ORDINANCE NO. 2023-140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING TITLE 11-BUILDING REGULATIONS OF THE GONZALES CITY CODE BY THE ADDITION OF NEW CHAPTER 11.56-STREAMLINED PERMITTING
PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
WHEREAS, the State of California and the City of Gonzales have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and WHEREAS, the State of California recently adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and
WHEREAS, the creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels; and WHEREAS, the Planning Commission held a noticed public hearing on August 14, 2023, to consider the proposed new Chapter 11.56 Streamlined Permitting Process for Electric Vehicle Charging Stations and found that it was consistent with the City’s General Plan. EV charging stations further the City’s goals and efforts to reduce greenhouse gas emissions, further the implementation of the City’s Climate Action Plan, and further efforts to reduce potential hazards and hazardous materials. The Planning Commission recommends, based on the whole record, that the City Council approve the proposed Code amendment adding Chapter 11.56; and WHEREAS, the City Council held a public hearing on September 5, 2023, and a noticed public hearing on September 22, 2023, to consider the proposed new Chapter 11.56 and found, based on the whole record, that Chapter 11.56 is consistent with the City’s General Plan, and WHEREAS, the proposed addition to the Gonzales City Code adds provisions that are administrative in nature, do not approve any physical development, and do not have the potential to result in individually or cumulatively significant effects on the environment, and therefore, the passage of this ordinance is exempt from California Environmental Quality Act (“CEQA”) review under the General Rule that CEQA only applies to projects with the potential to cause a significant effect on the environment - CEQA Guidelines Section 15061(b)(3).
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Gonzales as follows:
Section 1. Recitals and Findings. All of the recitals set forth above are true and correct to the best of the Council’s knowledge and by this action are made findings and incorporated herein by reference.
Section 2. Title 11- Building Regulations of the Gonzales City Code is hereby amended by the addition of new Chapter 11.56- Streamlined Permitting Process for Electric Vehicle Charging Stations as follows:
Chapter 11.56
Streamlined Permitting Process for Electric Vehicle Charging Stations Sections
11.56.010 - Purpose
11.56.020 - Definitions
11.56.030 - Expedited Permitting Process
11.56.040 - Electric Vehicle Charging Station Installation Requirements
11.56.050 - Permit Application Process
11.56.060 - Technical Review
11.56.010- PURPOSE.
The purpose of this Chapter 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 in the installation and use of such charging stations. The provisions of this Chapter have been prepared to comply with California Government Code Section 65850.7.
11.56.020- DEFINITIONS.
A. “Electric vehicle charging station” 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 Chapter and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
B. “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.
C. “Electronic submittal” means the utilization of one or more of the following:
1. Electronic mail or email.
2. The internet.
3. Any other electronic submittal process as approved by the Building Official.
D. “Building Official” means the Building Official for the City of Gonzales and/or the Building Official’s designee.
11.56.030- EXPEDITED PERMITTING PROCESS.
Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.
11.56.040- ELECTRIC VEHICLE CHARGING STATION INSTALATION REQUIREMENTS.
A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.
B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all other applicable provisions of the California Electrical Code.
C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
11.56.050- PERMIT APPLICATION PROCESS.
A. Prior to submitting an application for processing, an applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact on public health and safety and building occupants. Verification by the applicant includes but is not limited to electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
B. The Building Department shall give priority review to an application for an electric vehicle charging station that meets the requirements of the City’s checklist. A permit application that satisfies the information requirements in the City’s adopted checklist, as determined by the Building Official, shall be processed as follows:
1. 1-25 station project at a single site: An EVCS application will be deemed complete if after 5 business days the Building Official has failed to make a determination that the application is complete or has issued a written deficiency notice that either:
a. Details all changes needed to make the application consistent with the City’s EVCS permitting checklist, or
b. Identifies specific information necessary for the Building Official to conduct a limited review of whether the project meets all health and safety requirements. If the City has not yet created its checklist, the deficiency notice will be limited to the Building Official’s review of whether it meets all health and safety requirements of local, state, and federal law per AB 1236.
2. Twenty-six or more stations at a single site: The process described above is the same for applications including 26 or more EVCS at a site, except: an EVCS application will be deemed complete after 10 business days and will be deemed approved 40 business days after deemed complete.
C. When an applicant uses electronic submittal, the electronic signature of the applicant on all forms, applications, and other documentation may be used in lieu of a wet signature.
D. Upon confirmation by the Building Official that the permit application and supporting documents are complete and meet the requirements of the City’s adopted checklist, and that the permit is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits and authorizations. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. The applicant is responsible for obtaining such approval or permission from a local utility provider.
E. An inspection of the station(s) shall be required and performed by the Building Department. Once an applicant informs the Building Department that the electric vehicle charging station has been installed, the required inspection shall be completed as soon as practical. If the charging station fails the inspection, a subsequent inspection shall be required and conducted as soon as practical after any deficiency has been corrected.
11.46.060- TECHNICAL REVIEW.
A. It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles permitting charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official 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, as defined in this Chapter, the City may require the applicant to apply for a use permit.
B. In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
11.56.070- RIGHT OF APPEAL.
Any person having any record or legal interest in the charging station may appeal from any action or decision of the Building Official under this Chapter by filing an appeal to the Planning Commission in accordance with the procedures set forth in Gonzales City Code Section 12.40 as amended.
Section 3. Severability. Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.
Section 4. CEQA. Approval of the code amendment herein is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments regarding building and related codes, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 36933.
This Ordinance was introduced and first read by the City Council of the City of Gonzales at a regular meeting on the 5
th of September 2023 and PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular meeting on _______________________ by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk
CITY OF GONZALES
RESIDENTIAL AND NON-RESIDENTIAL
CHECKLIST FOR PERMITTING ELECTRIC VEHICLES
AND ELECTRIC VEHICLE SERVICE EQUIPMENT (EVSE)
Job Address: Permit No.
☐ Single-Family ☐ Multi-Family (Apartment) ☐ Multi-Family (Condominium) ☐ Commercial (Single Business) ☐ Commercial (MultiBusinesses) ☐ Mixed-Use ☐ Public Right-of-Way
Location and Number of EVSE to be Installed:
Garage ______ Parking Level(s) _____ Parking Lot _____ Street Curb _____
Description of Work:
Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment (EVSE) as a supplement to the application for a building permit. This checklist contains the technical aspects of EVSE installations and is intended to help expedite permitting and use for electric vehicle charging.
Upon this checklist being deemed complete, a permit shall be issued to the applicant.
However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional verification will be required before a permit can be issued.
This checklist substantially follows the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist.
EXHIBIT A
Applicant Name:
Applicant Phone & email:
Contractor Name: License Number & Type:
Contractor Phone & email:
Owner Name:
Owner Phone & email:
EVSE Charging Level: ☐ Level 1 (120V) ☐ Level 2 (240V) ☐ Level 3 (480V)
Maximum Rating (Nameplate) of EV Service Equipment = ___________ kW Voltage EVSE = ______ V Manufacturer of EVSE:
___________________________
Mounting of EVSE: ☐ Wall Mount ☐ Pole Pedestal Mount ☐ Other _____________
System Voltage:
☐ 120/240V, 1ϕ, 3W ☐ 120/208V, 3ϕ, 4W ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W ☐ Other ________________
Rating of Existing Main Electrical Service Equipment = __________ Amperes Rating of Panel Supplying EVSE (if not directly from Main Service) = ________ Amps
Rating of Circuit for EVSE: __________ Amps / __________ Poles AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A) = __________ A.I.C.
(or verify with Inspector in field)
EXHIBIT A
Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:
• Connected Load of Existing Panel Supplying EVSE = __________ Amps • Calculated Load of Existing Panel Supplying EVSE = __________ Amps • Demand Load of Existing Panel or Service Supplying EVSE = _________ Amps
(Provide Demand Load Reading from Electric Utility)
Total Load (Existing plus EVSE Load) = __________ Amps
For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single-Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” https://www.opr.ca.gov
EVSE Rating __________ Amps x 1.25 = __________ Amps = Minimum Ampacity of EVSE Conductor = # __________ AWG
For Single-Family: Size of Existing Service Conductors = # __________ AWG or kcmil
- or - : Size of Existing Feeder Conductor
Supplying EVSE Panel = # __________ AWG or
kcmil
(or Verify with Inspector in the field)
I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life-safety verifications may require further substantiation of information.
Signature of Permit Applicant: ____________________ Date: _______________
EXHIBIT A