240.3

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.

(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 Divisions (a), (b), and (f)-(j) amended; division (k) deleted; Ord. 311-18, Eff. 1/21/2019. Divisions (a), (d), (e)(1), and (h) amended; divisions (e)(3) and (i) deleted; divisions (e)(4)-(6) and (j) redesignated as (e)(3)-(5) and (i); division (e)(5) amended; Ord. 157-23, Eff. 8/28/2023. Division (h) amended; Ord. 245-25, Eff. 1/12/2026. 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 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. 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. 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 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 1/2 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 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 project, and not the project in its entirety, shall be subject to the following criteria: (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; 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 objectives adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan. (Added by Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023) SEC. 241. DOLORES HEIGHTS SPECIAL USE DISTRICT. (See Interpretations related to this Section.) In order to preserve and provide for an established area with a unique character and balance of built and natural environment, with public and private view corridors and panoramas, to conserve existing buildings, plant materials and planted spaces, to prevent unreasonable obstruction of view and light by buildings or plant materials, and to encourage development in context and scale with established character and landscape, there shall be a Dolores Heights Special Use District as designated on Sectional Map No. SU07 of the Zoning Map of the City and County of San Francisco. In this District, all provisions of the Planning Code applicable in RH-1 Districts shall continue to apply except that rear yard and height limit provisions of this Section 241 shall be substituted for rear yard and height limit provisions found elsewhere in this Code. (a) The minimum rear yard depth shall be equal to 45 percent of the total depth of the lot on which building is situated, but in no case shall the rear yard be less than 25 feet deep. (b) No portion of a building shall exceed a height of 35 feet above the existing grade of the lot, with the intent that the building shall be contained within an envelope that slopes upward or downward with the slope of the property. The "height of a building" for purposes of this Section shall be measured in the manner described in Section 260 of this Code, whether the lot being measured slopes upward or downward from the street. (c) Variances may be granted from the rear yard and height limit provisions in Paragraphs (a) and (b) above in accordance with procedures specified in Section 305 of this Code provided that no such variance shall permit a building to have a height in excess of that otherwise permitted in an RH-1 District. (Added by Ord. 286-80, App. 6/17/80; amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015) AMENDMENT HISTORY Division (b) amended; Ord. 22-15, Eff. 3/22/2015. SEC. 242. BERNAL HEIGHTS SPECIAL USE DISTRICT. (See Interpretations related to this Section.) (a) General. A Special Use District entitled the Bernal Heights Special Use District, the boundaries of which are shown on Sectional Map. Nos. 7SU, 8SU, and 11SU of the Zoning Map, is hereby established for the purposes set forth below. (b) Purposes. In order to reflect the special characteristics and hillside topography of an area of the City that has a collection of older buildings situated on lots generally smaller than the lot patterns in other low-density areas of the City, and to encourage development in context and scale with the established character, there shall be a Bernal Heights Special Use District. (c) The provisions of this Section 242 shall not apply to building permit applications or amendments thereto, or to conditional use, variance or environmental evaluation applications filed on or before January 7, 1991. Such applications shall be governed by the ordinances in effect on January 7, 1991, unless the applicant requests in writing that an application be governed by the provisions of this Section 242. (d) Definitions. For purposes of this Section 242, the following definitions apply: (1) "Adjacent building" shall mean a building on a lot adjoining the subject lot along a side lot line. Where the lot constituting the subject property is separated from the lot containing the nearest building by an undeveloped lot or lots for a distance of 50 feet or less parallel to the street or alley, such nearest building shall be deemed to be an "adjacent building," but a building on a lot so separated for a greater distance shall not be deemed to be an "adjacent building." A corner lot shall have only one adjacent building located along its side lot line. (2) "Usable floor area" is the sum of the gross areas of the several floors of a building, measured from the exterior walls or from the center lines of common walls separating two buildings. "Usable floor area" shall not include that floor area devoted to off-street parking or any space or area which is not readily accessible and which has not more than five feet vertical clearance at any point. (e) Controls. All provisions of the Planning Code applicable to an RH-1, RH-1(S), RH-2, and RH-3 District shall apply to applicable portions of the Special Use District except as otherwise provided in this Section 242. (1) Height Limits. No portion of a dwelling in any portion of this district shall exceed a height of 30 feet except as provided below. Notwithstanding the prior sentence, the heights limits in this subsection (e)(1) shall not apply to building permits for structures erected on Lots 055, 056, and 057 in Block 5526 approved before January 8, 2020.