City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: August 11, 2025
Report #:2506-4820
TITLE
FIRST READING: Adoption of an Ordinance Adding PAMC Chapter 16.15 to Restate Procedures for Expedited Permitting of Electric Vehicle Charging Systems to Comply with State Law. CEQA Status: Exempt under CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance restating procedures for expedited permitting of electric vehicle charging systems to comply with Government Code Section 65850.7 and to restore provisions previously adopted under Ordinance No. 5415, including new findings related to the public health and safety impact of tree protection standards.
BACKGROUND
Government Code Section 65850.7, enacted by Assembly Bill 1236 (2015), requires local agencies to adopt an ordinance that provides an expedited, streamlined permitting process for electric vehicle charging systems (EVCS). In 2021, Assembly Bill 970 added mandatory timelines for processing these applications. Together, these laws establish the parameters for local review, limit discretionary actions, and require that cities publish objective checklists for applicants.
The City of Palo Alto complied with these mandates in 2017 by adopting Ordinance No. 5415, which added Section 16.14.440 to the Palo Alto Municipal Code. However, the provisions adopted by that ordinance were inadvertently removed during a subsequent amendment to Chapter 16.14. The proposed ordinance corrects that administrative error by reinstating the required permitting procedures in a new standalone chapter—Chapter 16.15.
Although the ordinance text was removed from the Code, the City has continued to review and process EVCS applications consistent with the requirements of state law.
The ordinance also includes updated findings to support the application of the City’s tree protection standards during EVCS permit review. These findings are intended to establish that such standards qualify as objective public health and safety measures under Government Code Section 65850.7.
ANALYSIS
Government Code Section 65850.7 requires cities to adopt a streamlined process for reviewing EVCS permit applications. The law limits the scope of local agency review and only allows denial or conditioning of a permit where there is a “specific, adverse impact upon the public health or safety,” based on objective standards in effect at the time the application is deemed complete.
The City previously adopted the required ordinance in 2017. However, the relevant provisions were unintentionally removed from the Municipal Code when adopting the triennial building code updates due to a clerical oversight. The current action restores the City’s compliance with state law by re-codifying the ordinance in Chapter 16.15. Although the ordinance text was removed, the City has continued to process EVCS applications in accordance with the requirements of AB 1236 and AB 970.
Inclusion of Findings Related to Tree Protection Standards The ordinance includes findings to establish that the City’s tree protection standards may be applied during EVCS permit review without exceeding the limits of state law. These findings are based on documented public health and safety effects associated with the loss of urban canopy and the failure of damaged trees.
Staff determined that including these findings was necessary to support continued enforcement of the following objective standards under the “specific, adverse impact” clause in Government Code Section 65850.7:
Mitigation of tree removal through canopy replacement or payment of an in-lieu fee; and
Compliance with the City’s adopted standards for construction within a Tree Protection Zone (TPZ), which include trenching by hand or air-spade and protective fencing requirements to prevent root damage and tree destabilization.
These findings allow staff to apply the tree protection requirements as part of EVCS permit review where applicable. They do not create new standards, but clarify the legal basis for applying existing regulations in the context of state-mandated permit streamlining. Permit applications that comply with these requirements will continue to be processed and approved through the expedited procedure.
Tree protection requirements include compliance with adopted trenching and fencing standards for work near protected trees. These standards are documented in the City’s Public Works Specifications and applied consistently to all construction activity involving a Tree Protection Zone (TPZ), including limits on root disturbance and mandatory fencing setbacks.
FISCAL/RESOURCE IMPACT
There is no significant fiscal impact associated with adoption of the ordinance. Implementation will continue within existing Building Division and Urban Forestry staffing and procedures.
STAKEHOLDER ENGAGEMENT
No formal public outreach was conducted for this administrative update. Internal coordination included staff from Planning and Development Services, Public Works Urban Forestry program, the City Attorney’s Office, and the Office of Sustainability.
ENVIRONMENTAL REVIEW
Council action on this item is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that the activity will not have a significant effect on the environment.
ATTACHMENTS
Attachment A: Ordinance Expedited Permitting Process for Electric Vehicle Charging Stations APPROVED BY:
Jonathan Lait, Planning and Development Services Director