Santa Clara County Municipal Code Ch. V Streamlined Permitting for Electric Vehicle Charging Stations

The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for Electric Vehicle Charging Stations and removing obstacles to permitting for Electric Vehicle Charging Stations so long as the action does not supersede the Building Official's authority to identify and address higher priority life-safety situations. This Chapter is adopted in accordance with Government Code Section 65850.7, and shall be implemented in compliance with that provision and any amendments thereto.

(Ord. No. NS-1100.128, § 1, 2-6-18)

The following definitions apply to this Chapter:

(a) 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 read on January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

(b) 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 for an Electric Vehicle Charging Station was deemed complete.

(c) Electronic submittal means the utilization of one or more of the following: Electronic mail or email; the internet; or facsimile.

(Ord. No. NS-1100.128, § 1, 2-6-18)

The Building Official shall 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 to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations 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" as published by the Governor's Office of Planning and Research. The County's adopted checklist shall be published on the County's website.

(Ord. No. NS-1100.128, § 1, 2-6-18)

(a) A permit application that satisfies the information requirements in the County's adopted checklist, as determined by the Building Official, shall be deemed complete and promptly processed. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(b) The Building Official shall allow for Electronic Submittal of permit applications and associated supporting documentation. 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 any applicant.

(Ord. No. NS-1100.128, § 1, 2-6-18)

(a) Upon confirmation by the Building Official that the proposed Electric Vehicle Charging Station meets the requirements of the County's adopted checklist, is consistent with all applicable laws and health and safety standards, and could not have a Specific, Adverse Impact on public health or safety, the Building Official shall approve the application and issue all necessary permits. Such approval does not authorize anyone to energize or utilize the Electric Vehicle Charging Station until final inspection approval is granted by the County.

(b) If the Building Official makes a finding based on substantial evidence that the Electric Vehicle Charging Station could have a Specific, Adverse Impact on public health or safety, the County may require the applicant to apply for a use permit in accordance with Chapter 5.65 of the Zoning Ordinance.

(c) The Building Official shall not condition the approval of any Electric Vehicle Charging Station permit on the approval of such a system by an association, as that term is defined by Civil Code section 4080.

(d) The Building Official's decision to approve or deny an application for an Electric Vehicle Charging Station may be appealed to the County Planning Commission in accordance with Chapter 5.30 of the Zoning Ordinance.

(e) An application for a use permit for an Electric Vehicle Charging Station may not be denied unless the decision maker makes writing findings based on substantial evidence in the record that the proposed installation would have a Specific, Adverse Impact on public health or safety that there is no feasible method to satisfactorily mitigate or avoid, and explaining why any potentially feasible alternatives for preventing the Specific, Adverse Impact were rejected. Any conditions imposed shall be designed to mitigate the Specific, Adverse Impact at the lowest possible cost.

(Ord. No. NS-1100.128, § 1, 2-6-18)

(a) Electric Vehicle Charging Station equipment shall meet the requirements of 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 or a Municipal Electric Utility Company regarding safety and reliability.

(b) Installation of Electric Vehicle Charging Stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

(c) Anchorage of either floor-mounted or wall-mounted Electric Vehicle Charging Stations shall meet the requirements of the California Building or Residential Code applicable to the type of occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements or violate any applicable provisions of Title C and any amendments thereto.

(Ord. No. NS-1100.128, § 1, 2-6-18)