Monterey County Municipal Code Ch. 18.18 Expedited Permitting Process for Electric Vehicle Charging Stations

The purpose of this Chapter is to adopt an expedited, streamlined permitting process that complies with section 65850.7 of the California Government Code to achieve timely and cost-effective installations of electric vehicle charging stations. The intent of this Chapter is to encourage the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the County, and expanding the ability of property owners and agricultural and business concerns to install electric vehicle charging stations, while allowing the County to protect the public health and safety.

(Ord. No. 5275, § 2, 9-13-2016)

A. This Chapter applies to the permitting of all electric vehicle charging stations, as defined, in the unincorporated area of the County of Monterey.

B. A construction permit is required to install utility interconnected electric vehicle charging stations.

C. Electric vehicle charging stations legally established or permitted prior to the effective date of Ordinance No. 5275 enacting 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. Routine operation and maintenance shall not require a permit.

(Ord. No. 5275, § 2, 9-13-2016)

For the purposes of this Chapter, the following definitions shall apply:

A. "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 County on another similarly situated application in a prior successful application for a permit.

B. "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

C. "Building Official" means the County Building Official or his or her designee.

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

1. Email.

2. The Internet.

3. Facsimile.

E. "Electric vehicle charging station" 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, as it reads on the effective date of this Section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

F. "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. 5275, § 2, 9-13-2016)

A. The Building Official shall develop an administrative, nondiscretionary expedited review process for permits for electric vehicle charging stations.

B. The Building Official shall adopt a checklist of all requirements with which the application for electric vehicle charging stations shall comply to be eligible for expedited review.

C. The electric vehicle charging station permit process and checklist shall substantially conform to the recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist contained in the Zero-Emission Vehicles in California: Community Readiness Guidebook adopted by the Governor's Office of Planning and Research, as may be periodically revised, unless the Board of Supervisors modifies the checklist and standards by ordinance due to unique climatic, geological, seismological, or topographical conditions in the County.

D. The Building Official shall have the authority to revise the process checklist in substantial conformance to such revisions as may be made periodically to the Zero-Emission Vehicles in California: Community Readiness Guidebook.

E. The Building Official shall make available on the publicly accessible County website, the County's checklist, the permit application form, and such other permitting documentation as is required for electric vehicle charging stations.

(Ord. No. 5275, § 2, 9-13-2016)

A. An application and related documentation to install an electric vehicle charging station may be submitted electronically in the manner specified by the County.

B. An applicant's electronic signature shall be accepted on all forms, applications, and other documents that are part of the electronic submittal in lieu of a wet signature.

C. An application for an electric vehicle charging station shall be deemed complete when the Building Official determines that the application satisfies all the information requirements in the checklist.

D. 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.

E. Applications for electric vehicle charging stations shall be administratively reviewed and acted upon by the Building Official as a nondiscretionary permit within a reasonable time following receipt of a complete application that meets the requirements of the County's checklist and payment of all required permit processing and inspection fees. The Building Official's review shall be limited to whether the proposed electric vehicle charging station 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 electric vehicle charging station will not have a specific, adverse impact upon the public health and safety.

F. The Building Official, in consultation with the Chief of Planning, may require an applicant to apply for a use permit if the Building Official 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's decision to require a use permit may be appealed to the County Planning Commission.

G. If a use permit is required, the application for the use permit may be denied if the appropriate authority as designated in the applicable County zoning ordinance makes 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. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the specific, adverse impact. Such decisions may be appealed to the County Planning Commission, or if the Planning Commission was the appropriate authority, such decisions may be appealed to the Board of Supervisors.

H. Any condition imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest possible cost.

I. The County shall not condition approval of an application on the approval of an electric vehicle charging station by an association.

J. An electric vehicle charging station permitted pursuant to this Chapter shall meet all applicable health and safety standards and requirements imposed by State and County permitting authorities.

K. An electric vehicle charging station 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. 5275, § 2, 9-13-2016)

Fees for processing permits for electric vehicle charging stations under this Chapter shall be as established by the Board of Supervisors and as set forth in the Monterey County Fee Resolution, pursuant to Chapter 1.40 of the Monterey County Code, as amended from time to time.

(Ord. No. 5275, § 2, 9-13-2016)