PLANNING COMMISSION STAFF REPORT
TO: Planning Commission
FROM: Ursula Luna-Reynosa, Director of Community Development
BY: Jane James, Planning Manager
SUBJECT:
title
ZONING TEXT AMENDMENT NO. 21-006 (ELECTRIC VEHICLE CHARGING STATION SIGNS) - CONTINUED FROM AUGUST 10, 2021
REQUEST:
To amend Chapter 233, Signs, of the Huntington Beach Zoning and Subdivision Ordinance to regulate signs on electric vehicle charging stations.
LOCATION:
Citywide
body
APPLICANT:
City of Huntington Beach
PROPERTY
OWNER:
Various
BUSINESS
OWNER:
Not applicable
STATEMENT OF ISSUE:
1. Does the project satisfy all the findings required for a Zoning Text Amendment?
2. Has the appropriate level of environmental analysis been determined?
RECOMMENDATION:
recommendation
That the Planning Commission take the following actions:
A) Find that Zoning Text Amendment (ZTA) No. 21-006 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act (CEQA); and
B) Recommend approval of Zoning Text Amendment No. 21-006 with findings (Attachment No. 1) by approving draft City Council Ordinance No. 4234 and forward to the City Council for consideration (Attachment No. 2).
end
ALTERNATIVE ACTION(S):
A) Do not recommend approval of Zoning Text Amendment No. 21-006 to the City Council; or
B) Continue Zoning Text Amendment No. 21-006 and direct staff accordingly.
PROJECT PROPOSAL:
Background:
Electric vehicles and electric vehicle charging stations have become more prevalent in the City in recent years. Building permit applications for publicly accessible electric vehicle charging stations are often proposed within parking lots at commercial shopping centers. Most of these charging stations are provided by independent contractors and provide charging services to the user for a fee. Some charging stations are operated at no cost to the user, especially when the installation is funded via grants. In other cases, when the electric charging services are provided for free to the driver, the independent contractor earns revenue by providing off-site advertising in LED message boards within the charging unit itself. The LED message boards typically face the public areas of the shopping center, allow the independent contractor to sell advertising, and subsequently provide the charging services at no cost.
The advertising associated with these electric vehicle charging stations is in conflict with the provisions of the zoning code because off-premises signs, including billboards or advertising structures installed for the purpose of advertising a project, subject or business unrelated to the premises upon which the sign is located, are currently prohibited.
On the other hand, signs manufactured as a standard, integral part of a mass-produced product accessory or display structure including vending machines, automated teller machines, and gasoline pumps are exempt from sign permit requirements. These types of product or display structure signs are not restricted by content and no fee, permit or application is required.
On August 10, 2021, staff presented a suggested Zoning Text Amendment to add electric vehicle charging stations signs to the list of mass-produced product or display structures that are exempt from sign permit requirements.
Previous Public Hearing:
The Planning Commission held a public hearing to consider the request on August 10, 2021. There was no one who spoke during the meeting. The Planning Commission raised several concerns with the proposal to exempt the EV charging stations signs from permit requirements as they determined that EV charging station signs were not similar to gasoline dispensary signs.
Instead, the Planning Commission expressed a desire to regulate and limit the size, lighting, sound, location, and number of the off-premise advertising signs. Staff evaluated the Planning Commission’s comments and is returning with a newly proposed sign ordinance to capture the Planning Commission’s concerns.
Staff now recommends incorporating EV charging station signs into the already existing zoning code section for Readerboard Signs, which allow for off-premise advertising on an electronic screen in certain circumstances.
ISSUES AND ANALYSIS:
General Plan Conformance:
The ZTA is consistent with the goals and policies of the General Plan as follows:
Land Use Element
Goal LU-11 - Commercial land uses provide goods and services to meet regional and local needs.
Policy LU-11 (A) - Encourage a variety of commercial uses that cater to local and regional demand to create an environment that meets the needs and increases the capture of sales tax revenues.
Environmental Resources and Conservation Element
Goal ERC-13 - Increase both distributed generation and utility renewable energy sources within municipal and community-wide practices.
Policy ERR-13 (B) - Encourage renewable energy options that are affordable and benefit all community members.
Circulation Element
Goal CIRC-8 - Planning and infrastructure support electric and alternative fuel vehicles through power or fueling stations and other means.
As electric vehicle production and ownership expands within the City, charging stations conveniently located within commercial shopping centers meets the needs of both visitors and residents alike. The revenue derived from the advertising allows the charge to be free to the electric vehicle owner. This incentive encourages electric vehicle ownership, which helps reduce carbon emissions and is good for the environment.
The Planning Commission raised reasonable sign pollution and related aesthetic concerns. Land use regulations often entail a critical analysis of tradeoffs between different policy objectives. The proposed modifications to the sign code do enable vehicle charging stations to include a mini-electronic billboard of sorts and conduct offsite advertising. Cities in general, and the City of Huntington Beach in particular, have not favored such sign clutter for multiple reasons.
Reduction of greenhouse gases (GHG) has been an issue of statewide concern since 2005 when then-Governor Arnold Schwarzenegger signed Executive Order (EO) S-3-05, declaring that California is vulnerable to the impacts of climate change through reductions in the Sierra Nevada snowpack (a major source of water for the state), reduced air quality, and rising sea levels. EO S-3-05 also sets the following GHG reduction goals for the state:
• Reduce emissions to 2000 levels by 2010
• Reduce emissions to 1990 levels by 2020
• Reduce emissions to 80% below 1990 levels by 2050
Numerous assembly bills and senate bills aimed at identifying and reducing sources of GHG have subsequently become effective in California. In particular, vehicle emissions have been identified as a primary source of greenhouse gases. The figure below, from the recent General Plan update, illustrates Transportation, defined as on-road vehicle trips that begin and/or end in Huntington Beach, as the single largest contributor to GHG emissions in the city.
As another example, the California Air Resources Board (CARB), in January 2012, approved the Advanced Clean Cars program, an emissions-control program for model years 2017 through 2025. The program combines the control of smog, soot, and GHGs with requirements for greater numbers of zero-emission vehicles. By 2025, when the rules will be fully implemented, the new automobiles will emit 34 percent fewer global warming gases and 75 percent fewer smog-forming emissions. The program also requires car manufacturers to offer for sale an increasing number of zero-emission vehicles each year, including battery electric, fuel cell, and plug-in hybrid electric vehicles. In December 2012, CARB adopted regulations allowing car manufacturers to comply with California's GHG emissions requirements for model years 2017-2025 through compliance with the EPA GHG requirements for those same model years (CARB 2012).
With the advent of these and other bills, electric vehicles and the need for charging stations throughout the City will become more prevalent. Encouraging electric vehicles by making ownership more affordable will further assist in reduction of GHG. Expansion of the charging station network in turn can make vehicle ownership more convenient, practical, and affordable. In this particular case, due to the State’s objectives and other General Plan objectives achieved (see above list) by allowing these electronic signs for offsite advertising, the tradeoffs are worthy of Planning Commission consideration.
Zoning Compliance:
The signs associated with electric vehicle charging stations are typically reader board type signs and include a revolving message/advertising display. They are usually proposed in commercial center parking lots and the LED signs are visible to users of the property such as e-vehicle owners charging their vehicle and other visitors and pedestrians at the shopping center (see example in Attachment No. 4). By including such signs in the list of Readerboard Signs, the electric vehicle charging station operator can sell advertising and then provide the charge free or with a nominal fee to customers.
ZTA 21-006 includes the following amendments, in bold underlined blue typeface, to HBZSO Section 233.14 Readerboard Signs-Multiple Users:
233.14 Readerboard Signs-Multiple Users
Off-site electronic readerboard signs may be permitted subject to review by the Design Review Board and approval of a conditional use permit by the Zoning Administrator. Off-site electronic readerboards as part of an electric vehicle charging station may be permitted subject to building permit and compliance with criteria in 233.14 F. Approval of all other electronic readerboard signs shall be subject to the following criteria A. through E.:
A. Required Findings. Prior to approving a conditional use permit to allow a multiple user electronic readerboard sign, the Zoning Administrator shall make the following findings:
1. The proposed electronic readerboard sign conforms with the standards and criteria as set forth in the Huntington Beach Zoning and Subdivision Ordinance;
2. The proposed electronic readerboard sign will not adversely impact traffic circulation in adjacent right-of-way or create a hazard to vehicle or pedestrian traffic.
B. Multiple User Readerboard Sign Criteria.
1. Multiple user electronic readerboard signs may be located at a site which is not the location of any of the parties using the sign for advertising.
2. Multiple user electronic readerboard shall be freestanding.
3. The maximum sign area shall be 1,200 square feet.
4. The maximum height of a multiple user readerboard sign shall be 85 feet.
5. The multiple user readerboard shall have cylinders or directional incandescent lamps and have a shade screen or louver system, a shade screen and a photocell for reducing the intensity of lighting at night.
C. Lighting Standards.
1. The maximum night time light intensity and illuminance shall conform to the following:
Maximum Night Time Intensity
|
Height from Ground (in feet) |
5 |
10 |
20 |
30 |
50 |
70 |
85 |
|
Max. Intensity (x 1,000 lumens) |
125 |
130 |
145 |
170 |
250 |
370 |
490 |
Maximum Night Time Illuminance
|
Land Use at Receptor Site |
Residential |
Commercial |
Other |
|
Max. Illuminance (foot-candles) |
0.3 |
2.0 |
1.0 |
The maximum night time illuminance shall be measured at the receptor site, at ground level, by a direct reading, portable light meter. Measurements shall not be made within one hour after sunset or before sunrise.
2. Illuminance shall be determined by the difference between a reading taken with the sign on and another reading taken within three minutes with the sign off.
3. An illuminance chart shall be prepared by a licensed engineer and submitted to the Director for approval prior to installation. Conformance with this section shall be verified by actual measurements made, as specified herein, after installation. The method of measurement and results shall be subject to approval of the Director.
D. Location Requirements.
1. A multiple user readerboard shall be located no farther than 200 feet from a freeway.
2. The minimum distance between multiple user readerboards shall be 1,000 feet.
3. The sign shall be a minimum distance of 600 feet from residential properties.
E. Other Standards.
1. No off-site electronic readerboard will be permitted except for multiple users.
2. At least 20% of the message time, or any percentage deemed necessary by the City for emergency conditions shall be used for public service announcements.
3. Messages in a multiple user sign shall be no faster than one message every four seconds and the minimum interval between messages shall be at least one second.
4. Light intensity changes (other than between day and night uses) are not permitted.
F. Electronic Vehicle Charging Station Sign (EVCSS) Standards.
1. The EVCSS shall have a maximum of two (2) sides and a maximum of nine (9) square feet of signage on each side. The maximum height of an EVCSS is five (5) feet and shall be designed with a solid monument type base and integrated into the EV charging station.
2. All EVCSS shall be located at the head of each parking stall and oriented toward the single vehicle user and/or adjacent sidewalk. The EVCSS shall maintain a minimum 10 feet by 10 feet visibility triangle at the foot of each parking stall. The EVCSS shall not encroach into the required parking stall dimensions. If located within a landscaped area, any required landscaping shall be replaced.
3. Only static or still pictures and images are permitted on the EVCSS; moving video type images are not permitted.
4. No audio or sound components are permitted on the EVCSS.
5. The EVCSS shall be located a minimum of 150 feet from any residential property line or residential use.
6. The EVCSS screen shall dim by at least 50% between 8:00 pm and 8:00 am.
7. There shall be a maximum of two (2) EVCSS for every 100 parking stalls on the property.
8. An EVCSS with Level 1 (approximately 120 volt outlet) and Level 2 Chargers (approximately 240 volt outlet) shall be provided free of charge to the public consumer; Level 3 Direct Current Fast Chargers (approximate range in output from 50 kW to 350 kW) may include a fee to the consumer.
9. Each EVCSS shall comply with 233.14 C. Lighting Standards.
10. Each EVCSS shall comply with 233.14 E. Other Standards.
11. Electric vehicle charging stations, which include readerboard signage granted under this section, shall be in operational working condition at all times and, at a minimum, available for use during regular business hours. When an electric vehicle charging station is not operational for 14 consecutive days, it shall be considered to have been removed from service. If removed from service, the EVCSS shall be removed from the site and the parking spaces shall be returned to their original condition within 30 days.
Presently, signs included on EV charging stations are not addressed in the HBZSO and therefore are prohibited. Establishing the above regulations as part of the readerboard sign section of the code provides parameters for size, location, height, and frequency of messaging while allowing for off-site advertising to occur. The proposed revisions to Chapter 233, Signs, are responsive to the Planning Commission’s comments at the August 10, 2021 public hearing.
Urban Design Guidelines Conformance:
Not applicable
Environmental Status:
ZTA No. 21-006 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act, because minor amendments to zoning ordinances that do not change the development standards intensity or density, are exempt.
Coastal Status:
If approved, this ZTA will require approval of a Local Coastal Program Amendment by the California Coastal Commission to incorporate the new provisions in the Coastal Zone.
Design Review Board:
No applicable
Other Departments Concerns and Requirements:
No applicable
Public Notification:
Legal notice was published in the Huntington Beach Wave on December 30, 2021 and notices were sent to individuals and organizations requesting notification. As of January 5, 2022, no communications regarding the request have been received.
Application Processing Dates:
|
DATE OF COMPLETE APPLICATION: |
MANDATORY PROCESSING DATE(S): |
|
Not applicable |
Not applicable |
SUMMARY:
Staff recommends approval of ZTA No. 21-006 based on the following:
1. It is consistent with general land use and environmental resources goals and policies of the General Plan.
2. The revenue derived from advertising allows the electric vehicle charge to be free to consumers.
ATTACHMENTS:
1. ZTA No. 21-006 Suggested Findings for Approval
2. Draft City Council Ordinance No. XXXX
3. ZTA No. 21-006 Legislative Draft and Revised HBZSO Section 233.14
4. Example Charging Station