HomeMy WebLinkAboutO-1637 - AMENDING TITLE 15 - ADDING CHAPTER 15.15 - EXPEDITED PERMITTING FOR ELECTRIC VEHICLE CHARGING STATIONSORDINANCE 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
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Ordinance No. 1637 (2017 Series) Page 2
WHEREAS, adoption of Ordinance 1612, which made required findings for various 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.
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Ordinance No. 1637 (2017 Series)
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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 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.
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Ordinance No. 1637 (2017 Series)
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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.
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
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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.
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:
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Ordinance No. 1637 (2017 Series)
FINDING 1
Page 6
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.
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.
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Ordinance No. 1637 (2017 Series)
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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 3rd day of October, 20171 on the following roll call
vote:
AYES: Council Members Christianson, Gomez and Pease,
Vice Mayor Rivoire and Mayor Harmon
NOES: None
ABSENT: None
ATTEST:
Carrie Gallagher, City Cl rk
AS ,T-O+O RM:
ine 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 f 144 day of 0&Z%-6LV_, , 2,0>;- .
Carrie Gallagher, City Cl rk
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