In addition to the curb cut restrictions associated with Section 139-41, no curb cut shall be permitted within 40 feet of a waterfront public access area.

Curb cuts prohibited by this Section may be authorized by the City Planning Commission provided the Commission finds that a curb cut at such a location:

1. is not hazardous to traffic safety;
2. will not create or contribute to serious traffic congestion, or unduly inhibit vehicular movement;
3. will not adversely affect pedestrian movement;
4. will not interfere with the efficient functioning of bus lanes, specially designated streets or public transit facilities; and
5. will not be inconsistent with the character of the existing streetscape.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.