HomeMy WebLinkAbout2025ORDINANCE NO. 2025
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTIONS 91.00.10 AND 93.06.00 OF THE
PALM SPRINGS ZONING CODE RELATING TO THE
REQUIREMENTS FOR ELECTRIC VEHICLE CHARGING
STATIONS.
City Attorney's Summary
This Ordinance provides requirements for the installation of
EV (Electric Vehicle) charging equipment in parking areas of
new and renovated commercial properties, and for the
provision of pre -wired spaces for new multifamily properties.
The proposed Ordinance is intended to implement the goals
and policies of the State of California and the City of Palm
Springs relative to air quality and greenhouse gas emission
reductions.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City of Palm Springs is a charter city organized pursuant to Article XI
of the California Constitution and pursuant to the authority granted the City by Sections 5
and 7 of Article XI, the City has the power to make and enforce within its limits all
ordinances and regulations in respect to municipal affairs not in conflict with general laws
and its own charter. Such police powers include without limitation the ability to adopt
comprehensive zoning regulations and regulations upon the use of land and property
within the City; and
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of
Palm Springs may adopt and enforce ordinances and regulations not in conflict with
general laws and to protect and promote the public health, safety, and welfare of its
citizens; and
C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the
director of Planning Services is authorized to initiate proceedings and recommend
amendments to the Zoning Code; and
D. On May 13, 2020, the Planning Commission conducted a duly noticed
public hearing to consider Case 5.1505 ZTA, an ordinance proposing minimum
requirements for the provision of EV (Electric Vehicle) charging spaces and, by a 7 to 0
vote, approved Resolution No. 6813 recommending approval of the Zoning Text
Amendment to the City Council; and
E. Notice of a public hearing of the City Council of the City of Palm Springs to
consider a Zoning Text Amendment was given in accordance with applicable law; and
F. On June 11, 2020, a duly noticed public hearing on the proposed Zoning
Text Amendment was held by the City Council in accordance with applicable law where,
Ordinance No. 2025
Page 2
by a 5 to 0 vote, the City Council introduced the Zoning Text Amendment; and
G. The proposed ordinance is not subject to the California Environmental
Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section
15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result
in a direct or reasonably foreseeable indirect physical change in the environment and is
not a "project," as that term is defined in Section 15378 of the State Guidelines. As
projects are submitted and reviewed for compliance with this Zoning Text Amendment,
the City will conduct CEQA review as required by law; and
H. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the Zoning Text Amendment, including, but
not limited to, the staff report, and all written and oral testimony presented; and
I. The City Council hereby finds that approval of the proposed Zoning Text
Amendment would:
Assist in implementing goals established by the State of California for the
provision of electric vehicle infrastructure as a means to reduce greenhouse
gas emissions to the levels specified by SB 350, the Clean Energy and
Pollution Reduction Act of 2015.
2. Implement the goals of the Active and Sustainable Transportation section
of the City of Palm Springs Sustainability Plan, by supporting and promoting
clean transportation through the provision of electric vehicle infrastructure.
3. Implement the goals of the Circulation Element and the Air Quality Element
of the City of Palm Springs General Plan, through providing infrastructure
for alternative fuel vehicles.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and
correct, and are incorporated by this reference herein as the cause and foundation for the
action taken by and through this Ordinance.
SECTION 2. Amend PSZC Section 91.00.10(B) ("Definitions") to add the
following definitions:
"Electric Vehicle" or "EV" means an automotive -type vehicle for on -road use, such
as passenger automobiles, trucks, vans, neighborhood electric vehicles, electric
motorcycles, and similar vehicles, powered by an electric motor that draws current
from a rechargeable storage battery, fuel cell, or other source of electric current.
Plug-in hybrid vehicles (PHEV) are considered electric vehicles.
"Electric Vehicle Charging Space" or "EV Charging Space" means a parking space
with dedicated electric vehicle charging equipment and intended for the charging
of electric vehicles.
Ordinance No. 2025
Page 3
SECTION 3. Rescind and replace PSZC Section 93.06.00(B)(12) ("Electric
Vehicle Charging Spaces and Stations") as follows:
12. Electric Vehicle Charging Spaces and Stations.
a. Electric vehicle charging spaces and stations shall be permitted as
an accessory use within any existing residential garage or carport, or
within any existing legal commercial/industrial/civic parking space in
a parking lot or in a parking garage.
b. Electric vehicle charging spaces shall be provided in accordance
with the requirements of the California Green Building Standards
Code and as follows in Section (b)(1) to (b)(3) below.
1) New construction — nonresidential uses. Electric
vehicle charging spaces shall be provided in
accordance with the following table:
Total Number of Actual
Parking Spaces
Number of EV Charging
Spaces
0-9
0
10-25
1
26-50
2
51-75
4
76-100
5
101-150
7
151-200
10
201 and over
6 percent of total spaces,
rounded up to the nearest
whole number.
2) Remodeling or expansion of existing developments —
nonresidential uses. Electric vehicle charging spaces
shall be provided as listed in the table in Section (b)(1)
only for new parking spaces that are added due to the
expansion or change in use. No electric vehicle
charging spaces shall be required for the parking
spaces that were in existence prior to the expansion or
change in use.
3) New construction — multifamily residential uses. Ten
(10) percent of the total number of parking spaces for
the development shall be pre -wired and capable of
supporting future electric vehicle charging stations.
Calculations for the required number of electric vehicle
charging stations shall be rounded up to the nearest
whole number.
C. Any spaces reserved for electric vehicle charging stations shall be
Ordinance No. 2025
Page 4
clearly marked with signage and shall meet the parking design
standards set out in Subdivision C of this Section. Electric vehicle
charging spaces shall count toward the required number of parking
spaces.
d. Electric vehicle supply equipment shall comply with the Palm Springs
Building Code, including all applicable provisions of the California
Electrical Code and the California Green Building Standards Code
pertaining to electric vehicle supply equipment, and shall not reduce
the size of the parking space. Electric cords shall not a cross a
pathway.
SECTION 4. If any section or provision of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this
Ordinance shall remain valid. The City Council hereby declares that it would have
adopted this Ordinance, and each section or provision thereof, regardless of the fact that
any one or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
SECTION 5. The proposed ordinance is not subject to the California
Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to
Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will
not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a "project," as that term is defined in Section 15378 of the State
Guidelines.
SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this ordinance shall take effect
thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 25T" DAY OF JUNE, 2020.
n,-)7 �
GEOFF S
MAYOR
ATTEST:
THON C
CITY CLER
Ordinance No. 2025
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2025 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on June 11, 2020, and adopted at a
regular meeting of the City Council held on June 25, 2020, by the following vote:
AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and
Mayor Kors
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 7-1"3 day of Sot -p Zp
THON . MEJI
CITY CLE K