HomeMy WebLinkAboutStaff Report 2506-4820CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, August 11, 2025
Council Chambers & Hybrid
5:30 PM
Agenda Item
15.FIRST READING: Adoption of an Ordinance Adding PAMC Chapter 16.15 to Restate
Procedures for Expedited Permitting of Electric Vehicle Charging Systems to Comply with
State Law. CEQA Status: Exempt under CEQA Guidelines Section 15061(b)(3).
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: August 11, 2025
Report #:2506-4820
TITLE
FIRST READING: Adoption of an Ordinance Adding PAMC Chapter 16.15 to Restate Procedures
for Expedited Permitting of Electric Vehicle Charging Systems to Comply with State Law. CEQA
Status: Exempt under CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance restating procedures for
expedited permitting of electric vehicle charging systems to comply with Government Code
Section 65850.7 and to restore provisions previously adopted under Ordinance No. 5415,
including new findings related to the public health and safety impact of tree protection
standards.
BACKGROUND
Government Code Section 65850.7, enacted by Assembly Bill 1236 (2015), requires local
agencies to adopt an ordinance that provides an expedited, streamlined permitting process for
electric vehicle charging systems (EVCS). In 2021, Assembly Bill 970 added mandatory timelines
for processing these applications. Together, these laws establish the parameters for local
review, limit discretionary actions, and require that cities publish objective checklists for
applicants.
The City of Palo Alto complied with these mandates in 2017 by adopting Ordinance No. 5415,
which added Section 16.14.440 to the Palo Alto Municipal Code. However, the provisions
adopted by that ordinance were inadvertently removed during a subsequent amendment to
Chapter 16.14. The proposed ordinance corrects that administrative error by reinstating the
required permitting procedures in a new standalone chapter—Chapter 16.15.
Although the ordinance text was removed from the Code, the City has continued to review and
process EVCS applications consistent with the requirements of state law.
The ordinance also includes updated findings to support the application of the City’s tree
protection standards during EVCS permit review. These findings are intended to establish that
such standards qualify as objective public health and safety measures under Government Code
Section 65850.7.
ANALYSIS
Inclusion of Findings Related to Tree Protection Standards
The ordinance includes findings to establish that the City’s tree protection standards may be
applied during EVCS permit review without exceeding the limits of state law. These findings are
based on documented public health and safety effects associated with the loss of urban canopy
and the failure of damaged trees.
Mitigation of tree removal through canopy replacement or payment of an in-lieu fee;
and
Compliance with the City’s adopted standards for construction within a Tree Protection
Zone (TPZ), which include trenching by hand or air-spade and protective fencing
requirements to prevent root damage and tree destabilization.
Works Specifications and applied consistently to all construction activity involving a Tree
Protection Zone (TPZ), including limits on root disturbance and mandatory fencing setbacks.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Restating Procedures for
Expedited Permitting Processing for Electric Vehicle Charging Systems
The City Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations.
A. The State of California and the City of Palo Alto have consistently promoted and
encouraged the use of fuel-efficient electric vehicles.
B. The State of California recently adopted Assembly Bill 1236, which requires local
agencies to adopt an ordinance that creates an expedited and streamlined permitting process
for electric vehicle charging systems.
C. Creation of an expedited, streamlined permitting process for electric vehicle
charging stations would facilitate convenient charging of electric vehicles and help reduce the
City’s reliance on environmentally damaging fossil fuels.
D. On June 27, 2017, the City Council adopted Ordinance 5415, creating an
expedited permitting process for Electric Vehicle Charging Stations as Section 16.14.440 of the
Palo Alto Municipal Code.
E. The provisions adopted by Ordinance 5415 were inadvertently omitted from
subsequent ordinances amending Chapter 16.14 of the Palo Alto Municipal Code. The City
Council now wishes to correct this omission by re-codifying the provisions adopted by
Ordinance 5415 in their own chapter of the Palo Alto Municipal Code.
F. Urban tree canopy has a quantifiable impact on public health and safety. Near-
surface temperatures in cities generally significantly exceed those in surrounding rural areas
(the “urban heat island” effect). See A.J. Arnfield. Two decades of urban climate research: A
review of turbulence, exchanges of energy and water, and the urban heat island . International
Journal of Climatology, 23 (2003), pp. 1-26.
G. Heat exposure has been associated with adverse health outcomes, including
higher rates of all-cause and cardiovascular mortality and emergency hospitalizations, across a
range of study designs, and covering geographical regions worldwide. Bobb JF, Peng RD, Bell
ML, Dominici F. 2014. Heat-related mortality and adaptation to heat in the United States.
Environ Health Perspect 122:811–816; https://doi.org/10.1289/ehp.1307392. In the United
States, extreme heat is by far the most common cause of weather-related fatalities, accounting
for 207 fatalities in 2023 alone. National Weather Service Weather Related Fatality and Injury
Statistics, Available at: https://www.weather.gov/hazstat/.
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H. Climate change is anticipated to greatly exacerbate the public health impacts of
urban heat. One 2014 analysis found that an increase in average temperatures by 5°F (central
climate projection) would lead to an additional 1,907 deaths per summer across 105 U.S. cities
studied, which would exceed the total number of severe weather fatalities that occurred across
the United States in 2012 by more than a factor of three. Bobb et al., 2014.
I. A significant and growing body of research has shown that a change in the level
of urban tree canopy can have a quantifiable impact on the urban temperatures. A study of 27
U.S. cities analyzed the effects of a decrease in urban canopy over a ten-year period, and
concluded that full reforestation would cause average daily maximum summer air
temperatures to decline by an estimated average 1.7 °C (1.4–2.0 °C) across cities. Kroeger, T.,
McDonald, R. I., Boucher, T., Zhang, P. & Wang, L. Where the people are: Current trends and
future potential targeted investments in urban trees for PM10 and temperature mitigation in 27
U.S. cities. Landsc. Urban Plan. 177, 227–240 (2018).
J. Because the cooling effects of trees can be highly localized, a change in canopy
cover can affect the temperature of the immediate surroundings at levels that far exceed city-
level average change. A meta-analysis of studies on the cooling effects of street trees found
that cooling intensity varies from 0.4° C (0.7° F) to 3.0° C (5.4° F) depending on the site and the
time of day. McDonald, R.I., et al., Planting Healthy Air: A global analysis of the role of urban
trees in addressing particulate matter pollution and extreme heat. 2016, The Nature
Conservancy: Arlington, VA., www.nature.org/healthyair.
K. This cooling effect quantifiably reduces heat-related morbidity and mortality.
One study of 97 U.S. cities estimated that urban tree cover saves 245-346 lives annually and
helps avoid more than 50,000 doctor’s visits due to heat annually. McDonald, R. I., Kroeger, T.,
Zhang, P. & Hamel, P. The value of US urban tree cover for reducing heat-related health impacts
and electricity consumption. Ecosystems 23, 137–150 (2019).
L. Analysis of extreme heat events in Toronto, Canada found that the number of
heat-related ambulance calls was negatively correlated to canopy cover (Spearman Rank
rho = −0.094, p = 0.029) and positively correlated to hard surface cover (Spearman Rank
rho = 0.150, p < 0.001). Graham D.A., Vanos J.K., Kenny N.A., Brown R.D. The relationship
between neighbourhood tree canopy cover and heat-related ambulance calls during extreme
heat events in Toronto, Canada. Urban For. Urban Green. 2016;20:180–186.
doi: 10.1016/j.ufug.2016.08.005.
M. One study quantified the average difference in urban tree coverage between
majority white and majority person-of-color (POC) neighborhoods, and concluded that greater
urban tree canopy in majority white neighborhoods helps avoid 632 ± 100 deaths, while the less
robust tree canopy in majority POC neighborhoods helped avoid only 442 ± 97 deaths annually.
McDonald, R.I., Biswas, T., Chakraborty, T.C. et al. Current inequality and future potential of US
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urban tree cover for reducing heat-related health impacts. npj Urban Sustain 4, 18 (2024).
https://doi.org/10.1038/s42949-024-00150-3.
N. In another key study, researchers concluded that increased vegetative cover
could help offset projected increases in heat-related mortality for heat wave conditions in 2050
by 40 to 99% across three U.S. metropolitan regions. Stone B., Vargo J., Liu P., Habeeb D.,
DeLucia A., Trail M., Hu Y., Russell A. Avoided heat-related mortality through climate adaptation
strategies in three US cities. PLoS ONE. 2014;9:e100852. doi: 10.1371/journal.pone.0100852.
O. As extreme heat becomes increasingly common due to climate change, a project
that reduces the City’s urban canopy by requiring the removal of a tree would have a specific
adverse impact upon the public health or safety by reducing resistance to heat-related
morbidity and mortality.
P. Palo Alto requires the negative impact of tree removal to be mitigated through
canopy replacement or payment of an in-lieu fee. The City’s mitigation standards reflect best
practices in the Urban Forestry field. When installing an electric vehicle charging station would
require removal of a tree, compliance with these mitigation measures is necessary to avoid a
net reduction in urban tree canopy and the associated specific, adverse impact on the public
health or safety.
Q. Like a reduction in tree canopy, tree failure can cause significant adverse impacts
on public safety. An analysis of wind-related tree failures in the United States found those
failures caused 407 deaths from 1995 to 2007 at an average of 31 deaths per year (1 in 9.7
million). Schmidlin, T.W. 2009. Human fatalities from wind-related tree failures in the United
States, 1995–2007. Natural Hazards 50:13–25.
R. Construction activity in a tree’s root zone has a quantifiable impact on the risk of
tree failure. Trees adjacent to construction have been found to be nearly twice as likely to die
as those not exposed to development and redevelopment activities. Koeser, A., R. Hauer, K.
Norris, and R. Krouse. 2013. Factors influencing long-term street tree survival in Milwaukee, WI,
USA. Urban Forestry & Urban Greening 12:562–568.
S. Site inspections of fallen urban trees frequently reveal root damage and
evidence of trenching or other construction near the trunk of the tree. In one analysis of fallen
urban trees, 58% showed evidence of site or trenching works within four meters of trunk.
Moore, G.M. 2014. Wind-Thrown Trees: Storms or Management? Arboriculture & Urban
Forestry. 40:53-69.
T. Research indicates that enforcement of construction and excavation standards
within a tree protection zone (TPZ) is an important way to minimize the public safety risk of
tree falls. Steenberg, J.W.N., P.J. Robinson, and P.N. Duinker. 2018. A spatio temporal analysis
of the relationship between housing renovation, socioeconomic status, and urban forest
ecosystems. Environment and Planning B: Urban Analytics and City Science.
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U. Palo Alto has adopted TPZ excavation standards that reflect industry-wide best
practices to minimize damage to a tree’s root system. When installing an electric vehicle
charging station would require trenching or construction activity in a tree protection zone,
compliance with these standards is necessary to avoid a specific, adverse impact on the public
health or safety.
SECTION 2. Chapter 16.15 (Expedited Permitting Process for Electric Vehicle Charging
Stations) of the Palo Alto Municipal Code is hereby added to read:
16.15.010. Expedited Permitting Process for Electric Vehicle Charging Stations
(a) Definitions
(1) “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 Chapter, and delivers electricity from a source
outside an electric vehicle into a plug-in electric vehicle.
(2) “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.
(3) “Electronic submittal” means the utilization of one or more of the following:
i. Electronic mail or email.
ii. The internet.
iii. Facsimile.
(b) Expedited Permitting Process. Consistent with Government Code Section
65850.7, the Chief 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 with
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 “Electric Vehicle Charging Station Permitting
Guidebook” published by the Governor’s Office of Business and Economic
Development. The City’s adopted checklist shall be published on the City’s
website.
(c) Permit Application Processing
(1) Prior to submitting an application for processing, the applicant shall verify
that the installation of an electric vehicle charging station will not have
specific, adverse impact to public health and safety and building occupants.
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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.
(2) A permit application that satisfies the information requirements in the City’s
adopted checklist shall be deemed complete and be promptly processed.
Upon confirmation by the Chief Building Official or designee that the permit
application and supporting documents meets the requirements of the City
adopted checklist, and is consistent with all applicable laws and health and
safety standards, the Chief Building Official or designee shall, consistent with
Government Code Section 65850.7, approve the application and issue all
necessary permits. Such approval does not authorize an applicant to
energize or utilize the electric vehicle charging station until approval is
granted by the City. If the Chief Building Official or designee 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.
(3) The Chief Building Official or designee 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.
(4) Permit applications under this section may be submitted electronically,
including electronic signatures on all forms, applications, and other
documentation.
(d) Technical Review. It is the intent of this section to encourage the installation of
electric vehicle charging stations by removing obstacles to permitting for
charging stations so long as the action does not supersede the Chief Building
Official’s authority to address higher priority life-safety situations. If the Chief
Building Official or designee 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, as defined in this section, the City may require the
applicant to apply for a use permit.
SECTION 3. Severability. 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
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unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 4. CEQA. The City Council finds that this Ordinance falls under the
California Environmental Quality Act (CEQA) exemption found in Title 14 California Code of
Regulations Section 15061(b)(3) because it can be seen with certainty that there is no
possibility it will have a significant negative effect on the environment.
SECTION 5. Effective Date. This ordinance shall be effective on the thirty-first date
after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
______________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney or Designee City Manager
____________________________
Director of Planning
and Development Services