EV charger permitting in Hesperia is preempted by California state law: AB 1236 (Gov. Code §65850.7) requires the City to use an expedited, ministerial permit process limited to health-and-safety review, and Civil Code §4745 forbids landlords from blocking tenant-funded charging stations (Civil Code §4745.1 applies to commercial tenants; §4716 applies to HOAs). New construction is subject to the EV-ready and EV-capable parking-space mandates in Title 24, Part 11 (CALGreen) of the California Building Code. Hesperia processes EVCS permits through ministerial Building Division review.
AB 1236 (Chiu, 2015), codified at Cal. Gov. Code §65850.7, requires every city and county in California to adopt an expedited, streamlined permitting process for electric vehicle charging stations. Review is administrative (ministerial) and may consider only whether the application meets local, state, and federal health-and-safety requirements - not aesthetics or discretionary planning factors. AB 970 (McCarty, 2021) added shot-clock deadlines: 5 business days for single-family or multifamily applications up to 25 spaces, 20 business days for projects larger than that. Hesperia's Building and Safety Division processes EVCS permits consistent with these state standards. For tenants, Cal. Civil Code §4745 requires landlords to permit installation of a tenant-funded charging station at the tenant's designated parking space, subject to standard insurance and licensed-contractor requirements; Civil Code §4716 extends parallel protections for homeowners in HOA common-interest developments. New construction parking ratios are set by Title 24, Part 11 (CALGreen): single-family homes require one Level 2 (208/240V) EV-ready outlet, and new multifamily and hotel parking must include defined percentages of EV-capable and EV-ready spaces. Hesperia Municipal Code §16.20.085 (paved-surface) and §16.20.090 (residential parking standards) govern the underlying parking layout but defer to CALGreen for the EV-ready mandate.
Local denial of an EVCS permit on non-health/safety grounds is unenforceable under Gov. Code §65850.7. Landlord or HOA refusal of a §4745 or §4716 request creates a private right of action plus a $1,000 civil penalty.
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