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HomeMy WebLinkAboutOrdinance 1954 (EV Charging Stations)CLERK'S CERTIFICATE I, LINDSAY LARA, Interim City Clerk of the City of San Rafael, and Interim Ex- Officio Clerk of the Council of said City, do hereby certify that the foregoing ORDINANCE NO. 1954 An Ordinance of the City Council of the City of San Rafael Amending Title 12 of the San Rafael Municipal Code (''Building Regulations") to Add New Chapter 12.25 Establishing an Expedited Permitting Process for Electric Vehicle ("EV") Charging Stations is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 5th day of February 2018; a SUMMARY of Ordinance No. 1954 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 20th day of February 2018, by the following vote, to wit: AYES: NOES: ABSENT: COUNCll..,MEMBERS: Colin, McCullough & Mayor Pro Tern Bushey COUNCll..,MEMBERS: None COUNCll..,MEMBERS: Gamblin & Mayor Phillips WITNESS my hand and the official Seal of the City of San Rafael this 26 th day of February, 2018 L~ Interim City Clerk ORDINANCE NO. 1954 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE SAN RAFAEL MUNICIPAL CODE ("BUILDING REGULATIONS") TO ADD NEW CHAPTER 12.25 ESTABLISHING AN EXPEDITED PERMITTING PROCESS FOR ELECTRIC VEHICLE ("EV") CHARGING STATIONS WHEREAS, the State of California and the City of San Rafael have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and WHEREAS, in 2015, the State Legislature adopted Assembly Bill 1236, (enacted as California Government Code Section 65850.7) which requires local agencies to adopt an ordinance creating an expedited and streamlined permitting process for electric vehicle charging systems; and WHEREAS, 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; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FIND AND ORDAIN AS FOLLOWS: DIVISION 1. CEQA EXEMPTION. The City Council hereby finds that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15268 and 15061 (B)(3) because these regulatory procedures are part of the ministerial building permit process, adopting standard codes in effect pursuant to state law and setting requirements for compliance. The adoption of this ordinance does not entitle new development or any changes to the physical environment, so it can be determined with certainty that there is no possibility that the proposed amendments will have a significant effect on the environment. DIVISION 2. AMENDMENTS. San Rafael Municipal Code Title 12 (Building Regulations) is hereby amended to add new Chapter 12.25 ("Expedited Permit Process for Electric Vehicle Charging Systems") as follows: Chapter 12.25 -EXPEDITED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS 12.25.010 -Purpose. The purpose of this Chapter 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 due to the installation and use of such charging stations. This Chapter implements California Government Code Section 65850.7. 1 12.25.020 -Definitions. For purposes of this section, the following definitions shall apply: (a) "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built and installed in compliance with Article 625 and other general requirements of the California Electrical Code in effect at the time of installation, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (b) "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or condition as they existed on the date the application was deemed complete. (c) "Electronic submittal" means the utilization of one or more of the following: electronic mail or email, the internet, or facsimile. (d) A "feasible method to satisfactorily mitigate or avoid the specific adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed on an application for a permit. 12.25.030 -Expedited Permit Process. The chief building official shall develop, maintain and administer an application checklist of all requirements for which electric vehicle charging stations shall comply in order to be eligible for expedited review. The application checklist shall be published and made available on the city website. The checklist shall include information on how and where to file an application including instructions for electronic submittal, necessary worksheet, and an application form. 12.25.040 -Permit Application Processing. The city building division shall make every attempt to review and approve for permit issuance all applications for electric vehicle charging stations in an expedited fashion when completed applications are received which meet all the requirements of the application checklist, as follows: (a) The city shall administratively approve an application to install an electric vehicle charging station through the issuance of a building permit or similar nondiscretionary permit. (b) For outdoor electric vehicle charging stations that are not attached to a building, zoning review and clearance from the planning division shall be required prior to the issuance of a building permit or similar nondiscretionary permit. Single-family residences are exempt from this zoning review and clearance. (c) Review of the application to install an electric vehicle charging station shall be limited to the chief building official's review of whether the application meets all health and safety requirements of local, state, federal law, and the local utility authority. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. (d) Upon city confirmation that the application and supporting documents are complete and meet the requirements of the federal, state and local codes, the city shall approve the application and issue all required permits or authorizations. (e) In the event the application and supporting documents are incomplete, the city shall issue a written correction notice to the applicant detailing all deficiencies in the application and list any additional information required to be eligible for expedited permit issuance. (f) In the event the chief building official, in consultation with the community development director, makes a finding, based on substantial evidence, that the electric vehicle 2 charging station could have a specific, adverse impact upon the public health or safety, the city may require the applicant to apply for a use permit, which shall be subject to the following: (1) An application for a use permit shall be filed and processed pursuant to title 14 (zoning) of this code. The city zoning administrator shall conduct the required public hearing and take action on the use permit application. (2) The zoning administrator may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. (3) Any conditions imposed on a use permit application shall be crafted to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. (4) The zoning administrator's decision on the use permit may be appealed to the planning commission pursuant to the time limits and processing provisions set forth in title 14 (zoning) of this code. 12.25.050 -Fees. Fees for permits subject to this application process shall be as set forth in the master fee schedule resolution of the city council, as amended from time to time. DIVISION 3. SEVERABILITY. If any subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this added ordinance section. DIVISION 4. PUBLICATION: EFFECTIVE DATE. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this ordinance shall be published with fifteen (15) days after the adoption, together with the names of those Council members voting for or against same, in the Marin Independent Journal, a newspaper of the general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) day after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this ordinance amendment along with the nam f those Council members voting for or against the amendment. 3 ATTEST: LINDSA Y LARA, Interim City Clerk The foregoing Ordinance No . 1954 was read and introduced at a regular meeting of the City Council on the City of San Rafael on February 5, 2018 and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Bushey, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Council members : Colin and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 20th day of February 2018. LINDSA Y LARA, Interim City Clerk 4