Stockton Municipal Code Chapter 15.90 implements an expedited, ministerial permitting process for electric vehicle charging stations consistent with Cal. Gov. Code §65850.7, and California Civil Code §4745 overrides HOA/landlord restrictions on EV charger installation.
SMC Chapter 15.90 (Electric Vehicle Charging Stations) directs the Building Official to implement an expedited, streamlined permitting process for EV charging stations and to adopt a checklist of requirements eligible for expedited review, consistent with Government Code §65850.7. A permit application that satisfies the checklist is deemed complete and promptly processed; the Building Official must approve and issue all necessary permits once the application meets the checklist and applicable health-and-safety standards. The Building Official may not condition permit approval on HOA approval (Civil Code §4080). At the state level, Civil Code §4745 voids any HOA or common-interest-development restriction that effectively prohibits or unreasonably restricts EV charger installation in an owner's unit, exclusive-use common-area parking space, or designated parking space; reasonable safety/cost-allocation conditions are allowed and prevailing homeowners recover attorney's fees. Civil Code §1947.6 extends parallel right-to-charge protections to tenants. Stockton's Development Code (SMC Chapter 16.64) follows California Green Building Standards (Title 24 Part 11, CALGreen) for required EV-capable and EV-ready parking spaces in new construction.
Refusal or unreasonable delay by an HOA in permitting an EV charger exposes the association to a civil suit under Civil Code §4745, including attorney's fees for a prevailing homeowner. Failure of an installer to comply with the SMC 15.90 checklist results in permit denial until corrections are made; unpermitted installations are subject to stop-work orders and standard SMC Title 15 building-code penalties.
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