Agenda Report
Fullerton City Council
MEETING DATE: JUNE 4, 2024
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: SUNAYANA THOMAS, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT
CHRIS SCHAEFER, AICP, PLANNING MANAGER
PREPARED BY: TRI NGUYEN, BUILDING AND SAFETY MANAGER
TAYLOR SAMUELSON, SENIOR ADMINISTRATIVE ANALYST
SUBJECT: ELECTRIC VEHICLE CHARGING AND HYDROGEN FUELING STATION PERMIT PROCESS
SUMMARY
Assembly Bills (AB) 1236 and 970 and Senate Bill (SB) 1291 streamline alternative fuel station permitting, including Electric Vehicle (EV) charging and hydrogen stations, limiting review to life / safety checks and requiring a five-day plan check turnaround for up to 25 EV charging systems and ten days for projects with more than 25 stations.
PROPOSED MOTION
Introduce Ordinance XXXX for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADDING FULLERTON MUNICIPAL CODE CHAPTER 14.30 TITLED “PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN FUELING STATIONS”
ALTERNATIVE OPTIONS
Approve the Proposed Motion
Do not approve the Proposed Motion
Provide direction for alternate methods to comply with new state statute Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
The City Manager recommends approval of the Ordinance on the permit process for Electric Vehicle Charging Stations and Hydrogen Fueling Stations.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:
Fiscal and Organizational Stability
Infrastructure and City Assets.
FISCAL IMPACT
This process would streamline procedures but does not impact cost recovery for permit submittal review fees adopted by City Council.
BACKGROUND AND DISCUSSION
AB 1236 and SB 1291 enacted elements of the state strategy to modernize and accelerate electric vehicle charging and hydrogen fueling station installation across California. The bills require California cities and counties to adopt ordinances to facilitate expedited installation review and processing. The Building and Safety Division has created tutorial videos and digital permitting for EV charging systems and streamlined procedures according to state law.
The proposed ordinance follows AB 1236 and SB 1291 requirements, allowing administrative application approval conforming to the City checklist and limiting review to adherence with safety and performance standards. Additionally, AB 970 provides a timeline for electric vehicle charging station installation application processing.
The law deems an application complete if the City does not mark it incomplete or issue a correction notice within five or ten business days, depending on the number of proposed charging stations. Subsequently, the law considers an application approved if the following actions have not occurred within 20 or 40 business days after deemed complete:
City has not given its approval
the Building Official has not identified any potential public health or safety risks or requested a use permit the City has not denied the permit
no appeal filed with the Planning Commission.
Applicants must comply with the California Fire Code and any requirements identified by the Fire Department to ensure safety when submitting for permits.
City staff know the compliance requirements which this ordinance would implement. Adopting this ordinance would move the City towards the U.S. Department of Energy SolSmart Platinum designation which aligns with state mandates and showcases commitment to sustainable and renewable energy practices.
Non-compliance with these state laws could lead to a violation of Government Code Section 65850.7 with legal and administrative repercussions. This underscores the importance of AB 1236, SB 1291 and AB 970 compliance and supports City efforts toward the SolSmart Platinum designation.
The Planning Commission voted 4 – 0 – 1 (Absent: Mansuri) to approve this item on May 8, 2024.
Attachments:
• Attachment 1 – PowerPoint Presentation
• Attachment 2 – Draft Ordinance No. XXXX
Attachment 3 – Planning Commission Resolution No. PC-2024-10 Attachment 4 – AB 1236 and AB 970 Fact Sheet
Attachment 5 – SB 1291 Fact Sheet
EV Charging Station Permit Process
June 4, 2024 - Page 4