SEC. 249.80. MISSION ROCK SPECIAL USE DISTRICT.

   (a)   Purpose and Boundaries. A Special Use District entitled the Mission Rock Special Use District (SUD), the boundaries of which are shown on Sectional Map SU08 of the Zoning Maps of the City and County of San Francisco, is hereby established to facilitate the City’s long-term goal of development of a new Mission Rock neighborhood. The purpose of this SUD is to implement the Mission Rock Affordable Housing, Parks, Jobs and Historic Preservation Initiative approved by City voters on November 3, 2015 (Proposition D), and give effect to the Development Agreement (DA), Disposition and Development Agreement (DDA) and related transactional documents as approved by the Board of Supervisors in ordinances in File Nos. 171313 and 180092, which will provide benefits to the City such as, among other things, development of a mixed-use, transit-oriented community on the waterfront near public transit, major new housing, including a significant amount of affordable housing, increased public access and open spaces, extensive infrastructure improvements, shops, restaurants, cafes, neighborhood-serving retail, community spaces, commercial/office and light industrial/production space, preservation and renovation of historic Pier 48, job creation, responsiveness to climate change and resulting sea level rise, and the generation of revenue to fund public improvements.

   (b)   Role of Port Commission. The property within the SUD is under the jurisdiction of the Port Commission. As authorized under the Burton Act and AB 2797, the Port may hold, use, conduct, operate, maintain, manage, administer, regulate, improve, sell, lease, encumber, and control non-trust lands and improvements within the SUD for any purpose on conditions specified in the Burton Act and AB 2797. In the event of a conflict between this Code and the Burton Act, AB 2797, or the McAteer-Petris Act (Cal. Gov’t Code §§ 66600 et seq.), state law shall prevail.

   (c)   Relationship to Design Controls. The Mission Rock Design Controls (Design Controls or DC), adopted by the Planning Commission and the Port Commission and as may be periodically amended, sets forth Standards and Guidelines, applicable within the SUD. A copy of the Design Controls is on file with the Clerk of the Board of Supervisors in File No. 170940 and available on the Board’s website, and is incorporated herein by reference as though fully set forth. Any term used in this Section 249.80 and not otherwise defined in the SUD or this Code shall have the meaning ascribed to it in the Design Controls. The Port shall have exclusive jurisdiction and approval rights over amendments to the Design Controls that affect only open space and right-of-way (including streetscape) development within the SUD, which includes Chapters 2 through 4 of the Design Controls and could include, depending on the context and application to the open space/streetscape areas within Port jurisdiction, the following: Design Controls Section 5.1 (Designing for Environmental Change: Site Grading and Differential Settlement), Section 5.3 (Active Edges), Section 5.4 (Public Passages), Section 5.7 (Parkfront Zone), Section 6.6 (Environmental Comfort), Section 7.1 (Interpretative Signage, Regionally Appropriate Vegetation), Section 7.4 9 (Signage), and Section 7.5 (Lighting). Other than amendments to sections of the Design Controls identified in this subsection (c) as being within the exclusive jurisdiction of the Port Commission as specified above, the Port Commission and the Planning Commission may amend the Design Controls upon initiation by either body or upon application by an Applicant, to the extent that such amendment is consistent with this Section, the General Plan, and the DA. Both the Port Commission and Planning Commission must approve any amendment to the Design Controls that does not exclusively affect the open space and right-of-way Chapters under the exclusive jurisdiction of the Port Commission. In the event of any conflict between the SUD and the Design Controls, the SUD shall prevail.

   (d)   Relationship to Other Planning Code Provisions. The provisions of this SUD and the Design Controls shall supersede the Planning Code in its entirety, with the result that the Planning Code shall not apply in the SUD, except with respect to (1) Planning Code definitions as specified in subsection (e) below; (2) Planning Code sections adopted or amended in connection with this Special Use District as follows: Section 105 (Zoning Maps), Section 201 (Mission Rock Mixed Use District), Section 249.80 (Mission Rock Special Use District), Section 291 (Mission Rock Height and Bulk District), and Section 901 (Applicability of Article 9 Provisions and Other Provisions of the Planning Code); (3) Planning Code sections adopted by ballot proposition prior to the effective date of the ordinance (in Board of Supervisors File No. 170940) adopting this SUD as follows, and only to the extent that such provisions are applicable under the ballot proposition to development within the SUD: sections of the Planning Code adopted or amended by Proposition M (November, 1986) (Sections 101.1, 164, and 320-325); Proposition K (June, 1984) (Section 295); and Proposition G (March, 2002) (Sections 602.7 (recodified at 602) and 611) and (4) any other section of the Planning Code referenced herein (but only to the extent and for the purposes stated herein). Sections of the Planning Code adopted by ballot proposition that are limited geographically and do not apply to the SUD are Proposition G (Small Business Protection Act) (November, 2006) (Section 303.1); and Proposition X (Limitation on Conversion of Production, Distribution, and Repair Use, Institutional Community Use, and Arts Activities Use) (November, 2016) (Section 202.8). In the event of a conflict between any provisions of the Planning Code that are incorporated herein by reference pursuant to subsection (d)(4) above and the Design Controls or this Section 249.80, this Section 249.80 and the Design Controls shall control. Later amendments to the code sections referenced in this subsection as applicable in the SUD shall apply where not conflict with this SUD, the DC or the DA.

   (e)   Definitions. If not explicitly superseded by definitions established in this SUD or in the DC, the definitions in this Code shall apply. In addition to the specific definitions set forth elsewhere in this Section 249.80, the following definitions shall govern interpretation of this Section:

      “Active Uses” means Active Uses as defined and described in Chapter 1 of the Design Controls.

      “Applicant” means the ground lessee, owner, or authorized agent of the owner or ground lessee of a development parcel on the Project Site.

      “Block” is a development Block as depicted on Figure 249.80-MR1.

      “Building Standards” means the standards applicable to Buildings and any associated privately-owned open spaces within the Project Site as specified in subsection (g).

      “Commercial Uses” means all Institutional Uses and Non-Retail Sales and Services, but excluding Hospital, Commercial Storage, Wholesale Sales, and Wholesale Storage.

      “DDA” means the Disposition and Development Agreement by and between the Port and Developer regarding development of Vertical Improvements and Horizontal Improvements on the Project Site.

      “Executive Director” means the Executive Director of the Port of San Francisco.

      “Horizontal Improvement” means public capital facilities and infrastructure built or installed at the Project Site. Horizontal Improvement1 include Shoreline Improvements, Public Space, Public ROWs, and Utility Infrastructure, and exclude Site Preparation and Vertical Improvements, all as such terms are more particularly defined in the DDA.

      “Major Modification” means a deviation of 10% or more from any dimensional or numerical Standard in the Design Controls or Building Standard in the SUD, except as limited by subsection (j)(1) below; provided, however, that any such deviation from a Standard in Chapter 5 of the Design Controls shall be deemed a minor modification. Major Modification also means a change to a standard that is non-numeric but is absolute, such as locations of curb cuts.

      “Minor Modification” means a deviation of (1) less than 10% from any dimensional or numerical Standard in the Design Controls or Building Standard in the SUD, except as limited by subsection (j)(1) below; or (2) from any non-numerical (other than non-numeric, absolute) or qualitative Standard in the Design Controls.

      “Other Uses” means Community Recycling Collection Center, Open Recreation Area, Passive Outdoor Recreation, Public Transportation Facility, Utility Installation, and Wireless Telecommunications Facility.

      “Parking Garage” means either a Private Parking Garage or Public Parking Garage as further described in subsection 249.80(g)(7) and the Design Controls.

      “Phase” means a phase of development as defined in the DDA.

      “Production Uses” means all Agricultural and Industrial Uses, but excluding Large Scale Urban Agriculture; Automobile Wrecking; Food, Fiber and Beverage Processing 2; Hazardous Waste Facility; Junk Yard; Power Plant; Shipyard; Storage Yard; Storage, Volatile Materials; Truck Terminal; and all Non-Retail Automotive Uses.

      “Project Site” means the Project Site for the Mission Rock development, as more particularly described in the DDA.

      “Proposition D” means the Mission Rock Affordable Housing, Parks, Jobs and Historic Preservation Initiative, which San Francisco voters approved on November 3, 2015.

      “Residential Uses” means Residential Uses as defined in Section 102, including Single Room Occupancy and Student Housing and excluding any residential component of an Institutional Use.

      “Retail Uses” means all Retail Sales and Services, and Retail Entertainment, and Arts and Recreation Uses; but excluding Adult Business, Motel, Fringe Financial Services, Self-Storage, Livery Stable, and Sports Stadium. Retail Automotive Uses are not permitted.

      “Standard” means the category of design control described in the Chapter Summary to the Design Controls.

      “Vertical DDA” means a Vertical Disposition and Development Agreement between the Port and an Applicant that sets forth contractual terms and conditions governing the Applicant’s development of Vertical Improvements at the Project Site.

      “Vertical Improvements” means new construction of a Building or the rehabilitation of Pier 48 at the Project Site, and any later expansion or major alteration of or addition to a previously approved Building at the Project Site.

   (f)   Uses.

      (1)   Mission Rock Mixed Use District Zoning Designation. The Mission Rock Mixed Use District (MR-MU) is the zoning designation for the Mission Rock site and is co-terminus with the boundaries of the Mission Rock Special Use District. This Special Use District Section 249.80 and other Sections referenced herein establish all zoning controls for the MR-MU district.

      (2)   Permitted Uses. Uses principally permitted within the SUD are set forth in Table 249.80-MR1. Figure 249.80-MR1 and Table 249.80-MR1 identify each development block and a primary land use designation for that development block. Additional requirements that apply to certain primary land use designations in a block, and the clarification of permitted uses on publicly-accessible open spaces described in the Design Controls are set forth in subsections (f)(2)(A) through (D) below. Permitted uses at the ground floor are set forth in subsection (f)(3) below. All uses are allowed in this SUD unless otherwise explicitly prohibited as identified in this subsection (f). The intent of this subsection is that the Planning Director, or the Executive Director in the case of temporary and interim uses, interpret permitted uses broadly to allow for uses that may not currently exist or be identified in this subsection (f) but that are consistent with the classes of expressly identified permitted uses. The major categories of permitted uses in the SUD as set forth in Table 249.80-MR1 are: Residential, Production (which includes Industrial and Agricultural uses), Commercial, Retail, Parking Garage and Other Uses.

         (A)   On Blocks primarily designated as Residential Mixed Use, at least 60% of the gross square footage of the Buildings above the ground floor in each Block shall consist of Residential Uses. The minimum 60% requirement shall be considered cumulatively on each subject Block, starting with the first Vertical Improvement on the Block. No Vertical Improvement or change of use may be approved if it causes the gross square footage on the Block as a whole, considering all existing and approved uses on the Block, to fall below 60% Residential Uses.

         (B)   On Blocks primarily designated as Commercial Mixed Use, at least 60% of the gross square footage of the Buildings above the ground floor in each Block shall consist of Non-Residential Uses. The minimum 60% requirement shall be considered cumulatively on each subject Block, starting with the first Vertical Improvement on the Block. No Vertical Improvement or change of use may be approved if it causes the gross square footage on the Block as a whole, considering all existing and approved uses on the Block, to fall below 60% Non-Residential Uses.

         (C)   Hotel Uses are considered Commercial Uses in this SUD and in the DC except where otherwise specified therein, and in the DA for fee calculation purposes. The Design Controls contain a more detailed description of design and other controls that govern Hotel Uses.

         (D)   The principally permitted use on publicly accessible open spaces as described in the Design Controls is Open Space/public access, subject to continuing maritime use on the south side of the apron and consistency of public access therewith, all as set forth in the DA and the Design Controls.

Table 249.80-MR1 Land Uses(1)

P=Permitted.

Mission Rock Parcels (as shown in Figure 249.80-MR1)	Residential Uses	Production Uses(2)	Commercial Uses	Retail Uses	Parking Garage(3)	Other Uses
A (Residential Mixed Use) (4)	P	P	P	P	NP	P
B (Commercial Mixed Use) (5)	P	P	P	P	NP	P
C (Commercial Mixed Use) (5)	P	P	P	P	NP	P
D1 (Residential Mixed Use) (4)	P	P	P	P	NP	P
D2	NP	NP	NP	NP	P	NP
E (Commercial Mixed Use) (5)	P	P	P	P	NP	P
F (Residential Mixed Use) (4)	P	P	P	P	NP	P
G (Commercial Mixed Use) (5)	P	P	P	P	NP	P
H (Flex Commercial or Residential Mixed Use) (6)	P	P	P	P	NP	P
I (Flex Commercial or Residential Mixed Use) (6)	P	P	P	P	NP	P
J (Flex Commercial or Residential Mixed Use) (6)	P	P	P	P	NP	P
K (Residential Mixed Use) (4)	P	P	P	P	NP	P
Pier 48 (7)	NP	P	NP	NP	NP	P

NP=Not Permitted.

Notes:

(1)   See Table 249.80-MR2 and Figure 249.80-MR2 for Ground Floor Controls. This Table 249.80-MR1 applies to uses above the ground floor.

(2)   The following uses are permitted in areas designated for Production Uses only as accessory to Production Uses in accordance with subsection 249.80(f)(7): Heavy Manufacturing 1 (woodworking mill only), Heavy Manufacturing 2 (rendering or reduction of fat, bones, or other animal material only), Heavy Manufacturing 3 (candles (from tallow), dye, enamel, lacquer, perfume, printing ink, refuse mash, refuse grain, or soap only), Wholesale Sales, and Wholesale Storage.

(3)   See Section 249.80(g)(7) for Building Standards that apply to off-street parking. Automotive Repair and Automotive Wash are permitted as accessory to all Parking Garages.

(4)   See Section 249.80(f)(2)(A) for additional requirements that apply on Residential Mixed Use Blocks. See Section 249.80(f)(2)(C) for additional requirements that apply to Hotels.

(5)   See Section 249.80(f)(2)(B) for additional requirements that apply to Commercial Mixed Use Blocks.

(6)   A Flex Block can be developed as either a Commercial Mixed Use or Residential Mixed Use Block.

(7)   District-Serving Utility Installation as defined in the Design Controls is the only Other Use permitted; in addition, Active Uses are permitted.

 

Figure 249.80-MR1 Land Use Designation by Block

      (3)   Ground Floor Frontage Zones. Ground Floor Frontage Zones are required as indicated in Table 249.80-MR2 and Figure 249.80-MR2 below and include permitted land uses and minimum frontage depths.

Table 249.80-MR2 - Ground Floor Frontage Zone Controls(1), (2)

 

Ground Floor Frontage Zone	Allowed Ground Floor Uses	Minimum Frontage Depth
High Retail Zone	Retail Use	40 feet
Parkfront Zone	Retail Use	40 feet
Working Waterfront Zone	Production Use, Retail Use	40 feet
Neighborhood Street Zone: Residential	Residential Use	20 feet
Neighborhood Street Zone: Non-Residential	Retail Use, Production Use, other uses that qualify as Active Uses Parking (only on Parcel D2 and as otherwise allowed in DA/DDA). Active Uses not required on the parking garage frontages.	20 feet

 

Notes:

(1)   See Design Controls Table 5.5 for more detailed controls that govern these zones.

(2)   A Child Care Facility is a permitted use in all ground floor frontage zones.

 

Figure 249.80-MR2 Frontage Zones

      (4)   Temporary Uses. The Executive Director may approve without a public hearing any of the following uses (“Temporary Uses”) for a period not to exceed 90 days, or for such longer period of time as may be approved by the Executive Director under any Port lease or license: booths for charitable, patriotic or welfare purposes; markets; exhibitions, festivals, circuses, musical and theatrical performances and other forms of live entertainment including setup/load-in and demobilization/load-out; athletic events; open-air sales of agriculturally-produced seasonal decorations such as Christmas trees and Halloween pumpkins; meetings rooms and event staging; mobile food and temporary retail establishments; and automobile and truck parking and loading associated with any authorized temporary use. The Executive Director may authorize recurring Temporary Uses (such as a weekly farmers market or concert series) under a single authorization.

      (5)   Interim Uses. The Executive Director may approve any interim use listed in this section without a public hearing for a period not to exceed five years if the Executive Director finds that such use will not impede orderly development consistent with this Section 249.80, the Design Controls, and the DA. Interim uses under this subsection (f)(5) are limited to uses at Pier 48 and the existing unimproved areas, open space and surface parking lots in the SUD area. Any interim use listed in this section that is integral to development under the DA, DDA or Vertical DDA and permitted by the Port under any Port lease or license shall not require separate authorization as an interim or temporary use (for example, uses incidental to environmental clean-up, demolition and construction, storage, and automobile and truck parking and loading related to construction activities). Any authorization granted pursuant to this subsection (f)(5) shall not exempt the Applicant from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application. Interim uses that the Executive Director may authorize include, but are not limited to the following or similar activities:

         (A)   Retail activities, which may include the on-site assembly, production or sale of food, beverages and goods, the operation of restaurants or other retail food service in temporary structures, outdoor seating, food trucks, and food carts;

         (B)   Temporary art installations, exhibits, and sales;

         (C)   Recreational facilities and uses (such as play and climbing structures and outdoor fitness classes);

         (D)   Motor vehicle and bicycle parking;

         (E)   On-site assembly and production of goods in enclosed or unenclosed temporary structures;

         (F)   Educational activities, including but not limited to after-school day camp and associated activities;

         (G)   Site management service, administrative functions and customer amenities and associated loading;

         (H)   Rental or sales offices incidental to new development; and,

         (I)   Entertainment uses, both unenclosed and enclosed, which may include temporary structures to accommodate stages, seating and support facilities for patrons and operations.

      (6)   Nonconforming Uses. The Executive Director may allow the reasonable continuance, modification, or expansion of existing uses and structures that do not comply with this Section or the Design Controls under the terms and conditions set forth in the DDA.

      (7)   Accessory Uses. Accessory uses are governed by the provisions of Planning Code Section 204 that apply to C Districts, with the following modifications:

         (A)   Table 249.80-MR1 identifies certain Production Uses and two non-Retail Sales and Service Uses (Wholesale Sales and Storage, Wholesale) that are permitted in the SUD only as accessory to another principally permitted Production Use. Such accessory uses must be related to the underlying principal Production Use and are limited to up to 33% of the total floor area occupied by such principal Production Use.

         (B)   In parking garages, car washing and minor automotive maintenance and repair activities shall be permitted as accessory uses.

   (g)   Building Standards.

      (1)   Density of Dwelling Units. There shall be no dwelling unit density limit within the SUD.

      (2)   Floor Area Ratio. There shall be no floor area ratio limit within the SUD.

      (3)   Lot Coverage and Rear Yard. There shall be no lot coverage or rear yard requirements in the SUD.

      (4)   Usable Open Space Requirements for Dwelling Units. In addition to any publicly-accessible open spaces described in the Design Controls, a minimum of 36 square feet of open space if private, or 48 square feet of open space if common, shall be provided for each dwelling unit. Such open space may be on the ground and on decks, balconies, porches or other facilities and shall be provided on the same development block as the unit to be served. The standards for open spaces shall be governed by the Design Controls.

      (5)   Dwelling Unit Exposure. All dwelling units shall face onto a public or private right-of-way, or onto an open area, defined as:

         (A)   A public street, publicly accessible alley, or mid-block passage (public or private) at least 20 feet in width.

         (B)   An exterior courtyard or terrace that is open to a public street, public alley, mid-block passage (public or private), or public open space and at least 25 feet in width.

         (C)   An interior courtyard at least 25 feet in width, with adjacent walls up to a maximum height of 55 feet, or 40 feet in width with adjacent walls 55 feet or higher.

         (D)   Undeveloped airspace over rooftops of either adjacent Buildings within the SUD or a Building on the same parcel where such Building has been built to the maximum height allowed pursuant to Section 291.

      (6)   Building Height and Bulk. Building height and bulk limits and controls within the SUD shall be as set forth in Planning Code Section 291 .

      (7)   Off-Street Parking. Off-street automobile parking shall not be required for any use in this SUD. At Project buildout, total parking spaces in the SUD shall not exceed 3,100. Up to 3,000 parking spaces are permitted in the Parcel D2 parking garage or a combination of Parcel D2 parking garage and a below grade parking garage beneath Mission Rock Square. A maximum of 100 additional spaces in aggregate are permitted in other Vertical Improvements in the SUD. There shall be a minimum of 31 car share spaces at buildout of the SUD, located in any combination of the parking garage on Parcel D2, underground parking garage beneath Mission Rock Square and other Vertical Improvements in the SUD area. Phasing and amounts of parking for each Vertical Improvement shall be governed by the DDA.

      (8)   Off-Street Loading. Off-street loading spaces are not required in the SUD, and loading shall be governed by Design Controls Chapters 4 and 5.

      (9)   Bicycle Parking; Showers and Lockers. Bicycle parking, and the provision of showers and lockers shall be governed by Planning Code Sections 155.1-155.4 provided, however, that:

         (A)   the number of Class I bicycle parking spaces shall be provided at the higher of the ratios set forth in Planning Code Section 155.2 or the following: Residential: one space per dwelling unit; Commercial and Production Uses: one space per 2,500 square feet of Commercial or Production Use; and Retail: one space per 3,750 square feet of Retail Use;

         (B)   Class II bicycle parking spaces shall not be required pursuant to Section 155.2 but shall be provided at the ratios and based on the criteria and locations set forth in the Transportation Demand Management requirements in the DDA on a Phase basis pursuant to the DDA in connection with Horizontal Improvements; and,

         (C)   in lieu of the Zoning Administrator waiver process, the Minor Modification and Major Modification process in subsection (m) below shall apply.

      (10)   Signage. Signage in the publicly accessible open spaces described in subsection (f)(2) and along public realm streets and rights-of-way identified in the Design Controls Chapters 2 through 4, shall be subject to public realm signage standards and guidelines to be established as part of the first Phase submittal, as set forth in the DA and DDA. Signage for Buildings, including parking garages, in the SUD shall be governed by the provisions of Planning Code Article 6 that apply in the C-3 District. In lieu of the permit process described in Planning Code Section 604, all signage in the SUD shall be reviewed and approved by the Port in accordance with the DA and DDA.

      (11)   Transportation Demand Management. Transportation Demand Management requirements shall be governed by the DA and DDA.

   (h)   Zoning Procedures.

      (1)   Institutional Master Plans. Each Post-Secondary Educational Institutional use, including Group Housing affiliated with and operated by any such institution, shall comply with the applicable provisions of Planning Code Section 304.5, following the requirements and procedures for such uses in C-3 Districts.

      (2)   Removal of Dwelling Units. The removal of Dwelling Units in the SUD shall be governed by Planning Code Section 317, in accordance with the procedures of Section 303 of this Code.

      (3)   Health Care Services Master Plan. Any change of use to a Medical Use that would occupy 10,000 gross sf of floor area, or any expansion of an existing Medical Use that would add at least 5,000 gross square feet of floor area, is subject to Planning Code Section 342.

      (4)   Places of Entertainment. Planning Code Section 314 (Places of Entertainment) shall not apply in the SUD. In lieu of this requirement, through the DDA the Port will address disclosures to residents regarding the proximity of Places of Entertainment to the Residential Uses.

      (5)   Good Neighbor Policies. Planning Code Section 803.5 (Good Neighbor Policies) shall not apply in the SUD. The Port will enforce substantially similar policies through the DDA and Vertical DDA.

      (6)   Retail Leasing Program. Planning Code Section 303.1 (Formula Retail) shall not apply in the SUD. In lieu of this requirement, through the DDA the Port will require a Merchandising Program as part of each Phase submittal. Each Vertical Improvement will be required to be consistent with the Merchandising Program, which will include standards and guidelines that, among other things, provide for a range of retail types and an appropriate mix of local, regional and national retail tenants.

   (i)   Processing and Impact Fees. Processing and impact fees, including inclusionary housing requirements, for development in the SUD are governed by the DDA and DA.

   (j)   Modification to Building Standards. Modification of the Building Standards may be approved as authorized by this subsection (j) on a project-by-project basis according to the procedures of subsection (m).

      (1)   No Modifications Permitted. Major and Minor Modifications under subsection (m) are not permitted for:

         (A)   maximum height and bulk established in Section 291;

         (B)   maximum off-street parking amounts established in subsection (g);

         (C)   minimum Class 1 bicycle parking quantities established in subsection (g); or,

         (D)   land use requirements established in subsection (f).

         Modifications to other Building Standards and provisions of this SUD are governed by subsection (m).

      (2)   Minor Modifications. The Planning Director may approve a Minor Modification administratively according to the procedures described in subsection (m).

      (3)   Major Modifications. The Planning Commission shall hear any application for a Major Modification according to the procedures described in subsection (m).

   (k)   Review and Approval of Development Phases. The Port must approve a Phase application in accordance with the DDA for the Phase that includes the applicable Vertical Improvements before Planning may approve an application for design review under this Section 249.80. In addition to any hearings required under the DDA, prior to Port Commission approval and during the applicable Phase Submittal review period, the Developer shall make an informational presentation of each Phase Submittal to the Planning Commission and only as to the Phase Submittal that includes Pier 48, also to the Historic Preservation Commission, and seek comment from these Commissions.

   (l)   Review and Approval of Open Space. The Port has exclusive jurisdiction over the review of proposed publicly-owned open space and right-of-way (including streetscape) within the SUD. The Port’s exclusive jurisdiction review authority includes determinations of consistency with the Design Controls, including program, design, and the inclusion of any associated or ancillary structures. Any privately-owned, publicly-accessible open space on any of the development parcels shall be reviewed and approved by Planning as part of the associated Vertical Improvement.

   (m)   Design Review and Approval of Vertical Improvements.

      (1)   Applications. Applications for design review are required for all Vertical Improvements prior to issuance of site or building permits. An Applicant shall file for design review at the Port for the property for which the design review is sought, with a copy delivered simultaneously to the Planning Department. Each application shall include the documents and materials necessary to determine consistency with this Section and the Design Controls, including site plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed Buildings. If an Applicant requests a Major or Minor Modification, the application shall contain descriptive material such as narrative or supporting imagery, if appropriate, that describes how the proposed Vertical Improvement meets the intent of the SUD and Design Controls and provides architectural treatment and public benefit that are equivalent or superior to strict compliance with the Standards or Building Standards.

      (2)   Completeness. Port and Planning staff shall review the application for completeness and jointly advise the Applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this Section. Completeness review by Port staff will also include a review for compliance with the requirements of the applicable Vertical DDA (or, if the Vertical DDA has not been executed at the time of application submittal, for compliance with the requirements of the form of Vertical DDA approved by the Board of Supervisors and the information provided in Developer’s applicable Appraisal Notice submitted under the DDA).

      (3)   Staff Design Review for Buildings. Each application for Vertical Improvements shall be subject to the administrative design review process set forth in this subsection (m)(3). Upon a determination of completeness (or deemed completeness), staff shall conduct design review and prepare a joint staff report determining compliance of the Vertical Improvement with this Section 249.80 and the Design Controls, including a recommendation regarding any modifications sought. Such staff report shall be delivered to the Applicant and any third parties requesting notice in writing, shall be kept on file, and posted on the Department’s website for public review, within 60 days after the determination of completeness (or deemed completeness). If staff determines that the Vertical Improvement is not compliant with the Design Controls and this Section 249.80, it will notify the Applicant within the applicable 60-day period, in which case the Applicant may resubmit the application and the requirements under this subsection (m)(3) shall apply anew, except that the time for staff review shall be 30 days.

      (4)   Port Review for Pier 48. Port staff shall review the schematic design for Pier 48 in accordance with the timeframes and procedures set forth in this subsection (m) above or as otherwise set forth in the DDA, except that the Port will not refer the application to the Planning Department. The application will be processed by Port staff, and actions designated for the Planning Director in subsection (m) will be undertaken by the Port Director. Port staff review shall include a determination of consistency with the Design Controls and applicable mitigation measures, including compliance with Secretary of the Interior’s Standards for the Treatment of Historic Properties.

      (5)   Approvals and Public Hearings for New Development.

         (A)   New Construction. Within 20 days after the delivery and posting of the staff report in accordance with subsection (m)(3), the Planning Director shall approve or disapprove the Vertical Improvement design and any Minor Modifications based on its compliance with this Section 249.80 and the Design Controls and the findings and recommendations of the staff report. If the Vertical Improvement is consistent with the numeric Building Standards set forth in this Section 249.80 and the Standards in Design Controls, then the Planning Director’s discretion to approve or disapprove the Vertical Improvement shall be limited to the Vertical Improvement’s consistency with the non-numeric elements of the Design Controls or the General Plan. Notwithstanding any other provisions of this Section 249.80, the Planning Director may refer an application that proposes modification to the non-numeric elements of the Design Controls to the Planning Commission, even if not otherwise classified as a Major Modification, if the Planning Director determines that the proposed modification does not meet the intent of the Standards in the Design Controls.

         (B)   Vertical Improvements Seeking Major Modifications. This subsection applies to Vertical Improvements seeking one or more Major Modifications and any Vertical Improvements seeking Minor Modifications that the Planning Director, in his or her sole discretion, refers as a Major Modification. Upon delivery and posting of the staff report under subsection (m)(3), the Planning Commission shall calendar the item for a public hearing within 20 days or at the next regularly scheduled Planning Commission meeting thereafter (or a special meeting, at the Planning Commission’s discretion), subject to any required noticing. The Planning Commission shall consider all comments from the public, the recommendations of the consolidated Port/Planning staff report, and the recommendations of the Planning Director in making a decision to approve or disapprove the Vertical Improvement design, including the granting of any Major or Minor Modifications.

         (C)   Notice of Hearings. Notice of hearings required by subsection (m)(5)(B) above shall be provided as follows:

            (i)   by mail not less than 20 days prior to the date of the hearing to the Vertical Improvement Applicant, to property owners within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and

            (ii)   by posting on the subject property at least 10 days prior to the date of the hearing.

   (n)   Building Permit Approval. The Chief Harbor Engineer shall review each site/building permit application for consistency with the authorizations granted pursuant to this Section. The Chief Harbor Engineer shall not issue any site/building permit for work within the SUD that is inconsistent with such authorization.

   (o)   Change of Use. Before issuing any building permit or other permit or license, or for a permit of Occupancy that would authorize a new use, a change of use or maintenance of an existing use of any land, Building or Structure, the Chief Harbor Engineer shall refer the matter to the Planning Department for a consistency determination within 15 days of referral. If the determination is not provided within 15 days, then the submittal shall be deemed consistent.

   (p)   Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for any Buildings or Structures in the SUD.

(Added by Ord. 31-18, File No. 170940, App. 3/6/2018, Eff. 4/6/2018; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

AMENDMENT HISTORY

Divisions (d), (e), (f)(5), and (j)(1)(D) amended; Ord. 63-20, Eff. 5/25/2020.

CODIFICATION NOTE

1.   So in Ord. 31-18.