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HomeMy WebLinkAboutOrd 1946ORDINANCE NO. 1946 AN ORDINANCE ADDING SECTION 18.07.140 TO THE BURLINGAME MUNICIPAL CODE REGARDING THE IMPLEMENTATION OF STATEWIDE STANDARDS FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS The City Council of the City of Burlingame hereby ordains as follows: Division 1. Title 18 of the Burlingame Municipal Code is amended, adding Chapter 18.07 Section 140, Electric Vehicle Charging Stations, to read as follows: Chapter 18.07.140 PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS Sections: 18.07.140.010 Purpose. 18.07.140.015 Definitions. 18.07.140.020 Applicability. 18.07.140.025 Electric vehicle charging station requirements. 18.07.140.030 Submittal requirements. 18.07.140.035 Plan review, permit, and inspection requirements. 18.07.140.010 Purpose The purpose of this chapter is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with Cal. Gov't Code § 65850.7 to achieve timely and cost-effective processing of applications for the installation of electric vehicle charging stations. The Ordinance encourages the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install electric vehicle charging stations. The Ordinance allows the City to achieve these goals while protecting the public health and safety. 18.07.140.015 Definitions. "Electric vehicle charging station(s)" or "charging station(s)" means any level of electric vehicle supply equipment station that is designed and built in compliance with California Code of Regulations, Title 24 Part 3 California Electrical Code Article 625, as it reads on the effective date of this Ordinance or as it may be amended, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. "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. 18.07.140.020 Applicability. This Ordinance 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 a pre-existing charging station in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. 18.07.140.025 Electric vehicle charging stations requirements. All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the City. Electric vehicle charging stations shall meet all 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, where applicable, rules of the Public Utilities Commission and other applicable laws and regulations regarding safety and reliability. 18.07.140.030 Submittal requirements. All documents required for the submission of an electric vehicle charging station application shall be made available on the City's website. Electronic submittal of the required permit application and documents by facsimile shall be made available to all electric vehicle charging station permit applicants. Because the City does not have an adopted electronic signature protocol as of the time of the adoption of this ordinance, an electronic signature cannot be accepted in lieu of a wet signature on the application. However, as soon as the City adopts such a protocol, electronic signatures will be accepted on charging station applications, and the City's website and application materials will be updated accordingly. The City's Building Division shall adopt a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review. The electric vehicle permit process, standard(s), and checklist(s) may substantially conform to recommendations for permitting, including the checklist and standards contained in the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero -Emission Vehicles in California: Community Readiness Guidebook" published by the California State Office of Planning and Research. For purposes of calculating permit fees under the City's adopted Master Fee Schedule, the value to be used in computing the electric vehicle charging station permit and plan review shall be the total value of all construction work for which the permit is issued as well as any other equipment. The determination of value or valuation under any of the provisions of this Ordinance shall be made by the Building Official. 18.07.140.035 Plan review, permit, and inspection requirements. The Building Official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Only permits or approvals that conform to all applicable provisions of this Title and Title 18, including Design Review, shall be issued. The Building Official or designated staff members shall make determinations of conformance. Where the application meets the requirements of the approved checklist and standards and there are no specific, adverse impacts upon public health or safety, the Building Division shall complete the building permit approval process, which is nondiscretionary. Review of the application for electric vehicle charging stations shall be limited to the Building Official's review of whether the application meets local, state, and federal health and safety requirements. The Building Official may require an applicant to apply for an "electric vehicle charging station use permit" if the Building Official makes written findings that the proposed electric vehicle charging stations could have a specific, adverse impact upon the public health and safety. The Building Official's decision may be appealed to the City Planning Commission. If an electric vehicle charging station use permit is required, the Building Official may only deny an application for the electric vehicle charging station use permit if the official makes written findings based upon substantial 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 the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. The Building Official's decision may be appealed to the City Planning Commission. If the Building Official issues an electric vehicle charging station use permit, the permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. 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. 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. A separate fire inspection may be performed by the Central County Fire Department, if required. Division 2. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Division 3. This Ordinance, or a summary as applicable, shall be published as required by law and shall become effective 30 days Yrreafter. j Ortiz, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 2nd day of October, 2017, and adopted thereafter at a regular meeting of the City Council held on the 16th day of October, 2017, by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE TAieaghan Hassel -Shearer, City Clerk