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 a mixed-use development on the San Francisco waterfront at Pier 30-32, which would include a multipurpose venue for events and public assembly, if the State Lands Commission finds, at a properly noticed public meeting, that 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:
This act shall be known, and may be cited, as the
2Pier 30-32 Revitalization Act.
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:
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.
P3 1(d) “Bay jurisdiction” means the jurisdiction, powers, and duties
2of BCDC pursuant to Title 7.2 (commencing with Section 66600)
3of the Government Code within the area defined in subdivision
4(a) of Section 66610 of the Government Code.
5(e) “Bay Plan” means the San Francisco Bay Plan as adopted
6and administered by BCDC pursuant to Title 7.2 (commencing
7with Section 66600) of the Government Code, including all
9(f) “Brannan Street Wharf” means a major San Francisco
10waterfront park in the area of Piers 34 and 36, as identified in the
11Special Area Plan.
12(g) “Burton Act” means Chapter 1333 of the Statutes of 1968,
14(h) “Burton Act trust” means the statutory trust imposed by the
15Burton Act (Chapter 1333 of the Statutes of 1968, as amended),
16pursuant to which the state conveyed to the City and County of
17San Francisco, in trust, by transfer agreement, and subject to certain
18terms, conditions, and reservations, the state’s interest in certain
19tide and submerged lands.
20(i) “City” means the City and County of San Francisco.
21(j) “Embarcadero Historic District” means the Port of San
22Francisco Embarcadero Historic District designated on the National
23Register of Historic Places.
24(k) “McAteer-Petris Act” means Title 7.2 (commencing with
25Section 66000) of the Government Code, as that act may be
26amended from time to time.
27(l) “Public trust” or “trust” means the common law public trust
28for commerce, navigation, and fisheries.
29(m) “Port” means the City and County of San Francisco acting
30by and through the San Francisco Port Commission.
31(n) “Port historic structure” means any building,
32other facility that is located on port property and either is
33individually listed or eligible for listing on the National Register
34of Historic Places, or has been designated as, or meets the standards
35for, a resource contributing to the historic significance of the
36Embarcadero Historic District.
37(o) “San Francisco Bay” means those areas defined in Section
3866610 of the Government Code.
39(p) “San Francisco waterfront” means those portions of the area
40transferred to the Port pursuant to the Burton Act that also lie
P4 1within the area defined in subdivisions (a) and (b) of Section 66610
2of the Government Code.
3(q) “Seawall Lot 330” means that parcel of property, or any
4portion thereof, located in San Francisco identified on that certain
5map entitled SUR 790, and shown on Page 318 of the City and
6County of San Francisco 100 Scale Ownership Maps, which is on
7file with the city’s Bureau of Street Use and Mapping.
begin delete(rend delete) “SB 815” means Chapter 660 of the Statutes of 2007, as
10(s) “Shoreline band jurisdiction” means the jurisdiction, powers,
11and duties of BCDC pursuant to Title 7.2 (commencing with
12Section 66600) of the Government Code to regulate uses within
13the area defined in subdivision (b) of Section 66610 of the
14Government Code to ensure, in part, maximum feasible public
15access, as prescribed in Section 66632.4 of the Government Code.
16(t) “Special Area Plan” means the San Francisco Waterfront
17Special Area Plan, dated July 20, 2000, adopted by BCDC, as
18amended from time to time.
19(u) “Street” means those lands located within the South
20Beach/China Basin Planning area of the San Francisco waterfront
21at Seawall Lot 330, and also lying within Parcel A of those lands
22transferred to the City and County of San Francisco pursuant to
23the Burton Act, as recorded May 14, 1969, in Book C 169 at Pages
24573 to 664, inclusive, in the San Francisco Recorder’s office, as
25more particularly described as that portion of Main Street, located
26between Bryant Street and the Embarcadero, vacated per Ordinance
2714-93 on January 11, 1993, on file with the San Francisco Bureau
28of Street Use and Mapping, in Book 10, Page 94. All streets and
29street lines described in the preceding sentence are in accordance
30with that certain map entitled SUR 790, and shown on Page 318
31of the City and County of San Francisco 100 Scale Ownership
32Maps, on file with the City’s Bureau of Street Use and Mapping.
33(v) “Trust retail uses” means retail establishments that facilitate
34and encourage public use of the waterfront and are consistent with
35the common law public trust, including, but not limited to,
36water-oriented retail, visitor-serving retail, restaurant
37establishments, and other similar retail uses.
38(w) “Venue supporting retail uses” means retail establishments,
39other than trust retail uses, where the tenant occupying the retail
P5 1space is a significant corporate sponsor in the multipurpose venue
2or is a primary tenant of the multipurpose venue.
3(x) “Waterfront Land Use Plan” means the Waterfront Land
4Use Plan, including the Waterfront Design and Access Element,
5adopted by the port pursuant to Resolution No. 97-50, as amended
6from time to time.
Section 2 of Chapter 489 of the Statutes of 2001 is
8amended to read:
The Legislature finds and declares all of the following:
10(a) Tide and submerged lands in California are held in trust for
11the enjoyment and use by the people of the state pursuant to the common law public
13trust doctrine. Public trust lands may be used for water-related
14purposes, including, but not limited to, commerce, navigation,
15fishing, swimming, recreation, open space, and wildlife habitat.
16(b) In 1965, the Legislature adopted the McAteer-Petris Act to
17protect and enhance the San Francisco Bay and its natural
18resources. Among other things, the McAteer-Petris Act grants
19BCDC regulatory authority over further filling in San Francisco
20Bay through exercise of its bay jurisdiction, and limits that activity
21to (1) water-oriented uses that meet specified criteria; (2) minor
22fill that improves shoreline appearance or public access; and (3)
23activities necessary for the health, safety, and welfare of the public
24in the entire bay area. The McAteer-Petris Act also mandates
25BCDC to require the provision of maximum feasible access to the
26bay and its shoreline consistent with a project.
27(c) In 1969, the Legislature received and acted upon BCDC’s
28report and recommendations from a three-year study of the San
29Francisco Bay. The resulting Bay Plan contains, among other
30things, BCDC’s policies to guide use and protection of all areas
31within BCDC’s jurisdiction, including the bay and the 100-foot
32shoreline band, and ensures that proposed projects, among other
33things, minimize bay fill and provide maximum feasible public
34access to the bay.
35(d) In 1969, pursuant to the Burton Act, the state conveyed by
36transfer agreement certain state tide and submerged lands to the
37Port. The lands are held by the Port in trust for purposes of commerce, navigation, and
39fisheries, and are subject to the terms and conditions specified in
40the Burton Act and the public trust. During the four decades since
P6 1passage of the Burton Act, issues have arisen concerning the
2application of the McAteer-Petris Act to the piers along the San
3Francisco waterfront. To address those issues, BCDC and the Port
4undertook two intensive and careful planning processes, which
5lasted over nine years.
6(e) The first process culminated in 1997 with the adoption by
7the Port of the Waterfront Land Use Plan and with the adoption
8by the Board of Supervisors of the City and County of San
9Francisco and the Planning Commission of the City and County
10of conforming amendments to the City’s General Plan and Planning
12(f) In July 2000, after the second five-year cooperative process
13involving the Port, BCDC, the Save San Francisco Bay
14Association, and numerous interested community groups and
15individuals was completed, the Port adopted further amendments
16to the Waterfront Land Use Plan. BCDC also adopted amendments
17to the Special Area Plan that is incorporated into, and made a part
18of, the Bay Plan, to create consistent plans for the area of the San
19Francisco waterfront between Pier 35 and China Basin. At the
20present time, the Special Area Plan addresses specific
21McAteer-Petris Act issues relating to public access and the
22preservation and enhancement of open water as a bay resource in
23this area. The plan also defines public access opportunities on each
24pier in this area and calls for the removal of certain additional piers
25to enhance water views and create additional bay surface area.
26(g) A major objective of the joint effort described in subdivisions
27(d), (e), and (f) is to establish a new criterion in the Bay Plan that
28would permit fill on the San Francisco waterfront in an area where
29a Special Area Plan has been adopted by BCDC for uses that are
30consistent with the public trust and the Burton Act trust. The
31Special Area Plan for the area between Pier 35 and China Basin
32provides, in part, for all of following:
33(1) The nature and extent of maximum feasible public access
34to the bays and the waterfront, including perimeter access at the
35piers, a system of integrated public parks, promenades, a Bayside
36History Walk on most piers, and other significant access features
37on piers where appropriate.
38(2) Two major public plazas, the Brannan Street Wharf adjacent
39to Pier 30-32 and a new plaza at Pier 27.
P7 1(3) A public planning process to lead to the creation of a third
2major public plaza in the Fisherman’s Wharf area.
3(4) The restoration and preservation of significant open water
4basins and areas through the removal of certain piers to uncover
5additional bay surface and the restriction of new bay fill in open
6water basins and areas to minor amounts needed to improve public
7access and shoreline appearance and accommodate permissible
9(5) The creation and funding of a special fund within the Port
10to finance the removal of the selected piers and the construction
11and maintenance of those public plazas.
12(6) A historic preservation mechanism to ensure preservation
13and enhancement of important historic resources on the piers,
14including the designation of the National Register Embarcadero
16(7) The preservation and improvement of existing views and
17creation of new views of the bay from the shoreline.
18(8) The ability of the Port to repair, improve, or use the piers
19not designated for removal between Pier 35 and China Basin for
20any purpose consistent with the Burton Act, the public trust, and
21the Special Area Plan.
22(h) The San Francisco waterfront, which has been the subject
23of this planning process, provides benefits to the entire bay area,
24and serves as a unique destination for the state and region’s public.
25These state and region wide benefits include enjoyment of a unique,
26publicly owned waterfront that provides special maritime,
27navigational, recreational, cultural, and historical benefits that
28serve the bay area. Accordingly, the adoption by BCDC, and the
29ratification by the Legislature, of the Special Area Plan, as
30amended, is necessary to protect the health, safety, and welfare of
31the public in the entire bay area for purposes of subdivision (f) of
32Section 66632 of the Government Code.
33(i) The Port is a valuable public trust asset, a vibrant and
34world-renowned tourist destination, and a vital component of the
35regional, state, and national economies. The Port faces unique
36challenges in implementing the Waterfront Land Use Plan.
37Deferred maintenance on the Port’s numerous historic piers and
38other structures, together with limitations on revenue generating
39opportunities, has caused deteriorating conditions along the San
40Francisco waterfront. The Port’s estimate of the cost of
P8 1implementing its capital plan is over two billion dollars
2($2,000,000,000), which substantially exceeds the projected
3revenues estimated by the Port to be available for these purposes.
Section 3 of Chapter 489 of the Statutes of 2001 is
5amended to read:
The Legislature also hereby finds and declares all of
7the following with respect to Seawall Lot 330 and the street:
8(a) The lands comprising the street are tide and submerged lands
9that have been filled and reclaimed, and were reserved to the state
10solely for street purposes.
11(b) The filled and reclaimed tide and submerged lands
12constituting the street have been filled and reclaimed for, and in
13connection with, a highly beneficial plan of improvement for harbor
15(c) The street is not used, suitable, or necessary for navigation
16purposes and is not necessary, or used for street purposes.
17(d) The street or any interests in the street that are to be sold by
18the city, and over which the Burton Act trust and the public trust
19will be terminated, constitute a relatively small portion of the
20granted tide and submerged lands.
21(e) Section 3 of Article X of the California Constitution permits
22the sale to any city, county, city and county, municipal corporation,
23private person, partnership, or corporation of tidelands reserved
24to the state solely for street purposes, which tidelands the
25Legislature finds and declares are not used and not necessary for
26navigation purposes, subject to those conditions that the Legislature
27may impose to protect the public interest.
28(f) The existence of the street limits the potential development
29of Seawall Lot 330. The proposed sale will be consistent with
30Section 3 of Article X of the California Constitution, if all of the
31 following conditions are met:
32(1) The consideration for the sale of the street, pursuant to
33Section 3 of Article X of the California Constitution, shall be the
34fair market value of those lands or interests in the lands.
35(2) The street to be sold by the city and over which the public
36trust or the Burton Act trust, or both trusts, will be terminated has
37been filled and reclaimed, and the street consisting entirely of dry
38land lying above the present line of mean high tide is no longer
39needed or required for the purposes of the public trust or the Burton
P9 1(3) The street to be sold by the city and over which the public
2trust or the Burton Act trust, or both trusts, will be terminated has
3been cut off from direct access to the waters of San Francisco Bay
4by past filling of intervening property for a major roadway (the
5Embarcadero), which has provided, and will continue to provide,
6lateral public access to the water.
7(4) The street was reserved to the state for street purposes and
8is not used or necessary for navigation purposes. Therefore, in
9accordance with Section 3 of Article X of the California
10Constitution, that street can and should be conveyed into private
11ownership for uses consistent with, and in furtherance of, this act.
12(g) It is therefore the intent of the Legislature, subject to the
13terms and conditions set forth in this act, to authorize the city to
14dispose of the street for private use free from the public trust or
15the Burton Act trust.
16(h) In 2003, the Port and the State Lands Commission entered
17into an exchange agreement pursuant to Chapter 310 of the Statutes
18of 1987 by which a portion of Seawall Lot 330 was freed from the
19public trust and the Burton Act trust and was sold for fair market
20value, the proceeds from which were dedicated to construction of
21the Brannan Street Wharf. The Legislature enacted SB 815 in 2007,
22which lifted the public trust and Burton Act trust use restrictions
23from the remainder of Seawall Lot 330, including the street, until
242094. In 2011, the Legislature enacted AB 418 in part to facilitate
25the America’s Cup, which, subject to certain conditions, freed the
26remainder of Seawall Lot 330, including the street, from the public
27trust and authorized the Port to sell Seawall Lot 330 at fair market
28value subject to the State Lands Commission’s approval.
29(i) This section does not limit the effect of, or the authority
30granted to the Port by, SB 815 and AB 418 with respect to Seawall
31Lot 330, including the street.
Section 4 of Chapter 489 of the Statutes of 2001 is
33amended to read:
The Legislature further finds and declares that the
35following unique circumstances exist at Pier 30-32 on the San
36Francisco waterfront, and that therefore, this act sets no precedent
37for any other location or project in the state, including on the San
38Francisco waterfront or in San Francisco Bay:
39(a) The Pier 30-32 platform bayward of the Embarcadero
40consists of obsolete, pile-supported pier structures that are
P10 1physically no longer capable of serving most trust-related purposes
2without substantial modification and repair. The pier is an
3approximately 13-acre facility centrally located along the
4waterfront and with a natural deep water berth along its east face.
5However, the poor structural condition of Pier 30-32 currently
6limits the use of the pier to automobile parking and occasional,
7 temporary use as a tertiary berth for cruise ships and other deep
8draft vessels. The pier has a limited remaining useful life. The Port
9estimates that the cost of removing the pier would exceed forty-five
10million dollars ($45,000,000).
11(b) Preserving Pier 30-32 requires a substantial capital
12investment to improve the piles and decking to modern seismic
13standards. The Port estimates that the cost of rehabilitating the pier
14substantially exceeds the Port’s estimates of the pier’s fair market
15value. The Port does not have adequate funding in its 10-year
16capital plan for the costs to improve or to remove the pier due to
17limited Port resources and competing Port priorities, including
18completion of a new international cruise terminal at Pier 27 and
19the preservation of historic maritime resources in the Port’s
20jurisdiction. The Port must conserve Port revenue to support those
21maritime uses and public improvements for which private
22investment is not economical.
23(c) Over the past decade, the Port has sought to preserve and
24develop Pier 30-32 through public-private partnerships. In 2001,
25the Legislature authorized the development of Pier 30-32 with a
26new cruise ship terminal, office space, and retail space. The need
27for a new cruise ship terminal has been recognized for over 40
28years. A 1998 assessment by the Port found that cruise industry
29experts considered the present terminal at Pier 35 on the San
30Francisco waterfront to be inferior to other cruise terminals in the
31United States. That assessment also concluded that the existing
32San Francisco passenger terminal at Pier 35 cannot accommodate
33modern cruise ships. The Port’s 1998 assessment evaluated
34alternative locations for a new cruise ship terminal and concluded
35that Pier 30-32 was the most viable site for a new cruise terminal
36in San Francisco because of its position adjacent to deep water,
37site configuration, and development considerations. The Port
38solicited proposals and selected a developer for a cruise ship
39terminal at Pier 30-32. The developer subsequently abandoned
40that project after determining that the financial investment required
P11 1to improve the substructure of Pier 30-32 was cost prohibitive,
2and no other developer could be found who was willing to accept
3assignment of the development rights for the project. The Port has
4since identified Pier 27 as the preferred location for its new cruise
5ship terminal in San Francisco, and construction of the terminal
6building is currently underway.
7(d) In 2011, the America’s Cup Event Authority proposed to
8improve Pier 30-32 to host racing teams and hospitality facilities
9during the America’s Cup in 2013, and to acquire long-term
10development rights to Pier 30-32. Those planned facilities were
11ultimately relocated to other piers due primarily to the cost of
12rehabilitating the substructure of Pier 30-32.
13(e) The Waterfront Land Use Plan and the Special Area Plan
14recognize that the development of Pier 30-32 and the surrounding
15area within the South Beach/China Basin subarea identified in the
16Waterfront Land Use Plan would further the public trust purposes
17of increasing maritime activities and expanding public use and
18enjoyment of the waterfront on trust lands at this location.
19(f) The Port now proposes a mixed-use development at Pier
2030-32, which will further public use, access, and enjoyment of the
21tidelands and surrounding water at this location by providing a
22multipurpose venue for events and public assembly, coupled with
23public access, open space, and venue supporting or trust retail uses;
24significant maritime facilities, including an occasional berthing
25area for large vessels; bay-oriented recreational activities; and
26limited ancillary parking as reasonably necessary to meet the
27 visitor-serving needs of the mixed-used development, including
28the multipurpose venue, all of which are designed to preserve and
29improve public and visual access to the bay and its shoreline.
30(g) Pier 30-32 is ideally situated to provide public access to and
31enjoyment of the waterfront and bay. It is within walking distance
32of the Ferry Building, the San Francisco Giants baseball stadium,
33and regional transit hubs, including the Transbay Transit Center,
34which is under construction, has unmatched views of the Bay and
35the Bay Bridge, and is immediately adjacent to the Brannan Street
36Wharf project, which will provide a 58,700-square-foot
37pile-supported park over the bay, consistent with the Special Area
38Plan. The Port committed to the construction of the Brannan Street
39Wharf earlier than required under the Special Area Plan through
40investment of approximately twenty-five million dollars
P12 1($25,000,000) for the removal of 175,000 square feet of
2 pile-supported fill and development of public access improvements.
3The Brannan Street Wharf project is currently under construction
4and is anticipated to be completed by June 2013. The value of the
5Brannan Street Wharf as a recreational resource is diminished by
6the current condition and use of Pier 30-32, which cannot support
7dedicated public access on the pier and full realization of the
8Brannan Street Wharf Open Water Basin.
9(h) The inclusion of significant public access improvements,
10maritime facilities, and venue supporting or trust retail uses,
11together with a new multipurpose venue for events that bring
12people from around the state to the waterfront to use and enjoy the
13public trust assets of San Francisco, enhances and promotes trust
14purposes at Pier 30-32.
15(i) The Port estimates the cost of the construction of the
16substructure and related improvements required to make Pier 30-32
17useable for the proposed mixed-use development is in excess of
18one hundred twenty million dollars ($120,000,000), which
19significantly exceeds the Port’s appraised fair market value of the
20pier. The Port plans to finance the substructure costs with private
21capital and the following public revenue sources: the proceeds
22from the sale or lease of Seawall Lot 330 pursuant to AB 418, rent
23credits for the lease of Pier 30-32 to the developer of the venue,
24property tax increment from an infrastructure financing district,
25and possibly special taxes from a community facilities district.
26Construction of the multipurpose venue structure will be entirely
27privately financed and will not require any expenditure of money
28from the city’s general fund, or from other city or Port funds.
29(j) There are presently few visitor-serving amenities in the
30vicinity of Pier 30-32. The Port’s efforts to develop its property
31for hotel use have been unsuccessful. The development of the
32multipurpose venue at Pier 30-32 and the termination of the trust
33use restrictions at Seawall Lot 330 would create substantial new
34demand for visitor-serving uses at that location and would make
35those uses financially feasible as part of an overall residential,
36visitor-serving, and mixed-use development at Seawall Lot 330.
37Also, Seawall Lot 330 presents an opportunity to enhance the trust
38value of the project on Pier 30-32 by attracting more people to the
39waterfront and providing accommodations to people from both
40the San Francisco region and other areas of the state through
P13 1visitor-serving uses, which may include visitor-serving retail,
2restaurants, or hotel use, or any combination of these.
Section 5 of Chapter 489 of the Statutes of 2001, as
4amended by Section 2 of Chapter 68 of the Statutes of 2003, is
5amended to read:
(a) The Legislature, in the exercise of its retained power
7as trustee of the public trust, and in view of the unique
8circumstances existing at Pier 30-32 on the San Francisco
begin delete and the considerable statewide public benefit and
10promotion of the public trust that will be brought about by the
11preservation, improvement, and modernization of the pier,
12construction of a new multipurpose venue for events and public
13assembly, establishment of maritime uses, improved public access,
14public use and enjoyment of the site, establishment of venue
15supporting or trust retail uses on the site, and additional public
16trust benefits,end delete
18at Pier 30-32 that includes a multipurpose venue for events and
19public assembly, if the State Lands Commission finds, at a properly
20noticed public meeting, that all of the following conditions are
22(1) The mixed-use development is designed to attract people to
23the waterfront, increase public enjoyment of the San Francisco
24Bay, encourage public trust activities, and enhance public use of
25trust assets and resources on the waterfront.
26(2) (A) The mixed-use development is designed to provide
27multiple significant views of the Bay Bridge and the San Francisco
28Bay from a variety of elevations and vantage points, including
29significant views of the Bay Bridge and the San Francisco Bay
30from the interior concourses of the multipurpose venue and views
31of the Bay Bridge from certain seating areas within the
33(B) The multipurpose venue facility is located to minimize
34interference with public views of San Francisco Bay to the extent
36(C) The multipurpose venue facility provides free public access
37to patrons and nonpatrons alike to exterior portions of the building
38from which the public can view the San Francisco Bay, subject to
39reasonable limitations based on security. In addition, to encourage
40the public to come to the bay’s edge, the design of the multipurpose
P14 1venue shall provide significant free public views of the inside of
2the multipurpose venue from the outside, and the operator of the
3 multipurpose venue shall be required to allow the public to view
4the inside of the multipurpose venue from the outside during events
6(3) The mixed-use development is designed to achieve and
7enhance maximum feasible public access to and minimum fill in
8the bay in a manner that is consistent, as determined by BCDC in
9its separate permit process, with the Special Area Plan, the
10McAteer-Petris Act, and the Bay Plan.
11(4) The mixed-use development includes significant public
12plazas open to the public on a substantially permanent basis that
13can be accessed via public pedestrian promenades at the site that
14encourage public use of the site and provide a variety of views of
15the San Francisco Bay and the San Francisco cityscape.
16(5) The mixed-use development includes continuous public
17access around the perimeter of Pier 30-32 open to the public year
18round, with limited exceptions for temporary safety, security, and
19maritime-based interruptions, and includes an interpretive program
20to enhance the public’s enjoyment of the site.
21(6) The mixed-use development includes a significant and
22appropriate maritime program, which shall be consistent with the
23Special Area Plan and shall include, but is not limited to:
24(A) A city fire station and berthing facilities for city fire boats,
25or, in lieu thereof, one or more other maritime uses on the north
26side of Pier 30-32.
27(B) Facilities for berthing at the east end of Pier 30-32,
28including, but not limited to, facilities that can accommodate
29periodic use by cruise or other deep draft vessels, or other facilities
30that promote the deep water berth at Pier 30-32.
31(C) Facilities that enable direct public access to the water by
32human-powered vessels or swimmers, if feasible, on the south side
33of Pier 30-32, or water-oriented recreational uses facing the
34Brannan Street Wharf open water basin.
35(D) Water-transit docking or berthing facilities for water taxis,
36ferries, or both.
37(7) Any nonmaritime office space on Pier 30-32 is limited to
3870,000 square feet, and any nonmaritime office space provided on
39Pier 30-32 is for use only by the primary tenants of the
40multipurpose venue for events and public assembly, the venue
P15 1supporting or trust retail uses on Pier 30-32, and the operation and
2management of the open space and other public facilities on Pier
4(8) Retail uses on Pier 30-32 are limited to trust retail uses and
5 venue supporting retail uses that do not exceed 10,000 square feet
6per store and 20,000 feet in the aggregate.
7(9) Parking on Pier 30-32, when not in use for events located
8along the waterfront within the vicinity of the multipurpose venue,
9shall be limited to public parking. Management strategies for the
10public parking, including, but not limited to, time limits and rates,
11shall be structured so that the parking is accessible to visitors to
12Pier 30-32 and use for residential or commuter parking is
14(10) Public trust-consistent events, uses, and programming are
15offered regularly at the site of the mixed-use development. The
16site shall be made available to the Port or its designee for those
17events on at least 15 days per year, including at least three days
18on which the multipurpose venue shall be made available to the
19Port or its designee for those events. These events shall include
20free and low-cost visitor-serving events.
21(11) A public community room is available at the site for free
22or low-cost use by members of the statewide public, without
23preference to local residents or organizations.
24(12) The development of the site is required to be consistent
25with a plan to address anticipated sea-level rise through the year
262050, which shall include enforceable strategies incorporating an
27adaptive management approach to sea-level rise for the duration
28of the ground lease term.
29(13) The development approved for Seawall Lot 330 includes
30a hotel or other visitor-serving uses that will materially enhance
31public trust uses on Pier 30-32 and the San Francisco waterfront.
32(14) The City has filed a notice of determination for the
33 mixed-use development project at Pier 30-32 under the California
34Environmental Quality Act (Division 13 (commencing with Section
3521000) of the Public Resources Code),
begin delete afterend delete the City’s board
36of supervisors and Port
begin delete has approvedend delete the project
37, each following at least one public
39(15) A major permit application for the mixed-use development
40at Pier 30-32 has been submitted to BCDC.
begin deleteThe end deleteState
11Lands Commission staff shall consult with BCDC staff prior to
12placing an action item on the agenda for the State Lands
13 Commission to determine whether the mixed-use development at
14Pier 30-32 is consistent with the requirements of this section.
18(c) (1) If a multipurpose venue for events and public assembly
19is approved and constructed on Pier 30-32, the Port shall submit
20and present at a properly noticed public State Lands Commission
21meeting a trust program report to the State Lands Commission, no
22later than five years from the date of the opening of the
23multipurpose venue, and every five years thereafter through the
24term of the ground lease for the multipurpose venue, that contains
25all of the following information:
26(A) A list and description of the trust-related events and
27programming that have occurred at the site of the mixed-use
28development and in the multipurpose venue over the preceding
29five-year period, including the dates on which the events occurred
30or the multipurpose venue was made available for those events,
31and identifying any free and low-cost visitor-serving events.
32(B) A description of the efforts made by the Port, its tenants,
33and subtenants to publicize the availability of Pier 30-32, including
34the multipurpose venue, for trust-related events and other efforts
35undertaken to solicit such events.
36(C) A description of the maritime program on those portions of
37Pier 30-32 within the purview of the Port or the City, including a
38list of the facilities constructed, identification of any tenants,
39licensees, or other operators of the maritime facilities, and a
40description of the nature and frequency of the maritime use.
P17 1(D) A description of the tenants and use of the nonmaritime
2office space and the use of the public community room on Pier
4(E) Any other information specifically requested by the State
5Lands Commission that pertains to the City or Port program of
6trust uses for Pier 30-32 and that is reasonably obtainable by the
7City or Port.
8(2) (A) The Port, and the City, if applicable, shall work
9cooperatively with the executive officer of the State Lands
10Commission to develop an implementation plan if the executive
11officer of the State Lands Commission, upon review of the trust
12program report, determines both of the following:
13(i) That Pier 30-32 is not being used for at least 15
14events annually at the site as a whole or is not being used for at
15least three trust-related events annually at the multipurpose venue
16as specified in paragraph (10) of subdivision (a); or, that the City
17or the Port has not implemented the maritime program for Pier
1830-32 for its intended purposes, as specified in paragraph (6) of
20(ii) That the Port, or the City, as applicable, has not taken
21effective action to achieve the objectives specified in clause (i).
22(B) The executive officer of the State Lands Commission shall
23provide written notice to the Port and the City of a determination
24under subparagraph (A) requiring the development of an
25implementation plan, including the basis for that determination.
26An implementation plan developed pursuant to this paragraph shall
27ensure that the objectives of clause (i) of subparagraph (A) are met
28for the next five-year reporting period and shall be consistent with
29the terms and conditions set forth in governmental approvals for
30development of the project and in then-existing leases and other
31contracts affecting use of the site, including rights of leasehold
32mortgagees under those contracts. In accordance with this
33subparagraph, the implementation plan may include a plan for
34improving outreach, publicity, or marketing efforts for trust events
35or to attract maritime operators or users.
36(3) In conjunction with the Port’s report required in paragraph
37(1), the tenant of the multipurpose venue shall submit and, if
38requested by the executive officer of the State Lands Commission,
39present at a properly noticed public State Lands Commission
40meeting, an informational report to the State Lands Commission
P18 1describing how the event program at the multipurpose venue is
2meeting the objectives for use of that venue set forth in paragraph
3(2) of subdivision (a).
Section 6 of Chapter 489 of the Statutes of 2001 is
5amended to read:
The Legislature finds and declares that the 2000
7amendments of the Bay Plan and the Special Area Plan by BCDC
8are authorized under subdivision (f) of Section 66632 of the
9Government Code as necessary to protect the health, safety, and
10welfare of the public in the entire bay area, and BCDC’s actions
11with respect to those amendments are hereby ratified and
Section 7 of Chapter 489 of the Statutes of 2001, as
14amended by Section 3 of Chapter 68 of the Statutes of 2003, is
15amended to read:
(a) Any legislative or regulatory requirement for
17findings of consistency with the public trust doctrine or the Burton
18Act trust under the Special Area Plan, the Bay Plan, or any other
19applicable statute, regulation, or plan shall be deemed satisfied if
20the State Lands Commission has found that the mixed-use
21development on Pier 30-32 is consistent with the requirements of
22Section 6 of this act.
23(b) Except with respect to a finding of consistency with the
24public trust doctrine, nothing in this act is intended to limit the
25authority and discretion of BCDC to approve or deny permits for
26the mixed-use development on Pier 30-32 generally described in
27this act in a manner consistent with the McAteer-Petris Act, the
28Bay Plan, and the Special Area Plan, including the authority and
29discretion of BCDC to impose conditions on the permits for the
30project. Except as provided in subdivision (a), the project’s
31consistency with the requirements of Section 6 of this act shall not
32be conclusive on BCDC in the exercise of its discretion to
33determine whether the mixed-use development on Pier 30-32 is
34consistent with the McAteer-Petris Act and the policies of the Bay
35Plan and the Special Area Plan. This act shall not limit the authority
36and discretion of BCDC to enforce permits issued for the projects
37described in this act.
38(c) In its environmental analysis pursuant to the California
39Environmental Quality Act (Division 13 (commencing with Section
4021000) of the Public Resources Code), the City shall examine
P19 1distributed parking alternatives to serve events at the multipurpose
2venue designed to minimize traffic impacts on the Embarcadero
3and on the Herb Caen Way promenade, including, but not limited
4to, parking alternatives on the west side of the Embarcadero, before
5finalizing a planned number of parking spaces.
6(d) In its major permit for the project, BCDC may establish a
7maximum number of parking spaces on Pier 30-32 and parking
8management operational measures for that parking, consistent with
9the McAteer-Petris Act, the Bay Plan, the Special Area Plan, and
10the following criteria:
11(1) The amount of parking shall not exceed the minimum amount
12necessary to accommodate the public’s use of Pier 30-32, taking
13into account land and water public transportation systems and
14offsite parking facilities that serve or are planned to serve the site.
15(2) Parking shall be located under active uses on Pier 30-32 and
16shall be screened from public view.
17(3) Structures enclosing the parking shall
be constructed to
18minimize impacts on views to public access areas on Pier 30-32
19and to the Bay and on the usability and attractiveness of public
20access on top of the parking structure.
21(4) Parking on the pier, and any new signalized intersection
22made necessary by parking on the pier, shall not materially impair
23the current and future use of Herb Caen Way as a regionally
24significant pedestrian, bicycle and public access way, and the
25provision of ground-level perimeter access on the pier.
26(e) (1) The Pier 30-32 project shall include offsite public
27benefits that would not ordinarily be required in a major permit,
28which benefits shall be developed through a public process
29conducted by BCDC and the Port and approved by BCDC, either
30through this section or through an amendment to the Special Area
32(2) In considering whether to issue a major permit for the
33mixed-use development on Pier 30-32 that the State Lands
34Commission has found to be consistent with Section 6 of this act,
35BCDC may consider the offsite public benefits proposed as part
36of the development project developed pursuant to paragraph (1),
37together with the project’s onsite public benefits, in determining
38whether the project is consistent, on balance, with the adopted
39policies of the Bay Plan and Special Area Plan, including, but not
P20 1limited to, the Special Area Plan policies for piers not designated
2for removal, which apply to Pier 30-32.
3(3) For purposes of this subdivision public benefits developed
4pursuant to this section may include but are not limited to, any of
6(A) Rehabilitation of a Port historic structure or a substantial
8(B) Bay view enhancement by accelerating the removal of a
9pier shed or other structure presently obstructing public views of
10the bay. If the removal of the structure is not currently required
11pursuant to the Special Area Plan and the removal of the structure
12provides bay views of a similar quality to that afforded by removal
13of a Port historic structure currently required by the Special Area
14Plan, any such removal shall be deemed to satisfy the existing
15requirement for removal of a Port historic structure.
16(C) Bicycle or pedestrian improvements to enhance public access
17in the vicinity of the Pier 30-32 site.
Section 8 of Chapter 489 of the Statutes of 2001 is
19amended to read:
(a) For the purpose of effectuating the sale of the street,
21including the conveyance of the street by the city, free of the public
22trust and the Burton Act trust, the State Lands Commission may
23convey to the city by patent all of the rights, title, and interest held
24by the state by virtue of its sovereign trust title to the street,
25including any public trust interest or Burton Act reservation or
26trust interest, not heretofore conveyed, subject to any reservations
27the State Lands Commission determines appropriate.
28(b) In any case in which the state, pursuant to this act, conveys
29filled tidelands and submerged lands transferred to the city pursuant
30to the Burton Act, the state shall reserve all minerals and all mineral
31rights in the lands of every kind and character now known to exist
32or hereafter discovered, including, but not limited to, oil and gas
33and rights thereto, together with the sole, exclusive, and perpetual
34right to explore for, remove, and dispose of those minerals by any
35means or methods suitable to the state or to its successors and
36assignees, except that, notwithstanding the Burton Act, or Section
376401 of the Public Resources Code, any such reservation shall not
38include the right of the state or its successors or assignees in
39connection with any mineral exploration, removal, or disposal
40activity, to do either of the following:
P21 1(1) Enter upon, use, or damage the surface of the lands or
2interfere with the use of the surface by any grantee or by the
3grantee’s successors or assignees.
4(2) Conduct any mining activities of any nature whatsoever
5above a plane located 500 feet below the surface of the lands
6without the prior written permission of any grantee of the lands or
7the grantee’s successors or assignees.
8(c) This section does not require the state, the city, or the Port
9to reserve mineral rights in any portion of Seawall Lot 330,
10including any portion of the street, that is conveyed pursuant to
Section 9 of Chapter 489 of the Statutes of 2001 is
13amended to read:
The city may, pursuant to Section 3 of Article X of the
15California Constitution, sell the street to any private person,
16partnership, or corporation, with the approval of the State Lands
17Commission, if the city first finds that the sale is consistent with
18the legislative findings and declarations set forth in Section 3. That
19sale shall not be effective unless and until the State Lands
20Commission, at a regular open meeting with the proposed sale of
21the street as a properly scheduled agenda item, does, or has done,
22all of the following:
23(a) Finds, or has found, that the consideration for the sale of the
24street pursuant to Section 3 of Article X of the California
25Constitution shall be the fair market value of the street.
or has adopted, a resolution approving the sale that
27finds and declares that the street has been filled and reclaimed, is
28cut off from access to the waters of San Francisco Bay, and is no
29longer needed or required for the promotion of the public trust or
30the Burton Act trust, and that no substantial interference with the
31public trust or Burton Act trust uses and purposes will ensue by
32virtue of the sale. The resolution shall also declare that the sale is
33consistent with the findings and declarations in Section 3, and the
34sale is in the best interests of the state and city. Upon adoption of
35the resolution, or at a time that is specified in the resolution, the
36street shall thereupon be free from the public trust and the Burton
38(c) Finds, or has found, that the proceeds for the sale of the
39street will be devoted to trust-related capital improvements by the
P22 1(d) This
section does not apply to a conveyance of any portion
2of Seawall Lot 330, including the street, that is made pursuant to
Section 11 of Chapter 489 of the Statutes of 2001 is
5amended to read:
A deed, patent, agreement, or other instrument
7executed in furtherance of this act, or an action of the state, the
8city, or the Port to approve the use, lease, or conveyance of any
9portion of port property subject to this act, or to approve project
10agreements, grant entitlements, or permits, or issue bonds or other
11indebtedness in connection with the use and development of that
12property in accordance with this act, shall be conclusively
13presumed to be valid, unless held to be invalid in an appropriate
14proceeding in a court of competent jurisdiction to determine the
15validity of the instrument, agreement, or approval commenced
16within 60 days after the recording of the instrument or agreement,
17or the recording of a memorandum evidencing the instrument or
18agreement, or, in the case of an approval, within 60 days after the
Section 13 of Chapter 489 of the Statutes of 2001 is
21amended to read:
(a) An action may be brought under Chapter 4
23(commencing with Section 760.010) of Title 10 of Part 2 of the
24Code of Civil Procedure to establish title to any lands conveyed
25pursuant to this act or by the parties to any agreement regarding a
26street sale or exchange of land entered into pursuant to this act or
27pursuant to Chapter 310 of the Statutes of 1987 to confirm the
28validity of the agreement. Notwithstanding Section 764.080 of the
29Code of Civil Procedure, the statement of decision in the action
30shall include a recitation of the underlying facts and a determination
31whether the conveyance or agreement meets the requirements of
32this act, and, if applicable, Chapter 310 of the Statutes of 1987,
33Sections 3 and 4 of Article X of the California Constitution, and
34any other law applicable to the validity of the conveyance or
36(b) For purposes of Section 764.080 of the Code of Civil
37Procedure, and unless otherwise agreed in writing, an agreement
38entered into pursuant to this act shall be deemed to be entered into
39on the date it is executed by the executive officer of the State Lands
40Commission, who shall be the last of the parties to sign prior to
P23 1the signature of the Governor. The effective date of the agreement
2shall be deemed to be the date on which it is executed by the
3Governor pursuant to Section 6107 of the Public Resources Code.
4(c) An action may be brought under Chapter 9 (commencing
5with Section 860) of Title 10 of Part 2 of the Code of Civil
6Procedure to determine the legality and validity of a deed, patent,
7agreement, or other instrument executed in furtherance of or
8authorized by this act, or an action of the city or Port to use, lease,
9or convey any property, or to approve project agreements, grant
10entitlements, or permits, or issue bonds or other indebtedness in
11connection with the use and development of that property, in
12accordance with this act. Prior to the filing of an action, the
13Attorney General and the executive officer of the State Lands
14Commission shall be provided written notice of the action and a
15copy of the complaint. An action authorized by this subdivision
16may be combined with an action authorized by subdivision (a).
Section 14 of Chapter 489 of the Statutes of 2001 is
18amended to read:
(a) This act does not alter the obligations of the city
20or the Port under the California Environmental Quality Act
21(Division 13 (commencing with Section 21000) of the Public
22Resources Code), including any obligation to consider alternatives
23to a project proposed for Pier 30-32 or Seawall Lot 330.
34 If a mixed-use development at Pier 30-32 that includes a
35multipurpose venue for events and public assembly
begin delete meetingend delete
the conditions of Section 6 of begin delete thisend delete act has not been
begin delete within 10 years of the effective date of this actend delete, the provisions of Section 6 and Section 8
begin delete thisend delete act shall become inoperative as of begin delete the date that is 10
2years from the effective date of this actend delete
For purposes of this act, subdivision (d) of Section
49 of AB 418 shall not apply to any sale of Seawall Lot 330 if the
5proceeds of the sale are applied to the cost of rehabilitating the
6Pier 30-32 substructure or the cost of constructing maritime or
7public access improvements on Pier 30-32.
The Legislature finds and declares that a special law
9is necessary and that a general law cannot be made applicable
10within the meaning of Section 16 of Article IV of the California
11Constitution because of the unique circumstances applicable only
12to the trust lands described in this act.