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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