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Ordinance 2018-11ORDINANCE NO. 2018-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING A NEW SECTION 6.58 TO CHAPTER VI OF THE GILROY CITY CODE SETTING FORTH PROCEDURES FOR EXPEDITING PERMITTING PROCESSING FOR ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, the State of California and the City of Gilroy have consistently promoted and encouraged the use of fuel- efficient electric vehicles; and WHEREAS, the State of California recent adopted Assembly Bill 1236, Codified as California Government Code Section 65850.7, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations; and WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations will facilitate convenient charging of electric vehicles and help reduce the City's reliance on environmentally damaging fossil fuels; and WHEREAS, the terms, phrases, and words used in this Ordinance shall be construed in compliance with the definitions set forth by Government Code Section 65850.7. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I This Ordinance hereby amends Chapter 6 of the Gilroy City Code to add a new Section 6.58 entitled "Electric Vehicle Charging Station Expedited Permitting" to read as follows: Section 6.58. Electric Vehicle Charging Station Expedited Permitting (a) Definitions (1) An "electric vehicle 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 delivers electricity from a source outside an electric vehicle into a plug -in electric vehicle. (2) "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. (3) "Electronic submittal" means the utilization of one or more of the following: a. Electronic mail or email. b. The internet. -I- ORDINANCE NO. 2018 -11 c. Facsimile. (4) An "association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (5) A "common interest development" means any of the following: a. A community apartment project. b. A condominium project. c. A planned development. d. A stock cooperative. (b) Purpose The purpose of the Ordinance is to adopt an expedited, electric vehicle charging station permitting process that complies with Government Code Section 65850.7. Electric Vehicle Charging Stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in this Electric Vehicle Charging Station Permit Expediting Ordinance. The Ordinance allows the City to expedite processing for electric vehicle charging stations while protecting the public health and safety. (c) Applicability This Ordinance applies to the permitting of all electric vehicle charging stations located within the city limits. (d) Electric Vehicle Charging Station Requirements (1) All electric vehicle charging stations shall meet the applicable health and safety standards and requirements imposed by the state and the City. (2) Electric vehicle charging stations and associated equipment shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and all accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission, regarding safety and reliability. (e) Duties of Building and Safety Division and Building Official (1) All documents required for the submission of an expedited electric vehicle charging station application shall be made available on the publicly available City website. (2) Electronic submittal of the required permit application, checklist, and documents by email, the Internet, or facsimile shall be made available to all electric vehicle charging station permit applicants. (3) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. (4) The City's Building and Safety Division shall adopt a standard plan and checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. (5) 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 California -2- ORDINANCE NO. 2018 -11 electronic vehicle charging station permitting Guidebook adopted by the Governor's office of Planning and Research. (1) Permit Review and Inspection Requirements: (1) Expedited Review Process Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review 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 administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by 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. The City's adopted checklist shall be published on the City's website. (2) Electronic Submittals 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. (3) Association Approval 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 deemed herein. (4) Permit Application Processing A permit application that satisfies the information requirements in the City'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 City adopted checklist, and is consistent with all applicable laws, 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 City. 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. (5) Technical Review -3- ORDINANCE NO. 2018 -11 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 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 Government Code Section 65850.7, the Building Official may require the applicant to apply for a conditional use permit. SECTION II 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 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 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. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this Ordinance, or a summary thereof to be published once in the official newspaper within 15 days after its adoption. SECTION III Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty days following the date of its adoption. PASSED AND ADOPTED this 10th day of September, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: LEROE -MUNOZ ATTEST: Freels, City n APPR RolanJ Velasco, Mayor ORDINANCE NO. 2018 -11 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2018 -11 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 10th day of September, 2018, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 13th day of September, 2018. City Clerk of the City of Gilroy (Seal)