Chapter 15.43 — ELECTRIC VEHICLE CHARGING STATIONS

The purpose of this chapter is to comply with Assembly Bill 1236 (Chapter 598, Statutes 2015, California Government Code Section 65850.7) while protecting public health and safety. (Ord. 17-464 § 1)

All terminology used in this chapter shall be defined as follows, unless the context clearly indicates a contrary intent:

"Director" means the Planning and Building Director or designee.

"Electric vehicle charging station(s)" or "charging station(s)" 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 the ordinance codified in this chapter or as it may be amended and/or renumbered thereafter, 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;

• The Internet; and/or

3. Facsimile.

"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. 17-464 § 1)

• A. All Charging Stations. This chapter applies to the permitting of all electric vehicle charging stations in the Town.

• B. Permit Required. All electric vehicle charging stations shall require a permit issued in accordance with this chapter. It shall be unlawful for any person to install, operate, or maintain an electric vehicle charging station without such a permit.

• C. Exceptions. Electric vehicle charging stations legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, capacity, or components of a charging station. Routine operation and maintenance or likekind replacements shall not require a permit.

• (Ord. 17-464 § 1)

• A. Standards and Requirements. All electric vehicle charging stations shall meet applicable

Federal, State, and Town health and safety standards and requirements.

• B. Safety and Performance Standards. All electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, 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.

• (Ord. 17-464 § 1)

• A. Checklist. The Director shall adopt a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review.

• B. Application. Every application to the Director for the installation, alteration and replacement of an electric vehicle charging station shall be in the form provided by the Director, in writing, and contain the information set forth in the checklist and such other information as the Director may reasonably require to carry out the purpose of this chapter. The permit application, checklist, and required permitting documentation shall be available on the Town's website.

• C. Application Submission. The applicant may submit the permit application and associated documentation by personal, mailed, or electronic submittal. The Director shall adopt requirements for the submittal of the permit application, associated application documentation, and fees. Personal, mailed, or electronic submittal of the permit application, associated application documentation, and fees shall conform to the requirements adopted by the Director. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. In connection with each permit application, an applicant shall:

  1. Verify to the Director's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the electric vehicle charging station is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the ground; and

  2. At the applicant's cost, verify to the Director's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new electrical loads.

• D. Initial Determination. If the Director determines an application for an electric vehicle charging station satisfies the requirements of this chapter, the Director will deem the application complete. If the Director receives an incomplete application, the Director will issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. After the Director determines an application for an electric vehicle charging station is complete, the application will be processed in accordance with this chapter.

• E. Considered Incomplete. An application for an electric vehicle charging station that is not accompanied by the applicable fees shall be considered incomplete.

• (Ord. 17-464 § 1)

• A. Review Process. The Director shall adopt an administrative, nondiscretionary review process to expedite approval of permit applications for electric vehicle charging stations.

• B. Permit Approval. Where an application meets Town, State, and Federal health and safety requirements, the requirements of the checklist, and there are no specific, adverse impacts upon public health or safety, the Building Official shall complete the nondiscretionary permit approval process.

• C. Use Permit. The Building Official may require an applicant to apply for an electric vehicle charging station use permit if the Building Official finds, based on the initial application submittal, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety. Notwithstanding any other provision of this code to the contrary, the Building Official's decision may be appealed to the Town Council in accordance with Chapter 17.164.

• D. Denial of Use Permit. If an electric vehicle charging station use permit is required, the Building Official may only deny an application for the electric vehicle charging station use permit if the Building Official makes written findings based upon substantial 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 the adverse impact. The findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Notwithstanding any other provision of this code to the contrary, the Building Official's decision may be appealed to the Town Council in accordance with Chapter 17.164.

• E. Permit Conditions. If the Building Official issues an electric vehicle charging station use permit, the permit may include conditions 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 costeffective method, condition, or mitigation imposed by the Town on another similarly situated application in a prior successful application for a permit.

• (Ord. 17-464 § 1)

The Town Council shall establish by resolution the fees charged for applications and permits under this chapter.

(Ord. 17-464 § 1)