Ordinance Number 1050ORDINANCE NO. 1050
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF TITLE 8
OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY ADDING
CHAPTER 19 TO SET FORTH AN EXPEDITED, STREAMLINED
PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING SYSTEMS
WHEREAS, the State of California and the City of San Juan Capistrano
have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and
WHEREAS, the State of California recently adopted Assembly Bill 1236,
which requires local agencies to adopt an ordinance that creates an expedited and
streamlined permitting process for electric vehicle charging systems; and
WHEREAS, creation of an expedited, streamlined permitting process for
electric vehicle charging stations would facilitate convenient charging of electric vehicles
and help reduce reliance on environmentally damaging fossil fuels; and
WHEREAS, Government Code Section 65850.7(g)(1) provides that, on or
before September 30, 2017, every city, county, or city and county with a population of less
than 200,000 residents shall adopt an ordinance consistent with the goals and intent of
Government Code Section 65850.7(a); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA)
and the State of California Guidelines for Implementation of CEQA (commencing with
Section 15000 of Title 14 of the California Code of Regulations), the City is the "lead
agency" for the preparation and consideration of environmental documents for this
ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is
exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only
to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA..
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City of San Juan Capistrano City Council hereby finds and
determines that the above recitals are true and correct and incorporated herein.
SECTION 2. This ordinance is not subject to CEQA because the adoption of
this ordinance is not a "project" pursuant to Section 15060 ( c )(2) and 15060 ( c )(3) of
Title 14 of the California Code of Regulations. Specifically, this ordinance only establishes
a streamline process for electric vehicle charger permits and is merely authorizing
administrative activities which will not result in a direct or reasonably foreseeable indirect
physical change in the environment.
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SECTION 3. Chapter 19 of Title 8is added to the City of San Juan Capistrano Municipal
Code to read in full as follows:
Chapter 19 ELECTRIC VEHICLE CHARGING SYSTEMS EXPEDITED, STREAMLINED
PERMITTING PROCESS
8-19.01. Definitions
A. "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.
B. "Speck 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.
C. "Electronic submittal" means the utilization of one or more of the following:
a. Electronic mail
b. The Internet
c. Facsimile
8-19.02 Purpose
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.
8-19.03 Applicability
This ordinance applies to the permitting of all electric vehicle charging systems in the City
of 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 ordinance 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.
8-19.04 Electric Vehicle Charging System Requirements
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.
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B. Installation of electric vehicle charging stations shall be incorporated into the
f 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.
8-19.05 Duties of the Building Division and the Building Official
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
Lreview.
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.
8-19.06 Permit Review Requirements
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.
I� 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.
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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 fifteen (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 at, sec. ].
SECTION 4.
If any section, sentence, clause, phrase, or portion of this ordinance is for any reason held
to be invalid or unenforceable by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares it would have adopted this Ordinance, and each section, subsection, subdivision,
sentence, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases thereof be declared invalid or
unconstitutional.
SECTION 5. The mayor shall sign this ordinance and the city clerk shall
attest and certify to the passage and adoption of it, and within fifteen (15) days, publish in
the Capo Valley News, a weekly newspaper of general circulation, printed, published, and
circulated in the City of San Juan Capistrano and thirty (30) days thereafter it shall take
effect and be in force.
PASSED, APPROVED, AND ADOPTED this 171" day of October 2017.
ATTEST;
RIA MORRIS, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1050 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 3d day of October 2017, and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 17`h day of
October 2017, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Maryott, Patterson, Reeve, Farias and Mayor Ferguson
NOES COUNCIL MEMBERS: None
ABSE T TZ IL MEMBERS: None
a
MARIA MOR IS ITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Code section 36933(1) of
the State of California, on the 4" day of October 2017, at least 5 days prior to the
adoption of the ordinance, I caused to be posted a certified copy of the proposed
ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF
TITLE S OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY
ADDING CHAPTER 19 TO SET FORTH AN EXPEDITED, STREAMLINED
PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING
SYSTEMS
This document was posted in the Office of the City Clerk
M IA MORRIS, CITY CLERK
San uan Capistrano, California
01050
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO ]
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; that in compliance with State laws, Government Code section 36933(1) of
the State of California.
On the 23rd day of October 2017, 1 caused to be posted a certified copy of Ordinance
No. 1050, adopted by the City Council on October 17, 2017, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF
TITLE 8 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY
ADDING CHAPTER 19 TO SET FORTH AN EXPEDITED, STREAMLINED
PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING
SYSTEMS
This document was posted in the Office of the City Clerk
-�
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
01050
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