Editor's Note—Ordinance 2022-1105 amended Chapter 15.60 in its entirety and enacted the chapter as set out herein; its former contents pertained to similar subject matter and were derived from Ordinance 2020-1080.
This chapter of the Yorba Linda Municipal Code shall be known as "City of Yorba Linda Electric Vehicle Charging Permit Expediting Ordinance," and may be cited as such and referred to herein as "this chapter." The purpose of this chapter is to promote 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. 2022-1105 § 2)
The definitions contained in this section shall govern the construction, meaning and application of the words and phrases used in this chapter. Words or phrases used in this chapter that are not specifically defined in this chapter shall be interpreted by the Building Official to give them the meaning that results in the most reasonable application of this chapter.
"Application checklist"
means the checklist found on the City's website containing the information which an electric vehicle charging station (EVCS) application must contain to be considered complete and eligible for expedited, streamlined approval pursuant to this chapter.
"Building Official"
means the City of Yorba Linda Chief Building Official or his or her designee.
"City"
means the City of Yorba Linda.
"Electrical vehicle charging station (EVCS)" or "charging station"
means any level of electric vehicle supply equipment station that is designated and built in compliance with Article 625, of the California Electrical Code, as it reads on the effective date of this section and updated by the corresponding California Electrical Code and by ordinance and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. Where applicable, a "charging station" may include essential signage, parking lot striping, wheel stops, bollards and other similar directional and safety improvements as necessary for safe operation of the EVCS equipment.
"Electronic submittal"
means the utilization of the City's web-based application and document submittal platform.
"EVCS application"
means an application for a building permit or similar non-discretionary permit to install, replace or otherwise alter an EVCS.
"Specific adverse impact"
has the meaning set forth in California Government Code Section 65850.7(i)(4), as may be amended from time to time.
(Ord. 2022-1105 § 2)
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 15 of the Yorba Linda 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. 2022-1105 § 2)
The Building Official is authorized to administer the provisions of this chapter. The Building Official shall have the approval authority for all EVCS applications.
(Ord. 2022-1105 § 2)
A. 
Submittal. Every EVCS application shall be submitted to the City either in person or by 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 subsection (C)(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 subsection (C)(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 Community Development Director, 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 a permit 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.
4. 
Appeal. An EVCS applicant may appeal any decision of the Building Official made pursuant to this chapter to the Planning Commission. The timing of and requirements for an appeal shall be as outlined in Yorba Linda Municipal Code Section 18.36.810.
5. 
Electronic signatures. Electronic signatures may be used in lieu of wet signatures on all forms, applications, and other documentation required by this chapter.
(Ord. 2022-1105 § 2)
The following time limitations shall apply on all applications and plan reviews for EVCS.
A. 
An application to install an EVCS submitted to the Building Official shall be deemed complete if, after the applicable time period noted in subsection (A)(3) below has elapsed, both of the following in subsections (A)(1) and (A)(2) are true:
1. 
The Building Official has not deemed the application complete consistent with the application checklist provided by the City per 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 EVCS meets all the health and safety requirements of local, state and federal law, consistent with Government Code Section 65850.7(b) and (g).
3. 
Time Limitations.
a. 
Five business days after submission for one to 25 EVCS.
b. 
Ten business days after submission for more than 25 EVCS.
B. 
An application to install an EVCS shall be deemed approved if the applicable time period noted in subsection (B)(3) below has elapsed and both of the following in subsections (B)(1) and (B)(2) 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 EVCS could have a specific impact on public health or safety or required the applicant to apply for a use permit pursuant to Government Code Section 65850.7(b).
3. 
Time Limitations.
a. 
Twenty business days after the application was deemed complete for one to 25 EVCS.
b. 
Forty business days after the application was deemed complete for 25 or more EVCS.
(Ord. 2022-1105 § 2)