ORDINANCE 1555 ORDINANCE NO. 1555
AN ORDINANCE AMENDING TITLE 13 OF THE EL SEGUNDO
MUNICIPAL CODE BY ADDING CHAPTER 21 TITLED "PERMIT
PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS."
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1. The City Council finds and declares as follows:
A. Government Code § 65850.7 provides that the implementation of consistent
statewide standards to achieve the timely and cost-effective installation of electric
vehicle charging stations is a matter of statewide concern.
B. California law requires cities with populations of less than 200,000 to adopt an
expedited, streamlined electric vehicle charging station permitting process that
complies with Government Code § 65850.7 on or before September 30, 2017.
C. The City Council desires to increase the statewide deployment of electric vehicle
charging stations, remove obstacles to and minimize the costs of permitting for
electric vehicle charging stations, improve the state and City's ability to reach its
clean energy goals, and generate jobs, while protecting public health and safety.
SECTION 2. A new chapter 21 titled "Permit Process for Electric Vehicle Charging
Stations," is added to Title 13 of the EI Segundo Municipal Code to read as follows:
"CHAPTER 21: PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING
STATIONS
13-21-1. Purpose.
13-21-2. Definitions.
13-21-3. Applicability.
13-21-4. Electric Vehicle Charging Station Requirements.
13-21-5. Application and Documents.
13-21-6. Permit Review Requirements; Appeals.
13-21-7. Fees.
13-21-1. Purpose.
This Chapter is adopted to provide an expedited, streamlined permitting process
for Electric Vehicle Charging Stations, as defined, that will encourage the timely
and cost-effective installation of such stations, in compliance with Government
Code § 65850.7. This Chapter is intended to achieve these goals while protecting
public health and safety.
ORDINANCE No. 1555
Page 2 of 6
13-21-2. Definitions.
Unless the contrary is stated or clearly appears from the context, the following
definitions will govern the construction of the words and phrases used in this
Chapter:
"Building Official" or "Official" means the City's building official or designee.
"Electric Vehicle Charging Station" or"Charging Station" means an electric vehicle
supply equipment station, of any level, that delivers electricity from a source
outside an electric vehicle into a plug-in electric vehicle and is designed and built
in compliance with 24 California Code of Regulations §§ 625.1, et seq., as it reads
on the effective date of this Chapter, or as it may be amended.
"Nonconforming Charging Station" means any Charging Station that was lawfully
established and in compliance with all applicable laws at the time it was installed,
but which, due to enactment of this Chapter, no longer complies with all the
applicable regulations and standards of the zone in which the property is located.
"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 City found
the Electric Vehicle Charging Station application complete.
13-21-3. Applicability.
A. Except for any Charging Station located on publicly-owned property, this
Chapter applies to the permitting of all Charging Stations in the City.
B. Unless modified after the effective date of this Chapter, a Nonconforming
Charging Station is exempt from this Chapter. The routine operation and
maintenance of such Nonconforming Charging Station, or like-kind
replacements, do not require a permit.
13-21-4. Electric Vehicle Charging Station Requirements.
A. All Electric Vehicle Charging Stations must meet all applicable health and
safety standards and requirements, as set forth in federal, state, county, and
municipal codes and regulations.
B. Electric Vehicle Charging Stations must meet all applicable safety and
performance standards established by applicable law including, without
limitation, the Society of Automotive Engineers, the National Electrical
Manufacturers Association, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
ORDINANCE No. 1555
Page 3 of 6
13-21-5. Application and Documents.
A. All documents required for the submission of a Charging Station application will
be made available on the City's website and at City Hall.
B. Applicants may submit the required permit application and documents by
submitting them either via electronic mail or the Internet or by delivering them
to the Planning and Building Department. An applicant's electronic signature
will be accepted on all forms, applications, and other documents in lieu of a wet
signature.
C. The Building Official, or designee, will adopt a checklist of all requirements with
which the Charging Stations must comply to be eligible for expedited review.
The electric vehicle permit process, standard(s) and checklist(s) must
substantially conform to recommendations for permitting of the "Zero-Emission
Vehicles in California: Community Readiness Guidebook" published by the
Office of Planning and Research, including the checklist and standards
contained in the "Plug-in Electric Vehicle Infrastructure Permitting Checklist."
D. If the Building Official deems the application incomplete, a written correction
notice detailing all deficiencies in the application and any additional information
or documentation required to be eligible for expedited permit issuance must be
sent to the applicant within 10 days after submission of the application.
13-21-6. Permit Review Requirements; Appeals.
A. Review of an Electric Vehicle Charging Station Permit application is limited to
whether the application meets local, state, and federal health and safety
requirements, and whether the Charging Station poses any specific, adverse
impact on public health or safety. If the application meets the requirements of
the approved checklist and standards, and the proposed Charging Station does
not pose any specific, adverse impact upon public health or safety, the Building
Official must approve the application and issue any required, nondiscretionary
permits.
B. If the Building Official determines, based on the application, that the proposed
Charging Station could have a specific, adverse impact upon the public health
and safety, the Building Official may require an "Electric Vehicle Charging
Station Use Permit." The permit may include conditions designed to mitigate
the specific, adverse impact upon health and safety at the lowest possible cost.
C. The Building Official must notify an applicant whether the application has been
approved and that a nondiscretionary permit will be issued, or, alternatively,
whether the applicant must obtain an Electric Vehicle Charging Station Use
Permit, within 30 days after the submission of a complete application.
ORDINANCE No. 1555
Page 4 of 6
D. An application for an Electric Vehicle Charging Station can only be denied if the
Building Official finds 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 the adverse impact. These findings must be
presented in writing, must include the basis for the rejection of the potential
feasible alternative for preventing the adverse impact, and must be based upon
substantial evidence in the record.
E. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact
may include, but is not limited to, any cost-effective method, condition, or
mitigation imposed by the City on a prior successful application for an Electric
Vehicle Charging Station Use Permit, where the proposed Charging Station is
similarly situated to the Charging Station in that prior successful application.
F. Any decision by the Building Official made pursuant to this Chapter may be
appealed to the Board of Appeals in accordance with the California Building
Code, as adopted and amended by Title 13, Chapter 1 of this Code.
13-21-7. Fees.
The applicant must pay to the City an application fee. Such fee will be fixed and
established by the City Council from time to time by resolution."
SECTION 3. Environmental Review. The Ordinance is exempt from additional
review under the California Environmental Quality Act (Public Resources Code §§
21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§
15000, et seq.) because it establishes rules and procedures in compliance with recently-
enacted State law; does not involve any commitment to a specific project which could
result in a potentially significant physical impact on the environment; and constitutes an
organizational or administrative activity that will not result in direct or indirect physical
changes in the environment. Accordingly, the Ordinance does not constitute a "project"
that requires environmental review(see specifically CEQA Guidelines § 15378(b)(2, 5). In
addition, because the Ordinance is proposed, in part, for protection of the environment, it
is exempt from further review under CEQA Guidelines § 15308.
SECTION 4. Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 5. Severability, If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 6. The City Clerk, or her duly appointed deputy, is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the City of EI
ORDINANCE No. 1555
Page 5 of 6
Segundo's book of original ordinances; make a note of the passage and adoption in the
records of this meeting; and, within fifteen (15) days after the passage and adoption of
this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 7. This Ordinance will take effect on the 31st day following its final
passage and adoption.
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1555 this 5th day of
September, 2017.
Suzanne Fuentes, Mayor
ATTEST:
(J)&W -
fracy'WeaveY, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, Cit, 'i ttyrney
ORDINANCE No. 1555
Page 6 of 6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1555 was duly introduced by said City Council at a regular meeting held
on the 15th day of August, 2017, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 5th day of September, 2017, and the same was so
passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tem Boyles, Council Member Brann, Council
Member Dugan, and Council Member Pirsztuk
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this �� I day of September,
2017.
ftT y Weaver, City Clerk
of the City of EI Segundo,
California