A. It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to their permitting, while maintaining authority of the Building Official to address higher priority life-safety situations, consistent with Cal. Gov’t Code § 65850.7. If the Building Official makes a specific, written finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, as defined in this chapter, the city may require the applicant to apply for a use permit. No complete application satisfying the requirements of this chapter shall be denied unless the city makes written findings, based on substantial evidence, 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”, (as that term is defined in Ca. Gov’t Code § 65850.7(i)(1)).
B. Any decision of the Building Official to impose conditions or deny a permit may be appealed in accordance with the procedures established by the Board of Appeals, as set forth in Appendix B of the City Building Code, or any successor provisions thereto.
C. In the technical review of a charging station permit application, consistent with Cal. Gov’t Code § 65850.7, the Building Official shall not condition the approval for any such permit on the approval of such system by an association, as that term is defined by Civil Code § 4080.
(Ord. 1194, passed 10-3-17)