Ordinance 23-25ORDINANCE NO. 23-25
AN ORDINANCE OF THE EASTVALE CITY COUNCIL ADDING CHAPTER 110.96
(ELECTRIC VEHICLE CHARGING SYSTEMS) TO THE EASTVALE MUNICIPAL CODE
WHEREAS, the State of California and the City of Eastvale have consistently
promoted and encouraged the use of fuel -efficient electric vehicles; and
WHEREAS, on October 8, 2015, the State of California adopted Assembly Bill 1236 and on
October 8, 2021, adopted Assembly Bill 970, which requires local agencies to adopt an ordinance
that creates an expedited and streamlined permitting process for electric vehicle charging
stations; and
WHEREAS, the creation of an expedited streamlined permitting process for electric
vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce
reliance on environmentally damaging fossil fuels; and
WHEREAS, the proposed Municipal Code Amendment has been fully evaluated and
considered with respect to the City's General Plan; and
WHEREAS, the Eastvale Planning Commission conducted a duly noticed public hearing on
April 19, 2023, at which time it received public testimony concerning Project No. PLN23-20017
and recommend City Council approval;
NOW, THEREFORE, THE EASTVALE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 110.96, "Electric Vehicle Charging Systems" is hereby added to the
Eastvale Municipal Code to read as follows:
CHAPTER 110.96.
ELECTRIC VEHICLE CHARGING SYSTEMS
SECTION 110.96.010 Purpose
A. PURPOSE. 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 and preventing specific adverse impacts in
the installation and use of such charging stations. This Chapter is also purposed to comply with
California Government Code Section 65850.7.
SECTION 110.96.020 DEFINITIONS
A. 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.
B. Specific, adverse impact. This 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. Electronic submittal. The utilization of one or more of the following:
1. Electronic mail or email.
2. The internet.
SECTION110.96.030 EXPEDITED PERMITTING PROCESS
A. Expedited Permitting Process. Consistent with Government Code Section 65850.7, the
Building Official 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 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 checklist shall be published on the
City's website.
SECTION 110.96.040 PERMIT APPLICATION PROCESSING
A. Prior to submitting an application for processing, the applicant shall verify that the
installation of an electric vehicle charging station will not have a specific, adverse impact on
public health and safety and 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; areas of charging station equipment and vehicle parking.
B. A permit application to install an electric vehicle charging station submitted to the building
official shall be deemed if, after the applicable time period described in paragraph C. has
elapsed, both the following are true:
1. The building official of the city, county, or city and county has not deemed the
application complete, consistent with the checklist created by the city, county, or city
and county pursuant to subdivision (g) of Section 5850.7.
2. The building official of the city, county, or city and county 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.
C. For purposes of paragraph B., "applicable time period means" either of the following:
1. Five business days after submission of the application to the city, county, or city and
county, 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, county, or city and
county, if the application is for more than 25 electric vehicle charging stations at a single
site.
D. An application to install an electric vehicle charging station shall be deemed approved if the
applicable time period described in paragraph C. has elapsed and all of the following are true:
1. The building official has not administratively approved the application pursuant to
subdivision (b) of Section 65850.7.
2. The building official has not made a finding, based on substantial evidence, that the
electric vehicle charging station could have a specific adverse impact on the public
health or safety or required the applicant to apply for a use permit pursuant to
subdivision (b) of Section 65850.7.
3. The building official has not denied the permit pursuant to subdivision (c) of Section
65850.7.
4. An appeal has not been made to the planning commission pursuant to subdivision (d) of
Section 65850.7.
E. For purposes of paragraph D., "applicable time period means" either of the following:
(A) 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.
(B) 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.
F. 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, county,
or city and county 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.
G. Consistent with Government Code Section 65850.7, the Building Official shall allow for the
electronic submittal of permit applications covered by this Ordinance and associated supporting
documentation. 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 any applicant.
SECTION110.96.050 TECHNICAL REVIEW
A. It is the intent of this Chapter to encourage the installation of electric vehicle charging
stations by removing obstacles to permitting charging stations so long as the action does not
supersede the Building Official's authority to address higher -priority life -safety situations. If the
Building Official/City Planner makes a finding based on substantial evidence that the electric
vehicle charging station could have a specific adverse impact on public health or safety, as
defined in this Chapter, the City may require the applicant to apply for an Administrative Permit
from Planning.
B. In the technical review of a charging station, consistent with Government Code Section
65850.7, the Building Official shall not condition the approval for 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.
SECTION 110.96.060 ELECTRIC VEHICLE CHARGING STATION INSTALLATION REQUIREMENTS
A. Electric vehicle charging station equipment shall meet the requirements of the California
Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers
Association, accredited testing laboratories such as Underwriters Laboratories, and rules of the
Public Utilities Commission or a Municipal 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.
Section 2. California Environmental Quality Act (CEQA) Determination. The City Council finds
that this Ordinance is not subject to the Adoption of this Ordinance is not subject to California
Environmental Quality Act (CEQA) pursuant to Sections 15060 (c)(2) and 15060(c)(3) of Title 14
of the California Code of Regulations because the adoption of this Ordinance would not result in
a direct or reasonably foreseeable indirect physical change in the environment and is not a
project.
Section 3. Severability.
If any section, subsection, paragraph, sentence clause or phrase of this chapter or any part
thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of
the remaining portion of this chapter or any part thereof. The City Council hereby declares that
it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid or
unenforceable.
Section 4. Effective Date.
This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code
section 36937.
Section S. City Clerk Action.
The City Clerk shall attest to the adoption of this Ordinance and cause the same to be published
in accordance with State law.
PASSED, APPROVED, AND ADOPTED this 10 day of June 2023.
APPROVED AS TO FORM:
U:� U
Erica Vega
City Attorney
Todd Rigby
Mayor
ATTEST:
Marc A. Donohue, MMC
City Clerk
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE)
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the
foregoing City Council Ordinance No. 23-25 was introduced at a regular meeting of the City
Council of the City of Eastvale held on the 24th day of May 2023, and was passed by the City
Council of the City of Eastvale at a regular meeting held on the 14' day of June, 2023, by the
following vote:
AYES: Councilmembers Lorimore, McMinn, Yow, and Mayor Rigby.
NOES:
ABSENT: Mayor Pro Tem Dinco.
ABSTAIN:
Marc A. Donohue, MMC
City Clerk