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HomeMy WebLinkAbout17-08 CC Ordinance - Urgency ORDINANCE NO. 17-08 ' AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 15.24 TO TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE TEMECULA MUNICIPAL CODE ESTABLISHING AN EXPEDITED BUILDING PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. AB 1236 requires local governments to adopt ordinances implementing an expedited, streamlined, nondiscretionary permitting process for electric vehicle charging stations. Cities with populations of less than 200,000 are required to adopt such ordinances by September 30, 2017. The City will be unable to adopt such an ordinance, through its regular process, before the September 30, 2017 State-mandated deadline. In order to comply with the requirements set forth under State law, it is necessary to adopt this ordinance as an urgency ordinance so that it can take effect immediately. Section 2. Chapter 15.24 is hereby added to Title 15 (Buildings and ' Construction) of the Temecula Municipal Code to read as follows: "Chapter 15.24 ELECTRIC VEHICLE CHARGING STATION STREAMLINED PERMITTING PROCESS Sections: 15.24.010 Purpose. 15.24.020 Applicability. 15.24.030 Definitions. 15.24.040 Permit Application and Review Process. 15.24.050 Fees. Section 15.24.010 Purpose. The purpose of this ordinance is to create an expedited, streamlined electric vehicle charging station permitting process that complies with Government Code section 65850.7 to achieve timely and cost-effective installations of electric vehicle charging stations. 1 Ords 17-08 1 Section 15.24.020 Applicability. A. This section applies to applications for expedited building permits for electric vehicle charging stations consistent with California Government Code Section 65850.7. B. Electric vehicle charging stations legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station in such a way as to require a new permit. Section 15.24.030 Definitions. A. For the purpose of this Chapter, words and terms shall be defined as set forth in this Section. Where terms are not defined in this Code and are defined in other codes, such terms shall have the meanings ascribed to them as in those codes. Where terms are not defined through the methods authorized by this Section, such terms shall have ordinary accepted meanings such as the context implies. B. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electric Code, as it read on January 1, 2016, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle. ' C. "Electronic submission" means a submission of an application utilizing email, the internet, and/or facsimile transmission. D. "Specific, adverse impact" means 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 an application was deemed complete. Section 15.24.040 Permit Application and Review Process A. The building official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" found in the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research. The checklist, application form, and any other documents required by the building official shall be published on the City's website. B. Anyone seeking to install an electric vehicle charging station at any site within the City shall apply to the building official for an expedited nondiscretionary building permit. ' C. An application for an expedited building permit for an electric vehicle charging station, and all associated documentation, may be submitted to the building Ords 17-08 2 official in person, by mail, or by electronic submission. Electronic signatures may be used ' in lieu of wet signatures. D. An application that, in the opinion of the building official, satisfies the information requirements of the checklist adopted by the City shall be deemed complete. E. If an application for an expedited building permit is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application. F. If the building official determines that an application for an expedited building permit is complete, the building official shall review the application. If the building official determines that the proposed charging station meets all health and safety requirements of state and federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued. G. If the building official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for an electric vehicle charging station use permit in order to install the proposed charging station. H. An application for an electric vehicle charging station use permit shall be ' reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the building official's basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code Section 65850.7, the building official's review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety may not be considered. I. A decision of the building official made pursuant to subsections (F) through (H) above may be appealed to the Planning Commission in accordance to the procedures set forth in Section 17.03.090. The Planning Commission's review shall also be limited to health and safety issues. J. Any condition imposed on an application for an expedited building permit or electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. Section 15.24.050 Fees ' The City Council may establish by resolution fees that shall be charged for permits issued under this section." Ords 17-08 3 Section 3. The City Council finds that this ordinance is necessary for the ' immediate preservation of the public peace, health, and safety, and declares that it shall take effect immediately upon its adoption as an urgency ordinance pursuant to Government Code Sections 36934 and 36937. The public peace, health, and safety require the adoption of this urgency ordinance since the City is required, by State law, to adopt an ordinance establishing an expediting and streamlined permitting process for electric vehicle charging stations by September 30, 2017. The purpose of the streamlined and expedited permitting process is to ensure that electric vehicle charging stations can begin to operate as soon as possible which is in the interest of the public health and safety because electric vehicles are better for the environment than some other forms of transportation. For these reasons, as well as the reasons set forth in Section 1 above, the City adopts this ordiance as an urgency ordinance so that it can take effect immediately. Section 4. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. ' Section 5. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 6. Effective Date. This Ordinance shall take effect immediately upon introduction. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of September, 2017 M ann Edwards, Mayor ATTES Randi Johl, City Clerk ' [SEAL] Ords 17-08 4 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 17-08 was duly adopted and passed as an urgency ordinance at a meeting of the City Council of the City of Temecula on the 261h day of September, 2017, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart, Edwards NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk r i Ords 17-08 5