Electric Vehicle Charging Stations
San Diego Municipal Code § 141.0419
in effect§141.0419 Electric Vehicle Charging Stations
Electric vehicle charging stations are facilities that supply electric energy for the recharging of electric vehicles as defined in Section 86.0151(a). Nothing in Section 141.0419 grants any deviation from the Environmentally Sensitive Lands Regulations (Chapter 14, Article 3, Division 1) or Historic Resource Regulations (Chapter 14, Article 3, Division 2).
Electric vehicle charging stations are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the following regulations. The regulations are intended to facilitate the use of electric vehicle charging stations and to comply with state law requirements for timely administrative approvals and allow an applicant to appeal a denial of an application of a construction permit for an electric vehicle charging station.
(a) A construction permit decided in accordance with Process One shall be required for the installation of an electric vehicle charging station.
(1) An Electrical Permit shall be required for the installation of an electric vehicle charging station.
(2) A Building Permit may be required if alterations will be made to an existing structure or to modify or relocate an existing disabled accessible parking space serving the premises.
(3) The construction permit application shall be submitted in accordance with Sections 112.0102 and 129.0105.
(4) Within a planned district (subject to Land Development Code Charter 15), a separate Planned District Ordinance Permit shall not be required in addition to the construction permit required pursuant to Section 141.0419.
(b) In reviewing the construction permit, the Building Official shall evaluate only whether the electric vehicle charging station meets all applicable health and safety requirements of local, state, and federal law and shall apply the following general regulations:
(1) Electric vehicle supply equipment shall be listed and labeled by an approved nationally recognized testing laboratory.
(2) Electric vehicle charging stations may encroach into setbacks where off-street parking spaces are permitted.
(3) Existing landscaping shall not be removed if it is required pursuant to the Landscape Regulations (Chapter 14, Article 2 Division 4), unless it is replaced with equivalent or greater landscape elsewhere on the premises.
(4) The applicant shall demonstrate that an electric vehicle charging station on private property will accommodate a vehicle to be charged while parked without protruding into the public right-of-way.
(5) Electric vehicle charging stations located within the public right-of-way shall comply with Section 86.0151.
(c) The Building Official shall approve, in accordance with Process One, the electric vehicle charging station unless the Building Official determines there is substantial evidence of a specific adverse impact upon the public health or safety, which for the purpose of Section 141.0419(c) 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, and there is no feasible method or alternative to satisfactorily mitigate or avoid the specific, adverse impact.
(d) If the Building Official determines that the proposed electric vehicle charging station could have a specific, adverse impact upon public health or safety, then the Building Official shall make written findings notifying the applicant that the construction permit for the electric vehicle charging station is denied, the basis for that denial, and the appeal rights set forth in Section 141.0419(e). The applicant shall be responsible for all administrative costs associated with processing the appeal.
(e) Notwithstanding Section 112.0504, an applicant may appeal the denial of an application for a construction permit for an electric vehicle charging station to the Planning Commission by filing an application for a Process Two appeal hearing with the City Manager no later than 12 business days after the decision date. The application shall include the contents for appeal identified in Section 112.0510(a).
(1) Grounds for Appeal. A denial may only be appealed on the grounds that the stated findings to deny the construction permit are not supported by substantial evidence.
(2) Scheduling an Appeal Hearing. The City Manager shall assign a date for an appeal hearing before the Planning Commission no later than 30 calendar days after the date on which an application for the appeal hearing is filed with the City Manager.
(3) Power to Act on the Decision at Appeal Hearing. The Planning Commission may affirm, reverse, or modify the decision to deny an electric vehicle charging station in accordance with the following:
(A) A decision to affirm the Building Official decision requires a finding based on substantial evidence in the record that the proposed electric vehicle charging station 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. In addition, the finding shall include the basis for rejection of potential feasible alternatives to prevent the adverse impact.
(B) If the Planning Commission determines that there is not substantial evidence in the record that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health or safety, then the decision shall be reversed and the construction permit shall be approved.
(C) If the Planning Commission determines that conditions of approval would mitigate the specific, adverse impact upon the public health or safety, then the decision shall be reversed and the construction permit shall be conditionally approved. Any conditions imposed shall mitigate at the lowest cost possible.
(“Electric Vehicle Charging Stations” added 4-5-2016 by O-20634 N.S.; effective 5-5-2016.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter14/Ch14Art01Division04.pdf#page=24Fetched: 10/28/2026