AB 1273, as amended, Ting. Tidelands and submerged lands: City and County of San Francisco: Pier 30-32: multipurpose venue.
(1) Under existing law (the Burton Act), the state granted certain lands to the City and County of San Francisco in trust for purposes of commerce, navigation, and fisheries, and subject to specified terms and conditions relating to the operation of the Port of San Francisco. Existing law (the McAteer-Petris Act) establishes the San Francisco Bay Conservation and Development Commission and requires the commission to regulate fill and development within a specified area in San Francisco Bay. Existing law declares specified lands along the San Francisco waterfront to be free from the public trust for commerce, navigation, and fisheries, as provided, and authorizes the San Francisco Port Commission to approve a cruise ship terminal development, other maritime facilities, and commercial and office space on a specified area of the San Francisco waterfront. Existing law authorizes the State Lands Commission to convey to the City and County of San Francisco all of the rights, title, and interest held by the state in trust to specified lands along the waterfront, but prescribes terms and conditions for the use of those lands in connection with the cruise ship terminal development, as provided.
This bill would revise the above-described authorization for the conveyance of lands for use for a cruise ship terminal development to instead authorize the State Lands Commission to approve 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.
P3 1(c) “BCDC” means the San Francisco Bay Conservation and
2Development Commission established pursuant to Section 66620
3of the Government Code.
4(d) “Bay jurisdiction” means the jurisdiction, powers, and duties
5of BCDC pursuant to Title 7.2 (commencing with Section 66600)
6of the Government Code within the area defined in subdivision
7(a) of Section 66610 of the Government Code.
12 “Bay Plan” means the San Francisco Bay Plan as adopted
13and administered by BCDC pursuant to Title 7.2 (commencing
14with Section 66600) of the Government Code, including all
17 “Brannan Street Wharf” means a major San Francisco
18waterfront park in the area of Piers 34 and 36, as identified in the
19Special Area Plan.
21 “Burton Act” means Chapter 1333 of the Statutes of 1968,
24 “Burton Act trust” means the statutory trust imposed by the
25Burton Act (Chapter 1333 of the Statutes of 1968, as amended),
26pursuant to which the state conveyed to the City and County of
27San Francisco, in trust, by transfer agreement, and subject to certain
28terms, conditions, and reservations, the state’s interest in certain
29tide and submerged lands.
31 “City” means the City and County of San Francisco.
33 “Embarcadero Historic District” means the Port of San
34Francisco Embarcadero Historic District designated on the National
35Register of Historic Places.
37 “McAteer-Petris Act” means Title 7.2 (commencing with
38Section 66000) of the Government Code, as that act may be
39amended from time to time.
P4 1 “Public trust” or “trust” means the common law public trust
2for commerce, navigation, and fisheries.
4 “Port” means the City and County of San Francisco acting
5by and through the San Francisco Port Commission.
7 “Port historic structure” means any building, structure, or
8other facility that is located on port property and either is
9individually listed or eligible for listing on the National Register
10of Historic Places, or has been designated as, or meets the standards
11for, a resource contributing to the historic significance of the
12Embarcadero Historic District.
14 “San Francisco Bay” means those areas defined in Section
1566610 of the Government Code.
17 “San Francisco waterfront” means those portions of the area
18transferred to the Port pursuant to the Burton Act that also lie
19within the area defined in subdivisions (a) and (b) of Section 66610
20of the Government Code.
22 “Seawall Lot 330” means that parcel of property, or any
23portion thereof, located in San Francisco identified on that certain
24map entitled SUR 790, and shown on Page 318 of the City and
25County of San Francisco 100 Scale Ownership Maps, which is on
26file with the city’s Bureau of Street Use and Mapping.
28 “SB 815” means Chapter 660 of the Statutes of 2007, as
34 “Shoreline band jurisdiction” means the jurisdiction, powers,
35and duties of BCDC pursuant to Title 7.2 (commencing with
36Section 66600) of the Government Code to regulate uses within
37the area defined in subdivision (b) of Section 66610 of the
38Government Code to ensure, in part, maximum feasible public
39access, as prescribed in Section 66632.4 of the Government Code.
P5 1 “Special Area Plan” means the San Francisco Waterfront
2Special Area Plan, dated July 20, 2000, adopted by BCDC, as
3amended from time to time.
5 “Street” means those lands located within the South
6Beach/China Basin Planning area of the San Francisco waterfront
7at Seawall Lot 330, and also lying within Parcel A of those lands
8transferred to the City and County of San Francisco pursuant to
9the Burton Act, as recorded May 14, 1969, in Book C 169 at Pages
10573 to 664, inclusive, in the San Francisco Recorder’s office, as
11more particularly described as that portion of Main Street, located
12between Bryant Street and the Embarcadero, vacated per Ordinance
1314-93 on January 11, 1993, on file with the San Francisco Bureau
14of Street Use and Mapping, in Book 10, Page 94. All streets and
15street lines described in the preceding sentence are in accordance
16with that certain map entitled SUR 790, and shown on Page 318
17of the City and County of San Francisco 100 Scale Ownership
18Maps, on file with the City’s Bureau of Street Use and Mapping.
20 “Trust retail uses” means retail establishments that facilitate
21and encourage public use of the waterfront and are consistent with
22the common law public trust, including, but not limited to,
23water-oriented retail, visitor-serving retail, restaurant
24establishments, and other similar retail uses.
26 “Venue supporting retail uses” means retail establishments,
27other than trust retail uses, where the tenant occupying the retail
28space is a significant corporate sponsor in the multipurpose venue
29or is a primary tenant of the multipurpose venue.
31 “Waterfront Land Use Plan” means the Waterfront Land
32Use Plan, including the Waterfront Design and Access Element,
33adopted by the port pursuant to Resolution No. 97-50, as amended
34from time to time.
Section 2 of Chapter 489 of the Statutes of 2001 is
36amended to read:
The Legislature finds and declares all of the following:
38(a) Tide and submerged lands in California are held in trust for
39the enjoyment and use by the people of the state pursuant to the
40California Constitution, state statutes, and the common law public
P6 1trust doctrine. Public trust lands may be used for water-related
2purposes, including, but not limited to, commerce, navigation,
3fishing, swimming, recreation, open space, and wildlife habitat.
4(b) In 1965, the Legislature adopted the McAteer-Petris Act to
5protect and enhance the San Francisco Bay and its natural
6resources. Among other things, the McAteer-Petris Act grants
7BCDC regulatory authority over further filling in San Francisco
8Bay through exercise of its bay jurisdiction, and limits that activity
9to (1) water-oriented uses that meet specified criteria; (2) minor
10fill that improves shoreline appearance or public access; and (3)
11activities necessary for the health, safety, and welfare of the public
12in the entire bay area. The McAteer-Petris Act also mandates
13BCDC to require the provision of maximum feasible access to the
14bay and its shoreline consistent with a project.
15(c) In 1969, the Legislature received and acted upon BCDC’s
16report and recommendations from a three-year study of the San
17Francisco Bay. The resulting Bay Plan contains, among other
18things, BCDC’s policies to guide use and protection of all areas
19within BCDC’s jurisdiction, including the bay and the 100-foot
20shoreline band, and ensures that proposed projects, among other
21things, minimize bay fill and provide maximum feasible public
22access to the bay.
23(d) In 1969, pursuant to the Burton Act, the state conveyed by
24transfer agreement certain state tide and submerged lands to the
25Port. The lands are held by the Port in trust for the people of
26California to further the purposes of commerce, navigation, and
27fisheries, and are subject to the terms and conditions specified in
28the Burton Act and the public trust. During the four decades since
29passage of the Burton Act, issues have arisen concerning the
30application of the McAteer-Petris Act to the piers along the San
31Francisco waterfront. To address those issues, BCDC and the Port
32undertook two intensive and careful planning processes, which
33lasted over nine years.
first process culminated in 1997 with the adoption by
35the Port of the Waterfront Land Use Plan and with the adoption
36by the Board of Supervisors of the City and County of San
37Francisco and the Planning Commission of the City and County
38of conforming amendments to the City’s General Plan and Planning
P7 1(f) In July 2000, after the second five-year cooperative process
2involving the Port, BCDC, the Save San Francisco Bay
3Association, and numerous interested community groups and
4individuals was completed, the Port adopted further amendments
5to the Waterfront Land Use Plan. BCDC also adopted amendments
6to the Special Area Plan that is incorporated into, and made a part
7of, the Bay Plan, to create consistent plans for the area of the San
8Francisco waterfront between Pier 35 and China Basin. At the
9present time, the Special Area Plan addresses specific
10McAteer-Petris Act issues relating to public access and the
11preservation and enhancement of open water as a bay resource in
12this area. The plan also defines public access opportunities on each
13pier in this area and calls for the removal of certain additional piers
14to enhance water views and create additional bay surface area.
15(g) A major objective of the joint effort described in subdivisions
16(d), (e), and (f) is to establish a new criterion in the Bay Plan that
17would permit fill on the San Francisco waterfront in an area where
18a Special Area Plan has been adopted by BCDC for uses that are
19consistent with the public trust and the Burton Act trust. The
20Special Area Plan for the area between Pier 35 and China Basin
21provides, in part, for all of following:
22(1) The nature and extent of maximum feasible public access
23to the bays and the waterfront, including perimeter access at the
24piers, a system of integrated public parks, promenades, a Bayside
25History Walk on most piers, and other significant access features
26on piers where appropriate.
27(2) Two major public plazas, the Brannan Street Wharf adjacent
28to Pier 30-32 and a new plaza at Pier 27.
29(3) A public planning process to lead to the creation of a third
30major public plaza in the Fisherman’s Wharf area.
31(4) The restoration and preservation of significant open water
32basins and areas through the removal of certain piers to uncover
33additional bay surface and the restriction of new bay fill in open
34water basins and areas to minor amounts needed to improve public
35access and shoreline appearance and accommodate permissible
37(5) The creation and funding of a special fund within the Port
38to finance the removal of the selected piers and the construction
39and maintenance of those public plazas.
P8 1(6) A historic preservation mechanism to ensure preservation
2and enhancement of important historic resources on the piers,
3including the designation of the National Register Embarcadero
5(7) The preservation and improvement of existing views and
6creation of new views of the bay from the shoreline.
7(8) The ability of the Port to repair, improve, or use
8not designated for removal between Pier 35 and China Basin for
9any purpose consistent with the Burton Act, the public trust, and
10the Special Area Plan.
11(h) The San Francisco waterfront, which has been the subject
12of this planning process, provides benefits to the entire bay area,
13and serves as a unique destination for the state and region’s public.
14These state and region wide benefits include enjoyment of a unique,
15publicly owned waterfront that provides special maritime,
16navigational, recreational, cultural, and historical benefits that
17serve the bay area. Accordingly, the adoption by BCDC, and the
18ratification by the Legislature, of the Special Area Plan, as
19amended, is necessary to protect the health, safety, and welfare of
20the public in the entire bay area for purposes of subdivision (f) of
21Section 66632 of the Government Code.
22(i) The Port is a valuable public trust asset, a vibrant and
23world-renowned tourist destination, and a vital component of the
24regional, state, and national economies. The Port faces unique
25challenges in implementing the Waterfront Land Use Plan.
26Deferred maintenance on the Port’s numerous historic piers and
27other structures, together with limitations on revenue generating
28opportunities, has caused deteriorating conditions along the San
29Francisco waterfront. The Port’s estimate of the cost of
30implementing its capital plan is over two billion dollars
31($2,000,000,000), which substantially exceeds the projected
32revenues estimated by the Port to be available for these purposes.
Section 3 of Chapter 489 of the Statutes of 2001 is
34amended to read:
The Legislature also hereby finds and declares all of
36the following with respect to Seawall Lot 330 and the street:
37(a) The lands comprising the street are tide and submerged lands
38that have been filled and reclaimed, and were reserved to the state
39solely for street purposes.
P9 1(b) The filled and reclaimed tide and submerged lands
2constituting the street have been filled and reclaimed for, and in
3connection with, a highly beneficial plan of improvement for harbor
5(c) The street is not used, suitable, or necessary for navigation
6purposes and is not necessary, or used for street purposes.
7(d) The street or any interests in the street that are to be sold by
8the city, and over which the Burton Act trust and the public trust
9will be terminated, constitute a relatively small portion of the
10granted tide and submerged lands.
11(e) Section 3 of Article X of the California Constitution permits
12the sale to any city, county, city and county, municipal corporation,
13private person, partnership, or corporation of tidelands reserved
14to the state solely for street purposes, which tidelands the
15Legislature finds and declares are not used and not necessary for
16navigation purposes, subject to those conditions that the Legislature
17may impose to protect the public interest.
18(f) The existence of the street limits
the potential development
19of Seawall Lot 330. The proposed sale will be consistent with
20Section 3 of Article X of the California Constitution, if all of the
21 following conditions are met:
22(1) The consideration for the sale of the street, pursuant to
23Section 3 of Article X of the California Constitution, shall be the
24fair market value of those lands or interests in the lands.
25(2) The street to be sold by the city and over which the public
26trust or the Burton Act trust, or both trusts, will be terminated has
27been filled and reclaimed, and the street consisting entirely of dry
28land lying above the present line of mean high tide is no longer
29needed or required for the purposes of the public trust or the Burton
31(3) The street to be sold by the city and over which the public
32trust or the Burton Act trust, or both trusts, will be terminated has
33been cut off from direct access to the waters of San Francisco Bay
34by past filling of intervening property for a major roadway (the
35Embarcadero), which has provided, and will continue to provide,
36lateral public access to the water.
37(4) The street was reserved to the state for street purposes and
38is not used or necessary for navigation purposes. Therefore, in
39accordance with Section 3 of Article X of the California
P10 1Constitution, that street can and should be conveyed into private
2ownership for uses consistent with, and in furtherance of, this act.
3(g) It is therefore the intent of the Legislature, subject to the
4terms and conditions set forth in this act, to authorize the city to
5dispose of the street for private use free from the public trust or
6the Burton Act trust.
7(h) In 2003, the Port and the State Lands Commission entered
8into an exchange agreement pursuant to Chapter 310 of the Statutes
9of 1987 by which a portion of Seawall Lot 330 was freed from the
10public trust and the Burton Act trust and was sold for fair market
11value, the proceeds from which were dedicated to construction of
12the Brannan Street Wharf. The Legislature enacted SB 815 in 2007,
13which lifted the public trust and Burton Act trust use restrictions
14from the remainder of Seawall Lot 330, including the street, until
152094. In 2011, the Legislature enacted AB 418 in part to facilitate
16the America’s Cup, which, subject to certain conditions, freed the
17remainder of Seawall Lot 330, including the street, from the public
18trust and authorized the Port to sell Seawall Lot 330 at fair market
19value subject to the State Lands Commission’s approval.
20(i) This section does not limit the effect of, or the authority
21granted to the Port by, SB 815 and AB 418 with respect to Seawall
22Lot 330, including the street.
Section 4 of Chapter 489 of the Statutes of 2001 is
24amended to read:
The Legislature further finds and declares that the
26following unique circumstances exist at Pier 30-32 on the San
27Francisco waterfront, and that therefore, this act sets no precedent
28for any other location or project in the state, including on the San
29Francisco waterfront or in San Francisco Bay:
30(a) The Pier 30-32 platform bayward of the Embarcadero
31consists of obsolete, pile-supported pier structures that are
32physically no longer capable of serving most trust-related purposes
33without substantial modification and repair. The pier is an
34approximately 13-acre facility centrally located along the
35waterfront and with a natural deep water berth along its east face.
36However, the poor structural condition of Pier 30-32 currently
37limits the use of the pier to automobile parking and occasional,
38 temporary use as a tertiary berth for cruise ships and other deep
39draft vessels. The pier has a limited remaining useful life. The Port
P11 1estimates that the cost of removing the pier would exceed forty-five
2million dollars ($45,000,000).
3(b) Preserving Pier 30-32 requires a substantial capital
4investment to improve the piles and decking to modern seismic
5standards. The Port estimates that the cost of rehabilitating the pier
6substantially exceeds the Port’s estimates of the pier’s fair market
7value. The Port does not have adequate funding in its 10-year
8capital plan for the costs to improve or to remove the pier due to
9limited Port resources and competing Port priorities, including
10completion of a new international cruise terminal at Pier 27 and
11the preservation of historic maritime resources in the Port’s
12jurisdiction. The Port must conserve Port revenue to support those
13maritime uses and public improvements for which private
14investment is not economical.
15(c) Over the past decade, the Port has sought to preserve and
16develop Pier 30-32 through public-private partnerships. In 2001,
17the Legislature authorized the development of Pier 30-32 with a
18new cruise ship terminal, office space, and retail space. The need
19for a new cruise ship terminal has been recognized for over 40
20years. A 1998 assessment by the Port found that cruise industry
21experts considered the present terminal at Pier 35 on the San
22Francisco waterfront to be inferior to other cruise terminals in the
23United States. That assessment also concluded that the existing
24San Francisco passenger terminal at Pier 35 cannot accommodate
25modern cruise ships. The Port’s 1998 assessment evaluated
26alternative locations for a new cruise ship terminal and concluded
27that Pier 30-32 was the most viable site for a new cruise terminal
28in San Francisco because of its position adjacent to deep water,
29site configuration, and development considerations. The Port
30solicited proposals and selected a developer for a cruise ship
31terminal at Pier 30-32. The developer subsequently abandoned
32that project after determining that the financial investment required
33to improve the substructure of Pier 30-32 was cost prohibitive,
34and no other developer could be found who was willing to accept
35assignment of the development rights for the project. The Port has
36since identified Pier 27 as the preferred location for its new cruise
37ship terminal in San Francisco, and construction of the terminal
38building is currently underway.
39(d) In 2011, the America’s Cup Event Authority
40improve Pier 30-32 to host racing teams and hospitality facilities
P12 1during the America’s Cup in 2013, and to acquire long-term
2development rights to Pier 30-32. Those planned facilities were
3ultimately relocated to other piers due primarily to the cost of
4rehabilitating the substructure of Pier 30-32.
5(e) The Waterfront Land Use Plan and the Special Area Plan
6recognize that the development of Pier 30-32 and the surrounding
7area within the South Beach/China Basin subarea identified in the
8Waterfront Land Use Plan would further the public trust purposes
9of increasing maritime activities and expanding public use and
10enjoyment of the waterfront on trust lands at this location.
11(f) The Port now proposes a mixed-use development at Pier
1230-32, which will further public use, access, and enjoyment of the
13tidelands and surrounding water at this location by providing a
14multipurpose venue for events and public assembly, coupled with
15public access, open space, and venue supporting or trust retail uses;
16significant maritime facilities, including an occasional berthing
17area for large vessels; bay-oriented recreational activities; and
18limited ancillary parking as reasonably necessary to meet the
19 visitor-serving needs of the mixed-used development, including
20the multipurpose venue, all of which are designed to preserve and
21improve public and visual access to the bay and its shoreline.
36 Pier 30-32 is ideally situated to provide public access to and
37enjoyment of the waterfront and bay. It is within walking distance
38of the Ferry Building, the San Francisco Giants baseball stadium,
39and regional transit hubs, including the Transbay Transit Center,
40which is under construction, has unmatched views of the Bay and
P13 1the Bay Bridge, and is immediately adjacent to the Brannan Street
2Wharf project, which will provide a 58,700-square-foot
3pile-supported park over the bay, consistent with the Special Area
4Plan. The Port committed to the construction of the Brannan Street
5Wharf earlier than required under the Special Area Plan through
6investment of approximately twenty-five million dollars
7($25,000,000) for the removal of 175,000 square feet of
8 pile-supported fill and development of public access improvements.
begin delete Theend delete Brannan Street Wharf project begin delete is currently completed
10under construction and is anticipated to beend delete
begin delete by Juneend delete 2013. The
12value of the Brannan Street Wharf as a recreational resource is
13diminished by the current condition and use of Pier 30-32, which
14cannot support dedicated public access on the pier and full
15realization of the Brannan Street Wharf Open Water Basin.
17 The inclusion of significant public access improvements,
18maritime facilities, and venue supporting or trust retail uses,
19together with a new multipurpose venue for events that bring
20people from around the state to the waterfront to use and enjoy the
21public trust assets of San Francisco, enhances and promotes trust
22purposes at Pier 30-32.
24 The Port estimates the cost of the construction of the
25substructure and related improvements required to make Pier 30-32
26useable for the proposed mixed-use development is in excess of
27one hundred twenty million dollars ($120,000,000), which
28significantly exceeds the Port’s appraised fair market value of the
29pier. The Port plans to finance the substructure costs with private
30capital and the following public revenue sources: the proceeds
31from the sale or lease of Seawall Lot 330 pursuant to AB 418, rent
32credits for the lease of Pier 30-32 to the developer of the venue,
33property tax increment from an infrastructure financing district,
34and possibly special taxes from a community facilities district.
35Construction of the multipurpose venue structure will be entirely
36privately financed and will not require any expenditure of money
37from the city’s general fund, or from other city or Port funds.
39 There are presently few visitor-serving amenities in the
40vicinity of Pier 30-32. The Port’s efforts to develop its property
P14 1for hotel use have been unsuccessful. The development of the
2multipurpose venue at Pier 30-32 and the termination of the trust
3use restrictions at Seawall Lot 330 would create substantial new
4demand for visitor-serving uses at that location and would make
5those uses financially feasible as part of an overall residential,
6visitor-serving, and mixed-use development at Seawall Lot 330.
7Also, Seawall Lot 330 presents an opportunity to enhance the trust
8value of the project on Pier 30-32 by attracting more people to the
9waterfront and providing accommodations to people from both
10the San Francisco region and other areas of the state through
11visitor-serving uses, which may include visitor-serving retail,
12restaurants, or hotel use, or any combination of these.
Section 5 of Chapter 489 of the Statutes of 2001, as
14amended by Section 2 of Chapter 68 of the Statutes of 2003, is
15amended to read:
(a) The Legislature, in the exercise of its retained power
17as trustee of the public trust, and in view of the unique
18circumstances existing at Pier 30-32 on the San Francisco
19waterfront hereby authorizes the State Lands Commission to
20approve a mixed-use development on the San Francisco waterfront
21at Pier 30-32 that includes a multipurpose venue for events and
22public assembly, if the State Lands Commission finds, at a properly
23noticed public meeting, that all of the following conditions are
25(1) The mixed-use development is designed to attract people to
26the waterfront, increase public enjoyment of the San Francisco
27Bay, encourage public trust activities, and enhance public use of
28trust assets and resources on the waterfront.
29(2) (A) The mixed-use development is designed to provide
30multiple significant views of the Bay Bridge and the San Francisco
31Bay from a variety of elevations and vantage points, including
32significant views of the Bay Bridge and the San Francisco Bay
33from the interior concourses of the multipurpose venue and views
34of the Bay Bridge from certain seating areas within the
36(B) The multipurpose venue facility is located to minimize
37interference with public views of San Francisco Bay to the extent
39(C) The multipurpose venue facility provides free public access
40to patrons and nonpatrons alike to exterior portions of the building
P15 1from which the public can view the San Francisco Bay, subject to
2reasonable limitations based on security. In addition, to encourage
3the public to come to the bay’s edge, the design of the multipurpose
4venue shall provide significant free public views of the inside of
5the multipurpose venue from the outside, and the operator of the
6 multipurpose venue shall be required to allow the public to view
7the inside of the multipurpose venue from the outside during events
9(3) The mixed-use development is designed to achieve and
10enhance maximum feasible public access to and minimum fill in
11the bay in a manner that is consistent, as determined by BCDC in
12its separate permit process, with the Special Area Plan, the
13McAteer-Petris Act, and the Bay Plan.
14(4) The mixed-use development includes significant public
15plazas open to the public on a substantially permanent basis that
16can be accessed via public pedestrian promenades at the site that
17encourage public use of the site and provide a variety of views of
18the San Francisco Bay and the San Francisco cityscape.
19(5) The mixed-use development includes continuous public
20access around the perimeter of Pier 30-32 open to the public year
21round, with limited exceptions for temporary safety, security, and
22maritime-based interruptions, and includes an interpretive program
23to enhance the public’s enjoyment of the site.
24(6) The mixed-use development includes a significant and
25appropriate maritime program, which shall be consistent with the
26Special Area Plan and shall include, but is not limited to:
27(A) A city fire station and berthing facilities for city fire boats,
28or, in lieu thereof, one or more other maritime uses on the north
29side of Pier 30-32.
30(B) Facilities for berthing
at the east end of Pier 30-32,
31including, but not limited to, facilities that can accommodate
32periodic use by cruise or other deep draft vessels, or other facilities
33that promote the deep water berth at Pier 30-32.
34(C) Facilities that enable direct public access to the water by
35human-powered vessels or swimmers, if feasible, on the south side
36of Pier 30-32, or water-oriented recreational uses facing the
37Brannan Street Wharf open water basin.
38(D) Water-transit docking or berthing facilities for water taxis,
39ferries, or both.
P16 1(7) Any nonmaritime office space on Pier 30-32 is limited to
270,000 square feet, and any nonmaritime office space provided on
3Pier 30-32 is for use only by the primary tenants of the
4multipurpose venue for events and public assembly, the venue
5supporting or trust retail uses on Pier 30-32, and the operation and
6management of the open space and other public facilities on Pier
8(8) Retail uses on Pier 30-32 are limited to trust retail uses and
9 venue supporting retail uses that do not exceed 10,000 square feet
10per store and 20,000 feet in the aggregate.
11(9) Parking on Pier 30-32, when not in use for events located
12along the waterfront within the vicinity of the multipurpose venue,
13shall be limited to public parking. Management strategies for the
14public parking, including, but not limited to, time limits and rates,
15shall be structured so that the parking is accessible to visitors to
16Pier 30-32 and use for residential or commuter parking is
18(10) Public trust-consistent events, uses, and programming are
19offered regularly at the site of the mixed-use development. The
20site shall be made available to the Port or its designee for those
21events on at least 15 days per year, including at least three days
22on which the multipurpose venue shall be made available to the
23Port or its designee for those events. These events shall include
24free and low-cost visitor-serving events.
25(11) A public community room is available at the site for free
26or low-cost use by members of the statewide public, without
27preference to local residents or organizations.
28(12) The development of the site is required to be consistent
29with a plan to address anticipated sea-level rise through the year
302050, which shall include enforceable strategies incorporating an
31adaptive management approach to sea-level rise for the duration
32of the ground lease term.
33(13) The development approved for Seawall Lot 330 includes
34a hotel or other visitor-serving uses that will materially enhance
35public trust uses on Pier 30-32 and the San Francisco waterfront.
36(14) The City has filed a notice of determination for the
37 mixed-use development project at Pier 30-32 under the California
38Environmental Quality Act (Division 13 (commencing with Section
3921000) of the Public Resources Code), and the City’s board of
P17 1supervisors and the Port have given the project all necessary local
2approvals, each following at least one public hearing.
3(15) A major permit application for the mixed-use development
4at Pier 30-32 has been submitted to BCDC.
5(16) In consideration of the conditions described in paragraphs
6(1) to (15), inclusive, and any other relevant information considered
7by the State Lands Commission, the mixed-use development
8project at Pier 30-32 is otherwise consistent with the public trust.
9(17) The mixed-use
development project at Pier 30-32 is in the
10best interest of the state.
11(b) Consistent with the past practice of coordination and
12consultation between the State Lands Commission and BCDC on
13proposed projects along the San Francisco waterfront, the State
14Lands Commission staff shall consult with BCDC staff prior to
15placing an action item on the agenda for the State Lands
16 Commission to determine whether the mixed-use development at
17Pier 30-32 is consistent with the requirements of this section. The
18two agencies shall closely coordinate the scheduling of all public
19meetings to consider the subjects referenced in paragraphs (16)
20and (17) of subdivision (a).
21(c) (1) If a multipurpose venue for events and public assembly
22is approved and constructed on Pier 30-32, the Port shall submit
23and present at a properly noticed public State Lands Commission
24meeting a trust program report to the State Lands Commission, no
25later than five years from the date of the opening of the
26multipurpose venue, and every five years thereafter through the
27term of the ground lease for the multipurpose venue, that contains
28all of the following information:
29(A) A list and description of the trust-related events and
30programming that have occurred at the site of the mixed-use
31development and in the multipurpose venue over the preceding
32five-year period, including the dates on which the events occurred
33or the multipurpose venue was made available for those events,
34and identifying any free and low-cost visitor-serving events.
35(B) A description of the efforts made by the Port, its tenants,
36and subtenants to publicize the availability of Pier 30-32, including
37the multipurpose venue, for trust-related events and other efforts
38undertaken to solicit such events.
39(C) A description of the maritime program on those portions of
40Pier 30-32 within the purview of the Port or the City, including a
P18 1list of the facilities constructed, identification of any tenants,
2licensees, or other operators of the maritime facilities, and a
3description of the nature and frequency of the maritime use.
4(D) A description of the tenants and use of the nonmaritime
5office space and the use of the public community room on Pier
7(E) Any other information specifically requested by the State
8Lands Commission that pertains to the City or Port program of
9trust uses for Pier 30-32 and that is reasonably obtainable by the
10City or Port.
11(2) (A) The Port, and the City, if applicable, shall work
12cooperatively with the executive officer of the State Lands
13Commission to develop an implementation plan if the executive
14officer of the State Lands Commission, upon review of the trust
15program report, determines both of the following:
16(i) That Pier 30-32 is not being used for at least 15 trust-related
17events annually at the site as a whole or is not being used for at
18least three trust-related events annually at the multipurpose venue
19as specified in paragraph (10) of subdivision (a); or, that the City
20or the Port has not implemented the maritime program for Pier
2130-32 for its intended purposes, as specified in paragraph (6) of
23(ii) That the Port, or the City, as applicable, has not taken
24effective action to achieve the objectives specified in clause (i).
25(B) The executive officer of the State Lands Commission shall
26provide written notice to the Port and the City of a determination
27under subparagraph (A) requiring the development of an
28implementation plan, including the basis for that determination.
29An implementation plan developed pursuant to this paragraph shall
30ensure that the objectives of clause (i) of subparagraph (A) are met
31for the next five-year reporting period and shall be consistent with
32the terms and conditions set forth in governmental approvals for
33development of the project and in then-existing leases and other
34contracts affecting use of the site, including rights of leasehold
35mortgagees under those contracts. In accordance with this
36subparagraph, the implementation plan may include a plan for
37improving outreach, publicity, or marketing efforts for trust events
38or to attract maritime operators or users.
39(3) In conjunction with the Port’s report required in paragraph
40(1), the tenant of the multipurpose venue shall submit and, if
P19 1requested by the executive officer of the State Lands Commission,
2present at a properly noticed public State Lands Commission
3meeting, an informational report to the State Lands Commission
4describing how the event program at the multipurpose venue is
5meeting the objectives for use of that venue set forth in paragraph
6(2) of subdivision (a).
Section 6 of Chapter 489 of the Statutes of 2001 is
8amended to read:
The Legislature finds and declares that the 2000
10amendments of the Bay Plan and the Special Area Plan by BCDC
11are authorized under subdivision (f) of Section 66632 of the
12Government Code as necessary to protect the health, safety, and
13welfare of the public in the entire bay area, and BCDC’s actions
14with respect to those amendments are hereby ratified and
Section 7 of Chapter 489 of the Statutes of 2001, as
17amended by Section 3 of Chapter 68 of the Statutes of 2003, is
18amended to read:
(a) Any legislative or regulatory requirement for
20findings of consistency with the public trust doctrine or the Burton
21Act trust under the Special Area Plan, the Bay Plan, or any other
22applicable statute, regulation, or plan shall be deemed satisfied if
23the State Lands Commission has found that the mixed-use
24development on Pier 30-32 is consistent with the requirements of
25Section 6 of this act.
26(b) Except with respect to a finding of consistency with the
27public trust doctrine, nothing in this act is intended to limit the
28authority and discretion of BCDC to approve or deny permits for
29the mixed-use development on Pier 30-32 generally described in
30this act in a manner consistent with the McAteer-Petris Act, the
31Bay Plan, and the Special Area Plan, including the authority and
32discretion of BCDC to impose conditions on the permits for the
33project. Except as provided in subdivision (a), the project’s
34consistency with the requirements of Section 6 of this act shall not
35be conclusive on BCDC in the exercise of its discretion to
36determine whether the mixed-use development on Pier 30-32 is
37consistent with the McAteer-Petris Act and the policies of the Bay
38Plan and the Special Area Plan. This act shall not limit the authority
39and discretion of BCDC to enforce permits issued for the projects
40described in this act.
P20 1(c) In its environmental analysis pursuant to the California
2Environmental Quality Act (Division 13 (commencing with Section
321000) of the Public Resources Code), the City shall examine
4distributed parking alternatives to serve events at the multipurpose
5venue designed to minimize traffic impacts on the Embarcadero
6and on the Herb Caen Way promenade, including, but not limited
7to, parking alternatives on the west side of the Embarcadero, before
8finalizing a planned number of parking spaces.
9(d) In its major permit for the project, BCDC may establish a
10maximum number of parking spaces on Pier 30-32 and parking
11management operational measures for that parking, consistent with
12the McAteer-Petris Act, the Bay Plan, the Special Area Plan, and
13the following criteria:
14(1) The amount of parking shall not exceed the minimum amount
15necessary to accommodate the public’s use of Pier 30-32, taking
16into account land and water public transportation systems and
17offsite parking facilities that serve or are planned to serve the site.
18(2) Parking shall be located under active uses on Pier 30-32 and
19shall be screened from public view.
20(3) Structures enclosing the parking shall be constructed to
21minimize impacts on views to public access areas on Pier 30-32
22and to the Bay and on the usability and attractiveness of public
23access on top of the parking structure.
24(4) Parking on the pier, and any new signalized intersection
25made necessary by parking on the pier, shall not materially impair
26the current and future use of Herb Caen Way as a regionally
begin delete bicycleend delete and public access way, and
28the provision of ground-level perimeter access on the pier.
29(e) (1) The Pier 30-32 project shall include offsite public
30benefits that would not ordinarily be required in a major permit,
31which benefits shall be developed through a public process
32conducted by BCDC and the Port and approved by BCDC, either
33through this section or through an amendment to the Special Area
35(2) In considering whether to issue a major permit for the
36mixed-use development on Pier 30-32 that the State Lands
37Commission has found to be consistent with Section 6 of this act,
38BCDC may consider the offsite public benefits proposed as part
39of the development project developed pursuant to paragraph (1),
40together with the project’s onsite public benefits, in determining
P21 1whether the project is consistent, on balance, with the adopted
2policies of the Bay Plan and Special Area Plan, including, but not
3limited to, the Special Area Plan policies for piers not designated
4for removal, which apply to Pier 30-32.
5(3) For purposes of this subdivision public benefits developed
6pursuant to this section may include but are not limited to, any of
8(A) Rehabilitation of a Port historic structure or a substantial
10(B) Bay view enhancement by accelerating the removal of a
11pier shed or other structure presently obstructing public views of
12the bay. If the removal of the structure is not currently required
13pursuant to the Special Area Plan and the removal of the structure
14provides bay views of a similar quality to that afforded by removal
15of a Port historic structure currently required by the Special Area
16Plan, any such removal shall be deemed to satisfy the existing
17requirement for removal of a Port historic structure.
18(C) Bicycle or pedestrian improvements to enhance public access
19in the vicinity of the Pier 30-32 site.
Section 8 of Chapter 489 of the Statutes of 2001 is
21amended to read:
(a) For the purpose of effectuating the sale of the street,
23including the conveyance of the street by the city, free of the public
24trust and the Burton Act trust, the State Lands Commission may
25convey to the city by patent all of the rights, title, and interest held
26by the state by virtue of its sovereign trust title to the street,
27including any public trust interest or Burton Act reservation or
28trust interest, not heretofore conveyed, subject to any reservations
29the State Lands Commission determines appropriate.
30(b) In any case in which the state, pursuant to this act, conveys
31filled tidelands and submerged lands transferred to the city pursuant
32to the Burton Act, the state shall reserve all minerals and all mineral
33rights in the lands of every kind and character now known to exist
34or hereafter discovered, including, but not limited to, oil and gas
35and rights thereto, together with the sole, exclusive, and perpetual
36right to explore for, remove, and dispose of those minerals by any
37means or methods suitable to the state or to its successors and
38assignees, except that, notwithstanding the Burton Act, or Section
396401 of the Public Resources Code, any such reservation shall not
40include the right of the state or its successors or assignees in
P22 1connection with any mineral exploration, removal, or disposal
2activity, to do either of the following:
3(1) Enter upon, use, or damage the surface of the lands or
4interfere with the use of the surface by any grantee or by the
5grantee’s successors or assignees.
6(2) Conduct any mining activities of any nature whatsoever
7above a plane located 500 feet below the surface of the lands
8without the prior written permission of any grantee of the lands or
9the grantee’s successors or assignees.
10(c) This section does not require the state, the city, or the Port
11to reserve mineral rights in any portion of Seawall Lot 330,
12including any portion of the street, that is conveyed pursuant to
Section 9 of Chapter 489 of the Statutes of 2001 is
15amended to read:
The city may, pursuant to Section 3 of Article X of the
17California Constitution, sell the street to any private person,
18partnership, or corporation, with the approval of the State Lands
19Commission, if the city first finds that the sale is consistent with
20the legislative findings and declarations set forth in Section 3. That
21sale shall not be effective unless and until the State Lands
22Commission, at a regular open meeting with the proposed sale of
23the street as a properly scheduled agenda item, does, or has done,
24all of the following:
25(a) Finds, or has found, that the consideration for the sale of the
26street pursuant to Section 3 of Article X of the California
27Constitution shall be the fair market value of the street.
28(b) Adopts, or has adopted, a resolution approving the sale that
29finds and declares that the street has been filled and reclaimed, is
30cut off from access to the waters of San Francisco Bay, and is no
31longer needed or required for the promotion of the public trust or
32the Burton Act trust, and that no substantial interference with the
33public trust or Burton Act trust uses and purposes will ensue by
34virtue of the sale. The resolution shall also declare that the sale is
35consistent with the findings and declarations in Section 3, and the
36sale is in the best interests of the state and city. Upon adoption of
37the resolution, or at a time that is specified in the resolution, the
38street shall thereupon be free from the public trust and the Burton
P23 1(c) Finds,
or has found, that the proceeds for the sale of the
2street will be devoted to trust-related capital improvements by the
4(d) This section does not apply to a conveyance of any portion
5of Seawall Lot 330, including the street, that is made pursuant to
Section 11 of Chapter 489 of the Statutes of 2001 is
8amended to read:
A deed, patent, agreement, or other instrument
10executed in furtherance of this act, or an action of the state, the
11city, or the Port to approve the use, lease, or conveyance of any
12portion of port property subject to this act, or to approve project
13agreements, grant entitlements, or permits, or issue bonds or other
14indebtedness in connection with the use and development of that
15property in accordance with this act, shall be conclusively
16presumed to be valid, unless held to be invalid in an appropriate
17proceeding in a court of competent jurisdiction to determine the
18validity of the instrument, agreement, or approval commenced
19within 60 days after the recording of the instrument or agreement,
20or the recording of a memorandum evidencing the instrument or
21agreement, or, in the case of an approval, within 60 days after the
Section 13 of Chapter 489 of the Statutes of 2001 is
24amended to read:
(a) An action may be brought under Chapter 4
26(commencing with Section 760.010) of Title 10 of Part 2 of the
27Code of Civil Procedure to establish title to any lands conveyed
28pursuant to this act or by the parties to any agreement regarding a
29street sale or exchange of land entered into pursuant to this act or
30pursuant to Chapter 310 of the Statutes of 1987 to confirm the
31validity of the agreement. Notwithstanding Section 764.080 of the
32Code of Civil Procedure, the statement of decision in the action
33shall include a recitation of the underlying facts and a determination
34whether the conveyance or agreement meets the requirements of
35this act, and, if applicable, Chapter 310 of the Statutes of 1987,
36Sections 3 and 4 of Article X of the California Constitution, and
37any other law applicable to the validity of the conveyance or
39(b) For purposes of Section 764.080 of the Code of Civil
40Procedure, and unless otherwise agreed in writing, an agreement
P24 1entered into pursuant to this act shall be deemed to be entered into
2on the date it is executed by the executive officer of the State Lands
3Commission, who shall be the last of the parties to sign prior to
4the signature of the Governor. The effective date of the agreement
5shall be deemed to be the date on which it is executed by the
6Governor pursuant to Section 6107 of the Public Resources Code.
7(c) An action may be brought under Chapter 9 (commencing
8with Section 860) of Title 10 of Part 2 of the Code of Civil
9Procedure to determine the legality and validity of a deed, patent,
10agreement, or other instrument executed in furtherance of or
11authorized by this act, or an action of the city or Port to use, lease,
12or convey any property, or to approve project agreements, grant
13entitlements, or permits, or issue bonds or other indebtedness in
14connection with the use and development of that property, in
15accordance with this act. Prior to the filing of an action, the
16Attorney General and the executive officer of the State Lands
17Commission shall be provided written notice of the action and a
18copy of the complaint. An action authorized by this subdivision
19may be combined with an action authorized by subdivision (a).
Section 14 of Chapter 489 of the Statutes of 2001 is
21amended to read:
(a) This act does not alter the obligations of the city
23or the Port under the California Environmental Quality Act
24(Division 13 (commencing with Section 21000) of the Public
25Resources Code), including any obligation to consider alternatives
26to a project proposed for Pier 30-32 or Seawall Lot 330.
27(b) If there are material changes to the mixed-use development
28project at Pier 30-32 after action by the State Lands Commission
29pursuant to Section 6 of this act, the mixed use development project
30at Pier 30-32 shall be resubmitted to the State Lands Commission
31for approval consistent with the requirements of Section 6 of the
32act that added this subdivision during the 2013-14 Regular Session.
33 The executive officer of the State Lands Commission shall
34determine whether the changes made to the mixed-use development
35project at Pier 30-32 are material.
36(c) If a mixed-use development at Pier 30-32 that includes a
37multipurpose venue for events and public assembly that meets the
38conditions of Section 6 of the act that added this subdivision during
39the 2013-14 Regular Session, has not been approved on or before
P25 1January 1, 2024, the provisions of Section 6 and Section 8 of that
2act shall become inoperative as of that date.
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
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.