Morro Bay Municipal Code Ch. 14.43 Electric Vehicle Charging Systems

The purpose of this chapter is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with Government Code Section 65850.7 to achieve timely and cost-effective installations. This chapter is designed to encourage the use of electric vehicles by removing what the state legislature considers to be unreasonable barriers, thus minimizing costs to property owners and the city, and expanding the ability of property owners to install electric vehicle charging systems and electric vehicle charging spaces. This chapter allows the city to achieve these goals while protecting the public health and safety.

(Ord. No. 641, § 2, 12-8-20)

As used in this chapter, the following terms, phrases and words shall have the following definitions, which are intended to be consistent with the definitions in Government Code Section 65850.7, and shall be automatically deemed to be amended to reflect any amendments to the definitions in state law.

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

B. "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.

C. "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. 641, § 2, 12-8-20)

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 its requirements 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 or like-kind replacements with no structural alterations shall not require a permit.

(Ord. No. 641, § 2, 12-8-20)

A. An application for an electric vehicle charging station shall take into consideration electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.

B. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

(Ord. No. 641, § 2, 12-8-20)

A. All documents required for the submission of an electric vehicle charging station application shall be made available on the city website. The building official shall adopt, and post on the city's website, a standard plan and checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

B. Electronic submittal of the required permit application, plans and documents by email or the internet shall be made available to all electric vehicle charging station permit applicants.

C. The city will accept an electronic signature on all forms, applications and other documents in lieu of a wet signature by an applicant.

D. The electric vehicle charging station permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of 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.

(Ord. No. 641, § 2, 12-8-20)

A. The building official shall implement an administrative, nondiscretionary review process to expedite approval of electric vehicle charging stations.

B. 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. Review of the application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements.

D. The building and safety division shall issue a building permit, the issuance of which is nondiscretionary within five business days for residential installations, and ten business days for commercial installations upon receipt of a complete application that meets the requirements of the approved checklist and standard plan.

E. The building official may require an applicant to apply for an administrative use permit/coastal development permit if the official finds, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety.

F. If an administrative use permit/coastal development permit is required, the city may deny such application if it 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. Such decisions may be appealed to the city planning commission.

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

H. Approval of a permit for any electric vehicle charging station shall not be conditioned on the approval of an electric vehicle charging station by an association, as that term is defined in Civil Code Section 4080.

I. Only one inspection shall be required and performed by the building division for electric vehicle charging stations eligible for expedited review.

1. The inspection shall be done in a timely manner and should include consolidated inspections.

2. If an electric vehicle charging station fails inspection, a subsequent inspection is authorized.

(Ord. No. 641, § 2, 12-8-20)