You are viewing an archived code
(a) Purpose. In order to provide for certain areas with unique natural and man-made physical characteristics, distinct 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 three Waterfront Special Use Districts, Numbers 1, 2 and 3, as designated on Sectional Map No. 1 SU* of the Zoning Map. The original copy of said Sectional Map with these Special Use Districts indicated thereon is on file with the Clerk of the Board of Supervisors under File No. 171-70-4 and subsequent amendments under File No. ______. The provisions set forth in Sections 240.1 through 240.3 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 and 3 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 ion 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 this Waterfront Special Use District 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 the Waterfront Special Use District, consistent with applicable provisions of the Port's Waterfront Land Use Plan and its Waterfront Design and Access goals, objectives and criteria, 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 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 a Design Advisory Committee. The Mayor shall appoint a qualified professional urban planner or architect (general, historic or landscape) who resides or works in San Francisco as one member. The Director of Planning and the Director of the Port of San Francisco shall each appoint two members, consisting of (1) a senior member from their respective staffs and (2) a qualified professional urban planner or architect (general, historic or landscape) who resides or works in San Francisco, not employed within their agency. Of the original appointments, the Mayor's appointment shall serve for a four-year term and the Planning Director and Port Director shall each appoint one member for a two-year term and one member for a four-year term. After expiration of the original terms, all appointments shall be for four-year terms. The Port Commission is granted the authority to increase the number of Committee members by adding representatives appointed by the Director of the Bay Conservation and Development Commission. The Design Advisory 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.
(4) The Design Advisory 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 Planning Commission and the Port Commission shall hold a joint hearing within two years from the date of adoption of this ordinance to evaluate the design review process and make recommendations to the Board of Supervisors for its improvement.
(6) 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 Land Use Plan's Waterfront Design and Access goals, objectives and criteria. The Committee shall provide public notice for this hearing by mail to the applicant or other person or agency initiating the action and other parties who have requested mailed notice of such hearing on the project in writing.
(7) 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.
(8) 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 its jurisdiction, within five days 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 can, 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 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 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)(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.
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 for appeals of conditional uses. The Board of Supervisors may disapprove the decision of the Commission by a vote of not less than 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.
(d) A project within a Waterfront Special Use District shall be reviewed under the provisions set forth in 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)