Item #09
Date: August 16, 2022
To: Mayor and City Council
From: Kristina Heredia, Assistant Community Development Director Jim Schaad, City Manager
Subject: Electric Vehicle Service Equipment Ordinance
Recommendation:
Pass a Motion to 1) Introduce Ordinance XX for first reading, 2) set September 6, 2022, for the second reading and consideration for adoption, 3) waive the first and second reading of Ordinance XX amending Title 13 of the Marysville Municipal Code, and 4) adopt Resolution 2022-XX approving the “Checklist for the Permitting and Installation of Electric Vehicle Service Equipment (EVSE).
Rationale for Recommendation:
Existing law requires cities to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit, or similar non-discretionary permit, subject to limited review by the Building Official. State law also prohibits the City from denying an application for an EVSE unless findings are made that the installation would impact public health or safety. This Ordinance sets forth a streamlined procedure for electric vehicle installations and will bring the City into compliance with existing State law.
Background:
In 2015, the State of California adopted Assembly Bill 12361, requiring local jurisdictions with a population of less than 200,000 residents to adopt an Ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations on or before September 30, 2017. In addition, Assembly Bill 970 requires small jurisdictions to put in place expedited review by January 1, 2023.
Discussion & Analysis:
An electric vehicle charging station is any level of electric vehicle supply equipment station which delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. AB 1236 allows jurisdictions to refer to the recommendations in 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 while enacting an ordinance for EVSEs.
1 2015, Chiu, Codified as Government Code Section 65850.7 Item #09
AB 1236 also includes the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review. A Draft Checklist is provided as Attachment A.
The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance.
Staff recommends that City Council adopt the attached Ordinance, given Government Code Section 65850.7’s requirement that local agencies adopt such an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations. This will bring Marysville into compliance with AB 1236, which has been required since 2017, and puts into place the expedited review timelines required by January 2023.
Alignment with City Council Goal(s):
Goal #3: Improve Infrastructure
This Ordinance will bring the City into compliance with State law regarding public infrastructure.
Environmental Review:
The proposed revisions to the Municipal Code to accommodate streamlined permitting and a Checklist for Electric facilities would allow for the installation of Electric Vehicle Charging Stations. These activities are categorically exempt from CEQA under Class 3 (New Construction or Conversion of Small Structures). The Notice of Exemption has been prepared and no further CEQA action is required.
Legal Review:
The City Attorney has reviewed and approved the recommended Ordinance.
Fiscal Analysis:
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Attachment(s):
1. Electric Vehicle Charging Station Ordinance
2. Electric Vehicle Charging Station Resolution
3. Electric Vehicle Charging Station Submittals Checklist