Rancho Santa Margarita Municipal Code Ch. 10.10 Electric Vehicle Charging Station Permits

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. This Chapter is also intended to comply with Government Code § 65850.7.

(Ord. No. 17-04, § 1, 9-27-2017)

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 system. Routine operation and maintenance or like-kind replacements of electric vehicle charging stations shall not require a permit.

(Ord. No. 17-04, § 1, 9-27-2017)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Building Department means the Building and Safety Division of the Development Services Department for the City of Rancho Santa Margarita.

Building Official means the Building Official for the City of Rancho Santa Margarita.

City means the City of Rancho Santa Margarita.

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 expedited review means the process outlined in Section 10.10.060 (Application Submittal and Expedited Review Process).

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 similar 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. 17-04, § 1, 9-27-2017)

(a) All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the City, the Orange County Fire Authority, and the State of California.

(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. No. 17-04, § 1, 9-27-2017)

(a) The Building and Safety Division shall develop and implement a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and 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" as published by the Governor's Office of Planning and Research. The Building and Safety Division may develop and implement more than one checklist to differentiate the requirements for expedited review of commercial and residential applications.

(b) All documents required for the submission of an expedited electric vehicle charging station application, including the checklist(s), shall be made available on the City's website.

(c) 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.

(d) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(Ord. No. 17-04, § 1, 9-27-2017)

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 § 65850.7, 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.

(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 Commission in accordance with Section 9.08.100 of this Code.

(d) Any condition imposed on an application for an electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(e) The Building Official may not deny an application for an electric vehicle charging station use permit unless the Building Official 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 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 Commission in accordance with Section 9.08.100 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. No. 17-04, § 1, 9-27-2017)