AN ORDINANCE ENACTING CHAPTER TO TITLE 15 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
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1 ORDINANCE NO. G 8 6 AN ORDINANCE ENACTING CHAPTER 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 of the Bakersfield Municipal Code is read as follows: hereby enacted to TITLE 15 BUILDINGS AND CONSTRUCTION CHAPTER ELECTRIC VEHICLE CHARGING STATIONS AND EXPEDITED BUILDING PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS Sections: Definitions Purpose Applications and documents Applicability Regulations Permit review requirements 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. o` eakf 9sf swovry «n «eaiririasaecsowao. Page 1 of 4 Pages -- OFAIGINAL
2 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 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 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 , 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 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. mmurvc \wanirinsse.eva rom Page 2 of 4 Pages -- U AKF9 O
3 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 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 L\ GOOrvGi\ PmVFT6WE GSOmFnWO+ O Page 3 of 4 Pages gake T mo
4 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted City of Bakersfield at a regular meeting thereof held on SEP 1 B by the following vote: by the Council CAYEP COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER S: COUNCILMEMBER: ni CYVL A&STAIN: COUNCILMEMBER: I DeslL E COUNCILMEMBER: PAf IPY APPROVED: SEP ROBERTA GAFFORD, CA# CITY CLERK and EX OF!'100 Clerk of the Council of the City of Bakersfield By: HARVEY L. HALL, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By. " / Y". '//! VIRIDIANA GALLARDO -KING Associate City Attorney V 0 VGK: dll /lsc sncau +rnmans., is.o.,. cs aeru `` Page 4 of 4 Pages -- ' gakf9 op1
5 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) ss. 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 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 S'. \DOCUMENTFORMSWOP. ORD. Wpd
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