§ 4.304

Residential developments using outdoor potable water in landscape areas shall comply with one of the following options:

The current California Department of Water Resources' Model Water Efficient Landscape Ordinance (MWELO); or

Projects with aggregate landscape areas less than 2,500 square feet may comply with the MWELO's Appendix D Prescriptive Compliance Option.

(§ 17, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Sec. 8-7.06. - Amendments: Section 5.106 ("Site Development").

Section 5.106.4 of the California Green Building Code is hereby amended to add:

Section 5.106.4.1.2.4 Electrical Outlets. When bicycle parking for non-residential uses is provided indoors, standard 15 amp electrical outlets shall be provided equal to 25% of the required bicycle parking spaces.

Section 5.106.5.3 of the California Green Building Standards Code is hereby amended in its entirety to read as follows:

Section 5.106.5.3.1 Electric Vehicle (EV) Charging for New Construction. When parking is provided, parking spaces for nonresidential uses shall be provided in accordance with Sections 5.106.5.3.1.1 through 5.106.5.3.1.4.

Section 5.106.5.3.1.1 Offices. Level 2 EVCS: 20 percent of off-street parking spaces, and Level 2 EV Ready: 30 percent of off-street parking spaces.

Section 5.106.5.3.1.2 Public Parking Lots. Level 2 EVCS: 15 percent of off-street parking spaces, and Level 2 EV Ready: 20 percent of off-street parking spaces.

Section 5.106.5.3.1.3 Overnight Accommodations. Level 2 EVCS: 30 percent of off-street parking spaces, and Level 2 EV Ready: 20 percent of off-street parking spaces.

Section 5.106.5.3.1.4 All Other. Level 2 EVCS: 10 percent of off-street parking spaces, and Level 2 EV Ready: 10 percent of off-street parking spaces.

Section 5.106.5.3.2. Use of automatic load management systems (ALMS). ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum 3.3 kW while simultaneously charging multiple EVs.

Section 5.106.5.3.3 Accessible EVCS. When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code, Chapter 11 B, Section 11B-228.3. Note: For EVCS signs,

refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Section 5.106.5.4 of the California Green Building Standards Code is hereby deleted.

(§ 17, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)

Sec. 8-7.07. - Amendments: Section 8-7.07 ("Streamlined permitting process for electric vehicle charging systems").

Section 8-7.07 ("Streamlined permitting process for electric vehicle charging systems") is hereby added to read as follows:

(a)

Purpose. The purpose of this section is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with Assembly Bill 1236 (Chapter 598, Statutes 2015, Cal. Gov't Code § 65850.7) and Assembly Bill 970 (Chapter 710, Statutes 2021, Cal. Gov't Code §§ 65850.7 & 65851.71) to achieve timely and costly-effective installations of electric vehicle charging stations. The ordinance encourages the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the City of Pacifica ("City"), and expanding the ability of property owners to install electric vehicle charging stations. The ordinance allows the City of Pacifica to achieve these goals while protecting the public health and safety.

(b)

Definitions.

(1)

"A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

(2)

"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, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

(3)

"Electronic submittal" means the utilization of the City's online building permit web portal.

(4)

"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.

(c)

City building permit required.

(1)

A City building permit is required to install an electric vehicle charging station.

(2)

An application for a City building permit to install an electric vehicle charging station shall be processed in accordance with Government Code Sections 65850.7 and 65850.71.

(d)

Review of applications. The following expedited, permitting process applies to applications for a building permit to install an electric vehicle charging station:

(1)

Application. The City will make the following available on the City's website: the City's standard building permit application form; and the City's standard electric vehicle charging station plan form and checklist. The checklist will include all requirements that an electric vehicle charging station must meet to be eligible for review and approval under this section. An application to install an electric vehicle charging station may be submitted electronically.

y's website: the City's standard building permit application form; and the City's standard electric vehicle charging station plan form and checklist. The checklist will include all requirements that an electric vehicle charging station must meet to be eligible for review and approval under this section. An application to install an electric vehicle charging station may be submitted electronically.

A building permit application will be deemed complete if the Building Official determines that the application includes all of the information and documents required by the standard application form, the standard plan form, and the standard checklist, and is consistent with all applicable laws and health and safety standards. If an application is deemed incomplete, the Building Official will notify the applicant in writing of the additional information needed to complete the application. After an application is deemed complete, the Building Official will perform an expedited review of the application and all submittals.

(2)

Application review.

(A)

The City shall administratively review and approve an application to install an electric vehicle charging station through the issuance of a building permit. Review of an application to install an electric vehicle charging station shall be limited to the Building Official's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety.

(B)

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 Building Official may

require the applicant to apply for a use permit as provided in Article 33 of Chapter 4 of Title 9 of the Pacifica Municipal Code. The decision of the Building Official to require approval of a use permit prior to issuance of a building permit may be appealed to the Planning Commission pursuant to the provisions in Section 9-4.3804 of the Pacifica Municipal Code.

(C)

The City may not deny an application for a 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 there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. 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.

(D)

The City shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code.

(E)

An application to install an electric vehicle charging station submitted to the Building Official shall be deemed complete if, after the applicable time period described in subsection (iii) has elapsed, both of the following are true:

(i)

The Building Official has not deemed the application complete, consistent with the checklist created by the City, pursuant to subdivision (g) of Section 65850.7 of the Government Code.

(ii)

The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official 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 Section 65850.7 of the Government Code.

(iii)

For purposes of subsection (E), "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.

(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.

(3)

Permit issuance. A building permit will be issued following the Building Official's approval of an application for an electric vehicle charging station and after all required fees have been paid.

(A)

An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (2) has elapsed and all of the following are true:

(i)

The Building Official has not administratively approved the application pursuant to subdivision (b) of Section 65850.7 of the Government Code.

(ii)

The Building Official 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 subdivision (b) of Section 65850.7 of the Government Code.

(iii)

The Building Official has not denied the permit pursuant to subdivision (c) of Section 65850.7 of the Government Code.

(iv)

An appeal has not been made to the Planning Commission, pursuant to subdivision (d) of Section 65850.7 of the Government Code.

(4)

Inspection and authorization to operate. As soon as practicable after the applicant notifies the Building Official that an electric vehicle charging station has been installed, the Building Official will inspect the system to verify compliance with the building permit. If the Building Official determines that a system was not installed in compliance with a building permit, the Building Official will notify the permittee of the actions needed to comply with the building permit and will conduct additional inspections as necessary. No electric vehicle charging station may be operated unless the Building Official verifies in writing that it complies with the building permit.

(e)

Electric vehicle charging station installation requirements.

(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)

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.

(4)

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.

(5)

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 the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.

(f)

Requirements cumulative. The requirements of this chapter are in addition to any other applicable requirements of this Code, and any requirements of a utility provider, that must be satisfied before an electric vehicle charging station may be installed or operated.

(§ 17, Ord. 886-C.S., eff. January 1, 2023; § 5, Ord. 904-C.S., eff. January 1, 2026)