BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1273
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1273 (Ting)
          As Amended  August 28, 2013
          Majority vote
           
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          |ASSEMBLY:  |59-10|(May 30, 2013)  |SENATE: |22-6 |(September 6,  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:   NAT. RES.  

           SUMMARY  :  Authorizes the State Lands Commission (SLC) to approve  
          a multi-use development on public trust lands in San Francisco  
          (Pier 30-32) that includes a multipurpose venue (for Golden  
          State Warriors basketball games and other events), if SLC finds  
          that certain conditions are met.  

           The Senate amendments  :

          1)Delete the provision that would have authorized the San  
            Francisco Port Commission (Port) to approve the multi-use  
            development on Pier 30-32, and instead authorize SLC to  
            approve the development.

          2)Add additional conditions that must be met for the development  
            to be approved, which include the following:

             a)   Retail uses on Pier 30-32 are limited to trust retail  
               uses and venue supporting retail uses that do not exceed  
               10,000 square feet per store and 20,000 feet in the  
               aggregate;

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

             c)   The City of San Francisco (City) has filed a notice of  
               determination for the mixed-use development project at Pier  
               30-32 under the California Environmental Quality Act (CEQA)  








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               and the City's board of supervisors and the Port have given  
               the project all necessary local approvals, each following  
               at least one public hearing;

             d)   A major permit application for the mixed-use development  
               at Pier 30-32 has been submitted to the Bay Conservation  
               and Development Commission (BCDC);

             e)   In consideration of the conditions, and any other  
               relevant information considered by the SLC, the mixed-use  
               development project at Pier 30-32 is otherwise consistent  
               with the public trust; and

             f)   The mixed-use development project at Pier 30-32 is in  
               the best interest of the state.

          3)Require SLC staff to consult with BCDC staff prior to placing  
            an action item on the agenda for SLC to determine whether the  
            mixed-use development at Pier 30-32 is consistent with the  
            requirements of this bill. 

          4)Require the City's environmental analysis pursuant to CEQA to  
            examine distributed parking alternatives to serve events at  
            the multipurpose venue designed to minimize traffic impacts on  
            the Embarcadero and on the Herb Caen Way promenade, including,  
            but not limited to, parking alternatives on the west side of  
            the Embarcadero, before finalizing a planned number of parking  
            spaces.

          5) Authorize BCDC's major permit for the development project to  
            establish a maximum number of parking spaces on Pier 30-32 and  
            parking management operational measures for that parking,  
            consistent with the McAteer-Petris Act, the Bay Plan, the  
            Special Area Plan, and criteria specified in the bill.  

          6)Require the Pier 30-32 project to include offsite public  
            benefits that would not ordinarily be required in a major  
            permit, which benefits shall be developed through a public  
            process conducted by BCDC and the Port and approved by BCDC.

          7)Require SLC's costs to implement this bill to be borne by the  
            Port or the City according to a budget to be agreed upon by  
            SLC staff and the Port or the City.

           EXISTING LAW  :  








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          1)Protects, pursuant to the common law doctrine of the public  
            trust (Public Trust Doctrine), the public's right to use  
            California's waterways for commerce, navigation, fishing,  
            boating, natural habitat protection, and other water oriented  
            activities.  The public trust doctrine provides that filled  
            and unfilled tide and submerged lands and the beds of lakes,  
            streams, and other navigable waterways (i.e., public trust  
            lands) are to be held in trust by the state for the benefit of  
            the people of California.  

          2)Grants, in trust, state public trust lands to over 80 local  
            public agencies to be managed for the benefit of all the  
            people of the state and pursuant to the Public Trust Doctrine  
            and terms of the applicable granting statutes. 

          3)Grants, pursuant to the Burton Act, to the Port, in trust, the  
            public trust lands in the harbor of San Francisco for purposes  
            of commerce, navigation, and fisheries and subject to other  
            terms and conditions specified in the act.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, no unreimbursed costs. SLC is likely to incur  
          one-time costs in the high tens of thousands to low hundreds of  
          thousands of dollars over several years to consider the  
          development and related land swaps. There will be some minor  
          costs ongoing to monitor trust-consistent uses of the  
          multipurpose venue. All reasonable costs will be borne by the  
          Port or the City according to a budget which will be agreed upon  
          before the commission's work begins.

           COMMENTS  :  The primary purpose of this bill is to have the  
          Legislature develop a process to approve a mix-use development  
          project, which includes the Golden State Warriors' basketball  
          arena, on a pier located on tide and submerged lands (i.e.,  
          public trust lands) in San Francisco.   The challenge with this  
          project is that the common law Public Trust Doctrine, as  
          interpreted by the U.S. Supreme Court, places limitations on the  
          state's authority to use trust lands for nontrust purposes.  A  
          basketball arena, which is a major feature of the project, is  
          not a traditional public trust use-it does not involve water  
          related commerce, navigation, or fishing.  However, there are  
          examples of nontrust uses on public trust lands that have been  
          deemed legitimate by the courts because they are incidental to  
          and accommodate other trust uses.  Additionally, the courts have  








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          recognized that the Public Trust Doctrine is flexible to address  
          changing public needs related to public trust lands.  

          This bill imposes several conditions on the development project  
          that are meant to promote public trust activities.  For example,  
          the bill requires the project to attract people to the  
          waterfront, increase public enjoyment of the San Francisco Bay,  
          encourage public trust activities, and enhance public use of  
          trust assets and resources on the waterfront.  Another major  
          condition requires the project to include a significant and  
          appropriate maritime program, which may include a city fire  
          station and berthing facilities for city fire boats; facilities  
          that can accommodate periodic use by cruise or other deep draft  
          vessels; facilities that enable direct public access to the  
          water by human-powered vessels or swimmers; and water-transit  
          docking or berthing facilities for water taxis, ferries, or  
          both.

          Through this bill, SLC, which is the state agency with the most  
          expertise on the Public Trust Doctrine, is granted the authority  
          to determine whether the mix-use development project is  
          consistent with the public trust.  
           

          Analysis Prepared by  :    Mario DeBernardo / NAT. RES. / (916)  
          319-2092 


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