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HomeMy WebLinkAboutOrd 2324 - Electric Vehicle Infrastructure Cover page to Ordinance 2324 The full text of the ordinance follows this cover page. Ordinance 2324 was amended or repealed by the following ordinances. AMENDEDREPEALED Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord# 11 2494 1-10, 12, 13 2741 City of Tukwila 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 W: \Word Processing \Ordinances\ Electric Vehicle Infrastructure.doc MD:mrh Page 1 of 7 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: W: \Word Processing \Ordinances\ Electric Vehicle Infrastructure.doc MD:mrh Page 2 of 7 "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: W: \Word Processing \Ordinances\ Electric Vehicle Infrastructure.doc MD:mrh Page 3 of 7 "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. W: \Word Processing \Ordinances\ Electric Vehicle Infrastructure.doc MD:mrh Page 4 of 7 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 lots 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 locational 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: W: \Word Processing \Ordinances\ Electric Vehicle Infrastructure.doc MD:mrh Page 5 of 7 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 W: \Word Processing \Ordinances\ Electric Vehicle Infrastructure.doc MD:mrh Page 6 of 7 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 Q THE CITY OFUKWILA, WASHINGTON, at a Regular Meeting thereof this �n day of 2 b fkAar N 2011. ATTEST /AUTHENTICATED: ('lth 0'F. Christy O'Flahrty, City Clerk aggerto or APPROVED A e BY: Filed with the City Clerk: -16-11 Passed by the City Council: a--. Published: Effective Date: 3 S I 1 Shelley M. Kers ,City Attorney Ordinance Number: Li Attachment: Exhibit A Electric Vehicle Charging Station Signage W: \Word Processing \Ordinances\ Electric Vehicle Infrastructure.doc MD:mrh Page 7 of 7 Exhibit A 18.56.235.1.a. Examples of charging station signage. HOUR ELECTRIC 41 MAXIE CHARGING EXCEPT FOR CHARGING ELECTRIC MTION VEHICLE CHARGING (AM To OPM 12" x 12" 12" x 18" 12" x 18" 18.56.235.2.b. Examples of electric vehicle charging station directional signage. ELECTRIC I IF CHARGING V wl pTION 12" x 12" .12" x 12" I 1 A l2 "x6" i .12 "x6" W: \Word Processing \Ordinances\ Electric Vehicle Infrastructure Exhibit A.doc MD:mrh Page 1 of 1 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2323 -2325. On February 22, 2011 the City Council of the City of Tukwila, Washington, adopted the following ordinances the main points of which are summarized by title as follows: Ordinance 2323: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1917 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.20, "CERTAIN GAMBLING ACTIVITIES PROHIBITED PROHIBITING SOCIAL CARD ROOMS CONDUCTED AS A COMMERCIAL STIMULANT EFFECTIVE JANUARY 1, 2016; AMENDING ORDINANCE NO. 1809 §1 (PART) AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.08.080 "PAYMENT OF TAX PENALTY FOR LATE PAYMENTS TERMINATING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 2279 AND EXTENDED BY ORDINANCE NO. 2307; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2324: 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. Ordinance 2325: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 639 §2 AND 2046 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE 2.38.020, REGARDING LAW ENFORCEMENT OFFICERS AND CITY POLICE OFFICERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, CMC, City Clerk Published Seattle Times: February 28, 2011