2022-350 Adding Chapter 8.24 to the title 8 of the Menifee municipal code setting forht proceedures for expediting permit process for electric vehicle charging systemsoRDINANCE NO. 2022-350
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE ADDING
CHAPTER 8.24 TO TITLE 8 OF THE MENIFEE MUNICIPAL CODE SETTING FORTH
PROCEDURES FOR EXPEDITING PERMIT PROCESS FOR ELECTRIC VEHICLE
CHARGING SYSTEMS
WHEREAS, the State of California and the City of Menifee have consistently promoted
and encouraged the use of fuel-efficient electric vehicles; and
WHEREAS, the State of California recent adopted Assembly Bill 1236 requires local
agencies to adopt an ordinance that create an expedited and streamlined permitting processfor
electric vehicle charging systems; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle
charging stations would facilitate convenient charging of electnc vehicles and help reduce the
City's reliance on environmentally damaging fossil fuels.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 8.24: ELECTRICAL VEHICLE CHARGING STATION PERMIT
PROCEDURES is added to the Municipal Code as shown on Exhibit A attached hereto, which is
incorporated herein by reference.
SECTION 2. All ordinances and resolutions or parts thereof in conflict with this Ordinance
are hereby repealed.
SECTION 3. The City Manager is directed to take all necessary steps to give effect to this
Ordinance
SECTION 4. lf any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, then such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Menifee hereby declares the Council
would have adopted this Ordinance, and each Section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections,
subdivisions, Sentences, clauses, phrases, or portions thereof be declared unconstitutional,
invalid, or ineffective.
SECTION 5. This Ordinance shall become effective 30 days after adoption
SECTION 6. The Mayor shall sign this ordinance and the City Clerk shall attest and certify
to the passage and adoption of this Ordinance and cause this Ordinance to be published using
the alternative summary and posting procedure authorized under Government Code Section
36933.
This Ordinance was introduced
APPROVED, AND ADOPTED this 2l reading
Seokm
for first
day of
on August 17 , 2022, and PASSED,
2022
Bitl
Mayor
APPROVED AS TO FORM
T. Melching
City Attorney
ATTEST
ie Roseen,
Acting City Clerk
1/A.h-
EXHIBIT A
CHAPTER 8.24: ELECTRICAL VEHICLE CHARGING STATION PERMIT PROCEOURES
SECTION 8,24.010 STANDARDS FOR ELECTRICAL VEHICLE CHARGING
STATIONS; APPROVAL PROCESS.
(A) Title and Purpose.
(l) This Section shall be known as "City of Menifee Electric Vehicle Charging Station
Permit Expediting Ordinance," may be cited as such, and will be referred to herein
as "this Section." The purpose of this Section is to promote and encourage the use
of eleclric vehicles by crealing an expedited, streamlined permifting 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 the standards adopted by the city pursuant to this
Section and state law.
(2) lt is also the purpose of this Section to promote and encourage the use of electrical
vehicle charging stations and to limit obstacles to their use.
(3) lt is hereby declared that in any instance where the provisions of this Section
conflict with any applicable state law or regulation, such State law or regulation
shall govern, including California Government Code section 65850.7 as it may
updated from time to t!me.
(B) Definitions. The following definitions shall govern the meaning of words and phrases used
herein:
CHECKLIST OF REQU'REII'E'\TS FOR ELECTRICAL VEHICLE
CHARGING STATION or CHECKLIST. The rules, regulations, guidelines, and
checklist that set forth implementing and additional requirements for electrical
vehicle charging stations consistent with California Government Code section
65850.7 as it may updated from time to time.
BUILOING OFFICIAL. Officer or other designated authority charged with the
administration and enforcement of the City of Menifee codes; responsible for the
implementation of this Section, as may be identified from time to time, in the
Checklist of Requirements for Electrical Vehicle Charging Stations.
ELECTRIC VEHICLE CHARGIIVG STAT'O'V 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 Electrical Code and delivers
electricity from a source outside an electric vehicle into a plug-in vehicle.
ELECTRONIC SUBMITIAL: Means the utilization of electronic mail and/or
through the Menifee Permit Portal.
FEASIBLE METHOD IO SATISFACTORILY MI|IGATE OR AVOID THE
SPECIFIC ADVERSE IMPACT: lncludes, 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.
SPECIFIC, ADyERSE 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.
(C) Development standards. ln addition to the Checklist of Requirements for Electrical Vehicle
Charging Stations, the following standards shall apply to each electracal vehicle charging
station:
(l ) All electrical vehicle charging stations shall meet applicable health and safety
standards and requirements imposed by state and local permifting authorities,
consislent with California Government Code seclion 65850.7 as it may updated
from time to time.
(2) All electric vehicle charging systems shall meet the requirements of the California
Electrical Code, the Society of Automotive Engineers, the National Electrical
Manufaclurers Association, and accredited testing laboratories such as
Underwriters Laboratories, and rules of the Public Utilities Commission regarding
safety and reliability.
(3) The Community Development Direclor or their designee may from time to time
revise the Checklist of Requirements for Electrical Vehicle Charging Station
Systems as long as any revisions are consistent with California Government Code
section 65850.7 as it may updated from time to time.
(4) The Checklist of Requirements for Electrical Vehicle Charging Station Energy
Systems shall be made available to the public during regular business hours at the
Building Division counter and by posting the Checklist on the city's internet web
site.
(D) Application requirements; signatures. The applicant may submit the permit application and
associated documentation to the city's building division in person, by mail, or electronic
submittal together with any required permit processing and inspection fees. For electronic
submittal, the city shall accept an electronic signature on all forms, applications, and other
documentation in lieu of a wet signature by an applicant to the extent permitted by law and
to the extent such electronic submittal complies with the requirements set forth in this
Section and the Checklist of Requirements for Electrical Vehicle Charging Station
Systems.
(E) Review. Review of the application to install an electrical vehicle charging station shall be
limited to the building department's review of whether the application meets all health and
safety requirements of local, state, and federal law. The requirements of local law shall be
limited to those standards and regulations necessary to ensure that the electrical vehicle
charging station will not have a specific, adverse impact upon the public health or safety.
lf the Building Official makes a finding based on substantial evidence, that an electrical
vehicle charging station could have a specific, adverse impact upon the public health and
safety, the city may require the applicant to apply for a conditional use permit or other
applicable license or permit.
(F) Approval requirements.
(1) An application that satisfies the requirements of this Section and the Checklist of
Requirements for Electrical Vehicle Charging Station Systems shall be deemed
complete upon confirmation by the Building Official that the application and
supporting documents are complete and meet the requirements of this Section and
the Checklist. Upon the Building Oflicial's determination that an application is
complete, the city's building division shall approve the application and issue all
required permits or authorizations. Upon receipt of an incomplete application, the
Building Offlcial shall issue a written correction notice detailing all deficiencies in
the application and any additional information required to be eligible for expedited
permit issuance.
(2) For projects with 1-25 stations at a single site, applications must be reviewed for
completeness within (5) business days and approved/denied within (20) business
days. For projects with 26 or more stations at a single site, applications must be
reviewed for completeness within 10 business days and approved/denied within
(40) business days.
(3) lf the city denies an applicataon for a use permit to install an electrical vehicle
charging station, the city shall make 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 findings shall
include the basis for the rejection of potential feasible alternatives of preventing the
adverse impact.
(4) The decision of the Building Official pursuant to divisions (FXl) and (3) of this
Section may be appealed to the planning commission pursuant to section 2.20.150'
and, if a subsequent decision of the planning commission is sought, may be
appealed to the city councll pursuant to Chapter 2 of this code.
(G) lnspections. For an electrical vehicle charging station system eligible for expedited review,
inspections shall be required, which shall be done in a timely manner and may include a
consolidated inspection. lf an electrical vehicle charging station system fails inspection, a
subsequent inspection is authorized.
(H) Approval by association not required. The city shall not condition approval for any
electrical vehicle charging station permit on the approval of an electrical vehicle charging
station by an association, as that term is defined in California Civil Code section 4080
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
l, Stephanie Roseen, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No. 2022-350 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 21'r day of September,2022 by the following vote:
Ayes: Liesemeyer, Karwin, Sobek, ZimmermanNoes: NoneAbsent: DeinesAbstain: None
nie Roseen, Acting City Clerk
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MENIFEE
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