Laguna Woods Municipal Code Ch. 10.34 Electric Vehicle Charging Stations

The purpose and intent of this chapter is to:

(a) Provide for clear, expedited procedures for the application and permitting of electric vehicle charging stations;

(b) Ensure the design and location of electric vehicle charging stations are consistent [with] all health and safety requirements of local, state, and federal law;

(c) Ensure that electric vehicle charging stations do not create specific, adverse impacts on public health or safety; and

(d) Comply with State policy to achieve the timely and cost effective installation of electric vehicle charging stations, as required by Government Code § 65850.7, and as may be amended from time to time.

(Ord. No. 17-08, § 3(Exh. A), 9-20-2017)

The following definitions shall govern the meaning of words and phrases used in this chapter:

(a) Application checklist shall mean the rules, regulations, guidelines, and checklist adopted by resolution of the City Council that set forth implementing and additional requirements for electric vehicle charging stations consistent with Government Code § 65850.7, including any non-substantive and clarifying revisions to the same, which may be adopted administratively by the Building Official from time to time.

(b) Building Official shall mean the City's Building Official or his or her designee.

(c) Electric vehicle charging station shall have the same meaning as the term is defined in subsection (i)(3) of Government Code § 65850.7, as amended from time to time or replaced by a successor statute.

(d) Electronic submittal shall have the same meaning as the term is defined in subsection (i)(2) of Government Code § 65850.7, as amended from time to time or replaced by a successor statute.

(e) EVCS permit shall mean a particularized building permit for the erection, construction, installation, alteration, or replacement of an electric vehicle charging station.

(f) Feasible method to satisfactorily mitigate or avoid the specific, adverse impact shall have the same meaning as the term is defined in subsection (i)(1) of Government Code § 65850.7, as amended from time to time or replaced by a successor statute.

(g) Specific, adverse impact shall have the same meaning as the term is defined in subsection (i)(4) of Government Code § 65850.7, as amended from time to time or replaced by a successor statute.

(Ord. No. 17-08, § 3(Exh. A), 9-20-2017)

(a) This chapter applies to the permitting of all electric vehicle charging stations within the City.

(b) All electric vehicle charging stations shall require an EVCS permit issued in accordance with the provisions of this chapter. It shall be unlawful for any person to erect, construct, install, alter, or replace an electric vehicle charging station without a required permit being secured from the Building Official by the owner or owner's agent.

(c) Any electric vehicle charging station established or permitted prior to the effective date of this chapter shall not require an EVCS permit, unless physical modifications or alterations are undertaken that materially change the type, size, components, capacity, or dimensions of the electric vehicle charging station. Routine operation and maintenance, or like-kind replacements of components in the normal course of usage, shall not be considered a material change.

(Ord. No. 17-08, § 3(Exh. A), 9-20-2017)

(a) All documents required for the submission of an EVCS permit application shall be made available on the City's website. The applicant may submit the permit application and associated documentation to the City in-person or by electronic submittal, together with any required permit processing and inspection fees. For electronic submittal, the City shall accept an electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant to the extent permitted by law and to the extent such electronic submittal complies with the requirements set forth in this chapter and the application checklist.

(b) Any electric vehicle charging station erected, constructed, installed, altered, or replaced shall comply with all provisions of applicable health and safety standards and requirements of local, state, and federal law, including this Code.

(c) Any electric vehicle charging station erected, constructed, installed, altered, or replaced 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. No. 17-08, § 3(Exh. A), 9-20-2017)

(a) The Building Official shall implement an administrative review process to expedite review and approval of applications for EVCS permits. The Building Official's review shall be limited to the compliance of the electric vehicle charging station with local, state, and federal health and safety requirements, and the mitigation or elimination of any specific, adverse impact upon public health or safety. Where an application meets the requirements of this chapter and the application checklist, and where there are no specific, adverse impacts upon public health or safety, the Building Official shall deem the application complete and issue the permit, which shall be non-discretionary. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(b) In the event that the Building Official finds a specific, adverse impact upon public health and safety, the applicant for the EVCS permit may be required to pursue a discretionary use permit under Section 13.24.020 of this Code. Such use permit review shall be limited, however, to the compliance of the electric vehicle charging station with local, state, and federal health and safety requirements, and the mitigation or elimination of any specific, adverse impact upon public health or safety. Any condition imposed on an applicant for an EVCS permit shall be designed to implement feasible mitigation to eliminate or materially reduce the specific, adverse impact at the lowest cost possible. A use permit shall not be denied unless written findings are made 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 of preventing the adverse impact.

(c) The decision of the Building Official pursuant to subsections (a) and (b) above may be appealed to the Planning Commission in accordance with the procedure set forth in Section 13.24.050 of this Code.

(Ord. No. 17-08, § 3(Exh. A), 9-20-2017)

The City shall not condition approval for any electric vehicle charging station permit on the approval of the system by an "association," as that term is defined in the Civil Code Section 4080. Notwithstanding the foregoing, applicants for City approval of electric vehicle charging stations should be aware that the City will require association approval when the association owns the property on which the electric vehicle charging station will be located, and that association approval may be separately required by the association under the circumstances set forth in the Civil Code Section 714.1 (e.g., the electric vehicle charging station will be located in a "common area," as defined in the Civil Code sections 4095 or 6532, or the electric vehicle charging station will be located on another person's "separate interest," as defined in the Civil Code sections 4185 or 6564). It is the applicant's responsibility to determine whether an association's approval is required for an electric vehicle charging station and, if so, to comply with any and all association approval requirements.

(Ord. No. 17-08, § 3(Exh. A), 9-20-2017)