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AMENDMENT TO TITLE 16 OF THE STOCKTON MUNICIPAL CODE RELATED TO ELECTRIC VEHICLE CHARGING STATIONS
recommended action
RECOMMENDATION
It is recommended that the City Council adopt an ordinance amending Title 16 of the Stockton Municipal Code (SMC) (the Development Code) to permit and incentivize provision of electric vehicle charging stations. This ordinance amendment would bring the city in conformance with State mandates (AB1236) requiring jurisdictions to streamline the permitting of electric vehicle charging stations.
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Summary
This amendment will implement state-mandated requirements relating to permits for electric vehicle charging stations. The code amendments will allow administrative approval of electric vehicle charging stations in all zones by amending the parking facility development standards to explicitly permit these facilities by right, and will include incentives to encourage their installation.
DISCUSSION
Background
Newly adopted state law requires local governments to approve applications for the installation of electric vehicle charging stations. The bill, known as AB 1236, added Government Code section 65850.7 to the state’s Planning and Zoning Law and requires cities and counties to approve applications for the installation of electric vehicle charging stations, except in very narrowly defined circumstances. The law also requires cities and counties with populations greater than 200,000 to adopt an ordinance by Sept. 30 that creates an expedited, streamlined permitting process for electric vehicle charging stations. The statute mandates that local governments administratively approve applications for electric vehicle charging stations through issuance of a building permit or similar nondiscretionary permit. Local review of an application is limited to a determination that it meets all local, state, and federal health and safety requirements, and local requirements are limited to only those necessary to ensure that the stations will not have specific, adverse impacts on public health or safety. Because of this, the City will only be able to require a use permit or deny a permit altogether in rare circumstances.
The law requires the city to adopt an ordinance and a checklist of all requirements that a charging station must comply with to be eligible for an expedited review. The ordinance must provide that the city must approve the application and issue all required permits if an application satisfies the requirements in the checklist and is consistent with the adopted ordinance. The new law requires the checklist and permitting requirements to be published on the city’s website, and mandates that local governments accept electronic application submissions and electronic signatures.
Currently, the Development Code defines service stations (fueling stations) in section 16.240.030 as permitting electric vehicle charging:
“Fueling Stations (Land Use). A retail business selling gasoline or other motor vehicle fuels for gasoline-powered vehicles or charging of electric vehicles, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair and towing, as well as minor, accessory retail sales. Includes gasoline stations and service stations. Does not include the storage or repair of wrecked or abandoned vehicles (“Recycling and waste facilities”); vehicle painting, body or fender work (“Auto and vehicle services-Major repair/body work”); trailer rental service (“Outdoor retail sales and activities”); or the rental of vehicle storage or parking spaces (“Auto and vehicle services-Parking facilities” and “Auto and vehicle services-Vehicle storage”).”
However, the code requires a discretionary Land Development Permit or Administrative Use Permit in most of the zones where the use is permitted, and electric vehicle charging in public parking lots or in private home garages is not addressed by the code.
Planning Commission
On August 25, 2016, a public hearing was held before the Planning Commission. The public hearing was noticed by publication in The Record pursuant to SMC 16.88. There were no public comments received in writing. The Planning Commission voted seven to zero to recommend City Council approval of the proposed ordinance.
Present Situation
Planning staff have prepared a proposed ordinance that permits electric vehicle charging stations in all required and non-required parking spaces, so that no discretionary permits or public hearings are required. The proposed ordinance adds a definition of “Electric vehicle charging station” recommended by the Governor’s Office of Planning and Research and also includes an incentive for the installation of electric vehicle charging stations by allowing a reduction in minimum parking requirements of two spaces for every electric vehicle charging space provided, up to a maximum reduction of 10 percent.
Adoption of the ordinance will satisfy the requirements of state law and also include an incentive for providing electric vehicle charging stations.
ENVIRONMENTAL REVIEW
The proposed SMC amendments are exempt from the California Environmental Quality Act (CEQA) under the “general rule” that CEQA applies only to projects that have the potential for causing significant environmental effects, as specified in Section 15061(b)(3). Approval of the required amendments will bring the City into compliance with state law and constitutes an administrative action that will not result in direct or indirect physical changes in the environment, and any future projects that would rely on these amendments will require further case-specific environmental review under CEQA.
FINANCIAL SUMMARY
This item involves the amendment of zoning regulations; there is no financial impact.
Attachment A - Proposed Ordinance - Redline Version