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I • I ( AMENDED IN COMMITTEE FILE NO. 220036 7/18/2022 ORDINANCE NO. 190 - 22 [Planning Code - Electric Vehicle Charging Locations] Ordinance amending the Planning Code to create Electric Vehicle Charging Location and Fleet Charging as Automotive Uses, allow conversion of Automotive Service Stations to Electric Vehicle Charging Locations without Conditional Use authorization and principally permit conversion of other Automotive Uses to Electric Vehicle Charging Locations, revise zoning control tables to reflect these changes, and require annual reporting by the Planning Department regarding Electric Vehicle Charging Location and Fleet Charging project approvals; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times ]">kw Roman f<mt. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 1 , .. ., I Supervisors in File No. 220036 and is incorporated herein by reference. The Board affirms this determination. (b) On April 14, 2022, the Planning Commission, in Resolution No. 21099, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101 .1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 220036, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21099, and incorporates such reasons by this reference thereto. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 220036, and is incorporated herein by reference. (d) This ordinance is based on the following findings: (1) In 2021, the Intergovernmental Panel on Climate Change issued a report further underscoring the need for urgent action to cut global greenhouse gas emissions (GHGs) in half by 2030 and reach net-zero emissions no later than 2050to prevent the most catastrophic effects of climate change and reduce detrimental impacts to human health and ecosystems. (2) San Francisco, the Bay Area, and the State of California are already suffering the effects of climate change in the form of droughts, air pollution, extreme heat, frequent wildfires, flooding, and other drastic impacts on weather and the environment. (3) To address these urgent challenges, in 2021 Mayor London Breed sponsored legislation to update the City's climate action goals. As a result of Ordinance No. 117-21, San Francisco now has climate action goals to reduce emissions 61% below 1990 levels by 2030 and reach net-zero emissions by 2040. Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page I I l (4) To achieve net-zero emissions by 2040, the updated climate action goals prioritize the City's Transit First policy and encourage a shift to low-carbon modes of transportation such as taking transit, walking, and biking. All remaining modes of transportation, including private and commercial vehicles, must be electrified to further reduce and eventually eliminate remaining transportation emissions. (5) The City's climate action targets, per Ordinance No. 117-21, include the following transportation and land use goals: (A) By 2030, 80% of trips taken by low-carbon modes such as walking, biking, transit, and shared Electric Vehicles (EVs). (B) By 2030, increase vehicle electrification to at least 25% of all registered private vehicles, and, by 2040, to 100% of all such vehicles. (6) As reported in the latest San Francisco GHG Emissions Inventory, San Francisco's 2019 emissions were 41 % below 1990 levels-six years ahead of the previously established goal to reduce emissions 40% by 2025. However, additional efforts must be undertaken to ensure the net-zero commitment is met by 2050. (7) As of 2019, nearly half (47%) of San Francisco's GHG emissions came from the transportation sector, with the vast majority (72%) of those emissions from privately owned cars and trucks. Despite the City's success in reducing overall emissions to date, GHG emissions from the transportation sector have remained relatively stable. (8) In 2019, Mayor Breed released the Electric Vehicle Roadmap ("the Roadmap") to accelerate and advance EV adoption to reduce emissions and associated air pollution health impacts from the transportation sector. To date, EVs represent about 11 % of new light-duty vehicle registrations in San Francisco. The Roadmap sets a 2030 goal of 100% of new passenger vehicle registrations with no increase in total vehicle registrations per household and an ambitious goal of 100% emission-free ground transportation by 2040. Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page These goals are aligned with California's targets to increase EV adoption and access to EV charging. In September 2020, Governor Gavin Newsom issued an executive order requiring only zero emission passenger cars to be sold in California by 2035. Additionally, the City's goals are aligned with the Biden Administration's goal that 50% of all new vehicles sold in the United States in 2030 be zero-emission vehicles. (9) The rate of EV adoption is determined in large part by access to charging. The three greatest barriers at this time for drivers to buy EVs are cost of the EVs, lack of charging infrastructure, and the range of EVs, the latter two barriers are interrelated and result in "range anxiety," or the fear that EV owners won't be able to locate a charger or that if they do, someone else will be using it. (10) Range anxiety is also an equity issue. Nearly 70% of San Francisco residents live in multi-unit buildings and most such residents do not have access to off-street parking or home charging. EV charging at home should not be a privilege available only to single-family home residents or those with EV charging available at the workplace. To provide expanded access to EV charging, in June 2021, the California Public Utilities Commission ruled that electrical corporations should prioritize their near-term investments to create charging options to customers without access to home charging. (11) Publicly accessible EV charging stations-including public Level 2 (240 volt), DC fast ("superchargers"), and workplace chargers-are the most efficient and effective solution to meet anticipated demand for EV charging. San Francisco's combination of population density, small size, and resulting high land costs make it the perfect place to install fast-charging plazas that mimic the gas station experience that drivers have come to expect when fueling their vehicles. Fast-charging plazas are integral to San Francisco's developing a comprehensive public charging network. With a robust network of public charging stations, E owners will be able to access fast charging as needed and close to their homes. Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page (12) Without this ordinance's amendments of the Planning Code, further air quality and GHG degradation would occur because the ongoing inconvenience of finding EV charging stations would result in a low rate of adoption of EVs. Multiple studies have suggested a correlation between increasing the number of charging stations and higher EV adoption rates, as summarized in an October 2017 white paper by the International Council on Clean Transportation (ICCT). In addition, the EV Roadmap identified the expansion of publicly accessible Level 2 and fast charging infrastructure in San Francisco as a key strategy to increase EV adoption rates. (13) In 2020, the ICCT completed a study on San Francisco's EV charging needs in 2030 and 2040. The ICCT projects that by 2030, more than 170,000 light-duty EVs will be registered in the City. To meet that charging demand, the City must have six times more charging capacity than in 2019. The number of publicly accessible charging stations in San Francisco needs to increase from about 800 in 2019 to 2,000 by 2025, and over 5,000 by 2030, to meet this demand. (14) Currently, EV charging is not defined in the Planning Code. As a result, applications to install EV charging projects require an EV service provider (EVSP) and the Planning Department or Commission to work out a permitting pathway, on a case-by-case basis, using Planning Code provisions designed for gas stations and auto service centers. The existing use categories are an imperfect fit for this new use. They impose limitations more appropriate for the facilities they were intended to address-conventional fueling facilities-rather than less-impactful EV charging stations, creating lengthy approval processes and bureaucratic delays that should be avoided for EV charging projects. (15) By defining "Electric Vehicle Charging Location" as an "Automotive Use" in the Planning Code and establishing zones in the City in which stand-alone EV charging is permitted, this ordinance will make it easier to convert existing sites with "Automotive Uses" to Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page EV charging plazas or hubs. This will result in a clear approval path for EV charging projects, reducing delays and additional workflow in Planning, and expanding opportunities to deploy publicly accessible EV charging stations within San Francisco. This ordinance will expedite expansion of critical EV charging services, creating new public charging options for San Francisco residents and visitors, thus encouraging the adoption of EVs by a greater share of the population. This in turn will help the City meet its climate action goals to reduce emissions from the transportation sector. Section 2. The Planning Code is hereby amended by revising Sections 102 (including placing new defined terms in alphabetical sequence with existing defined terms), 142, 187.1, 202.2, 202.5, 204,210.1, 210.2, 210.3, 311,710,711, and 713, and adding Sections 202.13 and 204.6, to read as follows: SEC. 102. DEFINITIONS. * * * * A * * * * Automotive Use. A Commercial Use category that includes Automotive Repair, Ambulance Services, Automobile Sale or Rental, Automotive Service Station, Automotive Wash, Electric Vehicle Charging Location. Fleet Charging. Gas Station, Parcel Delivery Service, Private Parking Garage, Private Parking Lot, Public Parking Garage, Public Parking Lot, Vehicle Storage Garage, Vehicle Storage Lot, and Motor Vehicle Tow Service. All Automotive Uses that have Vehicular Use Areas defined in this Section of the Code shall meet the screening requirements for vehicular use areas in Section 142. Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page Automotive Use, Non-Retail. A subcategory of Automotive Use that includes Ambulance Services, Fleet Charging, Parcel Delivery Service, Private Parking Garage, Private Parking Lot, and Motor Vehicle Tow Service. Automotive Use, Retail. A subcategory of Automotive Use that includes Automotive Repair, Automotive Sale or Rental, Automobile Service Station, Automotive Wash, Electric Vehicle Charging Location. Gas Station, Public Parking Garage, Public Parking Lot, Vehicle Storage Garage, and Vehicle Storage Lot. * * * * E * * * * Electric Vehicle Charging Location. Automotive Use. Retail that provides electricity to electric motor vehicles through more than one or moreElectric Vehicle Charging Stations on a retail basis to the general public as a primary use. Electric Vehicle Charging Locations may include up to one third of the total Electric Vehicle Charging Stations dedicated to Fleet Charging as an accessory use per Section 204 .6(a), and may include ancillary services. including but not limited to restrooms. self-service vending. and limited retail amenities primarily for the benefit o(customers charging their vehicles. Electric Vehicle Charging Station. An electric vehicle charging space served by an electric vehicle charger or other charging equipment. * * * * F * * * * Fleet Charging. Automotive Use, Non-Retail that provides electricity to electric motor vehicles through one or more Electric Vehicle Charging Stations that are dedicated or reserved for private Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page parties pursuant to contract or other agreement and are not available to the general public. Fleet Charging is not allowed as an accessory use to any other principal use. * * * * SEC. 142. SCREENING AND GREENING OF PARKING AND VEHICULAR USE AREAS. Off-street parking and Vehicular Use Areas adjacent to the public right-of-way shall be screened as provided in this Section 142. Where an existing Automotive Use converts to an Electric Vehicle Charging Location, the requirements o{this Section shall not apply. * * * * SEC. 187 .1. AUTOMOTIVE SERVICE STATIONS, ELECTRIC VEHICLE CHARGING LOCATIONS, AND GAS STATIONS AS LEGAL NONCONFORMING USES. (a) Continuation as a Nonconforming Use. Notwithstanding any other provision o this Code, an Automotive Service Station or a Gas Station as defined in Section 102 of this Code, located in a Residential district, and having legal nonconforming use status under the provisions of this Code on January 1, 1980, shall be regarded as a legal nonconforming use so long as the station either: (1) continues to sell and dispense gasoline and other motor fuels and lubricating fluids directly into motor vehicles or 2 transitions to an Electric Vehicle Char in Location. * * * * SEC. 202.2. LOCATION AND OPERATING CONDITIONS. * * * * (b) Automotive Uses. The Automotive Uses listed below shall be subject to the corresponding conditions: * * * * Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page (2) Conditional Use Authorization Required for Establishments that Sell Beer or Wine with Motor Vehicle Fuel. Any establishment that proposes to retail motor vehicle fuel and provide retail sale of beer or wine shall require Conditional Use authorization. The Planning Commission may deny authorization or grant Conditional Use authorization to an applicant based upon the criteria set forth in Section 303(c) of this Code. * * * * (D) Definitions. For purposes of Subsection 202.2(b)(1) and (2), the following definitions shall apply: (i) "Alcoholic beverages" shall be as defined in California Business and Professions Code Section 23004; (ii) "Beer" and "wine" shall be as defined in California Business and Professions Code Section 23006 and Section 23007, respectively; (iii) "Motor vehicle fuel" shall mean gasoline, other motor fuels including electricity at an Electric Vehicle Charging Location, and lubricating oil dispensed directly into motor vehicles; and (iv) "Establishment" shall include an arrangement where a lot containing a business selling motor vehicle fuel provides direct access to another business selling alcoholic beverages on the same or adjacent lot. * * * * (3) Automotive Wash. Cleaning and polishing are required to be conducted within an enclosed building having no openings, other than fixed windows or exits required by law located within 50 feet of any R District, and that has an off-street waiting and storage area outside the building which accommodates at least one-quarter the hourly capacity in vehicles of the enclosed operations, provided: (1) that incidental noise is reasonably confined to the premises by adequate soundproofing or other device; and (2) that complete enclosure within Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page building may be required as a condition of approval, notwithstanding any other provision of this Code; but the foregoing provisions shall not preclude the imposition of any additional conditions pursuant to Section 303 of this Code. (4) Electric Vehicle Charging Location. At Electric Vehicle Charging Locations. the Electric Vehicle Charging Stations. including the charging space for the electric vehicle and all necessary charging equipment and infrastructure. may be located within any setbacks required by the underlying zoning district. Any structures associated with ancillary services. including restrooms or vending machines. must adhere to any underlying zoning setback requirements. (5) Fleet Charging and Electric Vehicle Charging Location Reporting Requirements. Beginning on June 1. 2023. the Planning Department shall submit a report to the Board of Supervisors and the Mayor that includes the number and location of all Electric Vehicle Charging Locations and Fleet Charging locations that have been approved since the ordinance in Board File No. 220036 establishing this reporting requirement became effective. The Planning Department's report shall include: the address of each such charging location. number of charging stations at each location. prior use of the property. whether the charging location was principally permitted or conditionally permitted. and what percent o[each station is dedicated to Fleet Charging. The Planning Department shall submit this report annually for five years. with the last report to be submitted on June 1. 2027. * * * * SEC. 202.5. CONVERSION OF AUTOMOTIVE SERVICE STATIONS. * * * * (b) Definitions. Whenever used in this Section, unless a different meaning clearly appears from the context: (1) "Automotive Service Station" or "service station" shall mean a retail automotiv service use as defined in Section 102 of this Code. Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 1 (2) "Conversion" shall mean to change the use of a property from a service station use to a different type of use. A change from Automotive Service Station to Electric Vehicle Charging Location is not a change to a different type o(use and shall not be a "Conversion " subject to this Section. * * * * SEC. 202.13. CONVERSION OF AUTOMOTIVE USE TO ELECTRIC VEHICLE CHARGING LOCATION. Notwithstanding any other provisions of this Code, any Automotive Use. including Retail or Non-Retail uses, as defined in Section I 02, shall be principally permitted to convert to an Electric Vehicle Charging Location, also as defined in Section I 02. regardless of the underlying zoning district. Further, such conversion shall not be subject to the notification requirements outlined in Section 311. SEC. 204. ACCESSORY USES, GENERAL. This Section 204 and Sections 204.1 through 204.JQ, shall regulate Accessory Uses, as defined in Section 102. Any use which does not qualify as an Accessory Use shall be classified as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code. * * * * SEC. 204.6. FLEET CHARGING NOT PERMITTED AS ACCESSORY USE+O ELECTRIC VEHICLE CHARGING LOCATIONS:. In all use districts of the City, Fleet Charging is not permitted In order for to be a classified as an Accessory Use to an Electric Vehicle Charging Location, no more than one third of the Electric Vehicle Charging Stations may be dedicated to Fleet Charging and hvo thirds, or more, of the Electric Vehicle Charging Stations shall be available for general public use=- * * * * Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 11 SEC. 210.1. C-2 DISTRICTS: COMMUNITY BUSINESS. * * * * Table 210.1 ZONING CONTROL TABLE FOR C-2 DISTRICTS I Zoning Category I § References I C-2 * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Automotive Use Category Automotive Repair § 102 NP Automotive Sale/Rental § 102 p (3) Automotive Service Station §§ 102, 202.2(b), 202.5 p (2) Automotive Wash §§ 102, 202.2(b) C (2) Electric Vehicle Charging Location §§ 102, 202.2(b), 202.13 f_ Fleet Charging § 102 C * * * * SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL. * * * * Table 210.2 ZONING CONTROL TABLE FOR C-3 DISTRICTS Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 1 Zoning § References C-3-0 C-3- C-3-R C-3-G Category O(SD) * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Automotive Use Category Automotive Repair § 102 NP NP NP NP Automotive p (4) Sale/Rental § 102 p (4) p (4) p (3) Automotive §§ 102, 202.2(b), Service NP NP NP p Station 202.5 Automotive NP Wash §§ 102, 202.2(b) NP NP C Electric Vehicle H 102, 202.2cb2, Charging C C C C Location 202.13 Fleet Charging § 102 C C C C Gas Station §§ 102, 187.1, NP NP NP CP. 202.2(b) * * * * SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS C-3-S p p (3) p C C C CP. Page 12 Zoning § References PDR-1-B PDR-1-0 PDR-1-G PDR-2 Category * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Automotive Use Category Automotive Uses* § 102 NP p p p Automotive p (3) Repair § 102 p p p Automotive p Sale/Rental § 102 p (4) p p Automotive §§ 102, 202.2(b), Service p p p p Station 202.5 Automotive p Wash §§ 102, 202.2(b) p p p Electric Vehicle ££ 102, 202.2(b2 , Charging p p p p Location 202. 13 Fleet Charging £ 102 C C{24)P C{24)P C{24)P * * * * (24) P where existing use is a Private Parking Lot or Vehicle Storage Lot. SEC. 311. PERMIT REVIEW PROCEDURES. (a) Purpose. The purpose of this Section 31 1 is to establish procedures for reviewing building permit applications to determine compatibility of the proposal with the neighborhood Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 1, and for providing notice to property owners and residents on the site and neighboring the site of the proposed project and to interested neighborhood organizations, so that concerns about a project may be identified and resolved during the review of the permit. (b) Applicability. Except as indicated in this subsection (b), all building permit applications in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts for a change of use; establishment of a Micro Wireless Telecommunications Services Facility; establishment of a Formula Retail Use; demolition, new construction, or alteration of buildings; and the removal of an authorized or unauthorized residential unit, shall be subject to the notification and review procedures required by this Section 311 . In addition, with the exception of Grandfathered MCDs converting to Cannabis Retail use pursuant to Section 190(a), all building permit applications that would establish Cannabis Retail or Medical Cannabis Dispensary uses, regardless of zoning district, shall be subject to the notification and review procedures required by this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a Child Care Facility, as defined in Section 102, shall not be subject to the review requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, building permit applications to construct an Accessory Dwelling Unit pursuant to Section 207(c)(6) shall not be subject to the notification or review requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a principally permitted use in an NC or NCT District, or in a limited commercial use or a limited corner commercial use, as defined in Sections 186 and 231, respectively, shall not be subject to the review or notice requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311. building permit applications to change any existing Automotive Use to an Electric Vehicle Char in this Section 311. Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 1 * * * * SEC. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE * * * * Zoning Category § References Controls * * * * NON-RESIDENTIAL STANDARDS * * * * Non-Residential Uses Controls by Story 1st I 2nd I 3rd+ * * * * Automotive Use Category Automotive Uses* § 102 NP NP NP Electric Vehicle Charging §§ 102, 202.2(b), 202.13 C(l2) C(l2) C(l2) Location Parking Garage, Private § 102 C C C * * * * (12) P where existing use is any Automotive Use. * * * * SEC. 711. NC-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 1E * * * * Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 ZONING CONTROL TABLE * * * * Zoning Category § References Controls * * * * NON-RESIDENTIAL STANDARDS * * * * Non-Residential Uses Controls by Story 1st I 2nd I 3rd+ * * * * Automotive Use Category Automotive Uses* § 102 NP NP NP Automotive Repair § 102 C NP NP Automotive Service Station §§ 102, 202.2(b) C NP NP Electric Vehicle Charging §§ 102, 202.2(b), 202.13 C(13) C(13) C(13) Location Fleet Charging § 102 C C C Gas Station §§ 102, 187.1, 202.2(b) C NP NP * * * * (13) P where existing use is any Automotive Use. Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 1i * * * * SEC. 713. NC-S - NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT. * * * * Table 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE * * * * Zoning Category § References Controls * * * * NON-RESIDENTIAL STANDARDS * * * * Non-Residential Uses Controls by Story 1st I 2nd I 3rd+ * * * * Automotive Use Category Automotive Uses* § 102 NP NP NP Automotive Sale/Rental § 102 C NP NP Automotive Service Station §§ 102, 202.2(b) p NP NP Automotive Wash §§ 102, 202.2(b) C NP NP ' Electric Vehicle Charging §§ 102, 202.2(b), 202.13 C(9) C(9) C(9) Location Gas Station §§ 102,187.1, 202.2(b) C NP NP Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page H * * * * (9) P where existing use is any Automotive Use. Section 3. Amendment of Specific Zoning Control Tables. Zoning Control Tables 712, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725,726,727,728,729,730,731,732,733,734,735,736,737,738,739,740,741,742, 743,744,745,750,751,752,753,754,755,756,757,758,759,760,761,762,763, and764 are hereby amended identically to the amendment of Zoning Control Table 711 in Section 2 of this ordinance, to create "Electric Vehicle Charging Location" and "Fleet Charging" as new Non-Residential Uses within the Automotive Use Category, citing Planning Code Sections 102, 202.2(b) and 202.13 as references, identifying "C" as the zoning control, and including the note for "Electric Vehicle Charging Location" use ("P where existing use is any Automotive Use."), provided that the note shall be numbered as appropriate for each table, as follows. Zoning Control Table Note# Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 1 Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 2 Section 4. The Planning Code is hereby amended by revising Sections 810, 811, 812, 827, 829, 840, 841, 842, 843, 844, 845, 846, 847, and 848, to read as follows: SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. * * * * Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page2 Table 810. CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL USES Controls by Story 1st I 2nd I 3rd+ * * * * Automotive Use Category Automotive Uses* §§ 102, 202.J4 NP NP NP Electric Vehicle Charging §§ 102, 202.2(b), 202.13 C(4) C(4) C(4) Location Parking Garage, Private § 102 C C C * * * * (4) P where existing use is any Automotive Use. * * * * SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. * * * * Table 811. CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL USES Controls by Story 1st I 2nd I 3rd+ Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 2~ * * * * Automotive Use Category Automotive Uses* §§ 102, 202.J4 NP NP NP Electric Vehicle Charging §§ 102. 202.2(b), 202.13 C(3) C(3) C(3) Location Parking Garage, Private § 102 C C C * * * * (3) P where existing use is any Automotive Use. * * * * SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Zoning Category § References Controls NON-RESIDENTIAL USES Controls by Story 1st I 2nd I 3rd+ * * * * Automotive Use Category Automotive Uses* §§ 102, 202.J4 NP NP NP Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 23 Electric Vehicle Charging Location Parking Garage, Private * * * * §§ 102, 202.2(b), 202.13 § 102 (3) P where existing use is any Automotive Use. * * * * C C C SEC. 827. RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (RH-DTR). * * * * Table 827 RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE No. Zoning Category § References * * * * Non-Residential Standards and Uses * * * * .40 Automotive Repair §890.15 Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Rincon Hill Downtown Residential Mixed Use District Zoning Controls NP Page 2~ , l Electric Vehicle Charging Location §§ 102, 202.2(b), .40a C 202.13 .40b Fleet Charging § 102 NP * * * * SEC. 829. SOUTH BEACH DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (SB-DTR). * * * * Table 829 SOUTH BEACH DOWNTOWN RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE South Beach Downtown No. Zoning Category § References Residential Mixed Use District Zoning Controls * * * * Non-Residential Standards and Uses * * * * .40 Automotive Repair § 890.15 NP .40a Electric Vehicle Charging Location §§ 102, 202.2(b), C 202.13 .40b Fleet Charging § 102 NP Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 2~ * * * * SEC. 840. MUG - MIXED USE-GENERAL DISTRICT. * * * * Table 840 MUG - MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References * * * * Motor Vehicle Services * * * * 840.75 840. 76 I 840. 77 * * * * Non-Auto Vehicle Sales or Rental § 890.69 Electric Vehicle Charging Location Fleet Charging §'§' 102, 202. 2(b), 202.13 SEC. 841. MUR - MIXED USE-RESIDENTIAL DISTRICT. * * * * Table 841 Mixed Use-General District Controls p p C and must be within an enclosed building MUR - MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE * * * * Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 2( Mixed Use- No. Zoning Category § References Residential District Controls * * * * Motor Vehicle Services * * * * 841 .75 Non-Auto Vehicle Sales or Rental § 890.69 p §§ 102. 202.2(b), 841. 76 Electric Vehicle Charging Location p 202.13 C and must be within 841. 77 Fleet Charging § 102 an enclosed building * * * * SEC. 842. MUO - MIXED USE-OFFICE DISTRICT. * * * * Table 842 MUO - MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE Mixed Use-Office No. Zoning Category § References District Controls * * * * Motor Vehicle Services Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 2 , . i * * * * 842.75 Non-Auto Vehicle Sales or Rental § 890.69 p §§ 102. 202.2(b). 842. 76 Electric Vehicle Charging Location f_ 202.13 C and must be within 842. 77 Fleet Charging § 102 an enclosed building * * * * SEC. 843. UMU - URBAN MIXED USE DISTRICT. * * * * Table 843 UMU - URBAN MIXED USE DISTRICT ZONING CONTROL TABLE Urban Mixed Use No. Zoning Category § References District Controls * * * * Motor Vehicle Services 843.68 Electric Vehicle Charging Location §§ 102, 202.2(b). p 202.13 C and must be within 843.69 Fleet Charging s~ 102 an enclosed building 843.70 Vehicle Storage - Open Lot §890.131 NP Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 21 * * * * SEC. 844. WMUG - WSOMA MIXED USE-GENERAL DISTRICT. * * * * Table 844 WMUG - WSOMA MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References * * * * Motor Vehicle Services * * * * 844.75 844. 76 844. 77 Non-Auto Vehicle Sales or Rental § 890.69 Electric Vehicle Charging Location Fleet Charging §§ 102. 202.2(b), 202.13 Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS WSoMa Mixed Use- General District Controls C P with no ingress/egress onto alleys. as defined in the Western SoMa Community Plan. within or along any RED or RED-MX Districts C and must be within an enclosed building Page 2~ ' ~ ), * * * * SEC. 845. WMUO - WSOMA MIXED USE-OFFICE DISTRICT. * * * * Table 845 with no ingress/egress onto alleys, as defined in the Western SoMa Community Plan, within or along any RED or RED-MX Districts WMUO - WSOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE No. Zoning Category * * * * Motor Vehicle Services * * * * 845.75 Non-Auto Vehicle Sales or Rental 845. 76 Electric Vehicle Charging Location § References § 890.69 §§ 102. 202.2(b), 202.13 Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS WSoMa Mixed Use- Office District Controls p p Page 3( ' J 845. 77 Fleet Charging * * * * SEC. 846. SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT. * * * * Table 846 C and must be within an enclosed building SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References * * * * Motor Vehicle Services * * * * 846.75 846. 76 846. 77 * * * * Non-Auto Vehicle Sales or Rental § 890.69 Electric Vehicle Charging Location Fleet Charging §§ 102, 202.2(b), 202.13 SEC. 847. RED-MX - RESIDENTIAL ENCLAVE-MIXED DISTRICT. * * * * Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS p SALi District Controls C and must be within an enclosed building Page 31 ' • J. Table 847 RED-MX- RESIDENTIAL ENCLAVE-MIXED DISTRICT ZONING CONTROL TABLE Residential No. Zoning Category § References Enclave-Mixed Controls * * * * Automotive Services * * * * 847.63 Public Transportation Facility § 890.80 NP §§ 102. 202.2(b). 847.64 Electric Vehicle Charging Location NP 202.13 847.65 Fleet Charging § 102 NP * * * * SEC. 848. CMUO-CENTRAL SOMA MIXED-USE OFFICE DISTRICT. * * * * Table 848 CMUO-CENTRAL SOMA MIXED-USE OFFICE DISTRICT ZONING CONTROL TABLE Central SoMa Mixed Use-Office District Controls Zoning Category § References Controls Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 3: I O l * * * * Automotive Use Category Automotive Uses* Electric Vehicle Charging Location Fleet Charging * * * * § 102 §§ 102, 202.2(b), 202.13 p p C and must be within an enclosed building Section 5. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 6. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. The preceding sentence does not apply to Section 3 of the ordinance, which uses a different methodology for amending the sections of the Municipal Code to which it applies. Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 3' . ,. ).l APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Robb Kapla ROBB KAPLA Deputy City Attorney n:lleganalas202112100505101614632.docx Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai BOARD OF SUPERVISORS Page 3 ' ,., File Number: 220036 City and County of San Francisco Tails Ordinance Date Passed: City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94 102-4689 September 06, 2022 Ordinance amending the Planning Code to create Electric Vehicle Charging Location and Fleet Charging as Automotive Uses, allow conversion of Automotive Service Stations to Electric Vehicle Charging Locations without Conditional Use authorization and principally permit conversion of other Automotive Uses to Electric Vehicle Charging Locations, revise zoning control tables to reflect these changes, and require annual reporting by the Planning Department regarding Electric Vehicle Charging Location and Fleet Charging project approvals; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. June 13, 2022 Land Use and Transportation Committee - CONTINUED July 11, 2022 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 11, 2022 Land Use and Transportation Committee - CONTINUED AS AMENDED July 18, 2022 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 18, 2022 Land Use and Transportation Committee - DUPLICATED July 18, 2022 Land Use and Transportation Committee - RECOMMENDED AS AMENDED July 26, 2022 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton September 06, 2022 Board of Supervisors - Fl NALLY PASSED City (//llf Co1111ty of Sa11 Fra11cisco Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page I Pri11ted at 8:58 am 011 9/7/22 . .. File No. 220036 City a11d County of Sa11 Francisco London N. Breed Mayor Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/6/2022 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 8:58 am 011 917/22