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HomeMy WebLinkAbout17-13 Electric Vehicle Charging StationORDINANCE NO. 17-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE COSTA MESA MUNICIPAL CODE WITH THE ADDITION OF CHAPTER XI, RELATING TO EXPEDITING ELECTRIC VEHICLE CHARGING STATION PERMITS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, the State of California and the City of Costa Mesa have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and WHEREAS, the State of California recently adopted Assembly Bill 1236 ("AB 1236"), which 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; and WHEREAS, it is in the public health, safety and welfare of the residents and businesses of the City to provide an expedited, streamlined permitting process for electric vehicle charging stations to assure the effective deployment of electric vehicle charging stations technology, in accordance with AB 1236. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 5 (Buildings and Structures) of the Costa Mesa Municipal Code is hereby amended to add a new Chapter XI, to read as follows: Ordinance No. 17-13 Page 1 of 7 Chapter XI. Electric Vehicle Charging Station Permits Sec. 5-144. - Intent and purpose. The intent and purpose of this chapter is to adopt an expedited, streamlined permitting process that complies with Section 65850.7 of the California Government Code to achieve timely and cost-effective installations of electric vehicle charging stations. The provisions of this chapter encourage the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install electric vehicle charging stations, while allowing the City to protect the public health, safety, and welfare. Sec. 5-145. - Definitions. For the purposes of this chapter, the following definitions shall apply: "A feasible method to satisfactorily mitigate the specific, adverse impact' includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior.successful application for a permit. "Building Officiaf' means the City Building Official or his or her designee. "Electronic submittal" means the utilization of one or more of the following: 1. Electronic mail or email. 2. The Internet. 3. Facsimile. "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, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. Ordinance No. 17-13 Page 2 of 7 "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. 5-146 - 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 adopted checklist and required permitting documentation shall be published on the City's website. Sec. 5-147 - Electric vehicle charging station requirements. (a) An electric vehicle charging station shall meet all applicable health and safety requirements of local, state, and federal laws and regulations. (b) 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, including, but not limited to, Underwriters Laboratories, and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. Ordinance No. 17-13 Page 3 of 7 Sec. 5-148 - 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 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 protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. (b) A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation from the Building Official that the permit application and supporting documents meet the requirements of the City's adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, administratively 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 Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing the deficiencies in the application and any additional information required to be eligible for expedited permit issuance. (c) The Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such system by an association, as that term is defined by Civil Code Section 4080. Ordinance No. 17-13 Page 4 of 7 (d) Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications 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. Sec. 5-149 - Technical review. (a) It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for electric vehicle charging stations so long as the action does not supersede the Building Official's authority to address higher priority life -safety situations. (b) 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, the City may require the applicant to apply for a use permit. The Building Official shall not deny an application for a use permit to install an electric vehicle charging station unless he or she makes written findings based on substantial evidence in the record that: (1) the proposed installation would have a specific, adverse impact upon the public health or safety; and (2) there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternatives of preventing the adverse impact. (c) The Building Official's decision on an application to install an electric vehicle charging station, to require a use permit as set forth herein, or to deny a use permit as set forth herein may be appealed to the Planning Commission. Ordinance No. 17-13 Page 5 of 7 Sec. 5-150 - Appeals. The decisions of the Building Official set forth in this chapter may be appealed to the Planning Commission. Sec. 5-151 - Fees. The fees for permits issued under this chapter shall be as established by City Council resolution. SECTION 2. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to effect the provisions of this Ordinance. Ordinance No. 17-13 Page 6 of 7 SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage. SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. PASSED AND ADOPTED this 191h day of September, 2017. Kat 'na F Mayor % ATTEST: APPROVED T FORM: 22 _-W -&0 &0 / Brenda Green, C Clerk Thoma D {arte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 17-13 was duly introduced for first reading at a regular meeting of the City Council held on the 5th day of September, 2017, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 19th day of September, 2017, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Mansoor, Stephens, Genis and Foley NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Righeimer IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 20th day of September, 2017. l how BRENDA GRE", CITY CLERK Ordinance No. 17-13 Page 7 of 7