Brea Municipal Code Ch. 14.08 Electric Vehicle Charging and Hydrogen-Fueling Stations

The purpose of this chapter is to fulfill the requirements of Cal. Gov’t Code § 65850.7 and to promote and encourage the use of electric vehicle charging and hydrogen-fueling stations through an expedited, streamlined permitting process for electric vehicle charging and hydrogen-fueling stations, while protecting public health and safety and preventing adverse impacts in the installation and use of such stations.

(Ord. 1194, 10-3-2017; Ord. 1269, 12/2/2025)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Electronic submittal."

The utilization of one or more of the following:

Electronic mail or email.

The internet.

Facsimile.

"Electric vehicle charging station or charging station."

Any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

"Hydrogen-fueling station."

The equipment and structural design components necessary to ensure the safety of the fueling station, including hydrogen-refueling canopies, that are used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that are open to the public.

"Specific, adverse impact."

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.

(Ord. 1194, 10-3-2017; Ord. 1269, 12/2/2025)

Consistent with Cal. Gov’t Code § 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and hydrogen-fueling stations, and adopt checklists of all requirements with which electric vehicle charging stations and hydrogen-fueling stations shall comply in order to be eligible for expedited review. The expedited, streamlined, permitting process and checklists may refer to the recommendations contained in the most current version of the “Electric Vehicle Charging Station Permitting Guidebook” or the “Hydrogen Station Permitting Guidebook,” published by the Governor’s Office of Business and Economic Development. The city’s adopted checklists and any other required permitting documentation shall be published on the city’s website.

(Ord. 1194, 10-3-2017; Ord. 1269, 12/2/2025)

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station or hydrogen-fueling station will not have any specific, adverse impact on health and safety of the public, including building occupants.

B. A permit application that satisfies the information requirements in the city’s adopted checklists shall be deemed complete and shall be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the city’s adopted checklists, and are consistent with all applicable laws and health and safety standards, including the requirements of Cal. Gov’t Code § 65850.7(f), the Building Official shall approve the application and issue all necessary permits. Such approval does not authorize an applicant to utilize the electric vehicle charging station or hydrogen-fueling station until approval is granted by the city. If the Building Official 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.

C. The Building Official shall allow for electronic submittal of permit applications and any additional application documentation required by this chapter. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by an applicant.

(Ord. 1194, 10-3-2017; Ord. 1269, 12/2/2025)

The issuance of a permit for an electric vehicle charging station or hydrogen-fueling station shall authorize only the installation of such permitted station, in accordance with all permit requirements. Following its installation, the permitted station shall be used solely for the purpose of charging electric vehicles or fueling hydrogen vehicles. No signage or advertising of any kind, other than labeling identifying the manufacturer, shall be attached to the station. Any use of a permitted station for commercial purposes, i.e., requiring payment or rendering of anything of value as a condition of use of the permitted station, shall constitute a commercial use of the property where the station is located for purposes of the city’s Zoning Code, and shall render the permit issued pursuant to this chapter null and void.

(Ord. 1194, 10-3-2017; Ord. 1269, 12/2/2025)

A. It is the intent of this chapter to encourage the installation of electric vehicle charging stations and hydrogen-fueling stations by removing obstacles to their permitting, while maintaining the authority of the Building Official to address higher priority life-safety situations, consistent with Cal. Gov’t Code § 65850.7. If the Building Official makes a specific, written finding based on substantial evidence that the electric vehicle charging station or hydrogen-fueling station could have a specific, adverse impact upon the public health or safety, as defined in this chapter, the city may require the applicant to apply for a use permit. No complete application satisfying the requirements of this chapter shall be denied unless the city makes written findings, based on substantial evidence, that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no “feasible method to satisfactorily mitigate or avoid the specific, adverse impact” (as that term is defined in Cal. Gov’t Code § 65850.7(i)(1)).

B. Any decision of the Building Official to impose conditions or deny a permit may be appealed in accordance with the procedures established by the Board of Appeals, as set forth in Appendix B of the City Building Code, or any successor provisions thereto.

C. In the technical review of an electric vehicle charging station permit application or hydrogen-fueling station permit application, consistent with Cal. Gov’t Code § 65850.7, the Building Official shall not condition the approval for any such permit on the approval of such system by an association, as that term is defined by Cal. Civ. Code § 4080.

(Ord. 1194, 10-3-2017; Ord. 1269, 12/2/2025)

A. Specific requirements for electric vehicle charging stations.

1. 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 rules of the Public Utilities Commission regarding safety and reliability.

2. 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.

3. Electrical loads resulting from the 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.

B. Specific requirements for hydrogen-fueling stations.

1. Hydrogen-fueling station equipment shall meet all of the following, as applicable:

a. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.

b. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.

c. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook.

2. A hydrogen-fueling station permit application shall only be administratively approved on parcels that satisfy either of the following:

a. The parcel is zoned for industrial or commercial development and does not contain any residential units.

b. The parcel was previously developed with service station, where “service station” means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.

C. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations or hydrogen-fueling stations shall meet the requirements of the California Building or Residential Code, as applicable, based on the occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

(Ord. 1194, 10-3-2017; Ord. 1269, 12/2/2025)