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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 N 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