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HomeMy WebLinkAboutORD 1505 ORDINANCE NO. 1505 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING TITLE XV OF THE MUNICIPAL CODE BY ADDING CHAPTER 157 TITLED "PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING AND HYDROGEN-FUELING STATIONS." WHEREAS, the City of Baldwin Park, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, by the passage of Assembly Bill No. 1236 ("AB 1236") in 2015, Assembly Bill No. 970 ("AB 970") in 2021, and Assembly Bill No. 1291 ("AB 1291") in 2022, the State Legislature amended Section 65850.7 of the California Government Code to require every city, county, or city and county with a population less 200,000 residents to adopt an ordinance that creates an expedited, streamlined permitting process for "electric vehicle charging and hydrogen-fueling stations"; and WHEREAS, AB 1236, AB 970, and AB 1291 also requirecityand county to q every administrativelyapprove electric vehicle charging and hydrogen-fueling stations ermits pp 9 9 p in an expedited and timely manner, and it prohibits a city and county from denying an application for use permit unless it makes certain written findings; and WHEREAS, the Baldwin Park City Council ("City Council") desires to enact this ordinance for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of electric vehicle charging and hydrogen- fueling stations and by requiring a permit and inspection for installation, alteration, and replacement of said equipment; and WHEREAS, pursuant to CEQA and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the Baldwin Park City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the Title 14 of the California Code of Regulations because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project; and WHEREAS, the Baldwin Park City Council determines that this ordinance is a valid exercise of the local power and in accord with the goals and intent of AB 1236, AB 970, and AB 1291 and the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Ordinance. SECTION 2. The City Council hereby amends TITLE XV of the Baldwin Park Municipal Code by adding Chapter 157 titled "Permit Process for Electric Vehicle Charging and Hydrogen-fueling Stations" to read as set forth in Exhibit A, which is incorporated herein by this reference. SECTION 3. Environmental Review. The Ordinance is exempt from additional review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures in compliance with recently-enacted State law; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the Ordinance does not constitute a "project" that requires environmental review (see specifically CEQA Guidelines § 15378(b)(2, 5). In addition, because the Ordinance is proposed, in part, for protection of the environment, it is exempt from further review under CEQA Guidelines § 15308. SECTION 4. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 5. Enforceability. Repeal or supersession of any provision of the Baldwin Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed or superseded part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Baldwin Park Municipal Code or other ordinance by this Ordinance will be rendered void and cause such previous Baldwin Park Municipal Code provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Baldwin Park's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 9. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. SECTION 10. The City Clerk shall cause this ordinance to be published and/or posted in accordance with state law and shall certify the adoption of this ordinance and shall place this ordinance in the original book of ordinances on file in the City Clerk's Office. I hereby certify that Ordinance No. 1505 was PASSED, APPROVED, AND ADOPTED by the City Council of the City of Baldwin Park on the 2nd day of August, 2023. CITY OF BALDWIN PARK EMMANUEL L •T' A DA MAYOR ATTEST: C-,‘--- CHRISTOPHER SAENZ, CITY CLERK APPROVED AS TO FORM: MARTA ' ) MARTINEk, CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK I, CHRISTOPHER SAENZ, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1505 was introduced at a regular meeting of the City Council held on July 19, 2023, and was adopted by the City Council at its regular meeting held on August 2, 2023, by the following vote of the Council: AYES: COUNCIL MEMBERS: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA NOES: COUNCIL MEMBERS: N/A ABSENT: COUNCIL MEMBERS: N/A ABSTAIN: COUNCIL MEMBERS: N/A CHRISTOPHER SAENZ CITY CLERK Exhibit A to Ordinance No. 1505 "CHAPTER 157: PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN-FUELING STATIONS" 157 Title 157.01 Title 157.02 Purpose. 157.03 Definitions. 157.04 Applicability. 157.05 Electric Vehicle Charging Station Requirements. 157.06 Application and Documents. 157.07 Permit Review Requirements; Appeals. 157.08 Fees. 157.01 Title The ordinance codified in this article shall be known and designated as the "Electric Vehicle Charging and Hydrogen-Fueling Stations Permits" ordinance. 157.02 Purpose. This Chapter is adopted to provide an expedited,streamlined permitting process for electric vehicle charging and hydrogen-fueling stations that will encourage the timely and cost- effective installations of electric vehicle charging and hydrogen-fueling stations. This Chapter is intended to achieve these goals while promoting public health and safety in a manner consistent with California Government Code § 65850.7. 157.03 Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Chapter: "Building Official" or"Official" means the City's Building Official or designee. "Charging Station(s)" means Electric Vehicle Charging Station(s) or Hydrogen-Fueling Station(s) "Electric Vehicle Charging Station(s)"means an electric vehicle supply equipment station, of any level, that delivers electricity from a source outside an electric vehicle into a plug- in electric vehicle and is designed and built in compliance with 24 California Code of Regulations §§ 625.1, et seq., as it reads on the effective date of this Chapter, or as it may be subsequently amended. "Electronic submittal" means the utilization of one or more of the following: (A) Email. (B) The internet. (C) Facsimile. "Nonconforming Charging Station(s)" means any Charging Station that was lawfully established and in compliance with all applicable laws at the time it was installed, but which, due to enactment of this Chapter, no longer complies with all the applicable regulations and standards of the zone in which the property is located. "Hydrogen-Fueling Station(s)" means the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public. "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 City found the Electric Vehicle Charging Station or Hydrogen-Fueling Station application complete. 157.04 Applicability. A. This Chapter applies to the permitting of all Charging Stations in the City, except for Charging Stations located on publicly owned property, B. Unless modified after the effective date of this Chapter, Nonconforming Charging Station(s) are exempt from this Chapter. Routine operation and maintenance, or like- kind replacements, do not require a permit. 157.05 Charging Stations Requirements. A. All Electric Vehicle Charging Stations and Hydrogen-Fueling Stations must meet all applicable health and safety standards and requirements, as set forth in federal, state, county, and municipal codes and regulations. B. Specific Requirements for Electric Vehicle Charging Stations (1) Electric Vehicle Charging Stations must meet all applicable safety and performance standards established by applicable law including, without limitation, 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. (2) 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. (3) 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. (4) 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. C. Specific Requirements for Hydrogen Fueling Stations (1) A Hydrogen-Fueling Station shall meet all of the following, as applicable: (i) Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories. (ii) Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures. (iii) Guidance established by the Governor's Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook. (2) Location. For the purposes of qualifying for the streamlined permitted process provided in this Chapter, a Hydrogen Fueling Station must be on a parcel that satisfies either of the following: (i) the parcel is zoned for industrial or commercial development and does not contain any residential units or (ii)the parcel was previously developed with a service station. For the purposes of this subsection,"service station"means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public. D. All parking spaces associated with Electric Vehicle Charging Station(s)and Hydrogen- Fueling Station(s)must meet all applicable standards, including without limitation,any and all parking space standards adopted by the City of Baldwin Park and the California Building Code. 157.06 Application and Documents. A. All documents required for the submission of a Charging Station application will be made available on the City's website and at City Hall. B. Applicants may submit the required permit application and documents by submitting them either via electronic submittal or by delivering them to the Building and Safety Division of the Community Development Department. An applicant's electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature. C. The Building Official,or designee,will adopt a checklist of all requirements with which the Charging Stations must comply to be eligible for expedited review. The electric g g py g P vehicle permit process, standard(s) and checklist(s) may refer to the recommendations contained in the most current version of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Office of Planning and Research, including the checklist and standards contained in the "Plug-In Electric Vehicle Infrastructure Permitting Checklist." The City's adopted checklist shall be published on the City's website. D. If an application is submitted to the City and the Building Official deems the application 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 must be sent to the applicant for resubmission. The correction notice must be sent as follows: (1) Five business days after submission of the application to the city, county, or city and county, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. (2) Ten business days after submission of the application to the city,county, or city and county, if the application is for more than 25 electric vehicle charging stations at a single site. F. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed pursuant to this Chapter. A completed application does not authorize an applicant to energize or utilize a Charging Station until approval and all necessary permits are granted by the City. 157.07 Permit Review Requirements; Appeals. A. Review of an Electric Vehicle Charging Station or Hydrogen-Fueling Station Permit application is limited to whether the application meets local, state, and federal health and safety requirements. If the application meets the requirements of the approved checklist and standards,and the proposed Charging Station does not pose any specific, adverse impact upon public health or safety, the Building Official must approve the application. B. If the Building Official determines, based on the application, that the proposed Charging Station could have a specific, adverse impact upon the public health and safety, the Building Official may require an "Electric Vehicle Charging Station Use Permit" or a "Hydrogen-Fueling Station Use Permit." The permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. C. The Building Official must notify an applicant whether the application has been approved, or, alternatively, whether the applicant must obtain an Electric Vehicle Charging Station Use Permit or a"Hydrogen-Fueling Station Use Permit", within 30 days after the submission of a complete application. Notwithstanding the expedited permit processing set forth in this Chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations. D. An application for an"Electric Vehicle Charging Station Use Permit"or a"Hydrogen- Fueling Station Use Permit" can only be denied if the Building Official finds that (1) the proposed installation would have a specific, adverse impact upon public health or safety, and (2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact. These findings must be presented in writing, must include the basis for the rejection of the potential feasible alternative for preventing the adverse impact, and must be based upon substantial evidence in the record. E. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact may include, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on a prior successful application for an Electric Vehicle Charging Station Use Permit or a"Hydrogen-Fueling Station Use Permit", where the proposed Charging Station is similarly situated to the Charging Station in that prior successful application. F. Any decision by the Building Official or his/her designee made pursuant to this Chapter may be appealed to the Planning Commission in accordance with the procedure set forth in Title XV, Chapter 153, Section 153.200.080 of this Code. 157.08 Fees. The City Council may establish by resolution the fees for permits issued under this Chapter."