Cathedral City Municipal Code Ch. 8.64 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. 875, 1/10/2024)

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.

(Ord. 875, 1/10/2024)

This chapter applies to the permitting of all electric vehicle charging systems in the city. Electric vehicle charging stations 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 if an electric vehicle charging system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. 875, 1/10/2024)

A. All electric vehicle charging stations 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.

B. 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.

C. 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.

(Ord. 875, 1/10/2024)

A. Review of the permit application shall be limited to the chief building official's review of whether the application meets local, state and federal health and safety requirements. The application shall be administratively reviewed by the chief building official 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 chief building official 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 available to the applicant within ten business days, 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 chief building official, in consultation with the director of development services, may require an applicant to apply for a conditional use permit if the chief 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 chief building official's decision to require a conditional use permit may be appealed by the applicant to the planning commission pursuant to Section 8.64.060 of this chapter.

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 Section 8.64.060 of this code.

(Ord. 875, 1/10/2024)

A. Any person aggrieved or affected by the final determination of the building official concerning the application of a conditional use permit requirement may appeal the decision within ten calendar days from the decision by filing the city's appeal application with the planning department and paying the established fee set forth by the city council.

B. The planning department shall schedule a public hearing subject to the requirements of Section 9.72.070 of this code.

C. The planning department shall transmit to the planning commission or city council a written report, copies of the application for an electric vehicle charging station and copies of all other papers constituting the record upon which the decision was taken, stating the factual and legal basis on which the building official found and determined that the application met or failed to meet the criteria and requirements provided in this chapter.

D. The planning commission and/or city council may affirm, reverse or modify, in whole or in part any final determination, condition or requirement of the building official which is appealed.

E. On the date a notice of appeal is filed under this chapter, all proceedings in furtherance of the determination, condition or requirement appealed from shall be stayed until the final determination of the city council.

(Ord. 875, 1/10/2024)