Amended in Assembly April 24, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1273


Introduced by Assembly Member Ting

February 22, 2013


An act to amend Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, and 14 of Chapter 489 of the Statutes of 2001, relating to tidelands and submerged lands.

LEGISLATIVE COUNSEL’S DIGEST

AB 1273, as amended, Ting. Tidelands and submerged lands: City and County of San Francisco: Pier 30-32: multipurpose venue.

(1) Under existing law (the Burton Act), the state granted certain lands to the City and County of San Francisco in trust for purposes of commerce, navigation, and fisheries, and subject to specified terms and conditions relating to the operation of the Port of San Francisco. Existing law (the McAteer-Petris Act) establishes the San Francisco Bay Conservation and Development Commission and requires the commission to regulate fill and development within a specified area in San Francisco Bay. Existing law declares specified lands along the San Francisco waterfront to be free from the public trust for commerce, navigation, and fisheries, as provided, and authorizes the San Francisco Port Commission to approve a cruise ship terminal development, other maritime facilities, and commercial and office space on a specified area of the San Francisco waterfront. Existing law authorizes the State Lands Commission to convey to the City and County of San Francisco all of the rights, title, and interest held by the state in trust to specified lands along the waterfront, but prescribes terms and conditions for the use of those lands in connection with the cruise ship terminal development, as provided.

This bill would revise the above-described authorization for the conveyance of lands for use for a cruise ship terminal development to instead authorize the San Francisco Port Commission to approve abegin insert mixed-useend insert development on the San Francisco waterfront at Pier 30-32, which would include a multipurpose venue, if specified conditions are met. The bill would authorize the State Lands Commission to convey to the City and County of San Francisco all of the rights, title, and interest held by the state in trust to specified lands along the waterfront, but would prescribe terms and conditions for the use of those lands in connection with a multipurpose venue, as described. The bill would make conforming changes with regard to the revised authorization.

(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco with respect to the development of Pier 30-32.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Pier 30-32 Revitalization Act.

3

SEC. 2.  

Section 1 of Chapter 489 of the Statutes of 2001, as
4amended by Section 1 of Chapter 68 of the Statutes of 2003, is
5amended to read:

6

Sec. 1.  

For purposes of this chapter, the following terms have
7the following meanings:

8(a) “AB 418” means Chapter 477 of the Statutes of 2011.

9(b) “America’s Cup” means the 34th America’s Cup.

10(c) “BCDC” means the San Francisco Bay Conservation and
11Development Commission established pursuant to Section 66620
12of the Government Code.

13(d) “Bay jurisdiction” means the jurisdiction, powers, and duties
14of BCDC pursuant to Title 7.2 (commencing with Section 66600)
15of the Government Code within the area defined in subdivision
16(a) of Section 66610 of the Government Code.

17(e) “Bay Plan” means the San Francisco Bay Plan as adopted
18and administered by BCDC pursuant to Title 7.2 (commencing
P3    1with Section 66600) of the Government Code, including all
2amendments thereto.

3(f) “Brannan Street Wharf” means a major San Francisco
4waterfront park in the area of Piers 34 and 36, as identified in the
5Special Area Plan.

6(g) “Burton Act” means Chapter 1333 of the Statutes of 1968,
7as amended.

8(h) “Burton Act trust” means the statutory trust imposed by the
9Burton Act (Chapter 1333 of the Statutes of 1968, as amended),
10pursuant to which the state conveyed to the City and County of
11San Francisco, in trust, by transfer agreement, and subject to certain
12terms, conditions, and reservations, the state’s interest in certain
13tide and submerged lands.

14(i) “City” means the City and County of San Francisco.

15(j) begin delete“McAteer-Petris end deletebegin insert“McAteer-Petris end insertAct” means Title 7.2
16(commencing with Section 66000) of the Governmentbegin delete Codeend deletebegin insert Code,
17as that act may be amended from time to timeend insert
.

18(k) “Public trust” or “trust” means the common law public trust
19for commerce,begin delete or navigationend deletebegin insert navigation,end insert and fisheries.

20(l) “Port” means the City and County of San Francisco acting
21by and through the San Francisco Port Commission.

22(m) “San Francisco Bay” means those areas defined in Section
2366610 of the Government Code.

24(n) “San Francisco waterfront” means those portions of the area
25transferred to thebegin delete portend deletebegin insert Portend insert pursuant to the Burton Act that also lie
26within the area defined in subdivisions (a) and (b) of Section 66610
27of the Government Code.

28(o) “Seawall Lot 330” means that parcel of propertybegin insert, or any
29portion thereof,end insert
located in San Francisco identified on that certain
30map entitled SUR 790, and shown on Page 318 of the City and
31County of San Francisco 100 Scale Ownership Maps, which is on
32file with the city’s Bureau of Street Use and Mapping.

33(p) “SB 815” means Chapter 660 of the Statutes of 2007, as
34amended.

35(q) “Shoreline band jurisdiction” means the jurisdiction, powers,
36and duties of BCDC pursuant to Title 7.2 (commencing with
37Section 66600) of the Government Code to regulate uses within
38the area defined in subdivision (b) of Section 66610 of the
39Government Code to ensure, in part, maximum feasible public
40access, as prescribed in Section 66632.4 of the Government Code.

P4    1(r) “Special Area Plan” means the San Francisco Waterfront
2Special Area Plan, dated July 20, 2000, adopted by BCDC, as
3amended from time to time.

4(s) “Street” means those lands located within the South
5Beach/China Basin Planning area of the San Francisco waterfront
6at Seawall Lot 330, and also lying within Parcel A of those lands
7transferred to the City and County of San Francisco pursuant to
8the Burton Act, as recorded May 14, 1969, in Book C 169 at Pages
9573 to 664, inclusive, in the San Francisco Recorder’s office, as
10more particularly described as that portion of Main Street, located
11between Bryant Street and the Embarcadero, vacated per Ordinance
1214-93 on January 11, 1993, on file with the San Francisco Bureau
13of Street Use and Mapping, in Book 10, Page 94. All streets and
14street lines described in the preceding sentence are in accordance
15with that certain map entitled SUR 790, and shown on Page 318
16of the City and County of San Francisco 100 Scale Ownership
17Maps, on file with the City’s Bureau of Street Use and Mapping.

begin insert

18(t) “Trust retail uses” means visitor-serving retail and
19restaurant establishments and similar retail uses that facilitate
20and encourage public use of the waterfront.

end insert
begin delete

21(t)

end delete

22begin insert(u)end insert “Waterfront Land Use Plan” means the Waterfront Land
23Use Plan, including the Waterfront Design and Access Element,
24adopted by the port pursuant to Resolution No. 97-50, as amended
25from time to time.

26

SEC. 3.  

Section 2 of Chapter 489 of the Statutes of 2001 is
27amended to read:

28

Sec. 2.  

The Legislature finds and declares all of the following:

begin insert

29(a) Tide and submerged lands in California are held in trust
30for the enjoyment and use by the people of the state pursuant to
31the common law public trust doctrine. Public trust lands may be
32used for water-related purposes, including, but not limited to,
33commerce, navigation, fishing, swimming, general recreation,
34open space, and wildlife habitat.

end insert
begin delete

35(a)

end delete

36begin insert(b)end insert In 1965, the Legislature adopted thebegin delete McAteer-Petrisend delete
37begin insert McAteer-Petrisend insert Act to protect and enhance the San Francisco Bay
38and its natural resources.begin delete The McAteer-Petris Actend deletebegin insert Among other
39things, the McAteer-Petris Actend insert
grants BCDC regulatory authority
40over further filling in San Francisco Bay through exercise of its
P5    1bay jurisdiction, and limits that activity to (1) water-oriented uses
2that meet specified criteria; (2) minor fill that improves shoreline
3appearance or public access; and (3) activities necessary for the
4health, safety and welfare of the public in the entire bay area. The
5McAteer-Petris Act alsobegin delete authorizesend deletebegin insert mandatesend insert BCDC to require
6the provision of maximum feasible access to the baybegin insert and its
7shorelineend insert
consistent withbegin delete theend deletebegin insert aend insert project begin delete over a 100-foot shoreline
8band through the exercise of its shoreline band jurisdictionend delete
.

begin insert

9(c) In 1969, the Legislature received and acted upon the BCDC’s
10report and recommendations from a three-year study of the San
11Francisco Bay. The resulting Bay Plan contains, among other
12things, BCDC’s policies to guide use and protection of all areas
13within BCDC’s jurisdiction, including the bay and the 100-foot
14shoreline band, and ensures that proposed projects, among other
15things, minimize bay fill and provide maximum feasible public
16access to the bay.

end insert
begin delete

17(b)

end delete

18begin insert(d)end insert In 1969, pursuant to the Burton Act, the state conveyed by
19transfer agreement certain state tide and submerged lands to the
20Port. The lands are held by the Port in trust for purposes of
21commerce, navigation, and fisheries, and are subject to the terms
22and conditions specified in the Burton Act and the public trust.
23During thebegin delete threeend deletebegin insert fourend insert decades since passage of the Burton Act,
24issues have arisen concerning the application of thebegin delete McAteer-Petrisend delete
25begin insert McAteer-Petrisend insert Act to the piers along the San Francisco waterfront.
26To address those issues, BCDC and the Port undertook two
27intensive and careful planning processes, which lasted over nine
28years.

begin delete

29(c)

end delete

30begin insert(e)end insert The first process culminated in 1997 with the adoption by
31the Port of the Waterfront Land Use Plan and with the adoption
32by the Board of Supervisors of the City and County of San
33Francisco and the Planning Commission of the City and County
34of conforming amendments to the City’s General Plan and Planning
35Code.

begin delete

36(d)

end delete

37begin insert(f)end insert In July 2000, after the second five-year cooperative process
38involving the Port, BCDC, the Save San Francisco Bay
39Association, and numerous interested community groups and
40begin delete individuals,end deletebegin insert individualsend insert was completed, the Port adopted further
P6    1amendments to the Waterfront Land Use Plan. BCDC also adopted
2amendments to the Special Area Plan that is incorporated into, and
3made a part of, thebegin delete San Franciscoend delete Bay Plan, to create consistent
4plans for the area of the San Francisco waterfront between Pier 35
5and China Basin. At the present time, thebegin delete Waterfront Land Useend delete
6begin insert Special Areaend insert Plan addresses specificbegin delete McAteer-Petrisend delete
7begin insert McAteer-Petrisend insert Act issues relating to public access and the
8preservation and enhancement of open water as a bay resource in
9this area. The plan also defines public access opportunities on each
10pier in this area and calls for the removal of certain additional piers
11to enhance water views and create additional bay surface area.

begin delete

12(e)

end delete

13begin insert(g)end insert A major objective of the joint effort described in subdivisions
14begin delete (b), (c), and (d)end deletebegin insert (d), (e), and (f)end insert is to establish a new criterion in
15the begin deleteSan Franciscoend deleteBay Plan that would permit fill on the San
16Francisco waterfront in an area where a Special Area Plan has
17been adopted by BCDC for uses that are consistent with the public
18trust and the Burton Act trust. The Special Area Plan for the area
19between Pier 35 and China Basinbegin delete should provideend deletebegin insert provides, in part,end insert
20 for all of following:

21(1) The nature and extent of maximum feasible public access
22begin delete forend deletebegin insert toend insert thebegin delete piersend deletebegin insert bays and the waterfront,end insert including perimeter access
23begin insert at the piersend insert, abegin delete history walkend deletebegin insert system of integrated public parks,
24promenades, a Bayside History Walkend insert
on most piers, and other
25significant access features on piers where appropriate.

26(2) Two major public plazas, the Brannan Street Wharf adjacent
27to Pier 30-32 andbegin delete another in the vicinity ofend deletebegin insert a new plaza atend insert Pier 27.

28(3) A public planning process to lead to the creation of a third
29major public plaza in the Fisherman’s Wharf area.

30(4) Thebegin insert restoration and preservation of significant open water
31basins and areas through theend insert
removal of certain piers to uncover
32additional bay surfacebegin insert end insertbegin insertand the restriction of new bay fill in open
33water basins and areas to minor amounts needed to improve public
34access and shoreline appearance and accommodate permissible
35water-oriented usesend insert
.

36(5) The creation and funding of a special fund within the Port
37to finance the removal of the selected piers and the construction
38and maintenance of those public plazas.

39(6) A historic preservation mechanism to ensure preservation
40begin insert and enhancement end insert of important historic resources on thebegin delete piersend delete
P7    1begin insert piers, including the designation of the National Register
2Embarcadero Historic Districtend insert
.

begin insert

3(7) The preservation and improvement of existing views and
4creation of new views of the bay from the shoreline.

end insert
begin delete

5(7)

end delete

6begin insert(end insertbegin insert8)end insert The ability of the Port to repair, improve, or use the piers
7not designated for removal between Pier 35 and China Basin for
8any purpose consistent with the Burton Act, the public trust and
9the Special Area Plan.

begin delete

10(f)

end delete

11begin insert(h)end insert The San Francisco waterfront, which has been the subject
12of this planning process, provides benefits to the entire bay area,
13and serves as a unique destination for the region’s public. These
14regionwide benefits include enjoyment of a unique, publicly owned
15waterfront that provides special maritime, navigational,
16recreational, cultural, and historical benefits that serve the bay
17area. Accordingly, the adoption by BCDC, and the ratification by
18the Legislature, of the Special Area Plan, as amended, is necessary
19to protect the health, safety, and welfare of the public in the entire
20bay area for purposes of subdivision (f) of Section 66632 of the
21Government Code.

begin delete

22(g)

end delete

23begin insert(i)end insert The Port is a valuable public trust asset, a vibrant and
24world-renowned tourist destination, and a vital component of the
25regional, state, and national economies. The Port faces unique
26 challenges in implementing the Waterfront Land Use Planbegin delete and
27Special Area Planend delete
. Deferred maintenance on the Port’s numerous
28historic piers and other structures, together with limitations on
29revenue generating opportunities, has caused deteriorating
30conditions along the San Francisco waterfront. Thebegin delete estimated end delete
31begin insert Port’s estimate of the end insertcost of implementingbegin delete the Port’send deletebegin insert itsend insert capital
32plan is over two billion dollars ($2,000,000,000), which
33substantially exceeds the projected revenues begin delete of the Port available
34for these purposes. A purpose of this act is to further the public
35trust by facilitating the Port’s implementation of the important
36parts of the Waterfront Land Use Plan, the Special Area Plan, and
37the Port’s capital plan, subject to environmental review, as required
38under the California Environmental Quality Act (Division 13
39(commencing with Section 21000) of the Public Resources Code).end delete

40begin insert estimated by the Port to be available for these purposes.end insert

P8    1

SEC. 4.  

Section 3 of Chapter 489 of the Statutes of 2001 is
2amended to read:

3

Sec. 3.  

The Legislature also hereby finds and declares all of
4the following with respect to Seawall Lot 330 and the street:

5(a) The lands comprising the street are tide and submerged lands
6that have been filled and reclaimed, and were reserved to the state
7solely for street purposes.

8(b) The filled and reclaimed tide and submerged lands
9constituting the street have been filled and reclaimed for, and in
10connection with, a highly beneficial plan of improvement for harbor
11development.

12(c) The street is not used, suitable, or necessary for navigation
13purposes and is not necessary, or used for street purposes.

14(d) The street or any interests in the street that are to be sold by
15the city, and over which the Burton Act trust and the public trust
16will be terminated, constitute a relatively small portion of the
17granted tide and submerged lands.

18(e) Section 3 of Article X of the California Constitution permits
19the sale to any city, county, city and county, municipal corporation,
20private person, partnership, or corporation of tidelands reserved
21to the state solely for street purposes, which tidelands the
22Legislature finds and declares are not used and not necessary for
23navigation purposes, subject to those conditions that the Legislature
24may impose to protect the public interest.

25(f) The existence of the street limits the potential development
26of Seawall Lot 330. The proposed sale will be consistent with
27Section 3 of Article X of the California Constitution, if all of the
28 following conditions are met:

29(1) The consideration for the sale of the street, pursuant to
30Section 3 of Article X of the California Constitution, shall be the
31fair market value of those lands or interests in the lands.

32(2) The street to be sold by the city and over which the public
33trust or the Burton Act trust, or both trusts, will be terminated has
34been filled and reclaimed, and the street consisting entirely of dry
35land lying above the present line of mean high tide is no longer
36needed or required for the purposes of the public trust or the Burton
37Act trust.

38(3) The street to be sold by the city and over which the public
39trust or the Burton Act trust, or both trusts, will be terminated has
40been cut off from direct access to the waters of San Francisco Bay
P9    1by past filling of intervening property for a major roadway (the
2Embarcadero), which has provided, and will continue to provide,
3lateral public access to the water.

4(4) The street was reserved to the state for street purposes and
5is not used or necessary for navigation purposes. Therefore, in
6accordance with Section 3 of Article X of the California
7Constitution, that street can and should be conveyed into private
8ownership for uses consistent with, and in furtherance of, this act.

9(g) It is therefore the intent of the Legislature, subject to the
10terms and conditions set forth in this act to authorize the city to
11dispose of the street for private use free from the public trust or
12the Burton Act trust.

13(h) In 2003, the Port and the State Lands Commission entered
14into an exchange agreement pursuant to Chapter 310 of the Statutes
15of 1987 by which a portion of Seawall Lot 330 was freed from the
16public trust and the Burton Act trust and was sold for fair market
17value, the proceeds from which were dedicated to construction of
18the Brannan Street Wharf. The Legislature enacted SB 815 in 2007,
19which lifted the public trust andbegin delete theend delete Burton Act trust use restrictions
20from the remainder of Seawall Lot 330, including the street, until
212094. In 2011, the Legislature enacted AB 418begin insert in partend insert to facilitate
22the America’s Cup, which, subject to certain conditions, freed the
23remainder of Seawall Lot 330, including the street, from the public
24trust and authorized the Port to sell Seawall Lot 330 at fair market
25begin delete value,end deletebegin insert valueend insert subject tobegin delete the approval ofend delete the State Landsbegin delete Commissionend delete
26begin insert Commission’s approvalend insert.begin delete Thisend delete

27begin insert(i)end insertbegin insertend insertbegin insertThisend insert section does not limit the effect of, or the authority
28grantedbegin delete to,end deletebegin insert toend insert the Portbegin delete byend deletebegin insert by,end insert SB 815 and AB 418 with respect to
29Seawall Lot 330, including the street.

30

SEC. 5.  

Section 4 of Chapter 489 of the Statutes of 2001 is
31amended to read:

32

Sec. 4.  

The Legislature further finds and declares that the
33following unique circumstances exist at Pier 30-32 on the San
34Francisco waterfront, and that therefore, this act sets no precedent
35for any other location or project in thebegin delete state:end deletebegin insert state, including on
36the San Francisco waterfront or in San Francisco Bay:end insert

37(a) The Pier 30-32 platform bayward of the Embarcadero
38consists of obsolete, pile-supported pier structures that are
39physically no longer capable of serving most trust-related purposes
40without substantial modification and repair. The pier is an
P10   1approximately 13-acre facility centrally located along the
2 waterfront and with a natural deep water berth along its east face.
3However, the poor structural condition of Pier 30-32 currently
4limits the use of the pier to automobile parking and occasional,
5temporary use as a tertiary berth for cruise ships and other deep
6draft vessels. The pier has a limited remaining useful life. The Port
7estimates that the cost of removing the pier would exceed forty-five
8million dollars ($45,000,000).

9(b) Preserving Pier 30-32 requires a substantial capital
10investment to improve the piles and decking to modern seismic
11standards. Thebegin delete estimatedend deletebegin insert Port estimates that theend insert cost of
12rehabilitating the pier substantially exceedsbegin delete itsend deletebegin insert the Port’s estimates
13of the pier’send insert
fair market value. The Port does not have adequate
14funding in its 10-year capital plan for the costs to improve or to
15remove the pier due to limited Port resources and competing Port
16priorities, including completion of a new international cruise
17terminal at Pier 27 and the preservation of historic maritime
18resources in the Port’s jurisdiction. The Port must conserve Port
19revenue to support those maritime uses and public improvements
20for which private investment is not economical.begin delete Therefore, it is
21not feasible for the Port to directly fund all necessary capital
22improvements to preserve the pier and construct new, needed
23maritime or other public trust facilities on Pier 30-32.end delete

24(c) Over the past decade, the Port has sought to preserve and
25develop Pier 30-32 through public-private partnerships. In 2001,
26the Legislature authorized the development of Pier 30-32 with a
27new cruise ship terminal, office space, and retail space. The need
28for a new cruise ship terminal has been recognized for over 40
29years. A 1998 assessment by the Port found that cruise industry
30experts considered the present terminal at Pier 35 on the San
31Francisco waterfront to be inferior to other cruise terminals in the
32United States. That assessment also concluded that the existing
33San Francisco passenger terminal at Pier 35 cannot accommodate
34modern cruise ships. The Port’s 1998 assessment evaluated
35alternative locations for a new cruise ship terminal and concluded
36that Pier 30-32 was the most viable site for a new cruise terminal
37in San Francisco because ofbegin delete dredgingend deletebegin insert its position adjacent to deep
38waterend insert
, site configuration, and development considerations. The
39Port solicited proposals and selected a developer for a cruise ship
40terminal at Pier 30-32. The developer subsequently abandoned
P11   1that project after determining that the financial investment required
2to improve the substructure of Pier 30-32 was cost prohibitive,
3and no other developer could be found who was willing to accept
4assignment of the development rights for the project. The Port has
5since identified Pier 27 as the preferred location for its new cruise
6ship terminal in San Francisco, and construction of the terminal
7building is currently underway.

8(d) In 2011, the America’s Cup Event Authority proposed to
9improve Pier 30-32 to host racing teams and hospitality facilities
10during the America’s Cup in 2013, and to acquire long-term
11development rights to Pier 30-32. Those planned facilities were
12ultimately relocated to other piers due primarily to the cost of
13rehabilitating the substructure of Pier 30-32.

14(e) The Waterfront Land Use Plan and the Special Area Plan
15recognize that the development of Pier 30-32 and the surrounding
16area within the South Beach/China Basin subarea identified in the
17Waterfront Land Use Plan would further the public trust purposes
18of increasing maritime activities and expanding public use and
19enjoyment of the waterfront on trust lands at this location.

20(f) The Port now proposes a mixed-use development at Pier
2130-32,begin delete the primary proposes ofend delete which begin delete are to (1)end delete begin insert willend insert further public
22use, access, and enjoyment of the tidelands and surrounding water
23at this location by providing a multipurpose venue for events and
24public assembly, coupled with public access, open space, begin delete25 commercial public trust uses, and parking serving the uses on Piers
2630-32 and visitors to the waterfront, and (2) preserve and enhance
27maritime uses and water-oriented recreational activities at the siteend delete

28begin insert and venue-supporting or trust retail uses; significant maritime
29facilities, including an occasional berthing area for large vessels;
30bay-oriented recreational activities; and limited ancillary parking
31as reasonably necessary to meet the visitor-serving needs of the
32mixed-used development, including the multipurpose venue, all of
33which are designed to preserve and improve public and visual
34access to the bay and its shorelineend insert
.

begin delete

35(g) In addition to providing a destination for events, public
36assembly, and public access to the bay, the planned improvements
37include maritime facilities on the pier. Possible improvements
38include a new facility for the city’s fire boats; berthing facilities
39for waterborne transit, such as water taxis, ferries, or commercial
40excursion boats; recreational water sports access, such as a public
P12   1kayak launch area; periodic, temporary berthing for deep draft
2vessels on the east side of the pier, and other berthing facilities.
3 New maritime facilities will promote local waterborne transit and
4 may establish the proposed development at Pier 30-32 as a
5waterside destination for recreational boating.

6(h) The city’s fire boats have operated on the San Francisco
7Bay since 1878 and have provided critical fire protection services
8to the city in situations like the Loma Prieta earthquake when the
9ability of the fire boats to pump bay water to fight fires saved a
10significant portion of San Francisco’s Marina District, as well as
11the recent fire at Pier 29. In addition, the city’s fire boat operation
12provides unique rescue and response services on the San Francisco
13Bay that are of regionwide significance. The current fire boat
14station at Pier 2212 is no longer sufficient to serve the needs of the
15operation. A new fire boat facility at Pier 30-32 would provide an
16opportunity to improve and expand fire boat operations.

17(i)

end delete

18begin insert(end insertbegin insertg)end insert Pier 30-32 is ideally situated to provide public access tobegin insert and
19enjoyment ofend insert
the waterfrontbegin insert and end insertbegin insertbayend insert. It is within walking distance
20of the Ferry Building, the San Francisco Giants baseball stadium,
21and regional transit hubs, including thebegin delete proposedend delete Transbay Transit
22begin delete Center,end deletebegin insert Center, which is under constructionend insertbegin insert,end insert has unmatched views
23of the Baybegin insert and the Bayend insert Bridge, and is immediately adjacent to the
24Brannan Street Wharf project, which will provide a
2558,700-square-foot pile-supported park over the bay, consistent
26with the Special Area Plan. The Port committed to the construction
27of the Brannan Street Wharf earlier than required under the Special
28Area Plan through investment of approximately twenty-five million
29dollars ($25,000,000) for the removal of 175,000 square feet of
30pile-supported fill and development of public access improvements
31. The Brannan Street Wharf project is currently under construction
32and is anticipated to be completed by June 2013. The value of the
33Brannan Street Wharf as a recreational resource is diminished by
34the current condition and use of Pier 30-32, whichbegin delete presents visual
35blight andend delete
cannot support dedicated public access on the pierbegin insert and
36full realization of the Brannan Street Wharf Open Water Basinend insert
.

begin delete

37(j)

end delete

38begin insert(end insertbegin inserth)end insert The inclusion ofbegin insert significantend insert public access improvements,
39maritime facilities, andbegin delete commercial publicend deletebegin insert venue-supporting orend insert
40 trustbegin insert retailend insert uses, together with a new multipurposebegin delete venue,end deletebegin insert venue
P13   1for events that bring people from around the state to the waterfront
2to use and enjoy the public trust assets of San Francisco, enhances
3andend insert
promotes the trustbegin delete objectivesend deletebegin insert usesend insert ofbegin delete furthering maritime
4commerce and improving public access and use on the San
5Francisco waterfrontend delete
begin insert the tidelands locationend insert.

begin delete

6(k)

end delete

7begin insert(end insertbegin inserti)end insert Thebegin delete estimatedend deletebegin insert Port estimates theend insert cost of the construction of
8the substructure and related improvements required to make Pier
930-32 useable for the proposedbegin insert mixed-useend insert development is in excess
10of one hundred twenty million dollars ($120,000,000), which
11significantly exceeds thebegin insert Port’send insert appraised fair market value of the
12pier. Thebegin delete project proposesend deletebegin insert Port plansend insert to financebegin insert theend insert substructure
13costs with privatebegin delete capital,end deletebegin insert capital and the following public revenue
14sources:end insert
the proceeds from the sale or lease of Seawall Lot 330
15pursuant to AB 418, rent credits for the lease of Pier 30-32 to the
16developer of the venue, property tax increment from an
17infrastructure financing district, and possibly special taxes from a
18community facilities district.begin delete The multi-purposeend deletebegin insert Construction of
19the multipurposeend insert
venue structurebegin delete itselfend delete will be entirely privately
20financed and will not require any expenditure of money from the
21city’s general fund, or from other city or Portbegin delete funds, for its
22constructionend delete
begin insert fundsend insert.

begin insert

23(j) There are presently few visitor-serving amenities in the
24vicinity of Pier 30-32. The Port’s efforts to develop its property
25for hotel use have been unsuccessful. The development of the
26multipurpose venue at Pier 30-32 and the termination of the trust
27use restrictions at Seawall Lot 330 would create substantial new
28demand for visitor-serving uses at that location and would make
29those uses financially feasible as part of an overall residential and
30mixed-use development at Seawall Lot 330. Also, Seawall Lot 330
31presents an opportunity to enhance the trust value of the project
32on Pier 30-32 by attracting more people to the waterfront and
33providing accommodations to people from both the San Francisco
34region and other areas of the state through visitor-serving uses,
35which may include visitor-serving retail, restaurants or hotel use,
36or any combination of these.

end insert
37

SEC. 6.  

Section 5 of Chapter 489 of the Statutes of 2001, as
38amended by Section 2 of Chapter 68 of the Statutes of 2003, is
39amended to read:

P14   1

Sec. 5.  

begin insert(a)end insertbegin insertend insertThe Legislature, in the exercise of its retained power
2as trustee of the public trust, and in view of the unique
3circumstances existing at Pier 30-32 on the San Francisco
4waterfront and the considerable statewide public benefit and
5promotion of the public trust that will be brought about by the
6preservationbegin insert, improvement, and modernizationend insert of the pier,
7construction of a new multipurpose venuebegin insert for events and public
8assemblyend insert
, establishment of maritime uses,begin delete andend delete improved public
9begin delete access andcommercial publicend deletebegin insert access, public use and enjoyment of
10the site, establishment of venue-supporting orend insert
trustbegin insert retailend insert uses on
11begin delete thisend deletebegin insert theend insert site,begin insert and additional public trust benefits,end insert hereby authorizes
12the Port to approve abegin insert mixed-useend insert development on the San Francisco
13waterfront at Pier 30-32 that includes a multipurposebegin delete venue,end deletebegin insert venue end insert
14begin insert for events and public assemblyend insert if the Port finds that all of the
15following conditions are met:

begin insert

16(1) The mixed-use development is designed to attract people to
17the waterfront, increase public enjoyment of the San Francisco
18Bay, encourage public trust activities, and enhance public use of
19trust assets and resources on the waterfront.

end insert
begin delete

20(a)

end delete

21begin insert(end insertbegin insert2)end insertbegin insertend insertbegin insert(A)end insert Thebegin delete venue facilityend deletebegin insert mixed-use developmentend insert is designed
22to providebegin delete vantage points offeringend deletebegin insert multiple significantend insert views of
23the Baybegin delete Bridge,end deletebegin insert Bridge andend insert the San Franciscobegin delete Bay, or both,end deletebegin insert Bay end insert
24 frombegin insert end insertbegin inserta variety of elevations and vantage points, including
25significant views of the Bay Bridge and the San Francisco Bay
26from the interiorend insert
concoursesbegin delete on the south and east sidesend deletebegin insert of the
27multipurpose venue and viewsend insert
of thebegin delete venue, andend deletebegin insert Bay Bridgeend insert from
28certain seatingbegin delete areas, and, consistent with programming needs of
29events, theend delete
begin insert end insertbegin insertareas within the multipurpose venue.end insert

30begin insert(B)end insertbegin insertend insertbegin insertThe multipurpose venue facility is located to minimize
31interference with public views of San Francisco Bay to the extent
32feasible.end insert

33begin insert(C)end insertbegin insertend insertbegin insertThe multipurposeend insert venue facilitybegin delete shall provideend deletebegin insert providesend insert free
34public access to patrons and nonpatrons alike tobegin insert exteriorend insert portions
35of the buildingbegin delete on the east side of the venue,end delete from which the public
36can view the San Francisco Bay, subject to reasonable limitations
37based on security.begin insert end insertbegin insertIn addition, to encourage the public to come to
38the bay’s edge, the design of the multipurpose venue shall provide
39significant free public views of the inside of the multipurpose venue
40from the outsideend insert
begin insert, and the operator of the multipurpose venue shall
P15   1be required to allow the public to view the inside of the
2multipurpose venue from the outside during events whenever
3feasible.end insert

begin insert

4(3) The mixed-use development is designed to achieve and
5enhance maximum feasible public access to and minimum fill in
6the bay in a manner that is consistent, as determined by BCDC in
7its separate permit process, with the Special Area Plan, the
8McAteer-Petris Act, and the Bay Plan.

end insert
begin delete

9(b)  The development includes a public access component that
10meets the requirements of the Special Area Plan and the San
11Francisco Bay Plan as interpreted by BCDC, provides new public
12vantage points on the north, east, and south sides of Pier 30-32
13from which to view San Francisco Bay, and provides continuous
14public access around the entire perimeter of Pier 30-32 (configured
15as necessary to accommodate use by the fire boat station, berths,
16or other maritime uses on the pier edge, to the extent each of those
17uses is incorporated into the development) and between Pier 30-32
18and the Brannan Street Wharf.

end delete
begin insert

19(4) The mixed-use development includes significant public plazas
20open to the public on a substantially permanent basis that can be
21accessed via public pedestrian promenades at the site that
22encourage public use of the site and provide a variety of views of
23the San Francisco Bay and the San Francisco cityscape.

end insert
begin insert

24(5) The mixed-use development includes continuous public
25access around the perimeter of Pier 30-32 open to the public year
26round, with limited exceptions for temporary safety-, security-,
27and maritime-based interruptions, and includes an interpretive
28program to enhance the public’s enjoyment of the site.

end insert
begin delete

29(c) The Brannan Street Wharf project, as described in the Special
30Area Plan, shall be substantially complete and open to the public
31prior to approval of the Pier 30-32 development.

end delete
begin delete

32(d)

end delete

33begin insert(end insertbegin insert6)end insert Thebegin insert mixedend insertbegin insert-useend insert development includes a significantbegin insert and
34appropriateend insert
maritime programbegin delete that provides for maritime uses
35along the north and east edges of Pier 30-32, which uses may
36include, without limitationend delete
begin insert, which shall be consistent with the
37Special Area Plan and shall include, but is not limited toend insert
:

begin delete

38(1)

end delete

P16   1begin insert(end insertbegin insertA)end insert A city fire station and berthing facilities for city fire boatsbegin insert,
2or, in lieu thereof, one or more other maritime uses on the north
3side of Pier 30-32end insert
.

begin delete

4(2)

end delete

5begin insert(end insertbegin insertB)end insert Facilities for berthing at the east end of Pier 30-32, including
6facilities that can accommodate periodic use by cruise or other
7deep draft vesselsbegin insert, or other facilities that promote the deep water
8berth at Pier 30-32end insert
.

begin delete

9(3)

end delete

10begin insert(end insertbegin insertC)end insertbegin deleteDirect end deletebegin insertFacilities that enable direct end insertpublic access to the water
11begin delete in the form of a launch forend deletebegin insert byend insert human-poweredbegin delete vessels, subject to
12feasibility and public safety considerationsend delete
begin insert vessels or swimmers,
13if feasible, on the south side of Pier 30-32, or water-oriented
14recreational uses facing the Brannan Street Wharf open water
15basinend insert
.

begin delete

16(4) Guest berths that accommodate private vessels for day use.

17(5) Water-based transit facilities, including water taxi and ferry
18landings.

19(e) The development provides for the use of the south edge of
20Pier 30-32 by recreational craft or other maritime uses, which may
21include, without limitation, the types of facilities referenced in
22paragraphs (2) to (5), inclusive, of subdivision (d), or for public
23access or public water-oriented recreational uses facing the Brannan
24Street Wharf open water basin.

end delete
begin insert

25(D) Water-transit docking or berthing facilities for water taxis,
26ferries, or both.

end insert
begin delete

27(f)

end delete

28begin insert(end insertbegin insert7)end insert Any nonmaritime office spacebegin delete providedend delete on Pier 30-32 is
29begin insert limited to 70,000 square feet, and any nonmaritime office space
30provided on Pier 30-32 isend insert
for usebegin insert onlyend insert by the primary tenants of
31the multipurposebegin delete venue, or is ancillary toend deletebegin insert venue for events and
32public assembly,end insert
thebegin delete use of the multipurposeend delete venue,begin delete theend deletebegin insert supporting
33or trustend insert
retail uses on Pier 30-32,begin insert andend insert the operation and
34management of the openbegin delete space,end deletebegin insert spaceend insert and other public facilities
35on Pier 30-32.

begin delete

36(g)

end delete

37begin insert(end insertbegin insert8)end insertbegin deleteAt least half of all end deletebegin insertAll end insertretailbegin insert venuesend insert on Pier 30-32begin delete isend deletebegin insert are
38limited to venue-supporting orend insert
trust retailbegin insert usesend insert.begin delete For purposes of
39this subdivision only, “trust retail” means visitor serving public
40trust retail and restaurant use.end delete

begin delete

P17   1(h)

end delete

2begin insert(end insertbegin insert9)end insert Any parking included on Pier 30-32 isbegin insert limited to 500 spaces,end insert
3 located under active uses on Pier 30-32, substantially screened
4from public view, and designedbegin delete to avoidend deletebegin insert so that ingress and egress
5avoidsend insert
material interference with pedestrianbegin insert, wheelchair,end insert and
6bicycle traffic along Herb Caen Way andbegin insert material interference
7withend insert
the public’s access to and use of the open space on the surface
8of the pier.begin insert Parking shall be designed to accommodate visitors to
9the site and shall not be reserved for residential use.end insert

begin insert

10(10) Public trust-consistent events, uses, and programming are
11offered regularly at the site of the mixed-use development. The site
12shall be made available to the Port or its designee for those events
13on at least 15 days per year, including at least three days on which
14the multipurpose venue shall be made available to the Port or its
15designee for those events. These events shall include free and
16low-cost visitor-serving events.

end insert
begin insert

17(11) A public community room is available at the site for free
18or low-cost use by members of the public statewide, without
19preference to local residents or organizations.

end insert
begin insert

20(12) The development of the site is required to be consistent
21with a plan to address anticipated sea-level rise through year
222050, which shall include enforceable strategies incorporating an
23adaptive management approach to sea-level rise for the duration
24of the ground lease term.

end insert
begin insert

25(13) The development approved for Seawall Lot 330 includes
26a hotel or other visitor-serving uses that the Port finds will
27materially enhance public trust uses on Pier 30-32 and the San
28Francisco waterfront.

end insert

29begin insert(b)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertIf a multipurpose venue for events and public assembly
30is approved and constructed on Pier 30-32, the Port shall submit
31and present at a properly noticed public State Lands Commission
32meeting a trust program report to the State Lands Commission,
33no later than five years from the date of the opening of the
34multipurpose venue, and every five years thereafter through the
35term of the ground lease for the multipurpose venue, that contains
36all of the following information:end insert

begin insert

37(A) A list and description of the trust-related events and
38programming that have occurred at the site of the mixed-use
39development and in the multipurpose venue over the preceding
40five-year period, including the dates on which the events occurred
P18   1or the multipurpose venue was made available for those events,
2and identifying any free and low-cost visitor-serving events.

end insert
begin insert

3(B) A description of the efforts made by the Port, its tenants,
4and subtenants to publicize the availability of Pier 30-32, including
5the multipurpose venue, for trust-related events and other efforts
6undertaken to solicit such events.

end insert
begin insert

7(C) A description of the maritime program on those portions of
8Pier 30-32 within the purview of the Port or the City, including a
9list of the facilities constructed, identification of any tenants,
10licensees, or other operators of the maritime facilities, and a
11description of the nature and frequency of the maritime use.

end insert
begin insert

12(D) A description of the tenants and use of the nonmaritime
13office space and the use of the public community room on Pier
1430-32.

end insert
begin insert

15(E) Any other information specifically requested by the State
16Lands Commission that pertains to the City or Port program of
17trust uses for Pier 30-32 and that is reasonably obtainable by the
18City or Port.

end insert
begin insert

19(2) (A) The Port, and the City, if applicable, shall work
20cooperatively with the executive officer of the State Lands
21Commission to develop an implementation plan if the executive
22officer of the State Lands Commission, upon review of the trust
23program report, determines both of the following:

end insert
begin insert

24(i) That Pier 30-32 is not being used for at least 13 trust-related
25events annually at the site as a whole or is not being used for at
26least three trust-related events annually at the multipurpose venue
27as specified in paragraph (10) of subdivision (a); or, that the City
28or the Port has not implemented the maritime program for Pier
2930-32 for its intended purposes, as specified in paragraph (6) of
30subdivision (a).

end insert
begin insert

31(ii) That the Port, or the City, as applicable, has not taken
32effective action to achieve the objectives specified in clause (i).

end insert
begin insert

33(B) The executive officer of the State Lands Commission shall
34provide written notice to the Port and the City of a determination
35under subparagraph (A) requiring the development of an
36implementation plan, including the basis for that determination.
37An implementation plan developed pursuant to this paragraph
38shall ensure that the objectives of clause (i) of subparagraph (A)
39are met for the next five-year reporting period and shall be
40consistent with the terms and conditions set forth in governmental
P19   1approvals for development of the project and in then-existing leases
2and other contracts affecting use of the site, including rights of
3leasehold mortgagees under those contracts. In accordance with
4this subparagraph, the implementation plan may include a plan
5for improving outreach, publicity, or marketing efforts for trust
6events or to attract maritime operators or users.

end insert
begin insert

7(3) In conjunction with the Port’s report required in paragraph
8(1), the tenant of the multipurpose venue shall submit and, if
9requested by the executive officer of the State Lands Commission,
10present at a properly noticed public State Lands Commission
11meeting, an informational report to the State Lands Commission
12describing how the event program at the multipurpose venue is
13meeting the objectives for use of that venue set forth in paragraph
14(2) of subdivision (a).

end insert
15

SEC. 7.  

Section 6 of Chapter 489 of the Statutes of 2001 is
16amended to read:

17

Sec. 6.  

The Legislature finds and declares that the 2000
18amendments of thebegin delete San Franciscoend delete Bay Plan and the Special Area
19Plan by BCDC are authorized under subdivision (f) of Section
2066632 of the Government Code as necessary to protect the health,
21safety, and welfare of the public in the entire bay area, and BCDC’s
22actions with respect to those amendments are hereby ratified and
23confirmed.

24

SEC. 8.  

Section 7 of Chapter 489 of the Statutes of 2001, as
25amended by Section 3 of Chapter 68 of the Statutes of 2003, is
26amended to read:

27

Sec. 7.  

Anybegin insert legislative or regulatoryend insert requirement for findings
28of consistency with the public trust doctrine or the Burton Act trust
29under the Special Area Plan, the Bay Plan, or any other applicable
30statute, regulation, or plan shall be deemed satisfied if the Port has
31made a finding that the Pier 30-32 development is consistent with
32the requirements of Sectionbegin delete 6end deletebegin insert 5end insert ofbegin delete the Pier 30-32 Revitalization
33Actend delete
begin insert this actend insert. Exceptbegin delete as provided in this section,end deletebegin insert with respect to a
34finding of consistency with the public trust doctrine,end insert
nothing in
35begin delete thatend deletebegin insert thisend insert act is intended to limit thebegin insert authority andend insert discretion of
36BCDC to approve or deny permits for thebegin delete projectsend deletebegin insert multiend insertbegin insertuse
37 development plan on Pier 30-32 generallyend insert
described inbegin delete thatend deletebegin insert thisend insert
38 act in a manner consistent with the McAteer-Petris Act, the Bay
39Plan,begin insert andend insert the Special Area Plan,begin delete and that act, or toend deletebegin insert including the
40authority and discretion of BCDC to impose conditions on the
P20   1permits for the project. This act shall notend insert
limit thebegin insert authority and end insert
2 discretion of BCDC to enforce permits issued for the projects
3described inbegin delete thatend deletebegin insert thisend insert act.

4

SEC. 9.  

Section 8 of Chapter 489 of the Statutes of 2001 is
5amended to read:

6

Sec. 8.  

(a) For the purpose of effectuating the sale of the street,
7including the conveyance of the street by the city, free of the public
8trust and the Burton Act trust, the State Lands Commission may
9convey to the city by patent all of the rights, title, and interest held
10by the state by virtue of its sovereign trust title to the street,
11including any public trust interest or Burton Act reservation or
12trust interest, not heretofore conveyed, subject to any reservations
13the State Lands Commission determines appropriate.

14(b) In any case in which the state, pursuant to this act, conveys
15filled tidelands and submerged lands transferred to the city pursuant
16to the Burton Act, the state shall reserve all minerals and all mineral
17rights in the lands of every kind and character now known to exist
18or hereafter discovered, including, but not limited to, oil and gas
19and rights thereto, together with the sole, exclusive, and perpetual
20right to explore for, remove, and dispose of those minerals by any
21means or methods suitable to the state or to its successors and
22assignees, except that, notwithstanding the Burton Act, or Section
236401 of the Public Resources Code, any such reservation shall not
24include the right of the state or its successors or assignees in
25connection with any mineral exploration, removal, or disposal
26activity, to do either of the following:

27(1) Enter upon, use, or damage the surface of the lands or
28interfere with the use of the surface by any grantee or by the
29grantee’s successors or assignees.

30(2) Conduct any mining activities of any nature whatsoever
31above a plane located 500 feet below the surface of the lands
32without the prior written permission of any grantee of the lands or
33the grantee’s successors or assignees.

34(c) This section does not require the state, the city, or the Port
35to reserve mineral rights in any portion of Seawall Lot 330,
36including any portion of the street, that is conveyed pursuant to
37AB 418.

38

SEC. 10.  

Section 9 of Chapter 489 of the Statutes of 2001 is
39amended to read:

P21   1

Sec. 9.  

The city may, pursuant to Section 3 of Article X of the
2California Constitution, sell the street to any private person,
3partnership, or corporation, with the approval of the State Lands
4Commission, if the city first finds that the sale is consistent with
5the legislative findings and declarations set forth in Section 3. That
6sale shall not be effective unless and until the State Lands
7Commission, at a regular open meeting with the proposed sale of
8the street as a properly scheduled agenda item, does or has done,
9all of the following:

10(a) Finds, or has found, that the consideration for the sale of the
11street pursuant to Section 3 of Article X of the California
12Constitution shall be the fair market value of the street.

13(b) Adopts, or has adopted, a resolution approving the sale that
14finds and declares that the street has been filled and reclaimed, is
15cut off from access to the waters of San Francisco Bay, and is no
16longer needed or required for the promotion of the public trust or
17the Burton Act trust, and that no substantial interference with the
18public trust or Burton Act trust uses and purposes will ensue by
19virtue of the sale. The resolution shall also declare that the sale is
20consistent with the findings and declarations in Section 3, and the
21sale is in the best interests of the state and city. Upon adoption of
22the resolution, or at a time that is specified in the resolution, the
23street shall thereupon be free from the public trust and the Burton
24Act trust.

25(c) Finds, or has found, that the proceeds for the sale of the
26street will be devoted to trust-related capital improvements by the
27Port.

28(d) This section does not apply to a conveyance of any portion
29of Seawall Lot 330, including the street, that is made pursuant to
30AB 418.

31

SEC. 11.  

Section 11 of Chapter 489 of the Statutes of 2001 is
32amended to read:

33

Sec. 11.  

A deed, patent, agreement, or other instrument
34executed in furtherance of this act, or an action of the state, the
35city, or the Port to approve the use, lease, or conveyance of any
36portion of port property subject to this act, or to approve project
37agreements, grant entitlements, or permits, or issue bonds or other
38indebtedness in connection with the use and development of that
39property in accordance with this act, shall be conclusively
40presumed to be valid, unless held to be invalid in an appropriate
P22   1proceeding in a court of competent jurisdiction to determine the
2validity of the instrument, agreement, or approval commenced
3within 60 days after the recording of the instrument or agreement,
4or the recording of a memorandum evidencing the instrument or
5agreement, or, in the case of an approval, within 60 days after the
6approval.

7

SEC. 12.  

Section 13 of Chapter 489 of the Statutes of 2001 is
8amended to read:

9

Sec. 13.  

(a) An action may be brought under Chapter 4
10(commencing with Section 760.010) of Title 10 of Part 2 of the
11Code of Civil Procedure to establish title to any lands conveyed
12pursuant to this act or by the parties to any agreement regarding a
13street sale or exchange of land entered into pursuant to this act or
14pursuant to Chapter 310 of the Statutes of 1987 to confirm the
15validity of the agreement. Notwithstanding Section 764.080 of the
16Code of Civil Procedure, the statement of decision in the action
17shall include a recitation of the underlying facts and a determination
18whether the conveyance or agreement meets the requirements of
19this act, and, if applicable, Chapter 310 of the Statutes of 1987,
20Sections 3 and 4 of Article X of the California Constitution, and
21any other law applicable to the validity of the conveyance or
22agreement.

23(b) For purposes of Section 764.080 of the Code of Civil
24Procedure, and unless otherwise agreed in writing, an agreement
25entered into pursuant to this act shall be deemed to be entered into
26on the date it is executed by the executive officer of thebegin delete commissionend delete
27begin insert State Lands Commissionend insert, who shall be the last of the parties to
28sign prior to the signature of the Governor. The effective date of
29the agreement shall be deemed to be the date on which it is
30executed by the Governor pursuant to Section 6107 of the Public
31Resources Code.

32(c) An action may be brought under Chapter 9 (commencing
33with Section 860) of Title 10 of Part 2 of the Code of Civil
34Procedure to determine the legality and validity of a deed, patent,
35agreement, or other instrument executed in furtherance of or
36authorized by this act, or an action of the city or Port to use, lease,
37or convey any property, or to approve project agreements, grant
38entitlements, or permits, or issue bonds or other indebtedness in
39connection with the use and development of that property, in
40accordance with this act. Prior to the filing of an action, the
P23   1Attorney General and the executive officer of thebegin delete commissionend delete
2begin insert State Lands Commissionend insert shall be provided written notice of the
3action and a copy of the complaint. An action authorized by this
4subdivision may be combined with an action authorized by
5subdivision (a).

6

SEC. 13.  

Section 14 of Chapter 489 of the Statutes of 2001 is
7amended to read:

8

Sec. 14.  

begin insert(a)end insertbegin insertend insert This act does not alter the obligations of the city
9or the Port under the California Environmental Quality Act
10(Division 13 (commencing with Section 21000) of the Public
11Resources Code), including any obligation to consider alternatives
12to a project proposed for Pier 30-32 or Seawall Lot 330.

begin insert

13(b) If a mixed-use development at Pier 30-32 that includes a
14multipurpose venue for events and public assembly meeting the
15conditions of Section 5 of this act has not been approved within
1610 years of the effective date of this act, the provisions of Section
175 and Section 7 of this act shall become inoperative as of the date
18that is 10 years from the effective date of this act.

end insert
19

SEC. 14.  

For purposes of this act, subdivision (d) of Section
209begin delete of Chapter 477 of the Statutes of 2011end deletebegin insert of AB 418end insert shall not apply
21to any sale of Seawall Lot 330 if the proceeds of the sale are
22applied to the cost of rehabilitating the Pier 30-32 substructure or
23the cost of constructing maritime or public access improvements
24on Pier 30-32.

25

SEC. 15.  

The Legislature finds and declares that a special law
26is necessary and that a general law cannot be made applicable
27within the meaning of Section 16 of Article IV of the California
28Constitution because of the unique circumstances applicable only
29to the trust lands described in this act.



O

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