Sonoma Municipal Code Ch. 14.29 Expedited Permitting Process for Electric Vehicle Charging Stations

This chapter is and may be cited as the “expedited permitting process for electric vehicle charging stations.” The chapter is enacted pursuant to Government Code Section 65850.7 as adopted by Assembly Bill 1236 (Chapter 598, Statutes 2015). (Ord. 04-2017 § 1, 2017).

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 city to achieve these goals while protecting the public health and safety. (Ord. 04-2017 § 1, 2017).

This chapter applies to the permitting of all electric vehicle charging stations in the city of Sonoma. (Ord. 04-2017 § 1, 2017).

The building official, or his/her designee, has the authority for administering and carrying out the provisions of this chapter. (Ord. 04-2017 § 1, 2017).

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

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 city on another similarly situated application in a prior successful application for a permit.

B. “Building official” means the city of Sonoma officer or other duly authorized representative charged with the administration and enforcement of the California Building Standards Code.

C. “City” means the city of Sonoma.

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

1. Email;

2. The internet; or

3. Facsimile.

E. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

F. “Planning director” means the city of Sonoma officer or other designated authority charged with the administration and enforcement of SMC Title 19 or a duly authorized representative.

G. “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 to install an electric vehicle charging station was deemed complete. (Ord. 04-2017 § 1, 2017).

A. No later than September 30, 2017, the building official or his/her designee shall, after consulting with the city fire department, develop, promulgate and implement an expedited permitting process consistent with this chapter 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. No later than September 30, 2017, the building official shall develop and adopt a submittal checklist of requirements with which electric vehicle charging stations shall comply to be eligible for expedited permit review. The building official may update and amend the submittal checklist as needed from time to time. The checklist and required permit applications and forms shall be published on the city of Sonoma’s internet website.

C. In developing the expedited permitting process and submittal 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.

D. Electronic submittal of the required permit application and supporting documents shall be made available for all electric vehicle charging station permit applications. (Ord. 04-2017 § 1, 2017).

Electric vehicle charging stations shall require a city permit. It shall be unlawful for any person to install, alter, replace or maintain an electric vehicle charging station without first obtaining a permit for such work. (Ord. 04-2017 § 1, 2017).

A. Every permit application for the installation, alteration and replacement of an electric vehicle charging station shall be in writing on a form provided by the city and shall additionally include as an attachment the information set forth in the submittal checklist for electric vehicle charging stations and such other information as the building official may reasonably require to carry out the purpose and satisfy the requirements of this chapter and the California Building Standards Code as amended and adopted by the city. The submittal checklist for electric vehicle charging stations shall be available on the city’s internet website.

B. The applicant may submit a permit application and associated documentation for electric vehicle charging stations to the city’s building department in person, by mail, or by electronic submittal together with any required permit processing and plan review deposits required by the building department. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. (Ord. 04-2017 § 1, 2017).

A. An application that satisfies all of the requirements of the submittal checklist for electric vehicle charging stations, as determined by the building official, shall be deemed complete. If the building official determines that an application and/or supporting documentation is incomplete for reasons that it is illegible, inaccurate or contains text, symbols or illustrations that are too small or are otherwise not easily read or is incomplete or incorrect for other reasons, the building official shall issue the applicant a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for the expedited permitting process.

B. Review of the application and supporting documentation to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law and the requirements of this chapter. 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 or safety.

C. If the building official or planning director 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 planning director may require the applicant to apply for a use permit pursuant to SMC 19.54.040.

D. The city planning commission 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. The building official 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.

F. 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.

G. Upon confirmation by the building official that a permit application and accompanying documentation are complete, meet the requirements of the submittal checklist and are consistent with the requirements of this chapter; and provided, that the proposed electric vehicle charging station will not have a specific, adverse impact upon the public health or safety; the building official shall administratively approve the application and issue the required permit to install the electric vehicle charging station.

H. Any electric vehicle charging station erected, constructed, installed, altered, replaced or to which additions are made shall comply with all of the provisions of all applicable health and safety standards and requirements of local, state and federal law, including but not limited to, the Sonoma Municipal Code.

I. 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.

J. 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. (Ord. 04-2017 § 1, 2017).

Appeal of a final decision by the building official or planning director shall follow the procedures established in Chapter 1.24 SMC except that an appeal of the building official’s or planning director’s decision pursuant to SMC 14.29.090(A), (B), or (C) may be appealed to the city planning commission in accordance with the procedures set forth in Chapter 19.84 SMC. If an appeal is filed with the planning commission, the planning commission’s decision shall be final. (Ord. 04-2017 § 1, 2017).