Chapter 9.20
EXPEDITED ELECTRIC VEHICLE CHARGING STATION PERMITTING
Sections:
9.20.040 Electric vehicle charging station requirements.
9.20.060 Plan review, permit, and inspection requirements.
Prior legislation: Ords. 737, 746, 762 and 774.
9.20.010 Purpose.
The purpose of this chapter is to adopt an expedited, streamlined permitting process for electric vehicle charging stations in accordance with AB 1236 (Chapter 598, Statutes 2015, California 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. (Ord. 801, § 4 (Exh. A)).
9.20.020 Definitions.
The following definitions are applicable to this chapter:
A. “City” means the city of Millbrae, and any designated officials, employees, or contractors authorized to execute the provisions of this chapter.
B. “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 may be amended, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
C. “Permit” means electric vehicle charging station permit issued by the city pursuant to the expedited review process set forth in this chapter.
D. “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. 801, § 4 (Exh. A)).
9.20.030 Applicability.
This chapter applies to the permitting of all electric vehicle charging stations in the city. 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 from the city. Routine operation and maintenance of an electric vehicle charging station does not require a new permit from the city. (Ord. 801, § 4 (Exh. A)).
9.20.040 Electric vehicle charging station requirements.
All electric vehicle charging stations must meet applicable health and safety standards and requirements established by the state of California and the city.
Electric vehicle charging stations must also meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and rules of the Public Utilities Commission regarding safety and reliability. (Ord. 801, § 4 (Exh. A)).
9.20.050 Permit requirements.
A. All documents required for the submission of an electric vehicle charging station permit will be made available on the city’s website.
B. Permit application and other required documents may be submitted electronically to the city, in a format to be designated by the city. Electronic signatures will be accepted on all required permit forms, applications, and other documents in lieu of a wet signature.
C. The city will create a checklist of all requirements with which the electric vehicle charging stations must comply to be eligible for expedited review. The 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.
D. All fees prescribed for the permit will comply with Government Code Sections 65850.55, 66015 and 66016, and State Health and Safety Code Section 17951 as set forth in the fee schedule adopted by resolution by the governing body of the city of Millbrae.
E. The final determination of value or valuation of a permit will be made by the building official. The final value used in computing the electric vehicle charging station permit and plan review will be the total value of all construction work for which the permit is issued as well as any installed equipment. (Ord. 801, § 4 (Exh. A)).
9.20.060 Plan review, permit, and inspection requirements.
A. The city will implement an administrative review process to expedite approval of permits. Where permit applications meet the requirements of the approved checklist and standards, including a determination that the permit application meets all city, state, and federal requirements, and there are no identifiable and specific adverse impacts to public health or safety, the city will approve the permit ministerially.
B. The city may require an applicant to apply for an “electric vehicle charging station use permit” if the city finds, based on the initial permit application, that the electric vehicle charging station(s) may have a specific, adverse impact on the public’s health and safety. The city’s decision may be appealed to the city of Millbrae planning commission.
C. If an electric vehicle charging station use permit is required, the city may only deny an application for the electric vehicle charging station use permit if the city makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact on the public’s health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings will include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. The city’s decision may be appealed to the city of Millbrae planning commission.
D. If the city issues an electric vehicle charging station use permit, the electric vehicle charging station use 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.
E. If a permit application is deemed incomplete, a written correction notice detailing all deficiencies in the application will be sent to the applicant for resubmission. A separate fire inspection may be required by the Central County fire department. (Ord. 801, § 4 (Exh. A)).