453086.2
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW ADDING CHAPTER 15.11, ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGENFUELING STATIONS, AND CHAPTER 15.05, HEARINGS AND APPEALS,
TO THE BARSTOW MUNICIPAL CODE
WHEREAS, California Government Code Section 65850.7 requires that every city and county adopt an ordinance establishing an expedited, streamlined permitting process for electric vehicle charging stations and hydrogen-fueling stations; and WHEREAS, the City Council recognizes the importance of the creation of an expedited, streamlined, and cost-effective permitting process for electric vehicle charging stations and hydrogen-fueling stations; and
WHEREAS, the City Council desires to facilitate convenient charging of electric vehicles and help reduce the community' s reliance on fossil fuels; and WHEREAS, staff has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.
NOW, THEREFORE, the City Council of the City of Barstow does ordain as follows:
SECTION I: Chapter 15.11, Electric Vehicle Charging Stations and Hydrogen-Fueling Stations, is hereby added to Title 15, Buildings and Construction, of the City of Barstow Municipal Code to read as follows:
Chapter 15.11 – ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN-FUELING
STATIONS
Sections
15.11.010 Definitions.
15.11.020 Purpose.
15.11.030 Applicability.
15.11.040 Station requirements.
15.11.050 Duties of the building official.
15.11.060 Permit review requirements.
15.11.070 Permit application timelines.
15.11.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) “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 Electrical Code as of the effective date of Government Code section 65850.7 and delivers electricity from a source outside an electric vehicle into a plug-in vehicle. 453086.2
(b) “Electronic submittal” means the utilization of one or more of either electronic mail, the internet, or facsimile.
(c) “Hydrogen-fueling station” means the equipment and structural design components necessary to ensure the safety of the fueling station, including hydrogen-refueling canopies, that are used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that are open to the public. (d) “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.
Feasible methods to satisfactorily mitigate or avoid the specific adverse impact include, but are not limited to, any cost-effective methods, conditions, or mitigations imposed by the city on other similarly situated applications in a prior successful application for a similar permit.
15.11.020 Purpose.
The purpose of this ordinance is to create an expedited, streamlined electric vehicle charging station and hydrogen-fueling station permitting process that complies with Government Code sections 65850.7 and 65850.71, and to achieve timely and cost-effective installations of such stations.
15.11.030 Applicability.
This chapter applies to the permitting of all electric vehicle charging stations and hydrogen-fueling stations in the city. Electric vehicle charging stations and hydrogen-fueling stations legally established or permitted prior to the effective date of 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 electric vehicle charging station or hydrogen-fueling station in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.
15.11.040 Station requirements.
(a) Electric vehicle charging stations.
(1) All 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, or rules of the Department of Food and Agriculture regarding safety, reliability, weights, and measures.
(2) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
(3) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
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(b) Hydrogen-fueling stations.
(1) All hydrogen-fueling stations shall meet all applicable safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories, and where applicable, rules of the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.
(2) All hydrogen-fueling stations shall satisfy either of the following:
a. The parcel is zoned for industrial or commercial development and does not contain any residential units; or
b. The parcel was previously developed with a service station, meaning any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.
15.11.050 Duties of the building official.
(a) All documents required for submission of an electric vehicle charging station and hydrogenfueling station applications shall be made publicly available on the city's website. (b) The City shall maintain a checklist of all requirements with which electric vehicle charging stations and hydrogen-fueling stations shall comply to be eligible for expedited review. (c) The electric vehicle charging station and hydrogen-fueling station permit process and checklist(s) shall substantially conform to recommendations contained in the most current versions of the Governor's Office of Planning and Research and/or Governor's Office of Business and Economic Development’s (GO-Biz) Electric Vehicle Charging Station Permitting Guidebook or Hydrogen Station Permitting Guidebook. (d) The building official shall allow the electronic submittal of the electric vehicle charging station or hydrogen-fueling station application.
15.11.060 Permit review requirements.
(a) Review of the permit application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements. The application shall be administratively reviewed by the building official as a nondiscretionary permit.
(b) The city shall not condition approval of an application on the approval of an association, as that term is defined by Civil Code Section 4080.
(c) An application for an electric vehicle charging station or hydrogen-fueling station shall be deemed complete and the permit available for issuance, when the building official determines that the application satisfies all the requirements found in the checklist, pursuant to Section 15.11.050(B).
(d) If an application is deemed incomplete, a written plan check correction notice will be available to the applicant within ten (10) working days after the submission of the application to the city, detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be given to the applicant for resubmission.
(e) The building official, in consultation with the city manager, may require an applicant to apply for a conditional use permit if the building official finds, based on substantial evidence, that the electric vehicle charging station or hydrogen-fueling station could have a specific 453086.2
adverse impact upon the public health and safety. The building official's decision to require a conditional use permit may be appealed by the applicant to the planning commission pursuant to Section 15.05.020 (Appeals of administrative action). (f) If a conditional use permit is required, the application for the conditional use permit may be denied if the planning commission makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the specific adverse impact. Such decisions may be appealed to the city council pursuant to Section 15.05.030 (Appeals of planning commission action).
15.11.070 Permit application timelines for electric vehicle charging stations. (a) An application for twenty-five (25) or fewer electric vehicle charging stations at a single site shall be deemed complete if after five (5) business days the building official has not found the application to be complete or issued a written deficiency notice containing the following information:
(1) Details regarding the changes needed to make the application consistent with the city’s electric vehicle charging station permit checklist; and (2) Identification of specific information necessary for the building official to conduct a limited review of whether the project meets all health and safety requirements. (b) An application for more than twenty-five (25) electric vehicle charging stations at a single site shall be deemed complete if after ten (10) business days the building official has not found the application to be complete or issued a written deficiency notice containing the information required pursuant to subsections (A)(1) and (A)(2) of this section. (c) If not already approved or denied pursuant to the requirements of Section 15.11.060 (Permit review requirements), an application for twenty-five (25) or fewer electric vehicle charging stations at a single site shall be deemed approved twenty (20) business days after it was deemed complete, provided:
(1) The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station(s) could have a specific adverse impact upon the public health or safety;
(2) The building official has not required the applicant to apply for a use permit as specified in subsection E of Section 15.11.060 (Permit review requirements); and (3) An appeal has not been made to the planning commission pursuant to Section
15.05.020 (Appeals of administrative action).
(d) If not already approved or denied pursuant to the requirements of Section 15.11.060 (Permit review requirements), an application for more than twenty-five (25) electric vehicle charging stations at a single site shall be deemed approved forty (40) business days after it was deemed complete if:
(1) The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station(s) could have a specific adverse impact upon the public health or safety;
(2) The building official has not required the applicant to apply for a use permit as specified in subsection E of Section 15.11.060 (Permit review requirements); and 453086.2
(3) An appeal has not been made to the planning commission pursuant to Section
15.05.020 (Appeals of administrative action).
SECTION II: Chapter 15.05, Hearings and Appeals, is hereby added to Title 15, Buildings and Construction, of the City of Barstow Municipal Code to read as follows:
Chapter 15.05 – HEARINGS AND APPEALS
Sections:
15.05.010 Notice required.
15.05.020 Appeals of administrative action.
15.05.030 Appeals of planning commission action.
15.05.010 Notice required.
A. Notice of any public hearing required under the terms of this title shall be given at least ten (10) days prior to the first hearing by at least one publication in a newspaper of general circulation within the city, or, if there is no newspaper of general circulation, notice shall be posted in at least three public places in the city, and by the U.S. Mail, postage prepaid, to all persons whose name and address appear on the latest adopted tax roll as owning property within a distance of not less than three hundred (300) feet from the exterior boundaries of the real property subject to the hearing.
B. Any defect or error appearing in such notice shall not divest the planning commission or city council of jurisdiction nor invalidate any proceedings.
15.05.020 Appeals of administrative action.
All interpretations and decisions of the city staff authorized by this title are subject to appeal.
Appeals of any administrative interpretation or decision shall be made by filing a written appeal with the city clerk. Such appeal shall be accompanied by the applicable fee provided in the fee schedule currently in effect in the city. The planning commission shall hear and decide on the appeal within forty-five (45) days of filing the appeal and shall make findings supporting their decision on the matter.
15.05.030 Appeals of planning commission action.
(a) In case the applicant or others affected are not satisfied with the action of the planning commission, they may within ten (10) calendar days after rendition of the commission’s decision appeal in writing to the city council. All such appeals shall be filed with the city clerk and shall be accompanied by the applicable fee provided in the fee schedule currently in effect in the city.
(b) The city council will conduct the appeal as a de novo hearing and shall render its decision within forty-five (45) days after the conclusion of said hearing. The city council may reverse, set aside, affirm, amend, or modify the action of the planning commission, provided that the actions of the council are consistent with the general plan and are in compliance with city code. The council may also refer said matter back to the planning commission or staff for additional consideration or to obtain additional information. (c) The decision of the city council shall be final on all matters. (d) No building permit shall be issued in any case where a conditional use permit is required by the terms of this title until after the period allowed for appeal. In the event of an appeal no such permit shall be granted until the matter has been finally approved by the city council. 453086.2
Building permits issued pursuant to this chapter shall conform to the terms and conditions of the conditional use permit granted.
SECTION III: FINDINGS: Because there is not substantial evidence, in light of the whole record before the City, that this ordinance would have a significant impact on the environment, the City Council determined that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
SECTION IV: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase of this ordinance irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION V: EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after its passage, and within fifteen (15) days after its adoption it shall be posted in three public places in the City of Barstow in accordance with Government Code Section 36933.
PASSED AND ADOPTED this ____ day of _____________ 2026, at a regular meeting of the City of Barstow City Council by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Timonthy R. Silva, Mayor
ATTEST:
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Andrea Flores, City Clerk
APPROVED AS TO FORM:
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Andrew L. Jared, City Attorney