HomeMy WebLinkAboutORD NO. 22-1450 (EV CHARGING STATIONS)Page 1 of 6 #22-1450
CITY OF HERMOSA BEACH
ORDINANCE NO. 22-1450
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH ADDING CHAPTER 15.40 TO TITLE 15 OF THE HERMOSA BEACH
MUNICIPAL CODE RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS
FOR ELECTRIC VEHICLE CHARGING STATIONS
The City Council of the City of Hermosa Beach does hereby ordain as follows:
Section 1: Findings
A. The State of California has adopted Assembly Bill 1236 (Chapter 598,
Statutes of 2015), which requires every city with a population of less than
200,000 residents to adopt an ordinance that creates an expedited and
streamlined permitting process for electric vehicle charging stations on or
before September 30, 2017.
B. AB 970 (Chapter 710, Statutes of 2021) requires, beginning January 1, 2023,
such permitting applications to be deemed complete, and subsequently
deemed approved, at a certain point after submission if the City of
Hermosa Beach (“City”) has not taken certain specified actions with
respect to the applications.
C. The 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 environmentally
damaging fossil fuels.
D. The City wishes to amend the Hermosa Beach Municipal Code to meet
these State law requirements and to facilitate convenient charging of
electric vehicles.
Section 2: Chapter 15.40 is hereby added to Title 15 of the Hermosa Beach Municipal
Code to read in full as follows:
“Chapter 15.40 ELECTRIC VEHICLE CHARGING SYSTEMS; STREAMLINED
PERMITTING.”
Sections:
15.40.010 Purpose
15.40.020 Definitions
15.40.030 Electrical Vehicle Charging Station Requirements
15.40.040 Expedited Permitting Process
15.40.050 Permit Application Process
15.40.060 Permit Review; Timing
15.40.010 – Purpose
The purpose of this section is to create an expedited and streamlined electric
vehicle charging station permitting process that complies with Government Code
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sections 65850.7 and 65850.71 to achieve the timely and cost-effective installation of
electric vehicle charging stations. Pursuant to Government Code section 65850.7 and
notwithstanding any other provision of this code pertaining to conditional or accessory
uses, only an electrical permit shall be required for an electric vehicle charging station.
15.40.020 – Definitions
A. “A 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 the City on another similarly situated application in a prior successful
application for a permit.
B. “Building Official” means the chief building official of the City or his or her
designee.
C. “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, and any subsequent amendments thereto,
and delivers electricity from a source outside an electric vehicle into a plug-in electric
vehicle.
D. “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.
E. “Electronic submittal” means the utilization of one or more of the
following:
a. Email
b. The Internet
c. Facsimile
15.40.030 – Electrical Vehicle Charging Station Requirements
A. The electric vehicle charging station shall meet the 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 rules of the Public
Utilities Commission and the local 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
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Code as applicable per occupancy, and the provisions of the manufacturer’s installation
instructions. Mounting of charging stations shall not adversely affect building elements.
15.40.040 – 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 with 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 Research. The City’s
adopted checklist shall be published on the City’s website.
15.40.050 – Permit Application Process
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; and areas of charging station equipment
and vehicle parking.
B. A permit application that satisfies the information requirements in the City’s
adopted checklist shall be deemed complete and be promptly processed. A completed
application does not authorize an applicant to energize or utilize the electric vehicle
charging station until approval and all necessary permits are granted by the City.
C. 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.
D. The Building Official shall allow for electronic submittal of permit
applications covered by this chapter and associated supporting documentations. 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.
15.40.060 – Permit Review
A. The Building Official shall review all electric vehicle charging station
applications. 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.
B. 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, the City may require the applicant to apply for a conditional use
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permit. The Building Official’s decision may be appealed by the applicant to the Planning
Commission.
C. An application for a conditional use permit to install an electric vehicle
charging station shall not be denied unless the Planning Commission makes written
findings based upon substantial evidence in the record that the proposed installation
would have a specific, adverse impact upon the public health or safety, and there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The
findings shall include the basis for the rejection of potential feasible alternatives. If denied,
the Planning Commission’s decision may be appealed by the applicant to the City
Council pursuant to the procedures set for in Section 17.62.010.
D. In the technical review of a charging station application, the Building
Official shall not condition the approval of 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.
E. Upon confirmation by the Building Official that the permit application and
supporting documents meet the requirements of the City 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, as may be amended, approve
the application and issue all necessary permits.
F. An application to install an electric vehicle charging station submitted to
the building official of the City shall be deemed complete if, after the applicable time
period has elapsed, both of the following are true:
a. The Building Official has not deemed the application complete,
consistent with the checklist created by the City pursuant to Government Code
section 65850.7(g).
b. The Building Official has not issued a written correction notice
detailing all deficiencies in the application and identifying any additional
information explicitly necessary for the Building Official to complete a review
limited to whether the electric vehicle charging station meets all health and safety
requirements of local, state, and federal law, consistent with subdivisions (b) and
(g) of Government Code section 65850.7.
G. For purposes of paragraph (F), “applicable time period” means either of
the following:
a. Five business days after submission of the application to the City if
the application is for at least 1, but not more than 25 electric vehicle charging
stations at a single site.
b. Ten business days after submission of the application to the City if the
application is for more than 25 electric vehicle charging stations at a single site.
H. An application to install an electric vehicle charging station shall be
deemed approved if the applicable time period described in paragraph (G) has
elapsed and all of the following are true:
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a. The Building Official has not administratively approved the
application pursuant to Government Code section 65850.7(b).
b. The Building Official has not made a finding, based on substantial
evidence, that the electric vehicle charging station could have a specific adverse
impact upon the public health or safety or required the applicant to apply for a
use permit pursuant to Government Code section 65850.7(b).
c. The Building Official has not denied the use permit pursuant to
Government Code section 65850.7(c).
d. An appeal has not been made to the Planning Commission pursuant
to Government Code section 65850.7(d).
I. For purposes of paragraph (H), “applicable time period means” either of
the following:
a. Twenty business days after the application was deemed complete,
if the application is for at least 1, but not more than 25 electric vehicle charging
stations at a single site.
b. Forty business days after the application was deemed complete, if
the application is for more than 25 electric vehicle charging stations at a single
site.
J. If an electric vehicle charging station and any associated equipment
interfere with, reduce, eliminate, or in any way impact the required parking spaces for
existing uses, the City shall reduce the number of required parking spaces for existing uses
by the amount necessary to accommodate the electric vehicle charging station and
any associated equipment.
Section 3. Pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California
Code of Regulations, a streamlined process for electric vehicle charging station permits
is not subject to the California Environment Quality Act.
Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance for any reason is held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each 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. Pursuant to California Government Code section 36937, this ordinance shall
take effect thirty (30) days after its final passage.
Section 6. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and cause it to be published or posted in accordance with California law.
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PASSED, APPROVED and ADOPTED this 28th day of September, 2022
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell,
Armato, and Massey.
NOES: None
ABSTAIN: None
ABSENT: None
____________________________________________________________
Mayor Michael Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Myra Maravilla, MPA, CMC Michael Jenkins
City Clerk City Attorney
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State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
October 05, 2022
Certification of Council Action
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH ADDING CHAPTER 15.40 TO TITLE 15 OF THE HERMOSA
BEACH MUNICIPAL CODE RELATING TO AN EXPEDITED, STREAMLINED
PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
ORDINANCE NO. 22-1450
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the above and foregoing Ordinance No. 22-1450 was duly
approved and adopted by the City Council of said City at its adjourned regular
meeting thereof held via hybrid on the 28th day of September 2022 and passed
by the following vote:
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell,
Armato, and Massey
NOES: None
ABSTAIN: None
ABSENT: None
________________________________
Myra Maravilla, MPA, CMC
City Clerk
DocuSign Envelope ID: 6223A932-B483-47BB-8647-4557448BD2FB