AB 2797, as amended, Chiu. City and County of San Francisco: Mission Bay South Project: redevelopment plan.
Existing law grants to the City and County of San Francisco the right, title, and interest of the state in and to certain tidelands and submerged lands in trust for certain purposes. Under existing law, the Burton Act, and the Burton Act transfer agreement, the interest of the state in and to the Harbor of San Francisco was transferred in trust to the City and County of San Francisco. The State Lands Commission has jurisdiction over tidelands and submerged lands of the state.
Existing law declares that, until January 1, 2094, certain parcels of real property denominated as the designated seawall lots are free from the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement, and authorizes the San Francisco Port Commission to lease all or a portion of the designated seawall lots for nontrust uses if specified conditions are met, including that the lease shall terminate no later than January 1, 2094.
This bill would revise those conditions to specify that a nontrust lease shall
begin delete terminate no later than January 1, 2094, or the date that is 75 years after the initial occupancy date for the leased site or development parcel.end delete The bill would also prescribe the boundaries of a specified seawall lot for purposes of the Mission Bay South redevelopment plan. The
bill would authorize the port to use its nontrust lease revenues from specified development parcels in a specified seawall lot to make port advances, as defined, to fund specified infrastructure if the commission has approved the port advances and complies with certain procedures for the disposition of those parcels, as prescribed.
This bill would make legislative findings and declarations as to the necessity of a special statute for the waterfront property at the Mission Bay South redevelopment area in the City and County of San Francisco.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
For the purposes of this act the following terms
2have the following meanings:
3(a) “Assembly Bill 26” means Chapter 5 of the First
4Extraordinary Session of the Statutes of 2011, in which certain
5provisions were amended by Chapter 26 of the Statutes of 2012,
6effective as provided in California Redevelopment Assn. v.
7Matosantos (2011) 53 Cal.4th 231.
8(b) “Assembly Bill 2649” means Chapter 757 of the Statutes of
P3 1 “Board of supervisors” means the Board of Supervisors of
2the City and County of San Francisco.
12 3(d)end delete
4 “Burton Act” means Chapter 1333 of the Statutes of 1968,
5as amended, which authorized the state to convey to the city, in
6trust and subject to certain terms, conditions, and reservations, the
7state’s interest in certain tidelands, including filled lands.
16 8(e)end delete
9 “Burton Act lands” means the tidelands that the state granted
10to the city under the Burton Act, including the San Francisco
11waterfront from the Hyde Street pier to India Basin.
19 12(f)end delete
13 “Burton Act transfer agreement” means the agreement dated
14January 24, 1969, between the state and the city, relating to the
15transfer of the Burton Act lands from the state to the city, and any
16amendments to that agreement in accordance with its terms.
3 17(g)end delete
18 “Burton Act trust” means the statutory trust imposed by the
19Burton Act on Burton Act lands and lands dedicated to or acquired
20by the city as assets of the trust.
21(h) “Capital plan” means the 10-year capital plan for port land
22prepared in accordance with Sections 2.30 and 2.31 of the San
23Francisco Administrative Code, adopted in 2007 by the board of
24supervisors, as amended.
10 25(i)end delete
26 “CFD law” means the Mello-Roos Community Facilities
27Act of 1982 (Chapter 2.5 (commencing with Section 53311)) of
28Part 1 of Division 2 of Title 5 of the Government Code) or the San
29Francisco Special Tax Financing Law (San Francisco Admin. Code
30Ch. 43, Art. X), as applicable.
15 31(j)end delete
32 “City” means the City and County of San Francisco, a charter
33city and county, and includes the port.
17 34(k)end delete
35 “Commission” means the State Lands Commission.
18 36(l)end delete
37 “Designated seawall lot” or “designated seawall lots” means
38any of those parcels of real property situated in the city that are
39defined as designated seawall lots in Senate Bill 815 or Assembly
P4 1Bill 2649,
begin delete as those parcels may beend delete modified by Section 3 of this
23 3(m)end delete
4 “Development parcel” means a portion of a designated
5seawall lot that is subdivided for construction improvements,
6or rehabilitation of historic buildings for reuse, and that will be
7used for nontrust land uses.
27 11(n)end delete
12 “IFD law” means the
begin delete Infrastructure
Financing Districts law
13set forth in Chapter 2.8 (commencing with Section 53395) of Part
141 of Division 2 of Title 5 of the Government Code, which
15authorizes the use ofend delete
32 18(o)end delete
19 “Infrastructure costs” or “costs of infrastructure” means the
20cost of constructing the Seawall Lot 337 infrastructure, including
21related costs of planning and design work and a return on developer
22equity, as provided in a plan of finance in a disposition and
P4 1 24(p)end delete
25 “Initial occupancy date” means the date on which the port
26issues the first certificate of occupancy for a building
begin delete on the leased end delete
27 seawall lot or
28development parcel in Seawall Lot 337, as applicable.
4 31(q)end delete
32 “Mission Bay developer” means an “owner,” as defined in
33the Mission Bay South owner participation agreement.
6 34(r)end delete
35 “Mission Bay South owner participation agreement” means
36 the agreement between the redevelopment agency and Catellus
37Development Corporation, dated November 16, 1998, as amended.
9 38(s)end delete
P5 1 “Mission Bay South redevelopment plan” means the
2Redevelopment Plan for the Mission Bay South Project adopted
3by the board of supervisors on October 26, 1998, as amended.
12 4(t)end delete
5 “Mission Bay South redevelopment project area” means
6the area in the city subject to the Mission Bay South redevelopment
15 8(u)end delete
9 “Nontrust lease revenues” means revenues that the port
begin delete nontrustend delete leases of designated seawall lots or
11development parcels in Seawall Lot 337, as
begin delete applicable.end delete
18 14(v)end delete
15 “Nontrust sources” means sources of consideration other
16than nontrust lease revenues or moneys in the port’s harbor fund.
17Nontrust sources include, without limitation, fee credits that may
18be applied to offset local impact fees or exactions, special taxes,
19tax increment, proceeds of general obligation bonds, proceeds of
20community facilities bonds, and proceeds of tax allocation bonds.
24 24(w)end delete
25 “Oversight board” means the body that the board of
26supervisors created to oversee the fiscal management of the
27successor agency in accordance with Assembly Bill 26.
27 28(x)end delete
29 “Parcel P20” means a parcel owned by the port within the
30Mission Bay South redevelopment project area that lies partially
31within the southern portion of Seawall Lot 337.
30 32(y)end delete
33 “Port advances” means a loan of
begin delete trust assets where the port nontrust lease revenues to pay directly
36or to reimburse the Seawall Lot 337 developer
begin delete or any district
for costs of infrastructure
37providing project-based public financingend delete
38in accordance with the terms and conditions of this act. Port
39advances do not include nontrust lease revenues that the port uses
P6 1to pay directly for the preservation of historic piers and historic
2structures or for purposes that are otherwise authorized by this act.
38 3(z)end delete
4 “Port of San Francisco,” “port commission,” or “port”
5means the city acting by and through the San Francisco Port
P5 1 7(aa)end delete
8 “Project-based public financing” means special taxes from
9development parcels in community facilities district project areas
10formed under CFD law, property tax increment from development
11parcels in infrastructure financing district project areas established
begin delete theend delete IFD law, bond proceeds secured by special taxes, tax
13increment, or both, and any other mechanisms available to finance
14infrastructure and public facilities that rely on revenues produced
15by the area to be improved.
9 16(ab)end delete
17 “Public trust”
begin delete or “trust”end delete means the common law public trust
18for commerce, navigation, and fisheries.
11 19(ac)end delete
20 “Redevelopment agency” means the San Francisco
21redevelopment agency, that the board of supervisors formed under
22the former California Community Redevelopment Law and that
23was dissolved on February 1, 2012, by operation of Assembly Bill
16 25(ad)end delete
26 “San Francisco Bay” or “bay” means those areas defined
27by Section 66610 of the Government Code.
18 28(ae)end delete
29 “San Francisco waterfront” means the portions of San
30Francisco Bay that the state transferred to the city under the Burton
21 35(af)end delete
36 “Seawall Lot 337” means that parcel of real property in the
begin delete knownend delete as Seawall Lot 337, as shown on that certain
38map entitled “revised map of
begin delete designedend delete
39which is on file with the port, as those boundaries may be modified
40by Section 3 of this act.
26 P7 1(ag)end delete
2 “Seawall Lot 337 developer” means the person selected by
3the port to negotiate exclusively with the port for the master
4development of Seawall Lot 337 and Pier 48, and its successors
5and authorized assigns.
30 6(ah)end delete
7 “Seawall Lot 337 infrastructure” means infrastructure and
8other public facilities that serve Seawall Lot 337 and are located
9on Seawall Lot 337 or on lands immediately adjacent to the seawall
10lot area, such as water, sewer, stormwater management, and other
11utility installations, streets, roadways, sidewalks, parks, public
12access and open space areas, shoreline improvements, and other
37 14(ai)end delete
15 “Senate Bill 815” means Chapter 660 of the Statutes of
162007, as amended by Chapter 208 of the Statutes of
begin delete 2009,
17Assembly Bill 2649, and this act.end delete
40 24(aj)end delete
25 “State” means the State of California.
P6 1 26(ak)end delete
27 “Successor agency” means the San Francisco Office of
28Community Investment and Infrastructure, which the board of
29supervisors created in accordance with Assembly Bill 26 to serve
30as the successor to the redevelopment agency.
5 31(al)end delete
32 “Successor agency commission” means the San Francisco
33Commission on Community Investment and Infrastructure.
34(am) “Termination date” means the date determined in
35accordance with subdivision (a) of Section 4 of Senate Bill 815
36for the termination of a nontrust lease.
10 37(an)end delete
38 “Tidelands” means the lands lying below the elevation of
39ordinary high water, whether filled or unfilled, and includes
The Legislature finds and declares all of the following:
11(a) San Francisco Bay is a valuable public trust asset of the state
12that provides special maritime, navigational, recreational, cultural,
13and historical benefits to the people of the region and the state.
14Tidelands in California are held in trust for enjoyment and use by
15the people of the state under the common law public trust doctrine.
16Public trust lands may be used for water-related purposes, including
17commerce, navigation, fishing, swimming, recreation, open space,
18and wildlife habitat.
19(b) The San Francisco waterfront consists
primarily of sovereign
20tidelands that the state granted to the city pursuant to the Burton
21Act. Under the Burton Act and the city’s charter, the port holds
22and manages the granted lands. The Burton Act authorizes the port
23to use, conduct, operate, maintain, manage, regulate, improve, and
24control the San Francisco waterfront consistent with the public
25trust and the Burton Act trust.
26(c) The San Francisco waterfront provides special maritime,
27navigational, recreational, cultural, and historical benefits to the
28entire San Francisco Bay area and serves as a unique destination
29for the public from throughout the region.
30(d) A unique feature of the San Francisco shoreline is the
31numerous historic maritime resources present on port property,
32many of which are in need of major structural repairs and are not
33currently available for the use and enjoyment of the public. The
34Legislature has previously found that rectifying the deteriorating
35conditions along the San Francisco waterfront, the preservation of
36the numerous historic piers and other historic structures on port
37land, and the construction of waterfront plazas and open space are
38matters of statewide importance that will further the purposes of
39the public trust and the Burton Act trust.
P9 1(e) The San Francisco shoreline is a valuable public trust asset,
2a vibrant and world-renowned tourist destination, and a vital
3component of the regional, state, and national economies. The
4success of the port’s efforts to revitalize the waterfront depends,
5in part, on strategies for optimizing uses of and increasing revenues
6and other public trust benefits from port lands in addition to using
7funding sources other than the port harbor fund to finance
8development on port lands.
11 9(f)end delete
10 The seawall lots are tidelands that were filled and cut off
11from the waterfront by the construction of the great
begin delete seawall, now in the
12occupied by the Embarcadero and other roadways,end delete
13late 19th and early 20th
begin delete centuries.end delete Over time, some begin delete of theend delete seawall lots,
16including the designated seawall lots, have ceased to be useful in
17whole or in part for the promotion of the public trust and the Burton
18Act trust, except for the production of revenue to support the
begin delete purposes of theend delete Burton Act trust. The designated seawall lots are
begin delete presentlyend delete either vacant or leased on an interim basis, primarily for
begin delete commuterend delete
P8 1 22(g)end delete
23 Seawall Lot 337, the largest of the designated seawall lots,
24is located just south of China Basin and
begin delete is presentlyend delete used as a
25surface parking lot. Senate Bill 815 depicts Seawall Lot 337 as
26bounded by Mission Rock Street, Terry A. Francois Boulevard,
27and Third Street.
begin delete Following an extensive community process led port commission entered into
28by a citywide advisory panel and a solicitation process to identify
29qualified developers, theend delete
30exclusive negotiations with the Seawall Lot 337 developer for the
31lease, construction, and operation of
begin delete theend delete proposed project at
32Seawall Lot 337, a portion of Terry A. Francois Boulevard, Pier
3348, and the marginal wharf between Pier 48 and Pier 50.
begin delete The
34proposed project would include a mix of uses, such as commercial
35retail and office, market-rate and affordable residential,
36rehabilitation of Pier 48, new parks, expansion of the existing
37China Basin Park with a portion of Terry A. Francois Boulevard,
38and new and expanded shoreline access.end delete
39the revitalization of Seawall Lot 337 and Pier 48
begin delete through mixed-use is of particular importance to the
P10 1developmentend delete
begin delete state for the reasons
2stated in Senate Bill 815.end delete
3(h) The Mission Bay area surrounding Seawall Lot 337 is the
4site of a major mixed-use redevelopment project. As a result of
5Assembly Bill 26, the redevelopment agency was dissolved on
6February 1, 2012, and the successor agency assumed certain
7executory obligations of the redevelopment agency. The successor
8agency commission exercises land use, development, and design
9approval authority for the remaining projects of the former
10redevelopment agency, including Mission Bay.
30 11(i)end delete
12 The Mission Bay South redevelopment project
begin delete area, lies to the west and
13established in 1998 by the board of supervisors’ adoption of the
14Mission Bay South redevelopment plan,end delete
15south of Seawall Lot 337. Parcel
begin delete P20end delete is a narrow, undeveloped strip of
17land within the Mission Bay South redevelopment project area
18that is bounded on the north by the northern line of Mission Rock
19Street in its former location, and overlaps a portion of Seawall Lot
begin delete 337, as depicted in Senate Bill 815.end delete In accordance with the
21Mission Bay South redevelopment plan, the Mission Bay developer
22has since realigned Mission Rock Street from its northeasterly
23 orientation to an east-west orientation, such that a portion of Parcel
24P20 and the former Mission Rock Street right of way now lie north
25of the northerly line of Mission Rock Street. The development
26proposal for Seawall Lot 337 includes this portion of Parcel P20
27and former Mission Rock Street.
6 28(j)end delete
begin delete itsend delete development proposal, the Seawall Lot 337
30developer would realign Terry A. Francois Boulevard and use part
31of the northern section of the street to expand China Basin Park.
32The remaining portion of the realigned Terry A. Francois
33Boulevard would be a working waterfront street that would support
34active maritime, industrial, and production uses at the waterfront.
35Terry A. Francois Boulevard would include areas for social spaces
36and loading zones serving
begin delete proposedend delete buildings, a pedestrian
37throughway, a shared zone, and the Blue Greenway adjacent to
begin delete Bayend delete and Piers 48 and 50, begin delete contributing toend delete
39 uninterrupted public access along San Francisco’s eastern
P11 1(k) In connection with the project, aend delete
2 substantial investment in new infrastructure and public
3facilities is necessary for the port to fully realize the public benefits
begin delete thoseend delete portions of Seawall Lot 337
that will be used for
5 trust purposes, and to maximize the value of development parcels
6that will be subject to nontrust leases. The infrastructure costs for
7Seawall Lot 337 are expected to exceed one hundred fifty million
begin delete ($150,000,000).end delete The development proposal begin delete for Seawall Lot provides for the Seawall Lot 337 developer to construct the
begin delete neededend delete
infrastructure and public facilities, which would
13be funded by developer equity to the extent that port
begin delete advances and Project-based public financing would be used to
14project-based public financing are not then available.end delete
16pay directly or to reimburse the Seawall Lot 337 developer for its
begin delete and the port for port advancesend delete for infrastructure
begin delete theend delete CFD law, IFD law, and other applicable laws.
19(l) Because special taxes, property tax increment, and other
20nontrust funding sources arising from the project may not become
21available until well after the port receives nontrust lease revenues
22from development parcels in Seawall Lot 337, it is critical that the
23port be able to loan those revenues to pay Seawall Lot 337
24infrastructure costs to minimize the cost of development capital
25and maximize the land value that the port is able to realize for
26preservation of its historic piers and historic structures, and for
27other public trust uses. This act authorizes the port to make port
28advances of nontrust lease revenues from Seawall Lot 337 to pay
29Seawall Lot 337 infrastructure costs, subject to the requirements
30of this act.
31(m) This act clarifies that the boundaries of Seawall Lot 337
32extend to the line of Mission Rock Street and to the line of Terry
33A. Francois Boulevard, as those streets have been or may be
34realigned, and to the boundary of China Basin Park as finally
35established, such that Seawall Lot 337 includes those portions of
36Parcel P20 and the former Mission Rock Street right of way
37embraced within those boundaries. This act also allows the
38successor agency to remove Parcel P20 from the Mission Bay
39South redevelopment plan and related documents and agreements
40without the need for Department of Finance or Controller approval.
P12 1(n) This act also amends Senate Bill 815 to provide that the
275-year limitation on the term of authorized nontrust leases for
3designated seawall lots and development parcels at Seawall Lot
4337, as applicable, begins to run on the initial occupancy date for
5the leased site.
For purposes of Senate Bill 815 and Assembly Bill
42649, the boundaries of Seawall Lot 337 extend to the line of, but
5do not include, Third Street on the west, Mission Rock Street on
6the south, and Terry A. Francois Boulevard on the east, as those
7streets are ultimately constructed, realigned, or reconfigured in
8connection with the Mission Bay South redevelopment plan and
9the development of Seawall Lot 337. If there is any conflict
10between this section and the diagram in Section 15 of Senate Bill
11815 or Section 9 of Assembly Bill 2649, this section shall control.
Subdivisions (c), (d), and (f) of Section 34163 of the
23Health and Safety Code, and subdivisions (a) and (b) of Section
2434164 of the Health and Safety Code, shall not apply to, and no
25action of the Department of Finance or the Controller shall be
26required for, any action taken by the oversight board, the successor
27agency commission, the board of supervisors, or any other
28governmental body required to act to amend the Mission Bay South
29redevelopment plan to remove Parcel P20 from the Mission Bay
30South redevelopment project area, or to amend any related
31documents or agreements to delete regulatory requirements, zoning
32controls, and the Mission Bay developer’s obligations with respect
33to Parcel P20.
Section 4 of Chapter 660 of the Statutes of 2007 is
5amended to read:
begin deleteExcept for Seawall Lot 337, the port may enter into end delete
7a lease of all or
8any portion of the designated seawall lots free from the use
9requirements established by the public trust, the Burton Act trust,
10and the Burton Act transfer
begin delete agreement (nontrust lease)end delete
11 subject to the requirements of this section. For
13Seawall Lot 337, the port may enter into nontrust
begin delete leases of subject to the requirements of this
14development parcels,end delete
15section, if the commission has
begin delete approved port advances pursuant
paragraph (3) of subdivision (a)
17of Section 4.5, and
begin delete ifend delete all of the
conditions begin delete of this section andend delete
18 Section 6 are met.
20 Notwithstanding the Burton Act, Section 718 of the Civil
21Code, Section 37384 of the Government Code, or any other
22provision of law to the contrary, the term of any individual nontrust
23lease, including any extension of the term allowed by right of
24renewal, shall not exceed 75 years from the initial occupancy date
begin delete for theend delete leased site or
begin delete parcel. Eachend delete nontrust lease begin delete shall terminate no later than the date that is the leased site or development
28later of January 1, 2094, or the date that is 75 years after the date
29that the port first issues a certificate of occupancy for the
30improvements on theend delete
33parcel. Nothing in this section shall be construed as limiting the
34term of any lease, or portion thereof, that is for uses consistent
35with the public trust and the Burton Act.
37 (1) (A) Except as provided in this subdivision, all nontrust
38lease revenues received by the port shall be deposited in a separate
39account in the harbor fund to be expended for the preservation of
P18 1historic piers and historic structures, or for the construction and
2maintenance of waterfront plazas and open space.
3(B) The port may use its nontrust lease
4development parcels in Seawall Lot 337 to make port advances to
5fund Seawall Lot 337
begin delete infrastructure, except for facilities for which
6expenditures are authorized under subparagraph (A),end delete
7 if the commission has approved port advances under paragraph
8(3) of subdivision (a) of Section 4.5.
(C) Revenues shall not be expended under this subdivision for
12historic piers or historic structures on land subject to public trust
13use restrictions unless the executive officer of the commission has
14approved the proposed uses of the pier or structure.
15(2) The port may annually transfer from the separate account
16and deposit in the general account of the harbor fund, to be used
17for any purpose consistent with the public trust and the Burton
18Act, an amount equal to the sum of the baseline revenue streams
19for each designated seawall lot subject to one or more nontrust
20leases (leased seawall lots), less any revenues received by the port,
21for the year preceding the transfer of funds, from any portion or
22portions of the leased seawall lots that were not subject to a
23nontrust lease. For purposes of this subdivision, the baseline
24revenue stream for a designated seawall lot is the average annual
25revenue received by the port from that seawall lot over the five
26years prior to January 1, 2008, adjusted for inflation.
27(3) For purposes of this subdivision, the term “revenue” shall
28exclude any costs incurred by the port to administer the lease and
29to operate and maintain the leased property and any improvements
31(4) For each nontrust lease of a designated seawall lot, the port
32shall maintain a separate accounting of all revenues transferred
33pursuant to paragraph (2), all costs excluded pursuant to paragraph
34(3), and all revenues deposited into the separate account.
37(5) If the funds in the separate account exceed the amount
38needed for the preservation of historic piers and historic structures
39and for construction of waterfront plazas and open space, the excess
P19 1funds shall be deposited in the harbor fund to be used for purposes
2consistent with the public trust and the Burton Act.
4 A nontrust lease shall be for fair market value and on terms
5consistent with prudent land management practices as determined
6by the port and subject to approval by the commission as provided
begin delete (1).end delete
9(1) Prior to executing a nontrust lease, the port shall submit the
10proposed lease to the commission for its consideration, and the
11commission shall grant its approval or disapproval in writing within
1290 days of receipt of the lease and supporting documentation,
13including documentation related to value. In approving a nontrust
14lease, the commission shall find that the lease meets all of the
16(A) Is for fair market value.
17(B) Is consistent with the terms of the public trust and the Burton
18Act trust, other than their restrictions on uses.
19(C) Is otherwise in the best interest of the state.
20(2) Whenever a nontrust lease is submitted to the commission
21for its consideration, the costs of any study or investigation
22undertaken by or at the request of the commission, including
23reasonable reimbursement for time incurred by commission staff
24in processing, investigating, and analyzing such submittal, shall
25be borne by the port; however, the port may seek payment or
26reimbursement for these costs from the proposed lessee.
Section 4.5 is added to Chapter 660 of the Statutes of
292007, to read:
(a) For nontrust leases
begin delete of Seawall Lot 337 that are of Seawall
31entered into in accordance with the terms of a disposition and
32development agreement for the master developmentend delete
33Lot 337, the commission shall consider whether the port will
34receive consideration equal to the fair market value
begin delete on terms based on, and
35consistent with prudent land management practicesend delete
36in accordance with, all of the following procedures:
37(1) At least 30 days prior to approval by the board of supervisors
38of the development project for Seawall Lot 337, the port shall
39submit the proposed disposition and development agreement
40between the master developer and the port governing the master
P20 1development of Seawall Lot 337 and the following information,
2to the extent not contained in the agreement, to the commission
3for its consideration:
4(A) The proposed procedures for the disposition of nontrust
5development parcels and including the proposed plan of finance
6for the development project that describes the proposed port
7advances for Seawall Lot 337 infrastructure costs.
8(B) The proposed procedures for establishing the fair market
9value of each nontrust lease of a development parcel,
begin delete consistent
including the appraisal instructions.
10with the land uses permitted under the disposition and development
12(C) A description of the nontrust sources that the port expects
13to receive for the project and how theses nontrust sources will be
14applied to the project.
15(D) A description of the manner by which the port will select
16the developer of each development parcel, including the form of
begin delete lease.end delete
19(2) Following approval of the development project for Seawall
20Lot 337 by the board of supervisors, the port shall submit to the
21commission the project documents described in paragraph (1) as
22finally approved by the board of supervisors.
23(3) Within 75 days after approval of the project by the board of
24supervisors and receipt of all required documentation from the
25port, the commission shall either approve or
begin delete deny the port advances
26from nontrust lease revenues for Seawall Lot 337 infrastructure
27based on the information it is required to consider by this section
28and whether port advances are consistent with the goals of Senate
29Bill 815.end delete
P15 7 13(4)end delete
14 The port shall bear the costs of any study or investigation
15that the commission undertakes or requests, including reasonable
16reimbursement for commission staff time in processing,
17investigating, and analyzing the port’s submittal. The port’s
18reimbursement obligation does not affect its ability to seek payment
19or reimbursement for these costs from the master developer.
20(b) In addition to any statement of
expenditures and revenues
21that the port is required by law to submit to the commission
22annually, the port shall provide a separate accounting of
begin delete allend delete
24 consideration from nontrust sources and other
begin delete portend delete
26 spent on Seawall Lot
27337, including any port
begin delete advances and anyend delete
28 revenues from nontrust sources received by the port to
begin deletethoseend delete advances.
30(c) The port shall provide the commission with copies of the
31final audit report for each phase of the project and the final audit
32report for the project within 90 days after the port receives each
34(d) If, within 20 years after the first port
39advance, the port has not submitted an audit report to the
40commission indicating that all of the port advances have been
P22 1repaid, the port shall report to the commission the total amount of
2revenues from nontrust leases that the port used to fund port
3advances, the amount that the port has received to repay port
4advances, the projected sources to repay any balance still owing
5on account of port advances, and the expected timing of repayment
6of the balance still owing. Thereafter, the port shall provide
7supplemental reports containing updates to this information to the
8commission every five years.
9(e) The port shall ensure repayment, with interest, of each port
10advance within 50 years after the port advance is made. The port
11may extend the repayment period beyond 50 years subject to
12commission approval. The commission shall base its
begin delete approvalend delete
13 on whether the port is taking actions
begin delete to remedy
14any shortfall in repayment.end delete
Section 7 of Chapter 660 of the Statutes of 2007 is
18amended to read:
Sections 3, 4, 4.5, and 6 of this act shall be inoperative
20as to a designated seawall lot on the later of (a) the last termination
21date of any nontrust lease on the site, or (b) on January 1, 2094,
22after which later date the use of the designated seawall lot shall
25consistent with the public trust, the Burton Act trust, and the Burton
begin delete agreement. No later than January 1, 2094, or the last all structures, buildings, and appurtenances
27termination date of any nontrust lease on the site, whichever is
begin delete a designated seawall lotend delete not consistent
begin delete the purposes ofend delete the public trust, the Burton Act trust, and
31Burton Act transfer agreement, shall be repurposed or modified,
32including any necessary restoration or remediation of the seawall
33lot to facilitate public trust uses.
If any provision of this act, or its application to any
37person, property, or circumstance, is held invalid by any court, the
38invalidity or inapplicability of that provision shall not affect any
39other provision of this act or the application of that provision to
40any other person, property, or circumstance, and the remaining
P23 1portions of this act shall continue in full force and effect, unless
2enforcement of this act as so modified by and in response to that
3invalidation would be grossly inequitable under all of the
4circumstances, or would frustrate the fundamental purposes of this
The Legislature finds and declares that, because
8of the unique circumstances applicable only to the lands described
9in this act in the City and County of San Francisco, a statute of
10general applicability cannot be enacted within the meaning of
11subdivision (b) of Section 16 of Article IV of the California