HomeMy WebLinkAboutOrd. 1542-2017City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Zoning Ordinance: ORD 1542 -2017
File Number: 17 -966 Enactment Number: ORD 1542 -2017
AN ORDINANCE ADDING CHAPTER 15.64 TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO COMPLY WITH AB1236
REGARDING ELECTRIC VEHICLE CHARGING STATIONS
REVIEW PROCESSES AND EXPEDITED PERMITTING
PROCEDURES.
WHEREAS, Assembly Bill 1236 (AB 1236) was adopted on October 8, 2015, and adds Section 65850.7
of the California Government Code related to electric vehicle charging stations; and
WHEREAS, Section 65850.7 of the California Government Code states that it is the policy of the State
to promote and encourage the installation and use of electric vehicle charging stations by limiting
obstacles to their use, and by minimizing the permitting costs of such systems; and
WHEREAS, Section 65850.7 also provides that a city shall administratively approve applications to
install electric vehicle charging stations through the issuance of a building permit or similar
nondiscretionary permit; and
WHEREAS, Section 65850.7 also required that every local jurisdiction with a population of 200,000 or
less to adopt an ordinance that creates an expedited, streamlined permitting process for electric vehicle
charging stations; and
WHEREAS, the City of South San Francisco seeks to adopt this ordinance to comply with the
requirements of AB 1236.
NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows:
Section 1. Amendments
Title 15, "Buildings and Construction," of the South San Francisco Municipal Code is hereby amended
by adding Chapter 15.46, "Permit Process for Electric Vehicle Charging Stations," to read as follows:
Chapter 15.64
PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
City of South San Francisco Page 1
File Number: 17 -966 Enactment Number., ORD 1542 -2017
Sections:
Purpose.
Definitions.
15.64.030 Applicability.
15.64.040 Electric vehicle charging station requirements.
15.64.050 Submittal requirements.
15.64.060 Plan review and permit issuance.
15.64.010 Purpose
The purpose of this chapter is to adopt an expedited, streamlined permitting process for electric
vehicle charging stations that complies with AB 1236 (Chapter 598, Statutes 2015, Cal. Gov't Code §
65850.7, as may be amended from time to time) to achieve timely and cost - effective installations of
electric vehicle charging stations. This chapter encourages the use of electric vehicle charging stations by
removing unreasonable barriers, minimizing costs to property owners and the City of South San
Francisco, and expanding the ability of property owners to install electric vehicle charging stations. This
chapter allows the City of South San Francisco to achieve these goals while protecting the public health
and safety.
15.64.020 Definitions.
(a) "Electric vehicle charging station(s)" or "charging station(s)" means any level of electric
vehicle supply equipment station that is designed and built in compliance with California Code of
Regulations, Title 24, Part 3 California Electrical Code, Article 625, as it reads on the effective date of
this chapter or as it may be amended, and delivers electricity from a source outside an electric vehicle
into a plug -in electric vehicle.
(b) "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) "Electronic submittal" means the utilization of one or more of the following:
(1) E -mail;
(2) The Internet; or
(3) Facsimile.
(d) "Building Official" means the City's Chief Building Official or his or her designee.
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File Number: 17 -966
15.64.030 Applicability.
Enactment Number: ORD 1542 -2017
This Ordinance applies to the permitting of all electric vehicle charging stations in the City of
South San Francisco. Electric vehicle charging stations legally established or permitted prior to the
effective date of this Ordinance are not subject to the permitting requirements of this Ordinance unless
physical modifications or alterations are undertaken that materially change the size, type, or components
of the electric vehicle charging station in such a way as to require new permitting. Routine operation and
maintenance shall not require a permit.
15.64.040 Electric vehicle charging stations requirements.
(a) All electric vehicle charging stations shall meet all applicable health and safety standards and
requirements imposed by the State and the City.
(b) 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.
15.64.050 Submittal requirements.
(a) All documents required for the submission of an electric vehicle charging station application
shall be made available on the City's website.
(b) Electronic submittal of the required permit application and documents shall be made
available to all electric vehicle charging station permit applicants. An applicant's electronic signature
shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
(c) The City's Building and Safety Division shall adopt a checklist of all requirements with
which the electric vehicle charging stations shall comply to be eligible for expedited review. The electric
vehicle permit process, standard(s) and checklist(s) may substantially conform to recommendations for
permitting, including the checklist and standards contained in 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.
(d) All fees prescribed for the permitting of electric vehicle charging stations must comply with,
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File Number: 17 -966
Enactment Number: ORD 1542 -2017
Government Code Section 66016, and State Health and Safety Code Section 17951 as set forth in
the fee schedule adopted by resolution of the City Council.
(e) The determination of value or valuation under any of the provisions of this code shall be
made by the Building Official. The value to be used in computing the electric vehicle charging station
permit and plan review shall be the total value of all construction work for which the permit is issued as
well as any other equipment.
15.64.060 Plan review and permit issuance.
(a) The Building Official shall implement an administrative review process to expedite approval
of electric vehicle charging stations. Where the application meets the requirements of the approved
checklist and there are no specific, adverse impacts upon public health or safety, the Building and Safety
Division shall complete the permit approval process, which is nondiscretionary, and issue the permit.
Review of the application for electric vehicle charging stations shall be limited to the Building Official's
review of whether the application meets local, state, and federal health and safety requirements.
(b) The Building Official may require an applicant to apply for an "electric vehicle charging
station use permit" if the building official finds, based on the initial application submittal, that the
electric vehicle charging stations could have a specific, adverse impact upon the public health and safety.
The Building Official's decision may be appealed to the South San Francisco Planning Commission in
accordance with the appeal procedures set forth in Chapter 20.570.
(1) If an electric vehicle charging station use permit is required, the Building Official may
only deny an application for the electric vehicle charging station use permit if the Building Official
makes written findings based upon substantial evidence in the record that the proposed installation
would have a specific, adverse impact upon public health or safety and there is no feasible method to
satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection
of the potential feasible alternative for preventing the adverse impact. The Building Official's decision
may be appealed to the South San Francisco Planning Commission.
(i) If the Building Official issues an electric vehicle charging station use permit, the
permit may include conditions designed to mitigate the specific, adverse impact upon health and safety
at the lowest possible cost.
(ii) 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 an electric vehicle charging
station use permit.
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File Number: 17 -966
Enactment Number: ORD 1542 -2017
(c) If an application is deemed incomplete, a written correction notice detailing all deficiencies in
the application and any additional information or documentation required to be eligible for permit
issuance shall be sent to the applicant for resubmission. A separate fire inspection may be performed by
the City of South San Francisco Fire Department, if required.
SECTION 2. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held
invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or
provision to other persons or circumstances shall not be affected thereby and shall continue in full force
and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South
San Francisco hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or
unenforceable.
SECTION 3. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall
be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this
Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the
City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this
Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a
certified copy of the full text of this Ordinance along with the names of those City Council members
voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty
(30) days from and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 6th day
of September, 2017.
At a meeting of the City Council on 10/11/2017, a motion was made by Richard Garbarino, seconded by
Liza Normandy, that this Zoning Ordinance be approved. The motion passed.
Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Mayor Gupta, and CouncilmemberAddiego
City of South San Francisco Page 5
File Number: 17 -966
Attest by
a i i
Mayor
Pradeep Gupta, Mayor
City of South San Francisco Page 6
Enactment Number: ORD 1542 -2017