ELECTRIC VEHICLE PARKING AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 1, “GENERAL PROVISIONS,” ARTICLE II, “DEFINITIONS”, BY AMENDING SECTION 1.2.1, ENTITLED “GENERAL DEFINITIONS,” BY AMENDING THE DEFINITION OF ELECTRIC VEHICLE CHARGING LEVEL; AND BY AMENDING CHAPTER 5, “OFF-STREET PARKING,” ARTICLE II, “VEHICLE PARKING, BICYCLE PARKING AND OFF-STREET LOADING REQUIREMENTS”, BY AMENDING SECTION 5.2.12, ENTITLED “ELECTRIC VEHICLE PARKING,” TO INCREASE THE MINIMUM REQUIREMENTS FOR ELECTRIC VEHICLE PARKING SPACES AND CHARGING STATIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.

On November 16, 2022, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion (C4 T) to the Land Use and Sustainability Committee (LUSC) pertaining to electric vehicle (EV) parking requirements. On January 25, 2023, the LUSC discussed the item and continued it to the March 1, 2023, LUSC meeting for additional discussion.

On March 1, 2023, the LUSC discussed the item and continued it to the May 10, 2023, LUSC meeting, with direction to staff to draft an ordinance based upon the recommendations in the LUSC memorandum and the following:

1. Minimum of 10% of spaces in new construction shall be dedicated to Level 2 chargers or higher.

2. Parking spaces in new construction shall be hardwired for EV charging.

3. Study mechanisms to require a minimum number of Level 3 chargers in common areas.

On May 10, 2023, the LUSC discussed a draft ordinance and recommended that the City Commission refer the proposed ordinance to the Planning Board. On June 28, 2023, the City Commission referred the item to the Planning Board (item C4 L).

On November 15, 2023, Commissioner Alex Fernandez agreed to become the new sponsor for the ordinance.

On January 13, 2016, an Ordinance was adopted by the City Commission establishing the City’s current electric vehicle (EV) parking requirements for new construction. Except for single-family districts, Level 2 charging stations are currently required for 2% of the required parking spaces for new developments.

In 2016, when the EV parking requirements were established, the 2% rate for Level-2 charging stations was based on the requirements of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) rating system, which requires that 2% of all parking spaces used by a project contain EV parking spaces, to be awarded a LEED credit. Generally, developers will provide more than the required number of EV spaces if there is a demand, or private parking spaces will be individually retrofitted with charging stations.

The City currently does not have any requirements for Level 3 chargers (Direct Current (DC) Fast Chargers), which are equivalent to the Tesla Fast Charger. Only Tesla cars are equipped to utilize Tesla chargers, but Tesla cars can utilize generic Level 3 fast chargers. Such chargers are typically used for quick charging for long-range travel along major highways.

The attached ordinance updates and amends the current EV parking requirements in the Land Development Regulations of the City Code (LDRs). The following is a summary of the proposed amendments contained in the attached draft ordinance:

1. Use. Different requirements for EV parking are established based on residential, hotel or commercial uses, as well as stand-alone parking garages and parking lots.

2. Level 2 Chargers. Requires that for all uses, as well as stand-alone parking garages and lots, a minimum of 10% of the provided parking (for residential/hotel and stand-alone garages and lots) or required parking (for commercial development) shall be equipped with an electric vehicle charging station rated at Level 2 or higher. When guest parking is required, a minimum of 10% of the guest parking must also be equipped with Level 2 chargers.

3. EV-Ready Spaces. For residential use, any spaces that are not equipped with Level 2 chargers must be equipped with a minimum 240-volt electrical supply for the future installation of Level 2 chargers.

4. Mechanical Parking. When mechanical parking is provided in residential construction, where it is not feasible to provide power or a charging station for an elevated vehicle, a Level 3 charger must be provided for every ten (10) mechanical parking spaces where power cannot be supplied.

5. Level 3 Chargers. The following are proposed requirements for Level 3 charging stations:

a. Commercial Development and Hotels: Two (2) Level 3 chargers are required when 60 or more parking spaces are required, and one (1) additional Level 3 charger for every additional 60 required spaces. Additionally, all Level 3 charging stations must be made available to any member of the public with an electric vehicle for active charging, and they shall not be limited to patrons of the building only.

b. Standalone Parking Garages and Lots: Same requirements for commercial development but based on parking spaces provided, as opposed to required spaces.

c. Residential Multifamily: A minimum of two (2) Level 3 chargers are required when 60 or more units are provided, and one additional Level 3 charger is required for each additional 60 units.

d. Access: For residential development, required Level 3 chargers must be made available to all residents, guests, invitees, and employees. Only non-required Level 3 chargers may be reserved for individual units.

PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).

UPDATE

The subject ordinance was approved at First Reading on December 13, 2023, with no changes.

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.

LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsor as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable