Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) On March 21, 1996, the San Francisco Bay Conservation and Development Commission approved Resolution 96-02, adopting Bay Plan Amendment No. 3-95, modifying the San Francisco Waterfront Special Area Plan to permit certain uses on new or replacement fill at Pier 52 in San Francisco, by making the following changes to the Special Area Plan:
(1) Add "commercial recreation" to the uses allowed at Pier 52 on new or replacement fill in the Geographic-Specific Policies and Recommendations section and add a plan note to Special Area Plan Maps 4 and 5 adding "commercial recreation" to the list of uses now authorized at Pier 52 on new or replacement fill.
(2) Make minor corrective changes to Special Area Plan Maps 4 and 5 by adding the pier numbers to Piers 52 and 54 and changing the name of the street in front of Pier 52 from "China Basin Street" to "Terry A. Francois Boulevard."
(b) On July 20, 2000, the San Francisco Bay Conservation and Development Commission approved Resolution No. 00-06, adopting Bay Plan Amendment No. 7-99, modifying the San Francisco Waterfront Special Area Plan as follows:
(1) Delete the "Introduction" to the Special Area Plan and provide a new, more current introduction.
(2) Re-define the boundaries of the Geographic Vicinities that define the locations where fill removal can offset fill placement for projects approved pursuant to the Replacement Fill policies in Part IV of the San Francisco Bay Plan.
(3) Delete the recommendations in all sections of the Special Area Plan.
(4) Add a policy to the Fisherman's Wharf Geographic Specific Policies calling for a community planning process to reevaluate the Special Area Plan policies governing the area between the Hyde Street Pier and East Wharf Park in San Francisco.
(5) Delete the partial quotations from the McAteer-Petris Act and San Francisco Bay Plan in the Special Area Plan.
(6) Modify Special Area Plan Maps 1 through 9 to reflect the above changes, and to incorporate past Special Area Plan amendments adopted by the Commission, but not reflected in the maps.
(7) Add "Appendix I" to the plan providing a brief history of the development of the Special Area Plan and amendments to it.
(8) Make necessary changes to the existing Special Area Plan General Policies to indicate when these do not apply within the area between Pier 35 and China Basin in San Francisco.
(9) Replace the Geographic Specific policies that apply to the Northeastern Waterfront (the area between Pier 35 and China Basin) with new Geographic Specific policies that apply to the Northeastern Waterfront as follows:
a. Permit uses consistent with the Public Trust Doctrine and the Port of San Francisco's legislative trust grant on repaired or wholly reconstructed piers not identified for removal in the area between Pier 35 and China Basin in San Francisco.
b. Require the provision of substantial public benefits, including the removal of Piers 24, 34 and 36, the Pier 15-17 "valley" and non-historic shed additions, and the partial removal of Piers 1/2, 2, and the shed at Pier 23; and the planning, design and construction of two major plazas: the Northeast Wharf Plaza and the Brannan Street Wharf Plaza.
c. Specify four Open Water Basins and other Open Water Areas, and permit a limited range of uses and types of fill within Open Water Basins and Open Water Areas.
d. Better define maximum feasible public access for major pier redevelopment projects and for small projects in the area between Pier 35 and China Basin in San Francisco.
e. Add policy sections addressing historic preservation, waterfront design, views and transportation and parking for the area between Pier 35 and China Basin in San Francisco.
f. Add Implementation Requirements to the Special Area Plan for the public benefits described in (2) above.
(10) Rescind the San Francisco Waterfront Total Design Plan Piers 7 through 24.
(c) On December 3, 2009, the San Francisco Bay Conservation and Development Commission approved Resolution No. 09-01, adopting Bay Plan Amendment No. 1-09, amending the San Francisco Waterfront Special Area Plan, to amend the Open Water Areas Policies and the Plan Implementation Requirements of the Special Area Plan to allow a project that proposes to retain a portion of the valley and non-historic shed additions (fill) between Pier 15 and Pier 17 and to define the requirements of an alternative fill removal program. The amendment includes a revision to San Francisco Waterfront Special Area Plan Figure 2 Open Water Basins, Open Water Areas and Public Plazas, and Special Area Plan Map 2.
(d) On March 1, 2012, the San Francisco Bay Conservation and Development Commission (BCDC) approved Resolution 12-01, adopting Bay Plan Amendment 03-11, amending the San Francisco Waterfront Special Area Plan, to amend the Findings, the Open Water Basin and Public Plaza Policies and the Plan Implementation Requirements to allow the relocation of San Francisco's primary cruise ship terminal to Pier 27, the elimination of the Open Water Basin between Piers 19 and 27 to accommodate the cruise ship terminal, the possible retention of the Pier 23 shed and to require alternative public benefits be provided by making the following changes to the Special Area Plan:
(1) Require a public process to develop an open water basin and public plaza in the Fisherman's Wharf geographic area;
(2) Add findings that explain the policy and implementation requirement changes;
(3) Modify the Open Water Basin Policies to:
(a) delete the open water basin between Piers 19 and 27;
(b) require a planning process to identify a new open water basin within the Northeastern Waterfront (Pier 35 to China Basin); and
(c) provisionally delete the requirement to remove a portion of the Pier 23 shed, conditioned on the approval by BCDC of a new, substitute open water basin within the Northeastern Waterfront;
(4) Modify the Public Plaza policies for Northeast Wharf Plaza to:
(a) revise the view requirements affecting Piers 23 and 27 and the Northeast Wharf Plaza;
(b) modify the Pier 27 shed removal requirements; and
(c) delete the allowance for commercial active recreation use of Northeast Wharf Plaza and the requirement for waterside and small craft access in the plaza;
(5) Modify the Plan Implementation Requirements to:
(a) identify completed requirements;
(b) identify new public benefits and phasing;
(c) accelerate the completion of the Northeast Wharf Waterfront Plaza;
(d) identify the phasing and parameters for creating a replacement open water basin within Northeast Wharf (Pier 35 to China. Basin); and
(e) require a public process to identify strategies for addressing historic resources along the San Francisco Waterfront that have been closed to occupancy and use for public safety reasons; and
(6) Make necessary changes to Figure 2, Figure 3, Plan Map 1 and Plan Map 2.
(e) On April 5, 2012, the San Francisco Bay Conservation and Development Commission approved Resolution 12-05, adopting Bay Plan Amendment 04-11, amending the San Francisco Waterfront Special Area Plan, by changing the Permitted Uses, Findings, Open Water Basin and Open Water Areas Policies, and the Implementation Requirements to: add the temporary use of the open water basins at Brannan Street Wharf, Rincon Point, Broadway and Northeast Wharf for the berthing of vessels associated with the 2012 and 2013 America's Cup events; add a finding describing the parameters for the temporary use of open water basins; add a policy that requires the temporary fill be removed by March 2014; and require that the following alternative public benefits be provided by making the following changes to the Special Area Plan:
(1) Require the removal of Pier 1/2 by March 2013 to improve Bay ecology, Bay views and public access;
(2) Require the removal of the Pier 2 shed by March 2015 to improve Bay views and public access;
(3) Require the improvement of the Pier 52 water-oriented recreation site to make it accessible and safe for all users by March 2013 to be available during the 2013 America's Cup events and permanently thereafter to improve access on the Bay and Bay recreation opportunities;
(4) Require the removal of Pier 64 to improve Bay ecology and Bay views; and
(5) Make necessary changes to Figure 5.
1. New chapter 21 (section 11960) and section filed 7-30-96; operative 7-30-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 31).
2. Amendment filed 10-30-2000; operative 11-29-2000 pursuant to Government Code section 11354.1 (Register 2000, No. 44).
3. New subsection (c) summarizing regulatory provisions adopted by Bay Plan Amendment No. 1-09 filed 2-3-2010; regulatory provisions are approved by OAL and operative 2-3-2010 pursuant to Government Code section 11354.1 (Register 2010, No. 6).
4. New subsections (d)-(d)(6) summarizing regulatory provisions adopted by Bay Plan Amendment No. 03-11 filed 3-26-2012; regulatory provisions approved by OAL and operative 3-26-2012 pursuant to Government Code section 11354.1 (Register 2012, No. 13).
5. New subsections (e)-(e)(5) filed 5-30-2012; operative 5-30-2012 pursuant to Government Code section 11354.1 (Register 2012, No. 22).
6. Change without regulatory effect amending section heading and NOTE filed 12-31-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days pursuant to Executive Order N-40-20.)
Note: Authority cited: Sections 66632(f), 66651 and 66652, Government Code. Reference: Sections 66601, 66602, 66651 and 66652, Government Code.
