Attachment 1 - April 3, 2023 staff report — City Council / Housing Authority, April 17, 2023

CITY OF POMONA

COUNCIL REPORT
A
pril 3, 2023
To
: Honorable Mayor and Members of the City Council
Fr
om: James Makshanoff, City Manager
S
ubmitted By: Anita Gutierrez, AICP, Development Services Director S
ubject: Introduction of an Ordinance adding an Electric Vehicle Charging Stations Permitting Process to the Pomona City Code
RE
COMMENDATION:

I
t is recommended that the City Council introduce, waive further and give first reading to the following ordinance:

O
RDINANCE NO. 4330 - ADOPT AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF POMONA, CALIFORNIA ADDING
CHAPTER 75 TO THE POMONA CITY CODE RELATING TO AN

EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC

VEHICLE CHARGING STATIONS
E
XECUTIVE SUMMARY:

T
he draft O rdinance (Attachment No. 1) follows the mandates set forth in Assembly Bill 1236 (AB 1236), and would streamline processing of applications for electric charging stations throughout the City. In addition, the relevant members of staff are confirming in connection w ith adoption of this ordinance that they are prepared to implement the appropriate timeline for permit processing as required by Assembly Bill 970 (AB 970).

FI
SCAL IMPACT:

T
he fiscal impacts related to this ordinance depend on the number of applications that the City receives, and the permit fee includes staff time for processing. Further, the ordinance is designed to streamline permit processing; therefore, the costs associated with processing each application are not projected to increase.

Attachment No. 1
Ordinance No. 4330 – AB1236 and AB970 compliance with Electric Vehicle Charging Station permit processing

Page 2 of 3 ends

DISCUSSION:

AB 1236, adopted by the State legislature on October 8, 2015, requires cities to adopt an ordinance to expedite permit processing for applicants looking to install electric vehicle charging stations.

AB 1236 was adopted to limit the restrictions that cities and counties could impose on applicants installing electric vehicle charging stations, to achieve timely and cost- effective installation of electric vehicle charging stations, which has been deemed by the legislature to be a matter of statewide concern. AB 1236 is part of the State’s efforts to modernize and facilitate the installation of electric vehicle charging stations throughout the State. In furtherance of this goal, the State is requiring that cities and counties throughout the State adopt ordinances setting forth guidelines to facilitate expedited review and processing for electric vehicle charging stations.

AB 970, adopted by the State legislature on October 8, 2021, sets forth certain timing obligations applicable to cities when fulfilling their function of processing electric vehicle charging station permits. In addition, AB 970 requires an application to install an el ectric vehicle charging station to be deemed complete if, either 5 business days or 10 business days after the application was submitted, depending on the number of electric vehicle charging stations proposed in the application, the city has not deemed the application to be incomplete or issued a written correction notice detailing all deficiencies in the application. Then, AB 970 requires an application to install an electric vehicle charging station to be deemed approved if 20 business days or 40 business days after the application was deemed complete, depending on the number of electric vehicle charging stations proposed in the application, (1) the city has not approved the application, (2) the Development Services Director has not made a finding that the proposed installation could have an adverse impact upon the public health or safety or required the applicant to apply for a use permit, (3) the Development Services Director has not denied the permit, and (4) an appeal has not been made to the planning c ommission of the city. Members of the Development Services Department are aware of these timing requirements and are prepared to comply with them in connection with the adoption of this Ordinance and all electric vehicle permitting laws.

Although the Ordinance before the Council is not changing the Zoning Code, Staff facilitated a discussion with the Planning Commission on March 3, 2023 to review and discuss potential site development concerns related the placement of Electrical Vehicle charging stations. Staff recommended defining two adverse impacts: (1) loss of tree canopy and landscaping; and (2) walkability and auto dependence. Language has been added to the EV permit checklist s (Attachment No. 2) to reflect these issues: no net loss of trees, no net loss of landscaping, do not site in frontage or front yard setback, do not site to be visible from public right of way, do not site on existing city easements , no above -ground utility poles . In addition required mitigation was identified to address these impacts and was included in the EV permit checklists. For tree canopy and landscaping mitigation, tree canopy replacement would be required at a ratio of 2:1, equivalent landscaping square footage must be replaced and a Landscape Plan Check is required if removing more than 500 square feet of landscaping. For walkability and auto dependence mitigation there would be no mitigation/exception on placement within the frontage zone or front yard setback and mitigation for visibility from public right- of-way would require complete visual screening . The Commission also requested there be no net increase in unshaded impervious surfaces and that Staff look into the requirement for designating EV parking spaces for disabled persons. There will be Ordinance No. 4330 – AB1236 and AB970 compliance with Electric Vehicle Charging Station permit processing

Page 3 of 3 ends

an opportunity to codify more specific site development standards during the Zoning Code Update effort this summer.

The attached ordinance complies with the requirements set forth in AB 1236 by requiring that the City administratively approve applications that comply with the City’s “Expedited EV Permit & Checklists” and limit review to whether the installation would comply with safety and performance standards.

Prepared by:

Anita Gutierrez
Development Services Director

ATTACHMENT(S):

Attachment No. 1: Ordinance No. 4330
Attachment No. 2: EV Permit Checklists
Attachment No. 3: Staff Presentation

1 Non-residential
EV Charging
D evelopment Services
Building Division
505 S. Garey Avenue
(909) 620-21
91 www.pomonaca.gov
NON
-RESIDENTIAL ELECTRICAL VEHICLE CHARGING STATIONS

EXPEDITED REVIEW ELIGIBILITY CHECKLIST

GENERAL
The purpose of this checklist is to determine eligibility and clarify the minimum building code requirements when preparing plans and documents for expedited plan review of EV charging stations in compliance with Pomona Municipal Code Chapter 75 and Government Code Section 65850.7. as amended by AB1236 in 2015.

Type of Charging Station(s) Power Levels (proposed circuit rating) Check One Level 1 110/120 volt alternating current (VAC) at 15 or 20 Amps  Level 2 – 3.3 kilowatt (Kw) (Low) 208/240 VAC at 20 or 30 Amps  Level 2 – 6.6 kW (medium) 208/240 VAC at 40 Amps 
Level 2 – 9.6 kW (high) 208/240 VAC at 50 Amps 
Level 2 – 19.2 Kw (highest) 208/240 VAC at 100 Amps 
Other (provide detail): Provide rating: 
Permit Application Requirements:

A. Does the application include EVCS manufacture’s specs and installation guidelines?  Y  N E
lectrical Load Calculation Worksheet:

A. Is an electrical load calculation worksheet included? (CEC 220)  Y  N B. Based on the load calculation worksheet, is a new electrical service panel upgrade required?
 Y  N
1) If yes, do plans include electrical service panel upgrade?  Y  N C. Is the charging circuit appropriately sized for a continuous load of 125%?  Y  N D. If charging equipment proposed is a Level 2 – 9 kW station with a circuit rating of 50 amps or higher, is a completed circuit card with electrical calculations included with the single line diagram?
 Y  N
Site Plan and Single Line Drawing:

1) Showing location, size, and use of all structures  Y  N 2) Showing location of electrical panel to charging system  Y  N 3) Showing type of charging system and mounting  Y  N

Avoidance of Specific Adverse Impacts
A. Does the site plan address tree canopy and landscaping by meeting the following requirements?

 Y  N
1) No net loss of trees
a. If trees are proposed to be removed, they are being replaced on-site a ratio of 2:1?

 Y
 Y
 N
 N
2) No net loss of landscaping
a. If landscaping is proposed to be removed, equivalent landscaping is being proposed?
b. More than 500 square feet of landscaping is being disturbed? (Landscape Plan Check required for disturbance of more than 500 square feet of landscaping)

 Y
 Y

 Y
 N
 N

 N

B. Does the site plan address walkability and auto dependence by meeting the following requirements?

 Y  N
1) EVCS not sited in frontage or front yard setback?
2) EVCS sited to not be visible from public right of way? a. If so, is the equipment or EVCS completely screened? 3) EVCS not sited on existing city easements?
4) There are no new above-ground utility poles?

 Y
 Y
 Y
 Y
 Y
 N
 N
 N
 N
 N

Compliance with the 2022 California Electrical Code:

A. Does the application include EVCS manufacture’s specs and installation guidelines?  Y  N B. Does the electrical plan identify the amperage and location of existing electrical service panel?
 Y  N
1) If yes, does the existing panel schedule show room for additional breakers?  Y  N C. Is the charging unit rated more than 60 amps or more than 150 V to ground?  Y  N 1) If yes, are disconnecting mean provided in a readily accessible location in line of site and within 50’ of EVCS. (CEC 625.43)
 Y  N
D. Does the charging equipment have a Nationally Recognized Testing Laboratory (NRTL) approved listing mark? (UL 2202/UL 2200)
 Y  N
E. If trenching is required, is the trenching detail called out?  Y  N 1) Is the trenching in compliance with electrical feeder requirements from structure to structure? (CEC 225.61)
 Y  N
3 2) Is the trenching in compliance with minimum cover requirements for wiring methods or circuits? (18” for direct burial per CEC 300.5)
 Y  N
Compliance with 2022 California Green Building Standards Code (CGBSC):

A. Does the CAL Green EV Readiness installation requirements apply to this project? 1) Do the plans demonstrate conformance with CGBSC Table 5.106.5.3.1 for the minimum required number of charging spaces?
 Y  N

Compliance with 2022 California Building Code, Chapter 11-B Accessibility Features:

A. Do the plans clearly depict all required accessible EVCS features for the disabled?  Y  N 1) Do the plans identify the correct number and type of accessible EVCS stalls required in accordance with Table 11B-228.3.2.1?
 Y  N
2) Do the plans detail compliance with the accessible EVCS features required by CBC 11B- 812 and Figure 11B-812.9?
 Y  N

Project Address:

Applicant Signature:

Applicant’s Printed Name/Date:
4 INSTRUCTIONS
Information provide in this document is general and intended as a guide only. Each project is unique and additional requirements may be enforced as deemed appropriate.

This checklist is intended for an expedited EVCS permitting process. Submit electronically on the City’s website or submit (2) sets of hard copy plans minimum 11” x 17” or larger. To submit application and electronic plans, upload documents to: [email protected]. Please complete this form by checking the appropriate boxes based on information presented on the plans and supporting documentation. If any items are checked “NO”, please revise plans to comply with the eligibility checklist. Otherwise, the permit application may go through the standard plan review and approval process.

In most cases, expedited plan review will be performed over the counter hours or it may take up to 10 business days to complete expedited review for large and/or complex projects. Building counter staff will determine eligibility for over the counter expedited review at the time of building permit application.

PERMIT FEES
Permit fees will be in accordance with current Adopted Fee Schedule. Please contact Building Division Technicians for additional information.

INSPECTION PROCEDURES
One inspection is required after the new wiring and charger unit is installed. However, additional inspections may be required depending on the scope of work. The building inspector will let you know if there are additional inspections. For each inspection, the Permit Card and Approved Owner Copy of the plans must be presented to the inspector. The manufacture’s installation guidelines shall be available for the building inspector at the job site during the inspection as well. A representative of the installing contractor must be on- site for all inspections.

Permits shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance.

To schedule an inspection, use the Building Division Online Inspection Request HERE or contact the Building Division at (909) 620-2422.
1 Multi-Residential
EV Charging

Development Services
Building Division
505 S. Garey Avenue
(909) 620-2191
www.pomonaca.gov

MULTI-FAMILY ELECTRICAL VEHICLE CHARGING STATIONS

EXPEDITED REVIEW ELIGIBILITY CHECKLIST

Permit Application Requirements:

A. Does the application include EVCS manufacture’s specs and installation guidelines?  Y  N

Electrical Load Calculation Worksheet:

Site Plan and Single Line Drawing:

A. Is a site plan and separate electrical plan with single-line diagram included with the permit application?
 Y  N
1) If mechanical ventilation requirements are triggered for indoor venting requirements (CEC 625.52(A) or (B)), is mechanical plan included with the permit application?  Y  N
B. Is the site fully dimensioned and drawn to scale?  Y  N 2 1) Showing location, size, and use of all structures  Y  N 2) Showing location of electrical panel to charging system  Y  N 3) Showing type of charging system and mounting  Y  N

Compliance with the 2022 California Electrical Code:

A. Does the application include EVCS manufacture’s specs and installation guidelines?  Y  N B. Does the electrical plan identify the amperage and location of existing electrical service panel?
 Y  N
1) If yes, does the existing panel schedule show room for additional breakers?  Y  N C. Is the charging unit rated more than 60 amps or more than 150 V to ground?  Y  N 1) If yes, are disconnecting mean provided in a readily accessible location in line of site and within 50’ of EVCS. (CEC 625.43)
 Y  N
D. Does the charging equipment have a Nationally Recognized Testing Laboratory (NRTL) approved listing mark? (UL 2202/UL 2200)
 Y  N
E. If trenching is required, is the trenching detail called out?  Y  N 1) Is the trenching in compliance with electrical feeder requirements from structure to structure? (CEC 300.5)
 Y  N
2) Is the trenching in compliance with minimum cover requirements for wiring methods or circuits? (18” for direct burial per CEC 300.5)
 Y  N

Compliance with 2022 California Green Building Standards Code (CGBSC):

A. Does the CAL Green EV Readiness installation requirements apply to this project? 1) Do the plans demonstrate conformance with mandatory measures for 10% of the total number of parking spaces, for new multifamily dwellings that must be EV capable (4.106.4.2)
 Y  N
2) Do the construction documents indicate the location of the proposed EV spaces where at least one is located in common use areas and available for use by all residents (4.106.4.2.2 #3)
 Y  N
3) When EV chargers are installed, EV spaces required by Section 4.106.4.2.2.1.1, shall comply with at least one of the following options:
a. The EV space shall be located adjacent to an accessible parking space that complies with CBC Chapter 11-A, to allow use of the EV charger from the accessible parking space.
b. The EV space shall be located on an accessible route, as defined by CBC, Chapter 2, to the building. Exception: EVCS designed and constructed in compliance with CBC, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1  Y  N

Avoidance of Specific Adverse Impacts
A. Does the site plan address tree canopy and landscaping by meeting the following requirements?

 Y  N
1) No net loss of trees
a. If trees are proposed to be removed, they are being replaced on-site a ratio of 2:1?

 Y
 Y
 N
 N
3 2) No net loss of landscaping
a. If landscaping is proposed to be removed, equivalent landscaping is being proposed?
b. More than 500 square feet of landscaping is being disturbed? (Landscape Plan Check required for disturbance of more than 500 square feet of landscaping)
 Y
 Y

 Y
 N
 N

 N

B. Does the site plan address walkability and auto dependence by meeting the following requirements?

 Y  N
1) EVCS not sited in frontage or front yard setback?
2) EVCS sited to not be visible from public right of way? a. If so, is the equipment or EVCS completely screened?

3) EVCS not sited on existing city easements?
4) There are no new above-ground utility poles?

 Y
 Y
 Y

 Y
 Y
 N
 N
 N

 N
 N

Project Address:

Applicant Signature:

Applicant’s Printed Name/Date:

INSTRUCTIONS
Information provide in this document is general and intended as a guide only. Each project is unique and additional requirements may be enforced as deemed appropriate.

PERMIT FEES
Permit fees will be in accordance with current Adopted Fee Schedule. Please contact Building Division Technicians for additional information.

Permits shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance.

To schedule an inspection, use the Building Division Online Inspection Request HERE o r contact the
Building Division at (909) 620-2422.

Residential
EV Charging
Development Services
Building Division
505 S. Garey Avenue
(909) 620-2191
www.pomonaca.gov

RESIDENTIAL ELECTRICAL VEHICLE CHARGING STATIONS

EXPEDITED REVIEW ELIGIBILITY CHECKLIST

Type of Charging Station(s) Power Levels (proposed circuit rating) Check One Level 1 110/120 volt alternating current (VAC) at 15 or 20 Amps

Level 2 – 3.3 kilowatt (Kw) (Low) 208/240 VAC at 20 or 30 Amps  Level 2 – 6.6 kW (medium) 208/240 VAC at 40 Amps 
Level 2 – 9.6 kW (high) 208/240 VAC at 50 Amps 
Level 2 – 19.2 Kw (highest) 208/240 VAC at 100 Amps 
Other (provide detail): Provide rating:

Permit Application Requirements:

A. 3 sets of plans on 11” x 17” or larger sheets. Site address and designer’s name and contact information on all sheets.
 Y  N
B. Title Sheet with scope of work description, applicable building codes and standards.  Y  N C. Site or Floor Plan showing location, type and mounting height of proposed EVCS, existing and new service panels and sub-panel (show amperage).
 Y  N
D. Single-Line Diagram and Panel Schedule. Show size and type of conductors, raceway and circuit breaker(s).
 Y  N
E. Show existing/ new lighting switches and other equipment in garage to avoid tripping hazard from EV charging cords.
 Y  N
F. Electrical Service Load Calculations per CEC 220. EVCS charging circuit shall be sized for a continuous load of 125%.
 Y  N
G. EVCS Manufacture Installation Details and Specifications.  Y  N

Avoidance of Specific Adverse Impacts
A. Does the site plan address tree canopy and landscaping by meeting the following requirements?

 Y  N
1) No net loss of trees
a. If trees are proposed to be removed, they are being replaced on-site a ratio of 2:1?

 Y
 Y
 N
 N

2) No net loss of landscaping
a. If landscaping is proposed to be removed, equivalent landscaping is being proposed?
More than 500 square feet of landscaping is being disturbed? (Landscape Plan Check required for disturbance of more than 500 square feet of landscaping)

 Y
 Y

 Y
 N
 N

 N

Project Address:

Applicant Signature:

Applicant’s Printed Name/Date:

B. Does the site plan address walkability and auto dependence by meeting the following requirements?

 Y
 Y
 Y
 Y
 Y

 N
 N
 N
 N
 N

INSTRUCTIONS
Information provide in this document is general and intended as a guide only. Each project is unique and additional requirements may be enforced as deemed appropriate.

In most cases, expedited plan review will be performed over the counter hours or it may take up to 10 business days to complete expedited review for large and/or complex projects. Building c ounter staff will determine eligibility for over the counter expedited review at the time of building permit application.

PERMIT FEES
Permit fees will be in accordance with current Adopted Fee Schedule. Please contact Building Division Technicians for additional information.

Permits shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance.

To schedule an inspection, use the Building Division Online Inspection Request HERE or contact the Building Division at (909) 620-2422.

City Council / Housing AuthorityApril 17, 2023

City Council / Housing Authority
April 17, 2023