Supervisor Peskin'led amendments advance ordinance easing conversion of service stations to electric-vehicle charging
July 18, 2022 | San Francisco County, California
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The Land Use and Transportation Committee on July 18 recommended an amended ordinance to the full Board that would change San Francisco's planning code to classify electric-vehicle charging locations and fleet charging as automotive uses and to make it easier to convert existing automotive facilities to EV charging.
Supervisor Aaron Peskin, who introduced the amendments, said the files had been duplicated in prior hearings and described a technical amendment (footnote 24) that would permit as-of-right conversion at 12 existing private parking or vehicle-storage lots in three PDR districts, all located in District 10. Peskin said the footnote applies where the existing use is a private parking lot or vehicle storage lot and that the sites would otherwise be subject to conditional use authorization.
The Department of the Environment, represented in the meeting by Mr. Chu, told the committee staff from Environment and Planning were available to answer questions about the proposal and that the ordinance had been amended since its last presentation to the committee.
Public commenters broadly supported electrification but urged changes. Tom Radulovich, executive director of Livable City, praised the goal of electrifying transportation but asked the committee to preserve flexibility so former gasoline stations could become "sustainable mobility hubs" offering EV charging, bike share, car share and repair services rather than converting to a single-use charging site. John, representing EP Go, warned that an onerous conditional-use (CU) process could disadvantage smaller fleets and urged CU timelines be aligned with state guidance.
Chris Kane of Electrify America supported the ordinance's effort to convert existing automotive infrastructure and streamline permitting, but raised a compliance concern: AB 1236 (referred to in the hearing as "AB 12 36") requires jurisdictions to create expedited, administrative permitting processes for EV charging stations and to issue non-discretionary permits where a building official does not find specific health or safety impacts. Kane asked the committee to amend the ordinance to remove or limit conditional-use requirements so the city's code would implement AB 1236 as written.
After public comment, Supervisor Peskin moved to forward the item as amended to the full Board with a positive recommendation. The vote was recorded as Peskin, Dean Preston and Mirna Melgar voting "aye," and the motion passed.
The committee later returned to Item 1 and took procedural steps to rescind and refile certain amendments and to duplicate the file for additional Planning Commission review; those procedural votes also passed. The committee directed planning staff to review conditional-use provisions the supervisor had proposed and to involve the Planning Commission on specific conditional-use findings for fleet charging.
What happens next: The ordinance as amended will be scheduled for Board consideration; the committee record shows staff and stakeholders expect additional Planning Commission review on conditional-use criteria for fleet charging and further technical edits to ensure consistency with AB 1236.
Quotes
"We changed them at a previous hearing from P to C. And today, I would like to add a footnote 24 that I have circulated to the members of the committee that indicates that those would be permitted as of right where existing where the existing use is a private parking lot or vehicle storage lot," Supervisor Aaron Peskin said in explanation of the amendment.
"AB 12 36 requires all California cities and counties to develop an expedited streamline permitting process for electric vehicle charging station[s]." Chris Kane, Electrify America.
Ending
The committee's recommendation sends the ordinance and Peskin's technical amendments to the full Board; staff and advocates said they will work to align zoning changes with AB 1236 and to clarify conditional-use criteria for fleet charging before final Board action.
Supervisor Aaron Peskin, who introduced the amendments, said the files had been duplicated in prior hearings and described a technical amendment (footnote 24) that would permit as-of-right conversion at 12 existing private parking or vehicle-storage lots in three PDR districts, all located in District 10. Peskin said the footnote applies where the existing use is a private parking lot or vehicle storage lot and that the sites would otherwise be subject to conditional use authorization.
The Department of the Environment, represented in the meeting by Mr. Chu, told the committee staff from Environment and Planning were available to answer questions about the proposal and that the ordinance had been amended since its last presentation to the committee.
Public commenters broadly supported electrification but urged changes. Tom Radulovich, executive director of Livable City, praised the goal of electrifying transportation but asked the committee to preserve flexibility so former gasoline stations could become "sustainable mobility hubs" offering EV charging, bike share, car share and repair services rather than converting to a single-use charging site. John, representing EP Go, warned that an onerous conditional-use (CU) process could disadvantage smaller fleets and urged CU timelines be aligned with state guidance.
Chris Kane of Electrify America supported the ordinance's effort to convert existing automotive infrastructure and streamline permitting, but raised a compliance concern: AB 1236 (referred to in the hearing as "AB 12 36") requires jurisdictions to create expedited, administrative permitting processes for EV charging stations and to issue non-discretionary permits where a building official does not find specific health or safety impacts. Kane asked the committee to amend the ordinance to remove or limit conditional-use requirements so the city's code would implement AB 1236 as written.
After public comment, Supervisor Peskin moved to forward the item as amended to the full Board with a positive recommendation. The vote was recorded as Peskin, Dean Preston and Mirna Melgar voting "aye," and the motion passed.
The committee later returned to Item 1 and took procedural steps to rescind and refile certain amendments and to duplicate the file for additional Planning Commission review; those procedural votes also passed. The committee directed planning staff to review conditional-use provisions the supervisor had proposed and to involve the Planning Commission on specific conditional-use findings for fleet charging.
What happens next: The ordinance as amended will be scheduled for Board consideration; the committee record shows staff and stakeholders expect additional Planning Commission review on conditional-use criteria for fleet charging and further technical edits to ensure consistency with AB 1236.
Quotes
"We changed them at a previous hearing from P to C. And today, I would like to add a footnote 24 that I have circulated to the members of the committee that indicates that those would be permitted as of right where existing where the existing use is a private parking lot or vehicle storage lot," Supervisor Aaron Peskin said in explanation of the amendment.
"AB 12 36 requires all California cities and counties to develop an expedited streamline permitting process for electric vehicle charging station[s]." Chris Kane, Electrify America.
Ending
The committee's recommendation sends the ordinance and Peskin's technical amendments to the full Board; staff and advocates said they will work to align zoning changes with AB 1236 and to clarify conditional-use criteria for fleet charging before final Board action.
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