HomeMy WebLinkAboutOrd 1946ORDINANCE NO. 1946
AN ORDINANCE ADDING SECTION 18.07.140 TO THE BURLINGAME MUNICIPAL CODE
REGARDING THE IMPLEMENTATION OF STATEWIDE STANDARDS FOR THE
INSTALLATION OF ELECTRIC VEHICLE CHARGING STATIONS
The City Council of the City of Burlingame hereby ordains as follows:
Division 1. Title 18 of the Burlingame Municipal Code is amended, adding
Chapter 18.07 Section 140, Electric Vehicle Charging Stations, to read as follows:
Chapter 18.07.140
PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
Sections:
18.07.140.010
Purpose.
18.07.140.015
Definitions.
18.07.140.020
Applicability.
18.07.140.025
Electric vehicle charging station requirements.
18.07.140.030
Submittal requirements.
18.07.140.035
Plan review, permit, and inspection requirements.
18.07.140.010 Purpose
The purpose of this chapter is to adopt an expedited, streamlined permitting
process for electric vehicle charging stations that complies with Cal. Gov't Code §
65850.7 to achieve timely and cost-effective processing of applications for the
installation of electric vehicle charging stations. The Ordinance encourages the use of
electric vehicle charging stations by removing unreasonable barriers, minimizing costs
to property owners and the City, and expanding the ability of property owners to install
electric vehicle charging stations. The Ordinance allows the City to achieve these goals
while protecting the public health and safety.
18.07.140.015 Definitions.
"Electric vehicle charging station(s)" or "charging station(s)" means any level of
electric vehicle supply equipment station that is designed and built in compliance with
California Code of Regulations, Title 24 Part 3 California Electrical Code Article 625, as
it reads on the effective date of this Ordinance or as it may be amended, and delivers
electricity from a source outside an electric vehicle into a plug-in electric vehicle.
"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.
18.07.140.020 Applicability.
This Ordinance applies to the permitting of all electric vehicle charging stations in
the city. Electric vehicle charging stations legally established or permitted prior to the
effective date of this Ordinance are not subject to the requirements of this Ordinance
unless physical modifications or alterations are undertaken that materially change the
size, type, or components of a pre-existing charging station in such a way as to require
new permitting. Routine operation and maintenance shall not require a permit.
18.07.140.025 Electric vehicle charging stations requirements.
All electric vehicle charging stations shall meet applicable health and safety
standards and requirements imposed by the state and the City.
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 and other applicable laws and
regulations regarding safety and reliability.
18.07.140.030 Submittal requirements.
All documents required for the submission of an electric vehicle charging station
application shall be made available on the City's website. Electronic submittal of the
required permit application and documents by facsimile shall be made available to all
electric vehicle charging station permit applicants. Because the City does not have an
adopted electronic signature protocol as of the time of the adoption of this ordinance, an
electronic signature cannot be accepted in lieu of a wet signature on the application.
However, as soon as the City adopts such a protocol, electronic signatures will be
accepted on charging station applications, and the City's website and application
materials will be updated accordingly.
The City's Building Division shall adopt a checklist of all requirements with which
the electric vehicle charging stations shall comply to be eligible for expedited review.
The electric vehicle permit process, standard(s), and checklist(s) may substantially
conform to recommendations for permitting, including the checklist and standards
contained in the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the
"Zero -Emission Vehicles in California: Community Readiness Guidebook" published by
the California State Office of Planning and Research.
For purposes of calculating permit fees under the City's adopted Master Fee
Schedule, the value to be used in computing the electric vehicle charging station permit
and plan review shall be the total value of all construction work for which the permit is
issued as well as any other equipment. The determination of value or valuation under
any of the provisions of this Ordinance shall be made by the Building Official.
18.07.140.035 Plan review, permit, and inspection requirements.
The Building Official shall implement an administrative review process to
expedite approval of electric vehicle charging stations. Only permits or approvals that
conform to all applicable provisions of this Title and Title 18, including Design Review,
shall be issued. The Building Official or designated staff members shall make
determinations of conformance. Where the application meets the requirements of the
approved checklist and standards and there are no specific, adverse impacts upon
public health or safety, the Building Division shall complete the building permit approval
process, which is nondiscretionary. Review of the application for electric vehicle
charging stations shall be limited to the Building Official's review of whether the
application meets local, state, and federal health and safety requirements.
The Building Official may require an applicant to apply for an "electric vehicle
charging station use permit" if the Building Official makes written findings that the
proposed electric vehicle charging stations could have a specific, adverse impact upon
the public health and safety. The Building Official's decision may be appealed to the
City Planning Commission.
If an electric vehicle charging station use permit is required, the Building Official
may only deny an application for the electric vehicle charging station use permit if the
official makes written findings based upon substantial 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. The Building Official's decision may be appealed to
the City Planning Commission.
If the Building Official issues 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.
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.
If an application is deemed 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 shall be sent to the applicant for
resubmission. A separate fire inspection may be performed by the Central County Fire
Department, if required.
Division 2. Severability. If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council does hereby
declare that it should have adopted the Ordinance and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
Division 3. This Ordinance, or a summary as applicable, shall be published as
required by law and shall become effective 30 days Yrreafter. j
Ortiz, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby
certify that the foregoing ordinance was introduced at a regular meeting of the City Council
held on the 2nd day of October, 2017, and adopted thereafter at a regular meeting of the City
Council held on the 16th day of October, 2017, by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
TAieaghan Hassel -Shearer, City Clerk