HomeMy WebLinkAboutORD NO 4861ORDINANCE NO. G 8 6
AN ORDINANCE ENACTING CHAPTER 15.58 TO TITLE 15
OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
ELECTRIC VEHICLE CHARGING STATIONS AND
EXPEDITED BUILDING PERMIT PROCESS FOR ELECTRIC
VEHICLE CHARGING STATIONS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 15.58 of the Bakersfield Municipal Code is hereby enacted to
read as follows:
TITLE 15 BUILDINGS AND CONSTRUCTION
CHAPTER 15.58 ELECTRIC VEHICLE CHARGING STATIONS AND EXPEDITED BUILDING
PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
Sections:
15.58.010 Definitions.
15.58.020 Purpose.
15.58.030 Applications and documents.
15.58.040 Applicability.
15.58.050 Regulations.
15.58.060 Permit review requirements.
15.58.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears
from the context, the words set out in this section shall have the following
meanings:
A. 'Building director" means the chief building official, or a regularly
authorized deputy.
B. "Electric vehicle charging station" means any level of electric
vehicle supply equipment station that is designed and built in compliance with
Article 625 of the California Electric Code, as it reads on the effective date of
this section, and delivers electricity from outside an electric vehicle into a plug -
in electric vehicle.
C. "Electronic submittal' means the utilization of electronic e -mail or
submittal via the internet. eakF
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OFAIGINAL
D. 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 on another similarly situated application in a
prior successful application for a permit.
E. "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.
15.58.020 Purpose.
The purpose of the chapter is to provide an expedited, streamlined
building permit process that complies with state law in order to achieve timely
and cost - effective installations of electric vehicle charging stations.
15.58.030 Applications and documents.
A. All documents required for the submission of an expedited electric
vehicle charging station building permit application shall be made available
on the city website.
B. Electronic submittal of the required building permit application
and documents by email, or the internet when in operation shall be made
available to all electric vehicle charging station permit applicants.
C. The building director shall adopt a checklist of all requirements with
which electric vehicle charging stations shall comply to be eligible for
expedited review.
D. The electric vehicle charging stations permit process and checklist
shall substantially conform to recommendations for expedited permitting,
including the 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' adopted by the Governor's
Office of Planning and Research.
15.58.040 Applicability.
A. This section applies to the issuance of building permits for electric
vehicle charging stations in the city.
B. Electric vehicle charging stations legally established or permitted prior
to the effective date of the ordinance codified in this chapter are not subject
to the requirements of this chapter unless physical modifications or alterations
are undertaken that materially change the size, type, or components of an
electronic vehicle charging station. Routine operation and maintenance or
like -kind replacements for electric vehicle charging stations shall not require a
permit.
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ORIGINAL
15.58.050 Regulations.
A. All electric vehicle charging stations shall meet applicable health
and safety standards and requirements imposed by the state and the city.
B. Electric vehicle charging stations shall meet all applicable safety and
performance standards established by the California Electrical Code, 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.
15.58.060 Permit review requirements.
A. The building director shall issue a building permit, the issuance of
which is nondiscretionary, for complete applications that meet all the
requirements.
B. If an application is deemed incomplete, the building director shall
issue a written correction notice to the applicant detailing all deficiencies in
the application, and any additional information or documentation or payment
of fees required to be eligible for expedited permit issuance shall be sent to the
applicant for resubmission.
C. The building director may require an applicant to apply for a
conditional use permit if the director finds, based on substantial evidence, that
the electric vehicle charging station could have a specific, adverse impact
upon the public health and safety. Such decisions may be appealed to the
city planning commission.
D. If a conditional use permit is required, the city may deny such
application if it makes written findings based upon substantive evidence in the
record that the proposed installation would have a specific, adverse impact
upon public health or safety and there is no feasible method to satisfactorily
mitigate or avoid the adverse impact. Such findings shall include the basis for
the rejection of the potential feasible alternative for preventing the adverse
impact. Such decisions may be appealed to the city planning commission.
E. Any condition imposed on an application shall be designed to
mitigate the specific, adverse impact upon health and safety at the lowest
possible cost.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council SEP 1 B th City of Bakersfield at a regular meeting thereof held on
by the following vote:
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CAYEP COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
S: COUNCILMEMBER: nI CYVL
A&STAIN: COUNCILMEMBER: I DeslL
®E COUNCILMEMBER: PAf IPY
ROBERTA GAFFORD, CA#
CITY CLERK and EX OF !'100 10 Clerk of the
Council of the City of Bakersfield
APPROVED: SEP 2 8 1016
By:
HARVEY L. HALL, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By. �" /Y". '�// !�� —
VIRIDIANA GALLARDO -KING V
Associate City Attorney 0
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield,
and that on the 30th day of September, 2016 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4861, passed by the
Bakersfield City Council at a meeting held on the 28th day of September, 2016 and
entitled:
AN ORDINANCE ENACTING CHAPTER 15.58 TO TITLE 15 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO ELECTRIC VEHICLE
CHARGING STATIONS AND EXPEDITED BUILDING PERMIT
PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS.
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEP TY City Clerk
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