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HomeMy WebLinkAbout4.6 - 1558 Adoption of an Ordinance Establishing a Str Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 5, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Ordinance Establishing a Streamlined Permitting Process for Electric Vehicle Charging Stations (AB 1236) Prepared by: Roxanna Recinos-Serna, Plan Check Engineer EXECUTIVE SUMMARY: California Government Code Section 65850.7 (enacted by Assembly Bill 1236), requires that, on or before September 30, 2017, local governments with a population of 200 ,000 or less residents, adopt an ordinance that creates a streamlined permitting process for electric vehicle charging station installations. STAFF RECOMMENDATION: Waive the first reading and INTRODUCE an Ordinance Adding Chapter 7.97 to the Dublin Municipal Code to Provide an Expedited, Streamlined Permitting Procedure for Electric Vehicle Charging Stations, to the Dublin Municipal Code. FINANCIAL IMPACT: The fiscal impact of the ordinance is nominal. The City will mostly likely see a small increase in expenditures in the printing of plan sets for electronically submitted applications. There is also a potential for a small increase in postage costs, if the City mails plans and permits to the Applicant after the approval of an electronically submitted permit. This and any other increases could be offset with an electronic submittal surcharge or an increase in the amount of the permit fees. No action is requested at this time; Staff will review the costs during the current fee study and provide any recommendations for modifying the fees at that time. DESCRIPTION: Government Code Section 65850.7, which was added in October, 2015 by Assembly Bill (“AB”) 1236, requires the jurisdictions with a population of less than 200,000 to adopt an ordinance creating an expedited, streamlined permitting process for electric vehicle charging stations on or before September 30, 2017. The ordinance must include the requirement that a jurisdiction adopt a checklist of requirements with which a Page 2 of 2 permit application for an electric vehicle charging station will be eligible for expedited review. The proposed ordinance is intended to satisfy that requirement. The ordinance codifies the requirements of Section 65850.7(g)(1), such as accepting and approving applications electronically, directing the City’s Chief Building Official to develop a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review, and authorizing the Chief Building Official to administratively approve such applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance. Sect ion 65850.7 requires that the City’s checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research. Most of the procedures, such as electronic submittal of plans and permit payment are currently in place and comply with the requirements of AB 1236; Staff is assuring that successful implementation of an expedited, streamlined process will be available to permit applicants by September 30, 2017. The Building and Safety Division Staff already provides a process for expedited over-the-counter reviews of applications for residential electric vehicle charging stations. Provided all the submitted informati on is complete, Staff reviews the application and plans, and then issues the permit over -the- counter. The process for Staff to review the application and plans, and either approve the application and issue the permit or provide comments on the application , takes about 15 minutes. The City’s quick review process exceeds the timing requirements set by the State for expediting these residential applications. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Ordinance Adding Chapter 7.97 to the Dublin Municipal Code Adopting a Streamlined Process for Electric Vehicle Charging Stations 2. Copy of AB 1236 as Chaptered ORDINANCE NO. ___-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************** ADDING CHAPTER 7.97 TO THE DUBLIN MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCEDURE FOR ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, the City Council of the City of Dublin recognizes the importance of "green technology"; and WHEREAS, the City of Dublin’s City Council wishes to continue promoting green building and alternative energy measures; and WHEREAS, California Government Code Section 65850.7 requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and WHEREAS, 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 7.97, “Streamlined Permitting Process for Electric Vehicle Charging Stations,” is hereby added within Title 7, “Public Works” to the Dublin Municipal Code to read in its entirety as follows: “CHAPTER 7.97 STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS 7.97.010 Purpose The purpose of the 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. 7.97.020 Definitions For the purpose of this chapter, the following terms shall have the following definitions: A. “Chief Building Official” means the Building Official for the City of Dublin or the Building Official’s designee. B. “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. C. “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. D. “Electronic submittal” means the utilization of e-mail or such other electronic submittal process as approved by Building Official. 7.97.030 Electric Vehicle Charging Stations 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, and 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. 7.97.040 Applicant Verification Prior to submitting an application for processing, the applicant shall: A. Verify that the installation of an electric vehicle charging station will not have specific, adverse impact to 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. 7.97.050 Permit Review and Inspection Requirements A. The Building and Safety Division shall give an application for electric vehicle charging station, meeting the requirements of the checklist, priority review. B. A permit application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. C. When an applicant uses electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. D. Review of the application shall be limited to the Building Official's review of whether the application meets local, state, and federal health and safety requirements. E. If an application is deemed 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 shall be sent to the applicant for resubmission. F. Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the Building Official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect any additional loads on the electric service to the local utility company. The applicant is responsible for obtaining such approval or permission from the local utility provider. G. An inspection shall be required and performed by the Building and Safety Division. Once an applicant informs the Building and Safety Division that the electric vehicle charging station has been installed, the Building and Safety Division shall complete the inspection as soon as practical. H. If the electric vehicle charging station fails the inspection, a subsequent inspection shall be required. 7.97.060 Technical review A. 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, as defined in this chapter, the City may require the applicant to apply for a Use Permit. B. In the technical review of an electric vehicle charging station, 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. 7.97.070 Right of appeal Any person having any record title or legal interest in the charging station may appeal from any action or decision of the Building Official under this chapter by filing an appeal to the Planning Commission in accordance with the procedures set forth in the City of Dublin’s Municipal Code Chapter 7.28.260, or as may be amended.” SECTION 2. Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violations, right, liability or appeals. SECTION 3. CEQA. Approval of the code amendments in this Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments regarding building and related codes, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment . SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 5. Effective date and posting of Ordinance. This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. This ordinance shall be published in accordance with the provisions of Government Code Section 36933. PASSED, APPROVED AND ADOTPTED this ____ day of ___________, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: _________________________ City Clerk Bill Start Assembly Bill No. 1236 CHAPTER 598 An act to add Section 65850.7 to the Government Code, relating to local ordinances. [ Approved by Governor October 08, 2015. Filed with Secretary of State October 08, 2015. ] LEGISLATIVE COUNSEL'S DIGEST AB 1236, Chiu. Local ordinances: electric vehicle charging stations. The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a general plan for the physical development of the county or city and authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. The bill would require a city, county, or city and county to approve an application for the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified 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 bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. The bill would authorize the city, county, or city and county, in developing the ordinance, to refer to guidelines contained in a specified guidebook. The bill would also authorize the adoption of an ordinance that modifies the checklists and standards found in the guidebook due to unique conditions. By increasing the duties of local officials, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65850.7 is added to the Government Code, to read: 65850.7. (a) The Legislature finds and declares all of the following: (1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. (2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. (3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. (4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. (b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the 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. However, if the building official of the city, county, or city and county 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 city, county, or city and county may require the applicant to apply for a use permit. (c) A city, county, or city and county 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. (d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county. (e) 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. (f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. (2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, 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. (g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval. (2) The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county 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” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. (h) A city, county, or city and county 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. (i) The following definitions shall apply to this section: (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 a city, county, or city and county on another similarly situated application in a prior successful application for a permit. (2) “Electronic submittal” means the utilization of one or more of the following: (A) Email. (B) The Internet. (C) Facsimile. (3) “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. (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. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.