State law requires the lessor of a market-rate dwelling to approve
a written request of a lessee to install an electric vehicle charging
station at a parking space allotted for the lessee in accordance with
specified requirements. State law exempts properties that are subject
to rent stabilization. The purpose of this chapter is to require landlords
of rent-stabilized dwellings within the city to also approve their
tenant's written request for the installation of an electric vehicle
charging station at a parking space allotted for the tenant. This
chapter shall be interpreted in a manner supplementary to and consistent
with California Civil Code Section 1947.6, as amended, and in all
cases of conflict between this chapter and any state law, the applicable
state law provision shall prevail.
(Ord. 17-1017 § 3, 2017)
a.
A landlord
of a rental unit shall approve a written request of a tenant to install
an electric vehicle charging station at a parking space allotted for
the tenant that meets the requirements of this chapter and complies
with the landlord's procedural approval process for modification to
the property. The written request shall include the tenant's consent
to enter into a written agreement that includes the following:
1.
Compliance
with the landlord's requirements for the installation, use, maintenance,
and removal of the charging station and installation, use, and maintenance
of the infrastructure for the charging station;
2.
Compliance
with the landlord's requirements for the tenant to provide a complete
financial analysis and scope of work regarding the installation of
the charging station and its infrastructure;
3.
A
written description of how, when, and where the modifications and
improvements to the property are proposed to be made consistent with
those items specified in the "Permitting Checklist" of the "Zero-Emission
Vehicles in California: Community Readiness Guidebook" published by
the Office of Planning and Research;
4.
Obligation
of the tenant to pay the landlord all costs associated with the landlord's
installation of the charging station and its infrastructure prior
to any modification or improvement being made to the rental unit.
The costs associated with modifications and improvements shall include,
but are not limited to, the cost of permits, supervision, construction,
and, solely if required by the contractor, consistent with its past
performance of work for the landlord, performance bonds;
5.
Obligation
of the tenant to pay for the costs associated with the electrical
usage of the charging station, and cost for damage, maintenance, repair,
removal and replacement of the charging station, and modifications
or improvements made to the property associated with the charging
station; and
6.
Obligation
of landlord to provide tenant receipts from contractor of work completed.
c.
An
electric vehicle charging station and all modifications and improvements
to the property shall comply with federal, state, and local law, and
all applicable zoning requirements, land use requirements, and covenants,
conditions and restrictions.
d.
The
tenant shall maintain in full force and affect a tenant's general
liability insurance policy in the amount of $25,000 and shall name
the landlord as a named additional insured under the policy commencing
with the date of approval of construction until the tenant forfeits
possession of the dwelling or parking space to the landlord.
(Ord. 17-1017 § 3, 2017)
