Irvine Municipal Code Ch. 7 Expedited Permitting Process for Electric Vehicle Charging Stations

This chapter shall be known as the "City of Irvine Expedited Permitting Process for Electric Vehicle Charging Stations Ordinance", may be cited as such, and will be referred to herein as "this chapter." 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 electric vehicle charging stations.

(Ord. No. 22-14, § 2, 11-22-22)

The definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. Words or phrases used in this chapter that are not specifically defined in this section shall be interpreted by the Building Official to give them the meaning that results in the most reasonable application of this chapter.

Application checklist: The checklist found on the City's website containing the information which an EVCS application must contain to be considered complete and eligible for expedited, streamlined approval pursuant to this chapter.

Building Official: The City of Irvine Chief Building Official or his or her designee.

City: The City of Irvine.

Electric vehicle charging station (EVCS) or charging station: The meaning set forth in California Government Code section 65850.7, as may be amended from time to time.

Electronic submittal: The utilization of the City's web-based application and document submittal platform.

EVCS application: An application for a building permit or similar non-discretionary permit to install, replace, or otherwise alter an EVCS.

Specific, adverse impact: The meaning set forth in California Government Code section 65850.7, as may be amended from time to time.

(Ord. No. 22-14, § 2, 11-22-22)

This chapter applies to the permitting of all EVCS in the City. EVCS legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical alterations are undertaken that materially affect the size, type, location, or components of an EVCS in such a way as to require a new building permit or similar non-discretionary permit. Routine maintenance and repair, including like-for-like replacement of individual components of an EVCS, shall not be considered a material alteration requiring a new building permit or similar non-discretionary permit.

The provisions of this chapter shall not be deemed to nullify any provisions of local, state, or federal law. EVCS installed, replaced, or otherwise altered pursuant to this chapter shall comply with all applicable federal, state, and local health and safety standards and requirements, including but not limited to Title 5, Division 9 of the Irvine Municipal Code. EVCS shall also meet all applicable safety and performance standards established by the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. No. 22-14, § 2, 11-22-22)

The Building Official is authorized to administer the provisions of this chapter. The Building Official shall have approval authority for all EVCS applications.

(Ord. No. 22-14, § 2, 11-22-22)

A. Submittal. Every EVCS application shall be submitted to the City through an electronic submittal and shall contain the information set forth in the application checklist.

B. Determination of completeness of EVCS application. Following the City's receipt of an EVCS application, the Building Official shall determine whether the EVCS application is complete.

1. An EVCS application shall be deemed complete if the Building Official determines that the EVCS application satisfies the information requirements of the application checklist.

2. If the Building Official determines that an EVCS application does not satisfy the information requirements of the application checklist, the EVCS application shall be deemed incomplete. EVCS applications deemed incomplete shall be returned to the applicant along with a written correction notice detailing all deficiencies in the EVCS application and any additional information or documentation required to be eligible for expedited, streamlined approval pursuant to this chapter.

C. Administrative review.

1. EVCS applications deemed complete shall be administratively reviewed by the Building Official. The Building Official's review shall be limited to whether EVCS applications meet all health and safety requirements of local, state, and federal law. The applicable requirements of local law shall be limited to those standards and regulations necessary to ensure that the EVCS will not have a specific, adverse impact upon the public health or safety. The Building Official's review of EVCS applications shall not be subject to approval of any associations, as defined in Section 4080 of the Civil Code.

2. Except as otherwise provided in this chapter, the Building Official shall administratively approve EVCS applications deemed complete which meet all of the following requirements:

a. The EVCS application is consistent with this chapter; and

b. The EVCS application meets all health and safety requirements of local, state, and federal law as provided in Paragraph 1. above; and

c. The Building Official does not make a finding of a specific, adverse impact upon the public health or safety, as detailed in Paragraph 3. below.

3. The Building Official shall not be required to administratively approve EVCS applications deemed complete in either of the following situations, and may instead require a conditional use permit, or deny EVCS applications as provided herein:

a. The Building Official may, in consultation with the City's Planning Manager, require a conditional use permit for an EVCS application if the Building Official makes a finding, based on substantial evidence, that the EVCS could have a specific, adverse impact upon the public health or safety. Any conditions imposed on an application to install an EVCS shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.

b. The Building Official may deny an EVCS application if the Building Official makes a finding, based on 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.

D. Electronic signatures. Electronic signatures may be used in lieu of wet signatures on all forms, applications, and other documentation required by this chapter.

(Ord. No. 22-14, § 2, 11-22-22)

A. Right to appeal: An EVCS applicant may appeal any decision of the Building Official made under Section 5-9-705 to the Planning Commission. An application for appeal shall be made in writing and shall be filed with the City's Community Development Department during normal business hours. The application must clearly identify the appellant(s) and shall specify the decision appealed from and the reasons for appeal.

B. Time for submittal: An application for appeal shall be filed within 15 calendar days of the date of the decision. The actual date of the decision shall not be counted in the 15 calendar days; rather, the day following shall be counted as day number one. Any subsequent appeal or call-up review to a higher authority must also be made within 15 days of the decision.

C. Scheduling of appeal: The Director of Community Development shall schedule a public hearing before the Planning Commission, to occur within 60 calendar days of receipt of an application for appeal; or within 90 calendar days of receipt of an application for appeal when the application for appeal is received between November 1 and February 1.

D. Planning Commission decision: The Planning Commission may affirm, reverse, or modify the previous decision.

E. Appeal of Planning Commission decision: An EVCS applicant may appeal the Planning Commission's decision to the City Council pursuant to the procedure in Chapter 2-5 of the City Zoning Code.

(Ord. No. 22-14, § 2, 11-22-22)