HomeMy WebLinkAboutOrdinance 641 EV Charging AB 1236tORDINANCE NO. 641
AN ORDINANCE OF THE CITY OF CITY COUNCIL
OF THE CITY OF MORRO BAY CALIFORNIA
AMENDING TITLE 14 (BUILDING AND CONSTRUCTION) TO ADD
CHAPTER 14.43 (ELECTRIC VEHICLE CHARGING SYSTEMS) TO
THE MORRO BAY MUNICIPAL CODE ESTABLISHING AN
EXPEDITED PERMITTING PROCESS FOR ELECTRIC VEHICLE
CHARGING SYSTEMS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of Morro Bay seeks to implement AB 1236 (Chapter 598,
Statutes 2015) through the creation of an expedited, streamlined permitting process for electric
vehicle charging systems; and
WHEREAS, the City of Morro Bay wishes to advance, promote and encourage the use of
fuel -efficient electrical vehicles; and
WHEREAS, the State of California adopted Assembly Bill 1236 in 2015, which requires
local agencies to adopt an ordinance that creates an expedited and streamlined permitting
process for electric vehicle charging systems, and
WHEREAS, creation of an expedited streamlined permitting process for electric vehicle
charging systems would facilitate convenient charging of electric vehicles and help reduce the
City's reliance on environmentally damaging fossil fuels.
N OW, THEREFORE, the City Council of the City of Morro Bay does hereby ordain as follows:
S ECTION 1: The City Council has performed a preliminary environmental assessment of
this project and, pursuant to CEQA Guidelines Section 15061(b)(3), has determined with certainty
that there is no possibility that this Ordinance may have a significant effect on the environment.
The Ordinance involves updates to the City's regulations as required by the mandates of
California law, specifically AB 1236 including Government Code Section 65850 7. Additionally,
the City Council has determined pursuant to CEQA Guidelines Section 15308 (Actions by
Regulatory Agencies for Protection of the Environment) the adoption of the Ordinance which had
been directed by the State, would assure the enhancement of the environment, including climate
action goals, and would not allow environmental degradation. Further, none of the exceptions to
the exemptions under CEQA Guidelines Section 15300.2 are applicable.
S ECTION 2: Chapter 14.43 (Electric Vehicle Charging Systems) of Title 14 (Building and
Construction) is added to the City of Morro Bay Municipal Code, as follows.
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Chapter 14.43
Electric Vehicle Charging Systems
14.43.010 Purpose
The purpose of this chapter is to adopt an expedited, streamlined permitting process for electric
vehicle charging stations that complies with Government Code Section 65850 7 to achieve timely
and cost-effective installations. This chapter is designed to encourage the use of electric vehicles
by removing what the State Legislature considers to be unreasonable barriers thus minimizing
costs to property owners and the city, and expanding the ability of property owners to install
electric vehicle charging systems and electric vehicle charging spaces. This chapter allows the
city to achieve these goals while protecting the public health and safety.
14.43.020 Definitions.
As used in this chapter, the following terms, phrases and words shall have the following
definitions, which are intended to be consistent with the definitions in Government Code Section
65850.7, and shall be automatically deemed to be amended to reflect any amendments to the
definitions in state law.
A "Electric vehicle charging station" or "charging station" means any level of electric vehicle
supply equipment station that is designed and built in compliance with California Electrical Code
Article 625, and delivers electricity from a source outside an electric vehicle into a plug-in electric
vehicle.
B "Feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but
is not limited to, any cost-effective method, condition or mitigation imposed by the city on another
similarly situated application in a prior successful application for a permit.
C. "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.
14.43.030 Applicability
This chapter applies to the permitting of all electric vehicle charging stations in the city Electric
vehicle charging stations legally established or permitted prior to the effective date of this chapter
are not subject to its requirements 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 new permitting Routine operation and maintenance or like -kind replacements
with no structural alterations shall not require a permit.
14.43.040 Technical Review
A. An application for an electric vehicle charging station shall take into consideration
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 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
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and the provisions of the manufacturer's installation instructions. Mounting of charging stations
shall not adversely affect building elements.
14.43.050 Application Documents
A. All documents required for the submission of an electric vehicle charging station application
shall be made available on the city website. The building official shall adopt, and post on the city's
website, a standard plan and checklist of all requirements with which electric vehicle charging
stations shall comply to be eligible for expedited review.
B Electronic submittal of the required permit application, plans and documents by email or the
Internet shall be made available to all electric vehicle charging station permit applicants.
C. The city will accept an electronic signature on all forms, applications and other documents in
lieu of a wet signature by an applicant.
D. The electric vehicle charging station permit process, standard plan(s), and checklist(s) shall
substantially conform to recommendations for expedited permitting including the checklist and
standard plans 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" published by the Office of Planning and Research.
15.15.060 Permit Review and Inspection Requirements
A. The building official shall implement an administrative, nondiscretionary review process to
expedite approval of electric vehicle charging stations.
B If an application is deemed incomplete, a written correction notice detailing all deficiencies in
the application and any additional information or documentation required to be eligible for
expedited permit issuance shall be sent to the applicant for resubmission.
C. Review of the application shall be limited to the building official's review of whether the
application meets local state, and federal health and safety requirements
D. The building and safety division shall issue a building permit, the issuance of which is
nondiscretionary within five business days for residential installations, and ten business days for
commercial installations upon receipt of a complete application that meets the requirements of
the approved checklist and standard plan.
E. The building official may require an applicant to apply for an administrative use permit/coastal
development permit if the official finds, based on substantial evidence that the electric vehicle
charging station could have a specific, adverse impact upon the public health and safety.
F. If an administrative use permit/coastal development permit is required, the city may deny such
application if it makes written findings based upon substantive evidence in the record that the
proposed installation would have a specific, adverse impact upon public health or safety and there
is no feasible method to satisfactorily mitigate or avoid as defined the adverse impact. Such
findings shall include the basis for the rejection of the potential feasible alternative for preventing
the adverse impact Such decisions may be appealed to the city planning commission
G. Any condition imposed on an application shall be a feasible method to satisfactorily mitigate
the specific, adverse impact upon health and safety at the lowest possible cost.
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H. Approval of a permit for any electric vehicle charging station shall not be conditioned on the
approval of an electric vehicle charging station by an association, as that term is defined in Civil
Code Section 4080
I. Only one inspection shall be required and performed by the building division for electric vehicle
charging stations eligible for expedited review.
1.The inspection shall be done in a timely manner and should include consolidated
inspections.
2. If an electric vehicle charging station fails inspection, a subsequent inspection is
authorized.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Morro Bay hereby declares that it would have adopted
this Ordinance and each section, subsection, sentence clause, phrase, or portion thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions thereof may be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption following second reading.
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SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and cause it to be
published, in accordance with Government Code Section 36933.
INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 1 Oth day of
November, 2020, by motion of Council Member Addis, seconded by Council Member Heller.
PASSED AND ADOPTED on the 8th day of December, 2020
AYES* Headding, Addis, Davis, Heller, McPherson
NOES° None
ABSENT: None
JOHN !EkDDINaMA
R
ATTEST:
D*ANA SWANSON, CITY CLERK
APPROVED AS TO FORM:
CihVIS /1/Q�c Att_CHRIS F. NEUMEYE City Attney"`7
011S9.0005/266629.1
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY
I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY DO HEREBY CERTIFY
that the foregoing Ordinance 641 was duly adopted by the City Council of the City of Morro Bay at
the regular meeting of said Council on the 8th day of December, 2020, by the following vote:
AYES. Headding, Addis, Davis, Heller, McPherson
NOES* None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the
City of Morro Bay, California, this k day of , 20w .
iv tit- (WLSo�
DANA SWANSON, City ANA SWANSON, Clerk
01159.00051266629.1