(A) Title and purpose.
(1) This section shall be known as "City of Menifee Electric Vehicle Charging Station Permit Expediting Ordinance," may be cited as such, and will be referred to herein as "this section." The purpose of this section 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, in accordance with the standards adopted by the city pursuant to this section and state law.
(2) It is also the purpose of this section to promote and encourage the use of electrical vehicle charging stations and to limit obstacles to their use.
(3) It is hereby declared that in any instance where the provisions of this section conflict with any applicable state law or regulation, such state law or regulation shall govern, including Cal. Gov't Code § 65850.7 as it may updated from time to time.
(B) Definitions. The following definitions shall govern the meaning of words and phrases used herein.
BUILDING OFFICIAL. Officer or other designated authority charged with the administration and enforcement of the City of Menifee codes; responsible for the implementation of this section, as may be identified from time to time, in the checklist of requirements for electrical vehicle charging stations.
CHECKLIST OF REQUIREMENTS FOR ELECTRICAL VEHICLE CHARGING STATION or CHECKLIST. The rules, regulations, guidelines, and
checklist that set forth implementing and additional requirements for electrical vehicle charging stations consistent with Cal. Gov't Code § 65850.7 as it may updated from time to time.
ELECTRIC VEHICLE CHARGING STATION OR 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 and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.
ELECTRONIC SUBMITTAL. The utilization of electronic mail and/or through the Menifee Permit Portal.
FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE 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.
(C) Development standards. In addition to the checklist of requirements for electrical vehicle charging stations, the following standards shall apply to each electrical vehicle charging station:
(1) All electrical vehicle charging stations shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Cal. Gov't Code § 65850.7 as it may updated from time to time.
(2) All electric vehicle charging systems 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 regarding safety and reliability.
(3) The Community Development Director or their designee may from time to time revise the checklist of requirements for electrical vehicle charging station systems as long as any revisions are consistent with Cal. Gov't Code § 65850.7 as it may be updated from time to time.
(4) The checklist of requirements for electrical vehicle charging station energy systems shall be made available to the public during regular business hours at the building division counter and by posting the checklist on the city's internet web site.
(D) Application requirements; signatures. The applicant may submit the permit application and associated documentation to the city's building division in person, by mail, or electronic submittal together with any required permit processing and inspection fees. For electronic submittal, the city shall accept an electronic signature on all forms, applications, and other documentation in lieu of a wet
signature by an applicant to the extent permitted by law and to the extent such electronic submittal complies with the requirements set forth in this section and the checklist of requirements for electrical vehicle charging station systems.
(E) Review. Review of the application to install an electrical vehicle charging station shall be limited to the Building Department's review of whether the application meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electrical vehicle charging station will not have a specific, adverse impact upon the public health or safety. If the Building Official makes a finding based on substantial evidence, that an electrical vehicle charging station could have a specific, adverse impact upon the public health and safety, the city may require the applicant to apply for a conditional use permit or other applicable license or permit.
(F) Approval requirements.
(1) An application that satisfies the requirements of this section and the checklist of requirements for electrical vehicle charging station systems shall be deemed complete upon confirmation by the Building Official that the application and supporting documents are complete and meet the requirements of this section and the checklist. Upon the Building Official's determination that an application is complete, the city's building division shall approve the application and issue all required permits or authorizations. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(2) For projects with one to 25 stations at a single site, applications must be reviewed for completeness within five business days and approved/denied within 20 business days. For projects with 26 or more stations at a single site, applications must be reviewed for completeness within ten business days and approved/denied within 40 business days.
(3) If the city denies an application for a use permit to install an electrical vehicle charging station, the city shall make written findings based upon substantial evidence in the record that the proposed installation would 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. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(4) The decision of the Building Official pursuant to divisions (F)(1) and (F)(3) of this section may be appealed to the Planning Commission pursuant to § 2.20.150, and, if a subsequent decision of the Planning Commission is sought, may be appealed to the City Council pursuant to Chapter 2 of this code.
(G) Inspections. For an electrical vehicle charging station system eligible for expedited review, inspections shall be required, which shall be done in a timely manner and may include a consolidated inspection. If an electrical vehicle charging station system fails inspection, a subsequent inspection is authorized.
(H) Approval by association not required. The city shall not condition approval for any electrical vehicle charging station permit on the approval of an electrical vehicle charging station by an association, as that term is defined in Cal. Civil Code § 4080.
(Ord. 2022-350, passed 9-21-2022)