6380ORDINANCE NO. 6 3 8 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADDING CHAPTER 15.05 TO TITLE 15 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING TO ELECTRIC
VEHICLE CHARGING STATIONS AND DETERMINING
THAT SAID ORDINANCE IS NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF
TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS.
WHEREAS, pursuant to the City's police power, as granted broadly under
Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim
("Anaheim") has the authority to enact and enforce ordinances and regulations for the public
peace, morals and welfare of Anaheim and its residents; and
WHEREAS, by the passage of Assembly Bill No. 1236 ("AB 1236") in 2015, the
State Legislature amended Section 65850.7 of the California Government Code to require every
city, county, or city and county with a population over 200,000 residents to adopt an ordinance
that creates an expedited, streamlined permitting process for "electric vehicle charging stations";
and
WHEREAS, AB 1236 also requires every city and county to administratively
approve electric vehicle charging stations in an expedited and timely manner, and it prohibits a
city and county from denying an application for use permit unless it makes certain written
findings; and
WHEREAS, the Anaheim City Council desires to enact this ordinance for the
purpose of protecting public health and safety by prescribing minimum standards for the use,
design and installation of electric vehicle charging stations and by requiring a permit and
inspection for installation, alteration and replacement of said equipment; and
WHEREAS, pursuant to CEQA and the State of California Guidelines for
Implementation of the California Environmental Quality Act (commencing with Section 15000
of Title 14 of the California Code of Regulations), the City is the "lead agency" for the
preparation and consideration of environmental documents for this ordinance; and
WHEREAS, the Anaheim City Council finds and determines that this ordinance
is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the Title 14 of the
California Code of Regulations because it will not result in a direct or reasonably foreseeable
indirect physical change in the environment and is not a project; and
WHEREAS, the Anaheim City Council determines that this ordinance is a valid
exercise of the local police power and in accord with the goals and intent of AB 1236 and the
public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS.
The Anaheim City Council hereby finds and determines that the above recitals are
true and correct and incorporated herein.
SECTION 2. ENVIRONMENTAL REVIEW.
The Anaheim City Council hereby determines that this ordinance is not subject to
CEQA because the adoption of this ordinance is not a "project" pursuant to Section
15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations.
Specifically, this ordinance only establishes a streamline process for electric vehicle
charger permits and is merely authorizes administrative activities which will not result in a
direct or reasonably foreseeable indirect physical change in the environment. The Anaheim
City Council hereby directs the City Manager or designee to prepare and file a Notice of
Exemption as soon as possible following adoption of this ordinance.
SECTION 3. ELECTRIC VEHICLE CHARGING STATIONS.
That new Chapter 15.05 be, and the same is, hereby added to Title 15 of the Anaheim
Municipal Code to read in full as follows:
Sections:
"CHAPTER 15.05 ELECTRIC VEHICLE CHARGING STATIONS
15.05.010
Title.
15.05.020
Definitions.
15.05.030
Administration.
15.05.040
Applicability and Charging Stations Requirements.
15.05.050
Application Procedures.
15.05.060
Rules Governing Permit Issuance.
15.05.070
Appeals — Building Official Decisions.
15.05.080
Entry Upon Premises — When Authorized.
15.05.010 TITLE.
This chapter is known as the "Electric Vehicle (EV) Charging Station Ordinance," may
be cited as such, and will be referred to herein as "this Chapter".
15.05.020 DEFINITIONS.
The definitions contained in this section shall govern the construction, meaning and
application of words and phrases used in this Chapter and, unless specifically defined in this
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section, words or phrases used in this Chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this Chapter the most reasonable application.
.010 "Application Checklist" means that checklist with the application requirements of
the City for Charging Stations which is in substantial conformance with that checklist contained
in 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 Office of Planning and Research.
.020 "Building Official" means the Building Official of the City of Anaheim or the
person designated by the Building Official as the person responsible for administering the
provisions of this Chapter.
.030 "Charging Station Permit" means a permit for an Electric Vehicle Charging Station
issued administratively by the Building Official.
030 "City" means the City of Anaheim located in California.
.040 "Electric Vehicle Charging Station" or "Charging Station" has the meaning set
forth in California Government Code section 65850.7, as may be amended from time to time.
.050 "Electronic submittal" has the meaning set forth in California Government Code
section 65850.7, as may be amended from time to time.
.060 "Public Utilities Department" means the Public Utilities Department of the City of
Anaheim.
.070 "Specific, Adverse Impact" has the meaning set forth in California Government
Code section 65850.7, as may be amended from time to time.
15.05.030 ADMINISTRATION.
The Building Official is authorized to administer the provisions of this Chapter. The
Building Official shall have approval authority for applications to install, alter and replace
Electric Vehicle Charging Stations through the issuance of a building permit or similar
nondiscretionary permit.
15.05.040 APPLICABILITY AND CHARGING STATION REQUIREMENTS.
.010 This Chapter applies to the permitting of all Electric Vehicle Charging Stations in
the City.
.020 All Electric Vehicle Charging Stations shall require a permit issued in accordance
with Section 15.05.040 of this Chapter. It shall be unlawful for any person to install, operate, or
maintain an Electric Vehicle Charging Station without such a pen -nit for such work, and the
permit shall be secured from the Building Official by the owner or the owner's agent.
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Notwithstanding the foregoing, any Electric Vehicle Charging Station established or permitted
prior to the effective date of this Chapter shall not require a permit issued under Section .040 of
this Chapter unless physical modifications or alterations are undertaken that materially change
the size, type, or components of the Electric Vehicle Charging Station. Routine operation and
maintenance or like -kind replacements of the components of an Electric Vehicle charging Station
shall not be considered a material change.
.030 Any Electric Vehicle Charging Station system erected, constructed, installed,
altered, replaced or to which additions are made shall comply with all of the provisions of all
applicable health and safety standards and requirements of local, state and federal law, including
but not limited to, the Anaheim Municipal Code. Electric Vehicle Charging Stations shall also
meet all applicable safety and performance standards established by Chapter 15.03 of the
Anaheim Municipal Code, the Society of Automotive Engineers, the National Electrical
Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories
and, the Electric Rates, Rules, and Regulations of the Public Utilities Department.
.040 Any permit approvals, which are granted pursuant to the provision of this
Chapter, shall not authorize an applicant to connect the Electric Vehicle Charging Station to the
electricity grid of the Public Utilities Department. Any such connection shall be governed by the
Electric Rates, Rules and Regulations of the Public Utilities Department.
15.05.050 APPLICATION PROCEDURES.
.010 Every application to the Building Official for the installation, alteration and
replacement of an Electric Vehicle Charging Station shall be in writing and contain the
information set forth in the Application Checklist and such other information as the Building
Official may reasonably require to carry out the purpose of this Chapter. The checklist and
required permitting documentation shall be available on the City's website.
.020 The applicant may submit the permit application and associated documentation to
the Building Division of the City by personal, mailed, or electronic submittal together with any
required permit processing and inspection fees. In the case of electronic submittal, the electronic
signature of the applicant on all forms, applications and other documentation may be used in lieu
of a wet signature. In connection with each permit application, an applicant shall:
.01 Verify to the Building Official's reasonable satisfaction through the use of
standard engineering evaluation techniques that the support structure for the Electric Vehicle
Charging Station is stable and adequate to transfer all wind, seismic, and dead and live loads
associated with the system to the ground; and
.02 At the applicant's cost, verify to the Building Official's reasonable
satisfaction using standard electrical inspection techniques that the existing electrical system
including existing line, load, ground and bonding wiring as well as main panel and subpanel
sizes are adequately sized, based on the existing electrical system's current use, to carry all new
electrical loads.
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.030 If the Building Official determines an application for an Electric Vehicle
Charging Station satisfies the information requirements of Subsection .010 of Section 15.05.050
of this Chapter, the Building Official will deem the application complete. If the Building Official
receives an incomplete application, the Building Official will issue a written correction notice
detailing all deficiencies in the application and any additional required information. After the
Building Official determines an application for a Charging Station is complete, the Building
Official will process the application for permit review in accordance with Section 15.05.060 of
this Chapter.
15.05.060 RULES GOVERNING PERMITS ISSUANCE.
.010 The Building Official will review a completed application and determine whether
to issue a Charging Station Penult. The Building Official will issue the Charging Station Permit;
provided, the Building Official determines proposed installation meets all of the requirements set
forth in subsection .030 of Section 15.05.040 and will not have a Specific, Adverse Impact upon
the public health and safety.
.020 If the Building Official determines, based on substantial evidence, that the
Electric Vehicle Charging Station could have a Specific, Adverse Impact upon the public health
and safety, the Building Official shall make written findings to support this determination and
may require the applicant to apply for a conditional use permit pursuant to the provisions of
Chapter 18.60 (Procedures) of the Anaheim Municipal Code or an administrative use permit
should one be adopted in the future for Electric Vehicle Charging Stations. The decision of the
Building Official on an application for a Charging Station becomes final unless the decision is
appealed to the Planning Commission pursuant to the provisions of Section 15.05.070 of this
Chapter.
.030 If a Building Official requires a conditional use permit, the Planning Commission
shall approve an application for a conditional use permit to install an Electric Vehicle Charging
Station; provided the Planning Commission is able to make the findings set forth in Section
18.66.060 of the Anaheim Municipal Code and the Planning Commission determines there are
feasible methods to satisfactorily mitigate or avoid Specific, Adverse Impact upon public health
and safety. 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
Planning Commission may impose such conditions upon the issuance of a use permit that are
designed to mitigate the Specific, Adverse Impact upon the public health and safety at the lowest
cost possible. If the Planning Commission determines there are not feasible methods to
satisfactorily mitigate or avoid Specific, Adverse Impact upon public health and safety, the
Planning Commission may deny the application for a conditional use permit; provided, it makes
written findings to support such determination. The findings shall also include the basis for the
rejection of potential feasible alternatives of preventing the Specific, Adverse Impact. The
decision of the Planning Commission may be appealed to the City Council in accordance with
Chapter 18.60 of the Anaheim Municipal Code.
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15.05.070 APPEALS — BUILDING OFFICIAL DECISIONS.
.010 Initiation of Appeal. An appeal may be filed by the applicant for a Building
Official decision made under Section 15.05.060.
.020 Application. An application for appeal shall be made in writing and shall be filed
with the Planning and Building Department during normal business hours. The application must
clearly identify the appellant(s) and shall specify the decision appealed from and the reasons for
appeal.
.030 Timeframes. An appeal must be filed within ten (10) days subsequent to the
decision of the Building Official.
040 Fees. Fees shall be paid as specified in Chapter 18.80 (Fees) of this Code.
.050 Notification and Hearing. Appeals shall be subject to the notification and hearing
requirements specified in Section 18.60.100 (Notice of Public Hearing) of Title 18 of the
Anaheim Municipal Code.
.060 Withdrawal of Appeal. An appeal to the Planning Commission may be
withdrawn by the party who filed the appeal, provided the withdrawal is submitted in writing to
the Planning and Building Department prior to or at the Planning Commission public hearing. If
a valid withdrawal is submitted, the decision of the Building Official shall stand as the final
decision at the end of the original appeal period.
15.05.080 ENTRY UPON PREMISES — WHEN AUTHORIZED.
.010 The Building Official shall have access to the premises described in a permit for
the Electric Vehicle Charging Station in order to inspect the progress of the work.
.020 In the event of any default in the performance of any term or condition of the
permit, the Building Official, or any person employed or engaged on his behalf, shall have the
right to go upon the premises to complete the required work or to remove or demolish the
Electric Vehicle Charging Station.
.030 No person shall interfere with nor obstruct the ingress or egress to or from any
such premises of any authorized representative or agent of the City engaged in the work of
completing, demolishing or removing any Electric Vehicle Charging Station for which a permit
has been issued, after a default has occurred in the performance of the terms or conditions
thereof."
SECTION 4. SEVERABILITY.
The Anaheim City Council hereby declares that should any section, paragraph, sentence,
phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of
the Anaheim City Council that it would have adopted all other portions of this ordinance
C.9
independent of the elimination herefrom of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The Anaheim City Council hereby declares that it would have passed
this ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 5. SAVINGS CLAUSE; CONTINUITY.
Neither the adoption of this ordinance nor the repeal of any other ordinance of Anaheim
shall in any manner affect the prosecution for violations of ordinances which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. To the extent the provisions of
this ordinance are substantially the same as ordinance provisions previously adopted by Anaheim
relating to the same subject matter, the provisions of this ordinance shall be construed as
restatements and continuations of those provisions and not as new enactments or amendments of the
earlier provisions.
SECTION 6. INTENT TO COMPLY WITH LAWS.
The Anaheim City Council intends this ordinance to supplement, not to duplicate or
contradict, applicable state and federal law, and this Ordinance shall be construed in light of that
intent.
SECTION 7. CERTIFICATION; PUBLICATION BY CLERK.
The Anaheim City Clerk shall certify to the passage of this ordinance and shall cause this
ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the
Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of
Anaheim.
SECTION 8. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
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THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on thel 3thday of September , 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the 27th day of
September , 2016, by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: V2---- -
MAYOR OF THE CITY OF ANAHEIM
ATT
ESQ
CITY CLERK OF THE CITY Of ANAHEIM
CLERK'S CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6380 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 13th day of September, 2016, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 27th day of September, 2016, by the
following vote of the members thereof:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of September, 2016.
(SEAL)
0
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
October 6, 2016
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: October 6, 2016
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
SUMMARY PUBLICATION
• CITY OF ANAHEIM
ORDINANCE NO. 6380
AN ODINANCE
CHAPTER 15 05100TITI THE
,15 F THE ANAHEIM MUNICIPAL ODE ERTAIN NG ro
ELECTRIC VEH1Ot,E CHARGING STATIONS AND BASED UPON THE FINDING AND
DETERMINI ,TH,AT'SAtD ORDINANCE IS' NOT SUBJECT TO THE CALIFORNIA
ENVIRONM AL QUALITY ACT (CN EQA) PURSUANT TO SECTIO15064(C)(2)
AND 15060(C)(3) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS.
This ordinance amends Title 15 of the Anaheim Municipal Code by adding Chapter 15.05
(Electric:,Vehr Otharging Stationsl for the purpose of prescribing minimum standards for
Od
thha u agign,;and irtetallafipn of electric vehicle charging stations. This ordinance galso
sations"itrr 8 eootd'anoe GOith #kieQsntandatds alnd �equlremants of Sectloln 6585017 of therCal
fornia Government Coda, Tfyig oMiance also oreates an experiited, streamlined perm t -
ting process for GettaIn electric `vehicle charging stations, as required bygssembly Bill No.
1236, ty
Linda N.
k of the Cl
1,
ummary of O di e No. 6380, whichfordi ani a was introm do duced certify
regulathe �rmeetngisof
the City Council f a City of Anaheim on the 13th day of $s member, 2016 and was duly
passed and adopted at a regular meeting of said Council on ther27th' day of September,
2016 by the following roll tall vote of #* members thereof:
AYES:. Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt
NOES: None
ABSENT:None
ABSTAIN: None
The above summary is a brief'description of the subject matter co ta66� �t1 �g xt of' Or-
dinance,No. 6380, which has been prepared iK tintta SectlanFSCheiter'ofthe
Ci of Anaheim. Fttfs, summa does not inappt��i� describe,eve,% p4bbislon of the ordi-
nance and should not be relied on as a substdu't& f0t 11e full teM of the ordinance.
To obtain a copy of the full text of the ordinance please contact the Office of the City;
Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
118901
Publish: Anaheim Bulletin October 6, 2016 102031 1 13