Sebastopol Municipal Code Ch. 15.120 Expedited, Streamlined Permitting Process for Electric Vehicle…

The purpose of this chapter is to adopt an expedited, streamlined electric vehicle charging system permitting process that complies with AB 2136 and Section 65850.7 of the Government Code to achieve timely and cost-effective installations of electric vehicle charging stations. This chapter encourages the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the City of Sebastopol, and expanding the ability of property owners to install electric vehicle charging stations. This chapter allows the City of Sebastopol to achieve these goals while protecting the public health and safety. (Ord. 1094 § 1, 2016)

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

A “common interest development” means any of the following:

1. A community apartment project.

2. A condominium project.

3. A planned development.

4. A stock cooperative.

An “electric vehicle charging station” (EVCS) 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 this section, 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;

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 a city, county, or city and county on another similarly situated application in a prior successful application for a permit.

“Reasonable restrictions” on an electric vehicle charging system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

“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. 1094 § 2, 2016)

This chapter applies to the permitting of all electric vehicle charging stations in the City of Sebastopol. Electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance codified in this chapter 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 a system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit. (Ord. 1094 § 3, 2016)

All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the City of Sebastopol.

Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. 1094 § 4, 2016)

All documents required for the submission of an expedited electric vehicle charging station application shall be made available on the publicly accessible City of Sebastopol website.

Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all electric vehicle charging station permit applicants.

The City of Sebastopol’s Building Department shall adopt a standard plan and checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

The electric vehicle charging station permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Office of Planning and Research.

All fees prescribed for the permitting of electric vehicle charging stations must comply with Government Code Sections 65850.55, 66015 and 66016, and State Health and Safety Code Section 17951. (Ord. 1094 § 5, 2016)

The City of Sebastopol Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of electric vehicle charging stations within 30 days of the adoption of the ordinance codified in this chapter. The Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application that meets the requirements of the approved checklist and standard plan. A Building Official may require an applicant to apply for a use permit if the Official finds, based on substantial evidence, that the electric vehicle charging system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the City’s Planning Commission.

Review of the application shall be limited to the Building Official’s review of whether the application meets local, state, and federal health and safety requirements.

If a use permit is required, a Building Official may deny an application for the use permit if the Official makes written findings based upon substantive 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, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City Planning Commission.

Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon 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.

A city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. (Ord. 1094 § 6, 2016)