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Record No: CB 119472    Version: Council Bill No: CB 119472
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 4/29/2019
Ordinance No: Ord 125815
Title: AN ORDINANCE relating to land use and zoning; amending Sections 23.22.062, 23.24.045, 23.49.019, 23.54.030, and 23.84A.010 of the Seattle Municipal Code; adding new requirements related to electric vehicle charging infrastructure.
Sponsors: Mike O'Brien
Supporting documents: 1. Summary and Fiscal Note, 2. Mayor's Letter, 3. Director's Report, 4. Presentation (4/2/19), 5. Central Staff Memo, 6. Signed Ordinance 125815

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE relating to land use and zoning; amending Sections 23.22.062, 23.24.045, 23.49.019, 23.54.030, and 23.84A.010 of the Seattle Municipal Code; adding new requirements related to electric vehicle charging infrastructure.

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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 23.22.062 of the Seattle Municipal Code, last amended by Ordinance 125272, is amended as follows:

23.22.062 Unit lot subdivisions

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D.                     Access easements and joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common courtyard open spaces for cottage housing), and other similar features, as recorded with the King County Recorder. For common parking areas and garages, access easements and joint use and maintenance agreements shall include the right to use any required electric vehicle charging infrastructure and the terms of use.

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Section 2. Section 23.24.045 of the Seattle Municipal Code, last amended by Ordinance 125272, is amended as follows:

23.24.045 Unit lot subdivisions

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D.                     Access easements and joint use and maintenance agreements shall be executed for use of common garage or parking areas, common open space (such as common courtyard open space for cottage housing), and other similar features, as recorded with the Director of the King County Department of Records and Elections. For common parking areas and garages, access easements and joint use and maintenance agreements shall include the right to use any required electric vehicle charging infrastructure and the terms of use.

* * *

Section 3. Section 23.49.019 of the Seattle Municipal Code, last amended by Ordinance 125558, is amended as follows:

23.49.019 Parking quantity, location, and access requirements, and screening and landscaping of parking areas

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K.                     Electric vehicle charging infrastructure. Off-street parking spaces shall be designed according to the standards of subsection 23.54.030.L.

Section 4. Section 23.54.030 of the Seattle Municipal Code, last amended by Ordinance 125603, is amended as follows:

23.54.030 Parking space and access standards

All parking spaces provided, whether required by Section 23.54.015 or not, and required barrier-free parking, shall meet the standards of this Section 23.54.030.

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L.                     Electric vehicle (EV) charging infrastructure. New parking spaces provided on a lot when a new building is constructed shall be “EV-ready” as specified in this subsection 23.54.030.L. The required number of EV-ready parking spaces shall be determined by whether the parking is for a residential or nonresidential use. Parking that is clearly set aside and reserved for residential use shall meet the standards of subsection 23.54.030.L.1; parking for all other uses within the structure shall meet the standards of subsection 23.54.030.L.2.

1.                     Residential uses

a.                     Private parking for individual residential units. When parking for any individual dwelling unit is provided in a private garage, carport, or parking area, separate from any parking facilities serving other units, at least one parking space in that garage, carport, or parking area shall be EV-ready.

b.                     Surface parking for multiple residences. When parking for multifamily residential uses is provided in a surface parking area serving multiple residences, the number of parking spaces that shall be EV-ready shall be as follows:

1)                     When between one and six parking spaces are provided, each of those parking spaces shall be EV-ready;

2)                     When between seven and 25 parking spaces are provided, a minimum of six of those parking spaces shall be EV-ready; and

3)                     When more than 25 parking spaces are provided, a minimum of 20 percent of those parking spaces shall be EV-ready.

c.                     Parking garages for multiple residences. When parking for multifamily residential uses is provided in a parking garage serving multiple residences, a minimum of 20 percent of those parking spaces shall be EV-ready.

d.                     Other residential uses. When parking is provided for all other residential uses, a minimum of 20 percent of those spaces shall be EV-ready.

2.                     Nonresidential uses. When parking is provided for nonresidential uses, a minimum of ten percent of those spaces shall be EV-ready.

3.                     Rounding. When calculating the number of required EV-ready parking spaces, any fraction or portion of an EV-ready parking space required shall be rounded up to the nearest whole number.

4.                     Reductions

a.                     The Director may, in consultation with the Director of Seattle City Light, reduce the requirements of this subsection 23.54.030.L as a Type I decision where there is substantial evidence substantiating that the added electrical load that can be attributed to meeting the requirements will:

1)                     Alter the local utility infrastructure design requirements on the utility side of the legal point of service, so as to require on-property power transformation; or

2)                     Require an upgrade to an existing residential electrical service.

b.                     In cases where the provisions of subsection 23.54.030.L.4.a have been met, the maximum quantity of EV charging infrastructure required to be installed shall be reduced to the maximum service size that would not require the changes to transformation or electrical service in subsection 23.54.030.L.4.a. The Director may first reduce the required level of EV infrastructure at EV-ready parking spaces from 40-amp to 20-amp circuits. If necessary, the Director may also then reduce the number of required EV-ready parking spaces or otherwise reduce the level of EV infrastructure at EV-ready parking spaces.

c.                     The Director may establish by rule the procedures and documentation required for a reduction.

5.                     All EV charging infrastructure shall be installed in accordance with the Seattle Electrical Code. Where EV-ready surface parking spaces are located more than 4 feet from a building, raceways shall be extended to a pull box or stub in the vicinity of the designated space and shall be protected from vehicles.

6.                     Accessible parking. Where new EV-ready parking spaces and new accessible parking are both provided, parking facilities shall be designed so that at least one accessible parking space shall be EV-ready.

7.                     Nothing in this subsection 23.54.030.L shall be construed to modify the minimum number of off-street motor vehicle parking spaces required for specific uses or the maximum number of parking spaces allowed, as set forth in Section 23.54.015 or elsewhere in this Title 23.

8.                     This Section 23.54.030 does not require EV supply equipment, as defined by Article 100 of the Seattle Electrical Code, to be installed.

Section 5. Section 23.84A.010 of the Seattle Municipal Code, last amended by Ordinance 123649, is amended as follows:

23.84A.010 “E”

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“Electric scooter” means a vehicle: (1) with a handlebar for steering, two wheels less than 18 inches in diameter, and a saddle or seat for the operator and any passenger; (2) propelled by an electric motor or by an electric motor in combination with human propulsion; and (3) incapable of exceeding a speed of 30 miles per hour on level ground.

“Electric vehicle” shall have the same meaning accorded by Article 100 of the Seattle Electrical Code, as that section currently exists or is hereafter amended.

“Electric vehicle ready” or “EV-ready” means a parking space that is designed and constructed to include a fully-wired circuit with a 208/240-volt, 40-amp electric vehicle charging receptacle outlet or termination point, including conduit and wiring and the electrical service capacity necessary to serve the receptacle, to allow for future installation of electric vehicle supply equipment, as defined by Article 100 of the Seattle Electrical Code.

* * *

Section 6. The City Council requests that the Seattle Department of Construction and Inspections and the Office of Sustainability and Environment provide a report to Council evaluating the implementation of these requirements by June 1, 2022. The report should include the number of electric vehicles and total number of light-duty motor vehicles registered in Seattle, and the following information related to permits issued for development projects with off-street parking facilities: the total number of new parking spaces provided; the number of EV-ready parking spaces required by the Land Use Code and provided by the project; the type of development (e.g., single-family, townhouses, apartments, commercial, etc.) associated with these parking spaces and their location in Seattle; and the number of reductions to standards granted through a Type I decision. The report should also recommend adjustments to EV-ready standards if the standards are not meeting intended outcomes.

Section 7. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2019, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2019.

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President ____________ of the City Council

Approved by me this ________ day of _________________________, 2019.

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Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2019.

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Monica Martinez Simmons, City Clerk

(Seal)