CHAPTER 32. ELECTRIC VEHICLE CHARGING STATIONS REVIEW PROCESS
7-32-1000 DEFINITIONS:
The following words and phrases as used in this section are defined as follows:
(a) "Electronic submittal" means the utilization of the County’s online portal or the Internet.
(b) "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 January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(c) "Specific, adverse impact" means a significant, quantifiable, direct, or 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. (Added by Ord. No. 3618, effective 12-29-2022)
7-32-1010 PERMIT APPLICATION PROCESS:
Section 65850.7 of the California Government Code provides that every city or county shall adopt an ordinance that creates an expedited, streamlined permitting process for Electric Vehicle Charging Stations.
This section applies to the permitting of all electric vehicle charging stations in the County. (Added by Ord. No. 3618, effective 12-29-2022)
7-32-1020 EXISTING ELECTRIC VEHICLE CHARGING STATIONS:
All electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance codified in this chapter shall not require a permit issued under this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station. Routine operations and maintenance or like-kind replacements of the components of an electric vehicle charging state shall not be considered a material change. (Added by Ord. No. 3618, effective 12-29-2022)
7-32-1030 REQUIREMENTS:
(a) All electric vehicle charging stations shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the state and the County, local fire department and utility director, the California Building Code, Tulare County Code, and Federal laws including the Americans with Disabilities Act.
(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 the accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Added by Ord. No. 3618, effective 12-29-2022)
7-32-1040 APPLICATIONS:
(a) All documents required for submission of an electric vehicle charging station application shall be made available on the County’s website.
(b) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
(c) The Building and Housing Department shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.
(d) The Building and Housing Department 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 published by the Governor’s Office of Planning and Research, when adopting the electric vehicle charging station permit process and checklist. The checklist will be made available on the Resource Management Agency’s Forms website. (Added by Ord. No. 3618, effective 12-29-2022)
7-32-1050 REVIEW:
(a) The Building Official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Review of a complete permit application shall be limited to the Building Official’s review of whether it meets all health and safety requirements of local, state, and federal law. Local law requirements shall be limited to those standards and regulations necessary to ensure there is no specific, adverse impact on public health or safety by the proposed installation. For direct current fast chargers (DCFC), the review of a complete permit application will be a fifteen-business-day timeline.
(b) A permit application that satisfies the information requirements in the checklist, as adopted by the County, shall be deemed complete.
(c) A complete permit application and proposed installation that meets the required standards and approved checklist that does not have a specific, adverse impact on public health or safety shall not be denied.
(d) An applicant that provides an incomplete permit application shall be provided with a written correction notice detailing all deficiencies in the application and any information required to be eligible for expedited permit issuance.
(e) The Building Official may require an applicant to apply for an administrative special use permit (AA PSP) if the official makes a written finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety and conditions are necessary. The decision of the Building Official may be appealed to the Hearing Officer in accordance with the procedures of Ordinance No. 3606.
(f) The Director may not deny an application for an administrative special use permit, unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The Director’s written findings shall include the basis for the rejection of potential feasible alternatives or conditions for preventing the adverse impact. The decision of the Director may be appealed to the Local Appeals Board as provided in section 7-15-1050 of this Code.
(g) Any conditions imposed on an application shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. Government Code Section 65850.7 requires that the Building Official shall not condition the approval for any conditional use permit on the approval of such a system by an association, as that term is defined by Civil Code 4080.
(h) 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. (Added by Ord. No. 3618, effective 12-29-2022)