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HomeMy WebLinkAbout2038ORDINANCE NO. 2038 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 8.105 "ELECTRIC VEHICLE CHARGING STATION STREAMLINED PERMITTING PROCESS," TO TITLE 8 "BUILDINGS AND CONSTRUCTION," OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AND AMENDING SECTION 93.06.00 OF THE PALM SPRINGS ZONING CODE RELATING TO PARKING REQUIREMENTS FOR ELECTRIC VEHICLE CHARGING SPACES AND STATIONS. CITY ATTORNEY SUMMARY This Ordinance adds Chapter 8.105 "Electric Vehicle Charging Station Streamlined Permitting Process" to the Palm Springs Municipal Code to implement an expedited and streamlined permitting process for electric vehicle charging stations pursuant to Assembly Bill 1236. This Ordinance also amends Section 93.06.00 of the Palm Springs Zoning Code to implement Assembly Bill 1100 on accessible parking spaces served by electric vehicle supply equipment. WHEREAS, the City of Palm Springs, California, ("City") is a charter city and municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the State of California adopted Assembly Bill 1236, codified as California Government Code Section 65850.7, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations; and WHEREAS, the State of California adopted Assembly Bill 1100, codified as California Vehicle Code Section 22511.2, which requires an accessible parking space with an access aisle served by electric vehicle supply equipment and accessible parking space with an access aisle intended as a future electric vehicle charging space to be counted as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking requirements established by a local jurisdiction. WHEREAS, the City's Sustainability Plan calls on the City to continue to support development of electric vehicle infrastructure and charging stations. WHEREAS, the City wishes to amend its Municipal Code and Zoning Code to meet State law and to facilitate convenient charging of electric vehicles. Ordinance No. 2038 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Ordinance. SECTION 2. Addition to Palm Springs Municipal Code. Chapter 8.105 is hereby added to Title 8 of the Palm Springs Municipal Code to read as follows: CHAPTER 8.105 ELECTRIC VEHICLE CHARGING STATION STREAMLINED PERMITTING PROCESS Section: 8.105.010 Purpose. 8.105.020 Applicability 8.105.030 Definitions. 8.105.040 Electric Vehicle Charging Station Requirements. 8.105.050 Expedited Permitting Process. 8.105.060 Permit Application Process. 8.105.070 Permit Review. 8.105.080 Fees. 8.105.010 — Purpose 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 while promoting public health and safety in a manner consistent with California Government Code Section 65850.7. 8.105.020 — 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 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. 8.105.030 — Definitions 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 section and are defined in other sections of the Palm Springs Municipal Code, such terms shall have the meanings Ordinance No. 2038 Page 3 ascribed to them as in those sections. Where terms are not defined through the methods authorized by this section, such terms shall have ordinary accepted meanings such as the context implies. A. "A 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. B. "Building Official" means the chief building official of the City or his or her designee. C. "Electronic submittal" means any computer based electronic plan review software maintained, operated, and utilized by the City while receiving applications through the internet. D. "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, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug- in electric vehicle. E. "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. 8.105.040 — Electrical Vehicle Charging Station Requirements A. The electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability. B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. Ordinance No. 2038 Page 4 D. 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, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements. 8.105.050 — Expedited Permitting Process 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 Governor's Office of Planning and Research. The City's adopted checklist shall be published on the City's website. 8.105.060 — Permit Application Process 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; and areas of charging station equipment and vehicle parking. B. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the City. C. 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. D. The Building Official shall allow for electronic submittal of permit applications covered by this chapter 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. Ordinance No. 2038 Page 5 8.105.070 — Permit Review A. The Building Official shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life -safety situations. B. If the 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, the City may require the applicant to apply for a conditional use permit pursuant to Chapter 94.02.00 of the Palm Springs Zoning Code. The Building Official's decision may be appealed by the applicant to the Planning Commission by submitting a written request of review of such decision within five (5) days of such decision, requesting review of such decision by the Planning Commission. Such request shall be made in writing to the Department of Planning Services. Upon receipt of such request, the Department of Planning Services shall schedule the matter for Planning Commission review, and shall forward to the Planning Commission for its consideration all of the documents and materials submitted with the permit application, together with a report of the decision of the Building Official and the reasons therefor. The Planning Commission may act upon the application as if it were the initial consideration of the application. No public hearing shall be required for such action. C. An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission's decision may be appealed by the applicant to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. D. In the technical review of a charging station application, the Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by California Civil Code Section 4080. E. Upon confirmation by the Building Official that the permit application and supporting documents meet 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, as may be amended, approve the application and issue all necessary permits. Ordinance No. 2038 Page 6 8.105.080 — Fees The City Council may establish by resolution fees that shall be charged for permits issued under this chapter. SECTION 3. Amendment to Palm Springs Zoning Code. Subdivision (B)(12)(c) of Section 93.06.00 of the Palm Springs Zoning Code is hereby amended to read as follows: c. Any spaces reserved for electric vehicle charging stations shall be clearly marked with signage and shall meet the parking design standards set out in Subdivision C of this Section. Electric vehicle charging spaces shall count toward the required number of parking spaces as follows: 1) A parking space served by electric vehicle supply equipment (as defined in the California Green Building Standards Code) or a parking space designated as a future electric vehicle charging space shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements set out in Subdivision D of this Section. 2) An accessible parking space with an access aisle served by electric vehicle supply equipment or an accessible parking space with an aisle designated as a future electric vehicle charging space shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements set out in Subdivision D of this Section. 3) This subdivision does not modify the approval requirements for an electric vehicle charging station pursuant to Chapter 8.105 of the Palm Springs Municipal Code. SECTION 4. Exemption from California Environmental Quality Act. The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.). Pursuant to State CEQA Guidelines section 15303 (14 Cal. Code Regs., § 15303), this Ordinance is covered by the Class 3 CEQA Categorical Exemption for construction of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The adoption of this Ordinance will result in a streamlined permitting process for the installation of electric vehicle charging equipment that qualifies as an accessory use in residential or commercial garages, parking lots and other areas. The City Council hereby directs the City Manager or his designee to prepare and file a Notice of Exemption within five (5) business days following adoption of this Ordinance. Ordinance No. 2038 Page 7 SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is 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 hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Publication/Effective Date. This Ordinance shall take effect thirty (30) days after its adoption and, within fifteen (15) days after its passage, shall be published at least once in a newspaper of general circulation published and circulated within the City. PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF JANUARY 2021. ATTEST: HONY J. CLERK Ordinance No. 2038 Page 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2038 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on December 10, 2020, and adopted at a regular meeting of the City Council held on January 14, 2021, by the following vote: AYES: Council members Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this = w, day of r7e b r,,2 6rfthony J. M ji M C le City of Palm pring , California