2017/09/12 City Council Ordinance 909ORDINANCE NO. 909
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, ADDING
CHAPTER 15.34, "ELECTRIC VEHICLE CHARGING STATIONS REVIEW
PROCESS," TO TITLE 15 OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, the City is responsible for local enforcement of the California Building
Standards Code; and
WHEREAS, the State of California and the City of Rohnert Park have consistently
promoted and encouraged the use of fuel-efficient electric vehicles; and
WHEREAS, the State of California recent adopted legislation the added Government
Code Section 65850.7, which requires local agencies to adopt an ordinance that creates an
expedited and streamlined permitting process for electric vehicle charging systems; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle
charging stations would facilitate convenient charging of electric vehicles and help reduce the
City's reliance on environmentally damaging fossil fuels; and
WHEREAS, local jurisdictions responsible for enforcement of the California Building
Standards Code must enact local administrative regulations in order to implement the California
Building Standards Code; and
WHEREAS, it is necessary to authorize the Building Official to require that licensed
building contractors perform specified work when public health and safety is at risk; and
WHEREAS, nothing in this ordinance is intended to duplicate, contradict, or enter a field
which has been fully occupied by state law, including the California Building Standards Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, does hereby ordain as follows:
SECTION 1. FINDINGS
The City Council finds that:
A. A public meeting introducing the proposed amendments to the Municipal Code was held
by the City Council on August 22, 2017.
B. In accordance with CEQA Guidelines, Section 15061(b)(3), this is not a project subject to
CEQA in that there is no possibility that the activity in question may have a significant
effect on the environment.
C. This ordinance is enacted pursuant to and in compliance with Health & Safety Code
Sections 17958.5, 17958.7, and as expressly permitted in Government Code Section
50022.2, to make local amendments to the California Building Standards Code.
D. While it is clearly understood that the adoption of the amendments to the Codes and the
adoption of Ordinances may not prevent the incidence of fire, it is noted the implementation
of these various amendments will reduce the severity and potential loss of life and loss of
property.
SECTION 2. CHAPTER 15.34
The following shall be added to the Rohnert Park Municipal Code as Chapter 15.34:
Chapter 15.34 - Electric Vehicle Charging Stations Review Process
15.34.010 - Definitions.
The following words and phrases as used in this section are defined as follows:
A. "Electric Vehicle Charging Station (EVCS)" or "Charging Station" means any means
any of the following:
a. Any level of electric vehicle supply equipment station that is designed and built
in compliance with Article 625 of the California Electrical Code, as it reads on
the effective date of this Chapter, and delivers electricity from a source outside
an electric vehicle into a plug-in electric vehicle.
b. One or more electric vehicle charging spaces served by electric vehicle
charger(s) or other charging equipment allowing charging of electric vehicles.
Electric vehicle charging stations are not considered parking spaces.
B. "Electric Vehicle (EV)" means an automotive -type vehicle for on -road use, such as
passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric
motorcycles, and the like, primarily powered by an electric motor that draws current from
a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric
current. Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For
purposes of the California Electrical Code, off-road, self-propelled electric vehicles, such
as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment,
C. "Electric Vehicle (EV) Charger" means off -board charging equipment used to charge an
electric vehicle.
D. "Electric Vehicle Charging Space (EV Space)" means a space intended for future
installation of EV charging equipment and charging of electric vehicles.
E. "Electric Vehicle Supply Equipment (EVSE)" means the conductors, including the
ungrounded, grounded, and equipment grounding conductors and the electric vehicle
connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus
installed specifically for the purpose of transferring energy between the premises wiring
and the electric vehicle.
F. "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.
G. "Electronic Submittal" means the utilization of one or more of the following:
a. Electronic mail or email.
b. The internet.
c. Facsimile.
Ord. 909 Page 2 of 6
H. "Electric Vehicle (EV) Checklist" means a document containing objective requirements
for the installation of an electric vehicle charging station and a process for electronic
submittal of permit applications. The content of the checklist requires the permit applicant
to check the features of the existing electrical service such as rating in amperes, system
voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating
of the electric vehicle supply equipment, circuit rating of the electric vehicle supply
equipment, location of the electric vehicle supply equipment, if ventilation is/or is not
required, and clearances of the charging equipment to comply with all applicable building
and fire safety laws. The checklist also assists the applicant in confirming that the location
of the electric vehicle supply equipment will comply with any vehicle clearance
requirements in the City's Zoning Ordinance.
15.34.020 - Purpose.
The purpose of this section is to provide an expedited, streamlined permitting process for EVCS
as required by California Government Code Section 65850.7.
15.34.030 - Applicability.
EVCS 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 the EVCS in such a way as to require new
permitting. Routine operation and maintenance shall not require a permit.
15.34.040 - EVCS requirements.
A. All EVCSs shall meet applicable health and safety standards and requirements
imposed by the state and the city.
B. EVCSs shall meet all applicable safety and performance standards established by the
California Electrical Code as modified by this Title, 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.
C. Prior to submitting an application for processing, the applicant shall verify that the
installation of an electric vehicle charging station will not have specific, adverse impact to
public health and safety and building occupants. Verification by the applicant includes but
is not limited to: electrical system capacity and loads; electrical system wiring, bonding
and overcurrent protection; building infrastructure affected by charging station equipment
and associated conduits; areas of charging station equipment and vehicle parking.
15.34.050 - Applications and required documents.
A. All applications will be subject to Chapter 15.04 General Provisions and Penalties of
this Title.
B. All documents required for the submission of an expedited EVCS application shall
be made available on the city's website.
C. Applications for EVCS permits, and any supporting documents, may be submitted by
email, facsimile, or the internet.
Ord. 909 Page 3 of 6
D. An applicant's electronic signature shall be accepted on all forms, applications, and
other documents in lieu of a wet signature.
E. The City Manager or designee shall implement an EV checklist with all of the
requirements for which EVCS shall comply to be eligible for expedited review.
F. The EVCS permit process, standard plans and checklist shall substantially conform
to recommendations for expedited permitting contained in the most in the most
current version of the "Plug -In Electric Vehicle Infrastructure Permitting Checklist"
of the "Zero -Emission Vehicles in California: Community Readiness Guidebook" as
published by the Governor's Office of Planning and Research, in effect at the time of
permit application.
15.34.060 - Permit review and inspection requirements.
A. An application that satisfies the information requirements in the checklist provided
under Section 15.34.050(e) and (f), as determined by the building official, shall be
deemed complete.
B. If the building official receives an incomplete application, the building official shall
issue a written correction notice detailing all deficiencies in the application and any
additional information required to be eligible for expedited permit issuance.
C. Upon confirmation by the building official of the application and supporting
documentation being complete, the building official shall review the application. The
building official's review of the application shall be limited to whether the
application meets local, state and federal health and safety requirements. The
requirements of local law shall be limited to those standards and regulations
necessary to ensure that the EVCS will not have a specific, adverse effect on the
public health or safety.
D. The building official shall require the applicant to apply for an administrative permit
pursuant to Section 15.04.040 et seq. of the Rohnert Park Municipal Code if the
building official makes a finding based on substantial evidence that the EVCS could
have a specific, adverse impact upon the public health and safety. Any conditions
imposed on an administrative permit shall be designed to mitigate the specific,
adverse impact upon public health and safety at the lowest cost possible. The
decision to require an administrative permit may be appealed to the planning
commission.
E. The city may not deny an application for an administrative permit to install an EVCS
unless it 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. The findings shall include the basis for the rejection of
potential feasible alternatives of preventing adverse impact. The decision to deny an
administrative permit may be appealed to the planning commission.
F. Upon confirmation that the application is complete and that the EVCS will not have a
specific, adverse impact upon the public health or safety, the building official shall
approve the application and issue all the necessary permits and authorizations.
Ord. 909 Page 4 of 6
G. Any condition imposed on an application shall be designed to mitigate the specific,
adverse impact upon health and safety at the lowest possible cost.
H. The city shall not condition approval of an application on the approval of an
association.
I. Only one inspection shall be required and performed by the building division for
EVCS eligible for expedited review, which shall be scheduled within three business
days of a request.
J. If EVCS fails inspection, a subsequent inspection is authorized but need not conform
to the requirements of subsection 1.
15.34.070 - Fees.
Permit and plan check fees for EVCS shall be set forth by Building Plan Check, Inspection and
Permit Fees for circuits. Such fees shall comply with Government Code Sections 65850.7, and
any other applicable state laws."
SECTION 3. SEVERABILITY
Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared
unconstitutional or invalid for any reason, such declaration shall not affect the validity of the
remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
This ordinance shall go into effect thirty (30) days after its adoption and shall be published or
posted as required by law.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.]
Ord. 909 Page 5 of 6
This ordinance was introduced by the Council of the City of Rohnert Park on August 22, 2017 and
adopted on September 12, 2017 by the following roll call vote:
AYES:Four (4) Councilmembers Ahanotu, Belforte, Stafford and
Mayor Mackenzie
NOES: None (0 )
ABSENT: One (1) Councilmember Callinan
ABSTAIN: None (0 )
CITY OF ROHNERT PARK
Jake Mackenzie, M
ATTEST:
�r 7
oAnne M. Buergler, City Cle
M1
ichelle Marchetta Kenyon, City Attorney
Ord. 909 Page 6 of 6
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
STATE OF CALIFORNIA )
ss
County of Sonoma )
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No. 909.
SUMMARY OF ORDINANCE NO. 909 OF THE CITY OF ROHNERT PARK,
CALIFORNIA, TO ADD CHAPTER 15.34, "ELECTRIC VEHICLE CHARGING
STATIONS REVIEW PROCESS," TO TITLE 15 OF THE ROHNERT PARK
MUNICIPAL CODE
was published on August 25, 2017 and September 15, 2017, as required by law, and
posted in five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on August 23, 2017 and September 13, 2017.
r
Ii ( , 7�
i ned
Subscribed and-- sworn t before me this ISS day of Se-131-(.1"} -C ( Z%a t
NA
Caitlin Saldanha, Deputy City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No.909
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a
newspaper of general circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that
The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code;its status as such newspaper of general circulation having been established by
Court Decree No.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1
thereof;and as provided by said Section 6000,is published for the dissemination of local and telegraphic news and
intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not devoted to the
interest,or published for the entertainment or instruction of a particular class,profession,trade,calling,race or denomination,
or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all said
times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in type
not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and
expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,
Summary of Ordinance No.909"of which the annexed is a printed copy,was published in said newspaper at least_1
consecutive time(s),commencing on the 15 day of September,2017 and ending on the 15 day of September,2017.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 15 day of September,2017 at Rohnert Park,California
Signed SUMMARY OF ORDINANCE NO.AMIE CITY OF ROHNERT PARK,
CALIFORNIA,TO ADD CHAPTER 15.34,"ELECTRIC VEHICLE CHARGING
STATIONS REVIEW PROCESS,"TO TITLE 15 OF
THE ROHNERT PARK MUNICIPAL CODE
2 Pursuant to Government Code section 36933(c),the following constitutes a summary of
Ordinance No.909 introduced by the Rohnert Park City Council on August 22,2017,and
scheduled for consideration of adoption on September 12,2017,at its meeting to be held
in the City Council Chamber,at 130 Avram Avenue,Rohnert Park,California.
Claudia Smith Chief Clerk
The purpose of this Ordinance No.909 is to promote and encourage the use of electric
vehicles by creating an expedited,streamlined permitting process for electric vehicle
charging stations while promoting public health and safety and preventing specific ad-
verse impacts in the installation and use of such charging stations. This Ordinance is
also purposed to comply with California Government Code Section 65850.7.
A certified copy of the full text of Ordinance No.909 is posted and available for review in
the City Cleric's Office at 130 Avram Avenue,Rohnert Park,California. Copies are also
available for review in the Development Services Department at the same address.
This ordinance shall be in full force and effect on October 12,2017,no less than 30 days
after its adoption,and shall be published and posted as required by law.This ordinance
was introduced by the City Council of the City of Rohnert Park on the 22nd day of August
and was adopted on September 12,2017 by the following vote:
AYES: Four (4) Councilmembers Ahanotu,Belforte,Stafford,and
Mayor Mackenzie
NOES: None (0)
ABSENT: One (1) CouncilmemberCallinan
ABSTAIN: None (0)
DATED: September 13,2017 ^ JoAnne Buergler
3UBLISHED:September 15,2017 ' 4,r City Clerk
lie Community Voice
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summery of Ordinance No.909
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a
newspaper of general circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that
The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code;its status as such newspaper of general circulation having been established by
Court Decree No.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. I
thereof;and as provided by said Section 6000,is published for the dissemination of local and telegraphic news and
intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not devoted to the
interest,or published for the entertainment or instruction of a particular class,profession,trade,calling,race or denomination,
or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all said
times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in type
not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and
expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,
Summary of Ordinance No.909"of which the annexed is a printed copy,was published in said newspaper at least_1
consecutive time(s),commencing on the 25 day of August,2017 and ending on the 25 day of August,2017.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 25 day of August,2017 at Rohnert Park,California
Signed
(1 ,I SUMMARY OF ORDINANCE N0.909 OF THE CITY OF ROHNERT PARK �
d J.,% G lam, i CALIFORNIA,TO ADD CHAPTER 15.34,"ELECTRIC VEHICLE CHARGING
'` STATIONS REVIEW PROCESS,"TO TME 15 OF THE
Claudia Smith Chief Clerk ROHNERT PARK MUNICIPAL CODE
Pursuant to Government Code section 36933(C),the following constitutes a summary of
Ordinance No.909 introducetiond by the Rohnert Park City Council on August 22,
enc 2011,and
of adoption on September 12,2017,at its meeting to be held
ihthe Cityeduled Councilfor Chamberconsidera ,at 130 Avram Avenue,Rohnert Park,California.
purpose of this Ordinance No.909 is to promote and encourage the use of electric
vehicles by creating an expedited,streamlined permitting process for electric vehiclcific ad-
The
e
charging stations
theiwhlenstallation promoand use of such charging stations. This Ordinance is
ting public health and safety and preventing spe
versealso impurposepacts in d to comply with California Government Code Section 65850.7.
A certified copy of the full text of Ordinance No.909 is posted and available for reviewarealso in
the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California. Copies
available for reviewwas in the Development Services Department at the same addonress.
This ordinance introduced by the City Council of the City of Rohnert Park August
22,2017.
JoAnne Buergler
Dated:August 23,2017 City Clerk
ra
Published:August 25,2017
The Community Voice _ -- -