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HomeMy WebLinkAbout08 CODE AMENDMENT 2017-005 (ORDINANCE NO. 1476), EXPEDITED PERMITTING PROCEDURES FOR ELECTRIC VEHICLE CHARGING STATIONSAgenda Item 8 AGENDA REPORTRev CityM:n g Cit Mana er Finance Director MEETING DATE: JULY 18, 2017 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CODE AMENDMENT 2017-005 (ORDINANCE NO. 1476), EXPEDITED PERMITTING PROCEDURES FOR ELECTRIC VEHICLE CHARGING STATIONS SUMMARY: California Assembly Bill (AB) 1236 requires that local governments adopt an ordinance by September 30, 2017, that creates an expedited permitting process for electric vehicle charging stations. The State hopes that removing barriers to electric vehicle charging stations installation and use, would help the State reach its renewable energy and greenhouse gas reduction goals. Ordinance No. 1476 has been prepared to comply with State law. RECOMMENDATION: That the City Council introduce and read by title only Ordinance No. 1476 (Attachment A), adding Chapter 3 to Article 8 of the Tustin City Code (TCC), proposing to establish an expedited permitting process for electric vehicle charging stations as required by AB 1236; and set the matter for second reading. FISCAL IMPACT: Code Amendment (CA) 2017-005 (Ordinance No. 1476) is a State mandated, City -initiated project. There is no direct fiscal impact to the General Fund. CORRELATION TO THE STRATEGIC PLAN: The proposed project furthers the objectives of the following Strategic Plan goals: Goal A: Economic and Neighborhood Development — The proposed project would "enable business opportunities and job development." City Council Report July 18, 2017 CA 2017-005 Page 2 BACKGROUND AND DISCUSSION: California AB 1236 requires local governments adopt an expedited permitting process for electric vehicle charging stations by September 30, 2017. By improving the efficiency of local permitting and processing of electric vehicle charging stations statewide, the State hopes to lower the cost of such installations and further expand the accessibility of electric vehicles to more California residents. In addition, the State hopes that removing barriers to electric vehicle charging station installation and use would help the State reach its renewable energy and greenhouse gas reduction goals. CA 2015-05 (Ordinance No. 1476) has been prepared in response to the requirements of AB 1236 as follows: Applicability Draft Ordinance No. 1476 applies to 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. Provisions of AB 1236 The general provisions of Ordinance No. 1476 addresses AB 1236 in that: Draft Ordinance No. 1476 creates an expedited permitting process for electric vehicle charging stations to promote and encourage their use consistent with the goals and intent AB 1236. Applications for electric vehicle charging stations will be administratively reviewed and acted upon by the Building Division as nondiscretionary permits within a reasonable time following receipt of a complete application that meets the requirements of the Building Division's approved checklist, standard plans, and payment of all required permit plan check, processing and inspection fees. The Building Division's review is limited to whether the proposed electric vehicle charging station meets all health and safety requirements and that it will not have a specific, adverse impact upon the public health and safety. Electronic submittal is supported. Applications for an electric vehicle charging station may be submitted by email, over the internet, and by facsimile. A permit is issued when the plans have been determined to be consistent with the California Building Code, and TCC. City Council Report July 18, 2017 CA 2017-005 Page 3 Installation of an approved electric vehicle charging station is not subject to the approval of a Homeowner's Association. Implementation With respect to implementation, after adoption of Ordinance No. 1476: • The Building Official will adopt and implement and, as needed, update an administrative, nondiscretionary expedited permit process for electric vehicle charging stations. The process will include a checklist that sets forth all requirements with which the electric vehicle charging station must comply in order to be eligible for expedited permit processing. • The electric vehicle charging station permit process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero - Emission Vehicles in California: Community Readiness Guidebook" ("Guidebook") published by the Governor's Office of Planning and Research, as may be periodically revised. • The Building Official may periodically modify or update the checklist found in the Guidebook due to unique climactic, geological, seismological, or topographical conditions. The checklist and standards for electric vehicle charging stations adopted by the Building Official, as well as all other required permitting documentation will be available from the Building Division or on the Building Division's website. By improving the efficiency of permit issuance for electric vehicle charging stations statewide, Ordinance No. 1476 will help lower the cost of their installation and further expand the accessibility for electric vehicles to more Californians. In addition, making electric vehicles more accessible will help the State reach its renewable energy and greenhouse gas reduction goals. PUBLIC NOTICE, CHAMBER OF COMMERCE, OCFA AND CITY ATTORNEY REVIEW: A public notice was published in the Tustin News on June 22, 2017, informing the public of the City Council public hearing for proposed CA 2017-005. A copy of the staff report and proposed CA 2017-005 was forwarded to the Chamber of Commerce, the OCFA and City Attorney prior to the City Council's hearing on the matter. The City Attorney has reviewed and approved Draft Ordinance No. 1476 as to content and form. City Council Report July 18, 2017 CA 2017-005 Page 4 ENVIRONMENTAL: Proposed Ordinance No. 1476 is not a "project" under the California Environmental Quality Act ("CEQA") pursuant to Section 15378(b)(2) and (5) of the CEQA Guidelines. Scott Fazekas AIA, NCARB, CBO Building Official Dana L. Ogdon, AI Assistant Director, Building Elizabeth A. Binsack Director of Community Development Attachments: Draft Ordinance No. 1476 (Code Amendment 2017-005) Attachment A ORDINANCE NO. 1476 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING CHAPTER 3 TO ARTICLE 8 OF THE TUSTIN CITY CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR ELECTRIC VEHICLE CHARGING STATIONS. The City Council of the City of Tustin does ordain as follows: SECTION 1. The City Council finds and determines as follows: A. On October 8, 2015, Governor Brown approved Assembly Bill 1236 (California Government Code section 65850.7), to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. AB 1236 requires every city and county with a population of less than 200,000 residents to adopt, on or before September 30, 2017, an expedited, streamlined permitting process for electric vehicle charging stations. B. Subsection (a) of Government Code section 65850.7 states that 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." C. Code Amendment 2017-05 (Ordinance No. 1476) has been prepared to provide an expedited, streamlined permitting process for electric vehicle charging stations that complies with Assembly Bill No. 1236 (Chapter 598, Statutes 2015) to achieve timely and cost-effective installations of electric vehicle charging stations while protecting public health and safety. D. Ordinance No. 1476 has been prepared to apply to the permitting of all electric vehicle charging stations within the City of Tustin submitted for a building permit after the effective date of this Ordinance. Electric vehicle charging stations permitted prior to the effective date of this Ordinance are not subject to the requirements set forth herein unless physical modifications or alterations are proposed that materially change the size, type, or components of an electric vehicle charging station in such a way as to require new permitting. SECTION 2. Chapter 3 of Article 8 of the Tustin City Code is hereby added to read as follows: Chapter 3 Electric Vehicle Charging Station Permits 8300 INTENT AND PURPOSE. The intent and purpose of this chapter is to adopt an expedited, streamlined electric vehicle charging station permitting process that complies with AB 1236 (Chapter 598, Statutes 2015) to achieve timely and cost-effective installations of electric vehicle charging stations. This chapter is designed to encourage the Ordinance No. 1476 Page 2 installation and use of electric vehicle charging stations by removing barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install such systems. This chapter allows the City to achieve these goals while protecting the public health and safety. 8301 DEFINITIONS Building Division. The Building Division of the City of Tustin. Building Official. The Building Official for the City of Tustin. City. The City of Tustin. Electric vehicle charging station. 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. Electronic submittal. The utilization of one or more of the following: 1. Email. 2. The Internet. 3. Facsimile Expedited permitting and/or expedited review. The process outlined in Sections 8303 entitled "Application Submittal and Expedited Review." Feasible method to satisfactorily mitigate or avoid a 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 similar permit. Specific, adverse impact. 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. 8302 ELECTRIC VEHICLE CHARGING STATIONS (a) All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the State of California and the City of Tustin. Ordinance No. 1476 Page 3 (b) All electric vehicle charging stations shall require a permit issued by the Building Division that complies with the City's adopted California Building Codes, and issued pursuant to this Ordinance. Routine operation and maintenance or like -kind replacements shall not require a permit. (c) The Building Official shall adopt and implement and, as needed, update an administrative, nondiscretionary expedited permit process for electric vehicle charging stations. The process shall include a checklist that sets forth all requirements with which the electric vehicle charging station must comply in order to be eligible for expedited permit processing. (d) The electric vehicle charging station permit process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero -Emission Vehicles in California: Community Readiness Guidebook" ("Guidebook") published by the Governor's Office of Planning and Research, as may be periodically revised. (e) The Building Official may periodically modify or update the checklist found in the Guidebook due to unique climactic, geological, seismological, or topographical conditions. The checklist and standards for electric vehicle charging stations adopted by the Building Official, as well as all other required permitting documentation shall be available from the Building Division or on the Building Division's website. If the Building Official modifies the checklist and standards found in the Guidebook, he shall document the unique climactic, geological, seismological or topographical conditions requiring such modifications and shall also include such documentation on the Building Division's website. 8303 APPLICATION SUBMITTAL AND EXPEDITED REVIEW. (a) All documents required for the submission of an expedited electric vehicle charging station shall be made available on the Building Division's website. The applicant may submit the application and related documentation for an electric vehicle charging station in person or by electronic submittal, with all required permit processing and inspection fees, as specified on the Building Division's website. (b) Electronic signatures shall be accepted by the Building Division on all electronic submittals in lieu of a wet signature. (c) An application for an electric vehicle charging station shall be deemed complete when the Building Division determines that the application is complete and satisfies all the information requirements in the checklist and standard plans and all fees are paid. (d) 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 provided to the applicant for resubmission. Ordinance No. 1476 Page 4 (e) Applications for electric vehicle charging stations shall be administratively reviewed and acted upon by the Building Division as nondiscretionary permits within a reasonable time following receipt of a complete application that meets the requirements of the Building Division's approved checklist, standard plans, and payment of all required permit plan check, processing and inspection fees. The Building Division's review shall be limited to whether the proposed electric vehicle charging station meets all health and safety requirements and that it will not have a specific, adverse impact upon the public health and safety. (f) The Building Division may require changes to submitted applications to avoid adverse public health and safety impacts or may deny an application for electric vehicle charging stations based on substantial evidence, that the proposed electric vehicle charging station could 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. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or alteration imposed or found acceptable by the Building Division. Any condition imposed by the Building Division shall be designed to mitigate the specific, adverse impact upon the public health and safety. Findings for denial shall be provided that include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. Such decisions may be appealed to the Tustin Planning Commission. (g) Approval of an application to install electric vehicle charging stations shall be accomplished through the issuance of a building permit or similar nondiscretionary permit. (h) Approval of an application for an electric vehicle charging station shall not be based or conditioned on the approval of an association, as defined in Section 4080 of the Civil Code. SECTION 3. Severability. If any section, subsection, subdivision, 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 declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. Ordinance No. 1476 Page 5 PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 1St day of August, 2017. DR. ALLAN BERNSTEIN MAYOR ATTEST: ERICA N. RABE, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1476 Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1476 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 18th day of July, 2017, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 1St day of August, 2017, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Rabe, City Clerk Published: