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HomeMy WebLinkAboutOrdinance 2784 N.C.S. 07/19/2021 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 EFFECTIVE DATE ORDINANCE NO. 2784 N.C.S. OF ORDINANCE Introduced by: D'Lynda Fischer Seconded by: Brian Barnacle ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING PETALUMA MUNICIPAL CODE SECTION 7.12 (ELECTRIC VEHICLE CHARGING STATIONS)AND CREATING PROCEDURES FOR AN EXPEDITING PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS CONSISTENT WITH CALIFORNIA ASSEMBLY BILL 1236 WHEREAS,the State of California and the City of Petaluma have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and 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 stations; and WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations will facilitate convenient charging of electric vehicles and help reduce the City's reliance on environmentally damaging fossil fuels; and WHEREAS, on July 12,2021,the City Council of the City of Petaluma considered the proposed amendment to the Petaluma Municipal Code at a duly noticed public meeting at which time members of the public were provided the opportunity to provide public comment. NOW, THEREFORE,BE IT ORDAINED by the Council of the City of Petaluma as follows: SECTION 1. Findings. The above recitals are hereby declared to be true and correct and are incorporated into this ordinance as findings of the City Council. SECTION 2. CEQA Analysis. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that adopting an ordinance for expedited, streamlined permitting process for electric vehicle charging stations, mandated by Assembly Bill 1236, does not meet CEQA's definition of a "project," because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Relatedly, the City of Petaluma is mandated to comply with AB 1236 and CEQA Guidelines Section 15002(i)(1) states "where the law requires a government agency in a set way without allowing the agency to use its own judgement, the project is called `ministerial' and CEQA does not apply," accordingly the action of adopting an ordinance for streamlining the review process for electric vehicle charging stations is therefore considered ministerial and is not subject to CEQA review. Even in the event that the action met CEQA's definition of"project," adoption of a streamlining ordinance for permitting of electric vehicle charging stations would qualify for a Class 8 categorical exemption (Actions by a Regulatory Agency for Protection of the Environment) in accordance with Section 15308 of the State CEQA Guidelines as electric vehicle charging stations would encourage the use of electric vehicles. Ordinance No. 2784 N.C.S. Page 1 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 SECTION 3.New Chapter 7.12 Enacted. A new Chapter 7.12 is hereby added to the Petaluma Municipal Code to read as follows: Chapter 17.12 Electric Vehicle Charging Stations. 17.12.010. 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 complies with California Government Code Section 65850.7. 17.12.020. Applicability. A. This Chapter applies to applications for expedited building permits for electric vehicle charging stations consistent with California Government Code Section 65850.7 B. Electronic vehicle charging stations legally established or permitted prior to the effective date of this Chapter are not subject to the requirements herein unless physical modifications or alterations are undertaken that materially change the size,type, or components of an electric vehicle charging station in such a way to require new permitting. C. Routine operation and maintenance of existing charging stations shall not require a permit. 17.12.20. Definitions. The definitions set forth in this section shall govern the construction and meaning of the terms used in this Chapter: A. "Building Official" shall mean the Chief Building Official of the City of Petaluma or their designated representative. 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. Where applicable a charging station may include essential signage, parking lot striping, wheel stops, bollards, and other similar directional and safety improvements as necessary for safe operation of electric vehicle charging station equipment. C. "Electronic submittal"means the submission of an application using email,the internet, online permit system, or other feasible method. D. "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 county on another similarly situated application in a prior successful application for a permit. E. "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. Ordinance No. 2784 N.C.S. Page 2 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 17.12.030. 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 applications for electric vehicle charging stations shall comply with 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. 17.12.040. 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 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. B. A permit application that satisfies the information requirements in the City's application 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's application checklist and are 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, they 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. C. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance 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. D. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. 17.12.050. Technical review. A. It is the intent of this Ordinance 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. 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 Section 17.12.020(B), the City may require the applicant to apply for a use permit. Ordinance No. 2784 N.C.S. Page 3 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 B. 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. 17.12.060. Electric vehicle charging station installation 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 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. 17.12.070. Appeal. The decision of the Building Official to approve or deny a permit for an electric vehicle charging station may be appealed by filing a request for hearing form and returning it to the Building Official within fifteen days from the Building Official's decision. The appeal hearing shall be heard by the building board of appeals in accordance with Chapter 17.08 of the Petaluma Municipal Code. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. SECTION 5. Conflict with Code. Any provision of the City of Petaluma Municipal Code, inconsistent with the provisions of this Ordinance,to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 6.Effective Date. This ordinance shall become effective thirty(30)days after the date of its adoption by the City Council in accordance with Article XII, Section 76A of the Petaluma Charter. SECTION 7. Repeal. The City Council may repeal this ordinance by duly adopted resolution upon finding that the conditions warranting the enactment of this ordinance no longer apply in the City. SECTION 8. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. Ordinance No. 2784 N.C.S. Page 4 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 INTRODUCED and ordered posted/published the 12th day of July 2021 by the following vote: Ayes: Mayor Barrett, Vice Mayor Barnacle, Fischer, Healy, McDonnell, Pocekay Noes: None Abstain: None Absent: King ADOPTED this 19th day of July 2021 by the following vote: Ayes: Mayor Barrett, Vice Mayor Barnacle, Fischer, Healy, King, Pocekay Noes: None Abstain: None Absent: McDonnell DocuSigned by: Teresa Barrett, Mayor ATTEST: APPROVED AS TO FORM: DocuSigned by: DocuSigned by: 18 68 4 E4492.. E94F4948D... Ken a ose, CMC, City Clerk Eric Danly, City Attorney Ordinance No. 2784 N.C.S. Page 5