DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
October 20, 2026
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
CITY COUNCIL
Ordinance to Amend Poway Municipal Code to Streamline Electric Vehicle Charging Permit
Like other cities across California, the City of Poway is required by state law to make it easier for residents and businesses to install electric vehicle (EV) charging stations. In 2015, the State Legislature passed Assembly Bill (AB) 1236, which added section 65850.7 to the Government Code. That law reflects a statewide policy of promoting EV use and removing local obstacles to the installation of charging stations, and the Legislature has declared that achieving timely, cost-effective, and consistent permitting of these stations is a matter of statewide concern that applies to every city, including charter cities. The Legislature has amended the law several times since 2015 (including by AB 970 in 2021, SB 1291 in 2022, and SB 1418 in 2024).
Section 65850.7 requires every city to adopt an ordinance creating an expedited, streamlined permitting process for EV charging stations, and to adopt and publish a checklist of the requirements a station must meet to
qualify for that expedited review. Under the law, a city must approve a complete, code-compliant application
administratively, through a building permit or similar
nondiscretionary permit, and may limit its review to whether the installation meets applicable health and safety requirements. A city may require a conditional use permit, or deny an application, where it makes findings, supported by substantial evidence, of a specific, adverse impact on public health or safety that cannot be feasibly mitigated.
The proposed
Ordinance (Attachment A) adds Chapter 17.57 (Electric Vehicle Charging Stations) to Title 17 (Zoning) of the Poway Municipal Code (PMC), consistent with Government Code section 65850.7.
Recommended Action:
It is recommended the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the November 17, 2026 Regular City Council meeting.
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Discussion:
The City does not own or operate an electric utility; electric service within the City is provided by San Diego Gas & Electric. In developing the proposed Ordinance, the Poway Fire Department was consulted, as section 65850.7 requires.
The proposed Ordinance adds a new Chapter 17.57 to Title 17 of the PMC and carries out the state requirements described above. In summary, the Ordinance:
1. Directs the Building Official to implement an expedited, streamlined permitting process to adopt and publish on the City's website a checklist of the requirements an EV charging station must meet to qualify for expedited review, which may follow the State's "Electric Vehicle Charging Station Permitting Guidebook";
2. Provides that complete applications are approved administratively through a building permit or similar nondiscretionary permit, and confirms that, although the new Chapter is placed in the Zoning title, review and approval is a ministerial process that does not require a discretionary land use entitlement;
3. Allows applicants to submit applications and signatures electronically, provides that an application meeting the checklist is deemed complete and promptly processed, and requires the City to issue a written correction notice identifying any deficiencies in an incomplete application;
4. Permits the City to require a use permit only where the Building Official finds, based on substantial evidence, that the installation could have a specific, adverse impact on public health or safety, and allows denial only on written findings that there is no feasible way to mitigate or avoid that impact, with any conditions imposed designed to mitigate at the lowest possible cost;
5. Requires charging station equipment and installation to meet the California Electrical Code and other applicable safety standards, prohibits conditioning approval on the approval of a homeowners' association, and provides a right of appeal to the City Council.
Adoption of the Ordinance will satisfy the City's obligation under state law, give applicants and staff a clear and predictable process and support the installation of EV charging infrastructure in the City while preserving the City's authority to address public health and safety concerns.
City staff will also develop and post the checklist as required by section 65850.7.
Environmental Review:
The proposed Ordinance is not a "project" subject to the California Environmental Quality Act ("CEQA") because it will not cause a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Res. Code Section 21065.) The Ordinance does not authorize or approve any physical development. It establishes the administrative permitting process that Gov. Code section 65850.7 requires, under which the City "shall administratively approve" an application to install an EV charging station "through the issuance of a building permit or similar nondiscretionary permit." (Gov. 3 of 9
October 20, 2026, Item #9
Code § 65850.7(b).) Any physical installation of a charging station remains subject to the City's standard building and safety permit review. Accordingly, the adoption of the Ordinance is not subject to CEQA.
Fiscal Impact:
None.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, October 8, 2026.
Attachments:
A. Ordinance Adding Chapter 17.57 (Electric Vehicle Charging Stations) to Title 17 of the Poway Municipal Code
Tracy Stevens
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Ap~
Chris Hazeltine
City Manager
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October 20, 2026, Item #9
ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE
POWAY MUNICIPAL CODE BY ADDING CHAPTER 17.57
(ELECTRIC VEHICLE CHARGING STATIONS) TO ESTABLISH
AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR
ELECTRIC VEHICLE CHARGING STATIONS IN COMPLIANCE
WITH GOVERNMENT CODE SECTION 65850.7
WHEREAS, the City Council of the City of Poway wishes to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations, while protecting the public health and safety and preventing specific, adverse impacts in the installation and use of such charging stations; WHEREAS, pursuant to article XI, section 7 of the California Constitution and Government Code section 37100, the legislative body of a city may pass and enforce ordinances and regulations not in conflict with the Constitution and laws of the State or the United States; WHEREAS, by the passage of Assembly Bill No. 1236 in 2015, the State Legislature added section 65850. 7 to the California Government Code to require every city, county, or city and county to adopt an ordinance that creates an expedited, streamlined permitting process for electric vehicle charging stations, and the Legislature has since amended that section, including by Assembly Bill No. 970 (2021), Senate Bill No. 1291 (2022), and Senate Bill No. 1418 (2024); WHEREAS, Government Code section 65850.7 declares that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern applicable to all cities, including charter cities, and directs local agencies to remove obstacles to, and minimize the costs of, permitting for such stations;
WHEREAS, Government Code section 65850.7 requires that, in developing the expedited permitting process, the City act in consultation with the local fire department or district and, if the City operates a utility, the utility director, and that the City adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review;
WHEREAS, the City has consulted with the Poway Fire Department in the development of this ordinance, and the City does not own or operate an electric utility; WHEREAS, pursuant to CEQA and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance;
WHEREAS, the City Council of the City of Poway finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(0)(2) and 15060( c)(3) of the Title 14 of the California Code of Regulations because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project; 5 of 9
October 20, 2026, Item #9
Ordinance No.
WHEREAS, the City Council of the City of Poway determines that this ordinance is a valid exercise of the local police power and in accord with the goals and intent of AB 1236 and the public purposes and provisions of applicable State and local laws and requirements; WHEREAS, this Ordinance was introduced for first reading on October 20, 2026, and thereafter considered for adoption after second reading on November 17, 2026; and WHEREAS, the City Council has read and considered the staff report for the proposed Ordinance and has considered other evidence presented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: Chapter 17.57 {Electric Vehicle Charging Stations) is hereby added to Title 17 (Zoning) of the Poway Municipal Code to read as follows:
17.57.010 Purpose and Intent
The purpose and intent of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations, while promoting the public health and safety and preventing specific, adverse impacts in the installation and use of such charging stations. This Chapter is intended to comply with the requirements of Government Code§ 65850.7, as it may be amended from time to time. To the extent any provision of this Chapter conflicts with Government Code § 65850.7, the statute controls. Notwithstanding its placement within Title 17 (Zoning), review and approval of an electric vehicle charging station under this Chapter is a ministerial, nondiscretionary process, and no discretionary land use entitlement, conditional use permit, or zoning clearance shall be required for an electric vehicle charging station except as expressly authorized by Section 17.57.050 and Government Code § 65850. 7.
17.57.020 Definitions
For purposes of this Chapter, the following words and phrases shall have the meanings provided below. Terms not defined in this Chapter shall have the meanings set forth in Government Code§ 65850.7, as it may be amended from time to time.
Building Official: The Director of Development Services of the City of Poway or his or her designee.
Electric vehicle charging station or charging station: Has the meaning set forth in Government Code§ 65850.7, as it may be amended from time to time.
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Ordinance No.
Electronic submittal: Has the meaning set forth in Government Code § 65850.7, as it may be amended from time to time.
Feasible method to satisfactorily mitigate or avoid the specific, adverse impact: Has the meaning set forth in Government Code § 65850. 7, as it may be amended from time to time.
Specific, adverse impact: Has the meaning set forth in Government Code § 65850. 7, as it may be amended from time to time.
17.57.030 Expedited, Streamlined Permitting Process
A. The Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations consistent with this Chapter and Government Code § 65850.7, and shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review.
B. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Electric Vehicle Charging Station Permitting Guidebook" published by the Governor's Office of Business and Economic Development.
C. The City's adopted checklist and required permitting documentation shall be published on the City's website and shall be accessible to the public.
D. The Building Official may adopt administrative standards, forms, and procedures, not inconsistent with this Chapter or Government Code § 65850.7, as necessary to implement the expedited, streamlined permitting process.
17.57.040 Application and Permit Processing
A. Prior to submitting an application, the applicant shall verify that the installation of the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety and building occupants. Verification includes, but is not limited to, inspection of the electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by the charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.
B. The Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documents, and shall accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by an applicant.
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Ordinance No.
C. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and shall be promptly processed.
D. Upon confirmation by the Building Official that the permit application and supporting documents are complete, meet the requirements of the City's adopted checklist, and are consistent with all applicable health and safety requirements of local, state, and federal law, the Building Official shall, consistent with Government Code § 65850.7, administratively approve the application and issue all required permits or authorizations through the issuance of a building permit or similar nondiscretionary permit.
E. If the Building Official determines that the permit application is incomplete, the Building Official shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
F. An inspection may be required and performed by the Building Official and shall be done in a timely manner. If the electric vehicle charging station fails the initial inspection, a subsequent inspection may be required. A separate inspection may be required and performed by the applicable fire agency or electric utility.
G. Approval of an application under this Chapter does not authorize an applicant to energize or utilize the electric vehicle charging station unless and until approval is granted by the applicable electric utility.
17.57.050 Technical Review; Conditional Use Permit; Denial A. If the Building Official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit pursuant to Chapter 17.48 of this Title.
B. The City may not deny an application for a conditional use permit to install an electric vehicle charging station unless it makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon the public health or safety, and that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The written findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
C. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
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Ordinance No.
D. The Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of the charging station by an association, as that term is defined in Civil Code§ 4080.
17.57.060 Installation and Safety Requirements
A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and, where applicable, the rules of the Public Utilities Commission and the applicable electric utility regarding safety and reliability.
B. 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 other applicable provisions of the California Electrical Code.
C. Every electric vehicle charging station shall comply with all applicable health and safety standards and requirements of local, state, and federal law.
17.57.070 Appeals
Any person who is dissatisfied with a decision of the Building Official made pursuant to this Chapter may appeal that decision to the City Council of the City of Poway. The appeal shall be filed in writing with the City within ten (10) days after the date of the Building Official's decision, and shall be processed in accordance with the City's applicable appeal procedures.
17.57.080 Enforcement
A violation of this Chapter shall constitute a violation of this Code and shall be subject to the enforcement provisions, remedies, and penalties set forth in Chapter 17.54, in addition to any other remedy available at law or in equity.
SECTION 3: The City Council of the City of Poway finds that the adoption of this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA"), and is otherwise exempt from CEQA, as set forth in the recitals above, and directs the City Manager or designee to prepare and file a Notice of Exemption following adoption of this Ordinance.
SECTION 4: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Poway hereby declares that it would have adopted this Ordinance and each section, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.
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Ordinance
No.
Page
6 SECTION
5: This
Ordinance
shall
be
codified.
EFFECTIVE
DATE:
This
Ordinance
shall
take
effect
and
be
in
force
thirty
(30)
days
after
its
adoption.
CERTIFICATION/PUBLICATION:
The
City
Clerk
shall
certify
the
adoption
of
this
Ordinance
and
cause
it
or
a
summary
of
it,
to
be
published
with
the
names
of
the
City
Councilmembers
voting
for
and
against
the
same
in
the
Poway
News
Chieftain,
a
newspaper
of
general
circulation
in
the
City
of
Poway
within
fifteen
(15)
days
after
its
adoption
and
shall
post
a
certified
copy
of
this
Ordinance
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
§
36933
.
INTRODUCED
AND
FIRST
READ
at
a
Regular
meeting
of
the
City
Council
of
the
City
of
Poway,
California,
held
the
20th
day
of
October,
2026,
and
thereafter
.
PASSED
AND
ADOPTED
at
a
Regular
meeting
of
said
City
Council
held
the
17th
day
of
November,
2026
by
the
following
vote,
to
wit:
AYES: NOES: ABSTAINED
:
ABSENT
:
DISQUALIFIED
:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher
, CMC,
City
Clerk