HomeMy WebLinkAboutReg 2011-02-22 Item 5C - Ordinance - Amend TMC Titles 9, 18 and 21 Regarding Electric Vehicle Infrastructure COUNCIL AGENDA SYNOPSIS
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1 CAS N UMBI' R: 11-013 1 STAFF SPONSOR: MINNIE DHALIWAL I ORIGINAL AGENDA DATE: 02/14/11
Ac;END,\ ITEM TITLE Electric Vehicle Infrastructure Code Amendments
CxI'IsGOR1' Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other
Mtg Date 02/14/11 Mtg Date Mtg Date Mtg Date 02/22/11 Mtg Date Mtg Date 02/14/11 Mtg Date
SPONSOR Ell Council I 1 Mayor [1 Adm Svcs DCD Finance Fire Legal Pe7R Police PTV
SPONSOR'S Conduct the public hearing on the proposed code amendments related to electric vehicle
SUMMARY infrastructure. State legislation has mandated that local governments allow electric
vehicle (EV) infrastructure as a permitted use in all areas not zoned for residential,
resource uses or critical areas. Tukwila's deadline for adopting these changes is July 1,
2011
RIWI!WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/24/11 COMMITTEE CHAIR: EKBERG FOR SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ExI I?NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
1 MTG. DATE 1 RECORD OF :COUNCIL ACTION
I 02/14/11 I Forward to the next Regular Meeting
MTG. DATE ATTACHMENTS
02/14/11 Informational Memorandum dated 02/09/11 (Updated after CAP meeting)
Draft Ordinance
Examples of charging stations
Minutes from the Community Affairs and Parks Committee meeting of 01/24/11
02/22/11 Ordinance in final form
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Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING SECTIONS OF TITLES 9, 18 AND 21 OF
THE TUKWILA MUNICIPAL CODE REGARDING ELECTRIC VEHICLE
INFRASTRUCTURE AND TO ADOPT REGULATIONS RELATED TO
ELECTRIC VEHICLE INFRASTRUCTURE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, during the 2009 session the Washington State Legislature passed
House Bill 1481 "HB 1481 an Act relating to electric vehicles, and the bill addressed
electric vehicle infrastructure including the structures, machinery, and equipment
necessary and integral to support an electric vehicle, including battery charging stations,
rapid charging stations, and battery exchange stations; and
WHEREAS, the purpose of HB 1481 is to encourage the transition to electric vehicle
use and to expedite the establishment of a convenient and cost effective electric vehicle
infrastructure that such a transition necessitates, and the Legislature agreed that the
development of a convenient infrastructure to recharge electric vehicles is essential to
increase consumer acceptance of these vehicles; and
WHEREAS, greenhouse gas emissions related to transportation constitute more
than 50 percent of all greenhouse gas emissions in the State of Washington; and
WHEREAS, the use of electricity from the Northwest as a transportation fuel instead
of petroleum fuels results in significant reductions in the emissions of pollutants,
including greenhouse gases, and reduces the reliance of the state on imported sources
of energy for transportation; and
WHEREAS, broad -based installation of new universally compatible charging stations
is intended to ensure that plug -in electric vehicles will be a viable alternative to gasoline
powered vehicles; and
WHEREAS, RCW 35.63.126 requires the City of Tukwila to allow electric vehicle
infrastructure as a use in all areas except those zoned for residential or resource use or
critical areas by July 1, 2011; and
WHEREAS, most of the recharging for private electric vehicles will be done in
residential settings and, therefore, allowing electric vehicle infrastructure in these areas
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is in the public interest and will provide opportunities for Tukwila residents to have safe
and efficient personal electric charging stations located in their place of residence; as
businesses may want to install electric vehicle infrastructure to serve their customers
and employees, allowing this infrastructure in commercial and industrial areas is also in
the public interest; and
WHEREAS, pursuant to RCW 35.63.126, this ordinance proposes to amend
development regulations found in Tukwila Municipal Code Titles 9, 18 and 21 to allow
electric vehicle infrastructure; and
WHEREAS, on October 14, 2010, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non Significance on the proposed
amendments; and
WHEREAS, on October 28, 2010, the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending
the Tukwila Municipal Code and adopted a motion recommending the proposed
changes; and
WHEREAS, on February 1, 2011, the City was informed by the Washington State
Department of Commerce that it had met the Growth Management Act notice
requirements under RCW 36.70A.106; and
WHEREAS, on February 14, 2011, the Tukwila City Council, following adequate
public notice, held a public hearing to receive testimony concerning the
recommendations of the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Definition Added. A new definition is added to Tukwila Municipal Code
(TMC) Chapter 18.06 to read as follows:
"Battery charging station" means an electrical component assembly or cluster of
component assemblies designed specifically to charge batteries within electric vehicles
and that meets or exceeds any standards, codes, and regulations set forth by chapter
19.28 RCW and is consistent with rules adopted under RCW 19.27.540.
Section 2. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Battery exchange station" means a fully automated facility that will enable an
electric vehicle with a swap -able battery to enter a drive lane and exchange the
depleted battery for a fully charged battery through a fully automated process that
meets or exceeds any standards, codes, and regulations set forth by chapter 19.27
RCW and is consistent with rules adopted under RCW 19.27.540.
Section 3. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
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"Charging levels" means the standardized indicators of electrical force, or voltage, at
which an electric vehicle's battery is recharged. The terms "Level 1, 2, and 3" are the
most common EV charging levels and include the following specifications:
1. Level 1 is considered slow charging.
2. Level 2 is considered medium charging.
3. Level 3 is considered fast or rapid charging.
Section 4. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle" means any vehicle that operates, either partially or exclusively, on
electrical energy from the grid, or an off -board source, that is stored on -board for motive
purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug -in hybrid
electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium -speed electric
vehicle.
Section 5. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle charging station" means a public or private parking space that is
served by battery charging station equipment that has as its primary purpose the
transfer of electric energy (by conductive or inductive means) to a battery or other
energy storage device in an electric vehicle
Section 6. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle charging station restricted" means an electric vehicle charging
station that is (1) privately owned and has restricted access (e.g., single family home,
executive parking, designated employee parking) or (2) publicly owned and restricted
(e.g., fleet parking with no access to the general public).
Section 7. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle charging station public" means an electric vehicle charging station
that is (1) publicly owned and publicly available (e.g., Park Ride parking, public library
parking lot, on- street parking) or (2) privately owned and publicly available (e.g.,
shopping center parking, non reserved parking in multi family parking lots).
Section 8. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Electric vehicle infrastructure" means structures, machinery, and equipment
necessary and integral to support an electric vehicle, including battery charging stations,
rapid charging stations, and battery exchange stations.
Section 9. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
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"Electric vehicle parking space" means any marked parking space that identifies the
use to be exclusively for the parking of an electric vehicle.
Section 10. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Rapid charging station" means an industrial grade electrical outlet that allows for
faster recharging of electric vehicle batteries through higher power levels and that
meets or exceeds any standards, codes, and regulations set forth by chapter 19.28
RCW and is consistent with rules adopted under RCW 19.27.540.
Section 11. New Regulations Established. New regulations regarding electric
vehicle parking, to be codified at TMC Section 9.28.037, are hereby adopted to read as
follows:
9.28.037 Electric Vehicle Parking. The following regulations apply to
enforcement of non electric vehicles that park in electric vehicle charging station
spaces and for electric vehicles parked out of compliance with posted days and hours
of charging operation. These regulations are applicable for electric vehicle charging
station spaces that are publicly accessible (e.g., on- street parking, municipal garages,
park -and -ride lots, shopping centers etc.). Signage regulations for enforcement are
included in Title 18, Chapter 18.56, Off Street Parking and Loading Regulations.
1. Electric vehicle charging stations are reserved for parking and charging
electric vehicles only.
2. Electric vehicles may be parked in any space designated for public parking
subject to the restrictions that would apply to any other vehicle that would park in that
space.
3. When a sign authorized under Tukwila Municipal Code Chapter 18.56
provides notice that a space is a designated electric vehicle charging station, no person
shall park or stand any non electric vehicle in a designated electric vehicle charging
station space. Any non electric vehicle is subject to fine or removal.
4. Any electric vehicle in a designated electric vehicle charging station space
and not electrically charging, or parked beyond the days and hours designated on
regulatory signs posted at or near the space, shall be subject to a fine and /or removal.
For purposes of this subsection, "charging" means an electric vehicle is parked at an
electric vehicle charging station and is connected to the charging station equipment.
5. Upon adoption by the City of Tukwila, the City engineer shall cause
appropriate signs and marking to be placed in and around electric vehicle charging
station spaces, indicating prominently thereon the parking regulations. The signs shall
define time limits and hours of operation, as applicable, shall state that the parking
space is reserved for charging electric vehicles and that an electric vehicle may only
park in the space for charging purposes. Violators are subject to a fine and /or removal
of their vehicle.
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6. Violations of this section shall be punishable as infractions. Punishment shall
be by a fine not to exceed the fine prescribed in accordance with Tukwila Municipal
Code Section 9.28.040. Each day such violation is committed shall constitute a
separate offense and shall be punishable as such. Any commissioned police officer or
Tukwila Police Department volunteer authorized by the Police Chief or other designated
law official in the manner and subject to the requirements of TMC Section 9.20.090 is
authorized to issue electric vehicle parking infractions.
7. In addition to a fine, a vehicle left parked or standing in violation of TMC
Section 9.28.037, upon a publicly accessible electric vehicle charging space that is
appropriately marked and posted, is subject to being removed from the charging space
by any commissioned police officer or Tukwila Police Department volunteer authorized
by the Police Chief or other designated law official in the manner and subject to the
requirements of TMC Section 9.20.090.
Section 12. New Regulations Established. New regulations regarding charging
station locations, to be codified at TMC Section 18.50.140, are hereby adopted to read
as follows:
18.50.140 Charging Station Locations. Level 1 and Level 2 charging stations are
allowed as an accessory use in the predominantly residential zones LDR, MDR and
HDR. Level 1 and Level 2 charging stations are allowed as a permitted use in all other
zones. Level 3 charging stations, battery exchange stations, and rapid charging
stations are allowed as a permitted use in all zones that allow other automotive services
such as gas stations, and are allowed as an accessory use in all other zones.
Section 13. New Regulations Established. New regulations regarding electric
vehicle charging station spaces, to be codified at TMC Section 18.56.135, are hereby
adopted to read as follows:
18.56.135 Electric Vehicle Charging Station Spaces.
A. Applicability. Regulations are applicable to all parking Tots or garages, except
those that include restricted electric vehicle charging stations.
B. Number of stations. No minimum number of charging station spaces is
required.
C. Minimum Parking Requirements. An electric vehicle charging station space
may be included in the calculation for minimum required parking spaces that are
required pursuant to other sections of this chapter.
D. Location and Design Criteria. The provision of electric vehicle parking will vary
based on the design and use of the primary parking lot. The following required and
additional Iocational and design criteria are provided in recognition of the various
parking lot layout options.
1. Where provided, parking for electric vehicle charging purposes is required to
include the following:
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a. Signage. Each charging station space shall be posted with signage
indicating the space is only for electric vehicle charging purposes. Days and hours of
operation shall be included if time limits or tow away provisions are to be enforced.
Refer to the Manual on Uniform Traffic Control Devices for electric vehicle and parking
signs (and as depicted in Exhibit A).
b. Maintenance. Charging station equipment shall be maintained in all
respects, including the functioning of the charging equipment. A telephone number or
other contact information shall be provided on the charging station equipment for
reporting when the equipment is not functioning or when other problems are
encountered.
c. Accessibility. Where charging station equipment is provided within an
adjacent pedestrian circulation area, such as a sidewalk or accessible route to the
building entrance, the charging equipment shall be located so as not to interfere with
accessibility requirements of WAC 51 -50 -005.
d. Lighting. Where charging station equipment is installed, adequate site
lighting shall exist, unless charging is allowed during daytime hours only.
2. Charging station spaces for electric vehicles should also consider the
following signage information:
a. Information on the charging station, identifying voltage and amperage
levels and any time of use, fees, or safety information.
b. installation of directional signs at the parking lot entrance and at
appropriate decision points to effectively guide motorists to the charging station
space(s). Refer to the Manual on Uniform Traffic Control Devices for electric vehicle
and directional signs (and as depicted in Exhibit A).
Section 14. Ordinance Nos. 2173 §1 and 1331 §10, as codified at TMC Section
21.04.080, are hereby amended to read as follows:
21.04.080 Categorical exemptions and threshold determinations Adoption by
reference. The City adopts the following sections of WAC Chapter 197 -11 and RCW
43.21C.410, as now existing or as may be amended hereafter, by reference as
supplemented in this chapter:
WAC 197 -11 -300 Purpose of this part
WAC 197 -11 -305 Categorical exemptions
WAC 197 -11 -310 Threshold determination required
WAC 197 -11 -315 Environmental checklist
WAC 197 -11 -330 Threshold determination process
WAC 197 -11 -335 Additional information
WAC 197 -11 -340 Determination of Non Significance (DNS)
WAC 197 -11 -350 Mitigated DNS
WAC 197 -11 -355 Optional DNS process
WAC 197 -11 -360 Determination of Significance (DS) /initiation of scoping
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WAC 197 -11 -390 Effect of threshold determination
RCW 43.21C.410 Battery charging and exchange station installation
Section 15. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 16. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
and effect five (5) days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
Attachment: Exhibit A Electric Vehicle Charging Station Signage
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Exhibit A
18.56.235.1.a. Examples of charging station signage.
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18.56.235.2.b. Examples of electric vehicle charging station directional signage.
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