File #: 22-1392    Version:
Type: Agenda Item Status: Approved
File created: 7/21/2022 In control: Board of Supervisors
On agenda: 8/30/2022 Final action: 8/30/2022
Title: Planning and Building Department recommending the Board approve the Final Passage (Second Reading) of Ordinance 5165 amending County Code Title 110 Buildings and Construction to add Chapter 110.70 entitled Electric Vehicle Charging Station Regulations. (Cont. 8/23/2022, Item 21) FUNDING: Permit Fees. (General Fund)
Attachments: 1. A - Counsel Approved Blue, 2. B - Draft Ordinance, 3. C - EV Commercial Checklist, 4. D - EV Residential Checklist, 5. Executed Ordinance 5165
Related files: 21-1042

Title

Planning and Building Department recommending the Board approve the Final Passage (Second Reading) of Ordinance 5165 amending County Code Title 110 Buildings and Construction to add Chapter 110.70 entitled Electric Vehicle Charging Station Regulations. (Cont. 8/23/2022, Item 21)

 

FUNDING: Permit Fees. (General Fund)

Body

DISCUSSION / BACKGROUND

On August 23, 2022, the Board approved the Introduction (First Reading) of Ordinance 5165 amending County Code Title 110 Buildings and Construction to add Chapter 110.70 entitled Electric Vehicle Charging Station Regulations and Continued the matter to August 30, 2022 for Final Passage (Second Reading).

 

On October 8, 2015, the Governor signed new legislation AB 1236 (California Government Code Section 65850.7) requiring cities and counties to develop an ordinance to: 1) Streamline permit processing for electric vehicle (EV) charging stations, and 2) utilize checklist(s) to expedite processing of qualifying permits consistent with the requirements of state law and County permit processing regulations.  This new legislation requires cities and counties with populations less than 200,000 residents to enact such an ordinance by September 30, 2017.  To address the above requirements for streamlined EV charging station permits, the Planning and Building Department, Building Division developed two EV charging station eligibility checklists for incorporation into the new ordinance, one for Commercial Building and Facilities and  development and the other for residential development (Attachments C and D).

 

Since October of 2015, the County has been complying with the implementation requirements of AB1236 regarding permit streamlining and utilizing checklists to expedite processing of electric vehicle charging stations.  However, the requirement to develop and adopt an ordinance was determined to be lower risk than other long range planning activities and was delayed in order to work on other higher risk/higher priority long range planning activities.  The development of the ordinance has been included in the Long Range Planning Matrix for the last several fiscal years and the Long Range Planning Unit is now able to bring this proposed ordinance to the Board for approval.

 

On July 13, 2021 (File No. 21-1042, Item No. 20), the Board adopted Resolution of Intention (ROI) 082-2021 for the purpose of amending Title 130 of the County Zoning Ordinance and initiate the Zoning Ordinance Update project as required by Section 130.63.020 (Ordinance Amendments and Zone Change Applications) of the Zoning Ordinance.  The project proposed a new section of the Zoning Ordinance to address EV Charging Station Regulations.  However, it was determined by staff that the modifications for EV charging stations was more appropriate to be included within the Building Code as presented in this item. The Board's approval of the ROI constitutes the conceptual review of the proposed amendments.

 

ALTERNATIVES

The Board may choose not to approve the proposed Ordinance.  However, this proposed Ordinance addresses AB 1236, requiring all cities and counties to develop an expedited, streamlined permitting process for electric vehicle charging stations.

 

PRIOR BOARD ACTION

On July 13, 2021 (File No. 21-1042, Item No. 20), the Board adopted Resolution of Intention 082-2021 for the purpose of initiating changes to the Ordinance to comply with AB 1236.         

 

OTHER DEPARTMENT / AGENCY INVOLVEMENT

County Counsel

 

CAO RECOMMENDATION

Approve as recommended.

 

FINANCIAL IMPACT

No significant impacts anticipated.  EV charging station permit processing costs will be paid via building permit fees. 

 

CLERK OF THE BOARD FOLLOW UP ACTIONS

N/A

 

STRATEGIC PLAN COMPONENT

Good Governance:  Evaluate requests and recommendations based on complete assessment of the best available information, with the goal of reaching well informed decisions. 

 

CONTACT

Rob Peters, Deputy Director of Planning

Planning and Building Department