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HomeMy WebLinkAboutOrd 09-17 Adding Chapter 7.97 to the Dublin Municipal Code Electric Vehicle Charging Stations ORDINANCE NO. 09 — 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. Ord No. 09-17, Adopted 9/19/2017, Item No. 4.7 Page 1 of 4 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. Ord No. 09-17, Adopted 9/19/2017, Item No. 4.7 Page 2 of 4 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 8.36, 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) Ord No. 09-17, Adopted 9/19/2017, Item No. 4.7 Page 3 of 4 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 ADOPTED this 19th day of September, 2017, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta, and Mayor Haubert NOES: ABSENT: Councilmember Hernandez 1 ABSTAIN: G Mayor ATTEST: City Clerk Ord No. 09-17, Adopted 9/19/2017, Item No. 4.7 Page 4 of 4