“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 the effective date of this Chapter,
and delivers electricity from a source outside an electric vehicle
into a plug-in vehicle.
“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. No. 1050 § 3, 2017)
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 while promoting public
health and safety and preventing specific adverse impacts in the installation
and use of such charging stations.
(Ord. No. 1050 § 3, 2017)
This chapter applies to the permitting of all electric vehicle
charging systems in the City of San Juan Capistrano. Electric vehicle
charging systems legally established or permitted prior to the effective
date of this ordinance 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 system in such a way as to require new permitting.
Routine operation and maintenance or like-kind replacements shall
not require a permit.
(Ord. No. 1050 § 3, 2017)
(a) All
electric vehicle charging systems 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 regarding safety and reliability.
(b) 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.
(c) 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.
(d) 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.
(Ord. No. 1050 § 3, 2017)
(a) All
documents required for submission of an electric vehicle charging
system application shall be made available on the publicly accessible
City of San Juan Capistrano website.
(b) The
City of San Juan Capistrano shall adopt a checklist of all requirements
with which electric vehicle charging systems shall comply to be eligible
for expedited review.
(c) The
electric vehicle charging system permit process and checklist shall
substantially conform to recommendations contained in the most current
version of the Plug-In Electric Vehicle Infrastructure Permitting
Checklist contained in the Zero-Emission Vehicles
in California: Community Readiness Guidebook adopted by the
Governor’s Office of Planning and Research.
(d) The
Building Official shall allow the electronic submittal of the electric
vehicle charging station application.
(Ord. No. 1050 § 3, 2017)
(a) Review
of the permit application shall be limited to the Building Official’s
review of whether the application meets local, state and federal health
and safety requirements. The application shall be administratively
reviewed by the Building Official as a nondiscretionary permit.
(b) The
City shall not condition approval of an application on the approval
of an association, as that term is defined by
Civil Code Section 4080.
(c) An
application for an electric vehicle charging station shall be deemed
complete and the permit available for issuance, when the Building
Official determines that the application satisfies all the requirements
found in the checklist.
(d) If
an application is deemed incomplete, a written plan check correction
notice will be available to the applicant detailing all deficiencies
in the application and any additional information or documentation
required to be eligible for expedited permit issuance shall be given
to the applicant for resubmission.
(e) The
Building Official may require an applicant to apply for a 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. The Building Official’s
decision to require a use permit may be appealed by the applicant
to the Planning Commission. The appeal shall be filed within 15 calendar
days of the Building Official’s decision.
(f) If a use permit is required, the application for the use permit may be denied if 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. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the specific, adverse impact. Such decisions may be appealed to the City Council pursuant to Section
1-4.01 et seq.
(Ord. No. 1050 § 3, 2017)