San Jose Municipal Code Part 4 Expedited Building Permit Process for Electric Vehicle Charging Stations

A. This part applies to the issuance of building permits for electric vehicle charging stations in the city. All requirements of building permit applications in Title 24 for electric vehicle charging stations that are not addressed in this part shall remain in effect.

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 this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electronic vehicle charging station. Routine operation and maintenance or like-kind replacements for electric vehicle charging stations shall not require a permit.

(Ord. 29740.)

A. All documents required for the submission of an expedited electric vehicle charging station building permit application shall be made available on the city website.

B. Electronic submittal of the required building permit application and documents by email, or the internet when in operation shall be made available to all electric vehicle charging station permit applicants.

C. The building official shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

D. The electric vehicle charging stations permit process and 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" adopted by the governor's office of planning and research.

(Ord. 29740.)

A. The building official shall issue a building permit, the issuance of which is nondiscretionary, for complete applications that meet the requirements of the approved checklist and Part 3 of this chapter.

B. If an application is deemed incomplete, the building official shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information or documentation or payment of fees required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

C. The chief building official may require an applicant to apply for a special use permit if the official finds, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the city planning commission.

D. If a use permit is required, the city may deny such application if it makes written findings based upon substantive evidence in the record that the proposed installation 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. Such decisions may be appealed to the city planning commission.

E. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(Ord. 29740.)