Laguna Niguel Municipal Code Art. 12 Electric Vehicle Charging Stations Permit

The purpose of this article is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle ("EV") charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section is also intended to comply with California Government Code Sections 65850.7 and 65850.71, including successor statutes and amendments thereto.

(Ord. No. 2018-193, § 2, 4-3-18; Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

(a) This article applies to the permitting of all electric vehicle charging station systems in the city, as that term is defined in this article.

(b) Electric vehicle charging station systems legally established or permitted prior to the effective date of this article are not subject to the requirements of this article unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station system. Routine operation and maintenance or like-kind replacements of electric vehicle charging stations shall not require a permit.

(c) Electric vehicle charging stations shall comply with the design and development standards established in section 9-1-67 of this Code.

(d) Should this article conflict with any permit processing requirements specified in any other chapter of the Laguna Niguel Municipal Code, this article shall take precedence.

(Ord. No. 2018-193, § 2, 4-3-18; Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

The following words and phrases as used in this article are defined as follows:

Building department means the Building and Safety Division of the Community Development Department for the City of Laguna Niguel.

Building official means the Building Official for the City of Laguna Niguel. City means the City of Laguna Niguel.

Electric vehicle charging station or charging station means any level of electric vehicle supply equipment that is designed and built in compliance with Article 625 of the California Electrical Code, or any successor regulation, 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; or

(3) Online permit portal.

Feasible method means any method to satisfactorily mitigate or avoid a specific, adverse impact, which may include, 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.

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. 2018-193, § 2, 4-3-18; Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

(a) All electric vehicle charging station systems shall meet applicable health and safety standards and requirements imposed by the city, local fire department (Orange County Fire Authority), and the State of California.

(b) Electric vehicle charging station systems 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 rules of Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

(c) Installation of EV 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) Installation of EV 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. EV charging equipment shall be considered a continuous load.

(e) Anchorage of either floor-mounted or wall-mounted EV 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. 2018-193, § 2, 4-3-18; Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

(a) All documents required for the submission of an electric vehicle charging station application, including the checklist of submittal requirements for expedited review, shall be made available on the city's website and made available during business hours at the building department.

(b) Electronic submittal of the required permit application and associated supporting documents by electronic means 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) Prior to submitting an application for processing, the applicant shall verify that the installation of an EV charging 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 equipment and associated conduits; areas of charging station equipment and vehicle parking.

(Ord. No. 2018-193, § 2, 4-3-18; Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)

(a) The building division shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The city's adopted checklist shall be published on the city's website.

(b) 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 division 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 division shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the EV charging station until approval is granted by the city.

(c) 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.

(d) 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. 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 city may require the applicant to apply for a minor use permit.

(e) If a minor use permit is required, the city may not deny an application for an electric vehicle charging station minor use permit unless the city makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such finding shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact. Such decisions may be appealed to the planning commission in accordance with section 9-1-112 of this Code.

(f) Any conditions imposed on an application to install electric vehicle charging station system shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(g) The City shall not condition approval of an electric vehicle charging station system permit on the approval of an association, as defined in Section 4080 of the Civil Code, that manages a common interest development.

(Ord. No. 2018-193, § 2, 4-3-18; Ord. No. 2024-228, § 3(Exh. 1), 5-21-24)