Chapter 15.05 — ELECTRONIC VEHICLE CHARGING STATIONS

Sections:

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.

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”. (Ord. 6380, §3 (part); September 27, 2016.)

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 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. (Ord. 6380, § 3 (part); September 27, 2016.)

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. (Ord. 6380, § 3 (part); September 27, 2016.)

.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 Section15.05.040 of this Chapter. It shall be unlawful for any person to install, operate, or maintain an Electric Vehicle Charging Station without such a permit for such work, and the permit shall be secured from the Building Official by the owner or the owner’s agent. 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. (Ord. 6380, §3 (part); September 27, 2016.)

.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.

.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. (Ord. 6380, § 3 (part); September 27, 2016.)

.010 The Building Official will review a completed application and determine whether to issue a Charging Station Permit. 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. (Ord. 6380, §3 (part); September 27, 2016.)

.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. (Ord. 6380, §3 (part); September 27, 2016.)

.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. (Ord. 6380, §3 (part); September 27, 2016.)