HomeMy WebLinkAboutStaff Report 13881
City of Palo Alto (ID # 13881)
City Council Staff Report
Meeting Date: 1/10/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: SECOND READING: Adoption of an Ordinance Restating Procedures For
Expedited Permitting Processing For Electric Vehicle Charging Systems (FIRST
READING: December 13, 2021 PASSED: 6-0, Kou absent)
From: City Manager
Lead Department: City Clerk
This was heard by the City Council on December 13, 2021 for a first reading and was approved
6-0, Kou absent. No changes were made to the Ordinance; it is now before you for a second
reading.
Attachments:
• Attachment A: Ordinance Reinstating 16.14.440 Procedures for Expedited Permitting
Processing for Electric Vehicle Charging Systems
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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:
16.14.440. Expedited Permitting Process for Electric Vehicle Charging Stations
(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
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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.
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(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.
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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