San Francisco Planning Code § 240 Waterfront Special Use

(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. 17170-4, 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 Port 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.

(3) The Port shall transmit design recommendations for proposed projects to the Planning Department and to the Bay Conservation and Development Commission for proposed projects within BCDC’s jurisdiction, 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, 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 Port, subject to the same standards and criteria provided in subsection (c)(2) above.

If the Port Commission accepts the design recommendations of the Port 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 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.

(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; Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026)

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. Divisions (c)(2), (3), (4), (6), and (7)(B), and the second undesignated paragraph under (c)(7)(A) deleted; divisions (c)(5) and (c)(7)-(c)(7)(A) and first subsequent undesignated paragraph amended and redesignated as (c)(2) and (c)(3)-(c)(3)(A) and first undesignated paragraph; Ord. 99-26, Eff. 6/29/2026.