Simi Valley Municipal Code Ch. 25 Electric Vehicle Charging Stations Expedited Review Process

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 in accordance with California Government Code Section 65850.7.

(§ 2(Exh. A), Ord. No. 1312, effective October 15, 2020)

(a) "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 the City on another similarly situated application in a prior successful application for a similar permit.

(b) "Electronic submittal" means the utilization of one or more of the following: Email, the Internet or Facsimile.

(c) "Electric vehicle charging station" or EVCS, 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 electric vehicle.

(d) "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.

(§ 2(Exh. A), Ord. No. 1312, effective October 15, 2020)

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

(§ 2(Exh. A), Ord. No. 1312, effective October 15, 2020)

(a) All electric vehicle charging stations shall meet all applicable health and safety standards and requirements, including but not limited to those imposed by the California Building Code, the electric utility purveyor, the Simi Valley Municipal Code and Federal laws including the Americans with Disabilities Act.

(b) Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electric Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and the accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(§ 2(Exh. A), Ord. No. 1312, effective October 15, 2020)

(a) All documents required for submission of an electric vehicle charging station application shall be made available on the City's website.

(b) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(c) The Building and Safety Division shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

(d) The Building and Safety Division 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. The checklist will be made available on the City's website.

(§ 2(Exh. A), Ord. No. 1312, effective October 15, 2020)

(a) The Building Official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Review of a complete permit application shall be limited to the Building Official's review of whether it meets all health and safety requirements of local, state and federal law. Local law requirements shall be limited to those standards and regulations necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installation.

(b) A permit application that satisfies the information requirements in the checklist, as adopted by the Building and Safety Division, shall be deemed complete.

(c) A complete permit application and proposed installation that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall be not be denied.

(d) An applicant that provides an incomplete permit application shall be provided with one complete written correction notice detailing all deficiencies in the application and any information required to be eligible for expedited permit issuance.

(e) The Building Official may require an applicant to apply for a use permit if the Building Official makes a written finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety and conditions are necessary. The decision of the Building Official to deny a use permit application may be appealed to the City Planning Commission, per Section 9-76.030.D. The appeal shall be filed in writing within ten (10) days from the date the decision was made. The Planning Commission's review shall be subject to the same limitations as that of the Building Official, and only health and safety issues may be considered.

(f) An application for a use permit may not be denied, unless 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. The written findings shall include the basis for the rejection of potential feasible alternatives or conditions for preventing the adverse impact.

(g) Any conditions imposed on an application shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.

(h) Government Code Section 65850.7 requires that the Building Official shall not condition the approval for any use permit on the approval of EVCS by an "association", as that term is defined by Civil Code 4080.

The expedited time line for EVCS application review and permit approval shall be seven (7) business days.

(§ 2(Exh. A), Ord. No. 1312, effective October 15, 2020)

A permit application for a level 1 or level 2 EVCS installation in a single family dwelling garage where such dwelling is within the Title and Scope of the California Residential Code for One- and Two- Family Dwellings (Title 24, Part 2.5), need not use the adopted checklist as set forth in Section 8-25.05 or submit a permit application subject to completeness and review as set forth in Section 8-25.06, but alternatively may submit a completed EVCS electrical permit application eligible for in-person over-the-counter issuance or electronic submittal issuance, upon receipt by the Building and Safety Division permit processing system.

(§ 2(Exh. A), Ord. No. 1312, effective October 15, 2020)