Tustin Municipal Code Ch. 3 Electric Vehicle Charging Station Permits

The intent and purpose of this Chapter is to adopt an expedited, streamlined electric vehicle charging station permitting process that complies with AB 1236 (Chapter 598, Statutes 2015) to achieve timely and cost-effective installations of electric vehicle charging stations. This Chapter is designed to encourage the installation and use of electric vehicle charging stations by removing barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install such systems. This Chapter allows the City to achieve these goals while protecting the public health and safety.

(Ord. No. 1476, Sec. 2, 8-1-17)

"Building Division." The Building Division of the City of Tustin.

"Building Official." The Building Official for the City of Tustin.

"City." The City of Tustin.

"Electric vehicle charging station." 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 Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

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

1. Email.

2. The Internet.

3. Facsimile.

"Expedited permitting" and/or "expedited review." The process outlined in Sections 8303 entitled "Application Submittal and Expedited Review."

"Feasible method to satisfactorily mitigate or avoid a 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 similar permit.

"Specific, adverse impact." 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. No. 1476, Sec. 2, 8-1-17)

(a) All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the State of California and the City of Tustin.

(b) All electric vehicle charging stations shall require a permit issued by the Building Division that complies with the City's adopted California Building Codes, and issued pursuant to this Ordinance. Routine operation and maintenance or like-kind replacements shall not require a permit.

(c) The Building Official shall adopt and implement and, as needed, update an administrative, nondiscretionary expedited permit process for electric vehicle charging stations. The process shall include a checklist that sets forth all requirements with which the electric vehicle charging station must comply in order to be eligible for expedited permit processing.

(d) The electric vehicle charging station permit process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" ("Guidebook") published by the Governor's Office of Planning and Research, as may be periodically revised.

(e) The Building Official may periodically modify or update the checklist found in the Guidebook due to unique climactic, geological, seismological, or topographical conditions. The checklist and standards for electric vehicle charging stations adopted by the Building Official, as well as all other required permitting documentation shall be available from the Building Division or on the Building Division's website. If the Building Official modifies the checklist and standards found in the Guidebook, he shall document the unique climactic, geological, seismological or topographical conditions requiring such modifications and shall also include such documentation on the Building Division's website.

(Ord. No. 1476, Sec. 2, 8-1-17)

(a) All documents required for the submission of an expedited electric vehicle charging station shall be made available on the Building Division's website. The applicant may submit the application and related documentation for an electric vehicle charging station in person or by electronic submittal, with all required permit processing and inspection fees, as specified on the Building Division's website.

(b) Electronic signatures shall be accepted by the Building Division on all electronic submittals in lieu of a wet signature.

(c) An application for an electric vehicle charging station shall be deemed complete when the Building Division determines that the application is complete and satisfies all the information requirements in the checklist and standard plans and all fees are paid.

(d) 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 provided to the applicant for resubmission.

(e) Applications for electric vehicle charging stations shall be administratively reviewed and acted upon by the Building Division as nondiscretionary permits within a reasonable time following receipt of a complete application that meets the requirements of the Building Division's approved checklist, standard plans, and payment of all required permit plan check, processing and inspection fees. The Building Division's review shall be limited to whether the proposed electric vehicle charging station meets all health and safety requirements and that it will not have a specific, adverse impact upon the public health and safety.

(f) The Building Division may require changes to submitted applications to avoid adverse public health and safety impacts or may deny an application for electric vehicle charging stations based on substantial evidence, that the proposed electric vehicle charging station could 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. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or alteration imposed or found acceptable by the Building Division. Any condition imposed by the Building Division shall be designed to mitigate the specific, adverse impact upon the public health and safety. Findings for denial shall be provided that include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. Such decisions may be appealed to the Tustin Planning Commission.

(g) Approval of an application to install electric vehicle charging stations shall be accomplished through the issuance of a building permit or similar nondiscretionary permit.

(h) Approval of an application for an electric vehicle charging station shall not be based or conditioned on the approval of an association, as defined in Section 4080 of the Civil Code.

(Ord. No. 1476, Sec. 2, 8-1-17)