CC SR 20220920 04 - EV Charging Ordinance
CITY COUNCIL MEETING DATE: 09/20/2022
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to introduce an ordinance amending Title 15 (Buildings
and Construction) of the Rancho Palos Verdes Municipal Code to add Chapter 15.44
(Electrical Vehicle Charging Stations) setting procedures for electric vehicle charging
systems.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. ___, 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)
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Krista Yost, Assistant Planner
REVIEWED BY: Ken Rukavina PE, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. ___ (page A-1)
BACKGROUND:
On October 8, 2015, the State of California adopted Assembly Bill No. 1236 (AB 1236),
adding Section 65850.7 to the Government Code, declaring that the timely and cost-
effective installation of electric vehicle (EV) charging stations is a matter of statewide
concern. AB 1236 requires local agencies to adopt an ordinance that creates an
expedited and streamlined permitting process for EV charging stations. Specifically, AB
1236 requires, among other things, that a city: 1) administratively approve EV charging
station applications that satisfy submittal requirements in an adopted checklist; 2) publish
the checklist on the city’s website; and 3) accept electronic application submittals and
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electronic signatures.
On October 8, 2021, the State of California adopted Assembly Bill No. 970 (AB 970),
which updated the requirements set forth in Government Code Section 65850.7 and
added Government Code Section 65850.71 specifying the processing and approval
timelines of EV charging station applications based on the number of charging stations
proposed with a given permit application. Specifically, AB 970 expedites local government
permit approval for EV charging stations by automatically deeming the permit approved
if a local government official takes no action after specified periods, including 5 to 10
business days to deem an application complete for processing or 20 to 40 business days
to approve a requested application.
The City of Rancho Palos Verdes has promoted and encouraged the use of electric
vehicles by offering a streamlined approach to obtain the appropriate permits, including
electronic plan submittal and review of EV charging station applications, as well as
providing for administrative approval of such applications. Further, the City reduces costs
for related permit fees pursuant to Land Use and Transportation Strategy (LUT) A3 of the
City of Rancho Palos Verdes Emission Reduction Action Plan; the City provides a 50%
permit fee reduction. However, pursuant to AB 1236 and AB 970, local agencies with a
population of less than 200,000 residents, such as the City of Rancho Palos Verdes, are
required to adopt an ordinance codifying provisions of the two bills by January 1, 2023.
As such, tonight, Staff is presenting proposed code amendments to the City Council for
first reading (Attachment A).
DISCUSSION:
The proposed ordinance for the City Council’s consideration complies with AB 1236 and
AB 970, and by encouraging electric vehicle use, it furthers the goals, policies, and
implementation actions of the City’s General Plan and Emissions Reduction Action Plan
by reducing the City’s reliance on fossil fuels and its carbon footprint. Finally, the proposed
ordinance will benefit the public by providing clear guidelines for the efficient and timely
installation of EV charging stations while promoting public health and safety and
preventing specific adverse impacts in the installation and use of such charging stations.
If the City Council introduces the proposed ordinance outlined in this report (Attachment
A), the second reading of the ordinance is tentatively scheduled for City Council
consideration on October 4, 2022. If adopted, the ordinance would go into effect 30 days
after the second reading.
Proposed Ordinance
The proposed ordinance would add Chapter 15.44 (Electric Vehicle Charging Stations)
to Title 15 (Buildings and Construction) of the RPVMC, establishing provisions for EV
charging stations including, but not limited to, clarifying definitions, streamlined review
and permitting requirements, standards for EV charging stations as well as proceedings
for the denial and appeal of EV charging station applications.
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Below is summary of the key components of the proposed code amendments:
Definitions
The proposed ordinance includes clarifying definitions for words and phrases used in
Chapter 15.44 of the RPVMC including, but not limited to, “electric vehicle charging
station,” “feasible method to satisfactorily mitigate or avoid the specific, adverse impact ,”
and “specific, adverse impact.” These definitions are in compliance with the definitions
set forth in Government Code Section 65850.7.
Streamlined Review and Permit Requirements
In accordance with Government Code Section 65850.7, the proposed ordinance requires
the City’s Building Official to implement an expedited permit review process for EV
charging stations and adopt a checklist of objective requirements for the installation of EV
charging stations. This will assist applicants in obtaining all the information necessary to
be eligible for expedited review. In addition, the adopted checklist is required to be
published on the City’s website.
EV Charging Station Standards and Procedures
The proposed ordinance includes objective standards for the development of EV charging
stations, including, but not limited to, compliance with safety and performance standards
established by state codes and national associations to ensure that public health and
safety are protected. The proposed ordinance also requires applicants for EV charging
stations to obtain authorization and approval to connect to the local utility provider’s
electrical grid.
Environmental Assessment
The adoption of the proposed ordinance is exempt from environmental review under the
California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the
“common sense exemption,” because it can be seen with certainty that it will not have a
significant, adverse, effect on the environment. Specifically, the proposed code
amendments intend to clarify existing code provisions and/or review and permitting
processes to ensure the streamlined approval of EV charging stations throughout the City.
CONCLUSION:
Staff therefore recommends the City Council introduce Ordinance No. ___ establishing
provisions for an expedited, streamlined permitting process for electric vehicle charging
stations.
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ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Identify specific changes to the proposed ordinance and continue the
consideration of this ordinance for reintroduction at a future meeting, or read
proposed text amendments into the record.
2. Take no action on the proposed ordinance at this time.
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ORDINANCE NO. ___
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
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:
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Ordinance No. ___
Page 2 of 5
15.44.010 Electric Vehicle Charging Stations
A. Purpose and Intent. The purpose of this section 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
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 follow ing: 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
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Ordinance No. ___
Page 3 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 having to comply with the requirements of CEQA, pursuant to CEQA Guidelines
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
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Ordinance No. ___
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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.
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Ordinance No. ___
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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.
David L. Bradley, Mayor
ATTEST:
Teresa 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 above Ordinance No. __, was introduced by the City Council of said City at a regular
meeting thereof held on September 20, 2022, and that the same was passed and adopted
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Teresa Takaoka, City Clerk
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