Amended in Senate June 19, 2013

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 insteadbegin delete authorize the San Francisco Port Commission to approveend deletebegin insert authorizeend insert a mixed-use development on the San Francisco waterfront at Pier 30-32, which would include a multipurpose venuebegin insert for events and public assemblyend insert, ifbegin insert the State Lands Commission finds, at a properly noticed public meeting, thatend insert 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)
P3    1of the Government Code within the area defined in subdivision
2(a) of Section 66610 of the Government Code.

3(e) “Bay Plan” means the San Francisco Bay Plan as adopted
4and administered by BCDC pursuant to Title 7.2 (commencing
5with Section 66600) of the Government Code, including all
6amendments thereto.

7(f) “Brannan Street Wharf” means a major San Francisco
8waterfront park in the area of Piers 34 and 36, as identified in the
9Special Area Plan.

10(g) “Burton Act” means Chapter 1333 of the Statutes of 1968,
11as amended.

12(h) “Burton Act trust” means the statutory trust imposed by the
13Burton Act (Chapter 1333 of the Statutes of 1968, as amended),
14pursuant to which the state conveyed to the City and County of
15San Francisco, in trust, by transfer agreement, and subject to certain
16terms, conditions, and reservations, the state’s interest in certain
17tide and submerged lands.

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

begin insert

19(j) “Embarcadero Historic District” means the Port of San
20Francisco Embarcadero Historic District designated on the
21National Register of Historic Places.

end insert
begin delete

22(j)

end delete

23begin insert(end insertbegin insertk)end insert “McAteer-Petris Act” means Title 7.2 (commencing with
24Section 66000) of the Government Code, as that act may be
25amended from time to time.

begin delete

26(k)

end delete

27begin insert(end insertbegin insertl)end insert “Public trust” or “trust” means the common law public trust
28for commerce, navigation, and fisheries.

begin delete

29(l)

end delete

30begin insert(end insertbegin insertm)end insert “Port” means the City and County of San Francisco acting
31by and through the San Francisco Port Commission.

begin insert

32(n) “Port historic structure” means any building, structure, or
33other facility that is located on port property and either is
34individually listed or eligible for listing on the National Register
35of Historic Places, or has been designated as, or meets the
36standards for, a resource contributing to the historic significance
37of the Embarcadero Historic District.

end insert
begin delete

38(m)

end delete

39begin insert(end insertbegin inserto)end insert “San Francisco Bay” means those areas defined in Section
4066610 of the Government Code.

begin delete

P4    1(n)

end delete

2begin insert(end insertbegin insertp)end insert “San Francisco waterfront” means those portions of the area
3transferred to the Port pursuant to the Burton Act that also lie
4within the area defined in subdivisions (a) and (b) of Section 66610
5of the Government Code.

begin delete

6(o)

end delete

7begin insert(end insertbegin insertq)end insert “Seawall Lot 330” means that parcel of property, or any
8portion thereof, located in San Francisco identified on that certain
9map entitled SUR 790, and shown on Page 318 of the City and
10County of San Francisco 100 Scale Ownership Maps, which is on
11file with the city’s Bureau of Street Use and Mapping.

begin delete

12(p)

end delete

13begin insert(end insertbegin insertr)end insert “SB 815” means Chapter 660 of the Statutes of 2007, as
14amended.

begin delete

15(q)

end delete

16begin insert(end insertbegin inserts)end insert “Shoreline band jurisdiction” means the jurisdiction, powers,
17and duties of BCDC pursuant to Title 7.2 (commencing with
18Section 66600) of the Government Code to regulate uses within
19the area defined in subdivision (b) of Section 66610 of the
20Government Code to ensure, in part, maximum feasible public
21access, as prescribed in Section 66632.4 of the Government Code.

begin delete

22(r)

end delete

23begin insert(end insertbegin insertt)end insert “Special Area Plan” means the San Francisco Waterfront
24Special Area Plan, dated July 20, 2000, adopted by BCDC, as
25amended from time to time.

begin delete

26(s)

end delete

27begin insert(end insertbegin insertu)end insert “Street” means those lands located within the South
28Beach/China Basin Planning area of the San Francisco waterfront
29at Seawall Lot 330, and also lying within Parcel A of those lands
30transferred to the City and County of San Francisco pursuant to
31the Burton Act, as recorded May 14, 1969, in Book C 169 at Pages
32573 to 664, inclusive, in the San Francisco Recorder’s office, as
33more particularly described as that portion of Main Street, located
34between Bryant Street and the Embarcadero, vacated per Ordinance
3514-93 on January 11, 1993, on file with the San Francisco Bureau
36of Street Use and Mapping, in Book 10, Page 94. All streets and
37street lines described in the preceding sentence are in accordance
38with that certain map entitled SUR 790, and shown on Page 318
39of the City and County of San Francisco 100 Scale Ownership
40Maps, on file with the City’s Bureau of Street Use and Mapping.

begin delete

P5    1(t)

end delete

2begin insert(end insertbegin insertv)end insert “Trust retail uses” meansbegin insert retail establishments that facilitate
3and encourage public use of the waterfront and are consistent with
4the common law public trust, including, but not limited to,
5water-oriented retail,end insert
visitor-servingbegin delete retail andend deletebegin insert retail,end insert restaurant
6begin delete establishmentsend deletebegin insert establishments,end insert andbegin insert otherend insert similar retailbegin delete uses that
7facilitate and encourage public use of the waterfrontend delete
begin insert usesend insert.

begin insert

8(w) “Venue supporting retail uses” means retail establishments,
9other than trust retail uses, where the tenant occupying the retail
10space is a significant corporate sponsor in the multipurpose venue
11or is a primary tenant of the multipurpose venue.

end insert
begin delete

12(u)

end delete

13begin insert(end insertbegin insertx)end insert “Waterfront Land Use Plan” means the Waterfront Land
14Use Plan, including the Waterfront Design and Access Element,
15adopted by the port pursuant to Resolution No.begin delete 97-50end deletebegin insert 97end insertbegin insert-50end insert, as
16amended from time to time.

17

SEC. 3.  

Section 2 of Chapter 489 of the Statutes of 2001 is
18amended to read:

19

Sec. 2.  

The Legislature finds and declares all of the following:

20(a) Tide and submerged lands in California are held in trust for
21the enjoyment and use by the people of the state pursuant to the
22common law public trust doctrine. Public trust lands may be used
23for water-related purposes, including, but not limited to, commerce,
24navigation, fishing, swimming,begin delete generalend delete recreation, open space,
25and wildlife habitat.

26(b) In 1965, the Legislature adopted the McAteer-Petris Act to
27protect and enhance the San Francisco Bay and its natural
28resources. Among other things, the McAteer-Petris Act grants
29BCDC regulatory authority over further filling in San Francisco
30Bay through exercise of its bay jurisdiction, and limits that activity
31to (1) water-oriented uses that meet specified criteria; (2) minor
32fill that improves shoreline appearance or public access; and (3)
33activities necessary for the health,begin delete safetyend deletebegin insert safety,end insert and welfare of the
34public in the entire bay area. The McAteer-Petris Act also mandates
35BCDC to require the provision of maximum feasible access to the
36bay and its shoreline consistent with abegin delete project.end deletebegin insert project.end insert

37(c) In 1969, the Legislature received and acted uponbegin delete theend delete BCDC’s
38report and recommendations from a three-year study of the San
39Francisco Bay. The resulting Bay Plan contains, among other
40things, BCDC’s policies to guide use and protection of all areas
P6    1within BCDC’s jurisdiction, including the bay and the 100-foot
2shoreline band, and ensures that proposed projects, among other
3things, minimize bay fill and provide maximum feasible public
4access to the bay.

5(d) In 1969, pursuant to the Burton Act, the state conveyed by
6transfer agreement certain state tide and submerged lands to the
7Port. The lands are held by the Port in trust for purposes of
8commerce, navigation, and fisheries, and are subject to the terms
9and conditions specified in the Burton Act and the public trust.
10During the four decades since passage of the Burton Act, issues
11have arisen concerning the application of the McAteer-Petris Act
12to the piers along the San Francisco waterfront. To address those
13issues, BCDC and the Port undertook two intensive and careful
14planning processes, which lasted over nine years.

15(e) The first process culminated in 1997 with the adoption by
16the Port of the Waterfront Land Use Plan and with the adoption
17by the Board of Supervisors of the City and County of San
18Francisco and the Planning Commission of the City and County
19of conforming amendments to the City’s General Plan and Planning
20Code.

21(f) In July 2000, after the second five-year cooperative process
22involving the Port, BCDC, the Save San Francisco Bay
23Association, and numerous interested community groups and
24 individuals was completed, the Port adopted further amendments
25to the Waterfront Land Use Plan. BCDC also adopted amendments
26to the Special Area Plan that is incorporated into, and made a part
27of, the Bay Plan, to create consistent plans for the area of the San
28Francisco waterfront between Pier 35 and China Basin. At the
29present time, the Special Area Plan addresses specific
30McAteer-Petris Act issues relating to public access and the
31preservation and enhancement of open water as a bay resource in
32this area. The plan also defines public access opportunities on each
33pier in this area and calls for the removal of certain additional piers
34to enhance water views and create additional bay surface area.

35(g) A major objective of the joint effort described in subdivisions
36 (d), (e), and (f) is to establish a new criterion in the Bay Plan that
37would permit fill on the San Francisco waterfront in an area where
38a Special Area Plan has been adopted by BCDC for uses that are
39consistent with the public trust and the Burton Act trust. The
P7    1Special Area Plan for the area between Pier 35 and China Basin
2provides, in part, for all of following:

3(1) The nature and extent of maximum feasible public access
4to the bays and the waterfront, including perimeter access at the
5piers, a system of integrated public parks, promenades, a Bayside
6History Walk on most piers, and other significant access features
7on piers where appropriate.

8(2) Two major public plazas, the Brannan Street Wharf adjacent
9to Pier 30-32 and a new plaza at Pier 27.

10(3) A public planning process to lead to the creation of a third
11major public plaza in the Fisherman’s Wharf area.

12(4) The restoration and preservation of significant open water
13basins and areas through the removal of certain piers to uncover
14additional bay surface and the restriction of new bay fill in open
15water basins and areas to minor amounts needed to improve public
16access and shoreline appearance and accommodate permissible
17water-oriented uses.

18(5) The creation and funding of a special fund within the Port
19to finance the removal of the selected piers and the construction
20and maintenance of those public plazas.

21(6) A historic preservation mechanism to ensure preservation
22and enhancement of important historic resources on the piers,
23including the designation of the National Register Embarcadero
24Historic District.

25(7) The preservation and improvement of existing views and
26creation of new views of the bay from the shoreline.

27(8) The ability of the Port to repair, improve, or use the piers
28not designated for removal between Pier 35 and China Basin for
29any purpose consistent with the Burton Act, the publicbegin delete trustend deletebegin insert trust,end insert
30 and the Special Area Plan.

31(h) The San Francisco waterfront, which has been the subject
32of this planning process, provides benefits to the entire bay area,
33and serves as a unique destination for thebegin insert state andend insert region’s public.
34Thesebegin delete regionwideend deletebegin insert state and region wideend insert benefits include enjoyment
35of a unique, publicly owned waterfront that provides special
36maritime, navigational, recreational, cultural, and historical benefits
37that serve the bay area. Accordingly, the adoption by BCDC, and
38the ratification by the Legislature, of the Special Area Plan, as
39amended, is necessary to protect the health, safety, and welfare of
P8    1the public in the entire bay area for purposes of subdivision (f) of
2Section 66632 of the Government Code.

3(i) The Port is a valuable public trust asset, a vibrant and
4world-renowned tourist destination, and a vital component of the
5regional, state, and national economies. The Port faces unique
6 challenges in implementing the Waterfront Land Use Plan.
7Deferred maintenance on the Port’s numerous historic piers and
8other structures, together with limitations on revenue generating
9opportunities, has caused deteriorating conditions along the San
10Francisco waterfront. The Port’s estimate of the cost of
11implementing its capital plan is over two billion dollars
12($2,000,000,000), which substantially exceeds the projected
13revenues estimated by the Port to be available for these purposes.

14

SEC. 4.  

Section 3 of Chapter 489 of the Statutes of 2001 is
15amended to read:

16

Sec. 3.  

The Legislature also hereby finds and declares all of
17the following with respect to Seawall Lot 330 and the street:

18(a) The lands comprising the street are tide and submerged lands
19that have been filled and reclaimed, and were reserved to the state
20solely for street purposes.

21(b) The filled and reclaimed tide and submerged lands
22constituting the street have been filled and reclaimed for, and in
23connection with, a highly beneficial plan of improvement for harbor
24development.

25(c) The street is not used, suitable, or necessary for navigation
26purposes and is not necessary, or used for street purposes.

27(d) The street or any interests in the street that are to be sold by
28the city, and over which the Burton Act trust and the public trust
29 will be terminated, constitute a relatively small portion of the
30granted tide and submerged lands.

31(e) Section 3 of Article X of the California Constitution permits
32the sale to any city, county, city and county, municipal corporation,
33private person, partnership, or corporation of tidelands reserved
34to the state solely for street purposes, which tidelands the
35Legislature finds and declares are not used and not necessary for
36navigation purposes, subject to those conditions that the Legislature
37may impose to protect the public interest.

38(f) The existence of the street limits the potential development
39of Seawall Lot 330. The proposed sale will be consistent with
P9    1Section 3 of Article X of the California Constitution, if all of the
2 following conditions are met:

3(1) The consideration for the sale of the street, pursuant to
4Section 3 of Article X of the California Constitution, shall be the
5fair market value of those lands or interests in the lands.

6(2) The street to be sold by the city and over which the public
7trust or the Burton Act trust, or both trusts, will be terminated has
8been filled and reclaimed, and the street consisting entirely of dry
9land lying above the present line of mean high tide is no longer
10needed or required for the purposes of the public trust or the Burton
11Act trust.

12(3) The street to be sold by the city and over which the public
13trust or the Burton Act trust, or both trusts, will be terminated has
14been cut off from direct access to the waters of San Francisco Bay
15by past filling of intervening property for a major roadway (the
16Embarcadero), which has provided, and will continue to provide,
17lateral public access to the water.

18(4) The street was reserved to the state for street purposes and
19is not used or necessary for navigation purposes. Therefore, in
20accordance with Section 3 of Article X of the California
21Constitution, that street can and should be conveyed into private
22ownership for uses consistent with, and in furtherance of, this act.

23(g) It is therefore the intent of the Legislature, subject to the
24terms and conditions set forth in thisbegin delete actend deletebegin insert act,end insert to authorize the city
25to dispose of the street for private use free from the public trust or
26the Burton Act trust.

27(h) In 2003, the Port and the State Lands Commission entered
28into an exchange agreement pursuant to Chapter 310 of the Statutes
29of 1987 by which a portion of Seawall Lot 330 was freed from the
30public trust and the Burton Act trust and was sold for fair market
31value, the proceeds from which were dedicated to construction of
32the Brannan Street Wharf. The Legislature enacted SB 815 in 2007,
33which lifted the public trust and Burton Act trust use restrictions
34from the remainder of Seawall Lot 330, including the street, until
352094. In 2011, the Legislature enacted AB 418 in part to facilitate
36the America’s Cup, which, subject to certain conditions, freed the
37remainder of Seawall Lot 330, including the street, from the public
38trust and authorized the Port to sell Seawall Lot 330 at fair market
39value subject to the State Lands Commission’s approval.

P10   1(i) This section does not limit the effect of, or the authority
2granted to the Port by, SB 815 and AB 418 with respect to Seawall
3Lot 330, including the street.

4

SEC. 5.  

Section 4 of Chapter 489 of the Statutes of 2001 is
5amended to read:

6

Sec. 4.  

The Legislature further finds and declares that the
7following unique circumstances exist at Pier 30-32 on the San
8Francisco waterfront, and that therefore, this act sets no precedent
9for any other location or project in the state, including on the San
10Francisco waterfront or in San Francisco Bay:

11(a) The Pier 30-32 platform bayward of the Embarcadero
12consists of obsolete, pile-supported pier structures that are
13physically no longer capable of serving most trust-related purposes
14without substantial modification and repair. The pier is an
15approximately 13-acre facility centrally located along the
16 waterfront and with a natural deep water berth along its east face.
17However, the poor structural condition of Pier 30-32 currently
18limits the use of the pier to automobile parking and occasional,
19temporary use as a tertiary berth for cruise ships and other deep
20draft vessels. The pier has a limited remaining useful life. The Port
21estimates that the cost of removing the pier would exceed forty-five
22million dollars ($45,000,000).

23(b) Preserving Pier 30-32 requires a substantial capital
24investment to improve the piles and decking to modern seismic
25standards. The Port estimates that the cost of rehabilitating the pier
26substantially exceeds the Port’s estimates of the pier’s fair market
27value. The Port does not have adequate funding in its 10-year
28capital plan for the costs to improve or to remove the pier due to
29limited Port resources and competing Port priorities, including
30completion of a new international cruise terminal at Pier 27 and
31the preservation of historic maritime resources in the Port’s
32jurisdiction. The Port must conserve Port revenue to support those
33maritime uses and public improvements for which private
34investment is not economical.

35(c) Over the past decade, the Port has sought to preserve and
36develop Pier 30-32 through public-private partnerships. In 2001,
37the Legislature authorized the development of Pier 30-32 with a
38new cruise ship terminal, office space, and retail space. The need
39for a new cruise ship terminal has been recognized for over 40
40years. A 1998 assessment by the Port found that cruise industry
P11   1experts considered the present terminal at Pier 35 on the San
2Francisco waterfront to be inferior to other cruise terminals in the
3United States. That assessment also concluded that the existing
4San Francisco passenger terminal at Pier 35 cannot accommodate
5modern cruise ships. The Port’s 1998 assessment evaluated
6alternative locations for a new cruise ship terminal and concluded
7that Pier 30-32 was the most viable site for a new cruise terminal
8in San Francisco because of its position adjacent to deep water,
9site configuration, and development considerations. The Port
10solicited proposals and selected a developer for a cruise ship
11terminal at Pier 30-32. The developer subsequently abandoned
12that project after determining that the financial investment required
13to improve the substructure of Pier 30-32 was cost prohibitive,
14and no other developer could be found who was willing to accept
15assignment of the development rights for the project. The Port has
16since identified Pier 27 as the preferred location for its new cruise
17ship terminal in San Francisco, and construction of the terminal
18building is currently underway.

19(d) In 2011, the America’s Cup Event Authority proposed to
20improve Pier 30-32 to host racing teams and hospitality facilities
21during the America’s Cup in 2013, and to acquire long-term
22development rights to Pier 30-32. Those planned facilities were
23ultimately relocated to other piers due primarily to the cost of
24rehabilitating the substructure of Pier 30-32.

25(e) The Waterfront Land Use Plan and the Special Area Plan
26recognize that the development of Pier 30-32 and the surrounding
27area within the South Beach/China Basin subarea identified in the
28Waterfront Land Use Plan would further the public trust purposes
29of increasing maritime activities and expanding public use and
30enjoyment of the waterfront on trust lands at this location.

31(f) The Port now proposes a mixed-use development at Pier
3230-32, which will further public use, access, and enjoyment of the
33tidelands and surrounding water at this location by providing a
34multipurpose venue for events and public assembly, coupled with
35public access, open space, andbegin delete venue-supportingend deletebegin insert venue supportingend insert
36 or trust retail uses; significant maritime facilities, including an
37occasional berthing area for large vessels; bay-oriented recreational
38activities; and limited ancillary parking as reasonably necessary
39to meet the visitor-serving needs of the mixed-used development,
40including the multipurpose venue, all of which are designed to
P12   1preserve and improve public and visual access to the bay and its
2shoreline.

3(g) Pier 30-32 is ideally situated to provide public access to and
4enjoyment of the waterfront and bay. It is within walking distance
5of the Ferry Building, the San Francisco Giants baseball stadium,
6and regional transit hubs, including the Transbay Transit Center,
7which is under construction, has unmatched views of the Bay and
8the Bay Bridge, and is immediately adjacent to the Brannan Street
9Wharf project, which will provide a 58,700-square-foot
10pile-supported park over the bay, consistent with the Special Area
11Plan. The Port committed to the construction of the Brannan Street
12Wharf earlier than required under the Special Area Plan through
13investment of approximately twenty-five million dollars
14($25,000,000) for the removal of 175,000 square feet of
15pile-supported fill and development of public access improvements
16. The Brannan Street Wharf project is currently under construction
17and is anticipated to be completed by June 2013. The value of the
18Brannan Street Wharf as a recreational resource is diminished by
19the current condition and use of Pier 30-32, which cannot support
20dedicated public access on the pier and full realization of the
21Brannan Street Wharf Open Water Basin.

22(h) The inclusion of significant public access improvements,
23maritime facilities, andbegin delete venue-supportingend deletebegin insert venue supportingend insert or trust
24retail uses, together with a new multipurpose venue for events that
25bring people from around the state to the waterfront to use and
26enjoy the public trust assets of San Francisco, enhances and
27promotesbegin delete theend delete trust begin delete uses of the tidelands locationend delete begin insert purposes at Pier
2830-32end insert
.

29(i) The Port estimates the cost of the construction of the
30substructure and related improvements required to make Pier 30-32
31useable for the proposed mixed-use development is in excess of
32one hundred twenty million dollars ($120,000,000), which
33significantly exceeds the Port’s appraised fair market value of the
34pier. The Port plans to finance the substructure costs with private
35capital and the following public revenue sources: the proceeds
36from the sale or lease of Seawall Lot 330 pursuant to AB 418, rent
37credits for the lease of Pier 30-32 to the developer of the venue,
38property tax increment from an infrastructure financing district,
39and possibly special taxes from a community facilities district.
40Construction of the multipurpose venue structure will be entirely
P13   1privately financed and will not require any expenditure of money
2from the city’s general fund, or from other city or Port funds.

3(j) There are presently few visitor-serving amenities in the
4vicinity of Pier 30-32. The Port’s efforts to develop its property
5for hotel use have been unsuccessful. The development of the
6multipurpose venue at Pier 30-32 and the termination of the trust
7use restrictions at Seawall Lot 330 would create substantial new
8demand for visitor-serving uses at that location and would make
9those uses financially feasible as part of an overallbegin delete residentialend delete
10begin insert residential, visitor-serving,end insert and mixed-use development at Seawall
11Lot 330. Also, Seawall Lot 330 presents an opportunity to enhance
12the trust value of the project on Pier 30-32 by attracting more
13people to the waterfront and providing accommodations to people
14from both the San Francisco region and other areas of the state
15through visitor-serving uses, which may include visitor-serving
16retail,begin delete restaurantsend deletebegin insert restaurants,end insert or hotel use, or any combination of
17these.

18

SEC. 6.  

Section 5 of Chapter 489 of the Statutes of 2001, as
19amended by Section 2 of Chapter 68 of the Statutes of 2003, is
20amended to read:

21

begin deleteSec.5.end delete
22begin insertSec. 5.end insert  

(a) The Legislature, in the exercise of its retained power
23as trustee of the public trust, and in view of the unique
24circumstances existing at Pier 30-32 on the San Francisco
25waterfront and the considerable statewide public benefit and
26promotion of the public trust that will be brought about by the
27preservation, improvement, and modernization of the pier,
28construction of a new multipurpose venue for events and public
29assembly, establishment of maritime uses, improved public access,
30public use and enjoyment of the site, establishment of
31begin delete venue-supportingend deletebegin insert venue supportingend insert or trust retail uses on the site,
32and additional public trust benefits, hereby authorizesbegin delete the Port to
33approveend delete
a mixed-use development on the San Francisco waterfront
34at Pier 30-32 that includes a multipurpose venue for events and
35public assemblybegin insert,end insert if thebegin delete Port findsend deletebegin insert State Lands Commission finds,
36at a properly noticed public meeting,end insert
that all of the following
37conditions are met:

38(1) The mixed-use development is designed to attract people to
39the waterfront, increase public enjoyment of the San Francisco
P14   1Bay, encourage public trust activities, and enhance public use of
2trust assets and resources on the waterfront.

3(2) (A) The mixed-use development is designed to provide
4multiple significant views of the Bay Bridge and the San Francisco
5Bay from a variety of elevations and vantage points, including
6significant views of the Bay Bridge and the San Francisco Bay
7from the interior concourses of the multipurpose venue and views
8of the Bay Bridge from certain seating areas within the
9multipurpose venue.

10(B) The multipurpose venue facility is located to minimize
11interference with public views of San Francisco Bay to the extent
12feasible.

13(C) The multipurpose venue facility provides free public access
14to patrons and nonpatrons alike to exterior portions of the building
15from which the public can view the San Francisco Bay, subject to
16reasonable limitations based on security. In addition, to encourage
17the public to come to the bay’s edge, the design of the multipurpose
18venue shall provide significant free public views of the inside of
19the multipurpose venue from the outside, and the operator of the
20multipurpose venue shall be required to allow the public to view
21the inside of the multipurpose venue from the outside during events
22whenever feasible.

23(3) The mixed-use development is designed to achieve and
24enhance maximum feasible public access to and minimum fill in
25the bay in a manner that is consistent, as determined by BCDC in
26its separate permit process, with the Special Area Plan, the
27McAteer-Petris Act, and the Bay Plan.

28(4) The mixed-use development includes significant public
29plazas open to the public on a substantially permanent basis that
30can be accessed via public pedestrian promenades at the site that
31encourage public use of the site and provide a variety of views of
32the San Francisco Bay and the San Francisco cityscape.

33(5) The mixed-use development includes continuous public
34access around the perimeter of Pier 30-32 open to the public year
35round, with limited exceptions for temporarybegin delete safety-, security-,end delete
36begin insert safety, security, end insert and maritime-based interruptions, and includes
37an interpretive program to enhance the public’s enjoyment of the
38site.

P15   1(6) The mixed-use development includes a significant and
2appropriate maritime program, which shall be consistent with the
3Special Area Plan and shall include, but is not limited to:

4(A) A city fire station and berthing facilities for city fire boats,
5or, in lieu thereof, one or more other maritime uses on the north
6side of Pier 30-32.

7(B) Facilities for berthing at the east end of Pier 30-32,begin delete includingend delete
8begin insert including, but not limited to, end insert facilities that can accommodate
9periodic use by cruise or other deep draft vessels, or other facilities
10that promote the deep water berth at Pier 30-32.

11(C) Facilities that enable direct public access to the water by
12human-powered vessels or swimmers, if feasible, on the south side
13of Pier 30-32, or water-oriented recreational uses facing the
14Brannan Street Wharf open water basin.

15(D) Water-transit docking or berthing facilities for water taxis,
16ferries, or both.

17(7) Any nonmaritime office space on Pier 30-32 is limited to
1870,000 square feet, and any nonmaritime office space provided on
19Pier 30-32 is for use only by the primary tenants of the
20multipurpose venue for events and public assembly, thebegin delete venue,end delete
21begin insert venueend insert supporting or trust retail uses on Pier 30-32, and the
22operation and management of the open space and other public
23facilities on Pier 30-32.

24(8) begin deleteAll retail venues end deletebegin insertRetail uses end inserton Pier 30-32 are limited to
25begin delete venue-supporting orend delete trust retailbegin delete uses.end deletebegin insert usesend insertbegin insert and venue supporting
26retail uses that do not exceed 10,000 square feet per store and
2720,000 feet in the aggregate.end insert

begin delete

28(9) Any parking included on Pier 30-32 is limited to 500 spaces,
29located under active uses on Pier 30-32, substantially screened
30from public view, and designed so that ingress and egress avoids
31material interference with pedestrian, wheelchair, and bicycle
32traffic along Herb Caen Way and material interference with the
33public’s access to and use of the open space on the surface of the
34pier. Parking shall be designed to accommodate visitors to the site
35and shall not be reserved for residential use.

end delete
begin insert

36(9) Parking on Pier 30-32, when not in use for events located
37along the waterfront within the vicinity of the multipurpose venue,
38shall be limited to public parking. Management strategies for the
39public parking, including, but not limited to, time limits and rates,
40shall be structured so that the parking is accessible to visitors to
P16   1Pier 30-32 and use for residential or commuter parking is
2discouraged.

end insert

3(10) Public trust-consistent events, uses, and programming are
4offered regularly at the site of the mixed-use development. The
5site shall be made available to the Port or its designee for those
6events on at least 15 days per year, including at least three days
7on which the multipurpose venue shall be made available to the
8Port or its designee for those events. These events shall include
9free and low-cost visitor-serving events.

10(11) A public community room is available at the site for free
11or low-cost use by members of thebegin delete publicend delete statewidebegin insert publicend insert, without
12preference to local residents or organizations.

13(12) The development of the site is required to be consistent
14with a plan to address anticipated sea-level rise throughbegin insert theend insert year
152050, which shall include enforceable strategies incorporating an
16adaptive management approach to sea-level rise for the duration
17of the ground lease term.

18(13) The development approved for Seawall Lot 330 includes
19a hotel or other visitor-serving uses thatbegin delete the Port findsend delete will
20materially enhance public trust uses on Pier 30-32 and the San
21Francisco waterfront.

begin insert

22(14) The City has filed a notice of determination for the
23mixed-use development project at Pier 30-32 under the California
24Environmental Quality Act (Division 13 (commencing with Section
2521000) of the Public Resources Code), after the City’s board of
26supervisors and Port has approved the project, each following at
27least one public hearing.

end insert
begin insert

28(15) A major permit application for the mixed-use development
29at Pier 30-32 has been submitted to BCDC.

end insert
begin insert

30(b) The State Lands Commission staff shall consult with BCDC
31staff prior to placing an action item on the agenda for the State
32Lands Commission to determine whether the mixed-use
33development at Pier 30-32 is consistent with the requirements of
34this section.

end insert
begin delete

35(b)

end delete

36begin insert(end insertbegin insertc)end insert (1) If a multipurpose venue for events and public assembly
37is approved and constructed on Pier 30-32, the Port shall submit
38and present at a properly noticed public State Lands Commission
39meeting a trust program report to the State Lands Commission, no
40later than five years from the date of the opening of the
P17   1multipurpose venue, and every five years thereafter through the
2term of the ground lease for the multipurpose venue, that contains
3all of the following information:

4(A) A list and description of the trust-related events and
5programming that have occurred at the site of the mixed-use
6development and in the multipurpose venue over the preceding
7five-year period, including the dates on which the events occurred
8or the multipurpose venue was made available for those events,
9and identifying any free and low-cost visitor-serving events.

10(B) A description of the efforts made by the Port, its tenants,
11and subtenants to publicize the availability of Pier 30-32, including
12the multipurpose venue, for trust-related events and other efforts
13undertaken to solicit such events.

14(C) A description of the maritime program on those portions of
15Pier 30-32 within the purview of the Port or the City, including a
16list of the facilities constructed, identification of any tenants,
17licensees, or other operators of the maritime facilities, and a
18description of the nature and frequency of the maritime use.

19(D) A description of the tenants and use of the nonmaritime
20office space and the use of the public community room on Pier
2130-32.

22(E) Any other information specifically requested by the State
23Lands Commission that pertains to the City or Port program of
24trust uses for Pier 30-32 and that is reasonably obtainable by the
25City or Port.

26(2) (A) The Port, and the City, if applicable, shall work
27cooperatively with the executive officer of the State Lands
28Commission to develop an implementation plan if the executive
29officer of the State Lands Commission, upon review of the trust
30program report, determines both of the following:

31(i) That Pier 30-32 is not being used for at leastbegin delete 13end deletebegin insert 15end insert
32 trust-related events annually at the site as a whole or is not being
33used for at least three trust-related events annually at the
34multipurpose venue as specified in paragraph (10) of subdivision
35(a); or, that the City or the Port has not implemented the maritime
36program for Pier 30-32 for its intended purposes, as specified in
37paragraph (6) of subdivision (a).

38(ii) That the Port, or the City, as applicable, has not taken
39effective action to achieve the objectives specified in clause (i).

P18   1(B) The executive officer of the State Lands Commission shall
2provide written notice to the Port and the City of a determination
3under subparagraph (A) requiring the development of an
4implementation plan, including the basis for that determination.
5An implementation plan developed pursuant to this paragraph shall
6ensure that the objectives of clause (i) of subparagraph (A) are met
7for the next five-year reporting period and shall be consistent with
8the terms and conditions set forth in governmental approvals for
9development of the project and in then-existing leases and other
10contracts affecting use of the site, including rights of leasehold
11mortgagees under those contracts. In accordance with this
12subparagraph, the implementation plan may include a plan for
13improving outreach, publicity, or marketing efforts for trust events
14or to attract maritime operators or users.

15(3) In conjunction with the Port’s report required in paragraph
16(1), the tenant of the multipurpose venue shall submit and, if
17requested by the executive officer of the State Lands Commission,
18present at a properly noticed public State Lands Commission
19meeting, an informational report to the State Lands Commission
20describing how the event program at the multipurpose venue is
21meeting the objectives for use of that venue set forth in paragraph
22(2) of subdivision (a).

23

SEC. 7.  

Section 6 of Chapter 489 of the Statutes of 2001 is
24amended to read:

25

Sec. 6.  

The Legislature finds and declares that the 2000
26amendments of the Bay Plan and the Special Area Plan by BCDC
27are authorized under subdivision (f) of Section 66632 of the
28Government Code as necessary to protect the health, safety, and
29welfare of the public in the entire bay area, and BCDC’s actions
30with respect to those amendments are hereby ratified and
31confirmed.

32

SEC. 8.  

Section 7 of Chapter 489 of the Statutes of 2001, as
33amended by Section 3 of Chapter 68 of the Statutes of 2003, is
34amended to read:

35

Sec. 7.  

begin insert(a)end insertbegin insertend insert Any legislative or regulatory requirement for
36findings of consistency with the public trust doctrine or the Burton
37Act trust under the Special Area Plan, the Bay Plan, or any other
38applicable statute, regulation, or plan shall be deemed satisfied if
39thebegin delete Portend deletebegin insert State Lands Commissionend insert hasbegin delete made a findingend deletebegin insert foundend insert that
P19   1thebegin delete Pier 30-32end deletebegin insert mixedend insertbegin insert-useend insert developmentbegin insert on Pier 30-32end insert is consistent
2with the requirements of Sectionbegin delete 5end deletebegin insert 6end insert of this act.begin delete Exceptend delete

3begin insert(b)end insertbegin insertend insertbegin insert Exceptend insert with respect to a finding of consistency with the
4public trust doctrine, nothing in this act is intended to limit the
5authority and discretion of BCDC to approve or deny permits for
6thebegin delete multiuseend deletebegin insert mixed-use end insert developmentbegin delete planend delete on Pier 30-32 generally
7described in this act in a manner consistent with the McAteer-Petris
8Act, the Bay Plan, and the Special Area Plan, including the
9authority and discretion of BCDC to impose conditions on the
10permits for the project.begin insert Except as provided in subdivision (a), the
11project’s consistency with the requirements of Section 6 of this act
12shall not be conclusive on BCDC in the exercise of its discretion
13to determine whether the mixed-use development on Pier 30-32 is
14consistent with the McAteer-Petris Act and the policies of the Bay
15Plan and the Special Area Plan.end insert
This act shall not limit the
16authority and discretion of BCDC to enforce permits issued for
17the projects described in this act.

begin insert

18(c) In its environmental analysis pursuant to the California
19Environmental Quality Act (Division 13 (commencing with Section
2021000) of the Public Resources Code), the City shall examine
21distributed parking alternatives to serve events at the multipurpose
22venue designed to minimize traffic impacts on the Embarcadero
23and on the Herb Caen Way promenade, including, but not limited
24to, parking alternatives on the west side of the Embarcadero, before
25finalizing a planned number of parking spaces.

end insert
begin insert

26(d) In its major permit for the project, BCDC may establish a
27maximum number of parking spaces on Pier 30-32 and parking
28management operational measures for that parking, consistent
29with the McAteer-Petris Act, the Bay Plan, the Special Area Plan,
30and the following criteria:

end insert
begin insert

31(1) The amount of parking shall not exceed the minimum amount
32necessary to accommodate the public’s use of Pier 30-32, taking
33into account land and water public transportation systems and
34offsite parking facilities that serve or are planned to serve the site.

end insert
begin insert

35(2) Parking shall be located under active uses on Pier 30-32
36and shall be screened from public view.

end insert
begin insert

37(3) Structures enclosing the parking shall be constructed to
38minimize impacts on views to public access areas on Pier 30-32
39and to the Bay and on the usability and attractiveness of public
40access on top of the parking structure.

end insert
begin insert

P20   1(4) Parking on the pier, and any new signalized intersection
2made necessary by parking on the pier, shall not materially impair
3the current and future use of Herb Caen Way as a regionally
4significant pedestrian, bicycle and public access way, and the
5provision of ground-level perimeter access on the pier.

end insert
begin insert

6(e) (1) The Pier 30-32 project shall include offsite public
7benefits that would not ordinarily be required in a major permit,
8which benefits shall be developed through a public process
9conducted by BCDC and the Port and approved by BCDC, either
10through this section or through an amendment to the Special Area
11Plan.

end insert
begin insert

12(2) In considering whether to issue a major permit for the
13mixed-use development on Pier 30-32 that the State Lands
14Commission has found to be consistent with Section 6 of this act,
15BCDC may consider the offsite public benefits proposed as part
16of the development project developed pursuant to paragraph (1),
17together with the project’s onsite public benefits, in determining
18whether the project is consistent, on balance, with the adopted
19policies of the Bay Plan and Special Area Plan, including, but not
20limited to, the Special Area Plan policies for piers not designated
21for removal, which apply to Pier 30-32.

end insert
begin insert

22(3) For purposes of this subdivision public benefits developed
23pursuant to this section may include but are not limited to, any of
24the following:

end insert
begin insert

25(A) Rehabilitation of a Port historic structure or a substantial
26portion thereof.

end insert
begin insert

27(B) Bay view enhancement by accelerating the removal of a
28pier shed or other structure presently obstructing public views of
29the bay. If the removal of the structure is not currently required
30pursuant to the Special Area Plan and the removal of the structure
31provides bay views of a similar quality to that afforded by removal
32of a Port historic structure currently required by the Special Area
33Plan, any such removal shall be deemed to satisfy the existing
34requirement for removal of a Port historic structure.

end insert
begin insert

35(C) Bicycle or pedestrian improvements to enhance public
36access in the vicinity of the Pier 30-32 site.

end insert
37

SEC. 9.  

Section 8 of Chapter 489 of the Statutes of 2001 is
38amended to read:

39

Sec. 8.  

(a) For the purpose of effectuating the sale of the street,
40including the conveyance of the street by the city, free of the public
P21   1trust and the Burton Act trust, the State Lands Commission may
2convey to the city by patent all of the rights, title, and interest held
3by the state by virtue of its sovereign trust title to the street,
4including any public trust interest or Burton Act reservation or
5trust interest, not heretofore conveyed, subject to any reservations
6the State Lands Commission determines appropriate.

7(b) In any case in which the state, pursuant to this act, conveys
8filled tidelands and submerged lands transferred to the city pursuant
9to the Burton Act, the state shall reserve all minerals and all mineral
10rights in the lands of every kind and character now known to exist
11or hereafter discovered, including, but not limited to, oil and gas
12and rights thereto, together with the sole, exclusive, and perpetual
13right to explore for, remove, and dispose of those minerals by any
14means or methods suitable to the state or to its successors and
15assignees, except that, notwithstanding the Burton Act, or Section
166401 of the Public Resources Code, any such reservation shall not
17include the right of the state or its successors or assignees in
18connection with any mineral exploration, removal, or disposal
19activity, to do either of the following:

20(1) Enter upon, use, or damage the surface of the lands or
21interfere with the use of the surface by any grantee or by the
22grantee’s successors or assignees.

23(2) Conduct any mining activities of any nature whatsoever
24above a plane located 500 feet below the surface of the lands
25without the prior written permission of any grantee of the lands or
26the grantee’s successors or assignees.

27(c) This section does not require the state, the city, or the Port
28to reserve mineral rights in any portion of Seawall Lot 330,
29including any portion of the street, that is conveyed pursuant to
30AB 418.

31

SEC. 10.  

Section 9 of Chapter 489 of the Statutes of 2001 is
32amended to read:

33

Sec. 9.  

The city may, pursuant to Section 3 of Article X of the
34California Constitution, sell the street to any private person,
35partnership, or corporation, with the approval of the State Lands
36Commission, if the city first finds that the sale is consistent with
37the legislative findings and declarations set forth in Section 3. That
38sale shall not be effective unless and until the State Lands
39Commission, at a regular open meeting with the proposed sale of
P22   1the street as a properly scheduled agenda item,begin delete doesend deletebegin insert does,end insert or has
2done, all of the following:

3(a) Finds, or has found, that the consideration for the sale of the
4street pursuant to Section 3 of Article X of the California
5Constitution shall be the fair market value of the street.

6(b) Adopts, or has adopted, a resolution approving the sale that
7finds and declares that the street has been filled and reclaimed, is
8cut off from access to the waters of San Francisco Bay, and is no
9longer needed or required for the promotion of the public trust or
10the Burton Act trust, and that no substantial interference with the
11public trust or Burton Act trust uses and purposes will ensue by
12virtue of the sale. The resolution shall also declare that the sale is
13consistent with the findings and declarations in Section 3, and the
14sale is in the best interests of the state and city. Upon adoption of
15the resolution, or at a time that is specified in the resolution, the
16street shall thereupon be free from the public trust and the Burton
17Act trust.

18(c) Finds, or has found, that the proceeds for the sale of the
19street will be devoted to trust-related capital improvements by the
20Port.

21(d) This section does not apply to a conveyance of any portion
22of Seawall Lot 330, including the street, that is made pursuant to
23AB 418.

24

SEC. 11.  

Section 11 of Chapter 489 of the Statutes of 2001 is
25amended to read:

26

Sec. 11.  

A deed, patent, agreement, or other instrument
27executed in furtherance of this act, or an action of the state, the
28city, or the Port to approve the use, lease, or conveyance of any
29portion of port property subject to this act, or to approve project
30agreements, grant entitlements, or permits, or issue bonds or other
31indebtedness in connection with the use and development of that
32property in accordance with this act, shall be conclusively
33presumed to be valid, unless held to be invalid in an appropriate
34proceeding in a court of competent jurisdiction to determine the
35validity of the instrument, agreement, or approval commenced
36within 60 days after the recording of the instrument or agreement,
37or the recording of a memorandum evidencing the instrument or
38agreement, or, in the case of an approval, within 60 days after the
39approval.

P23   1

SEC. 12.  

Section 13 of Chapter 489 of the Statutes of 2001 is
2amended to read:

3

Sec. 13.  

(a) An action may be brought under Chapter 4
4(commencing with Section 760.010) of Title 10 of Part 2 of the
5Code of Civil Procedure to establish title to any lands conveyed
6pursuant to this act or by the parties to any agreement regarding a
7street sale or exchange of land entered into pursuant to this act or
8pursuant to Chapter 310 of the Statutes of 1987 to confirm the
9validity of the agreement. Notwithstanding Section 764.080 of the
10Code of Civil Procedure, the statement of decision in the action
11shall include a recitation of the underlying facts and a determination
12whether the conveyance or agreement meets the requirements of
13this act, and, if applicable, Chapter 310 of the Statutes of 1987,
14Sections 3 and 4 of Article X of the California Constitution, and
15any other law applicable to the validity of the conveyance or
16agreement.

17(b) For purposes of Section 764.080 of the Code of Civil
18Procedure, and unless otherwise agreed in writing, an agreement
19entered into pursuant to this act shall be deemed to be entered into
20on the date it is executed by the executive officer of the State Lands
21Commission, who shall be the last of the parties to sign prior to
22the signature of the Governor. The effective date of the agreement
23shall be deemed to be the date on which it is executed by the
24Governor pursuant to Section 6107 of the Public Resources Code.

25(c) An action may be brought under Chapter 9 (commencing
26with Section 860) of Title 10 of Part 2 of the Code of Civil
27Procedure to determine the legality and validity of a deed, patent,
28agreement, or other instrument executed in furtherance of or
29authorized by this act, or an action of the city or Port to use, lease,
30or convey any property, or to approve project agreements, grant
31entitlements, or permits, or issue bonds or other indebtedness in
32connection with the use and development of that property, in
33accordance with this act. Prior to the filing of an action, the
34Attorney General and the executive officer of the State Lands
35Commission shall be provided written notice of the action and a
36copy of the complaint. An action authorized by this subdivision
37may be combined with an action authorized by subdivision (a).

38

SEC. 13.  

Section 14 of Chapter 489 of the Statutes of 2001 is
39amended to read:

P24   1

Sec. 14.  

(a) This act does not alter the obligations of the city
2or the Port under the California Environmental Quality Act
3(Division 13 (commencing with Section 21000) of the Public
4Resources Code), including any obligation to consider alternatives
5to a project proposed for Pier 30-32 or Seawall Lot 330.

6(b) If a mixed-use development at Pier 30-32 that includes a
7multipurpose venue for events and public assembly meeting the
8conditions of Sectionbegin delete 5end deletebegin insert 6end insert of this act has not been approved within
910 years of the effective date of this act, the provisions of Section
10begin delete 5end deletebegin insert 6end insert and Sectionbegin delete 7end deletebegin insert 8end insert of this act shall become inoperative as of the
11date that is 10 years from the effective date of this act.

12

SEC. 14.  

For purposes of this act, subdivision (d) of Section
139 of AB 418 shall not apply to any sale of Seawall Lot 330 if the
14proceeds of the sale are applied to the cost of rehabilitating the
15Pier 30-32 substructure or the cost of constructing maritime or
16public access improvements on Pier 30-32.

17

SEC. 15.  

The Legislature finds and declares that a special law
18is necessary and that a general law cannot be made applicable
19within the meaning of Section 16 of Article IV of the California
20Constitution because of the unique circumstances applicable only
21to the trust lands described in this act.



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