CC - Item 3A - Consideration of an Ordinance Adding Chapter 15.28 Electric Vehicle Charging Stations to Title 15 to Provide an Expedited, Streamlines PErmitting Process for Electric Vehicle Charging StationsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: MARCH 14, 2023
SUBJECT: CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 15.28
ELECTRIC VEHICLE CHARGING STATIONS TO TITLE 15
(BUILDING AND CONSTRUCTION) TO PROVIDE AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE
CHARGING STATIONS
SUMMARY
In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, codified as
Government Code Section 65850.7), which requires local jurisdictions to adopt an ordinance to
create an expedited, streamlined permitting process for electric vehicle charging stations. An
electric vehicle charging station is any level of electric vehicle supply equipment station which
deliver electricity from a source outside an electric vehicle into a plug-in electric vehicle. The
proposed ordinance is intended to bring Title 15 up to compliance with State legislation
regarding the expediting and streamlining procedures for electric vehicle charging stations.
DISCUSSION
Assembly Bill 1236 was adopted on October 8, 2015 and amended Government Code Section
65850.7 to require jurisdictions with a population less than 200,000 residents to establish
procedures for expedited, streamlined processes for permitting of electric vehicle charging
stations. Assembly Bill 1236 also clarifies that a jurisdiction shall not condition approval of a
permit for an electric vehicle charging station based on the approval of an association as defined
in California Civil Code, Section 4080.
The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements
with which a permit application for an electric vehicle charging station will be eligible for
expedited review. This process includes the establishment of a checklist containing objective
requirements for the installation of an electric vehicle charging station and a process for
electronic submittal of permit applications. The content of the checklist requires the permit
applicant to check the features of the existing electrical service such as rating in amperes, system
voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of
the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment,
AGENDA ITEM 3.A
City Council Meeting
March 14, 2023
Page 2 of 3
location of the electric vehicle supply equipment, if ventilation is/or is not required, and
clearances of the charging equipment to comply with all applicable building and fire safety laws.
The checklist also assists the applicant in confirming that the location of the electric vehicle
supply equipment will comply with any vehicle clearance requirements in the City's / County's
Zoning Ordinance. Section 65850.7 requires that the City's / County's checklist may be based
on the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero -Emission
Vehicles in California: Community Readiness Guidebook" of the Governor's Office of Planning
and Research.
STAFF RECOMMENDATION
That the City Council:
1. Conduct a public hearing and receive public testimony; and
2. Move to INTRODUCE for FIRST READING, by title only, Ordinance No. 1014, an
Ordinance of the City Council of The City Of Rosemead, County of Los Angeles, State
of California, adding Chapter 15.28 - Electric Vehicle Charging Stations to Title 15
(Buildings and Construction) to provide an expedited, streamlined permitting process for
electric vehicle charging stations.
FISCAL IMPACT
None.
ENVIRONMENTAL REVIEW
The ordinance involves updates and revisions to existing regulations, and it can be seen with
certainty that the text amendments will have no significant negative effect on the environment,
per CEQA Guidelines, Section 15061(b)(3). The ordinance also involves the potential
installation of solar energy systems, which are exempt under Section 21080.35 of the Public
Resources Code.
STRATEGIC PLAN IMPACT
None.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which includes a
public hearing notice published in the Rosemead Reader on March 2, 2023 and posting of the
notice at the six (6) public locations.
City Council Meeting
March 14, 2023
Page 3 of 3
Prepared by:
MWINVEMNIM
Ayla Jefferson, Contract Building Official
Submitted by:
=I �
Stan Wong, Interim Director of Community Development
Attachment A: Ordinance No. 1014
Attachment A
Ordinance No. 1014
ORDINANCE NO. 1014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ADDING CHAPTER 15.28 - ELECTRIC VEHICLE
CHARGING STATIONS TO TITLE 15 (BUILDINGS AND
CONSTRUCTION) TO PROVIDE AN EXPEDITED, STREAMLINED
PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING
STATIONS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDAINS AS FOLLOWS:
SECTION 1. Findings. The City Council of the City of Rosemead finds and determines
that:
A. Assembly Bill 1236 imposes new requirements for cities. Assembly Bill 1236
specifically add Section 65850.7 to the Government Code, relating to local ordinances, to require
cities to adopt by ordinance an expedited permitting process for electric vehicle charging stations.
B. 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.
C. The Rosemead City Council seeks to implement Assembly Bill 1236 and further
state policy by adopting this ordinance.
SECTION 2. Code Amendment. Chapter 15.28 -Electric Vehicle Charging Stations is
hereby added to Title 15 (BUILDINGS AND CONSTRUCTION) of the Rosemead Municipal
Code as follows:
Chapter 15.28 — ELECTRIC VEHICLE CHARGING STATIONS
Section 15.28.010 - Intent and Purpose.
The purpose of this chapter is to establish an expedited, streamlined electric vehicle charging
stations permitting process to achieve timely and cost-effective installations electric vehicle
charging stations, and, to promote and encourage the use of electric vehicle charging stations and
to limit obstacles to their use.
Electric Vehicle Charging Stations which qualify for expedited permit processing, pursuant to
Government Code Section 65850.7, shall be subject to the administrative permitting procedures
set forth in the City's Electric Vehicle Charging Station Permit Expediting Ordinance.
Section 15.28.020 - Definitions.
For the purpose of this Article, words and terms used in this Article shall have the meanings set
forth in this Section. Where terms are not defined in this Section and are defined elsewhere in this
1
Code, or the Building Code, such terms shall have the meanings ascribed to them in such codes.
The terms, phrases, and words used in this Ordinance shall be construed in compliance with the
definitions set forth by California Government Code Section 65850.7.
Section 15.28.030 - Expedited Review Process.
A. Consistent with Government Code Section 65850.7, the Building Official shall
implement an expedited administrative permit review process for electric vehicle
charging stations and a checklist of all requirements with which electric vehicle
charging stations shall comply with in order to be eligible for expedited review. The
expedited administrative permit review process and checklist may refer to the
recommendations in the checklist prescribed by 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
Governor's Office of Planning and Research. The City's checklist shall be published
on the City's website.
B. 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.
C. 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.
D. A permit application that satisfies the information requirements in the City's 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 checklist, and is consistent with all applicable laws, 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.
Section 15.28.040 - Specific Adverse Impact Finding.
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
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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 Government
Code 65850.7, the City may require the applicant to apply for a use permit.
SECTION 3. Environmental Determination. The City Council exercises its
independent judgment and finds that this ordinance is exempt from environmental review. First,
the ordinance involves updates and revisions to existing regulations, and it can be seen with
certainty that the text amendments will have no significant negative effect on the environment, per
CEQA Guidelines, Section 15061(b)(3). Second, this ordinance involves the potential installation
of solar energy systems, which are exempt under Section 21080.35 of the Public Resources Code.
SECTION 4. Severability. The City Council hereby declares that, should any provision,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part
thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not
affect the validity of the remaining section or portions of the Ordinance or part thereof. The City
Council hereby declares that it would have independently adopted the remaining provisions,
sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance
irrespective of the fact that any one or more provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in
the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty
(30) days after the date of its adoption.
SECTION 6. Effective Date. This ordinance shall take effect thirty (30) days after its
adoption.
SECTION 7. Filing. The City Clerk shall file a certified copy of this Ordinance with the
California Building Standards Commission.
PASSED, APPROVED AND ORDAINED this
APPROVED AS TO FORM:
Rachel Richman, City Attorney
3
day of 2023.
Sean Dang, Mayor
ATTEST:
Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing Ordinance No. 1014, adopted at a regular meeting of the City Council
of the City of Rosemead held on the day of 2023, by the following vote:
AYES:
NOES:
ABSENT:
Ericka Hernandez, City Clerk