1 City Council Meeting: May 26, 2026 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO ESTABLISH STANDARDS AND PROCEDURES OF
APPROVAL FOR LIGHT FLEET-BASED SERVICE WITH ELECTRIC VEHICLE
CHARGING FACILITIES AND CREATE A USE CLASSIFICATION FOR LIGHT-FLEET
BASED SERVICE WITH ELECTRIC VEHICLE CHARGING
WHEREAS, the State of California has enacted legislation intended to accelerate the deployment of electric vehicle (“EV”) charging infrastructure and reduce local barriers to electrification and emerging transportation technologies; and WHEREAS, significant measures affecting local land use and permitting authority include Assembly Bill 1236 (2015) (“AB 1236”) and Assembly Bill 970 (2025) (“AB 970”); and
WHEREAS, AB 1236 establishes a streamlined, expedited permitting process for EV charging stations and requires cities and counties to adopt an ordinance creating an administrative, nondiscretionary review process for eligible EV charging stations installations; and
WHEREAS, AB 1236 was intended to reduce permitting delays and support statewide greenhouse gas reduction goals by treating EV charging infrastructure similarly to other ministerial building permit activities; and
WHEREAS, AB 1236 requires local agencies to: (1) Develop and publish a checklist for EV charging station permit applications; (2) Approve qualifying applications through a ministerial process; (3) Conduct only limited review focused on health and 2 safety impacts; and (4) Avoid unreasonable restrictions that increase the cost or complexity of EV charging installations; and
WHEREAS, AB 970 expands on California’s prior EV charging streamlining laws by further limiting local discretionary review over certain EV charging and associated infrastructure projects; and
WHEREAS, AB 970 establishes additional timelines and procedural requirements for local agencies reviewing qualifying projects; and
WHEREAS, although AB 970 further constrains local discretion over qualifying EV charging infrastructure, cities retain authority to regulate land uses and operational characteristics that are distinct from the charging equipment itself; and WHEREAS, recent development proposals have introduced high-intensity fleet maintenance operations co-located with EV charging facilities; and WHEREAS, while EV charging infrastructure is protected pursuant to Government Code section 65850.7, these hybrid uses introduce land use impacts not fully addressed by existing regulations; and
WHEREAS, documented key concerns include, but are not limited to: (1) Queuing and staging in the public right-of-way; (2) Obstruction of emergency access routes; (3) Noise and lighting impacts on nearby residential areas; (4) Lack of operational accountability for fleet dispatch systems; and
WHEREAS, based on prior documented occurrences, additional impacts may arise due to concentrated arrival surges, limited driveway capacity, and the duration autonomous vehicles remain on-site; and
3 WHEREAS, continuous 24-hour operations further exacerbate these concerns by introducing nighttime queuing, noise, and light intrusion during sensitive hours, as evidenced by over 140 complaints associated with certain existing facilities; and WHEREAS, this emergency ordinance provides a framework that maintains compliance with State mandates while introducing a new use classification for fleet maintenance and objective operational standards to mitigate impacts from this kind of land use; and
WHEREAS, the emergency ordinance provides a limited discretionary review process retained only for rare cases involving documented adverse health and safety risks in accordance with State law; and
WHEREAS, this emergency ordinance balances state-mandated ministerial approval for EV charging with the City’s local authority to address land use impacts and public safety; and
WHEREAS, several applications for high-intensity fleet maintenance operations co-located with EV charging facilities have necessitated the immediate need for the City to address these land use impacts; and
WHEREAS, adoption of this Emergency Interim Zoning Ordinance is necessary to preserve public peace, health, safety and welfare as it will allow the City to address land use impacts and public safety associated with high-intensity fleet maintenance operations co-located with EV charging.
4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.31.165, Light Fleet-Based Service with Electric Vehicle Charging, is hereby added and shall read as follows:
9.31.165 Light Fleet-Based Service with Electric Vehicle Charging A. Purpose and Applicability. The purpose of this Section is to set forth specific standards for Light Fleet-Based Service with Electric Vehicle Charging, as defined by Section 9.51.020(D)(6.5), in order to mitigate impacts to public right-of-way, impacts on adjacent residentially zoned property, and documented adverse impacts upon public health or safety.
B. Location. Light Fleet-Based Service with Electric Vehicle Charging shall be permitted in the General Commercial (GC), Industrial Conservation (IC), and Transit Adjacent (TA) Zoning Districts, subject to ministerial approval or a Minor Use Permit as set forth in subsection (C), below.
C. Procedure.
1. Ministerial Approval. Except as provided for in subsection (C)(2) below, applications for Light Fleet-Based Service with Electric Vehicle Charging shall be reviewed and approved administratively through the issuance of a building permit subject to compliance with the requirements of this section.
2. Minor Use Permit Required. A Minor Use Permit shall be required in accordance with Chapter 9.41 if, during the course of plan check review, the Director, or designee, determines, based on substantial evidence, that the Light Fleet-Based Service with EV Charging could have a specific, adverse impact upon the public health or safety. 5 For purposes of this section “specific, adverse impact” shall have the same meaning as set forth in Government Code section 65850.7(i)(5). If a Minor Use Permit is required, the City shall send a written determination to the applicant in compliance with the applicable time periods set forth in Government Code section 65850.71. A Minor Use Permit application shall be submitted to the City in compliance with Chapter 9.41.
3. The Minor Use Permit shall contain site-specific operational conditions to mitigate the specific, adverse impacts upon the public health or safety.
D, Use Standards
1. Dispatch Coordination Plan
a. Prior to building permit issuance, the applicant shall submit a Parking and Loading Operations Plan with a fleet dispatch coordination component that indicates when dispatching and vehicle arrives will be slowed, held, or suspended for review and approval by the Mobility Division. The plan shall demonstrate how vehicle arrivals will be managed to prevent queuing in the public right-of-way. b. The plan shall coordinate dispatch timing with available charging capacity and internal site circulation and shall include, at a minimum, procedures for managing arrival rates, monitoring site occupancy in real time, and preventing vehicle staging when the facility is at capacity.
c. Operation of the facility shall be conducted in accordance with the approved plan.
6 2. Prohibition on Off-site Queuing and Emergency Vehicle Access Clearance a. Queuing.
i. Fleet vehicles shall not queue, stage, or idle in the public rightof-way, including adjacent alleys, or nearby residential streets. ii. All queuing must be accommodated within the site. Vehicles shall circulate off-site if the facility is at capacity. iii. If vehicles already en route to the site must delay or circulate in order to comply with the approved arrival-rate and occupancy management strategy, such circulation shall not occur within a half mile of the site.
b. Adjacent alleys.
i. Adjacent alleys shall not be used for routine vehicle staging or queuing and may only function as an emergency overflow relief (“safety valve”) to preserve required clearance and prevent obstruction of highervolume streets. ii. Any temporary use of the alley for this purpose shall maintain the required 11-foot clear path at all times and shall be actively managed by on-site personnel.
3. Minimum Clearance
a. At all times, a minimum 11-foot clear width shall be maintained in all alleys and access ways consistent with all applicable provisions of the Santa Monica Municipal Code and fire access standards.
7 b. Vehicles shall not stage, queue, or idle in a manner that obstructs emergency vehicles or essential services on any adjacent public right-of-way.
4. Emergency Operations. Operations shall be conducted such that emergency access is continuously maintained without reliance on ad hoc vehicle repositioning or delayed manual intervention.
5. Limit to total vehicles served. The total number of vehicles on-site shall not exceed the number of available parking spaces on-site.
6. Minimum On-Site Staffing
a. A minimum of two (2) trained on-site personnel shall be present during all hours of operation to actively manage vehicle circulation, coordinate fleet dispatch, prevent queuing in the public right-of-way, and ensure that required emergency access is maintained at all times. At least one staff member shall be assigned to monitor the site entrance and adjacent public right-of-way. b. On-site personnel shall be responsible for real-time coordination with the fleet operator or dispatch system to regulate vehicle arrivals so that vehicles are dispatched to the site only when sufficient on-site capacity is available.
Personnel shall monitor site occupancy, control arrival flow, direct vehicles to available charging spaces, and reposition vehicles as necessary to prevent obstruction of travel lanes, alleys, or emergency access routes. c. Dispatching to the site shall be actively managed. It may be delayed, staggered, or suspended by the operator or on-site personnel as necessary to prevent queuing or circulation conflicts, or resolve queuing or circulation conflicts within five minutes.
8 d. At least one staff member shall be on-site who can coordinate repair of vehicle malfunctions that result in blocking the public right-of-way or impeded on-site vehicle circulation within five minutes.
7. Operational Monitoring and Reporting Requirements
a. The operator shall cooperate with ongoing City monitoring of site operations.
b. If the City determines that operations are not in compliance with the standards in this ordinance, including but not limited to, queuing, right-of-way obstruction, emergency access interference, or other public health and safety impacts, the operator shall participate in coordination meetings with the City and upon request, submit updated operational plans to mitigate impacts. Such updated plans may include required modifications to operations, including adjustments to staffing, dispatch coordination, or circulation management. Operator shall promptly implement operational modifications to the satisfaction of the City.
8. Site Liaison Contact Required.
a. Applicant shall designate a neighborhood liaison who is available responsible for addressing neighbor and transportation-related concerns and complaints.
b. If the operator receives any complaints about noise, light, glare, or traffic impacts, all reasonable efforts shall be taken to address and remediate the concerns in a timely manner.
9. Special Standards for Sites within 100 feet of residentially zoned property. 9 a. Noise Control Measures. The following noise control measures shall apply to light-fleet based services as a land use when associated with EV charging and located within 100 feet of a residentially-zoned property at the time the application is determined to be complete.
i. Operations shall comply with all applicable City noise regulations, including SMMC Chapter 4.12 (Noise), and shall be conducted in a manner that minimizes noise impacts on surrounding properties. ii. Operators shall install a sound wall of at least 8 feet high on the perimeter property lines.
iii. The circulation of the site shall be designed to reduce the need to backup vehicles.
iv. Overnight Noise Restrictions. Between the hours of 11 p.m. and 6 a.m.:
(A) On parcels located within 100 feet of a residentiallyzoned property at the time the application for the operation is determined complete, no light fleet-based service operations, as defined in Section 9.51.030(D)(6.5), shall be conducted, except that charging for non-autonomous vehicles may occur.
(B) No noise shall be generated that is plainly audible from an adjacent residential property line or from a distance of 100 feet from the source of the noise, whichever is closer. For purposes of this section, “plainly audible” shall mean the sound in question can be easily detected, without undue effort, by an enforcement officer of 10 normal unaided hearing. Words, phrases, or specific noise signatures need not be discernible or identifiable. When music is involved, the detection of rhythmic bass tones shall be sufficient to be considered plainly audible sound. Plainly audible does not implicate issues of subjective "loudness" – the plainly audible standard simply determines whether any noise can be heard regardless of the perceived "loudness." Plainly audible observation alone is sufficient to support and prove a noise disturbance. b. Lighting and Headlight Control
i. In accordance with Section 9.21.080, any on-site lighting shall be shielded in order to prevent light and glare impacts on nearby properties and uses.
ii. On-site lighting shall be oriented in a manner that faces away from all nearby residential uses.
iii. Between 11:00 p.m. and 6:00 a.m., site lighting shall not exceed the standards set forth in Section 9.21.080(F).
E. Exemptions for EV Charger Facilities from Active Use, Pedestrian-Oriented Design, Build-to-Lines, and Planting Area requirements. EV chargers and associated amenity buildings, including, but not limited to, restrooms, security kiosk, storage, and break rooms, are exempt from the requirements set forth in Section 9.11.030, subsections (A), (B), (C), and (G).
11 F. Exemptions from Certain Development Standards. Light Fleet-Based Vehicle Service with EV Charging are not considered parking lots and therefore the standards in Section 9.26.050(B) shall not apply.
G. Exemptions from Architectural Review. EV Chargers are exempt from Chapter
9.55 of the Zoning Ordinance.
H. Enforcement. If it is determined that the Light Fleet-Based Vehicle Service with EV Charging has violated the use standards in this section, or any MUP issued in accordance with this Section, the City may pursue all available remedies including, but not limited to, those under Section 9.48.
SECTION 2. Santa Monica Municipal Code Section 9.51.030(D)(6.5), Light FleetBased Service with Electric Vehicle Charging, is hereby added and shall read as follows:
9.51.030(D)(6.5) Light Fleet-Based Service with Electric Vehicle Charging.
Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of 3 or more vehicles with rated capacities less than 10,000 lbs. This classification includes the use of on-site electric vehicle charging in conjunction with the following activities, including, but not limited to, parking, dispatching, storage, fueling, cleaning, software servicing, vehicle maintenance and servicing, and offices for taxicab and limousine operations, autonomous fleet vehicles, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with 2 or fewer fleet vehicles on site (see Business Services).
This classification also does not include electric vehicle charging only facilities. 12 SECTION 3. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a 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 passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. This Ordinance is declared to be an emergency measure necessary for preserving the public peace, health, safety or welfare, adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings above and in the May 26, 2026 staff report, this Ordinance is necessary for preserving the public peace, health, safety, and welfare. As an emergency measure, this Ordinance will be effective immediately upon adoption.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective immediately upon adoption.
13 SECTION 7. This Ordinance shall be of no further force or as of July 25, 2026, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section
9.46.090(C).
APPROVED AS TO FORM:
_________________________
HEIDI VON TONGELN
City Attorney