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Murrieta Overview
Murrieta, CA Municipal Code
Murrieta, California Municipal Code
Preface
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 (RESERVED)
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 (RESERVED)
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 (Reserved)
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 (RESERVED)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 DEVELOPMENT CODE
STATUTORY REFERENCES FOR CALIFORNIA CITIES
PRIOR CODE CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
Chapter 15.63
ELECTRIC VEHICLE CHARGING STATIONS
Sections:
   15.63.010   Intent.
   15.63.020   Definitions.
   15.63.030   Administration.
   15.63.040   Applicability.
   15.63.050   Application Procedures.
   15.63.060   Electrical Vehicle Charging Requirements.
   15.63.070   Penalties.
   15.63.080   Appeals.
15.63.010   Intent.
   The intent 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, safety, and welfare and preventing specific adverse impacts in the installation and use of such charging stations. This chapter is also purposed to comply with California Government Code Section 65850.7. (Ord. 554-19 § 2, 2019)
15.63.020   Definitions.
   As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise. If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.
   A.   "Application Checklist" means that checklist with the application requirements of the city for charging stations which is in substantial conformance with that checklist 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" published by the Governor's Office of Planning and Research. The city's adopted checklist shall be published on the city's website and updated as required.
   B.   "Building Official" means the Building Official of the City of Murrieta or the person designated by the Building Official as the person responsible for administering the provisions of this chapter.
   C.   "Charging Station Permit" means a permit for an electric vehicle charging station issued administratively by the Building Official.
   D.   "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.
   E.   "Electronic submittal" means the utilization of one or more of the following:
      1.   Electronic mail or email.
      2.   The internet.
      3.   Facsimile.
   F.   "A 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 a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
   G.   "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. 554-19 § 2, 2019)
15.63.030   Administration.
   The Building Official is authorized to administer the provisions of this chapter. The Building Official shall have approval authority for applications to install, alter and replace electric vehicle charging stations through the issuance of a building permit and/or similar nondiscretionary permit. (Ord. 554-19 § 2, 2019)
15.63.040   Applicability.
   A.   This chapter applies to the permitting of all electric vehicle charging stations in the city.
   B.   All electric vehicle charging stations shall require a permit issued in accordance with Section 15.05.040 (Applicability) of this chapter. It shall be unlawful for any person to install, operate, or maintain an electric vehicle charging station without such a permit for such work, and the permit shall be secured from the Building Official by the owner or the owner's agent. Notwithstanding the foregoing, any electric vehicle charging station established or permitted prior to the effective date of this chapter shall not require a permit issued under Section 15.63.040 (Applicability) of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of the electric vehicle charging station. Routine operation and maintenance or like-kind replacements of the components of an electric vehicle charging station shall not be considered a material change.
   C.   Any electric vehicle charging station system erected, constructed, installed, altered, replaced or to which additions are made shall comply with all of the provisions of all applicable health and safety standards and requirements of local, state and federal law, including but not limited to, the Murrieta Municipal Code. Electric vehicle charging stations shall also meet all applicable safety and performance standards established by Section 15.40.010 (Electrical Code adopted) of the Murrieta Municipal Code, the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories.
   D.   Any permit approvals and connections shall also be governed by the electric rates, rules and regulations of the Public Utilities Commission. (Ord. 554-19 § 2, 2019)
15.63.050   Application Procedures.
   A.   Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to 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; existing vehicle parking and circulation; pedestrian accessibility; and other applicable state, regional, and local standards shall apply.
   B.   Verify to the Building Official'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. Consistent with Government Code Section 65850.7, a permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. At the time of ordinance adoption, acceptance and processing of electronic applications, related documentation, and signatures is not available due to the current permitting software platform. Once these capabilities are available, the city will accept and process such applications, related documentation, and signatures electronically and update related processing protocols.
   C.   It shall be the applicant's obligation, to verify to the Building Official'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.   The Building Official determines an application for an electric vehicle charging station satisfies the information requirements of this chapter, the Building Official will deem the application complete pursuant to the requirements of Title 15. If the Building Official receives an incomplete application, the Building Official will issue a written correction notice detailing all deficiencies in the application and any additional required information. After the Building Official determines an application for a charging station is complete, the Building Official will process the application for permit review in accordance with this chapter.
   E.   The Building Official will review a completed application and determine whether to issue a charging station permit pursuant to the requirements of Title 15 (Buildings and Construction). The Building Official will issue the charging station permit; provided, the Building Official determines proposed installation meets all of the requirements set forth within this chapter and will not have a specific, Adverse Impact upon the public's health, safety, and welfare.
   F.   If the Building Official determines, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety, the Building Official shall make written findings to support this determination and may require the applicant to apply for a minor conditional use permit pursuant to the provisions of Chapter 16.52 (Conditional Use Permits) of the Murrieta Municipal Code. The decision of the Building Official on an application for a charging station becomes final unless the decision is appealed to the approval authority pursuant to the provisions of Section 15.63.050.G (Application Procedures) of this chapter.
   G.   If a Building Official requires a minor conditional use permit (MCUP (with applicable fees)), the approval authority shall approve an application for a MCUP to install an electric vehicle charging station; provided the approval authority is able to make the findings set forth in Section 16.52.040 (Findings and Decision) of the Murrieta Municipal Code and the approval authority determines there are feasible methods to satisfactorily mitigate or avoid specific, adverse impact upon public health and safety. A feasible method to satisfactorily mitigate or avoid the Specific, Adverse Impact includes, but is not limited to, a cost effective method, condition, or mitigation measure imposed by the city on another similarly situated application in a prior approved permit. The approval authority may impose such conditions upon the issuance of a MCUP that are designed to mitigate the Specific, Adverse Impact upon the public health and safety at the lowest cost possible. If the approval authority determines there are not feasible methods to satisfactorily mitigate or avoid specific, adverse impact upon public health and safety, the approval body may deny the application for a minor conditional use permit; provided, it makes written findings to support such determination. The findings shall also include the basis for the rejection of potential feasible alternatives of preventing the specific, adverse impact. (Ord. 554-19 § 2, 2019)
15.63.060    Electrical Vehicle Charging Requirements.
   A.   Electrical vehicle charging stations and any associated equipment shall meet all applicable requirements as specified within this chapter.
   B.   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.
   C.   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 applicable provisions of the California Electrical Code.
   D.   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.
   E.   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.
   F.   Applicable conditions of approval, design standards, or other requirements as specified within the Murrieta Municipal Code to protect the public's health, safety, and welfare shall apply with respect to the installation of electric vehicle charging stations. This shall be implemented in a manner at the lowest cost possible consistent with the provisions of said criteria consistent with Government Code Section 65850.7. (Ord. 554-19 § 2, 2019)
15.63.070   Penalties.
   It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter which may be punished in compliance with the provisions of the Chapter 15.04.110 (Interpretation, Legal Procedures and Penalties) of the Murrieta Municipal Code. (Ord. 554-19 § 2, 2019)
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