o0217-21

AMENDED IN COMMITTEE FILE NO. 210807 11/1/2021 ORDINANCE NO. 217-21 [Planning Code - Repealing Article 12 Regarding Oil and Gas Facilities] Ordinance amending the Planning Code to repeal Article 12, which contains regulations governing land use activities associated with oil and gas exploration, development, and processing; amendina the definitions of Heavv Manufacturina 2 and Heavy Manufacturing 3 to exclude oil and gas production or processing for fuel purnoses as allowable Industrial Uses; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of g 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 Times11lew RomaHfont. 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 Supervisors in File No. 210807 and is incorporated herein by reference. The Board affirms this determination. Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 1 (b) The Planning Department determined 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 this determination as its own. A copy of said determination is on fi!e with the C!erk of the Board of Supervisors in File No. 210807, 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. 21011, 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 1 O No. 210807, and is incorporated herein by reference. Section 2. The Planning Code is hereby amended by deleting Article 12, consisting of Sections 1201, 1201.1, 1202, 1203, 1204, 1205, 1205.1, 1206, 1206.1, 1207, 1207.1, 1207.2, 1207.3, and 1208, as follows: ARTICLE 12: OIL AND GAS FACILITIES 1 7 SEC. 1201. TI:rLE. This ordinance shall be knmim as the "Oil and Gas Facilities Ordinance." SEC. 1201.1. OIL A1VD GAS FACILITIES DISTRICTPROVISI-01VS. The provisions set forth in this Article 12 shall regulate the land WJe activities, structures, equipment and/or facilities associated ·with oil and gas exploration, dewlopment andprocessing. In the event o.fcoriflict between provisions o.fArticle 12 and other prmlisions of this Code, the provisions of' Article 12 shallprevail. Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 2 SEC. 1202. PURPOSE AiVD INTENT OFARTICLE 12. This Article is intended to regul-ate all land use activities associated with oil and gas exploration, devefopment andprocessing, in order to ensure consistency between this Code and the ~Haster Plan of the City and rounty of San Francisco. At/ore specifically, the purposes of this Article (a) To provide in one Article a comprehensiw listing o.fzoning categories, controlprmisions and revimt-' procedures which are applicable to permits for land use activities associated ·with oil and gas exploration, development andprocessing; (b) To establish zoning control categories which r-egul-ate thefidl range o.fl-and use acth'ities that are associated with oil and gas exploration, development andprocessing; (c) To establish a zoning system ·which will ensure compatibility of land uses permitted within neighboring zoning districts, to the maximum extent feasible; (d) To protect existing andfature land use activities which are not related to oil and gas expl-oration, development andprocessingfrom the potential harmful effects o.f activities which are associated ·with oil and gas exploration, dcvefopmcnt andproccssing. SEC. 1203. OIL AlVD GAS FACILITIES OVERL4YDISTRICTS. The following two classes o.f overlay zoning districts arc established/or the purpose of' regulating land use activities associated with oil and gas exploration, development andprocessing: (a) },12(0GS): Heavy Industrial, Oil and Gas Support F'acilities, Overlay District; and (b) M 2(0GP): Heavy Industrial, Oil and Gas Processing Facilities, Overlay District. The },12(0GS) Overlay Zoning District is defined in Section 1205, below. The controls applicable within said district are provided in Section 1205. l. The i\12(0GP) Overlay Zoning District is defined in Section ! 206, bel-ow. The controls applicable within said district are provided in Section 1206. 1. Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 3 SEC. 1204. AfAPPIJVG OF OIL AlflJ GAS FACILITIES OVERLAYDISTRJCTS. The A12(0GS) and A12(0GP) Overlay Zoning Districts shall be mapped in accordance with fhe established procedures for amendments to the Zoning .Hap, as set forth in Article 1 of this <7nde. E'-'WY application fer the mapping &}such an overlay district shall be accompanied by a Preliminary Development Plan, as described in Sections 1207and1207.1, below. The application to map an i\12(0GS) or i\12(0GP) District shall not be approved unless a finding is made that there are no feasible alternative locations within San Francisco where the potential adverse environmental in1:pacts of an oil and gas facility could be reduced or avoided. SEC.1205. Af2(0GS) HEAVYINDUSTRL4L OILAPflJ GASSUPPORTFACILITIES, OVERLAY DISTRICT. This overlay district is intended to regulate the staging areas associated with oil and gas exploration, development andprocessing. The provisions related to this district shall apply to all activities, facilities, structures and equipment necessary or incidental to oil and gas exploration, development andprocessing. Such acth'ity generally consists 0~ but is not limited to, the storage and transport 0requipment, supplies, materials, ·waste products andpersonnel to andfi·om development areas during construction of structures and exploration, development or processing of petroleum products. Such activity shall also include, but not be limited to, oil spill containment and recmery equipment, supplies, facilities, structures and operations, but only when in conjunction with other oil and gas supportfacilities at the same site. The A12(0GS) District can only be mapped as an o-.,,1erlay to a site within an M 2 (Heavy 171 ltstrlailStrlCt. T d . 9D' . SEC. 1205.1. CONTROLS APPLICABLE WITHINAf 2(0GS) OVERLAYDISTRICT. Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 4 (a) Staging areas associated with oil and gas exploration, development andprocessing shall be permitted as a conditional use within an Nf 2(0GS) Overlay District, in accordance ·with the establishedprocedures for conditional use, as set forth in Article 3 of this Code. Staging areas proposed in eonjimetion with preeessingfaei!ities shall also be permitted within an M::? (04P) Overlay District, in accordance ·with the regulations prescribed below in Sections 1206 and 1206.1. (b) }{o application fer conditional use pursuant to this section shall be accepted by the Department of City Planning until an },tf 2(0GS) Overlay District hasfirst been mappedpursuant to Section 120 4, abm'e. (c) Every application for conditional use pursuant to this section shall be accompanied by a proposed FYnal Development Plan, as described in Section 1207.2, below. In making the conditional use findings required by Section 303 of this Code, the City Planning Commission shall also be required to approve the FYnal Dewlopment Plan submitted by the applicant, pursuant to the procedures set forth in Section 1207.3, below. (d) In addition to the requirements prescribed in Subsections 1205.1 (a) through 1205.1 (c), above, no application for a staging area shall be approved unless the City Planning Commissionfinds either that the foll-owing development standards a-re satisfied, or that the applica-nt agrees to satisfj; the follmPing standards as a condition ofproject approval: (1) The applicant has received "Authority to Construct" from the Bay Area Air Quality A1anagement District, if applicable; (2) The project will comply ~Pith all aspects of the City's Noise Ordinance, Article 29 &f the Police Code. Such controls shall apply, but not be limited to construction equipment, operational noise, and all transportation vehicles accessing the site, including marine vessels and helicopters; and (3) No materials or eqitipment shall be delivered to or removedfrom the site via streets within a rt?sidentially wned district between the hours ofse-;,'en p. m. a-nd seven a. n1. of the foll-or Ping Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 5 SEC. 1206. JJ12(0GP) HEAVYINDUSTRL4L, OIL AiWJ G&4S PROCESSING FACILITIES, OVERLAYDISTJUCT. This overlay district is intended to regulate the processingfacilities neceQQary or related to oil and gas exploration, development and processing. The provisions related to this district shall apply to all aspects r>f the production &foil and gas, including but not limited to: (a) Structiwes, equipment or facilities thatprocess, convert, rqfine and/or treat crude oil and gas, including.facilities that separate crude oil and gasjrom sea water and dissolved chemicals; (b) Pipelines, crude oil tanker facilities and other related methods by which crude oil and gas are transported to crude oil and gas processing or support facilities; (c) Storage tanks necessary or incidental to separation/treatment a.foil and gas, or temporary storage o.fseparated hydrocarbons, if related to an oil and gas processing operation, and equipment for transfer of the produced hydrocarbons to pipelines or tanker trucks, if related to an oil and gas processing operation; (d) Access roads necessary or incidental to an oil and gas production operation; (c) Oil spill containment and recmwy equipment, supplies, .facilities, structures and operations, but only ·when proposed in conjunction with processing facilities; and (f) Staging areas, as designated above in Section ! 205, but only when proposed in coHfunction with processing facilities. The M 2(0GP) District caH only be mapped as an merlay to a site ·within an A12 (Heavy Industrial) District. SEC. 1206.1. CO,VTROLSAPPLICABLE WITHIN,~12(0GP.) OVERLAYDISTRICT. (a) Processing facilities necessary or related to oil and gas exploration and development shall be permitted only within an },12(0GP) Overlay District, and only as a conditional use, in accordance Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 6 with the establishedprocedures for conditional use, as set forth in Article 3 of this Code. Support facilities, as described above in Section 1205, shall also be permitted as a conditional use within an Af 2(0GP) overlay district. (b) l'!o application for conditional z:se pursuant to this section shall be accepted by the Department o.fCity Planning until an i\12(0GP) merlay district hasfirst been mappedpursuant to Section 1204, above. (c) Every application for conditional use pursuant to this section shall be accompanied by a proposed Final De..,,'Clopment Plan, as described in Section 1207.2, bel-ow. In making the conditional use findings as required by &ction 303 of this Code, the City Planning Commission shall also be required to approve thefinal developmentplan submitted by the applicant, pursuant to the procedures set forth in Section 1207.3, below. (d) In addition to the requirementsprescribedin Subsections 1206.l(a) through 1206.l(c), above, no application for a processing facility shall be approved unless the City P fanning Commission finds either that the following development standards are satisfied, or that the applicant agrees to satis.h' the following standards as a condition o.fproject approval: (1) The applicant has receh1ed "Authority to Construct"from the Bay Area Air Quality lY!anagement District, if applicable; (2) The project will comply with all aspects o.fthe City's Noise Ordinance, Article 29 of the Police Code. Such controls shall apply, but not be limited to construction equipment, operational noise, and all transportation vehicles accessing the site, including marine vessels and helicopters; (3) l'lo materials or equipment shall be delivered to or removedfrom the site via streets with:in a residential district between the hours of seven p. m. and seven a. m. of the following day; (4) The project shall be made visually compatible with its surrounding land uses by any or all of the following measures: buffer strips, berms, l-a-ndsatping, eanwu.flage and/orpainting; (5) All lights shall be shielded so as not to directly shine on adjacent properties; and Supervisors Chan; rvlandelman, Preston, Ronen BOARD OF SUPERVISORS Page 7 (6) With regard to any pipelines requiredf'or the project: ~4) }fo construction activity or deliveries ·within or through a residentially zoned district shall occur between the hours of seven p. m. and seven a. m. of the following day; (RJ All equiprnent and activities shall be restricted to the pipeline right of way; (CJ The pipeline corridor shall be sited so as to aw id residential, recreational, and archaeological resource areas, to the maximum extent possible,· (DJ Automatic shutojjvalves shall be utilized so as to minimize the amount o,fa spill in the event o,f an accident,· and (EJ Appropriate measures for spill containment and cleanup specific to pipelines shall be included in the F'inal Development P Ian. SEC.1207. DEVELOPllfE~lTPLA1VS. (aJ Development plans, within the meaning of this Article, are intended to provide the City Planning Commission with project description information for a project which is being reviewed pursuant to this Article. Developmentplans are intended to be used in conjunction with any other required niaterials so as to enable the City Planning Commission to make an iriformed decision on an (b) }lo decision shall be made by the City P fanning Commission regarding the proposed mapping a.fan oil and gas facilities overlay district unless a Preliminary Development Plan, as described in Section 1207.1, below, has been submitted with the application for a zoning map (c) ]'lo decision shall be made by the City Planning Commission regarding the proposed construction or operation a.fan oil and gas support facility or an oil and gas processingfacility until a F'inal Development Plan has been approvedpursuant to the procedures set forth in Section 1207.3, Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 8 SEC. 1207.1. CO,"VTElVTS OFPRELIAUNARYDEVELOPllfE1VTPL4l\C Every application to map an oil and gas overlay district shall include a Preliminary Development Plan as apart efthe application. The il'l.formation submitted as part of the Preliminary Development P Zan shall consist of the following: (a) Statement &j intent regarding proposed activities andfacilities operations; (b) Preliminary site plan and building elevations; (c) Statenwnt of intent regarding anticipated infrastructure or other public service improvements, on or &jfsite, necessary for proposed activities and facilities operations. Such irifrastructure or other public senice improvements shall include, but not be limited to, H'ater, gas, electric, telephone and sewage disposal services, fire protection, police protection andpublic or private transportation improvements (piers, helipads, roads and transit connections); (d) Any other relevant supplementary data requested by the City Planning Commission or the Department of City Planning staff SEC.1207.2. CONTE1VTS Ol?FL'\C4L DEVELOPMEVTPLAl\C E-very application for conditional use approval of either an oil and gas support facility or an oil and gas processing facility shall include a F'inal Development P Zan as a part of the application. The information submitted as part &jthe Final Development Plan shall consist of the fellowing: (a) Detailedplans of the proposed de'velopment, drawn to scale, showing: (1) Site boundaries and dimensions; (2) Location, use and square footage a.fall existing andproposed structures; (3) Elevations of all proposed structures; (4) All interior circulation patterns, including existing and proposed streets, walkways, bikeways, and connections to existing or proposed roads or rights of way; Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 9 (5) Location a.fall utility easements; (6) Location and use a.fall buildings ·within 50 feet of the boundaries o.fthe site; (7) Location and boundaries of land devoted to public uses, open space and recreational use, within 300 feet sf the boundaries &jthe site; (8) Location and number o.fproposedparking spaces; and (9) All easements of record on the site; (b) Geotechnical report, including a contour map showing existing natural contours and proposed grading, if grading is proposed; (c) Proposed drainage system; 1 0 (d) Cultural resources report; (e) Measures proposed to reduce nuisance effects from activities or operations on site, includil'lg, but Hot limited to, measures to reduce noise, vibration, dust, odor, smoke, fames, glare, transportation and recreational impacts; (f) kleasuresproposed to prevent health and safet)· hazards; (g) Proposedpublic access or recreational areas, ijal'ly; (h) P hasingpl«H /or the project, indicating the anticipated timetable for project construction, operation, completion and abandonment; (i) Proposedplans regarding abandonment or discontinuance o.factivities or operations, includingplans for site restoration; (j) Plans for consolidation o.facti1?ities or facilities, to maximum extent feasible, with similar operations on same or another site; (k) Plans for transportation ofall oil andgas to andfrom the site, ifapplicable; (!) Plans andprocedures for the transport and disposal &fall solid and liquid wastes; (m) Oil spill prevention, containment and control measures, if applicable; (n) Fire pre1?ention procedures; Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 10 (o) Emergency response and m;acuation plans, which shall include actions and remedies to be initiated by project applicant, andproposed method &jnotif)•ing F'ire Department, Police Department, Health Department, M£1yor's Office, and all other applicable agencies in the event or.fire, spill or any ether hazardous event er condition on the site 1Fhieh is not incidental to normal operatinns at the site; (p) Emission control equipment; (q) Proposed method &}satisfying all mitigation measures included in the project, as identified in the emironmental rmJiew documentpreparedfor the project; and (r) Any other relevant supplementary data requested by the City Planning Commission or the Department of City Planning Staff SEC. 1207.3. PROCESSLVG OF FINAL DEVELOPAfENTPLANS. (a) The City Planning Commission shall make a decision on a F'inal Development Plan as a part of its determination on the Conditional [}se application, for which the F'inal Development Plan (b) }lo F'inal Development Plan shall be approved unless the City Planning Commission makes each o.fthe foll+Jwingfindings, in addition to those required by Section 303 o.fthis Code: (1) That consolidation at an existing facility within San Francisco is notfeasible; (2) That the proposedproject will be located, designed and operated so as to minimize adverse impacts in the physical and social environment; (3) That noise, vibration, air quality, water quality, light aesthetic impacts and other potential nuisance or annoyance impacts shall be eliminated or reduced to the maximum extent possible through incorporation of the best available technology for mitigation of adverse project impacts. SEC. 1208. SEVERABILIIY. Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 11 Jfanyprovision or clause of this ordinance or its application to any person or circumstance is held to be unconstitutional or otherwise invalid by any court o.fcompetent jurisdiction, such invalidity shall not affect other chapter provisions and clauses of this Chapter are declared to be so·erable. Section 3. The Planning Code is hereby amended by revising Section 102 as follows: M * * * * Manufacturing 2, Heavy. An Industrial Use having the potential of creating substantial noise, smoke, dust, vibration, and/or other environmental impacts or pollution, and including, but not limited to: (a) Production or refining of petroleum products. excluding such products used solely as fuel sources;-; * * * * Manufacturing 3, Heavy.=An Industrial Use having the potential of creating substantial noise, smoke, dust, vibration, and/or other environmental impacts or pollution, and including, but not limited to: (a) Battery manufacture; (b) Manufacture of corrosive acid or alkali, cement, gypsum, lime, plaster of Paris, explosive, fertilizer, glue or gelatin from fish or animal refuse; (c) Manufacture, refining, distillation, or treatment of any of the following: abrasives, acid (noncorrosive), alcohol, ammonia, asbestos, asphalt, bleaching powder, candles (from tallow), celluloid, chlorine, coal, coke, creosote, dextrine, disinfectant, dye, enamel, gas carbon or lampblack, gas (acetylene or other inflammable), glucose, insecticide, lacquer, linoleum, matches, oilcloth, oil paint, paper (or pulp), petroleum products (excluding such products used solely as fuel sources), perfume, plastics, poison, potash, printing ink, refuse Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 12 mash or refuse grain, rubber (including balata or gutta-percha or crude or scrap rubber), shellac, shoe or stove polish, soap, starch, tar, turpentine, or varnish. * * * * Section~~. Effective Date. This ordinance shal! 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. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: /s Robb Kapla ROBB KAPLA Deputy City Attorney n:\legana\as2021\2100469\01561499.docx Supervisors Chan; Mandelman, Preston, Ronen BOARD OF SUPERVISORS Page 13 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 210807 Date Passed: November 30, 2021 Ordinance amending the Planning Code to repeal Article 12, which contains regulations governing land use activities associated with oil and gas exploration, development, and processing; amending the definitions of Heavy Manufacturing 2 and Heavy Manufacturing 3 to exclude oii and gas production or processing for fuel purposes as allowable Industrial Uses; 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. October 25, 2021 Land Use and Transportation Committee - CONTINUED November 01, 2021 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE November 01, 2021 Land Use and Transportation Committee - CONTINUED AS AMENDED November 08, 2021 Land Use and Transportation Committee - RECOMMENDED November 16, 2021 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Safai, Stefani and Walton Excused: 1 - Ronen November 30, 2021 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page 1 Pri11ted at 9:54 am 0111211121 File No. 210807 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 11/30/2021 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 9:54 am on 1211121