ORDINANCE NO. 24-03
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO ADOPTING BY REFERENCE TITLE 6,
ANIMALS, OF THE RIVERSIDE COUNTY CODE OF
ORDINANCES AS THE CITY’S ANIMAL CONTROL
ORDINANCE, REPEALING AND AMENDING TITLE 6,
ANIMALS, OF THE SAN JACINTO MUNICIPAL CODE
WHEREAS, the City of San Jacinto (“City”) and the County of Riverside (“County”) entered into an agreement dated January 1, 2024, for the County to provide animal control field and shelter services in the City (the “Agreement”); and WHEREAS, for the purposes of ensuring both consistency and efficiency in the enforcement of all laws, ordinances, and regulations pertaining to animal control, the Agreement requires the City to adopt by reference, County of Riverside Ordinance No. 534 and Ordinance No. 630, which are codified as Riverside County Code of Ordinances Title 6 – Animals; and
WHEREAS, the City has agreed, pursuant to the terms of the Agreement, to amend its municipal code and make this adoption by reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.
SECTION 2. Repeal. Chapters 6.04, 6.08, 6.12, 6.20, 6.24, 6.28, 6.32, and 6.36 of Title 6 (Animals) of the San Jacinto Municipal Code are hereby repealed in their entirety.
SECTION 3. Adoption by Reference. A new Chapter 6.04 is hereby added to Title 6 (Animals) of the San Jacinto Municipal Code to read as follows:
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Chapter 6.04
GENERAL PROVISIONS
6.04.010 Adoption of County of Riverside ordinance by reference.
Title 6, Animals, of the Riverside County Code, as amended and in effect on May 7, 2024, is hereby adopted by reference as the “Animal Control Ordinance” of the City of San Jacinto subject to certain amendments as hereinafter provided.
A copy of Title 6, Animals, of the Riverside County Code, in effect on May 7, 2024, has been deposited in the office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public.
6.04.020 Definitions.
Notwithstanding the provisions of Section 6.04.010, the following words and phrases used in the Animal Control Ordinance are defined as follows:
A. “County of Riverside” shall mean the City of San Jacinto, except where the County of Riverside is the correct notation due to circumstances.
B. “County Ordinance No. 348” shall mean and refer to Title 17 (Zoning) of the San Jacinto Municipal Code (“San Jacinto Development Code”).
C. “Department” shall mean the County of Riverside Department of Animal Services.
D. “Riverside County Planning Department” shall mean the Community Development Department of the City of San Jacinto.
E. “Unincorporated Area or Unincorporated Area of the County of Riverside” shall mean the area of the City of San Jacinto in its true geographical location.
6.04.030 Animal Control Ordinance Amended - Additions. Notwithstanding the provisions of Section 6.04.010, a new Section 6.04.160 is hereby added to Chapter 6.04 (Animals Generally) of Title 6 (Animals) of the Riverside County Code to read as follows:
6.04.160 Animal care.
A. Animal premises shall be kept sanitary and shall not constitute a fly breeding area or a source of offensive odors or potential human and animal disease.
B. No person shall abandon any animal on any private or public property.
C. No person shall allow a dog in his or her custody to defecate or to urinate on property other than that of the owner or person having control of the dog. It shall be the
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duty of all persons having control of a dog to curb such dog and to immediately remove all feces to a proper receptacle. Legally blind persons while relying on a guide dog shall be exempt front this section.
D. No person shall leave an animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal’s health and welfare.
1. If after a search of the area the owner cannot be found, the ACO/police officer feels the animal’s health is in danger, the animal may with the approval of the police supervisor be removed from the vehicle and transported to a veterinarian for treatment.
A notice shall be left on the vehicle stating the following:
i. Why the animal was removed;
ii. Name, address and telephone number of the veterinarian where the animal is being treated;
iii. The authority to remove the animal; and
iv. Name of person(s) removing the animal.
2. The owner or person having control of the animal when it was removed from the vehicle shall be responsible for all costs for the treatment of the animal as may be applicable.
E. It is unlawful for any person to willfully tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure or kill, or interfere, or meddle with any dog or horse while such animal is being utilized by the police department or any officer or employee thereof in the performance of any function or duty of the department or of such officer or employee.
6.04.040 Animal Control Ordinance Amended - Additions. Notwithstanding the provisions of Section 6.04.010, a new Chapter 6.28 (Bees and Pigeons) is hereby added to Title 6 (Animals) of the Riverside County Code to read as follows:
Chapter 6.28 - BEES AND PIGEONS.
6.28.010 Bees. No person shall establish or maintain any hive or box where bees are kept or keep any bees within the city except:
A. That a hive or box for the keeping of bees may be located and kept within a school house for the purpose of study or observation;
B. That a hive or box for the keeping of bees may be kept in a laboratory for medical research or treatment or for scientific purposes;
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C. In newly annexed areas where the keeping of bees was allowed prior to annexation;
D. In any zone under the zoning law of the city that specifically authorizes the keeping of bees; and
E. That no bees permitted to be kept on any premises under subsection (A) and (B) of this section shall be permitted to fly at large.
6.28.020 Pigeons/Doves.
A. No person shall erect or maintain any pigeon house or dovecote, or other structure or place where pigeons or doves are kept within the city without first obtaining the consent of the planning commission and a permit from the animal control officer.
B. No person shall erect or maintain any pigeon house or dovecote or other structure or place where pigeons and doves are kept or keep any pigeons or doves less than fifty (50) feet from the dwelling house of the owner of such pigeon house, dovecote, or other structure or within one hundred and fifty (150) feet of any dwelling or living quarters of any person other than the owner of such pigeon house or dovecote.
C. Such persons shall comply with all other rules and regulations of the animal control officer applicable to the keeping of pigeons or doves.
6.04.050 Animal Control Ordinance Amended - Additions. Notwithstanding the provisions of Section 6.03.010, a new Chapter 6.32 (Animal Performances) is hereby added to Title 6 (Animals) of the Riverside County Code to read as follows:
Chapter 6.32 – ANIMAL PERFORMANCES.
6.32.010 Animal performances.
A. Permit. No person shall use or work any animal in any theatrical, motion picture, television, or other performance or production without first obtaining a permit from the animal control officer unless that person is in possession of a valid and appropriate permit for animal acts or exhibitions, circus or rodeo per Section 6.24.120.
B. Maiming, Injuring or Killing Animals During Performance. No person shall knowingly maim, injure or kill any animal that is used in any theatrical, motion picture, television or other performance or production. No person shall use, cause, permit, or allow the use of any device, machine, or contrivance to maim, injure, or kill any animal in such performance or production.
C. Inspections. The animal control officer shall inspect and investigate the use or work of animals in theatrical, motion picture, television, and other performances or productions at intervals set at the discretion of the animal control officer.”
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SECTION 4. CEQA. The City Council hereby finds that the adoption by reference in its entirety of Title 6 of the Riverside County Code of Ordinances into the San Jacinto Municipal Code as set forth in this Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Res. Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3) and 15378(b)(5). An activity is subject to CEQA only if that activity has “the potential for causing a significant effect on the environment.” (State CEQA Guidelines, § 15061(b)(3).) An activity is thus exempt from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Ibid.) Here, the adoption by reference in its entirety of Title 6 of the Riverside County Code of Ordinances into the San Jacinto Municipal Code as set forth in this Ordinance does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, § 15061(b)(3).) Moreover, approval of the Ordinance merely constitutes an administrative activity of the City and is additionally exempt from CEQA on that basis. (State CEQA Guidelines, § 15378(b)(5).)
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. Publication. The Mayor shall sign this Ordinance, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once, in a newspaper of general circulation, published and circulated in the City of San Jacinto, California.
SECTION 6. Effective Date. This Ordinance takes effect thirty (30) days from and after the date of its passage.
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PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council on the 7th day of May 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF SAN JACINTO:
________________________________
Phil Ayala, Mayor
City of San Jacinto
ATTEST:
__________________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER, LLP
__________________________________
Craig Hayes, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 24-03 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 7th day of May 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 7th day of May 2024. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto
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TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Electric Vehicle Charging Stations - Ordinance 24-11 Introduction RECOMMENDATION:
Staff recommends that the City Council:
1. Determine that the proposed Ordinance is EXEMPT from CEQA pursuant to pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations.
Specifically, this Ordinance only establishes a streamlined process for electric vehicle charging station permits and merely authorizes administrative activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential to cause a significant effect on the environment.
2. Introduce Ordinance No. 24-11 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, ADDING CHAPTER 15.60 TO TITLE 15 OF THE MUNICIPAL CODE
RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS
FOR ELECTRIC VEHICLE CHARGING STATIONS
BACKGROUND:
AB 1236 (Chiu, 2015), codified in Government Code Section 65850.7, requires all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations (EVCS). The law was developed to further the availability of charging infrastructure to help drive the deployment of zero-emission vehicles—the faster charging stations are deployed, the sooner California’s air quality improves, greenhouse gas emissions are reduced, and local economic benefits are captured.
AB 970 (McCarty, 2021), codified in Government Code Section 65850.71, builds on California's existing permit streamlining law, AB 1236. Jurisdictions are required by AB 1236 to limit EVCS project review to health and safety requirements. AB 970 adds specific binding timelines to that review period based on the size of the project and clarifies parking requirements.
AB 1236 and AB 970 apply to all charging station installations, including Level 1, Level 2, and DC Fast Charging; public and private charging stations; light-, medium-, and heavy-duty electric vehicle charging stations; and stations that are installed as the accessory or primary use of a site.
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AB 1236 and AB 970 likewise apply to essential components and infrastructure necessary for charging station function.
All cities and counties, including charter cities in California, are required to comply with AB 1236 and AB 970.
EVCS Permit Application Timelines Established by AB 970 1-25 station project at a single site: An EVCS applications are deemed complete if, after 5 business days, the City has not either (1) found the application to be complete or (2) issued a written deficiency notice (a) detailing all changes needed to make the application consistent with the City EVCS permitting checklist or (b) identifying specific information necessary for the Building Official to conduct a limited review of whether the project meets all health and safety requirements.
If not already approved or denied pursuant to the requirements of AB 1236 (Section 65850.7(b) or (c), respectively), the application will be deemed approved 20 business days after it was deemed complete if (1) the City has not made a finding, based on substantial evidence, that the EVCS could have a specific adverse impact upon the public health or safety; (2) the City has not required the applicant to apply for a use permit as specified in Section 65850.7(b); and (3) an appeal has not been made to the Planning Commission pursuant to Section 65850.7(d). 26 or more stations at a single site: The process described above is the same for applications including 26 or more EVCS at a site, except an EVCS application will be deemed complete after 10 business days and will be deemed approved 40 business days after being deemed complete.
Parking Requirements
AB 970 states that cities and counties shall reduce the number of required parking spaces by the amount necessary to accommodate the EVCS if the EVCS and associated equipment interferes with, reduces, eliminates, or in any way impacts the required parking spaces for existing uses.
Online or Electronic Submittal; Association Approvals
AB 1236 requires that Cities provide an electronic submittal process and accept electronic signatures for applications. In addition, AB 1236 prohibits Cities from requiring or conditioning a permit for an EVCS on an association, such as a Homeowners Association, Master Property Association, etc.
DISCUSSION:
The proposed Ordinance would amend Title 15 – Buildings and Construction to add Section
15.60 – Electrical Vehicle Charging Stations and incorporate all of the above provisions to align with State Law. With the recent launch of San Jacinto Connect Online, the City already accepts electronic permit submittals, compliant with the provisions of AB 1236 and AB 960. Upon the effective date of the Ordinance, a new Permit Workclass will be available to the public that includes the application checklist information and would provide for the expedited review of the proposed permit.
To better align with the City’s Development Process, the Ordinance includes a provision for a
4.2 Packet Pg. 501
Minor Use Permit (“MUP”), which is reviewed by the Director, for EVSCs that do not comply with the health and safety requirements of the City. The MUP decision can be appealed to the Planning Commission and, ultimately, the City Council if necessary.
FISCAL IMPACT:
There is no fiscal impact to the General Fund for the adoption of Ordinance No. 24-11 as the Ordinance establishes a streamlined permit review process and checklist but does not change, reduce, or otherwise modify fees or permit costs.
ATTACHMENTS:
Ordinance No. 24-11
Electronic Vehicle Charging Station Permit Streamlining Fact Sheet
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Ordinance No. 24-11
ORDINANCE NO. 24-11
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, ADDING CHAPTER 15.60 TO TITLE 15 OF THE
MUNICIPAL CODE RELATING TO AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR ELECTRIC
VEHICLE CHARGING STATIONS
WHEREAS, the City of San Jacinto, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, the State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations; and WHEREAS, Assembly Bill 970 (Chapter 710, Statutes of 2021), requires, beginning January 1, 2023, such permitting applications, to be deemed complete, and subsequently deemed approved, at a certain point after submission if the City has not taken certain specified actions with respect to the applications; and WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles; and.
WHEREAS, the City wishes to amend its Municipal Code to meet State law and to facilitate convenient charging of electric vehicles.
THE CITY COUNCIL OF THE CITY OF CITY OF SAN JACINTO, DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Ordinance.
SECTION 2. Addition to City’s Municipal Code. Chapter 15.60 is hereby added to Title 15 of the City of San Jacinto Municipal Code to read as follows:
“Chapter 15.60 – ELECTRICAL VEHICLE CHARGING STATIONS
15.60.010 – Purpose
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The purpose 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 public health and safety in a manner consistent with California Government Code section 65850.7.
15.60.020 – Definitions
A. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any costeffective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.
B. “Director” means the Planning and Community Development Director or his or her designee.
C. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
D. “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 application was deemed complete.
E. “Electronic submittal” means the utilization of the City’s Online Permit Portal.
F. “Online Permit Portal” means San Jacinto Connect Online, or subsequent electronic plan and permit portal as designated by the City.
G. “Submission of the application” shall refer to the date on which the permit application and accompanying documentation are officially transmitted via the City's Online Permit Portal, along with the payment of any applicable permit fees; whichever is later.
H. “Business days” shall be Monday through Thursday,
excluding City holidays. Submittals received after 5:00pm shall be considered submitted on the following business day.
15.60.030 – Electrical Vehicle Charging Station Requirements
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A. The electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company 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 applicable provisions of the California Electrical Code.
C. 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 equipment shall be considered a continuous load.
D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations 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 stations shall not adversely affect building elements.
15.60.040 – Expedited Permitting Process
A. The Director shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review.
The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.
15.60.050 – Permit Application Process
A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and
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building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.
B. A permit application that satisfies the information
requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the City.
C. If the Director determines that the permit application is incomplete, he or she 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.
D. Permit applications covered by this chapter and associated supporting documentations shall be Electronically Submitted utilizing the San Jacinto Connect Online portal, or applicable alternative as approved by the Director. In accepting such permit applications, all forms, applications, and other documentation shall be electronically signed by the applicant.
15.60.060 – Permit Review
A. The Director shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this chapter, the Director retains authority at all times to identify and address higher priority life-safety situations.
B. If the Director 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 Minor Use Permit pursuant to Chapter
17.605 of the Development Code. The Director’s decision may be appealed by the applicant to the Planning Commission pursuant to Chapter 17.715 of the Development Code.
C. An application for a Minor Use Permit to install an electric vehicle charging station shall not be denied unless the Director 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 there is no feasible method to
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satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Director’s decision may be appealed by the applicant to the Planning Commission. If denied by the Planning Commission, the applicant may appeal to the City Council. Appeals shall be filed consistent with Chapter 17.715 of the Development Code.
D. In the technical review of a charging station application, the Director shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
E. Upon confirmation by the Director that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Director shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.
F. An application to install an electric vehicle charging station submitted to the Director of the City shall be deemed complete if, after the applicable time period has elapsed, both of the following are true:
(1) The Director has not deemed the application complete, consistent with the checklist created by the City pursuant to Government Code section 65850.7(g).
(2) The Director has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Director to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Government Code section 65850.7.
G. For purposes of paragraph (F), “applicable time period” means either of the following:
(1) Five business days after submission of the application to the City if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
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(2) Ten 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.
H. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (G) has elapsed and all of the following are true:
(1) The Director has not administratively approved the
application pursuant to Government Code section 65850.7(b). (2) The Director has not made a finding, based on
substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to Government Code section 65850.7(b).
(3) The Director of the City has not denied the Minor Use Permit pursuant to Government Code section 65850.7(c).
(4) An appeal has not been made pursuant to Chapter
17.715 of the Development Code.
I. For purposes of paragraph (H), “applicable time period means” either of the following:
(1) Twenty business days after the application was
deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. (2) Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.
J. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the City shall reduce the number of required parking spaces for existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.
SECTION 3. CEQA. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a "project" pursuant
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to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations. Specifically, this Ordinance only establishes a streamlined process for electric vehicle charging station permits and merely authorizes administrative activities which will not result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. Publication/Effective Date. This Ordinance shall take effect thirty (30) days after its adoption and, within fifteen (15) days after its passage, shall be published at least once in a newspaper of general circulation published and circulated within the City.
INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on May 7, 2024.
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PASSED, APPROVED, AND ADOPTED this 21st of May 2024 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Phil Ayala, Mayor
ATTEST:
___________________________________
Julia Espinosa, City Clerk
APPROVED AS TO FORM:
___________________________________
Craig Hayes
City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 24-11 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 7th day of May 2024.
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 21st day of May 2024. __________________________
Julia Espinoza, City Clerk
City of San Jacinto
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Packet Pg. 511 Attachment: Ordinance No. 24-11 (Electric Vehicle Charging Stations - Ordinance 24-11 Introduction)
Electric Vehicle Charging Station
Permit Streamlining Fact Sheet
AB 1236 (Chiu, 2015) and AB 970 (McCarty, 2021)
Requirements for Cities and Counties
EVCS Permit Streamlining Overview Permit Streamlining Law Applicability AB 1236 (Chiu, 2015), codified in Government Code Section 65850.7, requires all California cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations (EVCS). The law was developed to further the availability of charging infrastructure to help drive the deployment of zero emission vehicles—the faster charging stations are deployed, the sooner California’s air quality improves, greenhouse gas emissions are reduced, and local economic benefits are captured.
Pursuant to AB 1236, cities and counties must adopt a
streamlining ordinance and checklist. Current city and county streamlining status is reflected on the EVCS Streamlining Map and jurisdictions are graded based on the Permitting Electric Vehicle Charging Stations Scorecard, which includes the streamlining requirements of AB 1236 and reiterated below.
Scoring Criteria:
1. Streamlining Ordinance for Expedited EVCS Permit
Process
2. Permitting Checklists Online for L2 & DCFC
3. Administrative Approval of EVCS
4. Approval Limited to Health & Safety Review
5. Electronic Signatures Accepted
6. EVCS Not Subject to Association Approval
7. One Complete Deficiency Notice if Application is
Incomplete
AB 970 (McCarty, 2021), codified in Government Code
Section 65850.71, builds on California's existing permit streamlining law, AB 1236. Jurisdictions are required by AB 1236 to limit EVCS project review to health and safety
requirements. AB 970 adds specific binding timelines to that review period based on the size of the project and clarifies parking requirements (see below).
To meet the AB 970 timelines and requirements of AB 1236, the city or county should provide one complete set of
comments detailing all application deficiencies, which the applicant should address in a streamlined and complete manner through modifications to the existing application.
To avoid the need for corrections, project applicants should communicate with local permitting jurisdictions to ensure application compliance with building, electrical, accessibility, and any health and safety requirements.
AB 1236 and AB 970 apply to all charging station
installations, including: Level 1, Level 2, and DC Fast Charging; public and private charging stations; light-, medium-, and heavy-duty electric vehicle charging stations; and stations that are installed as the accessory or primary use of a site. AB 1236 and AB 970 likewise apply to essential components and infrastructure necessary for charging station function.
All cities and counties, including charter cities, in California are required to comply with AB 1236 and AB 970. AB 970
shall become operative on January 1, 2022 for every city, county, or city and county with a population of more than 200,000 residents. This section shall apply beginning on January 1, 2023 for every city, county, or city and county with fewer than 200,000 residents.
EVCS Permit Application Timelines
1-25 station project at a single site: An EVCS application will be deemed complete if after 5 business days the city or county has not either (1) found the application to be complete or (2) issued a written deficiency notice (a) detailing all changes needed to make the application consistent with the city or county EVCS permitting checklist or (b) identifying specific information necessary for the Building Official to conduct a limited review of whether the project meets all health and safety requirements. If the city or county has not yet created its checklist, the deficiency notice will be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law per AB 1236.
If not already approved or denied pursuant to the requirements of AB 1236 (Section 65850.7(b) or (c), respectively), the application will be deemed approved 20 business days after it was deemed complete if (1) the city or county has not made a finding, based on substantial evidence, that the EVCS could have a specific adverse impact upon the public health or safety; (2) the city or county has not required the applicant to apply for a use permit as specified in Section 65850.7(b); and (3) an appeal has not been made to the planning commission pursuant to Section 65850.7(d).
26 or more stations at a single site: The process described above is the same for applications including 26 or more EVCS at a site, except: an EVCS application will be deemed complete after 10 business days and will be deemed approved 40
business days after deemed complete.
For all legal requirements and appropriate city/county permitting considerations, please refer to AB 1236 and AB 970.
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Packet Pg. 512 Attachment: Electronic Vehicle Charging Station Permit Streamlining Fact Sheet (Electric Vehicle Charging Stations - Ordinance 24-11 Electric Vehicle Charging Station
Permit Streamlining Fact Sheet
Parking Requirements EVCS Permitting Resources
AB 970 clarifies that cities and counties shall reduce the number of required parking spaces by the amount necessary to accommodate the EVCS if the EVCS and associated
equipment interferes with, reduces, eliminates, or in any way impacts the required parking spaces for existing uses.
Connecting to the Grid & Operation
Utility approval to begin the grid connection process is a separate and distinct approval process from the city and county EVCS permitting process. Project applicants should involve their local utility early in the planning process to understand the timeline for interconnection and delineation of responsibilities, which vary by utility territory.
Before a station can be used, it must pass final inspection(s) by the local permitting jurisdiction and utility. The local jurisdiction and utility processes should be coordinated to mitigate delays, reduce inspections, and expedite site
energization and commissioning.
For resources on how to become a streamlined jurisdiction, refer to Permitting Electric Vehicle Charging Stations: Best Practices. The Electric Vehicle Charging Station Permitting Guidebook covers planning and site selection, permitting, accessibility, grid interconnection, and construction,
commissioning and operation procedures, and best
practices. The Guidebook will be updated to include the provisions of AB 970 in 2022.
Related Relevant Laws
AB 1100 (Kamlager-Dove, 2019), codified in Vehicle
Code Section 22511.2: charging spaces count as at least one standard parking space for complying with minimum
parking requirements. Accessible charging spaces with an access aisle count as at least two standard parking spaces.
Civil Code Section 4745: limits a homeowner association’s ability to prohibit or restrict the installation of an EVCS by a member.
Civil Code Section 1947.6 (residential) and Civil Code
Section 1952.7 (commercial): tenants have the right to
install EVCS and landlords must grant permission under
specified circumstances.
EVCS Permit Process and Timeline
Ordinance
Checklist I Online Application
"4/
Permit Submittal I •
Plan Review
(Health and
Safety)
Resubmittal Deficiency Notice*
.. ..·· ·•... . ... ················ • The deficiency notice should include one complete set of comments. 20-40 Days
I
I 5-10 Days
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PERMIT STREAMLINING | INCENTIVE OPPORTUNITIES | ADDITIONAL RESOURCES Version 1
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Packet Pg. 513 Attachment: Electronic Vehicle Charging Station Permit Streamlining Fact Sheet (Electric Vehicle Charging Stations - Ordinance 24-11