2022/06/28 City Council Ordinance 968 AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 968.
Ordinance No. 968, an Ordinance of the City Council of the City of Rohnert Park,
California, Repealing and Replacing Chapter 15.34, "Electric Vehicle Charging
Stations Review and Installation Requirements" of the Rohnert Park Municipal Code
was published on 6/17/2022 and 7/1/2022 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 Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 6/17/2022 and 7/1/2022.
The summary of Ordinance No. 968 was published in the Community Voice on 6/17/2022 and
7/1/2022 as required by law.
Sylvia Lopez Cuevas, City Clerk
Subsscribed and sworn to before me this July 13, 2022
Elizabeth Machado, Assistant City Clerk
ROHNERTFADE(
CERTIFICATION OF PUBLICATION IN JUN 2 7 2022
"The Community VOICE"
(Published every Friday) CITY CLERK
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. 968
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 notice #968 of which the annexed is a printed copy, was published in said newspaper at least 2 consecutive time(s), commencing on
thel7 day of June, 2022 and ending on the a 17 day of June, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 17 day of June, 2022 at Rohnert Park, California
sig,ts03
Claudia Smith Chief Clerk
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ROHNERT PARK
CERTIFICATION OF PUBLICATION IN JUL 7 2022
"The Community VOICE"
(Published every Friday) CITY CLE`"`
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. 968
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 notice #968" of which the annexed is a printed copy, was published in said newspaper at least 2 consecutive time(s), commencing on
the 1 day of July 2022 and ending on the a 1 day of July, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 1 day of July, 2022 at Rohnert Park, California
Sign
Claudia Smith Chief Clerk
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ORDINANCE NO. 968
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, REPEALING
AND REPLACING CHAPTER 15.34, "ELECTRIC VEHICLE CHARGING STATIONS
REVIEW AND INSTALLATION REQUIREMENTS" 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, Government Code Section 65850.7 requires local agencies to adopt an
expedited and streamlined permitting process for electric vehicle charging systems; and
WHEREAS, on September 17, 2017, the City Council adopted Ordinance 909, adding
Section 15.34 to the Municipal Code, in order to comply with Government Code Section 65850.7;
and
WHEREAS, AB 841, adopted in September 2020, among other things added Section
740.20 to the California Public Utilities Code, which section requires, with limited exceptions,
that all electric vehicle charging infrastructure that is funded in part by the Public Utilities
Commission, the Energy Commission, and the State Air Resources Board on and after January 1,
2022, be installed by a contractor with the appropriate license classification, as determined by the
Contractors' State License Board, and at least one electrician on each crew, at any given time,
who holds an Electric Vehicle Infrastructure Training Program (EVITP) certification; and
WHEREAS, on March 22, 2022, the City Council directed to staff to develop an
ordinance that would require EVITP certification on city-funded projects, similar to the
requirements of AB 841 for state-funded projects; and
WHEREAS, in order to implement the City Council's direction, staff has reviewed
Chapter 15.34 and is recommending that the City Council repeal and replace the section in order
to provide for an updated electric vehicle charging station process that conforms to both City
Council direction and best practices for streamlined permitting; and
WHEREAS,maintaining an expedited,streamlined permitting process for electric vehicle
charging stations facilitates safe and convenient charging of electric vehicles and help reduce the
City's reliance on environmentally damaging fossil fuels; 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 June 14, 2022.
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. 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
Rohnert Park Municipal Code as Chapter 15.34 is repealed and replaced in its entirety to read as
set forth below.
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, "Electric Vehicle (EV) Charger" means off-board charging equipment used
to charge an electric vehicle.
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 Infrastructure Training Program (EVITP) means the training program
developed by automobile manufacturers, utilities, energy storage device manufacturers,
electrical contractors, state and local electrical inspectors, the national fire protection
agency and electrical workers that incorporates technical requirements, safety imperatives
and performance integrity for the installation of Electric Vehicle Supply Equipment or EV
Ordinance No. 968
2
charging stations, electric recharging points, charging points, as such program may be
modified from time to time.
F. "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.
G. "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.
H. "Electronic Submittal" means the utilization of one or more of the following:
a. Electronic mail or email.
b. Through an online permitting system.
c. Facsimile.
I. "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 evaluate 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
Ordinance No.968
3
laboratories such as Underwriters Laboratories and, where applicable, rules of the
Public Utilities Commission regarding safety and reliability.
C. Installation of electric vehicle charging stations and associated wiring, bonding,
disconnecting means and overcurrent protection devices shall meet the requirements of
Article 625, as may be subsequently modified, and all applicable provisions of the
California Electrical Code.
D. 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.
E. 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 through an online permitting system.
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.
Ordinance No. 968
4
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 may deny the building permit 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, and may require application for an
conditional use under Section 17.25.010. Any conditions imposed shall be designed
to mitigate the specific, adverse impact upon public health and safety at the lowest
cost possible. The decision to deny the building permit and require an administrative
permit may be appealed to the building board of appeals.
E. The city may not deny an application for a conditional use 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.
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.
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 a property-
owner's association, as defined in Section 4080 of the Civil Code.
I. EVCS are subject to inspection in accordance with applicable provisions of the
California Building Code. Construction of the EVCS shall remain visible and able to
be accessed for inspection until approved.
J. If EVCS fails inspection, a subsequent inspection shall be required by the building
official.
15.34.70—Contractor requirements for City-funded projects.
A. All electrical vehicle infrastructure work on projects which are constructed with funds
provided or administered by the City, in whole or in part, shall be installed by contractors
holding the appropriate license classification required by the Contractors State License
Board, and electricians performing such work shall hold certification from the Electric
Vehicle Infrastructure Training Program in accordance with the following:
1. All of the installation, commissioning, and maintenance of electric vehicle
charging stations, equipment and related infrastructure (the "EV Work") shall be
performed in accordance with the following requirements:
Ordinance No. 968
5
a. At a minimum, one job-site supervisor or job-site foreman supervising the
EV Work at each job site shall hold EVITP certification and be a licensed
electrician.
b. The EV work shall be performed only by duly licensed electricians.
Apprentices may assist.
c. A minimum of fifty percent(50%) of the licensed electricians performing
the EV Work on each job site shall hold EVITP certification.
d. The ratio of journeymen to apprentices shall comply with applicable
requirements under state law.
e. No EVITP certification shall be required of apprentices.
f. All apprentices assisting on the EV Work shall be registered in an
apprenticeship program compliant with California Department of
Industrial Relations regulations and approved by the Division of
Apprenticeship Standards, and which has a graduation rate of at least 60%.
2. Contractors performing EV Work shall maintain written or electronic records
regarding the performance of EV Work including the names of all EVITP
electrician(s) who performed the EV Work. Said records shall be made available
to EVITP, and/or City upon request.
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.
This ordinance was introduced by the City Council of the City of Rohnert Park on June 14,
2022 and DULY AND REGULARLY ADOPTED this 28th day of June, 2022 by the following
roll call vote:
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ABSENT:C ) Zero
ABSTAIN:(0)2e -o
CITY OF ROHNERT PARK
Ja e Elwar , ayor
Ordinance No. 968 _
6
ATTEST:
izab th Machado, Deputy City Clerk
APPROVED T R,1✓l:
rchetta Kenyon, City Attorney
Ordinance No. 968
7