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Home My WebLink AboutStaff Report 13762 ŝƚǇŽĨWĂůŽůƚŽ;/ηϭϯϳϲϮͿ ŝƚǇŽƵŶĐŝů^ƚĂĨĨZĞƉŽƌƚ DĞĞƚŝŶŐĂƚĞ͗ϭϮͬϭϯͬϮϬϮϭ City of Palo Alto Page 1 dŝƚůĞ͗ĚŽƉƚŝŽŶŽĨĂŶKƌĚŝŶĂŶĐĞZĞƐƚĂƚŝŶŐWƌŽĐĞĚƵƌĞƐ&ŽƌǆƉĞĚŝƚĞĚ WĞƌŵŝƚƚŝŶŐWƌŽĐĞƐƐŝŶŐ&ŽƌůĞĐƚƌŝĐsĞŚŝĐůĞŚĂƌŐŝŶŐ^ǇƐƚĞŵƐ͘ &ƌŽŵ͗ŝƚǇDĂŶĂŐĞƌ >ĞĂĚĞƉĂƌƚŵĞŶƚ͗WůĂŶŶŝŶŐĂŶĚĞǀĞůŽƉŵĞŶƚ^ĞƌǀŝĐĞƐ ZĞĐŽŵŵĞŶĚĂƚŝŽŶ͗ Staff recommends that Council Adopt the Attached Ordinance (attachment A) Restating Procedures for Expedited Permitting Processing For Electric Vehicle Charging Systems. ĂĐŬŐƌŽƵŶĚ͗ On October 8, 2015, the State of California adopted Assembly Bill 12361, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems. 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. This will further achievement of the City’s Sustainability and Climate Action Plan goals. In response to the state law, on June 27, 2017, the City Council adopted Ordinance 5415, creating an expedited permitting process for Electric Vehicle Charging Stations as Section 16.14.440 of the Palo Alto Municipal Code. In March 2020, Council adopted a fully amended Chapter 16.14 and replaced the code section in its entirety. The provisions adopted by Ordinance 5415 were inadvertently omitted from this subsequent ordinance. Through this action the Council can add these provisions back into the municipal code. ŝƐĐƵƐƐŝŽŶ͗ The state law and ordinance require the development of an expedited and streamlined process for electric vehicle charging stations including a checklist of all the requirements that a EV charging station must comply with. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. This governance was inadvertent deleted from the Palo Alto Municipal Code (PAMC) 1 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB1236 16 Packet Pg. 215 City of Palo Alto Page 2 and this action corrects for this administrative error. The City has remained in compliance with governing requirements despite this administrative error. The ordinance retains the ability of the Chief Building Official to determine that an application is incomplete. The law requires that such determination be made in writing and shall include the information needed to complete the application. It is not the ordinance’s intention to supersede the Chief Building Official’s authority to address higher priority life-safety situations, including should such a situation arise related to an EV charging station installation. If the CBO finds there are specific adverse impacts on public health or safety, the City may require the applicant to apply for a use permit. WŽůŝĐǇ/ŵƉůŝĐĂƚŝŽŶƐ͗ Even though provisions of Ordinance 5415 were inadvertently removed from the Municipal Code, the state law still applies in Palo Alto and staff have continued to process EV applications on an expedited basis. This action brings the City into technical compliance with state law and facilitates easier use and understanding by staff, applicants, and the public. dŝŵĞůŝŶĞ͗ The City continues to comply with the state law even in absence of a local implementing ordinance. Passage of this ordinance will be followed by a second reading. ŶǀŝƌŽŶŵĞŶƚĂůZĞǀŝĞǁ͗ This Ordinance falls under the California Environmental Quality Act (CEQA) exemption found in Title 14 California Code of Regulations Section 15061(b)(3) because it can be seen with certainty that there is no possibility it will have a significant negative effect on the environment. ƚƚĂĐŚŵĞŶƚƐ͗ • ƚƚĂĐŚŵĞŶƚϭϲ͘Ă͗Attachment A: Ordinance Reinstating 16.14.440 Procedures for Expedited Permitting Processing for Electric Vehicle Charging Systems 16 Packet Pg. 216 Not Yet Approved 0160059_20211130_ay16 Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Restating Procedures For Expedited Permitting Processing For Electric Vehicle Charging Systems The City Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. A. The State of California and the City of Palo Alto have consistently promoted and encouraged the use of fuel-efficient electric vehicles. B. The State of California recently adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems. C. 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. D. On June 27, 2017, the City Council adopted Ordinance 5415, creating an expedited permitting process for Electric Vehicle Charging Stations as Section 16.14.440 of the Palo Alto Municipal Code. E. The provisions adopted by Ordinance 5415 were inadvertently omitted from subsequent ordinances amending Chapter 16.14 of the Palo Alto Municipal Code. The City Council now wishes to correct this omission. SECTION 2. Section 16.14.440 of Chapter 16.14 (California Green Building Standards Code) of the Palo Alto Municipal Code is hereby added to read: ϭϲ͘ϭϰ͘ϰϰϬ͘ǆƉĞĚŝƚĞĚWĞƌŵŝƚƚŝŶŐWƌŽĐĞƐƐĨŽƌůĞĐƚƌŝĐsĞŚŝĐůĞŚĂƌŐŝŶŐ^ƚĂƚŝŽŶƐ (a) Definitions (1) “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 Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (2) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health 16.a Packet Pg. 217 Not Yet Approved 0160059_20211130_ay16 or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (3) “Electronic submittal” means the utilization of one or more of the following: i. Electronic mail or email. ii. The internet. iii. Facsimile. (b) Expedited Permitting Process. Consistent with Government Code Section 65850.7, the Chief 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. (c) Permit Application Processing (1) 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 health 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; areas of charging station equipment and vehicle parking. (2) 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 Chief Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Chief 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 Chief 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. 16.a Packet Pg. 218 Not Yet Approved 0160059_20211130_ay16 (3) The Chief 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) Permit applications under this section may be submitted electronically, including electronic signatures on all forms, applications, and other documentation. (d) Technical Review. It is the intent of this section 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 Chief Building Official’s authority to address higher priority life-safety situations. If the Chief 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 section, the City may require the applicant to apply for a use permit. SECTION 3. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 4. CEQA. The City Council finds that this Ordinance falls under the California Environmental Quality Act (CEQA) exemption found in Title 14 California Code of Regulations Section 15061(b)(3) because it can be seen with certainty that there is no possibility it will have a significant negative effect on the environment. // // // // // // // // 16.a Packet Pg. 219 Not Yet Approved 0160059_20211130_ay16 SECTION 5. Effective Date. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: ______________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services 16.a Packet Pg. 220