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Home My WebLink About03 - Electric Vehicle Charging Stations�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report June 27, 2017 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Seimone Jurjis, Assistant Community Development Director, Dan Kennedy, Principal Civil Engineer PHONE: 949-644-3279, dkennedy@newportbeachca.gov TITLE: Ordinance No. 27-10 Amending the Permit Process for Electric Vehicle Charging Stations ABSTRACT: This is the second reading and adoption of an ordinance for compliance with State adopted Assembly Bill 1236 (AB 1236). The bill requires the City to include in its Municipal Code an expedited, streamlined permitting process for electric vehicle charging stations by September 30, 2017. In order to comply with State law, staff proposes adding Chapter 15.19 to the Newport Beach Municipal Code (NBMC); this new chapter establishes the necessary requirements to process permits in an expedited manner. RECOMMENDATION: a) Find the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2017-10, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 15.19 to Title 15 of the Newport Beach Municipal Code to Provide an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION - On June 13, 2017, City Council introduced Ordinance No. 2017-10, which creates an expedited, streamlined permitting process for electric vehicle charging stations by adding Chapter 15.19 to the NBMC. Staff recommends the City Council adopt the ordinance included in Attachment A. 3-1 Ordinance No. 27-10 Amending the Permit Process for Electric Vehicle Charging Stations June 27, 2017 Page 2 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 1506(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Ordinance No. 2017-10 3-2 Attachment A Ordinance No. 27-10 Amending the Permit Process for Electrical Vehicle Charging Stations 3-3 ATTACHMENT A ORDINANCE NO. 2017-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 15.19 TO TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, the City Council of the City of Newport Beach seeks to implement AB 1236 (Chapter 598, Statutes 2015) through the creation of an expedited, streamlined permitting process for electric vehicle charging stations; WHEREAS, the City Council wishes to advance the use of electric vehicle charging stations by residents, businesses, and visitors, WHEREAS, AB 1236 requires the City to adopt an ordinance creating an expedited and streamlined permitting process for electric vehicle charging stations by September 30, 2017; WHEREAS, electric vehicle charging stations have the potential to create local jobs and economic opportunity; WHEREAS, the City's Fire Department and Municipal Operations Director were consulted in the drafting of this ordinance; and WHEREAS, it is in the interest of the health, welfare and safety of the people of City of Newport Beach to provide an expedited permitting process to assure the effective deployment of electric vehicle charging stations technology. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Chapter 15.19 of the Newport Beach Municipal Code is added to Title 15 to read as follows: Chapter 15.19 ELECTRIC VEHICLE CHARGING STATIONS Sections: 15.19.010 PURPOSE 15.19.020 APPLICABILITY 3-4 Ordinance No. 2017 - Page 2 of 6 15.19.030 DEFINITIONS 15.19.040 ELECTRIC VEHICLE CHARGING STATIONS SYSTEM REQUIREMENTS 15.19.050 DUTIES OF THE BUILDING DIVISION, AND CHIEF BUILDING OFFICIAL 15.19.060 PERMIT REVIEW REQUIREMENTS 15.19.010 PURPOSE The purpose of this Chapter is to adopt an expedited, streamlined electric vehicle charging station permitting process that complies with AB 1236 (Chapter 598, Statutes 2015) to achieve timely and cost-effective installations of electric vehicle charging stations. The provisions of this Chapter encourage the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install electric vehicle charging stations. The provisions of this Chapter further allow the City to achieve these goals while protecting the public's health, welfare and safety. 15.19.020 APPLICABILITY A. This Chapter applies to the permitting of all electric vehicle charging station systems in the City. B. Electric vehicle charging station systems legally established or permitted prior to the effective date of this Chapter are not subject to the requirements of this Chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station system. Routine operation and maintenance or like -kind replacements of electric vehicle charging stations shall not require a permit. 15.19.030 DEFINITIONS A. "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. B. "Electronic submittal" means the utilization of one (1) or more of the following: 1. Email; 2. The Internet; or 3. Facsimile. 3-5 Ordinance No. 2017 - Page 3 of 6 C. "Common interest development" means any of the following. - 1 . ollowing: 1. A community apartment project; 2. A condominium project; 3. A planned development; or 4. A stock cooperative. D. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment that is designed and built in compliance with Article 625 of the California Electrical Code, or any successor regulation, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. E. "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. F. "Community Readiness Guidebook" means the guidebook published by the Office of Planning and Research, with recommendations in the most current version of the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero -Emission Vehicles in California." 15.19.040 ELECTRIC VEHICLE CHARGING STATION SYSTEM REQUIREMENTS A. All electric vehicle charging station systems shall meet applicable health and safety standards and requirements imposed by the state and the California Fire Code, as adopted and amended by the City. B. Electric vehicle charging station systems shall be certified by an accredited listing agency as defined by the California Electrical Code. C. Electric vehicle charging station systems 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, rules of Public Utilities Commission regarding safety and reliability. 3-6 Ordinance No. 2017 - Page 4 of 6 15.19.050 DUTIES OF THE BUILDING DIVISION AND CHIEF BUILDING OFFICIAL A. All documents required for the submission of an expedited electric vehicle charging station system application shall be made available on the publicly accessible City website. B. Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all electric vehicle charging station system permit applicants. C. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. D. The electric vehicle charging station system permit process, and checklist(s) shall substantially conform to recommendations for expedited permitting, including the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" contained in the most current version of the Zero -Emission Vehicles in California: COMMUNITY READINESS GUIDEBOOK published the Office of Planning and Research. E. The City Council, by resolution, may establish a fee for the processing of electric vehicle charging station system applications. 15.19.060 PERMIT REVIEW REQUIREMENTS A. The Building Division shall administratively approve an application to install electric vehicle charging stations through issuance of a building permit or similar nondiscretionary permit. B. The Chief Building Official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the electric vehicle charging station system could have a specific, adverse impact upon the public health and safety. C. Review of the application shall be limited to the Chief Building Official's review of whether the application meets local, state, and federal health and safety requirements. D. If a use permit is required, the City may deny an application for the use permit if the City 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 3-7 Ordinance No. 2017 - Page 5 of 6 findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. E. Decisions regarding an electric vehicle charging station system permit application may be appealed to the Planning Commission pursuant to Chapter 20.64, or any successor chapter. F. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. G. The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the California Civil Code, or any successor statute. H. 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. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 3-8 Ordinance No. 2017 - Page 6 of 6 Section 5: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of 20_, and adopted on the day of , 20 , by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS KEVIN MULDOON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED_,AS TO FORM: CITY AT R EY OFFICE AARON C. HAF�P, CITY ATTORNEY 3-9