Loading...
310 ORDINANCE NO. 310 L� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND ,TERRACE, CALIFORNIA, DETERMINING THAT MUNICIPAL CODE AMENDMENT 17-02 IS CATEGORICALLY EXEMPT UNDER SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING MUNICIPAL CODE AMENDMENT 17-02 TO ADD CHAPTER 1.5.26 (ELECTRIC VEHICLE CHARGING STATION STREAMLINED PERMITTING PROCESS) TO TITLE 15 OF THE GRAND TERRACE MUNICIPAL CODE WHEREAS, the State.of California and the City have consistently promoted and encouraged the use of fuel-efficient electric vehicles; WHEREAS, the State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; 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; WHEREAS, it is in the interest of the health, safety and welfare of the residents and businesses of the City to provide an expedited permitting process for electric vehicle charging stations to assure the effective deployment of electric vehicle charging stations technology, in accordance with the requirements of Assembly Bill 1236; WHEREAS, the City Council conducted a public meeting on this item on August 22, 2017, at the. Grand Terrace Council .Chambers located at 22795 Barton Road, Grand Terrace, California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds that Municipal Code Amendment 17-02 is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) because no possibility exists that the proposed ordinance related to expediting the permitting process for electric vehicle stations may have a significant effect on the environment. SECTION 2. The City Council finds that the above-stated recitals are true_ and correct and are incorporated herein by this reference. SECTION 3. Chapter 15.26 is hereby added to Title 15 of the City Municipal Code to read in its entirety as follows: Ordinance No. 310 Page 1 of 5 September 12, 2017 "Chapter 15.26 ELECTRIC VEHICLE CHARGING STATION STREAMLINED PERMITTING PROCESS Section 15.26.010 Purpose Section 15.26.020 Definitions Section 15.26.030 Expedited Permitting Process Section 15.26.040 Permit Application Processing Section 15.26.050 Technical Review Section 15.26.060 Use Permit Review Section 15.26.070 Electrical Vehicle Charging Station Installation Requirements 15.26.010 - Purpose. The purpose of this 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. 15.26.020 — Definitions "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 I 625 of the California Electrical Code, as it reads on the effective date of this Chapter, \J' and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. "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. "Electronic submittal" means the utilization of one or more of the following: 1. Electronic mail or email. 2. The internet. 3. Facsimile. "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 the City on another similarly situated application in a prior successful application for a permit. 15.26.0.30 — Expedited Permitting Process Consistent with Government Code Section 65850.7,. the Building Official shall i- implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which .electric vehicle charging Ordinance No. 310 Page 2 of 5 September 12, 2017 stations shall comply with 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 shall be published on the City's website. 15.26.040 — Permit Application Processing Prior to submitting an application for processing, the applicant shall 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. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City 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, 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 all deficiencies in the application and . any additional information required to be eligible for expedited permit issuance. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications and associated supporting documentations. 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. 15.26.050 — Technical Review It is the intent to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official's authority to.address higher priority life-safety situations. The Building Official shall administratively approve a complete application as provided in Section 15.26.040 .herein, unless 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. i Ordinance No. 310 Page 3 of 5. September 12, 2017 In the technical review of a charging station, consistent with Government Code Section ( 65850.7, 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. The decision of the Building Official pursuant to this section may be appealed to the Planning Commission. 15.26.060 — Use Permit Review The Building Official shall approve the application for a use permit unless the Building Official makes the following two findings in writing: A. 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; and B. A finding that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This finding shall include the basis for the impact. The decision of the Building Official pursuant to this section may be appealed to the Planning Commission. 15.26.070 —Electrical Vehicle Charging Station Installation Requirements 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. 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. 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. 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." Ordinance No. 310 Page 4 of 5 September 12, 2017 SECTION 4. Any provision of the 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 affect the provisions of this Ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not. affect the validity of the remaining portions of this Ordinance. The City Council of the City of Grand Terrace 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, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall .cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. PASSED, APPROVED AND ADOPTED by the City 'Council of t h e C i t y o f Grand Terrace at a.. regular meeting held on the 12th day of September, 2017. arcWbo ATTEST: Debra Thomas City.Clerk , Approved as to form: Richard L. Adams, II City Attorney Ordinance No. 310 Page 5 of 5 September 12, 2017 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HERBY CERTIFY that the foregoing Ordinance, being Ordinance No. 310 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 12th day. of September, 2017, and that the same was passed and adopted by the following vote: AYES: Council Members Wilson, Hussey, Reinarz; Mayor Pro Tern .Robles; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 13th day of September, 2017, at Grand Terrace, California. Debra L. Thomas, City Clerk [SEAL]