A. Review of an Electric Vehicle Charging Station or Hydrogen Fueling Station Permit application is limited to whether the application meets local, state, and federal health and safety requirements. If the application meets the requirements of the approved checklist and standards, and the proposed Electric Vehicle Charging Station and/or Hydrogen Fueling Station does not pose any specific, adverse impact upon public health or safety, the Building Official must approve the application.
B. If the Building Official determines, based on the application, that the proposed Electric Vehicle Charging Station and/or Hydrogen Fueling Station could have a specific, adverse impact upon the public health and safety, the Building Official may require an “Electric Vehicle Charging Station Use Permit” or a “Hydrogen Fueling Station Use Permit.” The permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
C. The Building Official must notify an applicant whether the application has been approved, or, alternatively, whether the applicant must obtain an “Electric Vehicle Charging Station Use Permit” or a “Hydrogen Fueling Station Use Permit”, within 30 days after the submission of a complete application. Notwithstanding the expedited permit processing set forth in this Chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.
D. An application for an “Electric Vehicle Charging Station Use Permit” or a “Hydrogen Fueling Station Use Permit” can only be denied if the Building Official finds that (1) the proposed installation would have a specific, adverse impact upon public health or safety, and (2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact. These findings must be presented in writing, must include the basis for the rejection of the potential feasible alternative for preventing the adverse impact, and must be based upon substantial evidence in the record.
E. An application is considered approved if, within 20 business days for up to 25 stations and 40 business days for more than 25 stations after being deemed complete, the following actions have not occurred: the City has not given its approval; the building official has not identified any potential public health or safety risks or requested a use permit; the permit has not been denied, and; no appeal has been filed with the City's planning commission.
F. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact may include, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on a prior successful application for an “Electric Vehicle Charging Station Use Permit” or a “Hydrogen Fueling Station Use Permit”, where the proposed Charging Station is similarly situated to the Charging Station in that prior successful application.
G. Any decision by the Building Official or his/her designee made pursuant to this Chapter may be appealed to the Planning Commission in accordance with the procedure set forth in Title 15 of the Fullerton Municipal Code.
(Ord.3332 § 2 (part), 2024)