240.1

SEC. 240.1. WATERFRONT SPECIAL USE DISTRICT NO. 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 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 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 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 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 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 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 subsection (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) projects 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 Plan 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 Waterfront Plan urban design, historic preservation, and public access goals, policies, and objectives, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan; (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 as of 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. (Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023) AMENDMENT HISTORY Divisions (a), (b)(1), and (d) amended; Ord. 22-15, Eff. 3/22/2015. Division (f) language deleted; former division (g) redesignated as division (f) and amended; Ord. 311-18, Eff. 1/21/2019. Extra division (f) marker deleted; Ord. 63-20, Eff. 5/25/2020. Divisions (a), (b)(2), (c), (d), (e)(1)-(2), and (e)(4) amended; Ord. 157-23, Eff. 8/28/2023. SEC. 240.2. WATERFRONT SPECIAL USE DISTRICT NO. 2. (See Interpretations related to this Section.) 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. (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 151.1 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 (d) 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. (e) The basic Floor Area Ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code. (Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98; Ord. 311-18, File No. 181028, App. 12/21/2018, Eff. 1/21/2019; Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023; Ord. 245-25, File No. 250701, App. 12/12/2025, Eff. 1/12/2026, Oper. 1/12/2026) AMENDMENT HISTORY Former division (e) included in division (d); former division (f) redesignated as division (e); current divisions (a)-(e) amended; Ord. 311-18, Eff. 1/21/2019. Divisions (a) and (d) amended; Ord. 157-23, Eff. 8/28/2023. Division (d) amended; Ord. 245-25, Eff. 1/12/2026. SEC. 240.3. WATERFRONT SPECIAL USE DISTRICT NO. 3. (See Interpretations related to this Section.) 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. (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, and includes an area of at least ½ 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): (1) That such use or feature as proposed is consistent with the Waterfront Plan and the design of the use is consistent with Waterfront Plan urban design, historic preservation, and public access goals, policies, and objectives, 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) 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; (4) Provision of open spaces available to the public consistent with the Waterfront Plan urban design and open space Design and Access goals, policies, and objectives; and (5) 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 151.1 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 (h) shall not apply (1) in any case where fewer than 10 such 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 February 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) The basic Floor Area Ratio limit shall be 5.0 to 1 to the extent provided in Section 124(e) of this Code.