SEC. 3103. WAIVER.

   (a)   The Director may grant a full or partial waiver from compliance with Section 3102. A partial waiver shall authorize a reduction in the number of parking spaces providing Level 2 Charging Stations as required by subsection (a) of Section 3102 or the number of Fast Charging Stations required by subsection (b) of Section 3102, without eliminating the requirements altogether.

   (b)   The Director shall develop rules for fair evaluation of requests for waiver under this Section 3103. Any rule adopted under this authority shall be subject to disapproval of the Board of Supervisors by ordinance. The Director shall provide written notice to the Clerk of the Board of Supervisors of the adoption of any rule under this subsection (b), along with a copy of said rule. If a Member of the Board of Supervisors does not introduce an ordinance to disapprove the rule or regulation within 60 days of the date of delivery of such notice to the Clerk of the Board of Supervisors, or if such an ordinance is introduced within the 60-day period but the ordinance is not enacted by the Board of Supervisors within 90 days of the date of the Director’s delivery of notice to the Clerk of the Board of Supervisors, the rule shall go into effect.

   (c)   In considering a request for a full or partial waiver, the Director may consider:

      (1)   whether the existing local utility infrastructure is unable to supply sufficient electrical capacity to meet the requirements of this Chapter 31;

      (2)   whether due to site conditions it is technically infeasible to install the infrastructure to comply with the requirements of this Chapter; or

      (3)   whether the Commercial Parking Lot or Garage demonstrates it made good faith efforts to enter into an agreement with at least two companies that install, maintain, and operate Electric Vehicle Charging Stations to install the infrastructure to comply with the requirements of this Chapter at minimal or no cost to the Commercial Parking Lot or Garage, but such companies declined because such an agreement was not financially viable.

   (d)   Expiration of Waiver.

      (1)   The Director may determine that a waiver under Sections 3103(c)(1) or 3103(c)(2) shall expire after a period of up to five years from the date of the waiver.

      (2)   A waiver under Section 3103(c)(3) shall expire two years after the date the Director grants the waiver.

      (3)   Upon expiration of a waiver, the Commercial Parking Lot or Garage shall comply with Section 3102 or submit an application for waiver under Section 3103.

(Added by Ord. 244-19, File No. 190793, App. 11/1/2019, Eff. 12/2/2019, Oper. 12/2/2019)