ORDINANCE NO. XXXX
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” WHEREAS, the City of Fullerton, California (“City”) is a municipal corporation, duly organized under the State of California constitution and laws.
WHEREAS, passage of Assembly Bill No. 1236 ("AB 1236") in 2015, Assembly Bill No. 970 ("AB 970") in 2021 and Senate Bill No. 1291 ("SB 1291") in 2022 amended California Government Code Section 65850.7 to require every city, county or city and county with a population less than 200,000 residents to adopt an ordinance creating an expedited, streamlined permitting process for "electric vehicle charging and hydrogen fueling stations".
WHEREAS, AB 1236, AB 970 and SB 1291 require every city and county to administratively approve electric vehicle charging and hydrogen fueling stations permits in an expedited and timely manner and prohibits a city and county from denying an application for use permit unless it makes certain written findings.
WHEREAS, the Fullerton City Council (“City Council”) desires to enact this ordinance to protect public health and safety by prescribing minimum standards for the use, design and installation of electric vehicle charging and hydrogen fueling stations and requiring a permit and inspection for installation, alteration and equipment replacement.
WHEREAS, the City is the lead agency for environmental document preparation and consideration for this ordinance, pursuant to CEQA and State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with California Code of Regulations Title 14, Section 15000).
WHEREAS, City Council finds and determines that this ordinance is not subject to CEQA pursuant to California Code of Regulations Title 14, Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and does not constitute a project.
WHEREAS, City Council determines that this ordinance is a valid exercise of local power and in accord with AB 1236, AB 970 and SB 1291 goals and intent and the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON ORDAINS AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals set forth in this Ordinance are true and correct and incorporated into this Ordinance.
SECTION 2. City Council hereby adds Fullerton Municipal Code Chapter 14.30 titled “Permit Process for Electric Vehicle Charging and Hydrogen Fueling Stations” as set forth in Exhibit A and incorporated herein by reference.
SECTION 3. Environmental Review. The Ordinance is exempt from additional review under the California Environmental Quality Act (Public Resources Code Section 21000, et seq., “CEQA”) and CEQA Guidelines (California Code of Regulations Title 14, Section 5000, et seq.) because it establishes rules and procedures in compliance with State law; does not commit to a specific project which could result in a significant physical impact on the environment and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the Ordinance does not constitute a “project” that requires environmental review (see specifically CEQA Guidelines Section 15378(b)(2, 5). The Ordinance is exempt from further review under CEQA Guidelines Section 15308 because the Ordinance protects the environment.
SECTION 4. Construction. The City must broadly construe this Ordinance to achieve its stated purposes. City Council intends the City and others to interpret and implement the Ordinance in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 5. Enforceability. Repeal or supersession of any provision of the Fullerton Municipal Code does not affect any penalty, forfeiture or liability incurred before or preclude prosecution and imposition of penalties for any violation occurring before the Ordinance effective date. Any such repealed or superseded part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6. Validity of Previous Code Sections. If a court of competent jurisdiction deems this Ordinance or its application invalid, any repeal or amendment of the Fullerton Municipal Code or other ordinance by this Ordinance will be rendered void and cause such previous Fullerton Municipal Code provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 7. Severability. If a court of competent jurisdiction deems this Ordinance or its application invalid, City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 8. This ordinance becomes effective and in full force at 12:01 a.m. on the thirty-first day following passage.
SECTION 9. The City Clerk shall publish and/or post this ordinance in accordance with state law, and certify ordinance adoption and place this ordinance in the original book of ordinances on file in the City Clerk’s Office.
ADOPTED BY THE FULLERTON CITY COUNCIL ON XXXXX, 2024.
___________________________
Nicholas Dunlap
Mayor
ATTEST:
___________________________
Lucinda Williams, MMC
City Clerk
___________________________
Date
Attachments:
Attachment 1 – FMC 14.30 Text
Chapter 14.30
PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN FUELING STATIONS
14.30.010 Purpose and Title
Purpose. This Chapter is adopted to provide an expedited, streamlined permitting process for electric vehicle charging and hydrogen fueling stations that will encourage the timely and cost-effective installation of electric vehicle charging and hydrogen fueling stations. This Chapter is intended to achieve these goals while promoting public health and safety in a manner consistent with California Government Code § 65850.7.
Title. The ordinance codified in this article shall be known and designated as the "Electric Vehicle Charging and Hydrogen Fueling Stations Permits Ordinance.”
14.30.020 Definitions
Unless the contrary is stated or clearly appears from the context, the following terms and phrases shall have the meaning as indicated below.
BUILDING OFFICIAL or OFFICIAL means the City’s Building Official or designee.
CHARGING STATION(S) means Electric Vehicle Charging Station(s) or Hydrogen Fueling Station(s) “Electric Vehicle Charging Station(s)” means an electric vehicle supply equipment station, of any level, that delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle and is designed and built in compliance with 24 California Code of Regulations §§ 625.1, et seq., as it reads on the effective date of this Chapter, or as it may be subsequently amended.
ELECTRONIC SUBMITTAL means the utilization of one or more of the following:
(A) Email
(B) The internet via a City portal
(C) Facsimile
NONCONFORMING CHARGING STATION(S) means any Charging Station that was lawfully established and in compliance with all applicable laws at the time it was installed, but which, due to enactment of this Chapter, no longer complies with all the applicable regulations and standards of the zone in which the property is located.
HYDROGEN FUELING STATION(S) means the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public.
SPECIFIC, ADVERSE IMPACT 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 City found the Electric Vehicle Charging Station or Hydrogen Fueling Station application complete.
14.30.030 Applicability
This Chapter applies to the permitting of all Charging Stations in the City, except for Charging Stations located on publicly owned property, Unless modified after the effective date of this Chapter, Nonconforming Charging Station(s) are exempt from this Chapter. Routine operation and maintenance, or like-kind replacements, do not require a permit.
14.30.040 Charging Stations Requirements
All Electric Vehicle Charging Stations and Hydrogen Fueling Stations must meet all applicable health and safety standards and requirements, as set forth in federal, state, county, and municipal codes and regulations.
Specific Requirements for Electric Vehicle Charging Stations Electric Vehicle Charging Stations must meet all applicable safety and performance standards established by applicable law including, without limitation, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
Installation of Electric Vehicle Charging Stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
Installation of Electric Vehicle Charging Stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric Vehicle Charging Station equipment shall be considered a continuous load.
Anchorage of either floor-mounted or wall-mounted electric vehicle charging equipment shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging equipment shall not adversely affect building elements such as but not limited to doors, windows, architectural features, etc.
Specific Requirements for Hydrogen Fueling Stations
A Hydrogen Fueling Station shall meet all of the following, as applicable:
Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.
Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.
Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook.
Location. For the purposes of qualifying for the streamlined permitted process provided in this Chapter, a Hydrogen Fueling Station must be on a parcel that satisfies either of the following:
The parcel is zoned for industrial or commercial land use or development and does not contain any residential units or The parcel was previously developed with a service station. For the purposes of this subsection, “service station” means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.
All parking spaces associated with Electric Vehicle Charging Station(s) and Hydrogen Fueling Station(s) must meet all applicable standards, including without limitation, any and all parking space standards adopted by the City of Fullerton and the California Building Code.
14.30.050 Applications and Documents
All documents required for the submission of an Electric Vehicle Charging Station and Hydrogen Fueling Station application will be made available on the City’s website and at City Hall.
Applicants may submit the required permit application and documents by submitting them either via electronic submittal or by delivering them to the Building and Safety Division of the Community Development Department. An applicant’s electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet (ink) signature.
The Building Official, or designee, will adopt a checklist of all requirements with which the Electric Vehicle Charging Station and/or Hydrogen Fueling Station must comply to be eligible for expedited review. The electric 5 2 6 7 vehicle permit process, standard(s) and checklist(s) may refer to the recommendations contained in the most current version of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research, including the checklist and standards contained in the “Plug-In Electric Vehicle Infrastructure Permitting Checklist.” The City’s adopted checklist shall be published on the City’s website.
If an application is submitted to the City and the Building Official deems the application incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance must be sent to the applicant for resubmission. The correction notice must be sent as follows:
Five (5) business days after submission of the application to the city, if the application is for at least one (1), but not more than 25 electric vehicle charging stations at a single site.
Ten (10) business days after submission of the application to the city, if the application is for more than 25 electric vehicle charging stations at a single site.
A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed pursuant to this Chapter. A completed application does not authorize an applicant to energize or utilize an Electric Vehicle Charging Station and/or Hydrogen Fueling Station until approval and all necessary permits are granted by the City.
14.30.060 Permit Review Requirements and Appeals
Review of an Electric Vehicle Charging Station or Hydrogen Fueling Station Permit application is limited to whether the application meets local, state, and federal health and safety requirements. If the application meets the requirements of the approved checklist and standards, and the proposed Electric Vehicle Charging Station and/or Hydrogen Fueling Station does not pose any specific, adverse impact upon public health or safety, the Building Official must approve the application.
If the Building Official determines, based on the application, that the proposed Electric Vehicle Charging Station and/or Hydrogen Fueling Station could have a specific, adverse impact upon the public health and safety, the Building Official may require an “Electric Vehicle Charging Station Use Permit” or a “Hydrogen Fueling Station Use Permit.” The permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
The Building Official must notify an applicant whether the application has been approved, or, alternatively, whether the applicant must obtain an “Electric Vehicle Charging Station Use Permit” or a “Hydrogen Fueling Station Use Permit”, within 30 days after the submission of a complete application. Notwithstanding the expedited permit processing set forth in this Chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.
An application for an “Electric Vehicle Charging Station Use Permit” or a “Hydrogen Fueling Station Use Permit” can only be denied if the Building Official finds that (1) the proposed installation would have a specific, adverse impact upon public health or safety, and (2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact. These findings must be presented in writing, must include the basis for the rejection of the potential feasible alternative for preventing the adverse impact, and must be based upon substantial evidence in the record.
An application is considered approved if, within 20 business days for up to 25 stations and 40 business days for more than 25 stations after being deemed complete, the following actions have not occurred: 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 permit has not been denied, and; no appeal has been filed with the City's planning commission.
A feasible method to satisfactorily mitigate or avoid the specific, adverse impact may include, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on a prior successful application for an “Electric Vehicle Charging Station Use Permit” or a “Hydrogen Fueling Station Use Permit”, where the proposed Charging Station is similarly situated to the Charging Station in that prior successful application.
Any decision by the Building Official or his/her designee made pursuant to this Chapter may be appealed to the Planning Commission in accordance with the procedure set forth in Title 15 of the Fullerton Municipal Code.
Ordinance No. XXXX
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