Chapter 12.24
PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
Sections:
12.24.040 Electric vehicle charging stations requirements.
12.24.050 Submittal requirements.
12.24.060 Plan review, permit, and inspection requirements.
12.24.010 Purpose.
The purpose of this chapter is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with AB 1236 (Chapter 598, Statutes 2015, Cal. Government Code Section 65850.7) to achieve timely and cost-effective installations of electric vehicle charging stations. This chapter encourages the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the city of Menlo Park, and expanding the ability of property owners to install electric vehicle charging stations. This chapter allows the city of Menlo Park to achieve these goals while protecting the public health and safety. (Ord. 1051 § 2 (part), 2018).
12.24.020 Definitions.
(a) "Electric vehicle charging station(s)" or "charging station(s)" means any level of electric vehicle supply equipment station that is designed and built in compliance with California Code of Regulations, Title 24, Part 3, California Electrical Code Article 625, as it reads on the effective date of this chapter or as it may be amended, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(b) "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. 1051 § 2 (part), 2018).
12.24.030 Applicability.
This chapter applies to the permitting of all electric vehicle charging stations in the city of Menlo Park. 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 shall not require a permit. (Ord. 1051 § 2 (part), 2018).
12.24.040 Electric vehicle charging stations requirements.
All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city.
Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, 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. 1051 § 2 (part), 2018).
12.24.050 Submittal requirements.
All documents required for the submission of an electric vehicle charging stations application shall be made available on the city’s website.
Electronic submittal of the required permit application and documents by facsimile shall be made available to all electric vehicle charging station permit applicants. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
The city’s building division shall adopt a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review. The electric vehicle charging station permit process, standard(s) and checklist(s) may substantially conform to recommendations for permitting, including the checklist and standards contained in the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Office of Planning and Research.
All fees prescribed for the permitting of electric vehicle charging stations must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951 as set forth in the fee schedule adopted by resolution of the city council of the city of Menlo Park.
The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used shall be the total value of all construction work for which the permit is issued as well as any other equipment. (Ord. 1051 § 2 (part), 2018).
12.24.060 Plan review, permit, and inspection requirements.
The building official shall implement an administrative review process to expedite approval of electric vehicle charging stations. No permit or approval shall be issued which does not conform to all applicable provisions of this title and Title 16, including design review. The determination of conformance shall be made by the community development director or designee. Where the application meets the requirements of the approved checklist and standards and there are no specific, adverse impacts upon public health or safety, the building and safety division shall complete the building permit approval process, which is non-discretionary. Review of the application for electric vehicle charging stations shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.
The community development director or designee may require an applicant to apply for an "electric vehicle charging station use permit" if the community development director or designee, based on the initial application submittal, finds that the electric vehicle charging stations could have a specific, adverse impact upon the public health and safety. The community development director’s or designee’s decision may be appealed to the city of Menlo Park planning commission.
If an electric vehicle charging station use permit is required, the community development director or designee may only deny an application for the electric vehicle charging station use permit if the official makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. The community development director or designee decision may be appealed to the city of Menlo Park planning commission.
If the use permit is issued for an electric vehicle charging station, the permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
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 permit.
If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. (Ord. 1051 § 2 (part), 2018).