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HomeMy WebLinkAboutAGENDA REPORT 2017 0920 CCSA REG ITEM 09C ITEM 9.C. air OF MOORPARK,CALIFORNIA Cites Council Meeting 9 a0_a0i� ACTIO • MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Community Development Director ' l DATE: September 8, 2017 (CC Meeting of 9/20/2017) SUBJECT: Consider Ordinance Amending Chapter 15.21 — Small Residential Rooftop Solar Energy Systems, of Title 15, Buildings and Construction, of the Moorpark Municipal Code, to Address Electric Vehicle Charging Stations, and Determination that the Creation of an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations is Exempt from the Provisions of the California Environmental Quality Act BACKGROUND Assembly Bill (AB) 1236 (2015) requires local governments to adopt ordinances implementing an expedited, nondiscretionary permitting process for electric vehicle charging stations. The intent of the legislation is that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. The purpose of the legislation is to further State policy of promoting and encouraging the installation and use of electric vehicle charging stations by limiting obstacles to their use, and minimizing the permitting costs of such systems. The legislation requires cities with a population under 200,000 to adopt such an ordinance by September 30 of this year. DISCUSSION Under AB 1236, each city must adopt a checklist of building permit application requirements. The checklist should be based on the most current version of the "Plug- In Electric Vehicle Infrastructure Permitting Checklist" found in the Office of Planning and Research's "Zero-Emission Vehicles in California: Community Readiness Guidebook." Cities may, however, modify this checklist due to unique climactic, geological, seismological, or topographical conditions. A permit application that meets all the requirements of a city's adopted checklist shall be deemed complete, and shall 176 Honorable City Council September 20, 2017 Page 2 be reviewed by the city's building official. Staff is currently working on finalizing the checklist. Also under the legislation, the building official may only deny a building permit application upon a finding that the proposed charging station could have a specific, adverse impact upon the public health or safety. If such a finding is made, an applicant must apply to the building official for a use permit in order to install the proposed charging station. The building official may only deny such an application upon a finding that the proposed station's adverse impacts on public health and safety cannot feasibly be mitigated or avoided. The building official may only consider health and safety issues in reviewing use permit applications for electric vehicle charging stations, and is not afforded the broad discretion that cities typically enjoy over conditional use permits, and other discretionary permit applications. To distinguish use permits governed by AB 1236 from other, more discretionary types of permits, they are referred to as "electric vehicle charging station use permits" in the draft ordinance. AB 1236 provides that a building official's decisions on building and use permits for electric vehicle charging stations may be appealed to a city's planning commission. Currently, the City's contract Building and Safety staff reviews electric vehicle charging station applications over the counter and issues permits administratively on the same day, usually within minutes, since most installers are aware of the required information and come to the counter prepared. With the new permitting software that is being prepared for Building and Safety, some permit applications might be submitted electronically, although in the City's experience with small residential rooftop solar system permit applications, which can be submitted electronically, most installers have preferred to obtain their permits over the counter due to the short amount of time needed. It is not expected that the appeal process under AB 1236 would be used much, if at all, since the building official limits the review of these applications to compliance with building code requirements. However, State law requires cities to have an appeal process in their ordinance. AB 1236 was written using very similar language and requiring a very similar expedited process for electric vehicle charging station permits as was done by AB 2188 (2014) for small residential rooftop solar energy systems. The attached draft ordinance would amend Chapter 15.21 to the Moorpark Municipal Code by including electric vehicle charging stations in the expedited process established for small residential rooftop solar energy systems. Reference is made to State law wherever possible so that any changes to State law would not necessarily require changes to the Municipal Code. This draft ordinance has been reviewed and approved as to form by the City Attorney's Office. 177 Honorable City Council September 20, 2017 Page 3 ENVIRONMENTAL DETERMINATION This ordinance, which creates an expedited, streamlined permitting process for electric vehicle charging stations, is exempt from the provisions of the California Environmental Quality Act (CEQA), in that the action of the City Council does not involve the consideration of the approval of a project. FISCAL IMPACT None. STAFF RECOMMENDATION Introduce Ordinance No. for first reading, waive full reading, and direct staff to schedule a public hearing and second reading and adoption of this ordinance for October 4, 2017. Attachment: Ordinance No. 178 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 15.21 — SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS, OF TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE MOORPARK MUNICIPAL CODE, TO ADDRESS ELECTRIC VEHICLE CHARGING STATIONS, AND DETERMINATION THAT THE CREATION OF AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Subsection (a) of Section 65850.7 of the California Government Code provides that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern; and WHEREAS, Subdivision (g)(1) of Section 65850.7 of the California Government Code provides that, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents shall adopt an ordinance, consistent with the goals and intent of Section 65850.7, that creates an expedited, streamlined permitting process for electric vehicle charging stations. WHEREAS, the Community Development Director has determined that the creation of an expedited, streamlined permitting process for electric vehicle charging stations is exempt from the provisions of the California Environmental Quality Act (CEQA), in that the action of the City Council does not involve the consideration of the approval of a project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs with the Community Development Director's determination that the creation of an expedited, streamlined permitting process for electric vehicle charging stations is exempt from the provisions of the California Environmental Quality Act (CEQA), in that the action of the City Council does not involve the consideration of the approval of a project. SECTION 2. Chapter 15.21 — Small Residential Rooftop Solar Energy Systems, of Title 15, Buildings and Construction, of the Moorpark Municipal Code, is amended to address Electric Vehicle Charging Stations as shown in Exhibit A, attached hereto and incorporated herein. 179 Ordinance No. Page 2 SECTION 3 . If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this th day of , 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A: Amendments to Chapter 15.21 180 Ordinance No. Page 3 EXHIBIT A Chapter 15.21 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS AND ELECTRIC VEHICLE CHARGING STATIONS Sections: 15.21.010 Purpose. 15.21.020 Definitions. 15.21.030 Applicability. 15.21.040 General requirements. 15.21.050 Permit application submittal and review. 15.21.060 Inspections. 15.21.010 Purpose. The purpose of this chapter is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems and electric vehicle charging stations in compliance with Sections 65850.5 and 65850.7 of the California Government Code. 15.21.020 Definitions. The following words and phrases as used in this chapter are defined as follows: "Electric vehicle charging station" or "charging station" shall have the same meaning as provided in Government Code Section 65850.7(i)(3), as the same may be amended from time to time. "Electronic submittal" means the utilization of one or more of the following: 1. e-mail, 2. the internet, 3. facsimile. "Small residential rooftop solar energy system" shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(j)(3), as the same may be amended from time to time. "Solar energy system" has the same meaning as set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as the same may be amended from time to time. 15.21.030 Applicability. A. —This Chapter applies to the permitting of solar energy systems including small residential rooftop solar energy systems, and electric vehicle charging stations in the City. 181 Ordinance No. Page 4 B. Small residential rooftop solar energy systems legally established or permitted prior to October 15, 2015 -- - • - - e- - e - _ •- e - are not subject to the requirements herein unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like- kind replacements shall not require a permit. C. Electric vehicle charging stations legally established or permitted prior to November 3, 2017 are not subject to the requirements herein 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 shall not require a permit. 15.21.040 General requirements. A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the city and the local fire department. B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. D. All 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 regarding safety and reliability. 15.21.050 Permit application submittal and review. A. The building official shall develop and implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems and electric vehicle charging stations; and develop and adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems and electric vehicle charging stations shall comply to be eligible for expedited review. B. The small residential rooftop solar energy system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited 182 Ordinance No. Page 5 permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. C. 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 Governor's Office of Planning and Research. GD. All documents required for the submission of a small residential rooftop solar energy system application and electric vehicle charging station application shall be made available on the city's publicly accessible website. DE. The building official shall ensure that electronic submittal of the required permit application and associated documentation shall be made available to all small residential rooftop solar energy system and electric vehicle charging station applicants. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. EF. The building official shall deem complete an application for a small residential rooftop solar energy system or an electric vehicle charging station that satisfies the information requirements in the standard plan(s) and checklist(s). G. If the building official deems the application incomplete, the building official shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information or documentation required so the application may be eligible for expedited permit issuance. GH. The building official shall issue a building permit on the same day for over the counter applications or within one to three business days for electronic applications or in either case as soon thereafter as may be practicable upon receipt of a complete application that meets the requirements of the approved checklist and standard plan and if the small residential rooftop solar energy system or electric vehicle charging station would not have any specific, adverse impact upon the public health or safety. I. If the building official finds, based on substantial evidence, that a proposed small residential rooftop solar energy system or an electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the building official may require the applicant to apply for a small residential rooftop solar energy system or an electric vehicle charging station use permit. 183 Ordinance No. Page 6 J. An application for a small residential rooftop solar energy system or an electric vehicle charging station use permit shall be reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed small residential rooftop solar energy system or an electric vehicle charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of a small residential rooftop solar energy system or an electric vehicle charging station use permit application shall include the building official's basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code Sections 65850.5 and 65850.7, the building official's review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety may not be considered. K. A decision of the building official made pursuant to subsections H-J of this section may be appealed to the planning commission. The planning commission's review shall also be limited to health and safety issues. L. Any condition imposed on an application for an expedited building permit or use permit pursuant to this chapter shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. 15.20.060 Inspections. Only one inspection shall be required and performed by the building official for small residential rooftop solar energy systems and electric vehicle charging stations eligible for expedited review. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within one to two business days of a request. If a small residential rooftop solar energy system or electric vehicle charging station fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter. - END - 1 8 4