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.
8(e) “Baylands Parcel” means that real property situated along
9the San Francisco Bay in the County of San Mateo and owned by
10the SFPUC, commonly referred to as the Ravenswood Unit.
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
2 for 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
30(t) “SFPUC” means the City and County of San Francisco acting
31by and through the San Francisco Public Utilities Commission.
33 “Shoreline band jurisdiction” means the jurisdiction, powers,
34and duties of BCDC pursuant to Title 7.2 (commencing with
35Section 66600) of the Government Code to regulate uses within
36the area defined in subdivision (b) of Section 66610 of the
37Government Code to ensure, in part, maximum feasible public
38access, 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 the piers
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.
22(g) The proposed mixed-use development at Pier 30-32 would
23not displace any existing maritime uses at the site and would allow
24the existing maritime use of the pier to continue and expand by
25ensuring the long-term viability of the pier facility. The historic
26use of Pier 30-32 for breakbulk cargo operations is no longer viable
27for that pier or any of the finger piers between Pier 35 to Pier 48
28due to a number of factors, including the construction of the
29present-day Embarcadero roadway and elimination of rail service
30to the piers, and the finger piers are not designed to accommodate
31modern containerized cargo operations. Accordingly, the proposed
32mixed-use project would not eliminate any opportunities to develop
33future maritime cargo facilities on Port property.
34(h) Pier 30-32 is ideally situated to provide public access to and
35enjoyment of the waterfront and bay. It is within walking distance
36of the Ferry Building, the San Francisco Giants baseball stadium,
37and regional transit hubs, including the Transbay Transit Center,
38which is under construction, has unmatched views of the Bay and
39the Bay Bridge, and is immediately adjacent to the Brannan Street
40Wharf project, which will provide a 58,700-square-foot
P13 1pile-supported park over the bay, consistent with the Special Area
2Plan. The Port committed to the construction of the Brannan Street
3Wharf earlier than required under the Special Area Plan through
4investment of approximately twenty-five million dollars
5($25,000,000) for the removal of 175,000 square feet of
6 pile-supported fill and development of public access improvements.
7Construction of the Brannan Street Wharf project was recently
8completed and the wharf was opened to the public in July 2013.
9The value of the Brannan Street Wharf as a recreational resource
10is diminished by the current condition and use of Pier 30-32, which
11cannot support dedicated public access on the pier and full
12realization of the Brannan Street Wharf Open Water Basin.
13(i) The inclusion of significant public access improvements,
14maritime facilities, and venue supporting or trust retail uses,
15together with a new multipurpose venue for events that bring
16people from around the state to the waterfront to use and enjoy the
17public trust assets of San Francisco, enhances and promotes trust
18purposes at Pier 30-32.
19(j) The Port estimates the cost of the construction of the
20substructure and related improvements required to make Pier 30-32
21useable for the proposed mixed-use development is in excess of
22one hundred twenty million dollars ($120,000,000), which
23significantly exceeds the Port’s appraised fair market value of the
24pier. The Port plans to finance the substructure costs with private
25capital and the following public revenue sources: the proceeds
26from the sale or lease of Seawall Lot 330 pursuant to AB 418, rent
27credits for the lease of Pier 30-32 to the developer of the venue,
28property tax increment from an infrastructure financing district,
29and possibly special taxes from a community facilities district.
30Construction of the multipurpose venue structure will be entirely
31privately financed and will not require any expenditure of money
32from the city’s general fund, or from other city or Port funds.
33(k) There are presently few visitor-serving amenities in the
34vicinity of Pier 30-32. The Port’s efforts to develop its property
35for hotel use have been unsuccessful. The development of the
36multipurpose venue at Pier 30-32 and the termination of the trust
37use restrictions at Seawall Lot 330 would create substantial new
38demand for visitor-serving uses at that location and would make
39those uses financially feasible as part of an overall residential,
40visitor-serving, and mixed-use development at Seawall Lot 330.
P14 1Also, Seawall Lot 330 presents an opportunity to enhance the trust
2value of the project on Pier 30-32 by attracting more people to the
3waterfront and providing accommodations to people from both
4the San Francisco region and other areas of the state through
5visitor-serving uses, which may include visitor-serving retail,
6restaurants, or hotel use, or any combination of these.
Section 5 of Chapter 489 of the Statutes of 2001, as
8amended by Section 2 of Chapter 68 of the Statutes of 2003, is
9amended to read:
(a) The Legislature, in the exercise of its retained power
11as trustee of the public trust, and in view of the unique
12circumstances existing at Pier 30-32 on the San Francisco
13waterfront hereby authorizes the State Lands Commission to
14approve a mixed-use development on the San Francisco waterfront
15at Pier 30-32 that includes a multipurpose venue for events and
16public assembly, if the State Lands Commission finds, at a properly
17noticed public meeting, that all of the following conditions are
19(1) The mixed-use development is designed to attract people to
20the waterfront, increase public enjoyment of the San Francisco
21Bay, encourage public trust activities, and enhance public use of
22trust assets and resources on the waterfront.
23(2) (A) The mixed-use development is designed to provide
24multiple significant views of the Bay Bridge and the San Francisco
25Bay from a variety of elevations and vantage points, including
26significant views of the Bay Bridge and the San Francisco Bay
27from the interior concourses of the multipurpose venue and views
28of the Bay Bridge from certain seating areas within the
30(B) The multipurpose venue facility is located to minimize
31interference with public views of San Francisco Bay to the extent
33(C) The multipurpose venue facility provides free public access
34to patrons and nonpatrons alike to exterior portions of the building
35from which the public can view the San Francisco Bay, subject to
36reasonable limitations based on security. In addition, to encourage
37the public to come to the bay’s edge, the design of the multipurpose
38venue shall provide significant free public views of the inside of
39the multipurpose venue from the outside, and the operator of the
40 multipurpose venue shall be required to allow the public to view
P15 1the inside of the multipurpose venue from the outside during events
3(3) The mixed-use development is designed to achieve and
4enhance maximum feasible public access to and minimum fill in
5the bay in a manner that is consistent, as determined by BCDC in
6its separate permit process, with the Special Area Plan, the
7McAteer-Petris Act, and the Bay Plan.
8(4) The mixed-use development includes significant public
9plazas open to the public on a substantially permanent basis that
10can be accessed via public pedestrian promenades at the site that
11encourage public use of the site and provide a variety of views of
12the San Francisco Bay and the San Francisco cityscape.
13(5) The mixed-use development includes continuous public
14access around the perimeter of Pier 30-32 open to the public year
15round, with limited exceptions for temporary safety, security, and
16maritime-based interruptions, and includes an interpretive program
17to enhance the public’s enjoyment of the site.
18(6) The mixed-use development includes a significant and
19appropriate maritime program, which shall be consistent with the
20Special Area Plan and shall include, but is not limited to:
21(A) A city fire station and berthing facilities for city fire boats,
22or, in lieu thereof, one or more other maritime uses on the north
23side of Pier 30-32.
24(B) Facilities for berthing
at the east end of Pier 30-32,
25including, but not limited to, facilities that can accommodate
26periodic use by cruise or other deep draft vessels, or other facilities
27that promote the deep water berth at Pier 30-32.
28(C) Facilities that enable direct public access to the water by
29human-powered vessels or swimmers, if feasible, on the south side
30of Pier 30-32, or water-oriented recreational uses facing the
31Brannan Street Wharf open water basin.
32(D) Water-transit docking or berthing facilities for water taxis,
33ferries, or both.
34(7) Any nonmaritime office space on Pier 30-32 is limited to
3570,000 square feet, and any nonmaritime office space provided on
36Pier 30-32 is for use only by the primary tenants of the
37multipurpose venue for events and public assembly, the venue
38supporting or trust retail uses on Pier 30-32, and the operation and
39management of the open space and other public facilities on Pier
P16 1(8) Retail uses on Pier 30-32 are limited to trust retail uses and
2 venue supporting retail uses that do not exceed 10,000 square feet
3per store and 20,000 feet in the aggregate.
4(9) Parking on Pier 30-32, when not in use for events located
5along the waterfront within the vicinity of the multipurpose venue,
6shall be limited to public parking. Management strategies for the
7public parking, including, but not limited to, time limits and rates,
8shall be structured so that the parking is accessible to visitors to
9Pier 30-32 and use for residential or commuter parking is
11(10) Public trust-consistent events, uses, and programming are
12offered regularly at the site of the mixed-use development. The
13site shall be made available to the Port or its designee for those
14events on at least 15 days per year, including at least three days
15on which the multipurpose venue shall be made available to the
16Port or its designee for those events. These events shall include
17free and low-cost visitor-serving events.
18(11) A public community room is available at the site for free
19or low-cost use by members of the statewide public, without
20preference to local residents or organizations.
21(12) The development of the site is required to be consistent
22with a plan to address anticipated sea-level rise through the year
232050, which shall include enforceable strategies incorporating an
24adaptive management approach to sea-level rise for the duration
25of the ground lease term.
26(13) The development approved for Seawall Lot 330 includes
27a hotel or other visitor-serving uses that will materially enhance
28public trust uses on Pier 30-32 and the San Francisco waterfront.
29(14) The City has filed a notice of determination for the
30 mixed-use development project at Pier 30-32 under the California
31Environmental Quality Act (Division 13 (commencing with Section
3221000) of the Public Resources Code), and the City’s board of
33supervisors and the Port have given the project all necessary local
34approvals, each following at least one public hearing.
35(15) A major permit application for the mixed-use development
36at Pier 30-32 has been submitted to BCDC.
37(16) In consideration of the conditions described in paragraphs
38(1) to (15), inclusive, and any other relevant information considered
39by the State Lands Commission, the mixed-use development
40project at Pier 30-32 is otherwise consistent with the public trust.
P17 1(17) The mixed-use development project at Pier
30-32 is in the
2best interest of the state.
3(b) Consistent with the past practice of coordination and
4consultation between the State Lands Commission and BCDC on
5proposed projects along the San Francisco waterfront, the State
6Lands Commission staff shall consult with BCDC staff prior to
7placing an action item on the agenda for the State Lands
8 Commission to determine whether the mixed-use development at
9Pier 30-32 is consistent with the requirements of this section. The
10two agencies shall closely coordinate the scheduling of all public
11meetings to consider the subjects referenced in paragraphs (16)
12and (17) of subdivision (a).
13(c) (1) If a multipurpose venue for events and public assembly
14is approved and constructed on Pier 30-32, the Port shall submit
15and present at a properly noticed public State Lands Commission
16meeting a trust program report to the State Lands Commission, no
17later than five years from the date of the opening of the
18multipurpose venue, and every five years thereafter through the
19term of the ground lease for the multipurpose venue, that contains
20all of the following information:
21(A) A list and description of the trust-related events and
22programming that have occurred at the site of the mixed-use
23development and in the multipurpose venue over the preceding
24five-year period, including the dates on which the events occurred
25or the multipurpose venue was made available for those events,
26and identifying any free and low-cost visitor-serving events.
27(B) A description of the efforts made by the Port, its tenants,
28and subtenants to publicize the availability of Pier 30-32, including
29the multipurpose venue, for trust-related events and other efforts
30undertaken to solicit such events.
31(C) A description of the maritime program on those portions of
32Pier 30-32 within the purview of the Port or the City, including a
33list of the facilities constructed, identification of any tenants,
34licensees, or other operators of the maritime facilities, and a
35description of the nature and frequency of the maritime use.
36(D) A description of the tenants and use of the nonmaritime
37office space and the use of the public community room on Pier
39(E) Any other information specifically requested by the State
40Lands Commission that pertains to the City or Port program of
P18 1trust uses for Pier 30-32 and that is reasonably obtainable by the
2City or Port.
3(2) (A) The Port, and the City, if applicable, shall work
4cooperatively with the executive officer of the State Lands
5Commission to develop an implementation plan if the executive
6officer of the State Lands Commission, upon review of the trust
7program report, determines both of the following:
8(i) That Pier 30-32 is not being used for at least 15 trust-related
9events annually at the site as a whole or is not being used for at
10least three trust-related events annually at the multipurpose venue
11as specified in paragraph (10) of subdivision (a); or, that the City
12or the Port has not implemented the maritime program for Pier
1330-32 for its intended purposes, as specified in paragraph (6) of
15(ii) That the Port, or the City, as applicable, has not taken
16effective action to achieve the objectives specified in clause (i).
17(B) The executive officer of the State Lands Commission shall
18provide written notice to the Port and the City of a determination
19under subparagraph (A) requiring the development of an
20implementation plan, including the basis for that determination.
21An implementation plan developed pursuant to this paragraph shall
22ensure that the objectives of clause (i) of subparagraph (A) are met
23for the next five-year reporting period and shall be consistent with
24the terms and conditions set forth in governmental approvals for
25development of the project and in then-existing leases and other
26contracts affecting use of the site, including rights of leasehold
27mortgagees under those contracts. In accordance with this
28subparagraph, the implementation plan may include a plan for
29improving outreach, publicity, or marketing efforts for trust events
30or to attract maritime operators or users.
31(3) In conjunction with the Port’s report required in paragraph
32(1), the tenant of the multipurpose venue shall submit and, if
33requested by the executive officer of the State Lands Commission,
34present at a properly noticed public State Lands Commission
35meeting, an informational report to the State Lands Commission
36describing how the event program at the multipurpose venue is
37meeting the objectives for use of that venue set forth in paragraph
38(2) of subdivision (a).
Section 6 of Chapter 489 of the Statutes of 2001 is
40amended to read:
The Legislature finds and declares that the 2000
2amendments of the Bay Plan and the Special Area Plan by BCDC
3are authorized under subdivision (f) of Section 66632 of the
4Government Code as necessary to protect the health, safety, and
5welfare of the public in the entire bay area, and BCDC’s actions
6with respect to those amendments are hereby ratified and
Section 7 of Chapter 489 of the Statutes of 2001, as
9amended by Section 3 of Chapter 68 of the Statutes of 2003, is
10amended to read:
(a) Any legislative or regulatory requirement for
12findings of consistency with the public trust doctrine or the Burton
13Act trust under the Special Area Plan, the Bay Plan, or any other
14applicable statute, regulation, or plan shall be deemed satisfied if
15the State Lands Commission has found that the mixed-use
16development on Pier 30-32 is consistent with the requirements of
17Section 6 of this act.
18(b) Except with respect to a finding of consistency with the
19public trust doctrine, nothing in this act is intended to limit the
20authority and discretion of BCDC to approve or deny permits for
21the mixed-use development on Pier 30-32 generally described in
22this act in a manner consistent with the McAteer-Petris Act, the
23Bay Plan, and the Special Area Plan, including the authority and
24discretion of BCDC to impose conditions on the permits for the
25project. Except as provided in subdivision (a), the project’s
26consistency with the requirements of Section 6 of this act shall not
27be conclusive on BCDC in the exercise of its discretion to
28determine whether the mixed-use development on Pier 30-32 is
29consistent with the McAteer-Petris Act and the policies of the Bay
30Plan and the Special Area Plan. This act shall not limit the authority
31and discretion of BCDC to enforce permits issued for the projects
32described in this act.
33(c) In its environmental analysis pursuant to the California
34Environmental Quality Act (Division 13 (commencing with Section
3521000) of the Public Resources Code), the City shall examine
36distributed parking alternatives to serve events at the multipurpose
37venue designed to minimize traffic impacts on the Embarcadero
38and on the Herb Caen Way promenade, including, but not limited
39to, parking alternatives on the west side of the Embarcadero, before
40finalizing a planned number of parking spaces.
P20 1(d) In its major permit for the project, BCDC may establish a
2maximum number of parking spaces on Pier 30-32 and parking
3management operational measures for that parking, consistent with
4the McAteer-Petris Act, the Bay Plan, the Special Area Plan, and
5the following criteria:
6(1) The amount of parking shall not exceed the minimum amount
7necessary to accommodate the public’s use of Pier 30-32, taking
8into account land and water public transportation systems and
9offsite parking facilities that serve or are planned to serve the site.
10(2) Parking shall be located under active uses on Pier 30-32 and
11shall be screened from public view.
12(3) Structures enclosing the parking shall be constructed to
13minimize impacts on views to public access areas on Pier 30-32
14and to the Bay and on the usability and attractiveness of public
15access on top of the parking structure.
16(4) Parking on the pier, and any new signalized intersection
17made necessary by parking on the pier, shall not materially impair
18the current and future use of Herb Caen Way as a regionally
19significant pedestrian, bicycle, and public access way, and the
20provision of ground-level perimeter access on the pier.
21(e) (1) The Pier 30-32 project shall include offsite public
22benefits that would not ordinarily be required in a major permit,
23which benefits shall be developed through a public process
24conducted by BCDC and the Port and approved by BCDC, either
25through this section or through an amendment to the Special Area
27(2) In considering whether to issue a major permit for the
28mixed-use development on Pier 30-32 that the State Lands
29Commission has found to be consistent with Section 6 of this act,
30BCDC may consider the offsite public benefits proposed as part
31of the development project developed pursuant to paragraph (1),
32together with the project’s onsite public benefits, in determining
33whether the project is consistent, on balance, with the adopted
34policies of the Bay Plan and Special Area Plan, including, but not
35limited to, the Special Area Plan policies for piers not designated
36for removal, which apply to Pier 30-32.
37(3) For purposes of this subdivision public benefits developed
38pursuant to this section may include but are not limited to, any of
P21 1(A) Rehabilitation of a Port historic structure or a substantial
3(B) Bay view enhancement by accelerating the removal of a
4pier shed or other structure presently obstructing public views of
5the bay. If the removal of the structure is not currently required
6pursuant to the Special Area Plan and the removal of the structure
7provides bay views of a similar quality to that afforded by removal
8of a Port historic structure currently required by the Special Area
9Plan, any such removal shall be deemed to satisfy the existing
10requirement for removal of a Port historic structure.
11(C) Bicycle or pedestrian improvements to enhance public access
12in the vicinity of the Pier 30-32 site.
Section 8 of Chapter 489 of the Statutes of 2001 is
14amended to read:
(a) For the purpose of effectuating the sale of the street,
16including the conveyance of the street by the city, free of the public
17trust and the Burton Act trust, the State Lands Commission may
18convey to the city by patent all of the rights, title, and interest held
19by the state by virtue of its sovereign trust title to the street,
20including any public trust interest or Burton Act reservation or
21trust interest, not heretofore conveyed, subject to any reservations
22the State Lands Commission determines appropriate.
23(b) In any case in which the state, pursuant to this act, conveys
24filled tidelands and submerged lands transferred to the city pursuant
25to the Burton Act, the state shall reserve all minerals and all mineral
26rights in the lands of every kind and character now known to exist
27or hereafter discovered, including, but not limited to, oil and gas
28and rights thereto, together with the sole, exclusive, and perpetual
29right to explore for, remove, and dispose of those minerals by any
30means or methods suitable to the state or to its successors and
31assignees, except that, notwithstanding the Burton Act, or Section
326401 of the Public Resources Code, any such reservation shall not
33include the right of the state or its successors or assignees in
34connection with any mineral exploration, removal, or disposal
35activity, to do either of the following:
36(1) Enter upon, use, or damage the surface of the lands or
37interfere with the use of the surface by any grantee or by the
38grantee’s successors or assignees.
39(2) Conduct any mining activities of any nature whatsoever
40above a plane located 500 feet below the surface of the lands
P22 1without the prior written permission of any grantee of the lands or
2the grantee’s successors or assignees.
3(c) This section does not require the state, the city, or the Port
4to reserve mineral rights in any portion of Seawall Lot 330,
5including any portion of the street, that is conveyed pursuant to
Section 9 of Chapter 489 of the Statutes of 2001 is
8amended to read:
The city may, pursuant to Section 3 of Article X of the
10California Constitution, sell the street to any private person,
11partnership, or corporation, with the approval of the State Lands
12Commission, if the city first finds that the sale is consistent with
13the legislative findings and declarations set forth in Section 3. That
14sale shall not be effective unless and until the State Lands
15Commission, at a regular open meeting with the proposed sale of
16the street as a properly scheduled agenda item, does, or has done,
17all of the following:
18(a) Finds, or has found, that the consideration for the sale of the
19street pursuant to Section 3 of Article X of the California
20Constitution shall be the fair market value of the street.
21(b) Adopts, or has adopted, a resolution approving the sale that
22finds and declares that the street has been filled and reclaimed, is
23cut off from access to the waters of San Francisco Bay, and is no
24longer needed or required for the promotion of the public trust or
25the Burton Act trust, and that no substantial interference with the
26public trust or Burton Act trust uses and purposes will ensue by
27virtue of the sale. The resolution shall also declare that the sale is
28consistent with the findings and declarations in Section 3, and the
29 sale is in the best interests of the state and city. Upon adoption of
30the resolution, or at a time that is specified in the resolution, the
31street shall thereupon be free from the public trust and the Burton
33(c) Finds, or has found, that the proceeds for the sale of the
34street will be devoted to trust-related capital improvements by the
36(d) This section does not apply to a conveyance of any portion
37of Seawall Lot 330, including the street, that is made pursuant to
Section 11 of Chapter 489 of the Statutes of 2001 is
40amended to read:
A deed, patent, agreement, or other instrument
2executed in furtherance of this act, or an action of the state, the
3city, or the Port to approve the use, lease, or conveyance of any
4portion of port property subject to this act, or to approve project
5agreements, grant entitlements, or permits, or issue bonds or other
6indebtedness in connection with the use and development of that
7property in accordance with this act, shall be conclusively
8presumed to be valid, unless held to be invalid in an appropriate
9proceeding in a court of competent jurisdiction to determine the
10validity of the instrument, agreement, or approval commenced
11within 60 days after the recording of the instrument or agreement,
12or the recording of a memorandum evidencing the instrument or
13agreement, or, in the case of an approval, within 60 days after the
Section 13 of Chapter 489 of the Statutes of 2001 is
16amended to read:
(a) An action may be brought under Chapter 4
18(commencing with Section 760.010) of Title 10 of Part 2 of the
19Code of Civil Procedure to establish title to any lands conveyed
20pursuant to this act or by the parties to any agreement regarding a
21street sale or exchange of land entered into pursuant to this act or
22pursuant to Chapter 310 of the Statutes of 1987 to confirm the
23validity of the agreement. Notwithstanding Section 764.080 of the
24Code of Civil Procedure, the statement of decision in the action
25shall include a recitation of the underlying facts and a determination
26whether the conveyance or agreement meets the requirements of
27this act, and, if applicable, Chapter 310 of the Statutes of 1987,
28Sections 3 and 4 of Article X of the California Constitution, and
29any other law applicable to the validity of the conveyance or
31(b) For purposes of Section 764.080 of the Code of Civil
32Procedure, and unless otherwise agreed in writing, an agreement
33entered into pursuant to this act shall be deemed to be entered into
34on the date it is executed by the executive officer of the State Lands
35Commission, who shall be the last of the parties to sign prior to
36the signature of the Governor. The effective date of the agreement
37shall be deemed to be the date on which it is executed by the
38Governor pursuant to Section 6107 of the Public Resources Code.
39(c) An action may be brought under Chapter 9 (commencing
40with Section 860) of Title 10 of Part 2 of the Code of Civil
P24 1Procedure to determine the legality and validity of a deed, patent,
2agreement, or other instrument executed in furtherance of or
3authorized by this act, or an action of the city or Port to use, lease,
4or convey any property, or to approve project agreements, grant
5entitlements, or permits, or issue bonds or other indebtedness in
6connection with the use and development of that property, in
7accordance with this act. Prior to the filing of an action, the
8Attorney General and the executive officer of the State Lands
9Commission shall be provided written notice of the action and a
10copy of the complaint. An action authorized by this subdivision
11may be combined with an action authorized by subdivision (a).
Section 14 of Chapter 489 of the Statutes of 2001 is
13amended to read:
(a) This act does not alter the obligations of the city
15or the Port under the California Environmental Quality Act
16(Division 13 (commencing with Section 21000) of the Public
17Resources Code), including any obligation to consider alternatives
18to a project proposed for Pier 30-32 or Seawall Lot 330.
19(b) If there are material changes to the mixed-use development
20project at Pier 30-32 after action by the State Lands Commission
21pursuant to Section 6 of this act, the mixed use development project
22at Pier 30-32 shall be resubmitted to the State Lands Commission
23for approval consistent with the requirements of Section 6 of the
24act that added this subdivision during the 2013-14 Regular Session.
25 The executive officer of the State Lands Commission shall
26determine whether the changes made to the mixed-use development
27project at Pier 30-32 are material.
28(c) If a mixed-use development at Pier 30-32 that includes a
29multipurpose venue for events and public assembly that meets the
30conditions of Section 6 of the act that added this subdivision during
31the 2013-14 Regular Session, has not been approved on or before
32January 1, 2024, the provisions of Section 6 and Section 8 of that
33act shall become inoperative as of that date.
begin delete(a)end delete For purposes of this act, subdivision (d) of Section
359 of AB 418 shall not apply to any sale of Seawall Lot 330 if the
36proceeds of the sale are applied to the cost of rehabilitating the
37Pier 30-32 substructure or the cost of constructing maritime or
38public access improvements on Pier 30-32.
39(b) (1) The requirements of paragraph (4) of subdivision (c) of
40Section 9 of AB 418 may be satisfied by the conveyance from the
P25 1SFPUC to the State Lands Commission of a public trust easement
2over, or a fee interest in, a portion of the Baylands Parcel, subject
3to appropriate reservations of access and other rights by SFPUC
4that may be necessary for the operation and maintenance of its
5water system, provided that the following conditions are met:
6(A) The SFPUC and the Port have entered into an agreement
7describing their respective rights and obligations relating to the
8trust easement or fee interest to be conveyed and the agreement
9has been approved by both the San Francisco Public Utilities
10Commission and the San Francisco Port Commission and, if
11required, by the Board of Supervisors of the City and County of
13(B) The State Lands Commission has approved the location of
14the trust easement or fee interest, determined that the lands covered
15by the trust easement or conveyed in fee are useful to the trust,
16and made any other determinations or findings required under
17paragraph (4) of subdivision (c) of Section 9 of AB 418 with
18respect to the lands to be covered by the trust easement or conveyed
20(2) Nothing in this subdivision shall limit the authority of the
21Port or the State Lands Commission to use lands other than those
22described in paragraph (1) to satisfy the requirements of paragraph
23(4) of subdivision (c) of Section 9 of AB 418.
24(c) (1) If the trust easement or fee interest described in
25subdivision (b) covers an area greater than required by paragraph
26(4) of subdivision (c) of Section 9 of AB 418, the Port may include
27some or all of the surplus area in any proposed public trust
28exchange authorized by law, subject to the approval of the State
29Lands Commission. If no exchange has been authorized at the time
30that a trust easement or fee interest containing surplus area is to
31be conveyed, the State Lands Commission and the Port may, by
32written agreement, treat the surplus area as a credit in any future
33trust exchange authorized by law, on such terms and conditions
34as may be agreed by the State Lands Commission and the Port.
35(2) Nothing in this subdivision shall limit the authority or
36discretion of the State Lands Commission to approve a land
37exchange authorized by law.
The reasonable costs of any study or investigation
39undertaken by or at the direction of the State Lands Commission
40or its staff that is necessary to implement this act, including
P26 1reasonable reimbursement for time incurred by State Lands
2Commission staff in processing, investigating, and analyzing any
3information submitted pursuant to this act, shall be borne by the
4Port or the City according to a budget to be agreed upon by State
5Lands Commission staff and the Port or the City, as applicable,
6before any such study or investigation is begun.
The Legislature finds and declares that a special law
8is necessary and that a general law cannot be made applicable
9within the meaning of Section 16 of Article IV of the California
10Constitution because of the unique circumstances applicable only
11to the trust lands described in this act.