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
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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.
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(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.
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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.
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(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
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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.
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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
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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:
* * * *
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(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
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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.
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(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=-
* * * *
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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
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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
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C-3-S
p
p (3)
p
C
C
C
CP.
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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
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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.
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* * * *
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.
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* * * *
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.
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* * * *
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
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* * * *
(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#
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Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai
BOARD OF SUPERVISORS
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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
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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
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* * * *
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
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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
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, 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
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SEC. 840. MUG - MIXED USE-GENERAL DISTRICT.
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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
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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
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* * * *
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
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* * * *
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
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~
),
*
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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.
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Mayor Breed; Supervisors Mandelman; Stefani, Melgar, Mar, Dorsey, Safai
BOARD OF SUPERVISORS
p
SALi District
Controls
C and must be within
an enclosed building
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' • 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
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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
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. ,. ).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
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' ,.,
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
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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
