CITY OF POMONA
COUNCIL REPORT
April 3, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Anita Gutierrez, AICP, Development Services Director Subject: Introduction of an Ordinance adding an Electric Vehicle Charging Stations Permitting Process to the Pomona City Code RECOMMENDATION:
It is recommended that the City Council introduce, waive further and give first reading to the following ordinance:
ORDINANCE NO. 4330 - ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA ADDING CHAPTER 75 TO THE POMONA CITY CODE RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS EXECUTIVE SUMMARY:
The draft Ordinance (Attachment No. 1) follows the mandates set forth in Assembly Bill 1236 (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 Assembly Bill 970 (AB 970).
FISCAL IMPACT:
The fiscal impacts related to this ordinance depend on the number of applications that the City receives, and the permit fee includes staff time for processing. Further, the ordinance is designed to streamline permit processing; therefore, the costs associated with processing each application are not projected to increase.
DISCUSSION:
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. 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.
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. 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 Development Services Director 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 Development Services Director has not denied the permit, and (4) an appeal has not been made to the planning commission of the city. Members of the Development Services 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.
Although the Ordinance before the Council is not changing the Zoning Code, Staff facilitated a discussion with the Planning Commission on March 3, 2023 to review and discuss potential site development concerns related the placement of Electrical Vehicle charging stations. Staff recommended defining two adverse impacts: (1) loss of tree canopy and landscaping; and (2) walkability and auto dependence. Language has been added to the EV permit checklists (Attachment No. 2) to reflect these issues: no net loss of trees, no net loss of landscaping, do not site in frontage or front yard setback, do not site to be visible from public right of way, do not site on existing city easements, no above-ground utility poles. In addition required mitigation was identified to address these impacts and was included in the EV permit checklists. For tree canopy and landscaping mitigation, tree canopy replacement would be required at a ratio of 2:1, equivalent landscaping square footage must be replaced and a Landscape Plan Check is required if removing more than 500 square feet of landscaping. For walkability and auto dependence mitigation there would be no mitigation/exception on placement within the frontage zone or front yard setback and mitigation for visibility from public right-of-way would require complete visual screening. The Commission also requested there be no net increase in unshaded impervious surfaces and that Staff look into the requirement for designating EV parking spaces for disabled persons. There will be an opportunity to codify more specific site development standards during the Zoning Code Update effort this summer.
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 & Checklists” and limit review to whether the installation would comply with safety and performance standards.
Prepared by:
Anita Gutierrez
Development Services Director
ATTACHMENT(S):
Attachment No. 1: Ordinance No. 4330
Attachment No. 2: EV Permit Checklists
Attachment No. 3: Staff Presentation
Ordinance No. 4330 – AB1236 and AB970 compliance with Electric Vehicle Charging Station permit processing