City Council
June 4, 2024
EV & Hydrogen Fuel Permit Streamlining Ordinance
1 Background & Legal Context
AB 1236 and AB 970 have stream-lined the permit and entitlement process for EV charging stations in California and added strict review timelines for compliance.
SB 1291 streamlined permitting and entitlements for hydrogen fuel stations. This law establishes a clear pathway for permitting that retains safety requirements identified in the CA Fire Code and CA Building Code. 2 EV Charging (AB 1236 and AB 970)
Both AB 1236 and AB 970 require strict regulations for compliance which include:
Adopting a Streamlining Ordinance
Establishing a Permit Checklist Online
Administrative Approval for EV Systems
Approval Limited to Health & Safety Review
Electronic Signature Acceptance
Not Subject to HOA Association Approval
Only One Deficiency Notice for Incomplete
Five Total Business Days for 25 EV Stations and ten total Business Days review for over 25 stations.
Approval to build is 20 days if no response after complete determination for 25 chargers and 40 days if no response after complete determination for over 25 chargers. 3 CA Governor’s Office Workflow for EV Charging Station Process 4 Hydrogen Fuel Streamline (SB 1291)
Like EV Streamlining, SB 1291 requires health and safety review for areas zoned commercial or industrial or a site which was previously a service station that sells gasoline.
Specific requirements of CA Legislature include:
Adopt Streamlining Ordinance
Permit Checklist Online
Administrative Approval of Stations
Approval Limited to Health & Safety
Electronic Signatures Accepted
Not subject to HOA Review
Only One Deficiency Notice For Incomplete
Key differences are timelines for review not as strict as EV charging and by-right allowances are for commercial or industrial zones, or those which previously held a gasoline station on the property (as most recent land-use on the site). 5 CA Governor’s Office Workflow for Hydrogen Fuel Station Process 6 What is Fullerton currently doing to comply with State Statutes? Online Submittals: EV charging systems can be submitted through our online portal for both residential and commercial sites.
Ordinance and Zone Change: The ordinance before you modifies the Fullerton Municipal Code to comply with these new state statutes.
Prioritization of Submittals: The CED team has prioritized any EVCS and Hydrogen Fuel submittals to ensure we comply with this state mandate.
Limited to Health & Safety: Planning reviews any ancillary structures associated with a project via a Minor Site Plan administrative review and is also included as part of standard plan check review process when a submittal for the stations themselves come through. 7 Mitigating Risks & Local Control
The City seeks to preserve its land-use ability where possible. In this situation, while the EV stations or hydrogen fuel stations themselves are permitted by-right (where applicable), land-use review still occurs for ancillary associated structures and components to a limited degree.
This means that a submittal for EV systems alone is expedited, but the City can still provide feedback and conditions on architectural style of ancillary structures as well as any signage and related items with a particular project within the purview of FMC Chapter 15.
For hydrogen fuel systems, the Fire Department completes a robust review to determine feasibility through the application of the California Fire Code and assess safety. Furthermore, Planning can also require the same conditions as for EVs. 8 CEQA Exempt as Ministerial Per CA Governor’s Office
AB 1236, AB 970, and SB 1291 codify projects as ministerial, which are not subject to CEQA review.
Government Code 65850.7 states that “Specific, adverse impacts” mean a significant, quantifiable, direct, and unavoidable impact based on objective identified and written standards or conditions of the site when an application was submitted.” A specific or adverse impact could only be determined if the City itself were to consult with a third-party organization to conduct a feasibility study to justify a denial. The objective standards for determining an impact are identified in the Government Code. 9 Advantages of Changes
Changes to CA Green code already are requiring 30%+ of parking in new developments to be EV-ready in 2025.
Streamlined procedures and approvals reduce staff review burden and improve customer service.
EV stations including DC Fast Charging can create additional retail/sales tax generating activity through visitation while charging at stations throughout the City.
Edison still reviews grid capacity for projects and as we adapt to changes in the trend, infrastructure upgrades are undertaken. 10 Recommendation
Adopt Ordinance to amend Title 14 of the Fullerton Municipal Code by adding Chapter 14.30 titled “Permit Process for Electric Vehicle Charging Stations and Hydrogen Fueling Stations.” 11 Questions?
12