Attachment 3
Regulatory Framework for Alternative Vehicle Charging Stations in Neighboring Cities Report Date: March 21, 2024
Staff have researched similar cities and cities that have alternative fuel service stations or electric charging stations. The language around “alternative fuel auto charging stations” is limited to whether alternative fuel stations are permitted in certain zones. In most cases does not delve into development details or parameters outside of commercial and retail regulation. In many cases, it is permitted as an incidental auto use for development or industrial oriented ones regardless of the type of vehicles being sold.
Regulation regarding commercial/ retail lot sizes, setbacks, etc. varied based on municipality. Staff researched the following cities:
City Area Population
(2020)
Zoning Code
Use
Classification
Language for
Alt. Energy
Charging
(Yes/ No)
Alt. Energy
Charging
(Yes/ No)
1. Emeryville 2.25 sq mi 12,905 - -
2. Berkeley 17.7 sq mi 124,321 Yes Yes
3. Palo Alto 26.00 sq mi 68,572 No Yes
4. Corte Madera 4.40 sq mi 10,222 No Yes
5. Fremont 88.46 sq mi 230,504 Yes Yes
The following will articulate whether is there is language or mention of an alternative EV Charging Station or Alternative fuel service station in the zoning code.
Berkeley
The City has a couple of classifications and language for fueling stations including “Alternative Fuel,” “Electric Vehicle Charging,” and “Gasoline/ Vehicle Fuel Station.”
23.502.020.A.15. Alternative Fuel Station. Any establishment that dispenses alternative fuel as defined by the Energy Policy Act of 2005.
23.502.020.E.2. Electric Vehicle Charging Station. A facility that supplies electric energy for the recharging of plug-in electric vehicles.
23.502.020(G)(2) Gasoline/Vehicle Fuel Stations. An establishment that dispenses gasoline, diesel or other similar fuel into vehicles.
Excludes alternative fuel stations and electric vehicle charging stations.
Alternative Fuel Stations and EV Charging Stations are permitted in Commercial and Manufacturing districts. Berkeley has “Expedited Electric Vehicle Charging Station Permitting” for the building of new charging stations ( 19.15.010)
Land Uses
AUP =
Administrative
Use Permit
UP(PH) = Use
Permit
-- = Permitted
with an AUP
NP = Not
Permitted
[#] = Floor
Area Permit
Requirement
* Use-Specific
Standards
Apply
Manufacturing
Districts
(Table 23.206-1)
Commercial Districts
(Table 23.204-1)
Manufacturing (M)
Mixed Manufacturing (MM)
Mixed Use-Light Industrial (MU-LI)
Mixed Use-Residential (MU-R)
Corridor Commercial (C-C)
C-U University Commercial
Neighborhood Commercial (C-N)
Elmwood Commercial (C-E)
North Shattuck Commercial (C-NS)
South Area Commercial (C-SA)
Telegraph Avenue Commercial (C-T)
Solano Avenue Commercial (C-SO)
Downtown Mixed-Use District. (C-DMU)
West Berkeley Commercial (C-W)
Adeline Corridor Commercial (C-AC)
Alternative
Fuel Station
AUP [4]AUP [4]AUP [4]
AUP
UP(PH)UP(PH)UP(PH)
NP
UP(PH)UP(PH)
NP*
UP(PH)
NP
AUP*
UP(PH)
Gasoline Fuel
Stations
NPNPNPNP
UP(PH)UP(PH)UP(PH)
NP
UP(PH)UP(PH)
NP*
UP(PH)
NP
UP(PH)*
UP(PH)
Electric
Vehicle
Charging
Station
AUPAUPAUPAUPAUPAUPAUPAUPAUP
AUP*
AUP
[4]Requires a Use Permit for uses more than 20,000 sq. ft. Table 23.206-1) [8]Requires a Use Permit for uses 20,000 sq. ft. to 40,000 square feet. Table 23.206-1) Note: Table has been edited to for ease of use.
Palo Alto
The City does not define any kind of alternative fuel station as a separate land use classification but does define “Automobile Service Stations” (18.04.030.A.13). As part of the California Green Building Standards Code appendices the city defines EV Charging;
16.14.440. A.1. "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 electric vehicle.
Electric Vehicle (EV) Charging development is voluntary however the design standard must follow the Section 4.106.4 of the California Green Building Standards Code.
Land Use
P = Permitted Use
CUP = Conditional Use
Permit Required
Commercial
(18.16.040 Land Uses Table 1)
Office, Research, And
Manufacturing
(18.20.030 Land Uses Table 1)
Neighborhood Commercial [CN] (4)Community Commercial [CC] / Community Commercial (2) Subdistrict [CC(2)]Service Commercial [CS] (4)General Manufacturing District [GM]Research Park District [RP] / Research Park Subdistrict 5 [RP(5)] RP RP(5) Automobile Service
Stations
CUP CUP CUP
Automobile Service
Stations, subject to site
and design review in
accord with the
provisions of Chapter
18.30(G)
CUP CUP
Note: Table has been edited to for ease of use.
Corte Madera
The City does not define any kind of alternative fuel station as a separate land use classification but does define “Service Stations” (18.04.695). Corte Madera has “Expedited Electric Vehicle Charging Station Permitting” for the building of new charging stations (15.90.010). The charging stations are permitted throughout the city regardless of zone as long as it approved by Building Division, compiles with electrical requirements, and does not endanger the public’s health and safety.
Land Use Commercial Districts
18.12.020 Table 1
Local
Shopping
C-1
Regional
Shopping
C-2
Highway
Commercial
C-3
Commercial
Service
C-4
Service stations X X X X
Service stations with a
mini-mart
X X X X
Note: The table has been edited to for ease of use.
Fremont
The City does have an alternative fuel station as a separate land use classification and definition (18.25.3100).
15.64.020 “Electric vehicle charging station(s)” or “charging station(s)” means any level of electric vehicle supply equipment station that is designed and built in compliance with Cal. Elec. Code Article 625, as it reads on the effective date of this chapter or as it may be amended, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
The charging stations are permitted throughout the city regardless of zone as long as it approved by Building Division, compiles with electrical requirements, and does not endanger the public’s health and safety.
Land Use
(P) – Permitted
uses
(C) – Conditional
use permit
(Z) – Zoning
administrators
permit
(A) - Accessory
(--) – Prohibited
(SQD) –
Southerly of
Quantum Drive
(“SQD”).
(*) not permitted
in HOD, TOD
and I overlay
districts; a zoning
administrator
permit is required
if there are
outdoor sales
WARM SPRINGS INNOVATION
(“WSI”) DISTRICT
Table 18.49.040(a)
COMMERCIAL
AND MIXED-USE
DISTRICTS
Table 18.45.060-1
DOWNTO
WN (“D”)
DISTRICT
Table
18.47.050
INDUSTR
IAL
DISTRIC
TS
Table
18.50.090
WSI-1 Fremont BoulevardWSI-2 Old Warm Springs Boulevard – North
WSI-3 Old Warm Springs Boulevard
– South
WSI-4 Innovation WayWSI-4A Subarea: Innovation Way
– 1/4 mile
westerly from Lopes Ct.1WSI-5 Lopes CourtWSI-6 Southwestern WSI-7 Grimmer Boulevard
– North
WSI-8 BART AreaWSI-9 Warm Springs Boulevard
– East
WSI-10 Warm Springs Court
Commercial
– Office District, C-O.
Commercial
– Neighborhood District, C-N.
Commercial
– General District, C-G
Commercial
– Regional District, C-R
Mixed-Use District, MX.Town Center
– Pedestrian, TC-P
Town Center
– Transitional Districts, TC-T
Capitol Avenue zone (D-CA)Mid zone (D-MD)Edge zone (D-E)Civic center zone (D-CC)I-S Service IndustrialI-T Tech IndustrialI-G General Industrial Electric vehicle
charging stations
A A A A A A A A A A A A A A A A A A A A A A A A
Note: Table has been edited to for ease of use.