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San Clemente, CA Parking Rules: EV Charging (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted
Ordinance No. 1792, effective June 3, 2025
State authority
Government Code § 65850.7
Review type
Nondiscretionary, administrative Building Official review
Use-permit appeal window
15 calendar days to Planning Commission
Grandfathered systems
Pre-chapter installs exempt unless materially altered

Summary

San Clemente must issue electric vehicle charging station permits through a nondiscretionary, expedited process under Municipal Code Chapter 15.19, implementing state Government Code Section 65850.7. The Building Official reviews applications administratively against a published checklist and can require a discretionary use permit only on a written finding of a specific, adverse safety impact.

The purpose of this Chapter is to comply with Government Code Section 65850.7 and 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. ... The Building Official may require an applicant to apply for a use permit if the Building Official finds in writing, based on substantial evidence, that the electric vehicle charging station would have a specific, adverse impact upon the public health or 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 15 calendar days of the Building Official's decision.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Traffic: Supplement 30 | Code of Ordinances: Supplement 66 Update 1).

Full Breakdown

Chapter 15.19, added by Ordinance No. 1792 on June 3, 2025, sets up San Clemente's expedited, streamlined permitting process for electric vehicle charging stations, as required by Government Code Section 65850.7. Section 15.19.020 states the purpose is to comply with that state law and promote EV use while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. The chapter applies to all EV charging systems citywide under Section 15.19.030; systems already permitted before the chapter's effective date are grandfathered unless they undergo physical modifications that require new permitting, and routine maintenance or like-kind replacement never needs a new permit.

Under Section 15.19.050, the city must post all required application documents on its public website, adopt an expedited-review checklist by council resolution modeled on the state's Plug-In Electric Vehicle Infrastructure Permitting Checklist, and accept electronic submittals by email, internet portal or fax. Section 15.19.060 makes review of a complete application a nondiscretionary permit, limited to whether it meets local, state and federal health and safety requirements, and bars the city from conditioning approval on association (HOA) approval. If the Building Official finds in writing, based on substantial evidence, that an installation would have a specific, adverse impact on public health or safety, defined in Section 15.19.010 as a significant, quantifiable, direct and unavoidable impact based on objective written standards, the applicant can be routed instead to a discretionary use permit before the Planning Commission. That decision to require a use permit may be appealed to the Planning Commission within 15 calendar days, and a Planning Commission denial of the use permit itself can be appealed further to the City Council under Government Code Section 65850.5.

Violations & Fines

There is no separate penalty clause in Chapter 15.19; installing or operating a charging station before the Building Official grants approval, in violation of Section 15.19.050(E), is enforced like any other Municipal Code violation under Section 1.16.010, as a misdemeanor punishable by up to $1,000 and six months in jail or, if charged as an infraction, escalating fines of $100 to $500 for repeat violations within a year.

Frequently Asked Questions

Can San Clemente deny a home EV charger permit outright?
Not through ordinary review. Section 15.19.060 makes the permit nondiscretionary: the Building Official can only check compliance with health and safety codes. Only a written finding of a specific, adverse public health or safety impact lets the city require a discretionary use permit instead, and even that decision can be appealed.
Does San Clemente require HOA approval for a charging station permit?
No. Section 15.19.060(B) bars the city from conditioning approval of an EV charging station application on approval from an association, as defined in Civil Code Section 4080.
What if my EV charger was installed before the ordinance?
Section 15.19.030 grandfathers charging systems legally installed before the chapter took effect on June 3, 2025. They stay exempt from the new permitting process unless later physical modifications materially change the system's size, type or components in a way that requires new permitting.

Sources & Official References

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