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HomeMy WebLinkAboutOrd. No. 2017-1380 Electric Vehicle Charging StationsORDINANCE NO. 2017 -1380 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE, TITLE 15 BUILDINGS AND CONSTRUCTION, BY ADDING CHAPTER 15.76 ELECTRIC VEHICLE CHARGING STATIONS Whereas, the State of California adopted Assembly Bill 1236 on October 08, 2015, which requires local agencies with less than 200,000 residents to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems by September 30, 2017; 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. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 1: Chapter 15.76 is hereby added to the City of Lake Elsinore Municipal Code (LEMC) to read as follows: CHAPTER 15.76 — Electric Vehicle Charging Stations 15.76.010 - Purpose and Intent 15.76.020 - Definitions. 15.76.030 - Expedited Permitting Process 15.76.040 - Permit Application Processing 15.76.050 - Technical Review 15.76.060 - Electric Vehicle Charging Station Installation Requirements 15.76.010 — Purpose and Intent. 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. 15.76.020 — Definitions As used in this chapter: "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. "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. Ord. No. 2017 -1380 Page 2 of 4 "Electronic submittal" means the utilization of one or more of the following: A. Electronic mail or email. B. The internet. C. Facsimile. 15.76.030 - 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 electric vehicle charging 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. 15.76.040 - 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; and, 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 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. 15.76.050 - Technical Review 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 Ord. No. 2017 -1380 Page 3 of 4 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 this Chapter, the City may require the applicant to apply for a use permit. 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. 15.76.060 - Electric 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. Section 2: If any provision, clause, sentence or paragraph of this Ordinance to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. Section 3: CEQA. The City Council (Council) finds that this Ordinance is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project involves updates and revisions to existing regulations. The proposed code amendments are consistent with California Law, specifically Government Code section 65850.5 and Civil Code section 714. It can be seen with certainty that the proposed Municipal Code text amendment will have no significant negative effect on the environment. Section 4: Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable. Section 5: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty - first (31 st) day after the date of adoption. Ord. No. 2017 -1380 Page 4 of 4 Section 6: The City Clerk shall certify to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by *law. Passed and Adopted on this 22 "d day of August 2C Attest: usan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE } ss. CITY OF LAKE ELSINORE } I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No. 2017 -1380 was introduced at the Regular meeting of August 8, 2017, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of August 22, 2017, by the following vote: AYES: Council Members Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: Council Member Hickman ABSTAIN: None I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Lake Elsinore, California on the 15th day of August 2017, and on the 29th day of August 2017. Susan M. Domen, MMC City Clerk