EXHIBIT A
CHAPTER 19.21
ELECTRIC VEHICLE CHARGING FACILITIES AND HYDROGEN VEHICLE
FUELING FACILITIES
19.21.010 PURPOSE
The purpose of this Chapter is to promote and encourage the development and use of zero-emission vehicle infrastructure by creating an expedited, streamlined permitting process that does not create unreasonable barriers to the installation of electric vehicle charging stations and hydrogen fueling stations while promoting public health and safety in a manner consistent with Government Code Section 65850.7. This Section does not discourage implementation of alternative fuels and energy systems within existing automobile service stations.
19.21.020 DEFINITIONS
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, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
B. A “small electric vehicle charging station” means a station that is designed and operated as a use ancillary to the primary permitted use on site (such as a single family residence, condominium, apartment, office building, commercial retail, parking lot, garage or structure) in order to deliver electricity to personal or commercial passenger vehicles and trucks owned or operated by individuals who either reside or work on the site or are guests on the site where the charging station is located.
C. A “large electric vehicle charging station” means a station that is designed and operated as the primary permitted use on the site in order to charge personal passenger vehicles and trucks and/or commercial passenger vehicles and trucks and which is open to the public, whether with or without the payment of fees, subscriptions or other monetary charges for the service. A “large electric vehicle charging station” includes the electrical and mechanical equipment as defined in Article 625 of the California Electrical Code, and any subsequent amendments, that is necessary to deliver electricity from a source outside and electric vehicle into a plug-in electric vehicle. It does not include ancillary equipment and facilities that are not directly necessary for the charging of plug-in electric vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sale kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this Ordinance and shall be subject to Administrative Architectural and Site Plan Review pursuant to Chapter 19.44 of the City of San Bernardino Development Code.
D. “Hydrogen Vehicle Fueling Station” or “Hydrogen station” means a station designed and operated as the primary permitted use on the site with the equipment used to deliver, store, and dispense hydrogen fuel to passenger or commercial vehicles according to industry codes and standards that is open to the public, whether with or without the payment of fees, subscriptions or other monetary charges for service. A “hydrogen vehicle fueling station” includes the physical and mechanical equipment, as defined in industry codes and standards, that is necessary to deliver, store and dispense hydrogen to passenger or commercial vehicles. It does not include ancillary equipment and facilities that are not directly necessary for the delivery, storage and dispensing of hydrogen to hydrogen fuelcell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities. Such ancillary equipment and facilities are not subject to the expedited application and permitting requirements of this ordinance and shall be subject to Administrative Architectural and Site Plan Review pursuant to Chapter 19.44 of the City of San Bernardino Development Code.
E. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written local, state or federal public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
F. “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 City on another similarly situated application in a prior successful application for a permit.
G. “Electronic submittal” means the utilization of one or more of the following:
1. Electronic mail or email.
2. The internet.
3. Facsimile.
19.21.030 ELECTRIC VEHICLE CHARGING FACILITIES AND HYDROGEN
VEHICLE FUELING FACILITIES
A. Applicability.
This Chapter applies to the permitting of all electric vehicle charging stations and hydrogen vehicle fueling stations in the City. Electric vehicle charging stations and hydrogen vehicle fueling stations legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a charging station or hydrogen stations in such a way as to require a new permit.
B. Electric Vehicle Charging Station Requirements.
1. An electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and where applicable, rules of the Public Utilities Commission and Southern California Edison (“SCE”) or other applicable local electric utility company regarding safety and reliability.
2. Installation of electric vehicle charging stations and associated wiring, binding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
C. Hydrogen Vehicle Fueling Station Requirements. A hydrogen vehicle fueling station shall meet all of the following standards, as applicable:
1. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.
2. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.
3. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the “Hydrogen Station Permitting Guidebook.” D. Expedited Permitting Process.
Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and hydrogen vehicle fueling stations and adopt checklists of all requirements with which electric vehicle charging stations and hydrogen vehicle fueling stations shall comply with in order to be eligible for expedited review. For electric vehicle charging stations, 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. For hydrogen vehicle fueling stations, the expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Hydrogen Station Permitting Handbook” as published by the Governor’s Office of Business and Economic Development. The City’s adopted checklist shall be published on the City’s website.
E. Permit Application Process.
1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station or hydrogen vehicle fueling station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to:
electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station or hydrogen station equipment and associated conduits/piping/ducting; and areas of charging station or hydrogen station equipment and vehicle circulation or parking.
2. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize, connect, fill or otherwise utilize an electrical vehicle charging station or hydrogen fueling station until approval and all necessary permits are granted by the City.
3. 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.
4. For an electric vehicle charging station, the Building Official shall issue the notice not later than:
(a) Five business days after submission of the application, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(b) Ten business days after submission of the application, if the application is for more than 25 electric vehicle charging stations at a single site.
If the Building Official fails to issue a written correction notice to the applicant within the time prescribed, the application shall be deemed complete.
5. A permit application for an electric vehicle charging station shall demonstrate compliance with Southern California Edison utility policies prior to approval.
6. The Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all form, applications, and other documentation in lieu of a wet signature by any applicant.
F. Permit Review.
1. The Building Official shall review all electric vehicle charging station and hydrogen vehicle fueling station applications to determine whether the charging station or hydrogen station meets all health and safety requirements of local, state, and federal law. The requirements in this Section are declared to be limited to those standards necessary to ensure that the charging station or hydrogen station will not have an unmitigated specific adverse impact on public health and safety.
Notwithstanding the expedited permit processing set forth in this Chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.
2. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist and is consistent with all applicable laws and safety standards, the Building Official shall, consistent with Government Code section 65850.7, as may be amended, approve the application and issue all necessary permits.
3. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station or hydrogen vehicle fueling station could have a specific, adverse impact upon the public health or safety, the City may deny the permit and require the applicant to apply for a conditional use permit pursuant to Chapter 19.36 of the City of San Bernardino Development Code. For an electric vehicle charging station, the Building Official shall issue the denial and finding not later than:
(a) Twenty business days after the application is deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
(b) Forty business days after the application is deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.
If the Building Official fails to issue to the applicant a written denial/finding and referral to the Planning Commission for a conditional use permit within the time prescribed, the application shall be deemed approved.
4. The Building Official’s decision may be appealed by the applicant to the Planning Commission by submitting a written request of review of such decision within five business days of such decision, requesting review of such decision by the Planning Commission. Such request shall be made in writing to the Community Development & Housing Department. Upon receipt of such request, the Community Development & Housing Department shall schedule the matter for Planning Commission review and shall forward to the Planning Commission for its consideration all of the documents and materials submitted with the permit application, together with a report of the decision of the Building Official and the reasons therefor. The Planning Commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. If the Planning Commission finds that there is not substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order issuance of the permits for the charging station or hydrogen station. If the Planning Commission finds that there is substantial evidence of a specific, adverse impact upon the public health or safety, the Planning Commission shall order that the applicant apply for a conditional use permit pursuant to Chapter
19.36 of the City of San Bernardino Development Code.
5. Notwithstanding any provision of Chapter 19.36 to the contrary, an application for a conditional use permit to install an electric vehicle charging station or hydrogen vehicle fueling station shall not be denied unless the Planning Commission 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 findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission’s decision may be appealed by the applicant to the City Council in the manner provided by Chapter
19.52 of the City of San Bernardino Development Code.
6. Any conditions imposed by the Building Official, Planning Commission or the City Council shall be designed to mitigate the specific adverse impact(s) upon the public health or safety at the lowest cost possible.
7. In the technical review of an electric vehicle charging station or hydrogen vehicle fueling station application, the Building Official, Planning Commission, or City Council shall not condition the approval of such a station by an association, as that term is defined in California Civil Code Section 4080.
G. Additional Objective Health and Safety Standards for Electric Vehicle Charging Stations and Hydrogen Vehicle Fueling Stations.
1. Building setbacks: Same as underlying zoning.
2. Amenities. Amenities and other ancillary equipment and facilities that are not directly necessary for the charging of plug-in electric vehicles from an outside source, or the delivery, storage or dispensing of hydrogen to hydrogen fuel-cell vehicles, including but not limited to, canopies (with or without solar panels), patronage resting facilities, commercial sales kiosks or buildings, public restrooms, family amenities or pet amenities, are not subject to the expedited application and permitting requirements of this ordinance but shall be subject to Administrative Architectural and Site Plan Review pursuant to Chapter 19.36 of the City of San Bernardino Development Code.
3. Building Height: Same as underlying zoning.
4. Security: All large electric vehicle charging stations and hydrogen fueling stations shall include a security plan subject to review and approval by the Community Development & Housing Department and the Police Department. The security plan may include, but is not limited to a security surveillance system, security personnel, or a perimeter wrought iron or tubular steel fence with visibility into the facility at a maximum height of 8 feet.
5. Vehicle Types and Circulation/Parking: The applicant shall identify the vehicle types served by the station.
(a) Access/Internal Circulation/ Egress from the Site. The applicant shall provide appropriate truck and other vehicle turning templates on plan subject to review and approval by the City Planning Division and Public Works Engineering/Traffic.
(b) Driveways, parking, and queuing areas shall comply with all Fire Codes, Traffic Engineering and Planning/Zoning requirements.
(c) All proposed signage for the station shall be subject to Chapter 19.22 of the City of San Bernardino Development Code.
H. Fees.
The City Council may establish by resolution fees that shall be charged for permits issued under this Chapter.