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ORD 664 ORDINANCE NO. 664 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 15.44 (ELECTRIC VEHICLE CHARGING STATIONS) TO TITLE 15 (BUILDINGS AND CONSTRUCTION) SETTING PROCEDURES FOR THE STREAMLINE REVIEW AND PERMITTING OF ELECTRIC VEHICLE CHARGING SYSTEMS (CASE NO. PLCA2022-0007) WHEREAS, the City of Rancho Palos Verdes promotes and encourages the use of alternative or renewable forms of energy including fuel-efficient electric vehicles; and WHEREAS, in 2015, the State of California adopted Assembly Bill No. 1236 ("AB 1236"), adding Section 65850.7 to the Government Code, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and WHEREAS, the State of California adopted Assembly Bill No. 970 ("AB 970") in 2021, which updated the requirements set forth in Government Code Section 65850.7 111 and added a new Government Code Section 65850.71 pertaining to processing of electric vehicle charging system applications; and WHEREAS, AB 970 requirements were operative for cities with a population of less than 200,000 residents effective January 1, 2023; 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 fossil fuels; and WHEREAS, the City Council of the City of Rancho Palos Verdes desires to adopt an ordinance to comply with the requirements of California Government Code Sections 65850.7 and 65850.71. NOW, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Chapter 15.44 (Electric Vehicle Charging Stations) of Title 15 (Buildings and Constructions) of the Rancho Palos Verdes Municipal Code is hereby added to read: 15.44.010 Electric Vehicle Charging Stations A. Purpose and Intent. The purpose of this section is to promote and111 encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section is also intended to comply with California Government Code Sections 65850.7 and 65850.71, including successor statutes and amendments thereto. B. Definitions. The following words and terms as used in this section shall mean: "Building official" shall mean the Building Official for the City of Rancho Palos Verdes and shall include their designee. "Electronic submittal" shall include submittal of a document or application including but not limited to by one of the following methods: 1. Electronic mail or email. 2. The internet. 3. Facsimile. "Electric vehicle charging station" or"charging station" means any level of electric vehicle supply equipment station designed and built in compliance with Article 625 of the California Electrical Code, including any amendment or successor statute thereto, and which delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. Electric vehicle charging stations and electric vehicle charging supply equipment shall refer to equipment including, but not limited to, the following: conductors (including ungrounded, grounded, and equipment grounding conductors), electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. "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 a city, county, or city and county on another similarly situated application in a prior successful application for a permit. "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. C. Expedited electric vehicle charging station permitting. Electric Vehicle Charging Stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, including any amendment or successor statute thereto, shall be subject to the procedures set forth in this section. D. Expedited Review Process. Consistent with Government Code Section 65850.7, including any amendment or successor statute thereto, the building official shall Ordinance No. 664 Page 2 of 5 implement an expedited permit review 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 City's adopted checklist will be published on the City's publicly accessible website. E. Electric Vehicle Charging Stations Permit Application and Processing. 1. All electric vehicle charging stations shall be subject to the following standards: a. An electric vehicle charging station 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 regarding safety and reliability. Electric vehicle charging station systems and equipment shall also conform to all applicable provisions and requirements of the California Building Code. b. The installation of electric vehicle charging station systems, and equipment shall be in accordance with the City's adopted electric vehicle charging station checklist established by the building official. c. All electric vehicle charging stations shall be installed only after approval by the building official and only after issuance of the necessary building permit and any and all other permits required by the City relating to the plumbing, electrical, and mechanical characteristics of the system. 2. Upon installation of an electric vehicle charging station, the applicant shall be responsible for obtaining authorization and approval to connect the electric vehicle charging station to the local utility provider's electrical grid. In the event the City owns or operates an electric utility into which connection is proposed by the applicant, the application shall demonstrate compliance with the City's utility interconnection policies prior to approval. 3. The building official shall condition the permit as deemed necessary in order to mitigate or avoid specific, adverse impacts of the charging station. 4. Consistent with Government Code Section 65850.7, including any amendments or successor statutes thereto, 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. Section 3. The City Council finds that the adoption of this ordinance is exempt from havingto comply with the requirements of CEQA, pursuant to CEQA Guidelines pY q Section 15061(b)(3) which states: "CEQA only applies to project which have the potential for causing a significant effect on the environment. Where it can be seen with certainty Ordinance No. 664 Page 3of5 that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." There is no possibility the City's activity in adopting this ordinance, as mandated by the State, will have a significant, adverse, effect on the environment. Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, 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 remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every 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 5. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes. Section 6. Effective Date. This Ordinance shall go into effect at 12:01AM on the 31st day after its passage. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Rancho Palos Verdes, California, on this 4th day of October 2022. eqPil David L. Bradley, May. ATTEST: t/taitAti/ esa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 664 passed first reading on September 20, 2022, was duly adopted by the Ordinance No. 664 Page 4 of 5 City Council of said City at a regular meeting thereof held on October 4, 2022, and that the same was passed and adopted by the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro and Mayor Bradley NOES: None ABSENT: None ABSTAIN: None <1/4.iiefit etelL,......., Teresa Takaoka, City Clerk I I Ordinance No. 664 Page 5 of 5 a•kf: r - "Z41 ♦J} yiVl:, 'i: 1V, -v1:1 CrTY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of 0 the City of Rancho Palos Verdes; That on October 4, 2022, she caused to be posted the following document entitled: ORDINANCE NO. 664, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 15.44 (ELECTRIC VEHICLE CHARGING STATIONS) TO TITLE 15 (BUILDINGS AND CONSTRUCTION) SETTING PROCEDURES FOR THE STREAMLINE REVIEW AND PERMITTING OF ELECTRIC VEHICLE CHARGING SYSTEMS (CASE NO. PLCA2022-0007), a copy of which is attached hereto, in the following locations: City Hall Abalone Cove Shoreline Park 30940 Hawthorne Blvd. 5970 Palos Verdes Drive South Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. ity Clerk