BILL NUMBER: AB 1273 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
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 a
mixed-use 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:
SECTION 1. This act shall be known, and may be cited, as the Pier
30-32 Revitalization Act.
SEC. 2. Section 1 of Chapter 489 of the Statutes of 2001, as
amended by Section 1 of Chapter 68 of the Statutes of 2003, is
amended to read:
Sec. 1. For purposes of this chapter, the following terms have the
following meanings:
(a) "AB 418" means Chapter 477 of the Statutes of 2011.
(b) "America's Cup" means the 34th America's Cup.
(c) "BCDC" means the San Francisco Bay Conservation and
Development Commission established pursuant to Section 66620 of the
Government Code.
(d) "Bay jurisdiction" means the jurisdiction, powers, and duties
of BCDC pursuant to Title 7.2 (commencing with Section 66600) of the
Government Code within the area defined in subdivision (a) of Section
66610 of the Government Code.
(e) "Bay Plan" means the San Francisco Bay Plan as adopted and
administered by BCDC pursuant to Title 7.2 (commencing with Section
66600) of the Government Code, including all amendments thereto.
(f) "Brannan Street Wharf" means a major San Francisco waterfront
park in the area of Piers 34 and 36, as identified in the Special
Area Plan.
(g) "Burton Act" means Chapter 1333 of the Statutes of 1968, as
amended.
(h) "Burton Act trust" means the statutory trust imposed by the
Burton Act (Chapter 1333 of the Statutes of 1968, as amended),
pursuant to which the state conveyed to the City and County of San
Francisco, in trust, by transfer agreement, and subject to certain
terms, conditions, and reservations, the state's interest in certain
tide and submerged lands.
(i) "City" means the City and County of San Francisco.
(j) "McAteer-Petris "McAteer-Petris
Act" means Title 7.2 (commencing with Section 66000) of the
Government Code Code, as that act may be
amended from time to time .
(k) "Public trust" or "trust" means the common law public trust
for commerce, or navigation navigation,
and fisheries.
(l) "Port" means the City and County of San Francisco acting by
and through the San Francisco Port Commission.
(m) "San Francisco Bay" means those areas defined in Section 66610
of the Government Code.
(n) "San Francisco waterfront" means those portions of the area
transferred to the port Port pursuant
to the Burton Act that also lie within the area defined in
subdivisions (a) and (b) of Section 66610 of the Government Code.
(o) "Seawall Lot 330" means that parcel of property ,
or any portion thereof, located in San Francisco
identified on that certain map entitled SUR 790, and shown on Page
318 of the City and County of San Francisco 100 Scale Ownership Maps,
which is on file with the city's Bureau of Street Use and Mapping.
(p) "SB 815" means Chapter 660 of the Statutes of 2007, as
amended.
(q) "Shoreline band jurisdiction" means the jurisdiction, powers,
and duties of BCDC pursuant to Title 7.2 (commencing with Section
66600) of the Government Code to regulate uses within the area
defined in subdivision (b) of Section 66610 of the Government Code to
ensure, in part, maximum feasible public access, as prescribed in
Section 66632.4 of the Government Code.
(r) "Special Area Plan" means the San Francisco Waterfront Special
Area Plan, dated July 20, 2000, adopted by BCDC, as amended from
time to time.
(s) "Street" means those lands located within the South
Beach/China Basin Planning area of the San Francisco waterfront at
Seawall Lot 330, and also lying within Parcel A of those lands
transferred to the City and County of San Francisco pursuant to the
Burton Act, as recorded May 14, 1969, in Book C 169 at Pages 573 to
664, inclusive, in the San Francisco Recorder's office, as more
particularly described as that portion of Main Street, located
between Bryant Street and the Embarcadero, vacated per Ordinance
14-93 on January 11, 1993, on file with the San Francisco Bureau of
Street Use and Mapping, in Book 10, Page 94. All streets and street
lines described in the preceding sentence are in accordance with that
certain map entitled SUR 790, and shown on Page 318 of the City and
County of San Francisco 100 Scale Ownership Maps, on file with the
City's Bureau of Street Use and Mapping.
(t) "Trust retail uses" means visitor-serving retail and
restaurant establishments and similar retail uses that facilitate and
encourage public use of the waterfront.
(t)
(u) "Waterfront Land Use Plan" means the Waterfront
Land Use Plan, including the Waterfront Design and Access Element,
adopted by the port pursuant to Resolution No. 97-50, as amended from
time to time.
SEC. 3. Section 2 of Chapter 489 of the Statutes of 2001 is
amended to read:
Sec. 2. The Legislature finds and declares all of the following:
(a) Tide and submerged lands in California are held in trust for
the enjoyment and use by the people of the state pursuant to the
common law public trust doctrine. Public trust lands may be used for
water-related purposes, including, but not limited to, commerce,
navigation, fishing, swimming, general recreation, open space, and
wildlife habitat.
(a)
(b) In 1965, the Legislature adopted the
McAteer-Petris McAteer-Petris Act to protect and
enhance the San Francisco Bay and its natural resources.
The McAteer-Petris Act Among other things, the
McAteer-Petris Act grants BCDC regulatory authority over
further filling in San Francisco Bay through exercise of its bay
jurisdiction, and limits that activity to (1) water-oriented uses
that meet specified criteria; (2) minor fill that improves shoreline
appearance or public access; and (3) activities necessary for the
health, safety and welfare of the public in the entire bay area. The
McAteer-Petris Act also authorizes mandates
BCDC to require the provision of maximum feasible access to the
bay and its shoreline consistent with the
a project over a 100-foot shoreline
band through the exercise of its shoreline band jurisdiction
.
(c) In 1969, the Legislature received and acted upon the BCDC's
report and recommendations from a three-year study of the San
Francisco Bay. The resulting Bay Plan contains, among other things,
BCDC's policies to guide use and protection of all areas within BCDC'
s jurisdiction, including the bay and the 100-foot shoreline band,
and ensures that proposed projects, among other things, minimize bay
fill and provide maximum feasible public access to the bay.
(b)
(d) In 1969, pursuant to the Burton Act, the state
conveyed by transfer agreement certain state tide and submerged lands
to the Port. The lands are held by the Port in trust for purposes of
commerce, navigation, and fisheries, and are subject to the terms
and conditions specified in the Burton Act and the public trust.
During the three four decades since
passage of the Burton Act, issues have arisen concerning the
application of the McAteer-Petris
McAteer-Petris Act to the piers along the San Francisco
waterfront. To address those issues, BCDC and the Port undertook two
intensive and careful planning processes, which lasted over nine
years.
(c)
(e) The first process culminated in 1997 with the
adoption by the Port of the Waterfront Land Use Plan and with the
adoption by the Board of Supervisors of the City and County of San
Francisco and the Planning Commission of the City and County of
conforming amendments to the City's General Plan and Planning Code.
(d)
(f) In July 2000, after the second five-year
cooperative process involving the Port, BCDC, the Save San Francisco
Bay Association, and numerous interested community groups and
individuals, individuals was completed,
the Port adopted further amendments to the Waterfront Land Use Plan.
BCDC also adopted amendments to the Special Area Plan that is
incorporated into, and made a part of, the San Francisco
Bay Plan, to create consistent plans for the area of the
San Francisco waterfront between Pier 35 and China Basin. At the
present time, the Waterfront Land Use Special
Area Plan addresses specific McAteer-Petris
McAteer-Petris Act issues relating to public access and
the preservation and enhancement of open water as a bay resource in
this area. The plan also defines public access opportunities on each
pier in this area and calls for the removal of certain additional
piers to enhance water views and create additional bay surface area.
(e)
(g) A major objective of the joint effort described in
subdivisions (b), (c), and (d) (d), (e), and
(f) is to establish a new criterion in the San
Francisco Bay Plan that would permit fill on the San
Francisco waterfront in an area where a Special Area Plan has been
adopted by BCDC for uses that are consistent with the public trust
and the Burton Act trust. The Special Area Plan for the area between
Pier 35 and China Basin should provide
provides, in part, for all of following:
(1) The nature and extent of maximum feasible public access
for to the piers
bays and the waterfront, including perimeter access
at the piers , a history walk system of
integrated public parks, promenades, a Bayside History Walk on
most piers, and other significant access features on piers where
appropriate.
(2) Two major public plazas, the Brannan Street Wharf adjacent to
Pier 30-32 and another in the vicinity of a
new plaza at Pier 27.
(3) A public planning process to lead to the creation of a third
major public plaza in the Fisherman's Wharf area.
(4) The restoration and preservation of significant open
water basins and areas through the removal of certain piers to
uncover additional bay surface and the restriction of
new bay fill in open water basins and areas to minor amounts needed
to improve public access and shoreline appearance and accommodate
permissible water-oriented uses .
(5) The creation and funding of a special fund within the Port to
finance the removal of the selected piers and the construction and
maintenance of those public plazas.
(6) A historic preservation mechanism to ensure preservation
and enhancement of important historic resources on the
piers piers, including the designation of the
National Register Embarcadero Historic District .
(7) The preservation and improvement of existing views and
creation of new views of the bay from the shoreline.
(7)
( 8) The ability of the Port to repair,
improve, or use the piers not designated for removal between Pier 35
and China Basin for any purpose consistent with the Burton Act, the
public trust and the Special Area Plan.
(f)
(h) The San Francisco waterfront, which has been the
subject of this planning process, provides benefits to the entire bay
area, and serves as a unique destination for the region's public.
These regionwide benefits include enjoyment of a unique, publicly
owned waterfront that provides special maritime, navigational,
recreational, cultural, and historical benefits that serve the bay
area. Accordingly, the adoption by BCDC, and the ratification by the
Legislature, of the Special Area Plan, as amended, is necessary to
protect the health, safety, and welfare of the public in the entire
bay area for purposes of subdivision (f) of Section 66632 of the
Government Code.
(g)
(i) The Port is a valuable public trust asset, a
vibrant and world-renowned tourist destination, and a vital component
of the regional, state, and national economies. The Port faces
unique challenges in implementing the Waterfront Land Use Plan
and Special Area Plan . Deferred maintenance on
the Port's numerous historic piers and other structures, together
with limitations on revenue generating opportunities, has caused
deteriorating conditions along the San Francisco waterfront. The
estimated Port's estimate of the cost
of implementing the Port's its capital
plan is over two billion dollars ($2,000,000,000), which
substantially exceeds the projected revenues of the Port
available for these purposes. A purpose of this act is to further the
public trust by facilitating the Port's implementation of the
important parts of the Waterfront Land Use Plan, the Special Area
Plan, and the Port's capital plan, subject to environmental review,
as required under the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources Code).
estimated by the Port to be available for these
purposes.
SEC. 4. Section 3 of Chapter 489 of the Statutes of 2001 is
amended to read:
Sec. 3. The Legislature also hereby finds and declares all of the
following with respect to Seawall Lot 330 and the street:
(a) The lands comprising the street are tide and submerged lands
that have been filled and reclaimed, and were reserved to the state
solely for street purposes.
(b) The filled and reclaimed tide and submerged lands constituting
the street have been filled and reclaimed for, and in connection
with, a highly beneficial plan of improvement for harbor development.
(c) The street is not used, suitable, or necessary for navigation
purposes and is not necessary, or used for street purposes.
(d) The street or any interests in the street that are to be sold
by the city, and over which the Burton Act trust and the public trust
will be terminated, constitute a relatively small portion of the
granted tide and submerged lands.
(e) Section 3 of Article X of the California Constitution permits
the sale to any city, county, city and county, municipal corporation,
private person, partnership, or corporation of tidelands reserved to
the state solely for street purposes, which tidelands the
Legislature finds and declares are not used and not necessary for
navigation purposes, subject to those conditions that the Legislature
may impose to protect the public interest.
(f) The existence of the street limits the potential development
of Seawall Lot 330. The proposed sale will be consistent with Section
3 of Article X of the California Constitution, if all of the
following conditions are met:
(1) The consideration for the sale of the street, pursuant to
Section 3 of Article X of the California Constitution, shall be the
fair market value of those lands or interests in the lands.
(2) The street to be sold by the city and over which the public
trust or the Burton Act trust, or both trusts, will be terminated has
been filled and reclaimed, and the street consisting entirely of dry
land lying above the present line of mean high tide is no longer
needed or required for the purposes of the public trust or the Burton
Act trust.
(3) The street to be sold by the city and over which the public
trust or the Burton Act trust, or both trusts, will be terminated has
been cut off from direct access to the waters of San Francisco Bay
by past filling of intervening property for a major roadway (the
Embarcadero), which has provided, and will continue to provide,
lateral public access to the water.
(4) The street was reserved to the state for street purposes and
is not used or necessary for navigation purposes. Therefore, in
accordance with Section 3 of Article X of the California
Constitution, that street can and should be conveyed into private
ownership for uses consistent with, and in furtherance of, this act.
(g) It is therefore the intent of the Legislature, subject to the
terms and conditions set forth in this act to authorize the city to
dispose of the street for private use free from the public trust or
the Burton Act trust.
(h) In 2003, the Port and the State Lands Commission entered into
an exchange agreement pursuant to Chapter 310 of the Statutes of 1987
by which a portion of Seawall Lot 330 was freed from the public
trust and the Burton Act trust and was sold for fair market value,
the proceeds from which were dedicated to construction of the Brannan
Street Wharf. The Legislature enacted SB 815 in 2007, which lifted
the public trust and the Burton Act trust use
restrictions from the remainder of Seawall Lot 330, including the
street, until 2094. In 2011, the Legislature enacted AB 418 in
part to facilitate the America's Cup, which, subject to certain
conditions, freed the remainder of Seawall Lot 330, including the
street, from the public trust and authorized the Port to sell Seawall
Lot 330 at fair market value, value
subject to the approval of the State Lands
Commission Commission's approval .
This
(i) This section does not limit
the effect of, or the authority granted to,
to the Port by by, SB 815 and AB
418 with respect to Seawall Lot 330, including the street.
SEC. 5. Section 4 of Chapter 489 of the Statutes of 2001 is
amended to read:
Sec. 4. The Legislature further finds and declares that the
following unique circumstances exist at Pier 30-32 on the San
Francisco waterfront, and that therefore, this act sets no precedent
for any other location or project in the state:
state, including on the San Francisco waterfront or in San
Francisco Bay:
(a) The Pier 30-32 platform bayward of the Embarcadero consists of
obsolete, pile-supported pier structures that are physically no
longer capable of serving most trust-related purposes without
substantial modification and repair. The pier is an approximately
13-acre facility centrally located along the waterfront and with a
natural deep water berth along its east face. However, the poor
structural condition of Pier 30-32 currently limits the use of the
pier to automobile parking and occasional, temporary use as a
tertiary berth for cruise ships and other deep draft vessels. The
pier has a limited remaining useful life. The Port estimates that the
cost of removing the pier would exceed forty-five million dollars
($45,000,000).
(b) Preserving Pier 30-32 requires a substantial capital
investment to improve the piles and decking to modern seismic
standards. The estimated Port estimates that
the cost of rehabilitating the pier substantially exceeds
its the Port's estimat es of the
pier's fair market value. The Port does not have adequate
funding in its 10-year capital plan for the costs to improve or to
remove the pier due to limited Port resources and competing Port
priorities, including completion of a new international cruise
terminal at Pier 27 and the preservation of historic maritime
resources in the Port's jurisdiction. The Port must conserve Port
revenue to support those maritime uses and public improvements for
which private investment is not economical. Therefore, it is
not feasible for the Port to directly fund all necessary capital
improvements to preserve the pier and construct new, needed maritime
or other public trust facilities on Pier 30-32.
(c) Over the past decade, the Port has sought to preserve and
develop Pier 30-32 through public-private partnerships. In 2001, the
Legislature authorized the development of Pier 30-32 with a new
cruise ship terminal, office space, and retail space. The need for a
new cruise ship terminal has been recognized for over 40 years. A
1998 assessment by the Port found that cruise industry experts
considered the present terminal at Pier 35 on the San Francisco
waterfront to be inferior to other cruise terminals in the United
States. That assessment also concluded that the existing San
Francisco passenger terminal at Pier 35 cannot accommodate modern
cruise ships. The Port's 1998 assessment evaluated alternative
locations for a new cruise ship terminal and concluded that Pier
30-32 was the most viable site for a new cruise terminal in San
Francisco because of dredging its position
adjacent to deep water , site configuration, and development
considerations. The Port solicited proposals and selected a developer
for a cruise ship terminal at Pier 30-32. The developer subsequently
abandoned that project after determining that the financial
investment required to improve the substructure of Pier 30-32 was
cost prohibitive, and no other developer could be found who was
willing to accept assignment of the development rights for the
project. The Port has since identified Pier 27 as the preferred
location for its new cruise ship terminal in San Francisco, and
construction of the terminal building is currently underway.
(d) In 2011, the America's Cup Event Authority proposed to improve
Pier 30-32 to host racing teams and hospitality facilities during
the America's Cup in 2013, and to acquire long-term development
rights to Pier 30-32. Those planned facilities were ultimately
relocated to other piers due primarily to the cost of rehabilitating
the substructure of Pier 30-32.
(e) The Waterfront Land Use Plan and the Special Area Plan
recognize that the development of Pier 30-32 and the surrounding area
within the South Beach/China Basin subarea identified in the
Waterfront Land Use Plan would further the public trust purposes of
increasing maritime activities and expanding public use and enjoyment
of the waterfront on trust lands at this location.
(f) The Port now proposes a mixed-use development at Pier 30-32,
the primary proposes of which are to (1)
will further public use, access, and enjoyment
of the tidelands and surrounding water at this location by providing
a multipurpose venue for events and public assembly, coupled with
public access, open space, commercial public trust uses, and
parking serving the uses on Piers 30-32 and visitors to the
waterfront, and (2) preserve and enhance maritime uses and
water-oriented recreational activities at the site and
venue-supporting or trust retail uses; significant maritime
facilities, including an occasional berthing area for large vessels;
bay-oriented recreational activities; and limited ancillary parking
as reasonably necessary to meet the visitor-serving needs of the
mixed-used development, including the multipurpose venue, all of
which are designed to preserve and improve public and visual access
to the bay and its shoreline .
(g) In addition to providing a destination for events, public
assembly, and public access to the bay, the planned improvements
include maritime facilities on the pier. Possible improvements
include a new facility for the city's fire boats; berthing facilities
for waterborne transit, such as water taxis, ferries, or commercial
excursion boats; recreational water sports access, such as a public
kayak launch area; periodic, temporary berthing for deep draft
vessels on the east side of the pier, and other berthing facilities.
New maritime facilities will promote local waterborne transit and may
establish the proposed development at Pier 30-32 as a waterside
destination for recreational boating.
(h) The city's fire boats have operated on the San Francisco Bay
since 1878 and have provided critical fire protection services to the
city in situations like the Loma Prieta earthquake when the ability
of the fire boats to pump bay water to fight fires saved a
significant portion of San Francisco's Marina District, as well as
the recent fire at Pier 29. In addition, the city's fire boat
operation provides unique rescue and response services on the San
Francisco Bay that are of regionwide significance. The current fire
boat station at Pier 221/2 is no longer sufficient to serve the needs
of the operation. A new fire boat facility at Pier 30-32 would
provide an opportunity to improve and expand fire boat operations.
(i)
( g) Pier 30-32 is ideally situated to
provide public access to and enjoyment of the waterfront
and bay . It is within walking distance of the
Ferry Building, the San Francisco Giants baseball stadium, and
regional transit hubs, including the proposed
Transbay Transit Center, Center, which is
under construction , has unmatched views of the Bay
and the Bay Bridge, and is immediately adjacent to the
Brannan Street Wharf project, which will provide a 58,700-square-foot
pile-supported park over the bay, consistent with the Special Area
Plan. The Port committed to the construction of the Brannan Street
Wharf earlier than required under the Special Area Plan through
investment of approximately twenty-five million dollars ($25,000,000)
for the removal of 175,000 square feet of pile-supported fill and
development of public access improvements . The Brannan Street Wharf
project is currently under construction and is anticipated to be
completed by June 2013. The value of the Brannan Street Wharf as a
recreational resource is diminished by the current condition and use
of Pier 30-32, which presents visual blight and
cannot support dedicated public access on the pier and full
realization of the Brannan Street Wharf Open Water Basin .
(j)
( h) The inclusion of significant
public access improvements, maritime facilities, and
commercial public venue-supporting or trust
retail uses, together with a new multipurpose venue,
venue for events that bring people from around the
state to the waterfront to use and enjoy the public trust assets of
San Francisco, enhances and promotes the trust
objectives uses of furthering maritime
commerce and improving public access and use on the San Francisco
waterfront the tidelands location .
(k)
( i) The estimated
Port estimates the cost of the construction of the substructure
and related improvements required to make Pier 30-32 useable for the
proposed mixed-use development is in excess of one
hundred twenty million dollars ($120,000,000), which significantly
exceeds the Port's appraised fair market value of the
pier. The project proposes Port plans
to finance the substructure costs with private
capital, capital and the following public revenue
sources: the proceeds from the sale or lease of Seawall Lot 330
pursuant to AB 418, rent credits for the lease of Pier 30-32 to the
developer of the venue, property tax increment from an infrastructure
financing district, and possibly special taxes from a community
facilities district.
The multi-purpose Construction of the
multipurpose venue structure itself will be
entirely privately financed and will not require any expenditure of
money from the city's general fund, or from other city or Port
funds, for its construction funds .
(j) There are presently few visitor-serving amenities in the
vicinity of Pier 30-32. The Port's efforts to develop its property
for hotel use have been unsuccessful. The development of the
multipurpose venue at Pier 30-32 and the termination of the trust use
restrictions at Seawall Lot 330 would create substantial new demand
for visitor-serving uses at that location and would make those uses
financially feasible as part of an overall residential and mixed-use
development at Seawall Lot 330. Also, Seawall Lot 330 presents an
opportunity to enhance the trust value of the project on Pier 30-32
by attracting more people to the waterfront and providing
accommodations to people from both the San Francisco region and other
areas of the state through visitor-serving uses, which may include
visitor-serving retail, restaurants or hotel use, or any combination
of these.
SEC. 6. Section 5 of Chapter 489 of the Statutes of 2001, as
amended by Section 2 of Chapter 68 of the Statutes of 2003, is
amended to read:
Sec. 5. (a) The Legislature, in the
exercise of its retained power as trustee of the public trust, and in
view of the unique circumstances existing at Pier 30-32 on the San
Francisco waterfront and the considerable statewide public benefit
and promotion of the public trust that will be brought about by the
preservation , improvement, and modernization of the pier,
construction of a new multipurpose venue for events and public
assembly , establishment of maritime uses, and
improved public access andcommercial public
access, public use and enjoyment of the site,
establishment of venue-supporting or trust retail
uses on this the site, and
additional public trust benefits, hereby authorizes the Port to
approve a mixed-use development on the San Francisco
waterfront at Pier 30-32 that includes a multipurpose venue,
venue for events and public assembly
if the Port finds that all of the following conditions are met:
(1) The mixed-use development is designed to attract people to the
waterfront, increase public enjoyment of the San Francisco Bay,
encourage public trust activities, and enhance public use of trust
assets and resources on the waterfront.
(a)
( 2) (A) The
venue facility mixed-use development is designed
to provide vantage points offering multiple
significant views of the Bay Bridge,
Bridge and the San Francisco Bay, or both,
Bay from a variety of elevations and
vantage points, including significant views of the Bay Bridge and the
San Francisco Bay from the interior concourses on the
south and east sides of the multipurpose venue and
views of the venue, and Bay Bridge
from certain seating areas, and, consistent with
programming needs of events, the areas
within the multipurpose venue.
(B) The multipurpose venue facility is
located to minimize interference with public views of San Francisco
Bay to the extent feasible.
(C) The multipurpose venue
facility shall provide provides free
public access to patrons and nonpatrons alike to exterior
portions of the building on the east side of the venue,
from which the public can view the San Francisco Bay,
subject to reasonable limitations based on security.
In addition, to encourage the public to come to the bay's edge, the
design of the multipurpose venue shall provide significant free
public views of the inside of the multipurpose venue from the outside
, and the operator of the multipurpose venue shall be
required to allow the public to view the inside of the multipurpose
venue from the outside during events whenever feasible.
(3) The mixed-use development is designed to achieve and enhance
maximum feasible public access to and minimum fill in the bay in a
manner that is consistent, as determined by BCDC in its separate
permit process, with the Special Area Plan, the McAteer-Petris Act,
and the Bay Plan.
(b) The development includes a public access component that meets
the requirements of the Special Area Plan and the San Francisco Bay
Plan as interpreted by BCDC, provides new public vantage points on
the north, east, and south sides of Pier 30-32 from which to view San
Francisco Bay, and provides continuous public access around the
entire perimeter of Pier 30-32 (configured as necessary to
accommodate use by the fire boat station, berths, or other maritime
uses on the pier edge, to the extent each of those uses is
incorporated into the development) and between Pier 30-32 and the
Brannan Street Wharf.
(4) The mixed-use development includes significant public plazas
open to the public on a substantially permanent basis that can be
accessed via public pedestrian promenades at the site that encourage
public use of the site and provide a variety of views of the San
Francisco Bay and the San Francisco cityscape.
(5) The mixed-use development includes continuous public access
around the perimeter of Pier 30-32 open to the public year round,
with limited exceptions for temporary safety-, security-, and
maritime-based interruptions, and includes an interpretive program to
enhance the public's enjoyment of the site.
(c) The Brannan Street Wharf project, as described in the Special
Area Plan, shall be substantially complete and open to the public
prior to approval of the Pier 30-32 development.
(d)
( 6) The mixed -use
development includes a significant and appropriate
maritime program that provides for maritime uses along the
north and east edges of Pier 30-32, which uses may include, without
limitation , which shall be consistent with the
Special Area Plan and shall include, but is not limited to :
(1)
( A) A city fire station and berthing
facilities for city fire boats , or, in lieu thereof, one or
more other maritime uses on the north side of Pier 30-32 .
(2)
( B) Facilities for berthing at the east end
of Pier 30-32, including facilities that can accommodate periodic
use by cruise or other deep draft vessels , or other facilities
that promote the deep water berth at Pier 30-32 .
(3)
( C) Direct
Facilities that enable direct public access to the water
in the form of a launch for by
human-powered vessels, subject to feasibility and public
safety considerations vessels or swimmers, if
feasible, on the south side of Pier 30-32, or water-oriented
recreational uses facing the Brannan Street Wharf open water basin
.
(4) Guest berths that accommodate private vessels for day use.
(5) Water-based transit facilities, including water taxi and ferry
landings.
(e) The development provides for the use of the south edge of Pier
30-32 by recreational craft or other maritime uses, which may
include, without limitation, the types of facilities referenced in
paragraphs (2) to (5), inclusive, of subdivision (d), or for public
access or public water-oriented recreational uses facing the Brannan
Street Wharf open water basin.
(D) Water-transit docking or berthing facilities for water taxis,
ferries, or both.
(f)
( 7) Any nonmaritime office space
provided on Pier 30-32 is limited to 70,000 square
feet, and any nonmaritime office space provided on Pier 30-32 is
for use only by the primary tenants of the
multipurpose venue, or is ancillary to venue
for events and public assembly, the use of the
multipurpose venue, the supporting
or trust retail uses on Pier 30-32, and the
operation and management of the open space,
space and other public facilities on Pier 30-32.
(g)
( 8) At least half of all
All retail venues on Pier 30-32 is
are limited to venue-supporting or trust retail
uses . For purposes of this subdivision only,
"trust retail" means visitor serving public trust retail and
restaurant use.
(h)
( 9) Any parking included on Pier 30-32 is
limited to 500 spaces, located under active uses on Pier
30-32, substantially screened from public view, and designed
to avoid so that ingress and egress avoids
material interference with pedestrian , wheelchair, and
bicycle traffic along Herb Caen Way and material interference
with the public's access to and use of the open space on the
surface of the pier. Parking shall be designed to accommodate
visitors to the site and shall not be reserved for residential use.
(10) Public trust-consistent events, uses, and programming are
offered regularly at the site of the mixed-use development. The site
shall be made available to the Port or its designee for those events
on at least 15 days per year, including at least three days on which
the multipurpose venue shall be made available to the Port or its
designee for those events. These events shall include free and
low-cost visitor-serving events.
(11) A public community room is available at the site for free or
low-cost use by members of the public statewide, without preference
to local residents or organizations.
(12) The development of the site is required to be consistent with
a plan to address anticipated sea-level rise through year 2050,
which shall include enforceable strategies incorporating an adaptive
management approach to sea-level rise for the duration of the ground
lease term.
(13) The development approved for Seawall Lot 330 includes a hotel
or other visitor-serving uses that the Port finds will materially
enhance public trust uses on Pier 30-32 and the San Francisco
waterfront.
(b) (1) If a
multipurpose venue for events and public assembly is approved and
constructed on Pier 30-32, the Port shall submit and present at a
properly noticed public State Lands Commission meeting a trust
program report to the State Lands Commission, no later than five
years from the date of the opening of the multipurpose venue, and
every five years thereafter through the term of the ground lease for
the multipurpose venue , that contains all of the
following information:
(A) A list and description of the trust-related events and
programming that have occurred at the site of the mixed-use
development and in the multipurpose venue over the preceding
five-year period, including the dates on which the events occurred or
the multipurpose venue was made available for those events, and
identifying any free and low-cost visitor-serving events.
(B) A description of the efforts made by the Port, its tenants,
and subtenants to publicize the availability of Pier 30-32, including
the multipurpose venue, for trust-related events and other efforts
undertaken to solicit such events.
(C) A description of the maritime program on those portions of
Pier 30-32 within the purview of the Port or the City, including a
list of the facilities constructed, identification of any tenants,
licensees, or other operators of the maritime facilities, and a
description of the nature and frequency of the maritime use.
(D) A description of the tenants and use of the nonmaritime office
space and the use of the public community room on Pier 30-32.
(E) Any other information specifically requested by the State
Lands Commission that pertains to the City or Port program of trust
uses for Pier 30-32 and that is reasonably obtainable by the City or
Port.
(2) (A) The Port, and the City, if applicable, shall work
cooperatively with the executive officer of the State Lands
Commission to develop an implementation plan if the executive officer
of the State Lands Commission, upon review of the trust program
report, determines both of the following:
(i) That Pier 30-32 is not being used for at least 13
trust-related events annually at the site as a whole or is not being
used for at least three trust-related events annually at the
multipurpose venue as specified in paragraph (10) of subdivision (a);
or, that the City or the Port has not implemented the maritime
program for Pier 30-32 for its intended purposes, as specified in
paragraph (6) of subdivision (a).
(ii) That the Port, or the City, as applicable, has not taken
effective action to achieve the objectives specified in clause (i).
(B) The executive officer of the State Lands Commission shall
provide written notice to the Port and the City of a determination
under subparagraph (A) requiring the development of an implementation
plan, including the basis for that determination. An implementation
plan developed pursuant to this paragraph shall ensure that the
objectives of clause (i) of subparagraph (A) are met for the next
five-year reporting period and shall be consistent with the terms and
conditions set forth in governmental approvals for development of
the project and in then-existing leases and other contracts affecting
use of the site, including rights of leasehold mortgagees under
those contracts. In accordance with this subparagraph, the
implementation plan may include a plan for improving outreach,
publicity, or marketing efforts for trust events or to attract
maritime operators or users.
(3) In conjunction with the Port's report required in paragraph
(1), the tenant of the multipurpose venue shall submit and, if
requested by the executive officer of the State Lands Commission,
present at a properly noticed public State Lands Commission meeting,
an informational report to the State Lands Commission describing how
the event program at the multipurpose venue is meeting the objectives
for use of that venue set forth in paragraph (2) of subdivision (a).
SEC. 7. Section 6 of Chapter 489 of the Statutes of 2001 is
amended to read:
Sec. 6. The Legislature finds and declares that the 2000
amendments of the San Francisco Bay Plan and the
Special Area Plan by BCDC are authorized under subdivision (f) of
Section 66632 of the Government Code as necessary to protect the
health, safety, and welfare of the public in the entire bay area, and
BCDC's actions with respect to those amendments are hereby ratified
and confirmed.
SEC. 8. Section 7 of Chapter 489 of the Statutes of 2001, as
amended by Section 3 of Chapter 68 of the Statutes of 2003, is
amended to read:
Sec. 7. Any legislative or regulatory requirement for
findings of consistency with the public trust doctrine or the Burton
Act trust under the Special Area Plan, the Bay Plan, or any other
applicable statute, regulation, or plan shall be deemed satisfied if
the Port has made a finding that the Pier 30-32 development is
consistent with the requirements of Section 6
5 of the Pier 30-32 Revitalization Act
this act . Except as provided in this section,
with respect to a finding of consistency with the
public trust doctrine, nothing in that
this act is intended to limit the authority and
discretion of BCDC to approve or deny permits for the
projects multi use development
plan on Pier 30-32 generally described in that
this act in a manner consistent with the
McAteer-Petris Act, the Bay Plan, and the Special Area
Plan, and that act, or to including the
authority and discretion of BCDC to impose conditions on the permits
for the project. This act shall not limit the authority
and discretion of BCDC to enforce permits issued for the
projects described in that this act.
SEC. 9. Section 8 of Chapter 489 of the Statutes of 2001 is
amended to read:
Sec. 8. (a) For the purpose of effectuating the sale of the
street, including the conveyance of the street by the city, free of
the public trust and the Burton Act trust, the State Lands Commission
may convey to the city by patent all of the rights, title, and
interest held by the state by virtue of its sovereign trust title to
the street, including any public trust interest or Burton Act
reservation or trust interest, not heretofore conveyed, subject to
any reservations the State Lands Commission determines appropriate.
(b) In any case in which the state, pursuant to this act, conveys
filled tidelands and submerged lands transferred to the city pursuant
to the Burton Act, the state shall reserve all minerals and all
mineral rights in the lands of every kind and character now known to
exist or hereafter discovered, including, but not limited to, oil and
gas and rights thereto, together with the sole, exclusive, and
perpetual right to explore for, remove, and dispose of those minerals
by any means or methods suitable to the state or to its successors
and assignees, except that, notwithstanding the Burton Act, or
Section 6401 of the Public Resources Code, any such reservation shall
not include the right of the state or its successors or assignees in
connection with any mineral exploration, removal, or disposal
activity, to do either of the following:
(1) Enter upon, use, or damage the surface of the lands or
interfere with the use of the surface by any grantee or by the
grantee's successors or assignees.
(2) Conduct any mining activities of any nature whatsoever above a
plane located 500 feet below the surface of the lands without the
prior written permission of any grantee of the lands or the grantee's
successors or assignees.
(c) This section does not require the state, the city, or the Port
to reserve mineral rights in any portion of Seawall Lot 330,
including any portion of the street, that is conveyed pursuant to AB
418.
SEC. 10. Section 9 of Chapter 489 of the Statutes of 2001 is
amended to read:
Sec. 9. The city may, pursuant to Section 3 of Article X of the
California Constitution, sell the street to any private person,
partnership, or corporation, with the approval of the State Lands
Commission, if the city first finds that the sale is consistent with
the legislative findings and declarations set forth in Section 3.
That sale shall not be effective unless and until the State Lands
Commission, at a regular open meeting with the proposed sale of the
street as a properly scheduled agenda item, does or has done, all of
the following:
(a) Finds, or has found, that the consideration for the sale of
the street pursuant to Section 3 of Article X of the California
Constitution shall be the fair market value of the street.
(b) Adopts, or has adopted, a resolution approving the sale that
finds and declares that the street has been filled and reclaimed, is
cut off from access to the waters of San Francisco Bay, and is no
longer needed or required for the promotion of the public trust or
the Burton Act trust, and that no substantial interference with the
public trust or Burton Act trust uses and purposes will ensue by
virtue of the sale. The resolution shall also declare that the sale
is consistent with the findings and declarations in Section 3, and
the sale is in the best interests of the state and city. Upon
adoption of the resolution, or at a time that is specified in the
resolution, the street shall thereupon be free from the public trust
and the Burton Act trust.
(c) Finds, or has found, that the proceeds for the sale of the
street will be devoted to trust-related capital improvements by the
Port.
(d) This section does not apply to a conveyance of any portion of
Seawall Lot 330, including the street, that is made pursuant to AB
418.
SEC. 11. Section 11 of Chapter 489 of the Statutes of 2001 is
amended to read:
Sec. 11. A deed, patent, agreement, or other instrument executed
in furtherance of this act, or an action of the state, the city, or
the Port to approve the use, lease, or conveyance of any portion of
port property subject to this act, or to approve project agreements,
grant entitlements, or permits, or issue bonds or other indebtedness
in connection with the use and development of that property in
accordance with this act, shall be conclusively presumed to be valid,
unless held to be invalid in an appropriate proceeding in a court of
competent jurisdiction to determine the validity of the instrument,
agreement, or approval commenced within 60 days after the recording
of the instrument or agreement, or the recording of a memorandum
evidencing the instrument or agreement, or, in the case of an
approval, within 60 days after the approval.
SEC. 12. Section 13 of Chapter 489 of the Statutes of 2001 is
amended to read:
Sec. 13. (a) An action may be brought under Chapter 4 (commencing
with Section 760.010) of Title 10 of Part 2 of the Code of Civil
Procedure to establish title to any lands conveyed pursuant to this
act or by the parties to any agreement regarding a street sale or
exchange of land entered into pursuant to this act or pursuant to
Chapter 310 of the Statutes of 1987 to confirm the validity of the
agreement. Notwithstanding Section 764.080 of the Code of Civil
Procedure, the statement of decision in the action shall include a
recitation of the underlying facts and a determination whether the
conveyance or agreement meets the requirements of this act, and, if
applicable, Chapter 310 of the Statutes of 1987, Sections 3 and 4 of
Article X of the California Constitution, and any other law
applicable to the validity of the conveyance or agreement.
(b) For purposes of Section 764.080 of the Code of Civil
Procedure, and unless otherwise agreed in writing, an agreement
entered into pursuant to this act shall be deemed to be entered into
on the date it is executed by the executive officer of the
commission State Lands Commission , who shall be
the last of the parties to sign prior to the signature of the
Governor. The effective date of the agreement shall be deemed to be
the date on which it is executed by the Governor pursuant to Section
6107 of the Public Resources Code.
(c) An action may be brought under Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to
determine the legality and validity of a deed, patent, agreement, or
other instrument executed in furtherance of or authorized by this
act, or an action of the city or Port to use, lease, or convey any
property, or to approve project agreements, grant entitlements, or
permits, or issue bonds or other indebtedness in connection with the
use and development of that property, in accordance with this act.
Prior to the filing of an action, the Attorney General and the
executive officer of the commission State
Lands Commission shall be provided written notice of the action
and a copy of the complaint. An action authorized by this
subdivision may be combined with an action authorized by subdivision
(a).
SEC. 13. Section 14 of Chapter 489 of the Statutes of 2001 is
amended to read:
Sec. 14. (a) This act does not alter the
obligations of the city or the Port under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), including any obligation to
consider alternatives to a project proposed for Pier 30-32 or Seawall
Lot 330.
(b) If a mixed-use development at Pier 30-32 that includes a
multipurpose venue for events and public assembly meeting the
conditions of Section 5 of this act has not been approved within 10
years of the effective date of this act, the provisions of Section 5
and Section 7 of this act shall become inoperative as of the date
that is 10 years from the effective date of this act.
SEC. 14. For purposes of this act, subdivision (d) of Section 9
of Chapter 477 of the Statutes of 2011 of AB
418 shall not apply to any sale of Seawall Lot 330 if the
proceeds of the sale are applied to the cost of rehabilitating the
Pier 30-32 substructure or the cost of constructing maritime or
public access improvements on Pier 30-32.
SEC. 15. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances applicable only to the trust
lands described in this act.