HomeMy WebLinkAboutItem 5e. O-1731 Second Reading Amending Chapter 12.20 (Park Regulations) to Allow After-Hours Charging of Electric Vehicles in Public Park Parking Lots Item 5e
Department: Public Works
Cost Center: 5104
For Agenda of: 12/5/2023
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Jennifer Rice, Deputy Director of Mobility Services
Brendan Pringle, Sr. Business Analyst
Lucia Pohlman, Sustainability and Natural Resources Analyst
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1731 (2023
SERIES) AMENDING CHAPTER 12.20 OF THE SAN LUIS OBISPO
MUNICIPAL CODE TO ALLOW LIMITED ACCESS TO PUBLIC PARK
PARKING LOTS AFTER HOURS FOR ACTIVELY CHARGING ELECTRIC
VEHICLES
RECOMMENDATION
Adopt Ordinance No. 1731 (2023 Series) entitled, “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,” previously referred to as “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 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.
The City is quickly advancing the installation of EV charging stations at Santa Rosa Park
and Johnson Park to meet these objectives, and the charging stations would be publicly
accessible at any time of day. However, presence in any public park between the hours
of 10:00 pm and 5:00 am without approval from the director is currently forbidden
(Municipal Code 12.20).
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Item 5e
DISCUSSION
Background
On November 14, 2023, the City Council introduced Ordinance No. 1731 (2023 Series),
amending Chapter 12.20 to allow limited after hours charging of electric vehicles in public
park parking lots. The Council discussed the recommendation and unanimously approved
the introduction of the ordinance.
Ordinance Summary
The proposed 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 veh icle 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 be 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.
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. No
public comment was received during introduction of the ordinan ce at the November 14,
2023 City Council 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.
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Item 5e
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 type 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 - Ordinance No. 1731 (2023 Series)
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O 1731
ORDINANCE NO. 1731 (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
needs; 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
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Ordinance No. 1731 (2023 Series) Page 2
O 1731
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.
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Ordinance No. 1731 (2023 Series) Page 3
O 1731
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 14th day of November 2023, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the ____ day of ____, 2023, 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
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