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Ord 2261 - Amend Chapter 6 establishing an expedited, streamlined permitting process for electrical vehicle charging stationsORDINANCE 2261 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 6 OF THE TOWN CODE ESTABLISHING AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRICAL VEHICLE CHARGING STATIONS WHEREAS, the State of California adopted Assembly Bill 1236 on October 08, 2015, which requires local agencies with less than 200,000 residents to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems by September 30, 2017; 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 Town's reliance on environmentally damaging fossil fuels; and, WHEREAS, the proposed code amendments are consistent with Assembly Bill 1236 codified in Government Code Section 65850.7. NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Town Code Chapter 6 is hereby amended to read as follows: Article XVI. Permitting Process for Electric Vehicle Charging Stations 6.160.010 - Purpose 6.160.020 - Definitions 6.160.030 - Expedited Permitting Process 6.160.040 - Permit Application Processing 6.160.050 -Technical Review 6.160.060 - Electric Vehicle Charging Station Installation Requirements Sec. 6.160.010 Purpose. Iof6 Ordinance 2261 September 19, 2017 The purpose of this Ordinance 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 Ordinance is also purposed to comply with California Government Code Section 65850.7. Sec. 6.160.020 Definitions. For the purposes of this Ordinance, the following words and phrases shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise: 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, as it reads on the effective date of this Chapter, 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. Electronic submittal means the utilization of one or more of the following: a. Electronic mail or email. b. The internet. c. Facsimile. Sec. 6.160.030 Expedited permitting process. Consistent with Government Code Section 65850.7, 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 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 2of6 Ordinance 2261 September 19, 2017 Research. The Town's adopted checklist shall be published on the Town's website. Sec. 6.160.040 Permit application processing. (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; areas of charging station equipment; and vehicle parking. (b) A permit application that satisfies the information requirements in the Town's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the Town's 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, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the Town. 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. (c) Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentation. 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. Sec. 6.160.050 Technical review. (a) It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official's authority to address higher priority life- safety 3of6 Ordinance 2261 September 19, 2017 situations. 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, as defined in this Chapter, the Town may require the applicant to apply for a discretionary permit. (b) In the technical review of a charging station, consistent with Government Code Section 65850.7, 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. Sec. 6.160.060 Electric vehicle charging station installation requirements. (a) Electric vehicle charging station equipment shall meet the requirements of 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 or a Municipal 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. (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. 4of6 Ordinance 2261 September 19, 2017 SECTION II With respect to compliance with the California Environmental Quality Act (CEQA), the Town Council finds as follows: This Ordinance is not subject to review under CEQA pursuant to Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed amendment to the Town Code would have significant impact on the environment. SECTION III Any provision of the Town of Los Gatos Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION IV If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council hereby declares that it would have passed this Ordinance, and each and every Section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 5of6 Ordinance 2261 September 19, 2017 SECTION V This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 5th day of September 2017, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on the 19th day of September 2017, and becomes effective 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Barbara Spector, Mayor Marico Sayoc NAYS: None. ABSENT: None. ABSTAIN: None. SIGNED: MAYOR OF TH OF LOS GATOS LOS GATOS, CALIFORNIA DATE: - a� -1`7 ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 6of6 Ordinance 2261 September 19, 2017