CC 2018-03-27_09g Adopt Ordinance_EV Charging Stations
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: KELLY HEFFERNON, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE ADDING
SECTION 15.04.032 TO TITLE 15 OF THE ARROYO GRANDE
MUNICIPAL CODE TO CREATE AN EXPEDITED PERMITTING
PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS (STAFF
PROJECT NO. 18-002)
DATE: MARCH 27, 2018
SUMMARY OF ACTION:
Adoption of the Ordinance will create an expedited and streamlined permitting process
for electric vehicle charging stations (EVCSs) in compliance with Government Code
Section 65850.7 of Stats. 2015, Ch. 598 (AB 1236).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact as a result of the proposed Ordinance. All permit review
costs are funded by permit fees. Because the City already issues permits for EVCSs
administratively over the counter, there will be minimal impact to personnel resources to
implement the proposed expedited and streamlined permitting process outlined in the
Ordinance.
RECOMMENDATION:
It is recommended the City Council adopt an Ordinance adding Section 15.04.032 to
Title 15 of the Arroyo Grande Municipal Code (Buildings and Construction) to create an
expedited and streamlined permitting process for electric vehicle charging stations as
required by Government Code Section 65850.7.
BACKGROUND:
On March 13, 2018, the City Council introduced an Ordinance adding Section 15.04.032
to Title 15 of the Arroyo Grande Municipal Code, without modification. However, the
Council provided direction to the Building Official to modify the Plug-In Electric Vehicle
Infrastructure Permitting Checklist to ensure that plug-in electric vehicle (PEV) spaces
do not impact handicap accessible parking spaces.
ANALYSIS OF ISSUES:
The Ordinance is now ready for adoption. The Ordinance will become effective thirty
(30) days after final passage of the Ordinance.
Item 9.g. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE ADDING SECTION 15.04.032
TO TITLE 15 OF THE ARROYO GRANDE MUNICIPAL CODE TO CREATE AN
EXPEDITED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING
STATIONS
MARCH 27, 2018
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance as proposed;
2. Modify and reintroduce the Ordinance; or
3. Provide direction to staff.
ADVANTAGES:
The proposed Ordinance satisfies the requirement that cities adopt an expedited
permitting process for EVCSs.
DISADVANTAGES:
None identified except the minimal staff time that will be necessary to train staff on the
new permitting process and to update the City’s website with the new procedures.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA) Guidelines, it has
been determined that the project is exempt from CEQA pursuant to CEQA Guidelines
Section 15061(b)(3) which is the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment and CEQA does
not apply where it can be seen with certainty that there is no possibility that the activity
may have a significant effect on the environment.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. At the time of report publication, no comments
have been received.
Attachment:
1. Plug-In Electric Vehicle Infrastructure Permitting Checklist
Item 9.g. - Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
ADDING SECTION 15.04.032 TO TITLE 15 OF THE ARROYO GRANDE
MUNICIPAL CODE (BUILDINGS AND CONSTRUCTION) TO CREATE
AN EXPEDITED AND STREAMLINED PERMITTING PROCESS FOR
ELECTRIC VEHICLE CHARGING STATIONS AS REQUIRED BY
GOVERNMENT CODE SECTION 65850.7
WHEREAS, the State has determined that the implementation of consistent statewide
standards to achieve the timely and cost-effective installation of electric vehicle charging
stations is a matter of statewide concern; and
WHEREAS, it is the policy of the State to promote and encourage the use of electric
vehicle charging stations and to limit obstacles to their use; and
WHEREAS, on October 8, 2015, the Governor signed Assembly Bill No. 1236, adding
Section 65850.7 to the Government Code, which requires local agencies to adopt an
Ordinance that creates an expedited and streamlined permitting process for electric
vehicle charging stations; and
WHEREAS, the intent of the Legislature is that local agencies would minimize the cost
of permitting for charging stations, so long as the action does not supersede the building
official’s authority to identify and address higher priority life-safety situations; and
WHEREAS, the City Council of the City of Arroyo Grande seeks to implement
Government Code Section 65850.7 through the creation of an expedited, streamlined
permitting process for electric vehicle charging stations; and
WHEREAS, it is in the interest of the health, safety and welfare of the residents of the
City to provide an expedited and streamlined permitting process for electric vehicle
charging stations, in accordance with the requirements of Government Code Section
65850.7.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Section 15.04.032 is hereby added to Title 15 of the Arroyo Grande
Municipal Code to read as follows:
Item 9.g. - Page 3
ORDINANCE NO.
PAGE 2
15.04.032 – Electric vehicle charging stations.
A. Purpose. The purpose of this section 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 section is also intended to comply with the
requirements of California Government Code Section 65850.7, as it may be
amended from time to time.
B. Definitions.
1. “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.
2. “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.
3. “Electronic submittal” means the utilization of one or more of the
following:
i. Electronic mail or email.
ii. The internet.
iii. Facsimile.
C. Applicability. This section applies to the permitting of all electric vehicle
charging stations in the City. Electric vehicle charging stations legally
established or permitted prior to the effective date of this ordinance are not
subject to the requirements of this section unless physical modifications or
alterations are undertaken that materially change the size, type, or
components of a system in such a way as to require new permitting. Routine
operations and maintenance or in-kind replacements shall not require a
permit.
D. Expedited permitting process. 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
Item 9.g. - Page 4
ORDINANCE NO.
PAGE 3
the Governor’s Office of Planning and research. The City’s adopted checklist
shall be published on the City’s website.
E. Permit Application Processing.
1. 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.
2. A permit application that satisfies the information requirements in the
City’s adopted checklist shall be deemed complete and be properly
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. 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.
3. The Building Official shall allow for electronic submittal of permit
applications covered by this Ordinance and associated supporting
documentation. 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.
F. Technical Review.
1. 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 this
Section, the City may require the applicant to apply for an appropriate
use permit as required by the Arroyo Grande Municipal Code.
2. In the technical review of a charging station, 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.
Item 9.g. - Page 5
ORDINANCE NO.
PAGE 4
G. Electric Vehicle Charging Station Installation.
1. All electric vehicle charging stations shall meet applicable health and
safety standards and requirements imposed by the State and the City.
Electric vehicle charging station equipment shall meet all applicable
safety and performance standards established by the California
Electrical Code, the Institute of Electrical and Electronics Engineers,
accredited testing laboratories such as the Underwriters Laboratories
and, where applicable, rules of the Public Utilities Commission
regarding safety and reliability.
2. 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.
3. 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.
4. 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.
H. Decisions by the Building Official to deny a permit may be appealed to the
Planning Commission as outlined in Section 16.12.150 of this code.
SECTION 3. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines
Section 15061(b)(3) which is the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment and CEQA does
not apply where it can be seen with certainty that there is no possibility that the activity
may have a significant effect on the environment.
SECTION 4. A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to the
City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the City
Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the
names of those City Council Members voting for and against the Ordinance shall be
published again, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
SECTION 5. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 6. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall
Item 9.g. - Page 6
ORDINANCE NO.
PAGE 5
not affect the validity of the remaining portion of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2018.
Item 9.g. - Page 7
ORDINANCE NO.
PAGE 6
___________________________________
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
Item 9.g. - Page 8
1
Plug-In Electric Vehicle Infrastructure Permitting Checklist
Permitting Checklist
Residential Non-Residential
Phase 1
Pre-Work Contractor
Personally understands intended
use of the Electric Vehicle Service
Equipment (EVSE )
Obtain an address for the location
Determine the ownership of the site and/or
authorization to install equipment at site
Understands intended use of the EVSE (i.e.,
fleet, employee, customer, visitor, etc.)
Determine number of vehicles charging and
connectors per charging station
Determine source of power and
authorization to use source
Determine type of vehicle(s) to be charged at EVSE
Evaluate mounting type options (i.e., bollard, pole-mount, wall-mount, ceiling-mount)
Clarify communication requirements (i.e., Ethernet, cellular, Wi-Fi, none or other)
Determine the NEMA Enclosure type
Determine the physical dimensions of the space(s)
Inspect the type of circuit breaker panel board intended for the installation
Phase 2
Pre-Work Customer
Identify incentives or rate structures through the utility
Determine size of electrical service at the site
Identify and contact applicable local permit office(s) to identify specific requirements,
including local fire, environmental, construction, building, concealment and engineering
requirements
Identify incentives available through local, state or federal programs
Contact insurance company to acquire additional insurance or separate coverage as
needed
Hire the contractor and verify credentials with all subcontractors; ensure electrical
contractor’s license for electrical work is current
Phase 3
On-Site Evaluation
Verify EVSE meets UL requirements and is listed by UL or another nationally recognized
testing laboratory
Verify EVSE has an appropriate NEMA rated enclosure (NEC 110.28) based on
environment and customer needs, such as weatherization or greater levels of resistance
to water and corrosive agents
Determine the level or charger meets customer’s PEV requirements (most vehicles
require the maximum of a 240V/32A (40A breaker)
Based on proposed EVSE location, determine if cord length will reach a vehicle’s
charging inlet without excessive slack and does not need to be more than 25’ in length
(NEC 625.17)
Cord management methodologies have been considered to reduce the risk of tripping
hazards and accidental damage to the connector
Mounting type selection based on requirements to meet site guidelines
Determine whether EVSE communication options are beneficial to customer and/or
local utility
ATTACHMENT 1
Item 9.g. - Page 9
2
Permitting Checklist
Residential Non-Residential
Phase 4
On-Site Survey
Ensure overhead doors and vehicle
parking spot do not conflict with
EVSE location
Place EVSE in a location convenient
to charging port on vehicle and
typical orientation of the vehicle in
garage (i.e., backed in or head-first)
Ensure functionality of lighting in
the garage to meet NEC code 210-70
Space(s) should be visible to drivers and
pedestrians
Determine proximity to building entrance
(could be considered an incentive for PEV
use)
Site PEV spaces in locations that do not
impact accessible parking spaces
Select spaces proximate to existing
transformer or panel with sufficient
electrical capacity
EVSE installation should maintain a
minimum parking space length to comply
with local zoning requirements
If available, use wider spaces to reduce the
risk of cord damage and minimize the
intersection of cords with walking paths
Ensure sufficient lighting at proposed
space(s) to reduce the risk of tripping and
damage to charging station from vehicle
impact or vandalism; light levels above two
foot candles are recommended
Address accessibility requirements (refer to
the Plug-In Electric Vehicle Infrastructure
and Equipment Accessibility section of the
Guidebook for more information)
Determine availability of space for
informative signing
EVSE with multiple cords should be placed
to avoid crossing other parking spaces
All available charging station mounting
options should be considered and optimized
for the space
Determine if hazardous materials were
located at the site
PARKING DECKS
Place EVSE towards the interior of a parking
deck to avoid weather-related impacts on
equipment
PARKING LOTS
Avoid existing infrastructure and
landscaping to mitigate costs, potential
hazards and other negative impacts
ON-STREET
Install on streets with high foot and vehicle
traffic to mitigate vandalism
Avoid existing infrastructure to mitigate
Item 9.g. - Page 10
3
Permitting Checklist
Residential Non-Residential
costs, potential hazards and other negative
impacts
Address accessibility requirements (refer to
the Plug-In Electric Vehicle Infrastructure
and Equipment Accessibility section of the
Guidebook for more information)
For pull-in spaces, EVSE should be placed in
front of the space and either centered on
the space if placed between two spaces (if
two connectors are available); EVSE with
more than two connectors should not be
used in on-street applications
For parallel parking locations, the charging
station should be installed at the front third
of the parked vehicle and based on the
direction of traffic flow; EVSE with a single
connector is recommended to reduce
potential trip hazards
Mount the connector at a height between 36” and 48” from the ground (NEC 625.29)
unless otherwise indicated by the manufacturer
Install wall or pole-mount stations and enclosures at a height between 36” and 48”
Ensure sufficient space exists around electrical equipment for safe operation and
maintenance (NEC 110.26); recommended space is 30” wide, 3’ deep and 6’6” high
Minimize tripping hazards and utilize cord management technologies when possible
Equipment operating above 50 volts must be protected against physical damage (NEC
110.27); ensure the vehicle is out of the line of vehicle travel and use wheel stops or
other protective measures
EVSE must be located such that ADA routes maintain a pathway of 36” at all times
Phase 4
Contractor Installation
Preparation
Price quote submitted to customer and approved including utility upgrades
Order equipment
Provide stamped engineering calculations as needed
Provide site plan modification with diagrams as necessary
Complete all necessary service upgrades and/or new service assessments
Complete permit applications as required by local permitting department
Ensure permit is approved and collected
Schedule all necessary contract work (i.e., boring, concrete and/or paving restoration)
and utility work (i.e., utility marking, service upgrade, new service and/or meter pull)
Ensure utility marking of existing power lines, gas lines or other infrastructure is
completed and utilize “call before you dig” services
Phase 5
Installation
Residential garages may permit the
use of nonmetallic-sheathed cable in
lieu of conduit
Run conduit from power source to station
location
For EVSE greater than 60 amperes, a
separate disconnect is required (NEC
625.23) and should be installed concurrently
with conduit and visible from the EVSE
Post permit at site in visible location
Item 9.g. - Page 11
4
Permitting Checklist
Residential Non-Residential
Remove material to run conduit and/or wiring (i.e., drywall, insulation, pavers,
concrete, pavement, earth, etc.
Contractors are encouraged to examine requirement for installation sites and types of
wiring in Chapter 3 of the NEC
Pull wiring; charging stations require a neutral line and a ground line and equipment is
considered to be a continuous load
Conductors should be sized to support 125% of the rated equipment load (NEC 625.21)
Preparing mounting surface and install per equipment manufacturer instructions
Floor-mount: typically requires a concrete foundation with J-bolts on station base; place
with space to allow conductors to enter through the base
Wall/pole/ceiling-mount: install brackets for mounting of the equipment
Install bollard(s) and/or wheel stop(s) as needed
Install informative signage to identify the EVSE and potential trip hazards
Install additional electrical panels or subpanels as needed
Install service upgrades, new service and/or new meter as needed; utility may also pull
a meter to allow for charging station wires to be connected to a panel
Make electrical connection
Perform finish work to repair existing infrastructure, surfaces and landscaping
Phase 6
Inspection
An initial electrical inspection by applicable building, fire, environmental and electrical
authorities should occur after conduit has been run and prior to connecting equipment
and running wires; if necessary, contractor should correct any issues and schedule a
second rough inspection
If required, the inspector will perform a final inspection to ensure compliance with NEC
and other codes adopted within the jurisdiction by inspecting wiring, connections,
mounting and finish work
Contractor should verify EVSE functionality
Additional Resources National Codes and Standards
American National Standards Institute (ANSI)
National Fire Protection Association (NFPA)
Underwriters Laboratories, Inc. (UL)
International Association of Electrical Inspectors (IAEI)
International Code Council (ICC)
NECA-NEIS Standards
NECA and NFPA Webinars
Electrical Vehicle Infrastructure Training Program (EVITP) Installer Training
Course/Certification
Item 9.g. - Page 12