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Intro Ord Adding Section 8986 Electric Vehicle Charging Systems to DMC Chpt 11MUNICIPAL CODE AMENDMENT SEPTEMBER 22, 2020 PAGE 2 Assembly Bill 1236 also clarifies that a jurisdiction shall not condition approval of a permit for an [ow I qr*79 M wiews a 0 161K01011ANINW-77az 61ITZI&MO rz M11 A Economic Vibrancy Quality of Life, Safety and Infrastructure ATTACHMENTS A — Ordinance for Electric Vehicle Charging Systems 1[4q q alim P-1 Kel I k, [FIRYWI I =1 JA 0 ARTICLE Vill ("BUILDING REG TI•5") OF CODE WHEREAS, the State of California and the City of Downey has consistently promotei and encouraged the use of fuel -efficient electric vehicles; and I WHEREAS, the State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process ior 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, TAE CITT COITRJMCTFE�1=�� WEREBY ORDAIN AS FOLLOWS: SEC7UON 1. Article V111 ("Building Regulations") Chapter 11 ("Downey Green Buildir?#" Standards Code") of the Downey Municipal Code is hereby amended to add Section 8986 ("Electric Vehicle Charging Systems") to read as follows: 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 whi promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter complies with California Government Code Section 65850.7. 1 (a) Electric vehicle charging station or charging station. 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. (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 conditions as they existed on the date the application was deemed complete. v (c) Electronic submittal. The utilization of one or more of the following: (i) Electronic mail or email. (ii) The internet. (iii) Facsimile. Attachment "A" 0 1 1 1 0 1 W-11M 4#1- 01119 401:j 21 1.4• Consistent with Government Code Section 65850.7, 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 California Governor's Office of Planning and Research. The City's checklist shall be published on the City's website. 8986.04 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 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. (b) A permit application that satisfies the information requirements in the City's checklist shall be deemed complete and be promptly processed. Upon confirmation by the 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 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 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. (c) Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. (a) It is the intent of this Chapter 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 Building Official's authority to address higher priority life -safety situations. If the Building Official or City Planner 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 an Administrative Permit from Planning. (b) In the technical review of a charging station, consistent with Government Code Section 65850.7, 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. (@) Electric vehicle charging GtGdoR equipment shall meet the requirements of the California Becthum| Code, the Society of Automotive Engineers, the National Beothoe| Manufacturers Asaooiation, and accredited testing laboratories such as Underwriters LmbonatorieG, and rules of the Public Utilities Co[nnliSSiDn Ora K8UOicip8| Electric Utility Company regarding safety and reliability. (b) |nst8U@dOO ofelectric vehicle charging stations and associated wiring, bonding, disconnecting means and owePCU[neOtprotective devices shall meet the requirements 8fArticle 825and all applicable provisions of the California Electrical Code. /C\ |OGtaU8tiQO of electric vehicle charging stations shall be incorporated into the load calculations Ofall new D[existing electrical services and shall meet the requirements Ofthe California Electrical Code. Electric vehicle charging equipment shall beconsidered a continuous load. (d) Anchorage of eithe[flooFDlDQOted 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 e|arnenta.^ SECTION 2. CECjA. The City Council finds that this Ordinance isnot subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15080/C\/2\ (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15O80/C\(3)(the activity ionot 8project 8SdefiOedinSe[tiDO1537O\Ofthe CEC>/\Guidelines, California Code of Regulations, Title 14. Chapter 3' because it has no potential for resulting in physical change to the environment, directly D[indirectly. The City Council hereby directs City staff tO file 8 Notice of Exemption with the Clerk Of Los Angeles County within five (5) days of the adoption of this Ordinance. SECTION 3. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance iSdeclared byacourt of competent jurisdiction tobeunconstitutional Drotherwise inv8|id, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, eubeection, sentence, c|auae, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, ph[GGea. or portions be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify tOthe adoption Vfthis Ordinance and cause the same tobepublished iPthe manner prescribed bylaw. W9911W 0 1 -.1 W-11 04 .. M L:: "s . 0 ATTEST: 19 1 ffe-•T.- W I =W 0"W0• -A Im , AN•1=11M] lJol I Mej a PLO "TTj 091 I HEREBY CERTIFY that the foregoing Ordinance No. 20- was introduced at a Regular Meeting of the City Council of the City of Downey held on the 225d day of September, 2020, and adopted at a regular meeting of the City Council of the City of Downey held on the 13 th day of October, 2020, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 20-_, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on % 2020, (after introduction), and on - _-, 2020, (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. MARIA ALICIA DUARTE, CIVIC City Clerk