HomeMy WebLinkAbout2021-08-31; City Council; ; Adoption of Ordinance No. CS-399 –Electric Vehicle Charging StationsMeeting Date: Aug. 31, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
Faviola.medina@carlsbadca.gov, 760-434-5989
Subject: Adoption of Ordinance No. CS-399 – Electric Vehicle Charging Stations
District: All
Recommended Action
Adopt Ordinance No. CS-399 adding a new Chapter 18.22 – Electric Vehicle Charging Stations,
to the City of Carlsbad Municipal Code pursuant to state law.
Executive Summary/Discussion
Ordinance No. CS-399 was introduced and first read at the City Council meeting held Aug. 17,
2021. On a motion by Mayor Pro Tem Blackburn, second by Council Member Bhat-Patel, the
City Council voted 4-0 to introduce Ordinance No. CS-399. The second reading allows the City
Council to adopt the ordinance, which will become effective 30 days after the adoption.
Fiscal Analysis
Adopting this ordinance has no direct fiscal impact to the city’s General Fund. The electrical
vehicle charging station permit is currently and will continue to be charged as a “simple single
or combination permit,” which currently costs applicants $175 and recovers the allowable
amount of costs associated with permit plan checks and inspections. In keeping with the
updated Master Fee Schedule approved by the City Council on June 8, 2021, this permit fee will
increase to $193, effective Sept. 1, 2021.
Next Steps
The City Clerk will have the ordinance, or a summary of the ordinance, published in a
newspaper of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation
The City Planner finds that adoption of this ordinance is exempt from environmental review
under the California Environmental Quality Act under CEQA Guidelines section 15061(b)(3),
because it can be seen with certainty that the proposed ordinance will have no significant
negative impact on the environment.
As a separate and independent basis, the City Planner finds that the proposed ordinance
implements state law that requires that provisions be made for the approval of electrical
CA Review CKM
Aug. 31, 2021 Item #7 Page 1 of 8
vehicle charging stations on a ministerial basis.1 As a result, the adoption of proposed
ordinance is exempt from the CEQA, and its implementing regulations as a ministerial project in
keeping with Public Resources Code section 21080(b)(1) and CEQA Guidelines Section 15268
because the city lacks any discretion to adopt the ordinance. Almost all projects that undertake
the type of activity authorized by this ordinance will be subject only to nondiscretionary review
and approval and therefore will themselves be exempt as a ministerial project in keeping with
Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268.
As a separate and independent basis, the City Planner finds this action is categorically exempt
from further environmental review in accordance with CEQA Guidelines sections 15301 -
Existing facilities, 15303 - New construction or conversion of small structures and 15304 - Minor
Alterations to Land as suggested in the Zero-Emission Vehicles in California: Community
Readiness Guidebook adopted by the Governor's Office of Planning and Research.
Consistent with section 15301 of the CEQA Guidelines, an expedited permit process for
electrical vehicle charging stations will result in minor alterations to existing facilities involving
negligible or no expansion of use beyond that which is presently existing. Further, consistent
with sections 15303 and 15304 of the CEQA Guidelines, an expedited permit process for
electrical vehicle charging station will result in a limited number of new, small structures, and
minor public or private alterations in the condition of land. Accordingly, this action qualifies for
an exemption from the requirements to prepare additional environmental documentation, all
the requirements of CEQA have been met, and the action will not have a significant effect on
the environment.
Public Notification and Outreach
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. Ordinance No. CS-399
1 A ministerial basis means that the city will not exercise any discretion in approving applications aside from
verifying that the applications are complete and the proper fees have been paid.
Aug. 31, 2021 Item #7 Page 2 of 8
ORDINANCE NO. CS-399
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CA~LSBAD,
CALIFORNIA, ADDING A NEW CHAPTER 18.22 (ELECTRIC VEHICLE
CHARGING STATIONS) TO THE CITY OF CARLSBAD MUNICIPAL CODE
PURSUANT TO STATE LAW
WHEREAS, California Governor Gavin Newsom signed Executive Order N-79-20 on
September 23, 2020, setting a target of 100 percent of in-state sales of new passenger vehicles
will be zero-emission by 2035, as well as ambitious targets for zero-emission medium-and
heavy-duty vehicles.
WHEREAS, to help achieve the goals set forth under Executive Order N-79-20, the City of
Carlsbad is adding a new Chapter 18.22 (Electric Vehicle Charging Stations) to the City of
Carlsbad Municipal Code to implement State law as adopted by Assembly Bill 1236 on January
1, 2016, in order to achieve timely and cost-effective installations for electric vehicle charging
stations in accordance with California Government Code section 65850.7; and
WHEREAS, Chapter 18.22 will promote and encourage the use of electric vehicles in
accordance with the City's Climate Action Plan; and
WHEREAS, an increase in local use of electric vehicle charging stations is expected to
occur as the number of electric vehicles increases, which is consistent with the City's Climate
Action Plan goals to expand alternative fuel infrastructure and increase the percentage of
vehicle miles traveled by electric and alternative fuel vehicles; and
WHEREAS, Chapter 18.22 maintains the Building Official's authority to protect the public
health and safety; and
WHEREAS, on September 30, 2017, California Government Code section 65850.7,
created by Assembly Bill 1236, was effective for all jurisdictions in the State of California with
populations less than 200,000, including the City of Carlsbad; and
NOW, THEREFORE, the City Council of the City of Carlsbad hereby ordains as follows:
1. The above recitations are true and correct
2. Chapter 18.22 of the Carlsbad Municipal Code is hereby added as follows:
Aug. 31, 2021 Item #7 Page 3 of 8
CHAPTER 18.22 ELECTRIC VEHICLE CHARGING STATIONS
18.22.010 Purpose
The purpose of Chapter 18.22 is to promote and encourage the use of the electric vehicles in
accordance with the City's Climate Action Plan, and Government Code Section 65850.7 by
providing an expedited, streamlined permitting process for electric vehicle charging stations for
residential and non-residential uses The intent is to remove unreasonable regulatory barriers and
minimize permit processing costs to achieve timely and cost-effective installations and to help
achieve Governor's Executive Order N-79-20. Chapter 18.22 helps the city to achieve those goals,
prevents adverse impacts in the installation and use of electric vehicle charging stations, and
maintains the Building Official's authority to protect the public health and safety and to identify
and address higher priority life-safety situations, where applicable.
18.22.020 Definitions
The following definitions shall apply to Chapter 18.22:
A. 11Association" means a nonprofit corporation or unincorporated association created for
the purpose of managing a common interest development.
B. 11Checklist" means the submittal checklist required by the City of Carlsbad to be submitted
with the permit application for an electric vehicle charging station to demonstrate
compliance.
C. 11Electric 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, as it reads on the effective date of this Chapter, and delivers
electricity from a source outside an electric vehicle into a plug-in electric vehicle.
D. "Electronic submittal" means the utilization of electronic mail (email); the Internet;
facsimile (fax); 11Specific, 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. 11Feasible Method" means a method to satisfactorily mitigate or avoid a specific, adverse
impact including, 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.
18.22.030 Applicability
A. Chapter 18.22 applies to the permitting of all electric vehicle charging stations in the City of
Carlsbad.
Aug. 31, 2021 Item #7 Page 4 of 8
B. Electric vehicle charging stations legally established or permitted prior to the effective date
of the Ordinance codified in this Chapter are not subject to the requirements of Chapter
18.22 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 or like-kind replacements
shall not require a permit.
C. The installation of electric vehicle charging stations shall comply with the standards set
forth in section 18.21.140 and 18.21.150 as applicable.
18.22.040 Permit Application and Submittal Requirements
A. All electric vehicle charging stations shall meet applicable health and safety standards
and requirements imposed by the state and the city.
B. 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; areas of charging station equipment and vehicle
parking.
C. All documents required for the submission of an electric vehicle charging station
application are available on the city website, including a checklist of submittal
requirements for expedited review. Unless otherwise specified, the checklist shall be the
most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist"
of the "Zero-Emission Vehicles in California: Community Readiness Guidebook".
D. Electronic submittal of the required permit application and documents shall be made
available to all electric vehicle charging station permit applicants. The permit application
and associated documentation may be submitted to the Building Division in person, by
mail, or by electronic submittal together with required permit processing and inspection
fees. In the case of electronic submittal, the electronic signature of the applicant on all
forms, applications, and other documents may be used in lieu of a wet signature.
E. Should this chapter conflict with any permit processing requirements specified in any
other chapter of the Carlsbad Municipal Code, this chapter shall take precedence
18.22.050 Permit Review and Issuance
A. The Community Development Department shall implement an administrative,
nondiscretionary review process to expedite approval of electric vehicle charging
stations.
Aug. 31, 2021 Item #7 Page 5 of 8
B. A permit application that satisfies the information requirements in the city's Checklist
shall be deemed complete and be promptly processed.
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 expedited permit issuance shall be sent to the applicant for
resubmission.
D. Upon confirmation by the Building Official that the permit application and supporting
documents meets the 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, 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.
E. The Building Official may require an applicant to apply for a Minor Site Development
Plan pursuant to CMC §21.06 if the Building Official finds, based on substantial evidence,
that the electric vehicle charging station could have a specific, adverse impact upon the
public health and safety.
18.22.060
1. Such decisions may be appealed to the Planning Commission pursuant to Section
21.54.140.
2. If a Minor Site Development Plan is required, the city may deny such application
if it makes written findings based upon substantive 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, as defined, the adverse impact.
3. Such findings shall include the basis for the rejection of the potential feasible
alternative for preventing the adverse impact.
4. Any condition imposed on an application shall be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
5. No condition shall be imposed on the Minor Site Development Plan that would
require prior approval by an Association.
Waiver or Modification of Development Standards
A. The City Planner, through the processing of a Minor Site Development Plan pursuant to
Chapter 21.06, may modify the following development standards for electric vehicle
charging stations.
1. Parking standards under Chapter 21.44
Aug. 31, 2021 Item #7 Page 6 of 8
2. Sign standards under Chapter 21.41
B. The modifications specified in Section 18.22.060.A shall not be permitted unless the
decision-making authority makes the required findings specified in Section 21.06.020(B).
18.22.070 Electric Vehicle Charging Station Installation Requirements
A. Electric vehicle charging station equipment shall meet the requirements of 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 or a Municipal 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 Code as applicable
per occupancy, and the provisions of the manufacturer's installation ,instructions.
Mounting of charging stations shall not adversely affect building elements.
18.22.080 Severability
If any provision of this chapter or the application thereof to any person or circumstances is held
invalid, the remainder of the chapter and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected thereby.
EFFECTIVE DATE OF THIS ORDINANCE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of
the ordinance or a summary of the ordinance prepared by the City Attorney to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its
adoption.
Aug. 31, 2021 Item #7 Page 7 of 8
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
17th day of August, 2021, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on
the 31st day of August, 2021, by the following vote, to wit:
AVES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
~...-<,~-
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
~~t£h-111V7p>.·· ~-
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Aug. 31, 2021 Item #7 Page 8 of 8