Loading...
HomeMy WebLinkAboutItem 6c. Introduction of an Ordinance amending Chapter 12.20 to allow after-hours EV Charging in Public Park Parking Lots Item 6c Department: Public Works Cost Center: 5104 For Agenda of: 11/14/2023 Placement: Public Hearing Estimated Time: 30 Minutes FROM: Matt Horn, Public Works Director Prepared By: Jennifer Rice, Deputy Director of Mobility Services Brendan Pringle, Business Analyst Lucia Pohlman, Sustainability and Natural Resources Analyst SUBJECT: INTRODUCTION OF ORDINANCE ALLOWING LIMITED ACCESS TO PUBLIC PARK PARKING LOTS AFTER HOURS FOR ACTIVELY CHARGING ELECTRIC VEHICLES RECOMMENDATION Introduce a Draft Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 12, Streets, Sidewalks and Public Places, of the Municipal Code to allow limited after hours charging of electric vehicles in public park parking lots.” POLICY CONTEXT Major City Goal Strategy 4.3 (“Preserve and Enhance Convenient and Equitable Alternative and Sustainable Transportation Options ”) notes that “[f]or those that need to drive, the City will focus on enabling and deploying publicly accessible electric vehicle charging infrastructure.” Strategy 2.C.5. of the San Luis Obispo Access and Parking Management Plan, (“Continue to expand off -street electric vehicle (EV) charging for vehicles and e-bikes”), and Task 6.1.A of the Climate Action Plan 2023 -27 Work Program (“Enable the installation of publicly accessible EV chargers on public property to meet community need”) both align with this Major City Goal. DISCUSSION Background The City is quickly advancing the installation of Electric Vehicle (EV) charging stations through a third-party contract to install EV charging stations at Santa Rosa Park and Johnson Park. The EV stations that are proposed for installation will be Direct Current Fast Charging (DCFC) that charge EVs at a rate of 62.5 kilowatts per hour. It could take up to two (2) hours to charge EVs at this rate, but most vehicle charging is anticipated to be completed well within that two (2) hour timeframe. The proposed ordinance clarifies that the City’s prohibitions on being in parks after hours does not include drivers and passengers of an EV vehicle that is actively charging. Page 127 of 190 Item 6c Ordinance Summary The draft ordinance (Attachment A) amends Chapter 12.20 of the City’s Municipal Code to provide a limited exception to the prohibition on presence in parks during closure hours for EV drivers and passengers to access the parking areas of public parks after hours for the purpose of charging their vehicle only. The ordinance continues to prohibit usage of any other park amenities after hours, including benches, playground equipment, barbecues, and tables. Additionally, the proposed ordinance requires that vehicle owners and passengers must be actively charging their vehicle (as indicated by a light on the charger), and access is limited to a maximum of two (2) hours. The ordinance does not allow any park usage after 10pm. This charging exception only allows them to b e in the parking lot in their vehicle or going to and from the charger. Overnight camping is prohibited in City parks, with limited exceptions, by Section 10.34.020 of the Municipal Code, and such prohibition would not be affected by this ordinance. Previous Council or Advisory Body Action On February 21, 2023, City Council approved an updated Access and Parking Management Plan, establishing 35 new strategies to support the City’s climate action goal of achieving communitywide carbon neutrality by 2035 and support downtown businesses and employee transportation needs. One strategy of the plan is to “continue to expand off-street electric vehicle (EV) charging for vehicles and e-bikes” (Strategy 2.C.5). This ordinance is a necessary step in preparing for the activation of this strategy. Public Engagement Public comment on the item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. CONCURRENCE This report reflects a multi-departmental effort with Administration, Police, and Community Services Group, including Public Works and Parks and Recreation, all in concurrence with the above-described approach and recommendation. The City Attorney has reviewed and concurs as to form and effect. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that there is no possibility that the proposed Municipal Code Amendment will have any effect on the environment (General Rule Exemption CEQA Guidelines Sec. 15061(b)(3)). Additionally, the proposed ordinance is exempt from environmental review per CEQA Section 15301 (Existing Facilities), as there would be negligible or no expansion of use of City facilities. Page 128 of 190 Item 6c FISCAL IMPACT Budgeted: N/A Budget Year: 2023-24 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $0 $0 $0 $0 State Federal Fees Other: Total $0 $0 $0 $0 There are no direct fiscal impacts associated with this action . The chargers are offered through a zero-cost licensing agreement with Valta Energy, in which Valta Energy covers the installation and the usage costs. ALTERNATIVES 1. Modify the ordinance as proposed. The City Council may modify the ordinance before adoption. Depending on the scope of changes proposed, modification of the ordinance may require reintroduction during a subsequent public hearing. 2. Do not adopt the ordinance as proposed. This action is not recommended by staff as it would inhibit the expansion of off-street electric vehicle (EV) charging for vehicles, as recommended by the Access and Parking Management Plan. 3. Provide further direction to staff regarding the ordinance. The City Council may request further public outreach or further research. ATTACHMENTS A - Draft Ordinance amending Chapter 12.20 Page 129 of 190 Page 130 of 190 O ______ ORDINANCE NO. _____ (2023 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CHAPTER 12.20, PARK REGULATIONS, OF THE MUNICIPAL CODE TO ALLOW LIMITED AFTER HOURS CHARGING OF ELECTRIC VEHICLES IN PUBLIC PARK PARKING LOTS WHEREAS, The City has a substantial interest in promoting the public health, safety and welfare of its residents, visitors and businesses, and the safety and aesthetic qualities of City parks; and WHEREAS, The City is working to install numerous public-facing electric vehicle (EV) chargers at City-owned parking lots to meet the demand of increased electric vehicle ownership, some of which will be located in City park parking are as; and WHEREAS, City of San Luis Obispo residents and businesses have repeatedly identified climate action as a top community priority; and WHEREAS, the City of San Luis Obispo City Council has directed staff to evaluate strategies and options to achieve community-wide carbon neutrality by 2035, which includes supporting electric vehicle infrastructure; and WHEREAS, Resolution R-11381 (2022 Series) adopts the City of San Luis Obispo Climate Action Plan 2023-27 Work Program, which includes task 6.1.A to enable the installation of publicly accessible EV chargers on public property to meet community need; and WHEREAS, The City recognizes that in some cases, after-hours charging of electric vehicles may be necessary; and WHEREAS, Section 12.20.040 of the City’s Municipal Code states that it shall be unlawful to enter, remain, or stay in any public park between the hours of ten p.m. and five a.m. of the following day without approval from the director; and WHEREAS, by providing a limited exception to Section 12.20.040 for EV vehicle drivers and passengers to access the parking areas of public parks after hours for the sole purpose of charging their electric vehicle , this ordinance will promote the public health, safety and welfare, and support the lawful use and access to City parks by all community members consistent with the intended legal uses and aesthetic activities of City parks; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November 14, 2023, for the purpose of considering the recommended changes to Section 12.20.040 of the Municipal Code; and Page 131 of 190 Ordinance No. _____ (2023 Series) Page 2 O ______ WHEREAS, the City Council has duly considered public testimony and the evaluation and recommendations by staff . NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 12.20.040 of the San Luis Obispo Municipal Code is hereby amended to make a limited exception for the presence of drivers and passengers charging their EV vehicles, to read as follows : E. Presence in Parks During Certain Hours Prohibited. It shall be unlawful to enter, remain, or stay in any public park between the hours of ten p.m. and five a.m. of the following day without approval from the director, except for drivers and passengers of electric vehicles that are actively charging in a park parking lot. Use of park facilities while charging an electric vehicle during closure hours, including, but not limited to sitting on benches, use of playgrounds, and use of other park amenities, is not permitted. Nothing herein is intended to modify or affect the prohibition on overnight camping set forth in Section 10.34.020 of the Municipal Code. Access to a public park during closure hours for the purpose of charging an electric vehicle is limited to a maximum of two (2) consecutive hours. SECTION 2. All prior ordinances, resolutions or administrative orders relating to parks regulations are hereby superseded to the extent inconsistent herewith. Page 132 of 190 Ordinance No. _____ (2023 Series) Page 3 O ______ SECTION 3. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the ____ day of ____, 2023, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 20 23, on the following vote: AYES: NOES: ABSENT: ___________________________ Mayor Erica A. Stewart ATTEST: _______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 133 of 190 Page 134 of 190 1 INTRODUCE AN ORDINANCE ALLOWING LIMITED ACCESS TO PUBLIC PARK PARKING LOTS AFTER HOURS FOR ACTIVELY CHARGING ELECTRIC VEHICLES November 14, 2023 City Council Meeting 2 RECOMMENDATION ​​Introduce a Draft Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 12, Streets, Sidewalks and Public Places, of the Municipal Code to allow limited after hours charging of electric vehicles in public park parking lots.” 3 Background •NEW EV Chargers in Development •New charging stations coming to Santa Rosa Park and Johnson Park •Direct Current Fast Charging (DCFC) Stations •Fully charge most EVs in 2 hours or less 4 Why an Ordinance is Needed •Municipal Code 12.20.040: •(E) Presence in Parks During Certain Hours Prohibited. It shall be unlawful to enter, remain, or stay in any public park between the hours of ten p.m. and five a.m. of the following day without approval from the director. •Limited exception needed for EV charging after-hours 5 Ordinance - Features EV Drivers & Passengers Only 2 Hour Limit Must Be Actively Charging 6 What the Ordinance Does NOT Change Overnight Camping still prohibited No park usage after hours •Only allowed to be in the parking lot using charging station 7 How Will It Be Enforced? = Actively Charging = NOT Charging 8 RECOMMENDATION ​​Introduce a Draft Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 12, Streets, Sidewalks and Public Places, of the Municipal Code to allow limited after hours charging of electric vehicles in public park parking lots.” 9 QUESTIONS?