1 Waive Second Reading and Adopt Ordinance No. 631 Adding Chapter 9, “Electric Vehicle Charging Station Permits” to Title 4 of the Livingston Municipal Code to Provide for an Expedited Streamlined Permitting Process for Electric Vehicle Charging Stations.

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Meeting Date: September 19, 2017

STAFF REPORT

AGENDA ITEM  Waive second reading and adopt Ordinance No. 631 of the City Council of the City of Livingston adding Chapter 9, “Electric Vehicle Charging Station Permits,” to Title 4 of the Livingston Municipal Code:

MEETING DATE: September 19, 2017  

PREPARED BY:  Randy Hatch, Chief Building Official

REVIEWED BY:  Jose M. Sanchez, City Attorney, Jose Antonio Ramirez, City Manager

RECOMMENDED ACTIONS:

Waive second reading and adopt Ordinance No. 631 of the City Council of the City of Livingston adding Chapter 9, “Electric Vehicle Charging Station Permits,” to Title 4 of the Livingston Municipal Code to provide for an expedited, streamlined permitting process for electric vehicle charging stations.

BACKGROUND AND DISCUSSION:

This Ordinance was introduced and the first reading waived at the City Council meeting on September 5, 2017. This would be the second reading and adoption of the Ordinance. Adoption of the proposed ordinance would bring the City into compliance with Government Code 65850.7.

CONCLUSION:

Staff recommends waiving the second reading and adopting Ordinance No. 631 adding Chapter 9, “Electric Vehicle Charging Station Permits,” to Title 4 of the Livingston Municipal Code to provide for an expedited, streamlined permitting process for electric vehicle charging stations and to bring the City into compliance with Government Code 65850.7.

ATTACHMENT:

1. Ordinance No. 631 Adding Chapter 9, “Electric Vehicle Charging Station Permits,” to Title 4 of the Livingston Municipal Code to Provide for an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations.

ORDINANCE NO. 631

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADDING CHAPTER 9, “ELECTRIC VEHICLE CHARGING STATION PERMITS,” TO TITLE 4 OF THE LIVINGSTON MUNICIPAL CODE TO PROVIDE FOR AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS

WHEREAS, the State of California and the City of Livingston desire to promote and encourage the use of fuel-efficient electric vehicles; and

WHEREAS, on October 8, 2015, Governor Jerry Brown signed AB 1236, amending Government Code section 65850.7, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations; and

WHEREAS, the City Council of the City of Livingston seeks to implement AB 1236 through the creation of an expedited, streamlined permitting process for electric vehicle charging stations; and

WHEREAS, the City Council of the City of Livingston finds that it is in the interest of the health, welfare, and safety of the public to provide an expedited, streamlined permitting process to encourage and facilitate the convenient development of electric vehicle charging stations.

NOW THEREFORE, the City Council of the City of Livingston does ordain as follows:

Section 1. Recitals Made Findings. The above recitals are hereby declared to be true and correct findings of the City Council of the City of Livingston.

Section 2.

as follows:

Chapter 9 shall be added within Title 4 of the Livingston Municipal Code to read

“ELECTRIC VEHICLE CHARGING STATION PERMITS

4-9-1: Intent and purpose.

4-9-2: Definitions.

4-9-3: Expedited Permitting Process.

4-9-4: Permit Application Process.

4-9-5: Technical Review.

4-9-6: Electric Vehicle Charging Station Installation Requirements. 4-9-7: Right of Appeal.

4-9-1 INTENT AND PURPOSE.

The purpose and intent 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 in the installation and use of such charging stations. This chapter is also intended to comply with the requirements of California Government Code section 65850.7, as may be amended from time to time.

4-9-2 DEFINITIONS.

For the purpose of carrying out the intent of this chapter, the terms in this chapter have the meaning set forth below:

A. “Electric vehicle charging station” or “charging station” shall mean any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electrical vehicle into a plug-in electric vehicle.

B. “Building Official” shall mean the Building Official for the City of Livingston or the Building Official’s designee.

C. “City” shall mean the City of Livingston.

D. “Electronic submittal” shall mean the utilization of one or more of the following:

1. Email;

2. The Internet; or

3. Facsimile

E. “Expedited permitting process” or “expedited review” shall mean the process outlined in Section 4-9-3 for permit review and inspection requirements.

F. “Specific adverse impact” shall mean 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.

4-9-3 EXPEDITED PERMITTING PROCESS.

The Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website and shall be accessible to the public.

4-9-4 PERMIT APPLICATION PROCESSING.

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public healt and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits.

C. Approval does not authorize an applicant to energize or utilize the electric vehicle charging station, unless and until approval is granted by the County and/or utility carrier.

D. Inspections may be required and performed by the Building Official prior to issuance of all necessary permits. If an inspection is required, the inspection shall be done in an efficient and timely manner, and should include consolidated inspections; and inspection measures taken should be consistent with safety requirements to ensure that the electric vehicle charging stations are properly installed. If the electric vehicle charging station fails the initial inspection, a subsequent inspection may be required.

E. 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 an expedited permit issuance.

F. The Building Official shall allow for electronic submittal of permit applications covered by this article and associated supporting documentations.

4-9-5 TECHNICAL REVIEW.

A. If the Building 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 this chapter, the City may require the applicant to apply for a Use Permit.

B. In the technical review of an electric vehicle charging station, 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.

4-9-6 ELECTRICAL VEHICLE CHARGING STATION INSTALLATION REQUIREMENTS.

A. Electric vehicle charging station equipment shall meet the requirements of 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 the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

4-9-7 RIGHT OF APPEAL.

Any person having any record title or legal interest in the building may appeal from any action or decision of the Building Official under this chapter by filing an appeal to the City Council in accordance with the procedures set forth in Livingston Municipal Code 4-1-3-1, or as may be amended.

Section 3. Electronic Signatures. The City is unable as of the date of this Ordinance to comply with the provisions of Government Code Section 6 5 8 5 0. 7 ( g )(2) that would allow the City to utilize “electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant.” The City does not have a system in place that is capable of verifying an electronic signature as provided in Government Code Section 16.5. The Secretary of State allows the use of electronic signatures only if the signatures can be verified using Public Key Cryptology (“PKI”) or Signature Dynamics technology (2 C.C.R. Sec. 2203). These technologies add complexity and expense to the requirements identified in Government Code Section 65850.7 (g) (2), and the City does not have the financial resources of infrastructure as of the date of this Ordinance to deploy such technology. Based on the reasons set forth in this section, the City Council determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant for a small residential rooftop solar energy system.

Section 4. California Environmental Quality Act (“CEQA”). This Ordinance is exempt from CEQA based on sections 15378 and 15061 (b)(3) of the CEQA Guidelines, because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. This Ordinance is a text amendment involving the adoption of regulations to expedite and streamline permitting for electric vehicle charging stations; thus, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of the Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

Section 6. Effective Date. This Ordinance shall become effective thirty (30) days after its final passage and adoption.

Introduced:

Passed and Adopted:

 
 

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Jim Soria, Mayor

of the City of Livingston

ATTEST:

State of California ) County of Merced ) City of Livingston )

I, hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 5th day of September, 2017, and was passed and

adopted at Regular Meeting of the City Council of the City of Livingston this September, 2017.

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Betty Cota, Deputy City Clerk of the City of Livingston

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