Loading...
Ordinance No. 1014 - 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 StationsORDINANCE 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 Code, or the Building Code, such terms shall have the meanings ascribed to them in such codes. The terns, 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 2 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 11th day of April, 2023. Sean V D AS O ATTEST: fA— Rachel Richman, City Attorney Ericka Hemandez, City Clerk 3 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, was introduced on March 14, 2023 and adopted at a regular meeting of the City Council of the City of Rosemead held on the 11 ' day of April 2023, by the following vote: AYES: ARMENTA, CLARK, DANG, LOW, LY NOES: NONE ABSENT: NONE ABSTAIN: NONE Ericka Hernan ez, City Clerk 0