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O 691 ORDINANCE NO. 691 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: ORDINANCE NO. 691 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 ORDINANCE NO. 691 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. ORDINANCE NO. 691 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 ORDINANCE NO. 691 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 Barneich, seconded by Council Member Ray, and by the following roll call vote to wit: AYES: Council Members Barneich, Ray, and Mayor Hill NOES: Council Member Harmon ABSENT: Council Member Brown the foregoing Ordinance was adopted this 27th day of March, 2018. ORDINANCE NO. (09I PAGE 6 J I. JI HILL, MAYOR ATTEST. I . ! IL..� KELLY Ti ORE, CITY CLERK APPROVED AS TO CONTENT: iiik JAMES A = - f AN, CITY MANAGER APPROVED AS TO FORM: HEATHER K. WHITHAM, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 691 which was introduced at a regular meeting of the City Council on March 13, 2018; was passed and adopted at a regular meeting of the City Council on the 27th day of March 2018; and was duly published in accordance with State law (G.C. 40806). —WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of March 2018. gia0,491fL, KELLY W T / ;RE, CITY CLERK