HomeMy WebLinkAboutOrdinances - No. 1945ORDINANCE NO. 1945
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 15 —
BUILDINGS AND CONSTRUCTION — BY ADDING
CHAPTER 15.15, "ELECTRIC VEHICLE CHARGING
STATION STREAMLINED PERMITTING PROCESS"
WHEREAS, the Lodi City Council seeks to comply with Government Code section
65850.7 to achieve timely and cost-effective installations of electric vehicle charging stations;
and
WHEREAS, the City Council wishes to advance the use of electric vehicles by all of its
citizens, businesses, and industries; and
WHEREAS, the City Council seeks to meet the climate action goals set by the City of
Lodi and the State of California; and
WHEREAS, the City Council recognizes the importance of the use of electric vehicles
and the need for charging stations for its residents and businesses; and
WHEREAS, it is in the interest of the health, welfare, and safety of the citizens of the
City of Lodi to provide an expedited permitting process to encourage smart climate choices.
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 15 — Buildings and Construction is hereby amended by
adding Chapter 15.15, "Electric Vehicle Charging Station Streamlined Permitting Process," and
shall read as follows:
Chapter 15.15
Electric Vehicle Charging Station Streamlined Permitting Process
15.15.010 Purpose.
15.15.020 Applicability.
15.15.030 Definitions.
15.15.040 Requirements.
15.15.050 Application and Documents.
15.15.060 Permit Review Requirements.
15.15.070 Fees.
15.15.080 Appeals — Decisions of the Building Official
15.15.010 Purpose.
The purpose of this ordinance is to create an expedited, streamlined electric vehicle charging
station permitting process that complies with Government Code section 65850.7 to achieve
timely and cost-effective installation of electric vehicle charging stations within the City.
15.15.020 Applicability.
A. This chapter applies to the permitting of all electric vehicle charging stations in the City.
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B. 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 an electric vehicle charging station in such a way as to require a new permit.
15.15.030 Definitions.
A. For the purpose of this Chapter, words and terms shall be defined as set forth in this
Section. Where words and terms are not defined in this Section, they shall be interpreted so
as to give them the meaning they have in common usage and to give this Chapter the most
reasonable application.
B. An "Electric Vehicle Charging Station" means the following:
1. 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 section, and delivers electricity from a source outside an electric vehicle into
a plug-in electric vehicle.
C. "Electronic Submittal" means the utilization of the following:
1. Any computer-based electronic plan review software maintained, operated, and utilized
by the City while receiving applications through the internet.
D. "Specific Adverse Impact" means the following:
1. 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.
15.15.040 Requirements.
A. All electric vehicle charging stations shall meet all applicable health and safety standards and
the requirements imposed by the State and the City, local fire department, and electric utility
department.
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.
C. Electric vehicle charging stations must demonstrate compliance with the City's Electric Utility
interconnection policies prior to approval of an application by the Building and Safety Division
of the Community Development Department.
15.15.050 Application and Documents.
A. All documents required for the submission of an expedited electric vehicle charging station
application shall be made available on the publicly -accessible City website.
B. Electronic submittal of the required permit application and documents through City -utilized
computer-based software shall be made available to all electric vehicle charging station
permit applicants.
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C. An applicant's electronic signature shall be accepted on all forms, applications, and their
documents in lieu of a wet signature.
D. The Building and Safety Division shall adopt a checklist of all requirements with which
electric vehicle charging stations shall comply to be eligible for expedited review.
E. The Building and Safety Division may refer to the recommendation contained in the most
current version of the Plug -In Electric Vehicle Infrastructure Permitting Checklist and the
Zero -Emission Vehicles in California: Community Readiness Guidebook published by the
Governor's Office of Planning and Research, when adopting the electric vehicle charging
permit process and checklist.
15.15.060 Permit Review Requirements.
A. The Building Official shall implement an administrative review process to expedite approval
of electric vehicle charging stations. 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 and Safety 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.
B. If a permit application is deemed incomplete, a written correction notice detailing all
deficiencies in the permit application and any additional information or documentation
required to be eligible for expedited permit issuance shall be sent to the applicant for
resubmission.
C. The Building Official may require an applicant to apply for a Special Use Permit if the official
finds, based on substantial evidence, that the Electric Vehicle Charging Station could have a
specific, adverse impact upon the public health and safety.
D. If a Use Permit is required, the City may only deny such application if it 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.
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.
F. 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.
15.15.070 Fees.
The City Council may establish by resolution fees that shall be charged for permits issued under
this chapter.
15.15.080 Appeals — Decisions of the Building Official
Pursuant to subdivisions (b) and (c) of Government Code Section 65850.7, decisions of the
Building Official may be appealed to the Planning Commission. A written appeal must be filed
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with the City Clerk within ten (10) business days of the issuance of the decision of the Building
Official accompanied by a filing fee in an amount that may set by City Council resolution from
time to time.
SECTION 2. California Environmental Quality Act (CEQA) Finding. This ordinance is exempt
from CEQA because the adoption of this ordinance is not a "project" pursuant to Sections
15060(c)(2) and 15060(c)3) of Title 14 of the California Code of Regulations. Specifically, this
ordinance only establishes a streamline process for electric vehicle charger permits and merely
authorizes administrative activities which will not result in a direct or reasonable foreseeable
indirect physical change in the environment. The City Manager or designee shall prepare and
file a Notice of Exemption as soon as practical following adoption of this ordinance.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days
after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days
after its passage, a summary of the ordinance may be published at least five (5) days prior to
and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in
the office of the City Clerk pursuant to Government Code Section 36933(c)(1).
Approved this 16th day of August, 2017
Attest:
EKFJNIFER
ty Clerk
FERRAIOLO
LDOUG K HNE
Mayor
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State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1945
was introduced at a regular meeting of the City Council of the City of Lodi held August 2, 2017,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held August 16, 2017, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1945 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
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JENNIFER M. FERRAIOLO
ity Clerk LI
Approved as to Form:
JANICE Q MAGDICH
-City Attorney
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