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
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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
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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.
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(+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
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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
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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
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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,
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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.
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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.
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(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
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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;
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(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.
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(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.
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(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):
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(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
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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.
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(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
