CITY COUNCIL STAFF REPORT
Meeting Date: December 19, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT ORDINANCE NO. ___ REPEALING SECTION 18.50.170, “ELECTRIC VEHICLE CHARGING STATIONS,” OF TITLE 18 OF THE
PLEASANT HILL MUNICIPAL CODE AND ADDING A NEW CHAPTER
14.75, “ELECTRIC VEHICLE CHARGING SYSTEMS; STREAMLINED
PERMITTING”
SYNOPSIS
Assembly Bill 1236 (AB 1236), adopted by the State legislature on October 8, 2015, requires cities to adopt an ordinance to expedite permit processing for applicants looking to install electric vehicle charging stations.
AB 1236 was adopted to limit the restrictions that cities and counties could impose on applicants installing electric vehicle charging stations, to achieve timely and cost-effective installation of electric vehicle charging stations, which has been deemed by the legislature to be a matter of statewide concern.
Assembly Bill 970 (AB 970), adopted by the State legislature on October 8, 2021, sets forth certain timing obligations applicable to cities when fulfilling their function of processing electric vehicle charging station permits.
This ordinance follows the mandates set forth in AB 1236 and would streamline processing of applications for electric charging stations throughout the City. In addition, the relevant members of staff are confirming in connection with adoption of this ordinance that they are prepared to implement the appropriate timeline for permit processing as required by AB 970.
The proposed ordinance was introduced at the City Council meeting of December 5, 2022, and a public hearing was held at that meeting. Staff recommends the City Council adopt the proposed ordinance.
DISCUSSION
AB 1236 is part of the State’s efforts to modernize and facilitate the installation of electric vehicle charging stations throughout the State. In furtherance of this goal, the State is requiring that cities and counties throughout the State adopt ordinances setting forth guidelines to facilitate expedited review and processing for electric vehicle charging stations.
The attached ordinance complies with the requirements set forth in AB 1236 by requiring that the City administratively approve applications that comply with the City’s “Expedited EV Permit & Checklist” and limit review to whether the installation would comply with safety and performance standards.
In addition, AB 970 requires an application to install an electric vehicle charging station to be deemed complete if, either 5 business days or 10 business days after the application was submitted, depending on the number of electric vehicle charging stations proposed in the application, the city has not deemed the application to be incomplete or issued a written correction notice detailing all deficiencies in the application. Then, AB 970 requires an application to install an electric vehicle charging station to be deemed approved if 20 business days or 40 business days after the application was deemed complete, depending on the number of electric vehicle charging stations proposed in the application, (1) the city has not approved the application, (2) the building official has not made a finding that the proposed installation could have an adverse impact upon the public health or safety or required the applicant to apply for a use permit, (3) the building official has not denied the permit, and (4) an appeal has not been made to the planning commission of the city. Members of the City Building Department are aware of these timing requirements and are prepared to comply with them in connection with the adoption of this Ordinance and all electric vehicle permitting laws.
FISCAL IMPACT
The fiscal impacts related to this ordinance depend on the number of applications that the City receives. Nonetheless, because the ordinance is designed to streamline permit processing, the costs associated with processing each application would be reduced.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends that the City Council adopt the proposed ordinance.
ALTERNATIVES TO RECOMMENDED CITY COUNCIL ACTION
AB 1236 requires the City to adopt an ordinance pertaining to electric vehicle charging stations.
ATTACHMENT(S):
Proposed Ordinance
Permitting Checklist and Permit Application for Electric Vehicle Service Equipment Presented by: Geoff Simmons, Chief Building Official
Approved by: Janet Coleson, City Attorney
Approved by: June Catalano, City Manager