240 | Corpus

SEC. 240. WATERFRONT SPECIAL USE DISTRICT.

New Ordinance Notice Publisher's Note: This section has been AMENDED by new legislation (Ord. 99-26 , approved 5/29/2026, effective 6/29/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is operative. (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 four Waterfront Special Use Districts, Numbers 1, 2, 3, and 4, as designated on Sectional Maps No. 1 SU, 8 SU, and 9 SU* of the Zoning Map. The original copy of said Sectional Maps with these Special Use 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 thereto. The provisions set forth in Sections 240.1 through 240.4 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, 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 in 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 these Waterfront Special Use Districts 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 Waterfront Special Use Districts Numbers 1, 3, and 4, consistent with applicable provisions of the Port’s Waterfront Plan urban design, historic preservation, and public access goals, policies, and objectives, as provided below. The purpose of the waterfront design review process is to identify and integrate the State, regional, and local objectives pertaining to the urban design of major, non-maritime development projects 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. The Director of Planning and the Director of the Port of San Francisco shall each appoint two members who are qualified professional urban planners or architects (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 of the 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. The Port Commission may increase the number of Committee members by adding representatives appointed by the Director of the Bay Conservation and Development Commission, if needed. The Committee shall select a chairperson from among its voting members, and shall establish rules and regulations for its own organization and procedure. The Committee may establish subcommittees to which it may assign Committee 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 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 240.4 of this Code. (4) The 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 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 Plan’s urban design, historic preservation, and public access goals, policies, and objectives. 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 notice of such hearing on the project and submitted their contact information to the Port of San Francisco. (6) The Committee, as an advisory board, must review and consider any final environmental documents, or draft documents if final documents are not yet available, prepared pursuant to the California Environmental Quality Act, before it makes its final recommendations. (7) 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’s jurisdiction, within 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 may, 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)(5) 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. 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 recommenda- tions 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 Plan- ning shall incorporate the design recommenda- tions 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 differ- ent date. (d) A project within a Waterfront Special Use District shall be reviewed under the standards 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. (Amended by Ord. 443-78, App. 10/6/78; Ord. 15-98, App. 1/16/98; 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 Division (c)(8)(A) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (a), (b), (c)(1)-(3), and (d) amended; division (c)(5) deleted; divisions (c)(6)- (8) redesignated as (c)(5)-(7) and amended; Ord. 157-23, Eff. 8/28/2023.

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;