Temecula Municipal Code Ch. 15.24 Streamlined Expedited Review of Electric Vehicle Charging Stations And…

The purpose of this chapter is to create an expedited, streamlined permitting process for electric vehicle charging stations and hydrogen-fueling stations that complies with Government Code Sections 65850.7 and 65850.71 and is timely and cost-effective installations of electric vehicle charging stations.

(Ord. 17-08 § 2; Ord. 17-09 § 1; Ord. 2024-06, 10/8/2024)

A. This section applies to applications for expedited building permits for electric vehicle charging stations and hydrogen-fueling stations consistent with California Government Code Section 65850.7 and California Government Code Section 65850.71.

B. Electric vehicle charging stations 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 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 a new permit.

(Ord. 17-08 § 2; Ord. 17-09 § 1; Ord. 2024-06, 10/8/2024)

For the purpose of this chapter, words and terms shall be defined as set forth in this section. Where terms are not defined in this code and are defined in other codes, such terms shall have the meanings ascribed to them as in those codes. Where terms are not defined through the methods authorized by this section, such terms shall have ordinary accepted meanings such as the context implies.

"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 Electric Code, as it read on January 1, 2016, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.

"Electronic submission"

means submission of an application utilizing email, the internet, and/or facsimile transmission.

"Hydrogen-fueling station"

means the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public.

"Service station"

means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.

"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 an application was deemed complete.

(Ord. 17-08 § 2; Ord. 17-09 § 1; Ord. 2024-06, 10/8/2024)

A. The building official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations or hydrogen-fueling station. The checklist shall substantially conform to the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" found in the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research. The checklist, application form, and any other documents required by the building official shall be published on the city's website and shall allow for electronic submittal of a permit application and associated documentation.

B. Anyone seeking to install an electric vehicle charging station or hydrogen-fueling station at any site within the city shall apply to the building official for an expedited nondiscretionary building permit.

C. An expedited nondiscretionary building permit to install a hydrogen-fueling station is permitted if the station fits on a parcel either zoned for industrial or commercial development and does not contain any residential unit or was not previously developed with a service station.

D. An application for an expedited building permit for an electric vehicle charging station or hydrogen-fueling station, and all associated documentation, shall be submitted to the building official in person, by mail, or by electronic submission. Electronic signatures may be used in lieu of wet signatures.

E. An application for a hydrogen-fueling station that, in the opinion of the building official, satisfies the information requirements of the checklist adopted by the city shall be deemed complete. An application for an electric vehicle charging station shall be deemed complete if it satisfies the requirements of the checklist adopted by the city or the requirements listed in subsection J.

F. If an application for an expedited building permit for an electric vehicle charging station or hydrogen-fueling station is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application.

G. If the building official determines that an application for an expedited building permit for an electric vehicle charging station or hydrogen-fueling station is complete, the building official shall review the application. If the building official determines that the proposed charging station meets all health and safety requirements of local, state, and federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved, and a building permit shall be issued.

H. If the building official of the city finds, based on substantial evidence, that a proposed electric vehicle charging station or hydrogen-fueling station could have a specific, adverse impact on the public health or safety, the city may require the applicant to apply for an electric vehicle charging station use permit in order to install the proposed charging or fuel station.

I. An application for an electric vehicle charging station or hydrogen-fueling station use permit shall be reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence on the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for the rejection of an electric vehicle charging station or hydrogen-fueling station use permit application shall include the building official's basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact.

J. An application to install an electric vehicle charging station submitted to the building official of the city shall be deemed complete if, after the applicable time period has elapsed, all of the following are true:

1. The building official has not deemed the application complete, consistent with the checklist created by the city pursuant to Government Code Section 65850.7(g).

2. The building official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the building official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Government Code Section 65850.7.

3. "Applicable time period" for purposes of this paragraph means either of the following:

a. Five business days after submission of the application to the city, if the application is for at least one, but not more than twenty-five electric vehicle charging stations at a single site.

b. Ten business days after submission of the application to the city, if the application is for more than twenty-five electric vehicle charging stations at a single site.

K. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in subsection J has elapsed and all of the following are true:

1. The building official has not administratively approved the application pursuant to Government Code Section 65850.7(b).

2. The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to Government Code Section 65850.7(b).

3. The building official has not denied the use permit pursuant to Government Code Section 65850.7(c).

4. An appeal has not been made to the Planning Commission pursuant to Government Code Section 65850.7(d).

5. "Applicable time period" for purposes of this paragraph means either of the following:

a. Twenty business days after the application was deemed complete, if the application is for at least one, but not more than twenty-five electric vehicle charging stations at a single site.

b. Forty business days after the application was deemed complete, if the application is for more than twenty-five electric vehicle charging stations at a single site.

L. Pursuant to Government Code Section 65850.7, the building official's review shall be limited to health and safety issues. Aesthetic concerns or other items unrelated to public health or safety may not be considered.

M. A decision of the building official made pursuant to subsections F through H may be appealed to the planning commission in accordance with the procedures set forth in Section 17.03.090. The planning commission's review shall also be limited to health and safety issues.

N. Any condition imposed on an application for an expedited building permit for an electric vehicle charging station or a hydrogen-fueling station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(Ord. 17-08 § 2; Ord. 17-09 § 1; Ord. 2024-06, 10/8/2024)

The city council may establish by resolution fees that shall be charged for permits issued under this section.

(Ord. 17-08 § 2; Ord. 17-09 § 1; Ord. 2024-06, 10/8/2024)