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HomeMy WebLinkAbout10-03-2017 Item 09 - Electric Vehicle Charging Station Permit Expedite Ordinance (2nd Reading) Meeting Date: 10/3/2017 FROM: Michael Codron, Community Development Director Prepared By: Mark Sadowski, Building & Safety Supervisor SUBJECT: ADOPTION OF AN ORDINANCE ADDING CHAPTER 15.15 TO PROVIDE AN EXPEDITED AND STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS; AND AMENDING CHAPTER 15.04.020 F.2 OF THE MUNICIPAL CODE TO ADOPT FINDINGS OF FACT TO SUPPORT A PRIOR AMENDMENT RECOMMENDATION Adopt Ordinance No. 1637 (2017 Series) enacting Municipal Code amendments associated with electric vehicle charging stations and code amendment findings. DISCUSSION On September 19, 2017, the council voted 5:0 to introduce Ordinance 1637 (2017 Series) for the implementation of an expedited process for permit application review of electric vehicle charging stations in compliance with Government Code 65850.7 and approved findings to support a Municipal Code/California Building Code amendment. The ordinance is now ready for adoption. The amendment will become effective 30 days after final passage of the Ordinance. ALTERNATIVES 1. The Council may choose to not adopt the ordinance. This alternative is not recommended as the City will not be in compliance with Government Code Section 65850.7, the state law regulating Electric Vehicle Charging Station Permitting, and, without a finding to support the amendment to the CBC to lower the height of fences requiring a permit, the city cannot require a building permit for fences between 6 and 7 feet high. This would result in a conflict between SLOMC 17.16.050 B.2, which requires zoning approval for a fence over 6 feet in height but no building permit if less than 7 feet in height. This creates confusion and difficulty in enforcement. 2. The Council may choose to revise the ordinance and adopt only the ordinance to comply with Government Code Section 65850.7 and not make the finding to support the existing amendment to the CBC. This alternative is not recommended as the City would then require applicants to obtain a zoning approval for a fence over 6 feet in height without a building permit if not over 7 feet in height. Compliance and inspection would be difficult to enforce resulting in reduced compliance. Attachments: a - Final Ordinance Packet Pg 155 9 O ________ ORDINANCE NO. 1637 (2017 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 15 OF THE MUNICIPAL CODE BY ADDING CHAPTER 15.15 TO PROVIDE AN EXPEDITED AND STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AND BY AMENDING SECTION 15.04.020 F.2 OF CHAPTER 15.04 TO ADOPT FINDINGS OF FACT TO SUPPORT THE AMENDMENT OF THE CALIFORNIA BUILDING CODE WHEREAS, The City Council of the City of San Luis Obispo recognizes the importance of “Green Technology” and has made Climate Action a Major City Goal and by this Ordinance seeks to (1) implement Assembly Bill 1236 and (2) adopt findings to support amendment of the California Building Code as Adopted in Municipal Code 15.04.020 F. 2; and WHEREAS, the State of California and the City of San Luis Obispo have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and WHEREAS, the State of California recently added Government Code Section 65850.7, 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, pursuant to Health and Safety Code Section 17958.5, local jurisdictions are permitted to amend the California Building Standards Code as reasonably necessary based on local climatic, geological or topographical conditions, provided such amendments are not less restrictive than the requirements found in the State codes; and WHEREAS, the California Health and Safety Code, Sections 17958.7 and 18941.5, requires the City Council to make express findings that each such amendments are reasonably necessary; and WHEREAS, such findings must be made available as a public record and a copy thereof, with each such amendment, shall be filed with the California Building Standards Commission and/or the Department of Housing and Community Development; and WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo to provide citizens with the greatest degree of fire, life and structural safety in buildings in the most cost effective manner by adopting that body of regulations referred to as the California Building Standards Code with amendments specific to the City of San Luis Obispo; and WHEREAS, adoption of Ordinance 1612, which made required findings for various Packet Pg 156 9 Ordinance No. 1637 (2017 Series) Page 2 O 1637 local amendments to the California Building Standards Code, inadvertently neglected to specify appropriate findings for an amendment in Municipal Code Section 15.04.020 F. 2 and such findings are required by the Building Standard Commission in amending the California Building Code; NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)), as the project involves updates and revisions to existing regulations. The proposed code amendments are consistent with California law, specifically Government Code section 65850.7 and the CA Health & Safety Code Sections 17958.7 and 18941.5. It can be seen with certainty that the proposed Municipal Code text amendments will have no significant effect on the environment. SECTION 2. Chapter 15.15, of the City of San Luis Obispo’s Municipal Code, establishing an expedited, streamlined permitting process for Electric Vehicle Charging Stations, is hereby added to read as follows Chapter 15.15 EXPEDITED PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS Sections: 15.15.010 Purpose and intent. 15.15.020 Definitions. 15.15.030 Applicability. 15.15.040 Electric Vehicle Charging Station requirements. 15.15.050 Applications and documents. 15.15.060 Permit review and inspection requirements. 15..010 Purpose and intent. The purpose of this chapter is to provide an expedited, streamlined electric vehicle charging station permitting process that complies with California Government Code Section 65850.7 so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. This chapter encourages the use of electric vehicle charging stations by removing obstacles and unreasonable barriers to, and minimizing costs of, permitting electric vehicle charging stations. This chapter allows the city to achieve these goals while protecting the public health and safety. 15.15.020 Definitions. As used in this chapter, the following terms, phrases and words used in this ordinance shall be construed in compliance with the definitions set forth in Government Code Section 65850.7: A. “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 section, and Packet Pg 157 9 Ordinance No. 1637 (2017 Series) Page 3 O 1637 delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. B. “Electronic submittal” means the utilization of one or more of the following: email; the Internet; facsimile. C. “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. D. “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. 15.15.030 Applicability. A. This chapter applies to the permitting of all electric vehicle charging stations in the city. B.Routine operation and maintenance shall not require a permit. C.Electric vehicle chargers installed on listed historic properties shall be found consistent with the historic preservation ordinance including historic preservation guidelines and Secretary of the Interior standards for the treatment of historic properties, as deemed necessary by the Community Development Director. 15.15.040 Electric vehicle charging station requirements. A.All electric vehicle charging stations shall meet all applicable health and safety standards and requirements imposed by local, state and federal law. 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 such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. 15.15.050 Applications and documents. A. All documents required for the submission of an electric vehicle charging station application shall be made available on the city website. The building official shall adopt, and post on the city’s website, a standard plan and checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. B. Electronic submittal of the required permit application, plans and documents by email or the internet shall be made available to all electric vehicle charging station permit applicants. Packet Pg 158 9 Ordinance No. 1637 (2017 Series) Page 4 O 1637 C. The city will accept an electronic signature on all forms, applications and other documents in lieu of a wet signature by an applicant. D. The electric vehicle charging station permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans 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” published by the Office of Planning and Research. 15.15.060 Permit review and inspection requirements. A. The building official shall implement an administrative, nondiscretionary review process to expedite approval of electric vehicle charging stations. B. 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 sent to the applicant for resubmission. C. Review of the application shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements. D. The building and safety division shall issue a building permit, the issuance of which is nondiscretionary within five business days for residential installations, and ten business days for commercial installations upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. E. The building official may require an applicant to apply for an administrative use permit if the official finds, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety F. If an administrative use permit is required, the city may deny such application if it makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the city planning commission G. Any condition imposed on an application shall be a feasible method to satisfactorily mitigate the specific, adverse impact upon health and safety at the lowest possible cost. H. Approval of a permit for any electric vehicle charging station shall not be conditioned on the approval of an electric vehicle charging station by an association, as that term is defined in Civil Code Section 4080. Packet Pg 159 9 Ordinance No. 1637 (2017 Series) Page 5 O 1637 I. Only one inspection shall be required and performed by the building and safety division for electric vehicle charging stations eligible for expedited review. J. The inspection shall be done in a timely manner and should include consolidated inspections. K.If an electric vehicle charging station fails inspection, a subsequent inspection is authorized. SECTION 3. The City Council hereby determines that the provisions of Section 105.2 of the 2016 California Building Code are required to be modified to be more restrictive requirements than those set forth in the California State Building Standards, in order to protect life, preserve property and enhance public safety, and are hereby modified, changed and amended, due to the findings contained herein above and below. SECTION 4. Findings. The City Council finds that each of the changes or modifications to measures referred to therein are reasonably necessary because of local climatic, geological, or topographical conditions in the area encompassed by the boundaries of the City of San Luis Obispo, and the City Council further finds that the following findings support the local necessity for the changes or modifications: FINDING 1 That for the most part, the soils in the City of San Luis Obispo are medium to highly expansive in nature, and such soils may cause damage to foundations, structures and underground utilities if not properly mitigated through known construction techniques. Furthermore, a significant part of the City lies on hills and rolling topography subject to earth slides and movements and present problems to developments constructed in such areas due to surface water drainage and disposal. The above-described conditions support the imposition of requirements more restrictive than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than those set forth in Sections 105.2 of the 2016 California Building Code SECTION 5. Section 15.04.020 F. 2 of the San Luis Obispo Municipal Code is hereby amended to read as follows: SECTION 15.04.020 AMENDMENTS; CALIFORNIA BUILDING CODE F. Amend Chapter 1, Division II, Section 105.2, Building items 2 to read as follows: Work exempt from permit. Building 2. Fences not over 6 feet 7 feet high. SECTION 6. The building official is hereby authorized and directed to transmit a copy of this ordinance to the California Building Standards Commission as required by California Health and Safety Code Section 17958.7. Packet Pg 160 9 Ordinance No. 1637 (2017 Series) Page 6 O 1637 SECTION 7. If any provision of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have passed each and every remaining provision irrespective of such holding in order to accomplish the intent of this ordinance. SECTION 8. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes shall be published at least 5 days prior to its final passage in the Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of 30 days after its final passage. A copy of the full text of this ordinance shall be on file in the Office of the City Clerk on and after the date following introduction and passage to print and shall be available to any member of the public. INTRODUCED on the 19th day of September 2017, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of 20__, on the following roll call vote: AYES: NOES: ABSENT: Mayor Heidi Harmon ATTEST: Carrie Gallagher City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ______________________________ Carrie Gallagher City Clerk Packet Pg 161 9 Page intentionally left blank. Packet Pg 162 9 THE Newspaper of the Central Coast MBUNE SLO CITY CLERK 3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800 In The Superior Court of The State of California In and for the County of San Luis Obispo AD #3297123 CITY OF SAN LUIS OBISPO OFFICE OF THE CITY CLERK STATE OF CALIFORNIA ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of THE TRIBUNE, a newspaper of general Circulation, printed and published daily at the City of San Luis Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was published in the above-named newspaper and not in any supplement thereof — on the following dates to wit; SEPTEMBER 23, 2017 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing its true and correct. (Sigt ure of Principal Clerk) DATE: SEPTEMBER 23, 2017 AD COST: $183.28 Cl'fy U.F Ekin MW 811 ft JAITS OBISPO ORDINANCE NO. 1637 (2017 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 15 OF THE MUNICIPAL CODE BY ADDING CHAPTER 15.15 TO PROVIDE AN EXPE- OiTED AND STREAMLINED PERMIT- TING PROCESS FOR ELECTRIC VEHI- CLE CHARGING STATIONS; AMEND- ING, TITLE 15 OF THE MUNICIPAL CODE BY AMENDING CHAPTER mil,4.020 F.2 TO ADOPT FINDINGS OF FACT TO SUPPORT THE AMENDMENT OF THE CALIFORNIA BUILDING CODE NOTiCC IS HEREBY GIVEN that the City Council of the City of San Luis Obispo, Cal- ifornia, at its Regular Meeting of Septein• ber 19, 2017, introduced the above titled or- dinance upon a motion by Council Member Christianson, second by Council Member Pease, and on the following Poll call vote: AYES: Council Member Carlyn Chr liari- son, Aaron Gomez, Andy Pease, Vice May- or Dan Rivoire, and Mayor Heidi Hannon NOES: None Ordlnance No. 1637 [2017 Sorles] —This Is a City Ordinance creating a new chapter of the Municipal Code to expedite the per- mitting process for electric vehicle. charging stations In accordance with California Gov- amment Code Section 65850.7. This ordinance also includes adoption of find - Ings to support the City's local Municipal Code amendment to Chapter 15.04.020 F.2 for reducing the height of fences ex- empt from building permit from 7 feet down to 6 feet. A full and complete copy of the aforemen- tioned Ordinance is available for inspection and copy to the City Clerk's Office, located at 990 Palm Street, San Luis Obispo, Cali- fornla, or you may call (805) 781-7100 for more information. NOTICE IS HEREBY FURTHER GIVEN that the City Council of the City of San Luis Obispo will consider adopting the aforementioned Ordinance at Its Regular Meeting of October 3, 2017 at 6:00 p.m., which will be held in the Council Chamber. located at 990 Palm Street, San Luis Obl- ;ij r. California. Carrie Gallagher City Clerk September 23, 2017 3297123