o0264-22

FILE NO. 220811 ORDINANCE NO. 264-22 [Planning Code - Automotive Uses; Housing Density) Ordinance amending the Planning Code to increase density on lots with auto-oriented uses where housing is permitted, except for Residential-Mixed CRM) and Residential- Commercial (RC) districts and designated historic districts, but which do not currently have any residential use or a legacy business, and to_remove the Conditional Use requirement to change the use of an Automobile Service Station or Automotive Use to another use, and amend zoning control tables to reflect this change; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare as required by 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 sJrilrethrough ilelics Ti111es Ne1-~· Remanfenl. 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. Environmental and Land Use 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; Supervisor Mandelman BOARD OF SUPERVISORS Page 1 Supervisors in File No. 211092 and is incorporated herein by reference. The Board affirms this determination. (b) On December 9, 2021, the Planning Commission, in Resolution No. 21045, 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. 211092, and is incorporated herein by reference. (c) On December 9, 2021, the Planning Commission, in Resolution No. 21045, recommended this ordinance for adoption by the Board of Supervisors, and adopted findings that it will serve the public necessity, convenience, and welfare, as provided in Planning Code Section 302. 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. 211092, and is incorporated herein by reference. Section 2. General Background and Findings. This ordinance shall be known as "Cars to Casas," "Automotive Uses to Housing Uses." and is based on the following findings: (a) For the past several years, San Francisco has consistently ranked as the most, or one of the most, expensive housing markets in the country. There are several factors that contribute to these high costs, but two of the main drivers are an increased demand for housing caused by job growth, and a limited supply of housing caused by a lack of new housing construction. (b) Job growth in San Francisco from 2010 to 2019 far exceeded housing produced. The number of workers increased by 225,000 while housing increased by 28,000 units; more than eight workers added for every housing unit added. Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page (c) Compounding the City's existing lack of housing supply, San Francisco's Regional Housing Needs Assessment (RHNA) for 2023-2031 is 82,069 units, including 46,598 units at very low, low, and moderate income levels. The 2023-2031 RHNA is nearly triple the previous (2015-2023) RHNA. The annual targets for each income group has increased to amounts higher than what has been approved or permitted in the past, including for above moderate- income levels. In the past, San Francisco has struggled to meet existing RHNA targets for low- and moderate-income households. (d) 41 % of the land area that is zoned for housing in San Francisco does not allow more than one unit per lot. Further, an additional 29% of the land zoned for housing in San Francisco is limited to two- and three-unit buildings. San Francisco went through a massive downzoning in the mid-1970s when it created the RH zoning districts. As a result, 70% of land zoned to permit housing in San Francisco does not permit apartment buildings with four or more units. This downzoning makes it difficult for San Francisco to build what is often referred to as "Missing Middle Housing." (e) Missing Middle Housing offers a greater choice in housing types that still blend into existing single-family neighborhoods, create more affordable housing options, and help reach sustainability goals. Missing middle housing units are usually smaller units than single-family homes because they share a lot with other homes, which results in lower per-unit land costs. Missing middle housing types are also one of the least expensive forms of housing to produce because they are typically low-rise and wood-frame construction, which avoids expensive concrete podiums. Because the construction and building materials are comparatively less complicated than larger mid- and high-rise structures, a larger pool of small-scale and local home builders can participate in the creation of this form of housing. Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page (f) Since the early 2000s, San Francisco has been moving away from numerical caps on units per lot and toward a form-based density; however, a significant area of the City still relies on numerical unit caps. (g) Nearly all new housing, both affordable and market rate, is added in areas with form-based density controls, including the City's commercial areas like Downtown, former redevelopment areas, and form-based density districts like Neighborhood Commercial Transit districts (NCTs) and Urban Mixed Use districts (UMUs). 62% of affordable housing and 79% of all housing is built in these districts, even though they make up just 17% of the city's residential land area. (h) Because form-based zoning is present in only certain neighborhoods, housing production is heavily focused in just eight neighborhoods, reducing housing opportunities in the rest of the City. Indeed, 85% of new housing is constructed in those eight neighborhoods: Downtown/South Beach, SoMa, Mission Bay, Potrero Hill/ Dogpatch, Bayview Hunters Point, the Mission, the Tenderloin, and Hayes Valley. Similarly, 82% of all new affordable housing has been built in these eight neighborhoods. (i) Personal vehicles are a major cause of global warming. Collectively, cars and trucks account for nearly one-fifth of all U.S. emissions, emitting around 24 pounds of carbon dioxide and other global-warming gases for every gallon of gas. (j) In San Francisco, 47% of carbon dioxide emissions come from transportation and 41 % come from buildings. San Francisco has been able to reduce its carbon emissions by 41 % from 1990 levels, but most of that reduction has come from reducing emissions from buildings; emissions from transportation has remained relatively stable. (k) In 2016, the Paris Climate Agreement committed national governments to pursue efforts to limit temperature rises to 1.5 degrees Celsius. In 2018, the Intergovernmental Panel on Climate Change (IPCC) issued a special report on the impacts of global warming and the Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page need to significantly reduce global greenhouse gas emissions well before 2030 to reduce the most detrimental impacts to ecosystems and to human health. (I) In 2018, the United States' Fourth National Climate Assessment made clear that climate change will wreak havoc across the United States, and that the current pace and scale of national climate action are not sufficient to avert substantial damage to the environment, human health, and economy. According to the San Francisco Department of Public Health's Climate and Health Adaptation Framework (2017), the direct and indirect impacts of climate change will disproportionately affect San Francisco communities least able to prepare for, cope with, and recover from those impacts. Those communities include communities of color, low-income communities, and other vulnerable populations. (m) 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 much more. (n) At the 2018 Global Climate Action Summit, San Francisco committed to meet the Paris Agreement by achieving a net zero city by 2050. The City joined in a Climate Equity Pledge to ensure that the City's 2020 Climate Action Strategy update achieves the dual goals of advancing racial equity and decreasing carbon emissions. (o) San Francisco's climate commitments and climate action strategy are framed by the City's "0-80-100-Roots" framework, which defines climate and sustainability goals in four key areas: zero waste ("0% zero waste"), transportation ("80% low-carbon trips"), energy ("100% renewable energy"), and carbon sequestration ("Roots"). (p) One of the City's fundamental goals in implementing the 0-80-100-Roots Climate Action Framework is to promote equity by ensuring that implementation reflects and responds to the economic, and social needs of different San Francisco vulnerable communities. Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 5 ( q) Achieving the "0-80-1 OD-Roots" goals in the City will mean cleaner air, fewer vehicles on the road, more reliable transit systems, more bike lanes and pedestrian-friendly networks, highly efficient homes and businesses powered by 100% clean electricity, a robust urban tree canopy, plentiful green spaces, improved soil health, and a regenerative ecosystem. (r) Meaningful climate solutions will require increasing supplies of high-quality housing affordable to households at all income levels and located near local and regional transit services. These solutions will also require well-coordinated land use and transportation planning and investments to support low-carbon trips using efficient travel modes such as transit, walking, and biking, to reduce vehicle miles traveled and associated emissions. (s) In 2019, the Board of Supervisors unanimously adopted Resolution No. 160-19, declaring a climate emergency in San Francisco, and advocating for immediate action to address the climate crisis, limit global warming to 1.5 degrees Celsius, and eliminate greenhouse gas emissions. (t) The Department of the Environment's 2019 report titled "Focus 2030: A Pathway to Net Zero Emissions" shows that achieving accelerated emissions reductions by 2050 will require an ongoing commitment that builds upon and surpasses San Francisco's past successes and increases resources accordingly to continue to reduce emissions all the way to net zero. (u) In 2021, the Board of Supervisors adopted Ordinance No. 117-21, which established the following targets for reducing San Francisco Greenhouse Gas Emissions: (1) by 2030, a reduction in Sector-Based Greenhouse Gas Emissions of at least 61 % compared to 1990 levels; (2) by 2030 a reduction in Consumption Based Greenhouse Gas Emissions to 30 mtC02e per household or less, equivalent to a 40% reduction compared to 1990 levels; (3) by 2040 achievement of Net Zero Sector-Based Greenhouse Gas Emissions by reducing Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page6 such emissions by at least 90% compared to 1990 levels and sequestering any residual emissions; and (4) by 2050, a reduction in Consumption-Based Greenhouse Gas Emissions to 10 mtC02e per household or less, equivalent to an 80% reduction compared to 1990 levels. (v) In 2014, San Francisco adopted Vision Zero as City Policy, which seeks to eliminate traffic deaths on our streets by 2024. (w) Between 2014 and 2021, the City had on average 28 traffic deaths a year, or 223 deaths in total. (x) In addition to designing better roads and improving enforcement, traffic deaths can be reduced by discouraging private automobile travel within the City and encouraging public transit and active forms of transportation like walking and biking. (y) With less space dedicated to the automobile, more space can be used for housing as well as creating a more livable and vibrant city by reducing noise and air pollution, expanding green space, and creating more people-oriented spaces. Section 3. The Planning Code is hereby amended by revising Sections 102 and 207, to read as follows: SEC. 102. DEFINITIONS. * * * * Automotive Service Station. A Retail Automotive Use that provides motor fuels and lubricating oils directly into motor vehicles and minor auto repairs (excluding engine repair, rebuilding, or installation of power train components, reconditioning of badly worn or damaged motor vehicles, collision service, or full body paint spraying) and services that remain incidental to the principal sale of motor fuel. Repairs shall be conducted within no more than three enclosed service bays in buildings having no openings, other than fixed windows or Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page exits required by law, located within 40 feet of any R District. It may include other incidental services for automobiles including, but not limited to, accessory towing, if the number of towing vehicles does not exceed one, and all towed vehicles stored on the premises are limited to those vehicles that are to be repaired on the premises. This use is subject to the controls in Sections 187 .1, and 202.2(b ), Emd 202. 5. * * * * SEC. 207. DWELLING UNIT DENSITY LIMITS. * * * * (c) Exceptions to Dwelling Unit Density Limits. An exception to the calculations under this Section 207 shall be made in the following circumstances: * * * * (8) Replaci11g Auto-Oriemed Uses witlt Housing. (A) Purpose. The purpose o(this subsection (c)G) is to encourage housing development on parcels that are being used for Auto-Oriented Uses. with the goal of easing the City's housing shortage while addressing the adverse impacts that automobiles have on climate change. pedestrian safety. and livability. (BJ Definition. For the purposes of this subsection (c)G ). an Auto-Oriented Use shall mean anv parcel that has. or had as its last permitted use. an accessory parking lot or garage. or any use defined a an Automotive Use in Planning ode Section 102. (i ) Applicability. This subsection (c)(8) shall apply to all properties (i) with an Auto-Oriented Use on which a residential use is permitted as a Principal Use but does not contain a Residential Use, and which also Oil have not had a Legacy Business. as defined in Administrative ode ection 2A.242(b), on the ile for four years prior to subrnillal o(an application under this subsection CcJ(8). Notwithstanding the previous sentence, this subsection (c)(8) shall not apply to properties located in RM or RC districts. or to properties located in a designated historic Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 8 district under Article 10 of this Code. Sites that contain a business that has been nominated for inclusion in the Legacy Business Registry shall be ineligible for this sub ·ection (c)(8), unless the Small Business ommission finally determines that such business does not meet the criteria for a Legacy Business under Administrative Code section 2A.242(b). (D) Densitv Co11tro/s. Notwithstanding any other provision ofLhis ode, eligible properties shall be ubf ect to the following density controls: (i) Eligible Sites i11 RH Zoning Districts: Four Dwelling Units per lot as a Principally Permitted use. (ii) Eligible Sites in Otlter Zoning Districts: Density shall be regulated by the permitted height and bulk, and required setbacks, exposure, open space, and any adopted design standards or guideline for each parcel as a Principally Permitted Use. Notwithstanding any contrary provi ion of this ode, protects using this subsection (c)(8) may also seek a density bonu ' under Section 206. 6. (E) Collditional Use. Any other onditional Use required by this ode that is not related to permitted re ·idenlial density shall continue to apply. (F) Parkillg Requirements. (i) Residential Parking. Propo ed proiects u ing the density exception in this subsection (c)(8) are subiect to the folio-wing parking controls: ii P: up lo 0.25 parking spaces per residential unit C: up to 0. 5 parking spaces per uni! NP: above 0. 5 spaces per unit No1t-Resitle11tial Parkin . Notwithstandin rovision o this Code. up to 75% ofNon-Residential Parking otherwise allowed by this Code hall be permitted for protects using the den ·ity exception in this subsection (c)(8). Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page (G) Review of Program. and Limit on Number of Resillential Units. The Planning Department shall include the number and location o{proiects using this subsection (c)(8) and number of units provided in such projects in the Housing Inventory Report. This subsection (c)(8) shall remain in effect until the Planning Department approves a total of 5,000 residential units under the authority of this subsection (c)(8). When the Planning Director certifies in writing that the Planning Department has approved 5. 000 residential units under this subsection 207 (c)G ), the subsection shall expire bv operation oflaw, and the ity Attorney shall cause zhe subsection to be removed fi'om the Planning Code. Section 4. The Planning Code is hereby amended by deleting Section 202.5 in its entirety, as follows: SEC. 202.5. CONVERSJO]V OFA UTOAIOT-lVE SER VICE S1;4 TJONS. (s) Findings. (1) The recent trend toward ce1wersion o,fsendee sttrtiof'l~9 lo non service sfcltie1l 1:1Se helS resitl.teri in the curt£1;i/rme:1t efessential services, i1wludh9g 8'hllf:J,"1'lObik refaeUng ttnd emergency services, and is centra.,.,. to the public heelth, t,·eifety, peace and ge1leral we?fare. (2) Te address this prehleni, the Beard <>JSupenisers €tdop,<ed Reselutien Ale. 759 89 Lo intpese i,•9fe1·im conJrols en the conversif:Jn 8.JCservice slatiens and to create e t'flSkforce lo study this prehle,,1 emi make reeon1,,1e1,zdetiens to this Be-cwd reg8rding how to a€1dress thisprehlem. (3) ln the 17 meHihs since :Resehaien 759 89 11 rnore service stetiens have bee,i eenverfed Jo other uses. The Service Statien Conversien Task ,fi:erce hc1.Y ,··eceR1mended thet the Board ef Supervisors tulept pernt-cmel?.' legisJ.ation {{:J eddress this prebkm. (4) The Beer·d t>.fSupervisers reeegnice!i that ser-;1iee st8tien operawrs cff'I« those whe ew:9, p1·eper()1 en which such stcHiens -ewe H:JC8led a:·e e:~titl-ed le eern. efair rc1,te of return en their Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 1 iw;estment. Where e fair rate &freh.Tl'l is being earned, the Boa,•·c{finds lhet service stsliens sheul-d he €lilewed te cen'\/al le ether uses enly where it is determined thet. the C61'wersieP'l wet~kl: benefit the public. (h) Definitifms. Whene...,er used h'l this Sectie,'l; unkss a different meaning cleerly eppetitrs (l) '~4utemotive Service Sletion" er "ser"riee smtien" shell mean a relail auto11'ioth1e o·e ..... 1ice 't/Se f1S de.fin.eel in Seeticm l (}J r:>f this Cede. (2) "Genversion" shall mum lo ehc111ge ihe use efe prepertyfrom a sen,1iee slRtien use te B differ en/ type o.f use. (3) "Return 01?. inrvestmenl'' shall mean: ~4) where the pt8fJCtty ewner dees net ewn the A1:1tof'l1etive Service Stetien business, t-he bef'ere inceme ts,r, .tetal annual rent and ether eenipensetion reeeivedfrem the service SIB!ion bttsiness for the lease ofthe te,ul and buildings, less lhe expenses o:f the lesser, en a cash basis. (BJ where the preperty owner 6llse owns the Automotive Service S.•atien business, the gaseline, less the cost of goods SfJki and <>perct.'il'lg e(:)t;/S, on fJ cesh hasis. ('I) "Thull hivestrnent in the preperty" shell mecm the.fair meri«:: ·1e1lue ofthe 171Y:>perty et the .'im.e the applieBtie:i is filed with the Zoning AdministraUJr. (5) "Demolition" shell mean the physical removal '7fundergrncund, end/er surJace tanks MSed ifl sterege cmd dispensing efgasoline cu'lcikr 8.,"lJ buikli,tg er eal'I.Of}j' withebtl the repleee:'l'l:C~9I <rf such Cf.fttipmenf or su·Metttres te aUew eonJint1ed eperetion o.f the service s{ctlioH. (c} LimileliOR en. U)f'l';,'Cl'Sie?lS. (l) No ow,ier efapreperty used as Gl:n At1:,'emotive Service Sia#e-:q shell ehmige .<he use of fhe preperly le a tJ.iffernnt type oj'blse withGul first spptyin-gfm· end receiving either e Ct:mditionel Use autheri:atien .fi·om the CUy Pl:em1i:tg Cemmissio,i, e,· e eonversfrm determinationfreRl the Zoning Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 11 Mminisfrnter. S1:1:ch c1utho, .. izations she11l be in c1Gltii.'ion te 8ny• ether permit or oiMherizelien required for e prepese« service s.tetif:m cem,·ersie,'<l mukr «Ry «pptieehle City, Stale or fcderc1l tliw er regttl,aLien. Automotive Se,·viee Stetiom; 1,1,·hichfnmt en Primary• Transit Streets e,· Citywide Pedestrfr,m l\/etwork Streets, es designated in the Ge1wral Pk:m, shall be exe,•np,'from the conversion limitatiem efthis Section. The precedures for service su1tieri oon,.,ersifm applicat.fons shell be es described .in Secaons 3()6 and 3()6. l of this Cede.fer eenrJ.irionc1l use tmd vtwitmce eetiens. (2) Either the Plimnirig Commission er lhe Zening Adm.inis,'rater shc1,ll determi,"le at a p1:1btic he6tring whether en eppliumt is entUled to cen.vert the service slBLien, depending on the groumis en ..,vhieh the pe,·,·Ril is so1;1;ght. The Planning Cemmissien shell meke Condiiio,"lal Use autherization determi'l'u:t.:iono· based on the cri!etia set forth in Subsection (d). The Zoning Administrat9r shell mek.e service sta:i<m cenversim'l delerm.inf:ltiens under .~he grounds set forth in S-ttbsectie;i (e). An spplieent ,ne;·, bt(,l need net 8:p-ply le the Ptcmning Commissien for e Centiitiomil Use Bt,therizf:lli<m puNrMent te Subsectiof'l (d) end 6pply to the Zoning Administreterf()r 8 ce,"lversien eutheri=et.'on plirsuent te Suhsee:ien (e), previded that ifei!her ene 6ppnnes the tFpplicetfrm at the.first hetwing held on it no heering shttll be ,"lecesstn)' hefere the ether. Thepreeeciures for service t;tti.'ion eemversien hearings she!J he es des&·ihed i,"l Sectiens 3()6 through 306. 5 and 306. 8 ef this Cetle .fer cenditienal use action (Planning CetRmissien he8rings) and varitmee ectien. fd) Crit-erfaJer Planning Cemmission Contlitien«Z Use Autherizetien. in ecting en any €1:pf}licelionfcw C<mtiilionttl Use c1utho:-izationfer een11ersion, Ike Cemmi.9sien shall censi<ier the feYewing criteria in Ue'U ofthe eriteriet se.'forth i19 Section. 3{}3(c) 9.,C1his Cede. (1) The Plenni;9g Cen,zmission shell €tfJPreve the epplicaNon end e1ulhorize the service sffltion com~enlion ifil det£N·minesfrom the feels presented: .'hat .'he rcch:ctio1'l in aw1Uahi!it;· ef autBlReli·~e geods €1,''1-« senices resulting.frem the service sl8tion C01'1ilersien wouki mJ.' be unduly detrimental le the p'liblic heeew·e eif.he?·: Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 1 ~4) CefltfJarable sutomolive goods a,"ld services ere cfWiliJRbk at ether reesensbly aeeessthk lecaliens; er (B) The be,•ieftts te the public 9.,{'{he service st,stien. ce,1'H~ersifm 1t•eubi eutweigh tmy reduction in. auteme/ive g€)eds and ser·;ices availability beca1iSe the pr9Pesed new use is more necessa,y er desirr:,bkfor .'.~e neighberheed er ee,•1mnmity than eentinued service steti<m 1iSe. (2) lrl making determi:u1!iens under Suhseet.fen (1)~4), the Pl£tnning Commissien shall cr:msider the folio wing faelors: 64) The /y/Jeti efser';ices offered by the sen·ice siatien se'tl,ghl te be eefr;e:·tetl Emd the he!a-S snd dey1s thiring which such geods mul services are evf:lilabte; (B) The 1,•olume (J-j'gasoUne and other meter.fuel sekl end the liumber <>}vehicles serviced e.' siwh .r;enice ste:ie19 durb'lg eaeh efthe 2 4 rr10;1,1hs preceding the filing e:f lhe ceMdi.'ienal use autherh:a!io,.., 8ppliea.'iefl · (CJ Whether #ie veh,ane (}jgesotine mul olhe,· metorfoel said end the n1;1mber ef vehicles serviced eeeh ,"Ile nth has inereesed er decret1sed during .'he 2 4 month peried immedielely preceding the (D) The eceessibiJity of compereble automotive goods e1/'Ul services f>j/ered by ether service statienti and rCJJBir gffreges which serve the sflme geog,·aphic (;free e1ndJJep1ilation segments (e.g., neighhe1·hoedresideMlS, in .'Bll'.'9 er eut ef,•e·wn cemnu1ters, tourists) es the ser;ice station settght to be converted. (3) In mctkil<tg determinaNens tmder Siihseetien (})(BJ, the Pki:ming Cem;Hissim9. shall censider the folJewingfae,'ers: (A) If the p:·9Posed use is e: Residen.'iel use, the tetal numher af units te he provided and the number f>.iCthose l;f}tils th€1:t m·e ajferritible ·units; (BJ ff the pwpesed ,..,cw t1o·e is a Cem.w.ercic1l tJSC the types afgeee/5 and services lo he offered end the BlleiklbiUty <:>j ce,npereble pree.'-lxcts and serlJiees in the llicinity; Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 1 (C) The importance efthe slree.' on which the suviee stali<mfronts te >,rniki.ng, eJ,'Cling, andp't{blic Lrnnsit end 4he impect e-fe.utemohUe eeeess cu'ld er;ress to the service sLetifm and efthe preposed new uses tl,"I« structures on the sefety e.nd cemfort ef pedestritlns, cyclists, cmd transit riders,· (D) The telctti}1e envirenmenf.6/ dangers posed by the ctrrrmil end pr8f)esed uses, including b-ut not lfrni:ed te Jhe q-uality emd cheracter efwasle gener&.ed, ,umious er ejfensfve emissfrm.v, fire end exples.'en hezarris end neise, tll'ld whether the service stetien um·1ev·sien ·weu'6i facilUa,'e the cleBl'lUfJ of existing centaminatien at theprOfJerty; (E) The rel8th,•e em-pl8)1men: epperlunWes f:>jfered /:Jy the ser'<lice sl6tion and the pv·OfJosed new use; (F) The re/.sfi11e tfH19W'U eff6xes er ether revemws to be received by the Gil),• er 8ll9Cr gevemme:'ltei hodiesfrem seri,1iee slc11ien use end the prepesed new use; (G) The compatibility efthe existing tiervice slatien emd &jthe P,"OfJ8Sed ne~~· i1se or structure with t.'9e Ge,'ieral Plan e1nd cu·ea p/.sn 1irhan. de!iign poUcies and the slreetfronUlg(J stamkwds o.f.'his Cede; (H) Whether !he service stat=ien ·use and the pre-posed use clf"C permiUetiprlncipal use!;, eond-it.fonal i,·ses er Honce,~lerming uses. (e) Criteris for Zenin.g Adm.ini.'ilrtlter Cmwersien Detennination. The MJ,"lil'lg Ad1ninistr((tor tieLe1·minesfumi the facts presented that the owner <:?fthe 6'1iB:ject prupe, .. ty is net earning B Fair Relitm on lnvestnie,·~t es de.fined in Sectien I 02. The 8WfWt shetl heal' the ln~rrien efpreving that the enner is ,wt uwning a Fair Rettwn en Jrn·estment. (1) Applic8Non. A prnperty ewner's ttpplica:ien under this Section shall he signed h7• lhe owner er an eutlwri:zed reµresentBtive ef the ew,wr a1'ld uni/er pe~u,Lty efperj!t:y, declared lo coritein J.nte and cen-ecl iv!fermc1lien. The Bppl.icatien shell he aecentptmied by: ~4) A,~ indeperuienl Bpf)reisal &fthe preperly suiting Us valt1e · Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 1 (B) A wrillel'l su,te.·HCJ'l:ljrom en i,"ldefJel?denl Certified Public Accmmf.tfnf summarizing the 6PJ)lietmt'sfintmeiel recerds .inelttding the property ttppr€1iSBl end sl:eting !he retum on iH'iles.'me,u cal,e1,1kuedpursutmt le Section 102; (CJ A certified slBle,•neJ'l:tfroni the Certified P1:1blic Aecm;1ntent ideJ9ti}jdng the ow,"leJ· of the pr9µerty and the ow,'ie.'" e-fthe service stelim'l bt1Siness; (D) Such ethe,·jinfflnciel ir.formatiot-z es the Zeni,"lgAdministr8Lor may reBSenebly de!.erm.ine is neeessery te meke lhe determinstion pre·;idedfer in this See.'ieH. (2) RebuU8b/.e P.resumptien. There shall be 61 relnllu1b/.epres1;1mptien !het the ,fJreperty ew,'ier ls etwning 8 Fair RettB"l'l en Investment if the pmperly e·,wwr hes eBmed et /.east e 9% rehwn en the prBperty ewner 's totsl i1'lvestment in the pr9µerly for (he 2 4 me 11th peried immedialely preceding the .filing e-fthe ttpplieatien, or in the eese (;Jja service sf.etien business that ceesed <3peretiens efter Oc1ebe, .. ! 2, 1989 for the 24 numth puie6' imm,ee.•atelypreeeding the riate the sen1iee st:ati<m eec1sed operallens. The property ewner may ,"Cb1:a thispresun7:pUon. hy ejfering evidence demonstrnting the/ heee1;1se efspecial J"aets regarding his <H her preperty the preperty ow:ter is not earning a Fair Return m9 Inves.'fnent or the! because e:fspeeiel demenstreted eircw'l'lslanees the applietml would no: earl'l €1 fair rehrn'I en iw.;eslment/i·am service sle;tien l:1Se during the.' 12 month period «fter the.fi/i,9g ofthe service stetien com1erfiien 8f9Plieali<:m. (3) l¥8tice ef!iearilig. Prier .'e eemiiwting Jhe hea,•·ing required hj• subsee:ien (c)(l), the Zoning Aaminislrotor shell previde public netificetien fffthe hearingpursua,'9t to the requirements <>f Secti<m 333 0:/this Cede. (4) Determi,"l.&tie§'l. The Zenil'lg Athnb'tislra.tor shall re.·uier wtitte§'l determinatien ·within 60 dsys e;{the hearing. (5) Cen.n1UotifJn WUh Other CUy Depert.,ie19/s. Jf necessery', the Zonif,rg Administre1e.·· Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 1 Wof'ks, Real Est-ete Department, and }./eyer~~· Office <>f We,··leferce and &el'le,nic De..,,elo-pme}'ll in the J'C'liew o.f 8:pplieotifmsfer service statien eew;ersion. (!) Demolitien emd Tewtk ReJHlJ~el. (1) No ser'lice s:etfrm shell he demelished C*Cept le enBhie e new ser¥iee steJtien h!J he ce,'18Lrtteted en the preperty, w?Les.'i: ~4) The PJ·eper·ty cmner hasfirst ohtc1ined 8 condilie,·u,l 1x.Ye el'tttheri:;atienfrem lhe Pfenning CeHu•n.•ssienpursuen! te Suhsectien (ti) t1hove or €f cenversien determinatie,~jhJm. the Zoni,ig Administrewrpiws'blflnt lo &thsectio,"i. (e) aheve,· or (B) The Depaflmenf ef Building !nspecFi<m find the Bttre«tt e.l Fire Preventien an<i Public Safety dete-nnines that the building is uns«fe or dangereus and that demolition is .'he enlyfeasib!e 1nea11s te seciwe ihe public St!Jtely. (2) Notwithstanding subsections (/)(1)~4) f!md (f){l)(B) ahfP1e, ifa service s:e1t.ion is owned by• a lessee e,fthe property and the pro-perty lease W€t5' signeriprior Le the effective date e_fOrdinance 288 91, which leasepermits e,·· requires the lessee to remove the sen1iee sietionfi·em the property bef-ere oJ· 8:fier the expiration er :erminatiel'l of the kase, and Lhe lease has expired or fermi~~ated 9,- will do so within 6() days the lessee may cease operatien of the service station as permilled or required b1 the lease. ,"'l-9thin.g in this pro)1isio11, hewe¥er shall relieve rhe p.1·operty ownerfi·o192 cenlinued tiSC e.f prep<N·ty cl!i tm A'ttlon1olive Service Slatir:m as defined by Sectien~Y 1()2 Ul?d 89(). 18 efthis Code er the requirements efs~/hseclien (/)(1)~4) filbove. (3) This Sectien shall ne( limit the remeval 9:lemy. undergrou,ui sUJra.ge lsnk e.'I a sen.1iee station :where removal ef #ie umk is req'tdred le cen'lfJly ·with emy ol!her local, Sle!e or feeler el /.aw er regu/.atien or where the Director o:fA,hlic Heelth or a Sl!alc or .federal reguf.a!ory agency' wilh jiwisdictioN ew1r unde,.-gn:nmd sterege ,'tmks tietennines tlu,L the ttmkposes, cw ,-=emoval of1he ts1'lk is necessery to mitigate, e #weal :o pttblic he61Uh er sefety, including httt noL lim.iteGI to weJ.e~-s efthe Slete. Al! ctppf·epdete permits (ether them the authorizations fequired by .'his Section for eenversions) Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 16 shell he eht€line6lprier te SiiCh €11:ithorized Uink removels. The removal ofan 1,mdergrei,·nd tank ptwsuctnt to this Sectien df:JCS PW! otherwise exempt opro-perty ewPierjr(;)m the req1:1irement ()-fobtaining ce;?:ditiemitl 1;1se a1;1thori:;atien. ,<e C(fl'l'.Jerl en AuffJmetive Se,··viee Station. Section 5. PLANNING CODE AMENDMENTS TO ZONING CONTROL TABLES TO CONFORM TO DELETION OF PLANNING CODE SECTION 202.5. Consistent with Section 4 of this ordinance, which deletes Section 202.5, "Conversion of Automotive Service Stations," from the Planning Code: (a) The following Zoning Control Tables in Planning Code Article 2 are revised to delete the cross-reference to Planning Code Section 202.5 where "Automotive Service Station" is listed in the tables: Table 210.1 (C-2 Districts: Community Business) Table 210.2 (C-4 Districts: Downtown Commercial) Table 210.3 (PDR Districts) (b) The following Neighborhood Commercial and Neighborhood Commercial Transit . Zoning Control Tables in Planning Code Article 7 are revised to delete the cross-reference to Planning Code Section 202.5 where "Automotive Service Station" is listed in the tables: Table 731, Noriega Street Neighborhood Commercial District Table 732, Irving Street Neighborhood Commercial District Table 733, Taraval Street Neighborhood Commercial District Table 734, Judah Street Neighborhood Commercial District Table 751, NC-2 - Small Scale Neighborhood Commercial Transit District Table 753, SOMA Neighborhood Commercial Transit District Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 1 Table 754, Mission Street Neighborhood Commercial Transit District Table 755, Ocean Avenue Neighborhood Commercial Transit District Table 756, Glen Park Neighborhood Commercial Transit District Table 759, Divisadero Street Neighborhood Commercial Transit District (c) The following Neighborhood Commercial and Neighborhood Commercial Transit Zoning Control Tables in Planning Code Article 7 are revised to delete the cross-reference to Planning Code Section 202.5, where "Automotive Use" is listed in the table: Table 712, Moderate-Scale Neighborhood Commercial District NC-3 Table 714, Broadway Neighborhood Commercial District Table 715, Castro Street Neighborhood Commercial District Table 716, Inner Clement Street Neighborhood Commercial District Table 717, Outer Clement Street Neighborhood Commercial District Table 718, Upper Fillmore Street Neighborhood Commercial District Table 719, Haight Street Neighborhood Commercial District Table 720, Excelsior Outer Mission Neighborhood Commercial District Table 721, Japantown Neighborhood Commercial District Table 722, North Beach Neighborhood Commercial District Table 723, Polk Street Neighborhood Commercial District Table 724, Sacramento Street Neighborhood Commercial District Table 725, Union Street Neighborhood Commercial District Table 726, Pacific Avenue Neighborhood Commercial District Table 728, 24th Street- Noe Valley Neighborhood Commercial District Table 729, West Portal Avenue Neighborhood Commercial District Table 730, Inner Sunset Neighborhood Commercial District Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 18 Table 737, Bayview Neighborhood Commercial District Table 739, Geary Boulevard Neighborhood Commercial District Table 740, Mission Bernal Neighborhood Commercial District Table 744, Lower Polk Street Neighborhood Commercial District Table 750, NCT-1 - Neighborhood Commercial Transit Cluster District Table 752, NCT-3 - Moderate Scale Neighborhood Commercial Transit District Table 757, Folsom Street Neighborhood Commercial Transit District Table 758, Regional Commercial District Table 760, Fillmore Street Neighborhood Commercial Transit District Table 761, Hayes-Gough Neighborhood Commercial Transit District Table 762, Valencia Street Neighborhood Commercial Transit District Table 763, 24th Street-Mission Neighborhood Commercial Transit District Table 764, Upper Market Street Neighborhood Commercial Transit District Section 6. The Planning Code is hereby amended by revising Sections 810,811,812, and 899, to read as follows: SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. * * * * TABLE 810 CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE Zoning Category NON-RESIDENTIAL USES * * * * Automotive Use Category Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS § References * * * * Controls Controls by Story 1st 2nd 3rd+ * * * * Page 1 Automotive Uses* §§ 102,~ NP NP NP * * * * * * * * * * * * * * * * SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. * * * * TABLE 811 CHINATOWN VISITOR RETAIL DISTRICT Zoning Category § References Controls NON-RESIDENTIAL USES Controls by Story 1st 2nd 3rd+ * * * * * * * * * * * * Automotive Use Category Automotive Uses* §§ 102, ~ NP NP NP * * * * * * * * * * * * * * * * SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * TABLE 812 CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT Zoning Category NON-RESIDENTIAL USES * * * * Automotive Use Category Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS § References * * * * Controls Controls by Story 1st 2nd 3rd+ * * * * Page2 Automotive Uses* §§102,~ NP NP NP * * * * * * * * * * * * * * * * SEC. 899. OTHER APPLICABLE SECTIONS OF THE PLANNING CODE. Certain sections of the Planning Code in Articles other than this Article also apply to Mixed Use Districts. Such sections and their titles are listed below. The following listing is set forth for convenience; in the event of any omission of a provision, that provision shall nevertheless still apply. * * * * Uses * * * * Sectien 2()2. 5 C819'i1ersien e_fAu.'ef'1leli·i1e Service S-.'elions * * * * Section 7. 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 Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page 21 Section 8. 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. Section 5 of this ordinance is an exception to the foregoing sentence, because Section 5 mandates changes in the Planning Code without adhering to the specifics of the above-referenced Note. APPROVED AS TO FORM: David Chiu, City Attorney By: Isl AUDREY PEARSON Deputy City Attorney n:\legana\as2021\2100395\01614450.docx Mayor Breed; Supervisor Mandelman BOARD OF SUPERVISORS Page2 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton 8. Goodlett Place San Francisco, CA 94102-4689 File Number: 220811 Date Passed: December 13, 2022 Ordinance amending the Planning Code to increase density on lots with auto-oriented uses where housing is permitted, except for Residential-Mixed (RM) and Residential-Commercial (RC) districts and designated historic districts, but which do not currently have any residential use or a legacy business, and to remove the Conditional Use requirement to change the use of an Automobile Service Station or Automotive Use to another use, and amend zoning control tables to reflect this change; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101 .1; and making findings of public necessity, convenience, and welfare as required by Planning Code, Section 302. July 11, 2022 Land Use and Transportation Committee - CONTINUED TO CALL OF THE CHAIR December 05, 2022 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT December 06, 2022 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton · December 13, 2022 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Pagel Printed at 11:43 am on 12/14112 File No. 220811 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 12/13/2022 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 11 :43 am on 12/14/22