§ 12.315

The purpose of this section 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 due to the installation and use of such charging stations. This chapter implements California Government Code Section 65850.7.

(Ord. No. 1974, div. 1, 11-18-2019)

12.315.020 - Definitions.

For purposes of this section, the following definitions shall apply:

1.

"Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built and installed in compliance with Article 625 and other general requirements of the California Electrical Code in effect at the time of installation and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

2.

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or condition as they existed on the date the application was deemed complete.

3.

"Electronic submittal" means the utilization of one (1) or more of the following: electronic mail or email, the internet, or facsimile.

4.

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 on an application for a permit.

(Ord. No. 1974, div. 1, 11-18-2019)

12.315.030 - Expedited permit process.

The building official shall develop, maintain and administer an application checklist of all requirements for which electric vehicle charging stations shall comply in order to be eligible for expedited review. The application checklist shall be published and made available on the city website. The checklist shall include information on how and where to file an application including instructions for electronic submittal, necessary worksheet, and an application form.

(Ord. No. 1974, div. 1, 11-18-2019)

The city building division shall make every attempt to review and approve for permit issuance all applications for electric vehicle charging stations in an expedited fashion when completed applications are received which meet all the requirements of the application checklist, as follows:

1.

The city shall administratively approve an application to install an electric vehicle charging station through the issuance of a building permit or similar nondiscretionary permit.

2.

For outdoor electric vehicle charging stations that are not attached to a building, zoning review and clearance from the planning division shall be required prior to the issuance of a building permit or similar nondiscretionary permit. Single-family residences are exempt from this zoning review and clearance.

3.

Review of the application to install an electric vehicle charging station shall be limited to the building official's review of whether the application meets all health and safety requirements of local, state, federal law, and the local utility authority. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety.

4.

Upon city confirmation that the application and supporting documents are complete and meet the requirements of the federal, state and local codes, the city shall approve the application and issue all required permits or authorizations.

5.

In the event the application and supporting documents are incomplete, the city shall issue a written correction notice to the applicant detailing all deficiencies in the application and list any additional information required to be eligible for expedited permit issuance.

6.

In the event the building official, in consultation with the community development director, 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, which shall be subject to the following:

a.

An application for a use permit shall be filed and processed pursuant to Title 14 (zoning) of this Code. The city zoning administrator shall conduct the required public hearing and take action on the use permit application.

b.

The zoning administrator may 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.

c.

Any conditions imposed on a use permit application shall be crafted to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.

d.

The zoning administrator's decision on the use permit may be appealed to the planning commission pursuant to the time limits and processing provisions set forth in Title 14.

(Ord. No. 1974, div. 1, 11-18-2019)

Fees for permits subject to this application process shall be as set forth in the master fee schedule resolution of the city council, as amended from time to time.

(Ord. No. 1974, div. 1, 11-18-2019)

Chapter 12.320 - EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS