Chapter 7D5 — ELECTRIC VEHICLE CHARGING STATION PERMITTING PROCESS

Sec. 7D5-1. - Title and authority.

This chapter is and may be cited as the "Electric Vehicle Charging Station Permitting Process." The chapter is enacted pursuant to Government Code section 65850.7 as established by Assembly Bill 1236 (Chapter 598, Statutes 2015).

(Ord. No. 6175, § 1, 9-13-2016)

Sec. 7D5-2. - Purpose.

The purpose of this chapter is to create an expedited, streamlined permitting process that complies with AB 1236 and Government Code section 65850.7 to achieve timely and cost-effective installation of electric vehicle charging stations. This chapter encourages the installation and use of electric vehicle charging stations by removing obstacles to and minimizing the cost of permitting for charging stations, and by expanding the ability of residential, agricultural, and commercial property owners to install electric vehicle charging stations. This chapter allows the county to achieve these goals while protecting the public health and safety.

(Ord. No. 6175, § 1, 9-13-2016)

Sec. 7D5-3. - Applicability.

This chapter applies to the permitting of electric vehicle charging stations in the unincorporated territory of the county of Sonoma.

Electric vehicle charging systems legally established or permitted prior to the building official's implementation of an expedited permitting process 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.

(Ord. No. 6175, § 1, 9-13-2016)

Sec. 7D5-4. - Definitions.

The following words and phrases as used in this chapter are defined as follows:

"Electronic submittal" means the utilization of one (1) or more of the following:

Email;

The Internet; or

Facsimile.

"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 chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

"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.

"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.

"Building official" means the officer or other designated authority charged with the administration and enforcement of the Sonoma County Code, or a duly authorized representative.

(Ord. No. 6175, § 1, 9-13-2016)

Sec. 7D5-5. - Electric vehicle charging stations requirements.

A.

All electric vehicle charging stations shall meet applicable health and safety standards and requirements of local, state, and federal law.

B.

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. 6175, § 1, 9-13-2016)

Sec. 7D5-6. - Application standards.

A.

No later than September 30, 2017, the chief building official of Sonoma County or his/her designee shall implement an expedited permitting process, after consulting with the local fire department or district, that will allow the building official to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit.

B.

The building official shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. The checklist and all required permitting documentation shall be published on the county of Sonoma's Internet website.

C.

In developing the expedited permitting process and checklist, the building official may refer to the recommendations contained in the most recent version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the State of California's Office of Planning and Research. The building official may modify the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions.

D.

Electronic submittal of the required permit application and supporting documents shall be made available for all electric vehicle charging station permit applications. The method of electronic submittal shall be at the county's discretion.

(Ord. No. 6175, § 1, 9-13-2016)

Sec. 7D5-7. - Expedited permitting process and permit review.

A.

The applicant may submit the permit application and supporting documents to the permit and resource management department by electronic submittal. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications, and other documents may be used in lieu of a wet signature. If at the time of a permit application, the county's supporting technology does not facilitate electronic signatures, the county, at its discretion, may authorize the acceptance of either electronic signature or wet signature.

B.

An application and supporting documents that satisfy the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information that is required to be eligible for expedited permit issuance.

C.

Upon confirmation by the building official that the application is complete and meets the requirements of the checklist, and is consistent with this chapter, the building official shall administratively approve the application and issue all required permits or authorizations. The building official may establish a process to prioritize competing applications for expedited permits.

If the county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, the county may require the applicant to apply for a use permit.

The county may withhold issuance of the permit or authorization if there is a violation on record for any structure associated with the application under review.

The county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Civil Code section 4080.

D.

The county shall not deny an application for a use permit to install an electric vehicle charging station unless it 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. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

E.

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

F.

This expedited permitting process is intended to apply only to applications for permits for electric vehicle charging stations, and will not expedite the review of any other permit applications.

G.

The building official's decision pursuant to Sections 7D5-7(C) or (D) may be appealed to the planning commission in accordance with the procedures set forth in Sonoma County Code section 26-92-040, subdivision (b). The planning commission's decision shall be final.

(Ord. No. 6175, § 1, 9-13-2016)