04

station equipment and vehicle parking.

• (c) Permit application processing. Upon confirmation by the Building Official that the permit application and supporting documentation satisfies the requirements in the City's adopted checklist, the Building Official shall deem the permit application complete and it will be promptly processed in accord with all applicable laws and health and safety standards. The Building Official shall, consistent with Government Code Section 65850.7, 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) Electronic submittal and signature. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications and shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

• (§ 2, Ord. 877, eff. December 14, 2017)

• (a) Use permit required. It is the intent of this chapter 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 on local, State, or Federal public health or safety requirements, the City may require the applicant to apply for a use permit.

• (b) User permit conditions. If the Building Official issues an electric vehicle charging station use permit, the permit may include conditions designed to mitigate any specific, adverse impact upon public 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.

• (c) Denial of use permit. If an electric vehicle charging station use permit is required, the Building Official may only deny an application for the electric vehicle charging station use permit if the Building Official 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.

• (d) Appeal. The Building Official's decision may be appealed to the Building Appeals Board in accordance with Section 9-1.215 of the Ojai Municipal Code.

• (e) Prohibition. In the technical review of a charging station, consistent with Government Code Section 65850.7(h), 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,

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-16.04

§ 9-16.05

as that term is defined by Civil Code Section 4080.

(§ 2, Ord. 877, eff. December 14, 2017)

• (a) Electric vehicle charging station equipment shall meet the requirements of the California Electrical 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 Article 625 and all applicable provisions of the California Electrical Code.

• (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.

• (§ 2, Ord. 877, eff. December 14, 2017)

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City of Ojai, CA § 9-17.01

BUILDING REGULATIONS

§ 9-17.03