CC Ordinance No. 22-2244 amending Cupertino Municipal Code Chapter 16.28 establishing an expedited, streamlined permitting process for electric vehicle charging stations in compliance with AB 1236ORDINANCE NO. 22-2244
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL SETTING FORTH
PROCEDURES FOR EXPEDITING PERMITTING PROCESSING FOR ELECTRIC
VEHICLE CHARGING SYSTEMS
WHEREAS, the State of California and the City of Cupertino has consistently promoted
and encouraged the use of fuel-efficient electric vehicles; and,
WHEREAS, the State of California recent 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, in September 2018, the Governor of the State of California issued Executive
Order B-55-18, establishing a statewide goal to achieve carbon neutrality as soon as possible, and
no later than 2045, and achieve and maintain net negative emissions thereafter; and,
WHEREAS, on September 18, 2018 , the Cupertino City Council adopted a climate
emergency declaration, calling for a mobilization effort to end citywide greenhouse gas emissions
as quickly as possible, and recognizes the need for an organized and equitable transition away
from fossil fuels used in buildings and transportation; 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 of Cupertino's reliance on environmentally damaging fossil fuels.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. TITLE, WORDS, AND PHRASES
This Ordinance shall be known as the City Cupertino Electric Vehicle Charging Station
Permit Expediting Ordinance . The terms, phrases, and words used in this Ordinance shall be
constrned in compliance with the definitions set forth by California Government Code Section
65850.7.
SECTION 2 .
Chapter 16.28 of the Cupertino Municipal Code is hereby amended as set forth in
Attachment A.
SECTION 3 . SEVERABILITY AND CONTINUITY
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other section,
Ordinance No. 22-2244
Page 2
sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance . If any
se ction, s ub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is
held invalid, or its application to any person or circumstance, be detennined by a court of
competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares
that it would have adopted the remaining provisions of this ordinance irres p ec tive of such
portion, and further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated. To the extent the provisions
of this Ordinance are substantially the same as previous provisions of the Cupe rtino Municipal
Code, these provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
SECTION 4 . CALIFORNIA ENVIRONMENTAL QUALITY ACT
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, "CEQA") because it has
no potential for resulting in physical change in the environment. In the event that this Ordinance
is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the
action approved may have a significant effect on the environment. CEQA applies only to actions
which have the potential for causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action
would have no or only a de minimis effect on the environment. The Ordinance is also exempt
from CEQA under CEQA Guidelines section 15308, because it is a regulatory action for the
protection of the environment. The foregoing determination is made by the City Council in its
independent judgment.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 6. PUBLICATION
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Go vernment Code Section 36933, a summary of this Ordinance may be prepared by
the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in
the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of
the City Council members vo ting for and against the ordinance .
Ordinance No . 22-2244
Page 3
INTRODUCED at a regular meeting of the Cupertino City Council this 4th day of October,
2022; and ENACTED at a regular meeting of th e Cupertino City Council this 18 th day of Octobe r,
2022, b y the following vote:
Members of the City C0tmcil
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
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I ~
Darcy Paul, Mayor Date
City of Cupertino
ATTEST:
Date
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
Chrisfopher D. Jensen Nov 2, 2022
Christopher D. Jensen, City Attorney Date
11/4/22
Ordinance No. 22-2244
Page 4
ATTACHMENT A
CHAPTER 16.28: EXPEDITED PERMIT PROCESS FOR SMALL ROOFTOP SOLAR
SYSTEMS AND ELECTRIC VEHICLE CHARGING SYSTEMS
Section
16.28.010 Purpose and intent.
16.28.020 Definitions.
16.28.030 Applicability.
16.28.040 Requirements.
16.28 .050 Application and documents.
16.28.060 Permit review and inspection requirements.
16.28.010 Purpose and Intent.
The purpose of this Chapter is:
1) To adopt an expedited, streamlined solar permitting process that complies
with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to
achieve timely and cost-effective installations of small residential rooftop solar
energy systems. The Ordinance expands AB2188 to provide for timely and
cost-effective installations of solar panels on small multi-family and
commercial buildings. The Ordinance encourages the use of solar systems by
removing unreasonable barriers, minimizing costs to property owners and the
City, and expanding the ability of property owners to install solar energy
systems . The Ordinance allows the City to achieve these goals while
protecting the public health and safety. (Ord. 15-2133, part, 2015)
2) 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.
16.28.020 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the
meanings as defined in this section .
A. A "Solar Energy System" means either of the following:
1. Any solar collector or other solar energy device whose primary purpose is to
provide for the collection, storage, and distribution of solar energy for space heating,
space cooling, electric generation, or water heating.
2 . Any structural design feature of a building, whose primary purpose is to
provide for the collection, storage, and distribution of solar energy for electricity
generation, space heating or cooling, or for water heating.
B. A "small residential rooftop solar energy system" means all of the following:
Ordinance No . 22 -22 44
Page 5
1. A solar energy system that is a simple photovoltaic system no larger than 10
kilowatts or a solar thermal system no larger than 30 kilowatts thermal.
2 . A solar energy system that conforms to all applicable state fire, structural ,
electrical, and other building codes as adopted or amended by the City and all state and
local health and safety standards .
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or module array that does not exceed the maximum legal
building height as defined by the city .
C. A "small multi-family or commercial rooftop solar energy system " means all of the
following:
1. A solar energy system that is a simple photovoltaic system no larger than 10
kilowatts or 30 a solar thermal system no larger than kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural,
electrical, and other building codes as adopted or amended by the City and all state and
local health and safety standards .
3 . A solar energy system that is installed on a triplex , four-plex family dwelling or
on a commercial building no more than 10,000 square feet in size.
4. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City.
D. A "small rooftop solar energy system" either a "small residential rooftop solar energy
system" or a "small multi -family or commercial rooftop solar energy system ".
E. "Electronic submittal" means the util ization of one or more of the following:
1. Email;
2. The Internet;
3. Facsimile .
F. An "association " means a nonprofit corporation or unincorporated association created
for the purpose of managing a common interest development.
G . A "common interest development" means any of the following:
1. A community apartment project.
2 . A condominium project.
3. A planned development.
4 . A stock cooperative.
H . "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.
I. "Reasonable restrictions " on a solar energy system are those restrictions that do not
significantly increase the cost of the system or significantly decrease its efficiency or
Ordinance No . 22 -2244
Page 6
specified performance, or that allow for an alternative system of comparable cost ,
efficiency , and energy conservation benefits.
J . "Restrictions that do not significantly increase the cost of the system or decrease its
efficiency or specified performance" means:
1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an
amount exceeding 10 percent of the cost of the system, but in no case more than one
thousand dollars ($1 ,000), or decreasing the efficiency of the solar energy system by an
amount exceeding 10 percent, as originally specified and proposed.
2. For Photovoltaic Systems: an amount not to exceed one thousand dollars
($1,000) over the system cost as originally specified and proposed, or a decrease in
system efficiency of an amount exceeding 10 percent as originally specified and
proposed. (Ord . 15-2133, part, 2015)
K . ELECTRIC VEHICLE CHARGING STATION OR EVCS. Any level of electric vehicle
supply equipment station that is designed and built-in compliance with article 625 of the
California Electrical Code and delivers electricity from a source outside an electric
vehicle into a plug-in vehicle.
L. "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 the City on another similarly situated application in a prior successful
application for a permit. The City shall use its best efforts to ensure that the selected
method , condition , or mitigation meets the conditions of subparagraphs (A) and (B) of
paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions
that do not significantly increase the cost of the system or decrease its efficiency or
specified performance.
16 .28.030 Applicability.
A. This Chapter applies to the permitting of all Small Rooftop Solar Energy Systems and
Electric Vehicle Charging Systems in the City .
B. Small Rooftop Solar Energy Systems and Electric Vehicle Charging Systems legally
established or permitted prior to the effective date of this Ordinance are not subject to
the requirements of this Ordinance unless physical modifications or alterations are
undertaken that materially change the size , type, or components of a small rooftop
energy system in such a way as to require new permitting. Routine operation and
maintenance or like-kind replacements shall not require a permit.
16 .28 .0 40 Requi reme nts .
A. All solar energy systems and Electric Vehicle Charging St ations shall meet applicable
health and safety standards and requirements imposed by the State , the City, and
Santa Clara County Fire Department.
Or dinance No . 22 -2244
Page 7
B. Solar energy systems for heating water in single-family residences and for heating
water in commercial or swimming pool applications shall be certified by an accredited
listing agency as defined by the California Plumbing and Mechanical Code .
C . Solar energy systems for producing electricity shall meet all applicabie safety and
performance standards established by the California Electrical Code, the Institute of
Electrical and Electronics Engineers, and accredited testing laboratories such as
Underwriters Laboratories and , where applicable, rules of the Public Utilities
Commission regarding safety and reliability . (Ord . 15 -2133 , part , 2015)
D. Electric Vehicle Charging Stations shall meet all applicable safety and performance
standards established by the California Electric Code, the Society of Automotive
Engineers , the National Electrical Manufacturers Association, and the accredited testing
laboratories such as Underwriters Laboratories and, where applicable , rules of the
Public Utilities Commission regarding safety and reliability .
16.28.050 Application and Documents .
A. All documents required for the submission of an expedited solar energy system
application and for an EVCS permit application shall be made available on the City's
website.
B. Electronic submittal of the required permit application and documents shall be made
available to all small rooftop solar energy system permit applicants .
C. An applicant's electronic signature shall be accepted on all forms , applications , and
other documents in lieu of a wet signature .
D. The Building Official shall adopt a standard plan and checklist of all requirements
with which small rooftop solar energy systems shall comply to be eligible for expedited
review.
E. The Building Official shall provide a permit checklist for EVCS permit applications.
F. The small residential rooftop solar system permit process , standard plan(s), and
checklist(s) shall substantially conform to recommendations for expedited permitting ,
including the checklist and standard plans contained in the most current version of the
California Solar Permitting Guidebook adopted by the Governor's Office of Planning and
Research.
G . The small multi -family or commercial rooftop solar energy system permit process,
standard plan(s), and checklist(s) shall be developed by the Building Official.
H. All fees prescribed for the permitting of small rooftop solar energy system must
comply with Government Code Section 65850 .55 , Government Code Section 66015,
Ordinance No. 22 -2244
Page 8
Government Code Section 66016 , and State Health and Safety Code Section 17951 .
(Ord . 15-2133, part, 2015)
16.28.60 Permit Review and Inspection Requirements.
A The City shall adopt an administrative, nondiscretionary review process to expedite
approval of small rooftop solar energy systems and EVCS application of one to 25
stations at a single site . Upon receipt of a complete application which meets the
requirements of the approved checklist and standard plan, the City shall issue a building
permit or other nondiscretionary permit five business days for electronic applications.
For complete EVCS applications including 26 or more EVCS stations at a single site, a
permit shall be issued after ten business days for electronic applications.
B . Review of the application shall be limited to the building official's review of whether
the application meets local , state, and federal health and safety requirements .
C. The Building Official may deny an application for a permit for a small rooftop solar
energy system or EVCS if the Official makes written findings based upon substantive
evidence in the record that:
1. The proposed installation would have a specific, adverse impact upon public
health or safety; and
2. There is no feasible method to satisfactorily mitigate or avoid, as defined, the
adverse impact. Such findings shall include the basis for the rejection of the
potential feasible alternative for preventing the adverse impact.
D. Any condition imposed on an application shall be designed to mitigate the specific,
adverse impact upon health and safety at the lowest possible cost.
E. The City shall require only one inspection for small residential rooftop solar energy
systems eligible for expedited review. The City may require two inspections for small
multi-family or commercial rooftop solar energy systems if deemed necessary. A
separate fire inspection may be performed if the City does not have an agreement
with County of Santa Clara Fire Department to perform safety inspections on behalf
of the County of Santa Clara Fire Department.
F. The inspection(s) shall be done in a timely manner and should include consolidated
inspections. An inspection will be scheduled within two (2) business days of a
request and provide a two-hour inspection window on the day of the inspection .
G. If a small rooftop solar energy system fails inspection a subsequent inspection is
authorized but need not conform to the requirements of this Ordinance. (Ord . 15-
2133, part, 2015)
16.28.070 Appeals .
Ordinan ce No . 22-2244
Pag e 9
Any final decision of the Building Official made pursuant to this Chapter may be
appealed by filing a request for appeal, in writing , with a description of the grounds for
appeal. The request for appeal must be made within ten (10) business days of the
serving or mailing of the building official 's determination. A hearing shall be scheduled
within thirty (30) days before the Planning Commission. If the appeal is not filed within
the time specified above , the applicant shall be deemed to waive the right to appeal.
Ordinance 22-2244 -Electric Vehicle (EV)
Charging Systems
Final Audit Report 2022-11-02
Created : 2022-11-02
By: Araceli Alejandre (aracelia@cupertino .org)
Status : Signed
Transaction ID: CBJCHBCAABAA_v1JifNgK0D9Aozj9iiEhJ4NZokdlL 1
"Ordinance 22-2244 -Electric Vehicle (EV) Charging Systems"
History
~ Document created by Araceli Alejandre (aracelia@cupertino.org)
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00 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
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00 Document e-signed by Christopher D . Jensen (christopherj@cupertino.org)
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 22-2244 which
was enacted on October 18, 2022 and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 4th day of November 2022.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California