Chapter 10-72
ELECTRIC VEHICLE CHARGING STATION PERMITS
Sections:
10-72.040 Electric vehicle charging station requirements.
10-72.050 Applications and documents.
10-72.060 Application submittal and expedited review process.
10-72.010 Intent and purpose.
The intent and purpose of this chapter is to adopt an expedited, streamlined electric vehicle charging station permitting process that complies with Government Code Section 65850.7 to achieve timely and cost-effective installations of electric vehicle charging stations. This chapter is designed to encourage the installation and use of electric vehicle charging stations by removing barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install such systems. This chapter allows the city to achieve these goals while protecting the public health and safety. (Ord. 2017-6 § 3 (part))
10-72.020 Applicability.
This chapter applies to the permitting of all electric vehicle charging stations in the city. Electric vehicle charging stations legally established or permitted prior to the effective date of 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 electric vehicle charging station in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements of an electric vehicle charging station with no structural alterations shall not require a permit. (Ord. 2017-6 § 3 (part))
10-72.030 Definitions.
As used in this chapter:
“Building Department” means the Building and Safety Division of the Community Development Department for the city of Laguna Hills.
“Building Official” means the Building Official for the city of Laguna Hills.
“City” means the city of Laguna Hills.
“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 as of October 8, 2015, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
“Electronic submittal” means the utilization of one or more of the following:
1. Email.
2. The Internet.
3. Facsimile.
“Expedited permitting” and/or “expedited review” means the process outlined in Section 10-72.060, Application submittal and expedited review process.
“Feasible method to satisfactorily mitigate or avoid a 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 for an electric vehicle charging station.
“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 was deemed complete. (Ord. 2017-6 § 3 (part))
10-72.040 Electric vehicle charging station requirements.
A. All electric vehicle charging stations shall meet all applicable health and safety standards and regulations imposed by the city, the Orange County Fire Authority, and the state of California necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety.
B. All 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 accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. 2017-6 § 3 (part))
10-72.050 Applications and documents.
A. All documents required for the submission of an expedited electric vehicle charging station application, including the checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review, shall be made available on the city’s website.
B. Electronic submittal of the required application and documents via email, the city’s website, or facsimile shall be made available to all electric vehicle charging station permit applicants.
C. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
D. The Building Official, with prior written approval of the city’s Community Development Director, shall develop and implement a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The checklist shall include, but may not be limited 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 Office of Planning and Research. The city reserves its right to modify the checklist and standards found in the Guidebook due to unique climactic, geological, seismological, or topographical conditions. (Ord. 2017-6 § 3 (part))
10-72.060 Application submittal and expedited review process.
The Building Department shall implement the following administrative, nondiscretionary review process to expedite the approval of an application to install an electric vehicle charging station.
A. An application that satisfies the information requirements in the city’s checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the application and supporting documents meet the requirements of the city’s checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended from time to time, administratively approve the application and issue all necessary permits.
B. If an application for an electric vehicle charging station is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permitting shall be sent to the applicant for resubmission.
C. The Building Official may require an applicant to apply for an electric vehicle charging station use permit if the Building 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 Agency in accordance with Chapter 9-96 (Hearings and Appeals) of this code.
D. Any conditions imposed on an application to install an electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest possible cost.
E. The Building Official may not deny an application for an electric vehicle charging station 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. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact. Such decisions may be appealed to the city Planning Agency in accordance with Chapter 9-96 (Hearings and Appeals) of this code.
F. Approval of an application for an electric vehicle charging station shall not be based or conditioned on the approval of an association, as defined in Section 4080 of the Civil Code, that manages a common interest development. (Ord. 2017-6 § 3 (part))