Rohnert Park Municipal Code Ch. 15.34 Electric Vehicle Charging Stations Review Process

Footnotes:

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Editor's note— Ord. No. 968, § 2, adopted June 28, 2022, repealed the former Ch. 15.34, §§ 15.34.010—15.34.070, and enacted a new Ch. 15.34 as set out herein. The former Ch. 15.34 pertained to similar subject matter, and derived from Ord. No. 909, § 2, adopted Sept. 12, 2017.

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

A. "Electric vehicle charging station (EVCS)" or "charging station" means any means any of the following:

1. 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 from which this chapter is derived, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

2. One or more electric vehicle charging spaces served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. Electric vehicle charging stations are not considered parking spaces.

B. "Electric vehicle (EV)" means an automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For purposes of the California Electrical Code, off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, "electric vehicle (EV) charger" means off-board charging equipment used to charge an electric vehicle.

C. "Electric vehicle (EV) charger" means off-board charging equipment used to charge an electric vehicle.

D. "Electric vehicle charging space (EV space)" means a space intended for future installation of EV charging equipment and charging of electric vehicles.

E. "Electric vehicle infrastructure training program (EVITP)" means the training program developed by automobile manufacturers, utilities, energy storage device manufacturers, electrical contractors, state and local electrical inspectors, the national fire protection agency and electrical workers that incorporates technical requirements, safety imperatives and performance integrity for the installation of electric vehicle supply equipment or EV charging stations, electric recharging points, charging points, as such program may be modified from time to time.

F. "Electric vehicle supply equipment (EVSE)" means the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

G. "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.

H. "Electronic submittal" means the utilization of one or more of the following:

1. Electronic mail or email.

2. Through an online permitting system.

3. Facsimile.

I. "Electric vehicle (EV) checklist" means a document containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to evaluate the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the city's zoning ordinance.

(Ord. No. 968, § 2, 6-28-2022)

The purpose of this section is to provide an expedited, streamlined permitting process for EVCS as required by California Government Code Section 65850.7.

(Ord. No. 968, § 2, 6-28-2022)

EVCS legally established or permitted prior to the effective date of the ordinance from which this chapter is derived 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 the EVCS in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.

(Ord. No. 968, § 2, 6-28-2022)

A. All EVCSs shall meet applicable health and safety standards and requirements imposed by the state and the city.

B. EVCSs shall meet all applicable safety and performance standards established by the California Electrical Code as modified by this title, 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 and associated wiring, bonding, disconnecting means and overcurrent protection devices shall meet the requirements of Article 625, as may be subsequently modified, and all applicable provisions of the California Electrical Code.

D. 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.

E. 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; areas of charging station equipment and vehicle parking.

(Ord. No. 968, § 2, 6-28-2022)

A. All applications will be subject to Chapter 15.04, General Provisions and Penalties, of this title.

B. All documents required for the submission of an expedited EVCS application shall be made available on the city's website.

C. Applications for EVCS permits, and any supporting documents, may be submitted by email, facsimile, or through an online permitting system.

D. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

E. The city manager or designee shall implement an EV checklist with all of the requirements for which EVCS shall comply to be eligible for expedited review.

F. The EVCS permit process, standard plans and checklist shall substantially conform to recommendations for expedited permitting 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, in effect at the time of permit application.

(Ord. No. 968, § 2, 6-28-2022)

A. An application that satisfies the information requirements in the checklist provided under Subsection 15.34.050(e) and (f), as determined by the building official, shall be deemed complete.

B. If the building official receives an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

C. Upon confirmation by the building official of the application and supporting documentation being complete, the building official shall review the application. The building official's review of the application shall be limited to whether the application meets local, state and federal health and safety requirements. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the EVCS will not have a specific, adverse effect on the public health or safety.

D. The building official may deny the building permit if the building official makes a finding based on substantial evidence that the EVCS could have a specific, adverse impact upon the public health and safety, and may require application for an conditional use under Section 17.25.010. Any conditions imposed shall be designed to mitigate the specific, adverse impact upon public health and safety at the lowest cost possible. The decision to deny the building permit and require an administrative permit may be appealed to the building board of appeals.

E. The city may not deny an application for a conditional use permit to install an EVCS 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 adverse impact.

F. Upon confirmation that the application is complete and that the EVCS will not have a specific, adverse impact upon the public health or safety, the building official shall approve the application and issue all the necessary permits and authorizations.

G. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

H. The city shall not condition approval of an application on the approval of a property-owner's association, as defined in Section 4080 of the Civil Code.

I. EVCS are subject to inspection in accordance with applicable provisions of the California Building Code. Construction of the EVCS shall remain visible and able to be accessed for inspection until approved.

J. If EVCS fails inspection, a subsequent inspection shall be required by the building official.

(Ord. No. 968, § 2, 6-28-2022)

A. All electrical vehicle infrastructure work on projects which are constructed with funds provided or administered by the city, in whole or in part, shall be installed by contractors holding the appropriate license classification required by the Contractors State License Board, and electricians performing such work shall hold certification from the electric vehicle infrastructure training program in accordance with the following:

1. All of the installation, commissioning, and maintenance of electric vehicle charging stations, equipment and related infrastructure (the "EV work") shall be performed in accordance with the following requirements:

a. At a minimum, one job-site supervisor or job-site foreman supervising the EV work at each job site shall hold EVITP certification and be a licensed electrician.

b. The EV work shall be performed only by duly licensed electricians. Apprentices may assist.

c. A minimum of fifty percent of the licensed electricians performing the EV work on each job site shall hold EVITP certification.

d. The ratio of journeymen to apprentices shall comply with applicable requirements under state law.

e. No EVITP certification shall be required of apprentices.

f. All apprentices assisting on the EV work shall be registered in an apprenticeship program compliant with California Department of Industrial Relations regulations and approved by the Division of Apprenticeship Standards, and which has a graduation rate of at least sixty percent.

2. Contractors performing EV work shall maintain written or electronic records regarding the performance of EV work, including the names of all EVITP electrician(s) who performed the EV work. Said records shall be made available to EVITP, and/or city upon request.

(Ord. No. 968, § 2, 6-28-2022)