Fullerton Municipal Code Ch. 14.30 Permit Process for Electric Vehicle Charging Stations and Hydrogen…

(A) Purpose. This chapter is adopted to provide an expedited, streamlined permitting process for electric vehicle charging and hydrogen fueling stations that will encourage the timely and cost-effective installation of electric vehicle charging and hydrogen fueling stations. This chapter is intended to achieve these goals while promoting public health and safety in a manner consistent with Cal. Gov’t Code § 65850.7.

(B) Title. The ordinance codified in this chapter shall be known and designated as the “Electric Vehicle Charging and Hydrogen Fueling Stations Permits Ordinance.”

(Ord. 3332, passed - -2024)

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

BUILDING OFFICIAL or OFFICIAL. The City Building Official or designee.

CHARGING STATION(S). Electric vehicle charging station(s) or hydrogen fueling station(s).

ELECTRONIC SUBMITTAL. The utilization of one or more of the following:

(1) E-mail;

(2) The Internet via a city portal; and

(3) Facsimile.

ELECTRIC VEHICLE CHARGING STATION(S). An electric vehicle supply equipment station, of any level, that delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle and is designed and built in compliance with 24 C.C.R. Part 3, Article 625, §§ 625.1 et seq., as it reads on the effective date of this chapter, or as it may be subsequently amended.

HYDROGEN FUELING STATION(S). The equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that are open to the public.

NONCONFORMING CHARGING STATION. Any charging station that was lawfully established and in compliance with all applicable laws at the time it was installed, but which, due to enactment of this chapter, no longer complies with all the applicable regulations and standards of the zone in which the property is located.

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 city found the electric vehicle charging station or hydrogen fueling station application complete.

(Ord. 3332, passed - -2024)

(A) This chapter applies to the permitting of all charging stations in the city, except for charging stations located on publicly owned property.

(B) Unless modified after the effective date of this chapter, nonconforming charging station(s) are exempt from this chapter. Routine operation and maintenance, or like-kind replacements, do not require a permit.

(Ord. 3332, passed - -2024)

(A) General standards. All electric vehicle charging stations and hydrogen fueling stations must meet all applicable health and safety standards and requirements, as set forth in federal, state, county and municipal codes and regulations.

(B) Specific requirements for electric vehicle charging stations.

(1) Electric vehicle charging stations must meet all applicable safety and performance standards established by applicable law, including, without limitation, the Society of Automotive Engineers, the National Electrical Manufacturers Association and accredited testing laboratories, such as Underwriters Laboratories and, where applicable, 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 Cal. Electrical Code, 24 C.C.R. Part 3, Article 625, and all applicable provisions of said Electrical Code.

(3) 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 Cal. Electrical Code. Electric vehicle charging station equipment shall be considered a continuous load.

(4) Anchorage of either floor-mounted or wall-mounted electric vehicle charging equipment shall meet the requirements of the Cal. Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging equipment shall not adversely affect building elements such as but not limited to doors, windows, architectural features and the like.

(C) Specific requirements for hydrogen fueling stations.

(1) Required. A hydrogen fueling station 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; and

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

(2) Location. For the purposes of qualifying for the streamlined permitted process provided in this chapter, a hydrogen fueling station must be on a parcel that satisfies either of the following:

(a) The parcel is zoned for industrial or commercial land use or development and does not contain any residential units; or

(b) The parcel was previously developed with a service station. For the purpose of this division (C)(2)(b), SERVICE STATION means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.

(D) All parking spaces associated with electric vehicle charging station(s) and hydrogen fueling station(s) must meet all applicable standards, including, without limitation, any and all parking space standards adopted by the city and the California Building Code.

(Ord. 3332, passed - -2024)

(A) All documents required for the submission of an electric vehicle charging station and hydrogen fueling station application will be made available on the city’s website and at City Hall.

(B) Applicants may submit the required permit application and documents by submitting them either via electronic submittal or by delivering them to the Building and Safety Division of the Community and Economic Development Department. An applicant’s electronic signature will be accepted on all forms, applications and other documents in lieu of a wet (ink) signature.

(C) The Building Official, or designee, will adopt a checklist of all requirements with which the electric vehicle charging station and/or hydrogen fueling station must comply to be eligible for expedited review. The electric 5 2 6 7 vehicle permit process, standard(s) and checklist(s) may refer to the recommendations contained in the most current version of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research, including the checklist and standards contained in the “Plug-In Electric Vehicle Infrastructure Permitting Checklist.” The city’s adopted checklist shall be published on the city’s website.

(D) If an application is submitted to the city and the Building Official deems the application incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance must be sent to the applicant for resubmission. The correction notice must be sent as follows:

(1) Five business days after submission of the application to the city, if the application is for at least one, but not more than 25 electric vehicle charging stations at a single site; or

(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.

(E) A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and be promptly processed pursuant to this chapter. A completed application does not authorize an applicant to energize or utilize an electric vehicle charging station and/or hydrogen fueling station until approval and all necessary permits are granted by the city.

(Ord. 3332, passed - -2024)

(A) Review of an electric vehicle charging station or hydrogen fueling station permit application is limited to whether the application meets local, state and federal health and safety requirements. If the application meets the requirements of the approved checklist and standards, and the proposed electric vehicle charging station and/or hydrogen fueling station does not pose any specific, adverse impact upon public health or safety, the Building Official must approve the application.

(B) If the Building Official determines, based on the application, that the proposed electric vehicle charging station and/or hydrogen fueling station could have a specific, adverse impact upon the public health and safety, the Building Official may require an “electric vehicle charging station use permit” or a “hydrogen fueling station use permit.” The permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(C) The Building Official must notify an applicant whether the application has been approved, or, alternatively, whether the applicant must obtain an “electric vehicle charging station use permit” or a “hydrogen fueling station use permit,” within 30 days after the submission of a complete application. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.

(D) An application for an “electric vehicle charging station use permit” or a “hydrogen fueling station use permit” can only be denied if the Building Official finds that: the proposed installation would have a specific, adverse impact upon public health or safety; and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. These findings must be presented in writing, must include the basis for the rejection of the potential feasible alternative for preventing the adverse impact and must be based upon substantial evidence in the record.

(E) An application is considered approved if, within 20 business days for up to 25 stations and 40 business days for more than 25 stations after being deemed complete, the following actions have not occurred: the city has not given its approval; the Building Official has not identified any potential public health or safety risks or requested a use permit; the permit has not been denied, and; no appeal has been filed with the City Planning Commission.

(F) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact may include, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on a prior successful application for an “electric vehicle charging station use permit” or a “hydrogen fueling station use permit,” where the proposed charging station is similarly situated to the charging station in that prior successful application.

(G) Any decision by the Building Official or his or her designee made pursuant to this chapter may be appealed to the Planning Commission in accordance with the procedure set forth in Title 15 of this code.

(Ord. 3332, passed - -2024)