§ 15.37

For the purpose of this chapter, unless the context indicates otherwise, certain words and phrases used in this chapter are defined as follows:

A.

"City" means the City of Morgan Hill.

B.

"Electric vehicle charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with California Electrical Code Article 625, or any successor regulation, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

C.

"Electronic submittal" means the utilization of one or more of the following:

Email;

The internet; or

Facsimile.

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. No. 2259 N.S., § 1, 9-6-2017)

The purpose of the chapter is to adopt an expedited, streamlined electric vehicle charging station permitting process that complies with AB 1236 (Chapter 598, Statutes 2015) to achieve timely and costeffective installations of electric vehicle charging stations. This chapter encourages the use of fuel-efficient electric vehicles and electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install electric vehicle charging stations. This chapter allows the city to achieve these goals while protecting the public health, welfare, and safety.

(Ord. No. 2259 N.S., § 1, 9-6-2017)

15.37.030 - Applicability.

A.

This chapter applies to the permitting of all electric vehicle charging stations in the city.

B.

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 the electric vehicle charging station in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. No. 2259 N.S., § 1, 9-6-2017)

15.37.040 - Electric vehicle charging station requirements.

A.

All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city's building and fire departments.

B.

Electric vehicle charging stations shall be certified by an accredited listing agency as defined by the California Electrical Code.

C.

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. No. 2259 N.S., § 1, 9-6-2017)

15.37.050 - Duties of building department and building official.

A.

All documents required for the submission of an expedited electric vehicle charging station permit application shall be made available on the publicly accessible city website.

B.

Electronic submittal of the required permit application and documents by email, the Internet, and 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.

C.

The city's building department shall adopt a standard plan checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. All code requirements in these documents shall substantially conform to the requirements found in the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" contained in the most recently adopted Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governor's Office of Planning and Research. The city's adopted checklist shall be published on the city's website.

D.

The city council, by resolution, may establish a fee for the processing of electric vehicle charging station permit applications.

(Ord. No. 2259 N.S., § 1, 9-6-2017)

15.37.060 - Permit review and inspection requirements.

A.

The building department shall administratively approve an application to install electric vehicle charging stations through issuance of a building permit or similar nondiscretionary permit.

B.

A permit application that satisfies the requirements in the city's adopted checklist shall be deemed complete and shall be promptly processed. Upon confirmation by the building official, or his or her designee, that the permit application and supporting documentation meet the requirements of the city's adopted checklist, and is consistent with local, state, and federal health and safety requirements, in accordance with California Government Code Section 65850.7, the application shall be approved and the necessary permit shall be issued. 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.

C.

The building official, or his or her designee, may require an applicant to apply for a use permit if the official, or his or her designee, finds, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety. The building official, or his or her designee, shall issue a decision letter to the applicant.

D.

If a use permit is required, the building official, or his or her designee, may deny an application for the use permit if the official, or his or her designee, 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. The building official, or his or her designee, shall issue a decision letter to the applicant.

Such decisions may be appealed to the planning commission utilizing the procedures set forth in Section 15.37.060(E).

E.

For appeals to the planning commission pursuant to Sections 15.37.060(C) and (D), a written notice of appeal must be filed with the secretary of the planning commission within ten days of receipt of the decision letter from the building official or his or her designee. The notice of appeal shall set forth the specific grounds of the appeal. At the time of consideration of the appeal, the appellant shall have the burden of establishing cause why the action appealed from should be altered, reversed, or modified. The planning commission may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse, or modify the decision of the building official or his or her designee. The decision of the planning commission shall be final.

F.

The city shall not condition approval of an application on the approval of an association, as defined in Civil Code Section 4080.

G.

Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(Ord. No. 2259 N.S., § 1, 9-6-2017)

Chapter 15.38 - WAGE THEFT PREVENTION

15.38.010 - Definitions.

Whenever used in this chapter, the following terms shall have the meanings set forth below:

"Completion" means that construction is complete and the project is eligible for a certificate of occupancy.

"Contractor" means the prime contractor on a construction project.

"Owner" means the person or persons, firm, corporation, partnership or other legal entity exercising ownership of the project.

"Project" means new construction of greater than fifteen thousand square feet that is not subject to prevailing wage requirements and/or does not have a valid project labor or community workforce agreement.

"Project construction employees" means employees of the contractor or subcontractor.

"Representative" means a person authorized to legally bind the owner and/or contractor (for example; a corporate officer, general partner, or managing member of a limited liability company.)

(Ord. No. 2265 N.S., § 1, 12-6-2017)