HomeMy WebLinkAboutO-1731 amending Title 12 (Streets, Sidewalks and Public Places) to allow limited after hours charging of electric vehicles in public park parking lotsO 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 areas; 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
DocuSign Envelope ID: 93AED697-984E-46B3-BC24-10049EDD6F05
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.
DocuSign Envelope ID: 93AED697-984E-46B3-BC24-10049EDD6F05
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 5th day of December 2023, on the
following vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
___________________________
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
DocuSign Envelope ID: 93AED697-984E-46B3-BC24-10049EDD6F05
12/7/2023 | 3:34 PM PST