HomeMy WebLinkAbout07 SECOND READING AND ADOPTION OF ORDINANCE NO. 1476Agenda Item 7
AGENDA REPORT City Manager
Finance Director eNIA
MEETING DATE: AUGUST 1, 2017
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: ERICA N. RABE, CITY CLERK
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1476
SUMMARY:
Ordinance No. 1476 establishes an expedited permitting process for electric vehicle
charging stations as required by AB 1236.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1476.
BACKGROUND:
On July 18, 2017, the City Council had first reading by title only of the following
Ordinance:
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.
Attachment: Ordinance No. 1476
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 Divisions 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 speck, 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: