o0157-23

AMENDED IN COMMITTEE FILE NO. 230503 7/10/2023 ORDINANCE NO. 157-23 [Planning Code - Port of San Francisco Waterfront Plan Update] Ordinance amending the Planning Code to revise certain Waterfront Special Use District controls and to add Waterfront Special Use District No. 4 covering areas east of the Mission Bay and Southern Waterfront areas; and making environmental findings, including adopting a statement of overriding considerations, and 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 1Vew Romenfont. 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 Planning Code Findings. (a) On -----March 16, 2023, after a duly noticed public hearing, the Planning Commission, by Motion No. -----21277, certified the Final Environmental Impact Report (EIR) for the Port of San Francisco's Waterfront Plan (the Project), which updates and amends the Port's 1997 Waterfront Land Use Plan and sets long term goals and policies to guide the use, management, and improvement of properties owned and managed by the Port. The Planning Commission motion finds that the Final EIR reflects the independent judgment and analysis of the City and County of San Francisco, is adequate, accurate and objective, contains no significant revisions to the Draft EIR, and the content of the report and the Planning Department BOARD OF SUPERVISORS Page 1 procedures through which the Final EIR was prepared, publicized, and reviewed comply with the provisions of the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.), the CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.), and Chapter 31 of the San Francisco Administrative Code. Copies of the Planning Commission Motion and Final EIR are on file with the Clerk of the Board of Supervisors in File No. -230503 and are incorporated herein by reference. The Board affirms this determination. (b) The Project evaluated in the Final EIR includes the proposed amendments to the Planning Code set forth in this ordinance as well as amendments to the General Plan and the Zoning Map. The proposed Planning Code amendments set forth in this ordinance are within the scope of the Project evaluated in the Final EIR. (c) On April 5, 2023, the Planning Department published Addendum No. 1 to the Final EIR (the "Addendum"), and determined that the additional information in Addendum No. 1 does not change the analyses and conclusions presented in the FEIR. The Addendum provides additional language to clarify the CEQA review process for subsequent projects. The Addendum is on file with the Clerk of the Board of Supervisors in File No. 230501 and is incorporated herein by reference. The Board affirms this determination; and (eg) On April 11, 2023, the Port Commission, in ResolutionMotion No. -----23-15, adopted findings under CEQA regarding the Project's environmental impacts, the disposition of mitigation measures, and project alternatives, as well as a statement of overriding considerations (CEQA Findings), and adopted a mitigation monitoring reporting program (MMRP). A copy of said Motion is on file with the Clerk of the Board of Supervisors in File No. -----230503, and is incorporated herein by reference. (a~) On -----April 20, 2023, the Planning Commission, in ResolutionMotion No. =========2~1~3~0~4. adopted findings under CEQA regarding the Project's environmental Planning Department BOARD OF SUPERVISORS Page2 impacts, the disposition of mitigation measures, and project alternatives, as well as a statement of overriding considerations (CEQA Findings) and adopted a mitigation monitoring reporting program (MMRP). A copy of said Motion is on file with the Clerk of the Board of Supervisors in File No. ========~2~3~0~5~0~3, and is incorporated herein by reference. (ef) On April 20, 2023, the Planning Commission, in Resolution No. ========~2~1~3~0~4, recommended the proposed Planning Code amendments for approval and 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. -----230503, and is incorporated herein by reference. (fg) On April 20, 2023, the Planning Commission, in Resolution No. ========~2~1g3~0~4, adopted findings under Planning Code section 302 that the actions contemplated in this ordinance will serve the public necessity, convenience, and welfare. 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. -----230503, and is incorporated herein by reference. (~h) The Board of Supervisors has reviewed and considered the Final EIR and the environmental documents on file referred to herein. The Board of Supervisors has reviewed and considered the CEQA Findings, and hereby adopts them as its own and incorporates them by reference as though such findings were fully set forth in this ordinance. (fll) The Board of Supervisors adopts the MMRP as a condition of this approval, and endorses those mitigation measures that are under the jurisdiction of other City Departments, and recommends for adoption those mitigation measures that are enforceable by agencies other than City agencies, all as set forth in the CEQA Findings and MMRP. Planning Department BOARD OF SUPERVISORS Page 3 (+l) The Board of Supervisors finds that since certification of the Final EIR no substantial changes have occurred in the proposed Project that would require revisions in the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, no substantial changes have occurred with respect to the circumstances under which the proposed Project is to be undertaken that would require major revisions to the Final EIR due to the involvement of new environmental effects or a substantial increase in the severity of effects identified in the Final EIR, and no new information of substantial importance to the proposed Project has become available which indicates that (1) the Project will have significant effects not discussed in the Final EIR, (2) significant environmental effects will be substantially more severe, (3) mitigation measure or alternatives found not feasible that would reduce one or more significant effects have become feasible, or (4) mitigation measures or alternatives that are considerably different from those in the Final EIR would substantially reduce one or more significant effects on the environment. Section 2. Article 2 of the Planning Code is hereby amended by revising Sections 240, 240.1, 240.2, and 240.3, and adding Section 240.4, as follows: SEC. 240. WATERFRONT SPECIAL USE DISTRICT. (a) Purpose. In order to provide for certain areas with unique natural and man- made physical characteristics, distinct historic and maritime character, special traffic, parking,_ and use considerations, recognized development potential, and proximity to residential, public,_ and commercial areas of regional, national,_ and international significance which should be protected from adverse adjacent development, there shall be fhF.e.e-four Waterfront Special Use Districts, Numbers 1, 2,_ end-3, and 4, as designated on Sectional Map~ No. 1 SU, 8 SU, and 9 SU* of the Zoning Map. The original copy of said Sectional Map~ with these Special Use Planning Department BOARD OF SUPERVISORS Page4 Districts indicated thereon is on file with the Clerk of the Board of Supervisors under File No. 171-70-4, pursuant to Ordinance No. 131-70 and subsequent amendments theretmrnder F'ik ]Vo. ---. The provisions set forth in Sections 240.1 through 24fH240.4 shall apply, respectively, within these Special Use Districts, and shall be applicable to all property, whether public or private, including property under the jurisdiction of the San Francisco Port Commission. (b) State and Regional Land Use Controls. Much of the property within Waterfront Special Use District Numbers 1,_ entl-3, and 4 is subject to land use controls in addition to those set forth in this Code. Most of the land under the jurisdiction of the Port Commission is public trust land and is subject to use limitations as provided in California Statutes of 1968, Chapter 1333, as amended (the "Burton Act") and the San Francisco Charter. In the event of a conflict between the provisions of the Burton Act and this Code, the State legislation prevails. A portion of the property under the Port Commission's jurisdiction is further subject to use limitations as provided ien the California Government Code, Sections 66600 et seq. (the "McAteer-Petris Act"). The San Francisco Bay Conservation and Development Commission is responsible for implementing the provisions of the McAteer-Petris Act. Other property within lhisthese Waterfront Special Use Distric~ is subject to redevelopment plans adopted by the Board of Supervisors. (c) Waterfront Design Review Process. (1) In order to best achieve the public objectives that have been established in law and policy for the property under the jurisdiction of the Port Commission, a waterfront design review process is hereby established to review the urban design of new development on certain land under the Port Commission's jurisdiction within /he-Waterfront Special Use Districts Numbers 1, 3, and 4, consistent with applicable provisions of the Port's Waterfront bttnd tJ.s,e-Plan tmd its Waterfront Design tmdAccess goels, objectiws end criterie, urban design, historic preservation, and public access goals, policies, and obiectives, as provided below. The purpose of Planning Department BOARD OF SUPERVISORS Page 5 the waterfront design review process is to identify and integrate the State, regional ... and local objectives pertaining to the urban design of maior, non-maritime development proiects and proposed uses in order to optimize the public enjoyment and beneficial use of this public trust resource. (2) The waterfront design review process shall be conducted by the Waterfront Design Advisory Committee ("Committee"), which shall consist of five members. €l Design Advisory Co,nl'niffee. The 1\/ayor sh€1ll ttppoint €l €fU€1l(fiedpro.fession€ll urb€ln pf€ln,9er or €lrchitect (gener€ll, historic or l€lndsctrpe) who resides or works in &m Fr€lncisco €IS one member. The Director of Planning and the Director of the Port of San Francisco shall each appoint two members who are, consisting o.f(l) €l senior memberfrom their respectiw st&ffe €Ind (2) €l qualified professional urban planner~ or architec~ (general, historic ... or landscape) who resides or works in San Francisco, and are not employed within their agency. In addition to these members, the Director of the Port shall also appoint one member who is a historic preservation professional who meets the Secretary ofthe Interior's Professional Qualifications Standard. Port of San Francisco staff shall maintain Committee records and administrative procedures reflecting the roster, qualifications, and terms for each Committee member. Of the origin€ll ElfJJ30intmcnts, the 1\/ayor's ElfJJ30intfnent sh€1ll serve fer €l fo1+r yet1r term €Ind the Pl€lnning Dir-ccter €Ind Port Director shell e€1:Ch ElfJfJOint one nw,wber for €l two ye€lr term €Ind one l'nember for €1 feur ye€lr term. Afkr eXf)irntion of the origin€!! tcnns, €Ill ElfJfJOintHw19ts sh€1ll be fer four ye€lr terms. The Port Commission mayis gr€lntcd the €luthority to increase the number of Committee members by adding representatives appointed by the Director of the Bay Conservation and Development Commission, if needed. The CommitteeDesign Ad:·isory Committee shall select a chairperson from among its voting members, and shall establish rules and regulations for its own organization and procedure. The CommitteeCommit-tee may establish subcommittees to which it may assign Committee Planning Department BOARD OF SUPERVISORS Page 6 design review responsibilities. The Committee shall act by vote of a majority of those present at a meeting with a quorum of Committee members. (3) The Design Advisor;,' Committee shall review proposed projects to be developed on property of the Port of San Francisco, as set forth in Sections 240.1, 240.3, and 240.J.:[ of this Code. (4) The Desig,q Ad1,,isor;,1 Committee shall be advisory to the Planning Department and Port of San Francisco, and shall provide its design recommendations to the Bay Conservation and Development Commission for proposed projects within its jurisdiction. The Port shall convene and provide staff assistance to the Committee and consult with the Committee on non-maritime development projects as set forth in this Code and at such other times as the Port deems appropriate. (5) The PitHuqing Cemmission end the Pert Cemmissien sheU hoM e joint hetFring within two yeers from the dBte of edoption of this ordinence te c;ehtete the design rc;iew process end meke recommendetions te the Boerd ofSuper;isors fer its irnprovenwnt. (~,2) The Committee shall hold a public hearing on a proposed project and make design recommendations to ensure that the urban design of the proposed project is consistent with applicable provisions of the Waterfront Lend Use Plan's Wyfterjr-ont Design end Access goels, objecti·;es end criterieurban design, historic preservation, and public access goals, policies, and ob;ectives. +In addition to any other notice required by law, the Committee shall provide public notice for this hearing by electronic mail to the applicant or other person or agency initiating the action and other parties who have requested nqeikd notice afsuch heering on the project in writingnotice of such hearing on the project and submitted their contact information to the Port of San Francisco. (-7.Q) The Committee, as an advisory board, must review and consider any final environmental documents, or draft documents if final documents are not yet available, Planning Department BOARD OF SUPERVISORS Page 7 prepared pursuant to the California Environmental Quality Act,. before it makes its final recommendations. (82) The determination of the Committee on urban design issues related to the proposed project shall be final as to those design issues, except as provided below. The Committee shall transmit the design recommendations to the Planning Department and Port, and to the Bay Conservation and Development Commission for proposed projects within BCDC 'sits jurisdiction, within jive d€lys two weeks following the Committee action for consideration by those agencies prior to any action on the project. (A) For a project that is permitted as a Principal Use, the Planning Commission maye€H'I:, by majority vote within 14 days of receipt of the design recommendations of the Committee, make a determination to review the design recommendations. If the item cannot be calendared for Planning Commission consideration within that period due to a canceled meeting, the Commission may consider whether to review the design recommendations at its next available meeting. If the Planning Commission requests review, it shall conduct a public hearing on the matter within 14 days following its determination to review the design recommendations, if legally adequate environmental documents have been completed, or at its first public meeting after such documents have been completed, unless the Port Director agrees to a different date. At the request of the Port Director, the meeting shall be conducted as a joint public hearing of the Planning Commission and the Port Commission. The Planning Commission, by majority vote, may adopt, amend,. or reject the design recommendations of the Committee, subject to the same standards and criteria that govern Committee decisions as provided in subsection (c)Ll:6) above. If the Port Commission accepts the design recommendations of the Committee or of the Planning Commission, the Port Commission shall incorporate the design recommendations into the Port action on the project. Planning Department BOARD OF SUPERVISORS Page 8 If the Port Commission objects to or seeks to modify the design recommendations of the Committee, the Port Commission may request Planning Commission review of the design recommendations of the Committee. The Planning Commission shall schedule a public hearing and review the design recommendations of the Committee within 20 days following receipt of the request, if legally adequate environmental documents have been completed, or at its first public meeting after such documents have been completed, unless the Port Director agrees to a different date. At the request of the Port Director, the meeting shall be conducted as a joint public hearing of the Planning Commission and the Port Commission. If the Port Commission objects to or seeks to substantially modify design recommendations that have been approved by the Planning Commission as set forth above, the Port Commission may appeal the design recommendations to the Board of Supervisors pursuant to the procedures set forth in Section 308.1 of this Code and in Charter Section 4.105 for appeals of Conditional Uses. The Board of Supervisors may disapprove the decision of the Commission by a vote of not less than two-thirds of the members of the Board. (B) For a project that requires a conditional use authorization, the Director of Planning shall incorporate the design recommendations of the Committee on urban design issues related to the proposed project into the recommendation to the Planning Commission. The Director of Planning may recommend specific modifications to the Committee's design recommendations, in which case the Director's recommendation shall specify why the Committee's design recommendations should not be considered final. The Director of Planning shall schedule a public hearing before the Planning Commission within 30 days following receipt of the Committee's design recommendations, if legally adequate environmental documents have been completed, or at its first public meeting after such documents have been completed, unless the Port Director agrees to a different date. Planning Department BOARD OF SUPERVISORS Page 9 (d) A project within a Waterfront Special Use District shall be reviewed under the standardsprcn1isio1qs set forth in Sections 240.1 through 240. 4 for the Waterfront Special Use District within which boundaries it is located, and shall not be considered, for review purposes under this Code, as including or being part of a project within an adjoining Waterfront Special Use District, notwithstanding the timing of development, the physical proximity or type of uses associated with any other such projects, or the applicant or other person or agency initiating the action. SEC. 240.1. WATERFRONT SPECIAL USE DISTRICT N0.1. The following provisions shall apply within Waterfront Special Use District No. 1: (a) Accessory Uses Related to Maritime Uses. A related minor use that is identified as an acceptable, existing, or interim land use in the Waterfront Lend Use Plan adopted by the Port Commission and that is either necessary to the operation or enjoyment of a Maritime Use, as defined in Section 102 of this Code, or is appropriate, incidental, and subordinate to any such use, shall be permitted as an accessory use when located on the same lot, provided that the minor use does not itself occupyinvolvc the b(;SC ~{more than one- third of the site area occupied by such minor use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading. (b) Principal Uses shall include: (1) Maritime Uses as defined in Section 102 of this Code. (2) Any use that is listed in this Code as a permitted use in the district established by Section 201 applicable to the particular property involved shall be permitted as a principal use if the use is identified as an acceptable, existing, or interim land use in the Waterfront Lend Use Plan adopted by the Port Commission. (c) Conditional Uses shall include any use that is listed in this Code as a conditional use in the district established by Section 201 applicable to the particular property Planning Department BOARD OF SUPERVISORS Page 10 involved, provided that the use is identified as an acceptable, existing, or interim land use in the Waterfront Lend Use Plan adopted by the Port Commission. The specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the provisions set forth in Section 303 and Article 3.5 of this Code and $§:Ubsection (d), below. (d) Any use, other than Maritime Uses defined in Section 102 of this Code, that is listed in this Code as a permitted use or conditional use in the use district established by Section 201 applicable to the particular property involved, that involves (1) new construction or (2) proiects with lease terms longer than 10 years that include substantial exterior alterations visible from the street or other major public site, excluding minor changes including but not limited to maintenance, alterations, and repairs involving replacing features with similar features or adding similar features; restoration of preexisting conditions; and signs, awnings, or canopies, shall be subject to review of the urban design of the proposed use under the waterfront design review process, as provided under Section 240(c) of this Code. (e) In considering any application in this special use district under Section 303 of this Code, the Planning Commission shall consider the following criteria in lieu of the criteria set forth in Section 303(c): (1) That such use or feature as proposed is consistent with the Waterfront Lend: the-Plan (WLUP) adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan; (2) That the design of such use or feature as proposed is consistent with the WLUP Waterfrent Design flndAeeess geels, pelieies, end eriterie edopted by the Pert Commission Waterfront Plan urban design, historic preservation, and public access goals, policies, and obiectives, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan; Planning Department BOARD OF SUPERVISORS Page 11 (3) Provision to the extent feasible, along the sea wall and along the perimeters of piers or platforms, of public access and of open spaces available for public use and suitable for viewing purposes or water-oriented recreation; (4) Limitation of water coverage in the Northern Waterfront area from the Hyde Street Pier to Pier 46 so as not to exceed the degree of coverage by piers as existing ttt-the effective dete o.fthis &ctionas o(February 16, 1998; (5) Construction of new piers or platforms so that the water's edge shall be maintained at the sea wall where feasible; (6) Provision or maintenance of view corridors along streets into the Bay, and of panoramic views, in accordance with the view policies of the Northeastern Waterfront Plan, a part of the General Plan; and (7) Development over the water generally on piers or platforms rather than on fill. (f) The basic Floor Area Ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code. To calculate the Floor Area Ratio on piers under the jurisdiction of the Port Commission, all building permit applications shall include a map of the lot or lease area with precise boundaries showing its location on the pier under consideration. The proposed lot shall be reviewed and approved as part of the building permit and be the basis for further alterations or expansions of the structure. SEC. 240.2. WATERFRONT SPECIAL USE DISTRICT NO. 2. The following provisions shall apply within Waterfront Special Use District No. 2: (a) Industrial, commercial,_ and other operations directly related to the conduct of waterborne commerce or navigation shall be permitted as Principal Uses, except in residential zoning districts. Planning Department BOARD OF SUPERVISORS Page 12 (b) A Hotel or Motel, if otherwise listed in this Code as a permitted use, shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code. (c) An Automotive Service Station, if otherwise listed in this Code as a permitted use, shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code. (d) Any building or use which provides a greater number of off-street parking spaces than required under Section 151 of this Code shall be permitted only upon approval by the Planning Commission as a eConditional -uUse under Section 303 of this Code; provided, however, that this subsection @_shall not apply in any case where fewer than 10 such spaces are provided. Any building or use which provides 10 or more off-street parking spaces shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code. Any Use, whether Principe! or Accessory, not screenedfroni view from efi:jecent streets end other pHhlic erees, with tlw exception ofeccessory offsfreetperking erees for nbw or fewer eHtonwhiles, shell he permitted only btpon BJ3J3rm·el by the Planning Commission es e Conditionel Use Hnder Section 303 0:fthis Code. * * * * SEC. 240.3. WATERFRONT SPECIAL USE DISTRICT NO. 3. The following provisions shall apply within Waterfront Special Use District No. 3: (a) Industrial, commercial,_ and other operations directly related to the conduct of waterborne commerce or navigation shall be permitted as Principal Uses. (b) A wholesale establishment conducted entirely within an enclosed building shall be permitted as a Principal Use. Planning Department BOARD OF SUPERVISORS Page 13 (c) Any development on property not under the jurisdiction of the Port Commission which includes an area (excluding the area of public streets and alleys) of at least three acres shall be permitted only upon approval by the Planning Commission according to the procedures for conditional use approval in Section 303 of this Code. In considering any application for such a development under Section 303, the Planning Commission shall consider the following criteria in addition to those stated in Section 303(c): (1) Conformance to the Northeastern Waterfront Plan, a part of the General Plan, including streets and roadways as indicated therein; (2) Assurance of a general profile for development having higher portions near Telegraph Hill or other inland areas and lower portions near The Embarcadero; (3) Assurance of view corridors along public streets between Telegraph Hill or other inland areas and the waterfront and Bay; (4) Provision of open spaces available to the public; and (5) Adherence to the character of surrounding areas of the City. (d) Any new development (excluding alterations to existing development) on property under the jurisdiction of the Port Commission that requires a Port lease of more than 10 years, (exc!Hding aherations to existing dewlopnwnt) and which includes an area (excluding the area of pHhtic streets and alleys) of at least Yi acre (excluding the area of public streets and alleys) shall be subject to review of the urban design of the proposed use by the waterfront design review process, as provided under Section 240(c) of this Code. (e) In considering any application for development on property under the jurisdiction of the Port Commission on which a specific use or uses require a conditional use, the specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the provisions set forth in Section 303 and Article 3.5 of this Code. The Planning Commission shall consider the following criteria in lieu of those stated in Section 303(c): Planning Department BOARD OF SUPERVISORS Page 14 (1) That such use or feature as proposed is consistent with the Waterfront .b&ffi .fke..-Plan (WLUP) and the design of the use is consistent with Waterfront Plan urban design, historic preservation, and public access its WLUP Wate,:front Design tmdAeeess goals, policies,_ and obiectiveseriterie, adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan; (2) Assurance of a general profile for development having higher portions near Telegraph Hill or other inland areas and lower portions near The Embarcadero; (3) [Resenred.] (J.4) Assurance of view corridors along public streets between Telegraph Hill or other inland areas and the waterfront and Bay, in accordance with the view policies of the Northeastern Waterfront Plan, a part of the General Plan; (1:_J.) Provision of open spaces available to the public consistent with the Waterfront Plan urban design and open space Design and Access goals, policies,_ and obiectiveseriterie; and (Jf) Adherence to the character of surrounding areas of the City. (f) A Hotel or Motel, if otherwise listed in this Code as a Permitted Use, shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code. (g) An Automotive Service Station, if otherwise listed in this Code as a Permitted Use, shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code. (h) Any building or use which provides a greater number of off-street parking spaces than required under Section 151 of this Code shall be permitted only upon approval by the Planning Commission as a conditional use under Section 303 of this Code; provided, however, that this subsection @_shall not apply (1) in any case where fewer than 10 such Planning Department BOARD OF SUPERVISORS Page 15 spaces are provided, or (2) for property under the jurisdiction of the Port of San Francisco, to the extent such off-street parking spaces existed as of the effectiw €1:ate afthis SuhsectionFebruary 16, 1998. Any building or use which provides 10 or more off-street parking spaces shall be permitted only upon approval by the Planning Commission as a Conditional Use under Section 303 of this Code. (i) Any use, whetlwr Principf:ll or Accessory', not screenedfrom ·i1iewfrom e1dje1cent s!reets f:lnd other public f:lref:ls, with the exception eftempornry usespursuf:lnt to Section 2Q5. l, f:lccessory off streetpf:lr,lcing f:lref:lsfor nine or fewer f:lUfoH'lohiles, or ajfstreetpf:lrking e1ref:ls onpreperty under tlw jurisdiction efthe Port afSe1n Frf:lncisco in existence f:lS afthe effecti·i1e dete ~f!his subsection, shf:lll he permitted only upo1'l EffJProve1l by the Plf:l,ming Conimission e1s f:l Conditionf:ll Use under Section 3Q3 ef this Code. (ft) The basic Floor Area Ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code. SEC. 240.4. WATERFRONT SPECIAL USE DISTRICT NO. 4. The following provisions shall apply within Waterfront Special Use District No. 4: (a) Accessory Uses Related to Maritime Uses. A related minor use that is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission and that is either necessary to the operation or enioyment of a Maritime Use, as defined in Section 102 of this Code, or is appropriate, incidental. and subordinate to any such use, shall be permitted as an accessory use when located on the same lot, provided that the minor use does not itself occupy more than one-third of the site area occupied by such minor use and the principal or conditional use to which it is accessory. except in the case of accessory off-street parking and loading. (b) Principal Uses. Principal uses shall include: (]) Maritime Uses as defined in Section 102 o[this Code. Planning Department BOARD OF SUPERVISORS Page 16 (2) Any use that is listed in this Code as a permitted use in the district established by Section 201 applicable to the particular property involved shall be permitted as a principal use i[the use is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission. (c) Conditional Uses. Conditional uses shall include any use that is listed in this Code as a conditional use in the district established by Section 201 applicable to the particular property involved, provided that the use is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission. The specific use or uses requiring a conditional use within a proiect, and not the proiect in its entirety, shall be subiect to the provisions set forth in Section 303 and Article 3. 5 of this Code and subsection (d) below. (d) Any new development (excluding alterations to existing development) on property under the iurisdiction o(the Port Commission that requires a Port lease of more than 10 years, and includes an area ofat least 1/2 acre (excluding the area ofpublic streets and alleys) shall be subiect to review of the urban design of the proposed use by the waterfront design review process, as provided under Section 240(c) o[this code. (e) In considering any application in this special use district under Section 303 of this Code, the Planning Commission shall consider the following criteria along with the criteria set forth in Section 303(c). Only the specific use or uses requiring a conditional use within a proiect, and not the proiect in its entirety, shall be subiect to the following criteria: (]) That such use or feature as proposed is consistent with the Waterfront Plan adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan,· and (2) That the design of such use or feature as proposed is consistent with the Waterfront Plan urban design, historic preservation, and public access goals, policies, and obiectives Planning Department BOARD OF SUPERVISORS Page 17 adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan. Section 3. 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 4. 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. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: Isl Peter R. Miljanich PETER R. MILJANICH Deputy City Attorney n :\leg an a\as2023\2300067\01682943 .docx Planning Department BOARD OF SUPERVISORS Page 18 City and County of San Francisco Tails Ordinance City Hall l Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 230503 Date Passed: July 25, 2023 Ordinance amending the Planning Code to revise certain Waterfront Special Use District controls and to add Waterfront Special Use District No. 4 covering areas east of the Mission Bay and Southern Waterfront areas; and making environmental findings, including adopting a statement of overriding considerations, and 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. July 10, 2023 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 10, 2023 Land Use and Transportation Committee - RECOMMENDED AS AMENDED July 18, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton July 25, 2023 Board of Supervisors - Fl NALLY PASSED Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton File No. 230503 London N. Breed Mayor City and County of San Francisco Page I I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/25/2023 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 8:48 am on 7/26123