Chapter 14.70


14.70.010    Purpose and intent.

14.70.020    Application.

14.70.030    Definitions.

14.70.040    Electric vehicle charging station requirements.

14.70.050    Duties of the building official.

14.70.060    Plan review requirements.

14.70.010 Purpose and intent.

This chapter is intended to establish an expedited, streamlined electric vehicle charging station permitting process that complies with the Electric Vehicle Charging Stations Open Access Act and AB 1236 (Chapter 598, Statutes 2015, California Government Code Section 65850.7) to achieve timely and cost-effective installations of electric vehicle charging stations.  This chapter is further intended to promote and encourage the use of electric vehicle charging stations by homeowners, agricultural concerns, and business concerns by limiting obstacles to their use and minimizing costs to property owners and the city of Half Moon Bay.  This chapter allows the city of Half Moon Bay to achieve these goals while protecting the public health and safety.  (Ord. C-2017-03 §2(part), 2017).

14.70.020 Application.

A.    This chapter applies to the permitting of all electric vehicle charging stations in the city of Half Moon Bay.

B.    Electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of these provisions unless physical modifications or alterations are undertaken after that date that materially change the size, type, or components of an electric vehicle charging station in such a way as to require a new permit.  Routine operation and maintenance or like-kind replacements shall not require a permit.  (Ord. C-2017-03 §2(part), 2017).

14.70.030 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the following meanings ascribed to them:

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 of Half Moon Bay in a prior successful application for a permit.

B.    “Electronic submittal” means the utilization of one or more of email, the internet, or facsimile.

C.    “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, as defined in California Government Code Section 65850.7.

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, as defined in California Government Code Section 65850.7.  (Ord. C-2017-03 §2(part), 2017).

14.70.040 Electric vehicle charging station requirements.

A.    All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state, the city of Half Moon Bay, and the Coastside Fire Protection District.

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 rules of the Public Utilities Commission regarding safety and reliability.  (Ord. C-2017-03 §2(part), 2017).

14.70.050 Duties of the building official.

A.    The city of Half Moon Bay building official shall prepare a standard checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.  All documents required for the submission of an expedited electric vehicle charging station application shall be made available on the publicly accessible city of Half Moon Bay website.

B.    The electric vehicle charging station permit process and standard checklist shall substantially conform to recommendations for expedited permitting, including the checklist 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 Governor’s Office of Planning and Research.

C.    Electronic submittal of the required permit application and documentation by email or the internet shall be made available to all electric vehicle charging station permit applicants.  Applicants may also submit the permit application and associated documentation in person or by mail.

D.    In the case of electronic submittal, an applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.  (Ord. C-2017-03 §2(part), 2017).

14.70.060 Plan review requirements.

A.    Consistent with California Government Code Section 65850.7, the building official shall issue a building permit, the issuance of which is nondiscretionary, upon receipt of a complete application that meets the requirements of the approved checklist and standard plan.  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.

B.    It is the intent of this chapter to encourage the installation of electric vehicle charging stations by establishing expedited permitting so long as the action does not supersede the building official’s authority to address higher priority life-safety situations.  The building official may require an applicant to apply for a use permit if it makes written findings, based on substantial evidence, that the charging station could have a specific, adverse impact upon the public health and safety, as defined in this chapter.  If a use permit is required, the city of Half Moon Bay may deny an application for the use permit if it makes written findings based upon substantial evidence in the record that the proposed charging station would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact.  Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.  Decisions under this subsection may be appealed to the planning commission.

C.    The city of Half Moon Bay shall not condition the approval of an application on the approval of an association, as that term is defined in California Civil Code Section 4080.  (Ord. C-2017-03 §2(part), 2017).