Article XI — EXPEDITED PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS

(A) Cal. Gov’t Code § 65850.7 provides that it is the policy of the state to promote and encourage the installation and use of electric vehicle charging stations by limiting obstacles to their use and by not unreasonably restricting the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations by minimizing the permitting costs of systems; (B) The purpose of this chapter is to adopt an expedited, streamlined process for electric vehicle charging stations that complies with Assembly Bill No. 1236 (Chapter 598, Statutes 2015) to achieve timely and cost-effective installations of electric vehicle charging stations while protecting public health and safety; (C) This chapter shall apply to the permitting of all-electric vehicle charging stations in the unincorporated area of the county. Electric vehicle charging stations authorized before the effective date of this chapter are not subject to the requirements set forth herein 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 shall not require a permit. (Ord. 1050, 2022)

This chapter is adopted pursuant to the authority granted by Article XI, § 7 of the California Constitution and Cal. Gov’t Code § 65850.7. (Ord. 1050, 2022)

The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out unless it shall be apparent from the context that they have a different meaning: 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 a city, county, or city and county on another similarly situated application in a prior successful application for a permit. ASSOCIATION. A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. BUILDING DEPARTMENT. The county Building Division of the Resource Management Agency. BUILDING OFFICIAL. The individual vested with the responsibility of overseeing and enforcing applicable life safety codes and building codes, laws, and statutes in the county, as outlined in state law by county code and personnel classification. Whenever BUILDING OFFICIAL or BUILDING INSPECTOR is used in this code, it means the Chief Building Official. COUNTY. The County of San Benito. ELECTRONIC SUBMITTAL. The utilization of one or more of the following: email, internet, or facsimile. ELECTRIC VEHICLE CHARGING STATION or CHARGING STATION. 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. 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. 1050, 2022)

Consistent with Cal. Gov’t Code § 65850.7, the Building Official shall develop and implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited streamlined permitting process and checklist may refer to the recommendations in the most current version of the "Plug-in Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. All documents required for submitting an application, including the county's adopted checklist, shall be made available on the county's publicly accessible website. (Ord. 1050, 2022)

(A) Prior to submitting an application for processing, an applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact on public health and safety and building occupants. Verification by the applicant includes but is not limited to 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) A permit application that satisfies the information requirements in the county's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the county's adopted checklist and are consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Cal. Gov’t Code § 65850.7, approve the application and issue all necessary county permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the county. If the Building Official determines that the permit application is incomplete, they shall issue a written notice to the applicant detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. (C) Consistent with Cal. Gov’t Code § 65850.7, the Building Official shall allow for in-person, mailed, or electronic submittal of permit applications covered by this section and associated supporting documents. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by an applicant. (D) All fees prescribed for permitting electric vehicle charging systems shall comply with Cal. Gov’t Code §§ 65850.55 and 66016, and Cal. Health Safety Code § 17951, as applicable. (Ord. 1050, 2022)

(A) It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting charging stations so long as the action does not supersede the Building Official's authority to address higher- priority life safety situations. If the Building Official makes a written finding based on substantial evidence that the proposed electric vehicle charging station could have a specific adverse impact upon public health or safety, as defined in this chapter, and that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, then the county may

require the applicant to apply for a use permit. (B) In the technical review of a charging station consistent with Cal. Gov’t Code § 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined in § 21.01.192 and Cal. Civil Code § 4080. (C) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon public health or safety at the lowest cost possible. (D) The decision of the Building Official to approve or deny the application to install an electric vehicle charging station may be appealed to the county Planning Commission. (Ord. 1050, 2022)

(A) Electric vehicle charging stations shall meet all applicable safety and performance standards established by the Cal. Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, the rules of the Public Utilities Commission regarding safety and reliability. (B) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means, and overcurrent protective devices shall meet or exceed the requirements of Article 625 and all applicable provisions of the California Electrical Code and deliver electricity from a source outside an electric vehicle into a plug-in electrical device. (C) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. (D) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the Cal. 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. 1050, 2022)

The Board of Supervisors finds that the issuance of an electric vehicle charging station in accordance with this chapter is exempt from environmental review pursuant to §§ 15301, 15303, and 15304 of the California Environmental Quality Act (CEQA), found in Title 14 of the Cal. Code of Regulations, as suggested in the “Zero-emission Vehicles in California: Community Readiness Guidebook,” adopted by the Governor's Office of Planning and Research. An expedited permitting process for electric vehicle charging stations will, consistent with CEQA § 15301, result in minor alterations to existing facilities involving negligible or no expansion of use beyond that which is presently existing; consistent with CEQA §§ 153030 and 15304, result in a limited number of new, small structures, and consist of minor public or private alterations in the condition of land. (Ord. 1050, 2022)