§ 16.04.100. Electric vehicle charging stations.
(a)
APPLICABILITY. This chapter applies to the permitting of all electric vehicle charging stations, as defined herein, in the city.
(b)
DEFINITIONS. The following words and phrases as used in this section are defined as follows:
(1)
"Electronic submittal" means the utilization of one or more of the following: e-mail and/or facsimile.
(2)
"Electric vehicle charging stations" means an electric vehicle supply equipment station, of any level, that delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle and is designed and built in compliance with 24 California Code of Regulations sections 625.1, et seq., as it reads on the effective date of this chapter, or as it may be amended.
(c)
ELECTRIC VEHICLE CHARGING STATION REQUIREMENTS.
(1)
All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state of California and of the Los Angeles County Fire Department.
(2)
Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(d)
DUTIES OF THE BUILDING DIVISION AND BUILDING OFFICIAL.
(1)
On or before September 30, 2017, the building official shall implement an ordinance that creates an expedited, streamlined permitting process for electric vehicle charging stations.
(2)
All documents required for the submission of an expedited electric vehicle charging station(s) shall be made available to the public on the city of Duarte website.
(3)
An applicant's electronic signature shall be accepted on all forms, applications and other documents, in-lieu of a wet signature. However, because the city's ability to accept electronic signatures on forms, applications and other permit documents is still under development, the city can only accept electronic signatures that are sent via e-mail or fax.
(4)
A checklist shall be prepared by the building official of all requirements with which an electric vehicle charging station shall comply to be eligible for expedited review.
(5)
The electric vehicle charging station permit process and checklist shall substantially conform to recommendations for expedited permitting, including the checklist, contained in the most current version of the Plug-in Electric Vehicle Infrastructure Permitting Checklist and the Zero-Emissions Vehicles in California: Community Readiness Guidebook published by the Governor's Office of Planning and Research.
(6)
The fees prescribed for the permitting of electric vehicle charging stations shall be established by resolution of the city council and shall comply with State Health and Safety Code Section 17951.
(e)
PERMIT REVIEW AND INSPECTION REQUIREMENTS.
(1)
The applicant may submit the permit application and associated documentation to the city's building division by person, mail, or electronic submittal together with any required permit process and inspection fees.
(2)
The city of Duarte Building Division shall implement an administrative, non-discretionary review process to expedite approval of electric vehicle charging stations. The building division shall issue a permit(s) after receipt of a complete application that meets the requirements of the checklist and the payment of applicable permit fees, either through mail, phone or in-person. The city cannot currently process electronic (online) payments. Upon receipt of an incomplete application, the building division shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(3)
Prior to submitting an application, the applicant shall, at his or her cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system is adequately sized, based on the existing electrical system's current use, to carry electrical loads associated with an electric vehicle charging station and is in compliance with the development standards for electric vehicle charging stations identified in the Duarte Development Code, section DDC 19.38.190(c).
(4)
The building official may require an applicant to apply for a conditional use permit if the official finds, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the planning commission. If a conditional use permit is required, the building official may deny an application for the conditional use permit if the official makes written findings based upon substantive 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, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the planning commission.
(5)
Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(6)
"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. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
(Ord. No. 875 , § 1, 9-26-2017)