Big Bear Lake Municipal Code Ch. 15.44 Electric Vehicle Charging Stations

"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 and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.

"Electronic submittal" means the utilization of one or more of either electronic mail, the internet, or facsimile.

"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" 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. No. 2022-509, § 1, 11-7-2022)

The purpose 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 and safety and preventing specific adverse impacts in the installation and use of such charging stations. Section 65850.7 of the California Government Code provides that every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for electric vehicle charging stations.

(Ord. No. 2022-509, § 1, 11-7-2022)

This chapter applies to the permitting of all electric vehicle charging systems in the city. Electric vehicle charging systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging system in such a way as to require new permitting.

(Ord. No. 2022-509, § 1, 11-7-2022)

A. 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.

B. The city shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the California Civil Code.

C. All documents required for submission of an electric vehicle charging system application shall be made publicly available on the city's website.

D. The city shall adopt a checklist of all requirements with which electric vehicle charging systems shall comply to be eligible for expedited review. The city may refer to the recommendations 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, when adopting the electric vehicle charging station permit process and checklist. A permit application that satisfies the information requirements in the checklist, as adopted by the city, shall be deemed complete.

E. The city shall allow the electronic submittal of the electric vehicle charging station application.

(Ord. No. 2022-509, § 1, 11-7-2022)

A. Review of the permit application shall be limited to the building and safety division review of whether the application meets local, state and federal health and safety requirements. The application shall be administratively reviewed by the building and safety division as a nondiscretionary permit.

B. The city shall not condition approval of an application on the approval of an association, as that term is defined by Civil Code Section 4080.

C. An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance, when the building and safety division determines that the application satisfies all the requirements found in the checklist.

D. If an application is deemed incomplete, a written plan check correction notice will be made available to the applicant detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be given to the applicant for resubmission.

E. The building official, in consultation with the director of planning and inspections, may require an applicant to apply for a conditional use permit if the building official finds, 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's decision to require a conditional use permit may be appealed by the applicant to the planning commission pursuant to Chapter 1.06 of this Code.

F. If a conditional use permit is required, the application for the conditional use permit may be denied if the planning commission makes 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. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the specific, adverse impact. Such decisions may be appealed to the city council pursuant to Chapter 1.06 of this Code.

(Ord. No. 2022-509, § 1, 11-7-2022)