Chapter 17 — ELECTRIC VEHICLE CHARGING STATIONS

Section

• 63.1701 Purpose.
• 63.1702 Definitions.
• 63.1703 Permit Required.
• 63.1704 Permit Application Process.
• 63.1705 Decision on Application.

The purpose of this Chapter is to adopt an expedited, streamlined electric vehicle charging stations permitting process that complies with § 65850.7 of the Government Code (Assembly Bill 1236 (2015-16 Regular Session)). This Chapter will promote the deployment of electric vehicle charging stations, remove obstacles to and minimize the costs of permitting for electric vehicle charging stations, improve the State and County’s ability to reach its clean energy goals, and promote the generation of new jobs. This Chapter enables the County to achieve these goals while protecting public health and safety. (Ord. 4310, passed - -2016)

The following definitions shall apply to this Chapter: ELECTRONIC SUBMITTAL. The utilization of one or more of the following: e-mail; Internet; 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 read on the effective date of Government Code § 65850.7, i.e., January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. 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. 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. 4310, passed - -2016)

Installation of an electric vehicle charging station shall require a current and effective permit issued pursuant to this Chapter. (Ord. 4310, passed - -2016)

(a) An application for a permit to install an electric vehicle charging station shall be processed in accordance with Government Code § 65850.7. The Building Official shall implement the expedited, streamlined permitting process adopted herein for the administrative, nondiscretionary review of electric vehicle charging station permit applications. (b) Checklist. The Building Official, upon review and consideration of the recommendations in the most current version of the Office of Planning and Research’s “Zero-Emission Vehicles in California: Community Readiness Guidebook” and in conformity with all applicable safety and performance standards, shall adopt and update a checklist that sets forth all requirements with which an electric vehicle charging station must comply in order to be eligible for expedited review. (c) Electronic Access. The checklist and any required permitting documentation shall be published on the County’s website. An applicant may submit a permit application and associated documentation over-the-counter, by mail, or through electronic submittal, using the electronic submittal method or methods specified on the County website. Electronic signatures shall be accepted by the County on all electronic submittals in lieu of a wet signature, in conformance with Government Code § 16.5 and Title 2 of the California Code of Regulations, §§ 22000 et seq. (d) Complete Application. An application that satisfies the information requirements in the checklist shall be deemed complete. (e) Incomplete Application. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and identifying any additional information required for the application to be eligible for expedited permit issuance. (Ord. 4310, passed - -2016)

(a) Upon confirmation that the application is complete, the Building Official shall review the application to ensure the electric vehicle charging station meets local, State, and Federal health and safety requirements. (b) If the Building Official 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 Building Official may require the applicant to apply for a use permit and impose conditions designed to mitigate the specific, adverse impact at the lowest cost possible. (c) If the Building Official makes written findings based upon substantial evidence that the proposed installation would have a specific, adverse impact for which there is no feasible method for satisfactory mitigation or avoidance, the permit application may be denied. (d) The decision of the Building Official pursuant to Subdivisions (b) and (c) may be appealed to the Planning Commission. (e) Absent any specific, adverse impact findings pursuant to Subdivision (b) or (c), the Building Official shall administratively approve the application and issue the permit. (f) Approval of an electric vehicle charging station permit application shall not be based on or conditioned on the approval of an association, as defined in § 4080 of the Civil Code. (Ord. 4310, passed - -2016)