Pomona Municipal Code Ch. 75 Electrical Vehicle Charging Stations

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. No. 4330, § 2, 4-17-2023)

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.

Chief building official means the chief building official of the city or his or her designee.

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, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

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.

Electronic submittal means the utilization of one or more of the following:

(1) Email

(2) The Internet

(3) Facsimile

Director of development services means the director of development services of the city or his or her designee.

(Ord. No. 4330, § 2, 4-17-2023)

(a) The electric vehicle charging station shall meet the 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 rules of the public utilities commission and the local 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.

(Ord. No. 4330, § 2, 4-17-2023)

(a) Consistent with Government Code section 65850.7, the City of Pomona shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt checklists of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The checklists shall set forth all requirements with which the electric vehicle charging stations must comply in order to be eligible for expedited review and shall be published on the city's website. The director of development services is hereby authorized and directed to develop such checklist and procedures.

(b) The expedited, streamlined permitting process and checklist shall substantially conform to the recommendations for expedited permitting, including the checklists 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.

(c) The director of development services may modify the checklist found in zero emissions vehicles in California: Community readiness guide book due to unique climactic, geological, seismological, or topographical conditions.

(Ord. No. 4330, § 2, 4-17-2023)

(a) 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; and areas of charging station equipment and vehicle parking.

(b) The applicant may submit an application and related documentation for an electric vehicle charging station by electronic submittal, with all required permit processing and inspection fees, as specified on the city's website. In accepting such permit applications, the department of development services shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(c) A permit application shall be deemed complete when department of development services staff determine that that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the city.

(d) If department of development services staff determine that the permit application is incomplete, a written correction notice to the applicant shall be issued, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(Ord. No. 4330, § 2, 4-17-2023)

(a) The director of development services shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this chapter, the chief building official retains authority at all times to identify and address higher priority life-safety situations.

(b) If the director of development services 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. The director of development services decision may be appealed by the applicant to the planning commission.

(c) An application for a use permit to install an electric vehicle charging station shall not be denied unless the planning commission 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. If denied, the planning commission's decision may be appealed by the applicant to the city council.

(d) In the technical review of a charging station application, the director of development services shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code section 4080.

(e) Upon confirmation by the director of development services that the permit application and supporting documents meet the requirements of the city adopted checklist, and is consistent with all applicable laws and health and safety standards, the director of development services shall, consistent with Government Code section 65850.7, as may be amended, approve the application, and issue all necessary permits.

(Ord. No. 4330, § 2, 4-17-2023)