Tiburon Municipal Code § 13-16 Permit review and issuance

Footnotes:

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Editor's note— Ord. No. 575 N.S., § 2, adopted June 21, 2017, added article V to read as set out herein. Ord. No. 566 N.S., § 4, adopted November 16, 2016, repealed the former Art. V., §§ 13-11—13-16, which pertained to energy efficiency standards for single-family dwellings greater than three thousand five hundred square feet and derived from Ord. No. 506 N.S., § 2 (part); Ord. No. 523 N.S., § 2C, 1-19-2011.

The purpose of this article is to provide an expedited, streamlined electric vehicle charging station permitting process that complies with section 65850.7 of the California Government Code in order to achieve timely and cost-effective installations of electric vehicle charging stations. This article encourages the installation of electric vehicle charging stations by removing unreasonable barriers and minimizing costs of installation. This article allows the town to achieve these goals while protecting the public health and safety.

(Ord. No. 575 N.S., § 2, 6-21-2017)

As used in this article, the following terms, phrases, and words are defined as set forth below, and shall be construed in compliance with the definitions set forth under California Government Code section 65850.7:

A. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" has the meaning set forth in California Government Code section 65850.7, as may be amended from time to time.

B. "Application checklist" means that certain checklist adopted by the Town's building division with all application requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

C. "Building official" means the building official of the Town of Tiburon or the person designated by the building official as the person responsible for administering the provisions of this article.

D. "Charging station permit" means a permit for an electric vehicle charging station issued administratively by the building official.

E. "Electronic submittal" has the meaning set forth in California Government Code section 65850.7, as may be amended from time to time.

F. "Electric vehicle charging station" has the meaning set forth in California Government Code section 65850.7, as may be amended from time to time.

G. "Specific, adverse impact" has the meaning set forth in California Government Code section 65850.7, as may be amended from time to time.

H. "Town" means the Town of Tiburon located in California.

(Ord. No. 575 N.S., § 2, 6-21-2017)

A. This article applies to the permitting of all electric vehicle charging stations in the town.

B. Notwithstanding the foregoing, electric vehicle charging stations legally established or permitted prior to July 21, 2017 are not subject to the permitting requirements of section 13-14 of this article unless physical modifications or alterations are undertaken that materially change the size, type, or components of the electric vehicle charging station in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements of the components of an electric vehicle charging station shall not be considered a material change.

(Ord. No. 575 N.S., § 2, 6-21-2017)

A. All electric vehicle charging stations shall require a permit issued in accordance with section 13-14 of this article. It shall be unlawful for any person to install, operate, or maintain an electric vehicle charging station without such a permit for such work, and the permit shall be secured from the building official by the electric vehicle charging station's owner or the owner's agent.

B. All electric vehicle charging stations erected, constructed, installed, altered, replaced, or to which additions are made shall comply with all of the provisions of all applicable health and safety standards and requirements of local, state, and federal law, including, without limitation, the Town of Tiburon Municipal Code, the fire district, and any other local permitting authority.

C. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the Institute of Electrical and Electronics Engineers, the National Electrical Manufacturers Association, accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. No. 575 N.S., § 2, 6-21-2017)

A. Every application to the building official for the installation, alteration, or replacement of an electric vehicle charging station shall be in writing and contain the information set forth in the application checklist and such other information as the building official may reasonably require to carry out the purpose of this article. The application checklist and all other documents required for the submission of an electric vehicle charging station application subject to provisions of this article shall be made available on the town website.

B. The applicant may submit the permit application and associated documentation to the building division of the town by personal delivery, mail, or electronic submittal, together with any required permit processing and inspection fees. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(Ord. No. 575 N.S., § 2, 6-21-2017)

A. The building official shall implement an administrative, nondiscretionary review process to expedite approval of electric vehicle charging stations.

B. An application that satisfies the information requirements of the application checklist and this article, as determined by the building official, shall be deemed complete. Upon confirmation by the building official that the application and supporting documents are complete and that they meet the requirements of the application checklist and this article, the building official shall approve the application and issue a charging station permit.

C. Upon receipt of 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.

D. Review of the application shall include a determination by the building official that the proposed electric vehicle charging station (i) meets local, state, and federal health and safety requirements; and (ii) meets all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the Institute of Electrical and Electronics Engineers, the National Electrical Manufacturers Association, accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

E. If the building official finds and determines, based on substantial evidence, that the electric vehicle charging station 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 building official shall make written findings to support this determination and may require an applicant to apply for an administrative electric vehicle charging station use permit. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. The determination of the building official becomes final unless the decision is appealed to the planning commission, whose decision shall be final.

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

G. If the building official requires an administrative electric vehicle charging station use permit, the planning commission shall approve an application for an administrative electric vehicle charging station use permit, provided the planning commission determines there is a feasible method to satisfactorily mitigate or avoid the specific, adverse impact upon public health and safety. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, without limitation, any cost-effective method, condition, or mitigation imposed by the town on another similarly-situated application in a prior successful application for a permit. The planning commission may impose such conditions upon the issuance of a use permit that are designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible. If the planning commission determines there are not feasible methods to satisfactorily mitigate or avoid a specific, adverse impact upon health and safety, the planning commission may deny the application for an administrative use permit, provided it makes written findings to support such determination. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the specific, adverse impact.

H. Town approval of an application for electric vehicle charging station shall not be conditional on approval by an association, as that term is defined in section 4080 of the California Civil Code.

(Ord. No. 575 N.S., § 2, 6-21-2017)

A. The building official shall have access to the premises described in a permit or application for a permit for the electric vehicle charging station in order to inspect the progress of the work.

B. In the event of any default in the performance of any term or condition of the permit, the building official, or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the electric vehicle charging station.

C. No person shall interfere with nor obstruct the ingress or egress to or from any such premises of any authorized representative or agent of the town engaged in the work of completing, demolishing, or removing any electric vehicle charging station for which a permit has been issued, after a default has occurred in the performance of the terms or conditions thereof.

(Ord. No. 575 N.S., § 2, 6-21-2017)

Editor's note— Ord. No. 575 N.S., § 2, adopted June 21, 2017, set out provisions intended for use as § 13-17. For purposes of classification, and at the editor's discretion, these provisions have been included as § 13-16.5.