Ordinance No. 1168ORDINANCE NO. 1168
AN ORDINANCE OF THE CITY OF CYPRESS AMENDING CHAPTER 5
OF THE CYPRESS MUNICIPAL CODE TO ESTABLISH AN EXPEDITED
PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING SYSTEMS
010
WHEREAS, the State of California and the City of Cypress has consistently
promoted and encouraged the use of fuel- efficient electric vehicles; and
WHEREAS, the State of California recently adopted Assembly Bill 1236, which
requires local agencies to adopt an ordinance that creates an expedited and
streamlined permitting process for electric vehicle charging systems; and
WHEREAS, creation of an expedited, streamlined permitting process for electric
vehicle charging stations would facilitate convenient charging of electric vehicles and
help reduce the City's reliance on fossil fuels; and
WHEREAS, the City Council seeks to implement AB 1236 through the creation of
an expedited, streamlined permitting process for electric vehicle charging systems
energy systems;
NOW, THEREFORE, the City Council of the City of Cypress does hereby ordain as
follows:
SECTION 1. The City Council has performed a preliminary environmental
assessment of this project and, pursuant to CEQA Guidelines Section 15061(b)(3), has
determined with certainty that there is no possibility that this Ordinance may have a
significant effect on the environment. The Ordinance involves updates to the City's
regulations as required by the mandates of California law, specifically AB 2188 including
Government Code Section 65850.5 and Civil Code Section 714. This is also consistent
with CEQA's recognition that charging stations do not have a substantial impact on the
environment, as set forth in Public Resources Code Section 21080.35, which provides
that certain charging station systems are statutorily exempt from environmental review
under the California Environmental Quality Act, as well as the inherit recognition in
CEQA Guidelines section 15301 (Existing Facilities). Additionally, the City Council has
determined pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory
Agencies for Protection of the Environment) the adoption of the Ordinance, which had
been directed by the State, would assure the enhancement of the environment,
including climate action goals, and would not allow environmental degradation. Further,
none of the exceptions to the exemptions under CEQA Guidelines Section 15300.2 are
applicable. Therefore, this project is not subject to CEQA.
SECTION 2. Article XII of Chapter 5 of the City of Cypress Municipal Code, is hereby
added to read as follows:
Article XII
ELECTRIC VEHICLE CHARGING STATION PERMITS
Section 5.75 Purpose and Intent
This ordinance shall be known as the "Electric Vehicle Charging Station
Permit Expediting Ordinance." The purpose of this ordinance is to
promote and encourage the use of electric vehicles by creating an
expedited, streamlined permitting process for electric vehicle charging
stations while promoting public health and safety and preventing specific
adverse impacts in the installation and use of such charging stations. This
ordinance is also purposed to comply with California Government Code
Section 65850.7.
Section 5.76 Definitions
(a) "Building official" means the building official or designee authorized
to enforce this code.
311
(b) "Electronic submittal" means the utilization of one or more of the
following: •
(1) Electronic mail or email.
(2) The internet.
(3) Facsimile.
(c) "Electric 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 Section, and delivers
electricity from a source outside an electric vehicle into a plug -in
electric vehicle. Electric vehicle charging stations and electric
vehicle charging supply equipment shall refer to equipment
including, but not be limited to, the following: conductors including
ungrounded, grounded, and equipment grounding conductors,
electric vehicle connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatus installed specifically for the
purpose of transferring energy between the premises wiring and the
electric vehicle.
(d) 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 a city, county, or city
and county on another similarly situated application in a prior
successful application for a permit.
(e) A "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.
Section 5.78 Expedited Electric Vehicle Charging Station Permitting
Electric Vehicle Charging Stations which qualify for expedited permit
processing, pursuant to Government Code Section 65850.7, shall be
subject to the procedures set forth in this ordinance.
Section 5.79 Expedited Review Process
Consistent with Government Code Section 65850.7, the building official
shall implement an expedited 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 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.
Section 5.80 Application Processing
(a) 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 Toads; 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.
(b) Upon payment of any required fee for processing, an 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's
adopted checklist, is consistent with all applicable laws, and has
passed technical review, 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 and the utility provider. If the
building official determines that the application is incomplete, the
building official 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.
(c). 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
documentations. 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.
Section 5.81 Technical Review
(a) All electric vehicle charging stations shall be subject to the following
standards:
(1) An electric vehicle charging station 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. Electric vehicle charging station
systems and equipment shall also conform to all applicable
provisions and requirements of the City of Cypress Building
Code.
(2) The installation of electric vehicle charging station systems and
equipment shall be in accordance with the city's adopted electric
vehicle charging station checklist.
(3) All electric vehicle charging stations shall be installed only after
approval by the building official and only after issuance of the
necessary building permit and any and all other permits required
by the city relating to the plumbing, electrical, and mechanical
characteristics of the system.
(4) Upon installation of an electric vehicle charging station, the
applicant shall be responsible for obtaining authorization and
approval to connect the electric vehicle charging station to the
local utility provider's electricity grid. In the event the city owns
or operates an electric utility into which connection is proposed
by the applicant, the application shall demonstrate compliance
with the city's utility interconnection policies prior to approval.
(b) This ordinance does not supersede the building official's authority
to address higher priority life- safety situations. If the building official
makes a written 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 65850.7, and there is no feasible method to satisfactorily
31 3
mitigate or avoid the specific, adverse impact, the application shall
be denied and the city may require the applicant to apply for a use
permit. The determination of the building official may be appealed
to the planning commission, except that review by the planning
commission shall be limited to the findings required by this
ordinance.
(c) 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
defined by Civil Code Section 4080.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Cypress hereby declares that it
would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or
unconstitutional.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption following second reading.
SECTION 5. The City Clerk is hereby authorized and directed to certify as the
passage of this Ordinance and to give notice thereof by causing copies of this Ordinance
to be posted in three public places throughout the City.
FIRST READING at a regular meeting of the City Council of the City of Cypress
held on the 11th day of September, 2017 and finally adopted and ordered posted at a
regular meeting held on the 25th day of September, 2017.
ATTEST:
I�
1,00-L 2 M1
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
AYOR OF THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held
on the 25th day of September, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS