CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
Introduced by Senator Wiener (Coauthor: Assembly Member Haney) |
January 31, 2023 |
LEGISLATIVE COUNSEL’S DIGEST
Tidelands and submerged lands: City and County of San Francisco: Piers 30-32.
elements including, but not limited to, adjacent residential housing, general office, visitor-serving retail, a deep-water berthing facility, an aquatic center with a floating swimming pool and bay access, the removal of bay fill, a seismically enhanced sea wall, and a sea level flood line of defense to protect the harbor and city beyond the year 2100.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NO
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature to enact legislation that would authorize a mixed-use project located on Piers 30-32 in the City and County of San Francisco consisting of elements including, but not limited to, adjacent residential housing, general office, visitor-serving retail, a deep-water berthing facility, an aquatic center with a floating swimming pool and bay access, the removal of bay fill, a seismically enhanced sea wall, and a sea level flood line of defense to protect the harbor and city beyond the year 2100.
Amended IN Senate March 14, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
Introduced by Senator Wiener |
January 31, 2023 |
LEGISLATIVE COUNSEL’S DIGEST
Tidelands and submerged lands: City and County of San Francisco: Piers
This bill would state the intent of the Legislature to enact subsequent legislation that would authorize a mixed-use project located on Piers 30-32 in the City and County of San Francisco consisting of
elements including, but not limited to, adjacent residential housing, general office, visitor-serving retail, a deep-water berthing facility, an aquatic center with a floating swimming pool and bay access, the removal of bay fill, a seismically enhanced sea wall, and a sea level flood line of defense to protect the harbor and city beyond the year 2100.
30-32, that includes general office use and general retail use, if the State Lands Commission finds, at a properly noticed public meeting, that specified conditions are met, including, among others, that the mixed-use development is designed to attract the statewide public 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.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NOYES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Pier 30-32 Reconstruction Act.
SEC. 2.
Section 1 of Chapter 489 of the Statutes of 2001, as amended by Section 2 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 1.
For purposes of this chapter, the following terms have the following meanings:
(b)“America’s Cup” means the 34th America’s Cup.
(c)
Development Commission established pursuant to Section 66620 of the Government Code.
(d)“Bay jurisdiction” means the jurisdiction, powers, and duties of BCDC pursuant to Title 7.2 (commencing with Section 66600) of the Government Code within the area defined in subdivision (a) of Section 66610 of the Government Code.
(e)
Government Code, including all amendments thereto.
(f)
(g)
(h)
(i)
(j)“Embarcadero Historic District” means the Port of San Francisco Embarcadero Historic District designated on the National Register of Historic Places.
(k)
(l)“Public trust” or “trust” means the common law public trust for commerce, navigation, and fisheries.
(m)
Francisco acting by and through the San Francisco Port Commission.
(n)“Port historic structure” means any building,
structure, or other facility that is located on port property and either is individually listed or eligible for listing on the National Register of Historic Places, or has been designated as, or meets the standards for, a resource contributing to the historic significance of the Embarcadero Historic District.
(o)
(p)
(q)“Seawall Lot 330” means that parcel of property, or any portion thereof, located in San Francisco identified on that certain map entitled SUR 790, and shown on Page 318 of the City and County of San
Francisco 100 Scale Ownership Maps, which is on file with the city’s Bureau of Street Use and Mapping.
28’ 22”, to the realigned southeasterly line of Bryant Street; thence along the said realigned southeasterly line of Bryant Street, for a distance of 64.90 feet, to the westerly line of the Embarcadero; thence southerly and running along the westerly line of the Embarcadero, for a distance of 617.98 feet, to the northeasterly line of Beale Street; thence at a deflection angle of 131° 30’ 38” to the right and running along the northeasterly line of Beale Street, for a distance of 334.53 feet; thence at a right angle northeasterly, running parallel to Bryant Street, for a distance of 158.00 feet; thence at a right angle northwesterly, parallel to Beale Street, for a distance of 143.00 feet, to the true point of beginning, containing an area of 2.33 acres of land, more or less.
(r)
(s)“Shoreline band jurisdiction” means the jurisdiction, powers, and duties of BCDC pursuant to Title 7.2 (commencing with Section 66600) of the Government Code to regulate uses within the area defined in subdivision (b) of Section 66610 of the Government Code to ensure, in part, maximum feasible public access, as prescribed in Section 66632.4 of the Government Code.
(t)
(u)
transferred to the City and County of San Francisco pursuant to the Burton Act, as recorded May 14, 1969, in Book C 169 at Pages 573 to 664, inclusive, in the San Francisco Recorder’s office, as more particularly described as that portion of Main Street, located between Bryant Street and the Embarcadero, vacated per Ordinance 14-93 on January 11, 1993, on file with the San Francisco Bureau of Street Use and Mapping, in Book 10, Page 94. All streets and street lines described in the preceding sentence are in accordance with that certain map entitled SUR 790, and shown on Page 318 of the City and County of San Francisco 100 Scale Ownership Maps, on file with the city’s Bureau of Street Use and Mapping.
(v)
(w)“Venue supporting retail uses” means retail establishments, other than trust retail uses, where the tenant occupying the retail space is a significant corporate sponsor in the multipurpose venue or is a primary tenant of the multipurpose venue.
(x)
Plan adopted by the port pursuant to Resolution No. 97-50, as amended from time to time.
SEC. 3.
Section 2 of Chapter 489 of the Statutes of 2001, as amended by Section 3 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 2.
The Legislature finds and declares all of the following:
(b)In 1965, the Legislature adopted the McAteer-Petris Act to protect and enhance the San Francisco Bay and its natural resources. Among other things, the McAteer-Petris Act grants BCDC regulatory authority over further filling in San Francisco Bay
through exercise of its bay jurisdiction, and limits that activity to (1) water-oriented uses that meet specified criteria; (2) minor fill that improves shoreline appearance or public access; and (3) activities necessary for the health, safety, and welfare of the public in the entire bay area. The McAteer-Petris Act also mandates BCDC to require the provision of maximum feasible access to the bay and its shoreline consistent with a project.
(c)In 1969, the Legislature received and acted upon BCDC’s report and recommendations from a three-year study of the San Francisco Bay. The resulting Bay Plan contains, among other things, BCDC’s policies to guide use and protection of all areas within BCDC’s jurisdiction, including the bay and the 100-foot shoreline band, and ensures that proposed projects, among other things, minimize bay fill and provide maximum feasible public access to the bay.
(d)In 1969, pursuant to the Burton Act, the state conveyed by transfer agreement certain state tide and submerged lands to the Port. The lands are held by the Port in trust for the people of California to further the purposes of commerce, navigation, and fisheries, and are subject to the terms and conditions specified in the Burton Act and the public trust. During the four decades since passage of the Burton Act, issues have arisen concerning the application of the McAteer-Petris Act to the piers along the San Francisco waterfront. To address those issues, BCDC and the Port undertook two intensive and careful planning processes, which lasted over nine years.
(e)The first process culminated in 1997 with the adoption by the Port of the Waterfront Land Use Plan and with the adoption by the Board of Supervisors of the City and County of San Francisco and the Planning Commission of the City and County of conforming amendments to the
city’s General Plan and Planning Code.
(f)In July 2000, after the second five-year cooperative process involving the Port, BCDC, the Save San Francisco Bay Association, and numerous interested community groups and individuals was completed, the Port adopted further amendments to the Waterfront Land Use Plan. BCDC also adopted amendments to the Special Area Plan that is incorporated into, and made a part of, the Bay Plan, to create consistent plans for the area of the San Francisco waterfront between Pier 35 and China Basin. At the present time, the Special Area Plan addresses specific McAteer-Petris Act issues relating to public access and the preservation and enhancement of open water as a bay resource in this area. The plan also defines public access opportunities on each pier in this area and calls for the removal of certain additional piers to enhance water views and create additional bay surface area.
(g)A major objective of the joint effort described in subdivisions (d), (e), and (f) is to establish a new criterion in the Bay Plan that would permit fill on the San Francisco waterfront in an area where a Special Area Plan has been adopted by BCDC for uses that are consistent with the public trust and the Burton Act trust. The Special Area Plan for the area between Pier 35 and China Basin provides, in part, for all of following:
(1)The nature and extent of maximum feasible public access to the bays and the waterfront, including perimeter access at the piers, a system of integrated public parks, promenades, a Bayside History Walk on most piers, and other significant access features on piers where appropriate.
(2)Two major public plazas, the Brannan Street Wharf adjacent to Pier 30-32 and a new plaza at Pier 27.
(3)A public planning process to lead to the creation of a third major public plaza in the Fisherman’s Wharf area.
(4)The restoration and preservation of significant open water basins and areas through the removal of certain piers to uncover additional bay surface and the restriction of new bay fill in open water basins and areas to minor amounts needed to improve public access and shoreline appearance and accommodate permissible water-oriented uses.
(5)The creation and funding of a special fund within the Port to finance the removal of the selected piers and the construction and maintenance of those public plazas.
(6)A historic preservation mechanism to ensure preservation and enhancement of important historic resources on the piers, including the
designation of the National Register Embarcadero Historic District.
(7)The preservation and improvement of existing views and creation of new views of the bay from the shoreline.
(8)The ability of the Port to repair, improve, or use the piers not designated for removal between Pier 35 and China Basin for any purpose consistent with the Burton Act, the public trust, and the Special Area Plan.
(h)The San Francisco waterfront, which has been the subject of this planning process, provides benefits to the entire bay area, and serves as a unique destination for the state and region’s public. These state and region wide benefits include enjoyment of a unique, publicly owned waterfront that provides special maritime, navigational, recreational, cultural, and historical benefits that serve the bay area. Accordingly, the
adoption by BCDC, and the ratification by the Legislature, of the Special Area Plan, as amended, is necessary to protect the health, safety, and welfare of the public in the entire bay area for purposes of subdivision (f) of Section 66632 of the Government Code.
(i)The Port is a valuable public trust asset, a vibrant and world-renowned tourist destination, and a vital component of the regional, state, and national economies. The Port faces unique challenges in implementing the Waterfront Land Use Plan. Deferred maintenance on the Port’s numerous historic piers and other structures, together with limitations on revenue generating opportunities, has caused deteriorating conditions along the San Francisco waterfront. The Port’s estimate of the cost of implementing its capital plan is over two billion dollars ($2,000,000,000), which substantially exceeds the projected revenues estimated by the Port to be available for these
purposes.
public access to the bay and its shoreline.
Waterfront Land Use Plan and BCDC’s adoption of the July 2000 amendments to the Special Area Plan, which are incorporated into and made a part of the Bay Plan, and collectively create consistent plans for the area of the San Francisco waterfront between Pier 35 and China Basin.
parks, promenades, a Bayside History Walk on most piers, and other significant access features on piers where appropriate.
removal of the selected piers and the construction and maintenance of those public plazas.
alternative upland location criterion, respectively.
deteriorating conditions along the San Francisco waterfront. The Port estimates that it will cost over one and $1,500,000,000 to implement its capital plan, which substantially exceeds the projected revenues estimated by the Port to be available for these purposes.
shoreline. The cost of developing and implementing the adaptation plan is expected to be in the billions of dollars, with the federal government providing up to 65 percent of the total cost. The Port anticipates that private investment will be critical to fund the local share of the cost to develop and implement the adaptation plan, in addition to federal, state, and local funding.
SEC. 4.
Section 4 of Chapter 489 of the Statutes of 2001, as amended by Section 5 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 4.
The Legislature further finds and declares that the following unique circumstances exist at Pier 30-32 on the San Francisco waterfront, and that therefore, this act sets no precedent for any other location or project in the state, including on the San Francisco waterfront or in San Francisco Bay:
(a)The Pier 30-32 platform bayward of the Embarcadero consists of obsolete, pile-supported pier structures that are physically no longer capable of serving most trust-related purposes without substantial modification and repair. The pier is an approximately 13-acre facility centrally located along the waterfront and with a natural deep water berth along its east face. However, the poor structural condition of Pier 30-32 currently limits the use of the pier to
automobile parking and occasional, temporary use as a tertiary berth for cruise ships and other deep draft vessels. The pier has a limited remaining useful life. The Port estimates that the cost of removing the pier would exceed forty-five million dollars ($45,000,000).
(b)Preserving Pier 30-32 requires a substantial capital investment to improve the piles and decking to modern seismic standards. The Port estimates that the cost of rehabilitating the pier substantially exceeds the Port’s estimates of the pier’s fair market value. The Port does not have adequate funding in its 10-year capital plan for the costs to improve or to remove the pier due to limited Port resources and competing Port priorities, including completion of a new international cruise terminal at Pier 27 and the preservation of historic maritime resources in the Port’s jurisdiction. The Port must conserve Port revenue to support those maritime uses and public improvements for
which private investment is not economical.
(c)Over the past decade, the Port has sought to preserve and develop Pier 30-32 through public-private partnerships. In 2001, the Legislature authorized the development of Pier 30-32 with a new cruise ship terminal, office space, and retail space. The need for a new cruise ship terminal has been recognized for over 40 years. A 1998 assessment by the Port found that cruise industry experts considered the present terminal at Pier 35 on the San Francisco waterfront to be inferior to other cruise terminals in the United States. That assessment also concluded that the existing San Francisco passenger terminal at Pier 35 cannot accommodate modern cruise ships. The Port’s 1998 assessment evaluated alternative locations for a new cruise ship terminal and concluded that Pier 30-32 was the most viable site for a new cruise terminal in San Francisco because of its position adjacent to deep water, site
configuration, and development considerations. The Port solicited proposals and selected a developer for a cruise ship terminal at Pier 30-32. The developer subsequently abandoned that project after determining that the financial investment required to improve the substructure of Pier 30-32 was cost prohibitive, and no other developer could be found who was willing to accept assignment of the development rights for the project. The Port has since identified Pier 27 as the preferred location for its new cruise ship terminal in San Francisco, and construction of the terminal building is currently underway.
(d)In 2011, the America’s Cup Event Authority proposed to improve Pier 30-32 to host racing teams and hospitality facilities during the America’s Cup in 2013, and to acquire long-term development rights to Pier 30-32. Those planned facilities were ultimately relocated to other piers due primarily to the cost of rehabilitating the substructure
of Pier 30-32.
(e)The Waterfront Land Use Plan and the Special Area Plan recognize that the development of Pier 30-32 and the surrounding area within the South Beach/China Basin subarea identified in the Waterfront Land Use Plan would further the public trust purposes of increasing maritime activities and expanding public use and enjoyment of the waterfront on trust lands at this location.
(f)The Port now proposes a mixed-use development at Pier 30-32, which will further public use, access, and enjoyment of the tidelands and surrounding water at this location by providing a multipurpose venue for events and public assembly, coupled with public access, open space, and venue supporting or trust retail uses; significant maritime facilities, including an occasional berthing area for large vessels; bay-oriented recreational activities; and limited ancillary parking as reasonably
necessary to meet the visitor-serving needs of the mixed-used development, including the multipurpose venue, all of which are designed to preserve and improve public and visual access to the bay and its shoreline.
(g)The proposed mixed-use development at Pier 30-32 would not displace any existing maritime uses at the site and would allow the existing maritime use of the pier to continue and expand by ensuring the long-term viability of the pier facility. The historic use of Pier 30-32 for breakbulk cargo operations is no longer viable for that pier or any of the finger piers between Pier 35 to Pier 48 due to a number of factors, including the construction of the present-day Embarcadero roadway and elimination of rail service to the piers, and the finger piers are not designed to accommodate modern containerized cargo operations. Accordingly, the proposed mixed-use project would not eliminate any opportunities to develop future maritime cargo
facilities on Port property.
(h)Pier 30-32 is ideally situated to provide public access to and enjoyment of the waterfront and bay. It is within walking distance of the Ferry Building, the San Francisco Giants baseball stadium, and regional transit hubs, including the Transbay Transit Center, which is under construction, has unmatched views of the Bay and the Bay Bridge, and is immediately adjacent to the Brannan Street Wharf project, which will provide a 58,700-square-foot pile-supported park over the bay, consistent with the Special Area Plan. The Port committed to the construction of the Brannan Street Wharf earlier than required under the Special Area Plan through investment of approximately twenty-five million dollars ($25,000,000) for the removal of 175,000 square feet of pile-supported fill and development of public access improvements. Construction of the Brannan Street Wharf project was recently completed and the wharf was opened to
the public in July 2013. The value of the Brannan Street Wharf as a recreational resource is diminished by the current condition and use of Pier 30-32, which cannot support dedicated public access on the pier and full realization of the Brannan Street Wharf Open Water Basin.
(i)The inclusion of significant public access improvements, maritime facilities, and venue supporting or trust retail uses, together with a new multipurpose venue for events that bring people from around the state to the waterfront to use and enjoy the public trust assets of San Francisco, enhances and promotes trust purposes at Pier 30-32.
(j)The Port estimates the cost of the construction of the substructure and related improvements required to make Pier 30-32 useable for the proposed mixed-use development is in excess of one hundred twenty million dollars ($120,000,000), which significantly exceeds the
Port’s appraised fair market value of the pier. The Port plans to finance the substructure costs with private capital and the following public revenue sources: the proceeds from the sale or lease of Seawall Lot 330 pursuant to AB 418, rent credits for the lease of Pier 30-32 to the developer of the venue, property tax increment from an infrastructure financing district, and possibly special taxes from a community facilities district. Construction of the multipurpose venue structure will be entirely privately financed and will not require any expenditure of money from the city’s general fund, or from other city or Port funds.
(k)There are presently few visitor-serving amenities in the vicinity of Pier 30-32. The Port’s efforts to develop its property for hotel use have been unsuccessful. The development of the multipurpose venue at Pier 30-32 and the termination of the trust use restrictions at Seawall Lot 330 would create substantial new
demand for visitor-serving uses at that location and would make those uses financially feasible as part of an overall residential, visitor-serving, and mixed-use development at Seawall Lot 330. Also, Seawall Lot 330 presents an opportunity to enhance the trust value of the project on Pier 30-32 by attracting more people to the waterfront and providing accommodations to people from both the San Francisco region and other areas of the state through visitor-serving uses, which may include visitor-serving retail, restaurants, or hotel use, or any combination of these.
waterfront with a natural deepwater berth along its east face. This east berth is valuable to the Port and the city due to its ability to berth a variety of large vessels, including cruise ships and emergency response vessels, and benefits the environment because the bay floor within this location is a natural deepwater, self-scouring berth that does not require periodic dredging. The poor structural condition of Pier 30-32 limits its use to parking, limited events, and occasional, temporary use as a tertiary berth for cruise ships and other deep draft vessels. The pier has a limited remaining useful life. The Port estimates that the cost of removing the pier would exceed fifty-five million dollars ($55,000,000).
the pier’s fair market value. The Port does not have adequate funding in its 10-year capital plan for either the costs to improve the pier to meet modern seismic safety standards or to remove the pier. The Port requires other funding sources, such as a private development partner, to remove, rehabilitate, or redevelop the facility.
authority proposed to improve Pier 30-32 to host racing teams and hospitality facilities during the 2013 America’s Cup and to acquire long-term development rights to Pier 30-32. Those facilities were relocated to other piers due primarily to the cost of rehabilitating the Pier 30-32 substructure.
square feet of pile-supported fill at Pier 36 and completed the Brannan Street Wharf, which opened to the public in 2013, at a cost of more than twenty-five million dollars ($25,000,000). The blighted condition of Pier 30-32 negatively impacts adjacent properties, including the Brannan Street Wharf.
floating swimming pool.
berth. The Port has determined that neither historic use of Pier 30-32 for break bulk cargo operations, nor modern containerized cargo operations are viable for that pier or any of the finger piers between Pier 35 and Pier 48 due to a number of factors, including the present configuration of the Embarcadero roadway and elimination of rail service to the piers.
equity-based programs for underserved communities throughout the bay area, including, among other things, learn-to-swim programs, water sports education and training, and programs providing direct access to the bay.
and an adjacent public-private partnership to rehabilitate Piers 38 and 40, which are collectively designed to provide coordinated protection for approximately one mile of the San Francisco waterfront from seismic, flood, and sea level rise risks through the year 2100.
accordance with the conditions described in Section 5 of this act, will reduce seismic, flood, and sea level rise risks that threaten life, safety, and the Port’s public trust assets, promote the public trust objectives of attracting people from around the state to use and enjoy the San Francisco waterfront and the bay and further maritime commerce, and is in the best interests of the state.
SEC. 5.
Section 5 of Chapter 489 of the Statutes of 2001, as amended by Section 6 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 5.
(a) The Legislature, in the exercise of its retained power as trustee of the public trust, and in view of the unique circumstances existing at Pier 30-32 on the San Francisco waterfront hereby authorizes the State Lands Commission to approve a mixed-use development on the San Francisco waterfront at Pier 30-32 that includes a multipurpose venue for events and public assembly, if the State Lands Commission finds, at a properly noticed public meeting, that all of the following conditions are met: general office use and general retail use, if the State Lands Commission finds at a properly noticed public meeting that all of the following conditions are met:
(1)The mixed-use development is designed 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.
(2)(A)The mixed-use development is designed to provide multiple significant views of the Bay Bridge and the San Francisco Bay from a variety of elevations and vantage points, including significant views of the Bay Bridge and the San Francisco Bay from the interior concourses of the multipurpose venue and views of the Bay Bridge from certain seating areas within the multipurpose venue.
(B)The multipurpose venue facility is located to minimize interference with public views of San Francisco Bay to the extent feasible.
(C)The multipurpose venue facility provides free public access to patrons and nonpatrons alike to exterior portions of the building from which the public can view the San Francisco Bay, subject to reasonable limitations based on security. In addition, to encourage the
public to come to the bay’s edge, the design of the multipurpose venue shall provide significant free public views of the inside of the multipurpose venue from the outside, and the operator of the multipurpose venue shall be required to allow the public to view the inside of the multipurpose venue from the outside during events whenever feasible.
(3)The mixed-use development is designed to achieve and enhance maximum feasible public access to and minimum fill in the bay in a manner that is consistent, as determined by BCDC in its separate permit process, with the Special Area Plan, the McAteer-Petris Act, and the Bay Plan.
(4)The mixed-use development includes significant public plazas open to the public on a substantially permanent basis that can be accessed via public pedestrian promenades at the site that encourage public use of the site and provide a variety of views of the
San Francisco Bay and the San Francisco cityscape.
(5)The mixed-use development includes continuous public access around the perimeter of Pier 30-32 open to the public year round, with limited exceptions for temporary safety, security, and maritime-based interruptions, and includes an interpretive program to enhance the public’s enjoyment of the site.
(6)The mixed-use development includes a significant and appropriate maritime program, which shall be consistent with the Special Area Plan and shall include, but is not limited to:
(A)A city fire station and berthing facilities for city fire boats, or, in lieu thereof, one or more other maritime uses on the north side of Pier 30-32.
(B)Facilities for berthing at the east end of Pier 30-32, including,
but not limited to, facilities that can accommodate periodic use by cruise or other deep draft vessels, or other facilities that promote the deep water berth at Pier 30-32.
(C)Facilities that enable direct public access to the water by human-powered vessels or swimmers, if feasible, on the south side of Pier 30-32, or water-oriented recreational uses facing the Brannan Street Wharf open water basin.
(D)Water-transit docking or berthing facilities for water taxis, ferries, or both.
(7)Any nonmaritime office space on Pier 30-32 is limited to 70,000 square feet, and any nonmaritime office space provided on Pier 30-32 is for use only by the primary tenants of the multipurpose venue for events and public assembly, the venue supporting or trust retail uses on Pier 30-32, and the operation and management of the open
space and other public facilities on Pier 30-32.
(8)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.
(9)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.
(10)Public trust-consistent events, uses, and programming are offered regularly at the site of the mixed-use development. The site shall be made available to the Port or its designee for those
events on at least 15 days per year, including at least three days on which the multipurpose venue shall be made available to the Port or its designee for those events. These events shall include free and low-cost visitor-serving events.
(11)A public community room is available at the site for free or low-cost use by members of the statewide public, without preference to local residents or organizations.
(12)The development of the site is required to be consistent with a plan to address anticipated sea-level rise through the year 2050, which shall include enforceable strategies incorporating an adaptive management approach to sea-level rise for the duration of the ground lease term.
(13)The development approved for Seawall Lot 330 includes a hotel or other visitor-serving uses that will materially enhance public
trust uses on Pier 30-32 and the San Francisco waterfront.
(14)The city has filed a notice of determination for the mixed-use development project at Pier 30-32 under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), 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.
(15)A major permit application for the mixed-use development at Pier 30-32 has been submitted to BCDC.
(16)In consideration of the conditions described in paragraphs (1) to (15), inclusive, and any other relevant information considered by the State Lands Commission, the mixed-use development project at Pier 30-32 is otherwise consistent with the public trust.
(17)The mixed-use development project at Pier 30-32 is in the best interest of the state.
(b)Consistent with the past practice of coordination and consultation between the State Lands Commission and BCDC on proposed projects along the San Francisco waterfront, the State Lands Commission staff shall consult with BCDC staff prior to placing an action item on the agenda for the State Lands Commission to determine whether the mixed-use development at Pier 30-32 is consistent with the requirements of this section. The two agencies shall closely coordinate the scheduling of all public meetings to consider the subjects referenced in paragraphs (16) and (17) of subdivision (a).
(c)(1)If a multipurpose venue for events and public assembly is approved and constructed on Pier 30-32, the Port shall submit
and present at a properly noticed public State Lands Commission meeting a trust program report to the State Lands Commission, no later than five years from the date of the opening of the multipurpose venue, and every five years thereafter through the term of the ground lease for the multipurpose venue, that contains all of the following information:
(A)A list and description of the trust-related events and programming that have occurred at the site of the mixed-use development and in the multipurpose venue over the preceding five-year period, including the dates on which the events occurred or the multipurpose venue was made available for those events, and identifying any free and low-cost visitor-serving events.
(B)A description of the efforts made by the Port, its tenants, and subtenants to publicize the availability of Pier 30-32, including the multipurpose venue, for
trust-related events and other efforts undertaken to solicit such events.
(C)A description of the maritime program on those portions of Pier 30-32 within the purview of the Port or the city, including a list of the facilities constructed, identification of any tenants, licensees, or other operators of the maritime facilities, and a description of the nature and frequency of the maritime use.
(D)A description of the tenants and use of the nonmaritime office space and the use of the public community room on Pier 30-32.
(E)Any other information specifically requested by the State Lands Commission that pertains to the city or Port program of trust uses for Pier 30-32 and that is reasonably obtainable by the city or Port.
(2)(A)The
Port, and the city, if applicable, shall work cooperatively with the executive officer of the State Lands Commission to develop an implementation plan if the executive officer of the State Lands Commission, upon review of the trust program report, determines both of the following:
(i)That Pier 30-32 is not being used for at least 15 trust-related events annually at the site as a whole or is not being used for at least three trust-related events annually at the multipurpose venue as specified in paragraph (10) of subdivision (a); or, that the city or the Port has not implemented the maritime program for Pier 30-32 for its intended purposes, as specified in paragraph (6) of subdivision (a).
(ii)That the Port, or the city, as applicable, has not taken effective action to achieve the objectives specified in clause (i).
(B)The executive officer of the State Lands Commission shall provide written notice to the Port and the city of a determination under subparagraph (A) requiring the development of an implementation plan, including the basis for that determination. An implementation plan developed pursuant to this paragraph shall ensure that the objectives of clause (i) of subparagraph (A) are met for the next five-year reporting period and shall be consistent with the terms and conditions set forth in governmental approvals for development of the project and in then-existing leases and other contracts affecting use of the site, including rights of leasehold mortgagees under those contracts. In accordance with this subparagraph, the implementation plan may include a plan for improving outreach, publicity, or marketing efforts for trust events or to attract maritime operators or users.
(3)In conjunction with the Port’s report required in paragraph
(1), the tenant of the multipurpose venue shall submit and, if requested by the executive officer of the State Lands Commission, present at a properly noticed public State Lands Commission meeting, an informational report to the State Lands Commission describing how the event program at the multipurpose venue is meeting the objectives for use of that venue set forth in paragraph (2) of subdivision (a).
development provides free public access to at least the following spaces and amenities, with signage identifying public access and shall be open to the public year round, subject to reasonable limitations for temporary safety, security, and maritime-based activities, all of which shall be subject to Port approval:
above the public-serving retail facility described in subparagraph (C) of paragraph (8).
enhancement structures, and other structures not supported by piles.
include specialty shops, food, or experiences that are of unique interest to waterfront visitors.
site is required to include all of the following enhancements built in accordance with the Port’s standards and specifications:
SEC. 6.
Section 7 of Chapter 489 of the Statutes of 2001, as amended by Section 8 of Chapter 381 of the Statutes of 2013, is repealed.
(a)Any legislative or regulatory requirement for findings of consistency with the public trust doctrine or the Burton Act trust under the Special Area Plan, the Bay Plan, or any other applicable statute, regulation, or plan shall be deemed satisfied if the State Lands Commission has found that the mixed-use development on Pier 30-32 is consistent with the requirements of Section 6 of this act.
(b)Except with respect to a finding of consistency with the public trust doctrine, nothing in this act is intended to limit the authority and discretion of BCDC to approve or deny permits for the mixed-use development on Pier 30-32 generally described in this act in a manner consistent with the McAteer-Petris Act, the Bay Plan, and the
Special Area Plan, including the authority and discretion of BCDC to impose conditions on the permits for the project. Except as provided in subdivision (a), the project’s consistency with the requirements of Section 6 of this act shall not be conclusive on BCDC in the exercise of its discretion to determine whether the mixed-use development on Pier 30-32 is consistent with the McAteer-Petris Act and the policies of the Bay Plan and the Special Area Plan. This act shall not limit the authority and discretion of BCDC to enforce permits issued for the projects described in this act.
(c)In its environmental analysis pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the city shall 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.
(d)In its major permit for the project, BCDC may 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 the following criteria:
(1)The amount of parking shall not exceed the minimum amount necessary to accommodate the public’s use of Pier 30-32, taking into account land and water public transportation systems and offsite parking facilities that serve or are planned to serve the site.
(2)Parking shall be located under active uses on Pier 30-32 and shall be screened from public view.
(3)Structures enclosing the parking shall be constructed to minimize impacts on views to public access areas on Pier 30-32 and to the Bay and on the usability and attractiveness of public access on top of the parking structure.
(4)Parking on the pier, and any new signalized intersection made necessary by parking on the pier, shall not materially impair the current and future use of Herb Caen Way as a regionally significant pedestrian, bicycle, and public access way, and the provision of ground-level perimeter access on the pier.
(e)(1)The Pier 30-32 project shall 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, either through this section or through an amendment to the Special Area Plan.
(2)In considering whether to issue a major permit for the mixed-use development on Pier 30-32 that the State Lands Commission has found to be consistent with Section 6 of this act, BCDC may consider the offsite public benefits proposed as part of the development project developed pursuant to paragraph (1), together with the project’s onsite public benefits, in determining whether the project is consistent, on balance, with the adopted policies of the Bay Plan and Special Area Plan, including, but not limited to, the Special Area Plan policies for piers not designated for removal, which apply to Pier 30-32.
(3)For purposes of this subdivision public benefits developed pursuant to this section may include but are not limited to, any of the following:
(A)Rehabilitation of a Port historic structure or a substantial
portion thereof.
(B)Bay view enhancement by accelerating the removal of a pier shed or other structure presently obstructing public views of the bay. If the removal of the structure is not currently required pursuant to the Special Area Plan and the removal of the structure provides bay views of a similar quality to that afforded by removal of a Port historic structure currently required by the Special Area Plan, any such removal shall be deemed to satisfy the existing requirement for removal of a Port historic structure.
(C)Bicycle or pedestrian improvements to enhance public access in the vicinity of the Pier 30-32 site.
SEC. 7.
Section 14 of Chapter 489 of the Statutes of 2001, as amended by Section 13 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 14.
(a) This act does not alter the obligations of the city or the Port under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including any obligation to consider alternatives to a project proposed for Pier 30-32 or Seawall Lot 330.
(b)If there are material changes to the mixed-use development project at Pier 30-32 after action by the State Lands Commission pursuant to Section 6 of this act, the mixed use development project at Pier 30-32 shall be resubmitted to the State Lands Commission for approval consistent with the requirements of Section 6 of the act that added this subdivision during the 2013–14 Regular Session. The executive officer of the State Lands
Commission shall determine whether the changes made to the mixed-use development project at Pier 30-32 are material.
(c)If a mixed-use development at Pier 30-32 that includes a multipurpose venue for events and public assembly that meets the conditions of Section 6 of the act that added this subdivision during the 2013–14 Regular Session, has not been approved on or before January 1, 2024, the provisions of Section 6 and Section 8 of that act shall become inoperative as of that date.
then the Port shall notify the commission of the proposed changes and provide documents adequate to understand and analyze the proposed change. If the executive officer of the commission reasonably determines that the changes are material to the findings of the commission pursuant to Section 5, then the mixed-use development project at Pier 30-32 shall be resubmitted to the commission for approval consistent with the requirements of subdivision (a) of Section 5.
SEC. 8.
The Legislature finds and declares that subdivisions (a) and (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively, shall not apply to a mixed-use project on Pier 30-32 that the State Lands Commission finds consistent with the requirements of subdivision (a) of Section 5 of this act regardless of whether the mixed-use project retains any of the existing pier substructure or pier surface improvements and whether or not any or all of the pier substructure and pier surface improvements are wholly reconstructed or wholly
replaced.
SEC. 9.
The reasonable costs of any study or investigation undertaken by or at the direction of the State Lands Commission or its staff that is necessary to implement Chapter 489 of the Statutes of 2001, as amended, including reasonable reimbursement for time incurred by State Lands Commission staff in processing, investigating, and analyzing any information submitted pursuant to Chapter 489 of the Statutes of 2001, as amended, shall be borne by the Port or the city according to a budget to be agreed upon by State Lands Commission staff and the Port or the city, as applicable, before any such study or investigation is
begun.
SEC. 10.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable only to the trust lands described in this act.
It is the intent of the Legislature to enact legislation that would authorize a mixed-use project located on Piers 30-32 in the City and County of San Francisco consisting of elements including, but not limited to, adjacent residential housing, general office, visitor-serving retail, a deep-water berthing facility, an aquatic center with a floating swimming pool and bay access, the removal of bay fill, a seismically enhanced sea wall, and a sea level flood line of defense to protect the harbor and city beyond the year 2100.
Amended IN Senate March 30, 2023 |
Amended IN Senate March 14, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
Introduced by Senator Wiener (Coauthors: Assembly Members Haney and Ting) |
January 31, 2023 |
LEGISLATIVE COUNSEL’S DIGEST
Tidelands and submerged lands: City and County of San Francisco: Piers 30-32: mixed-use development.
assembly, if the State Lands Commission finds, at a properly noticed public meeting, that specified conditions are met.
for the City and County of San Francisco with respect to the development of Piers 30-32.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Pier 30-32 Reconstruction Act.
SEC. 2.
Section 1 of Chapter 489 of the Statutes of 2001, as amended by Section 2 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 1.
For purposes of this chapter, the following terms have the following meanings:
Development Commission established pursuant to Section 66620 of the Government Code.
which the state conveyed to the City and County of San Francisco, in trust, by transfer agreement, and subject to certain terms, conditions, and reservations, the state’s interest in certain tide and submerged lands.
navigable waters of the state, including the tidelands and submerged lands underlying those waters that are held in trust for the benefit of all the people of the state and for purposes that include maritime or water-dependent commerce, navigation, fisheries, the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
means that parcel of real property situated in the City and County of San Francisco, commencing at the point of intersection of the northeasterly line of Beale Street and the southeasterly line of Bryant Street, as said point is described on that certain San Francisco Department of Public Works Monument Map Number 318, with a copy on file at the Engineering Division of the San Francisco Port Commission; running thence northeasterly, along the southeasterly line of Bryant Street, for a distance of 158 feet to the true point of beginning; continuing thence along the southeasterly line of Bryant Street, for a distance of 218.69 feet; thence along a curve to the right, having a radius of 57.50 feet and a central angle of 48° 28’ 22”, to the realigned southeasterly line of Bryant Street; thence along the said realigned southeasterly line of Bryant Street, for a distance of 64.90 feet, to the westerly
line of the Embarcadero; thence southerly and running along the westerly line of the Embarcadero, for a distance of 617.98 feet, to the northeasterly line of Beale Street; thence at a deflection angle of 131° 30’ 38” to the right and running along the northeasterly line of Beale Street, for a distance of 334.53 feet; thence at a right angle northeasterly, running parallel to Bryant Street, for a distance of 158.00 feet; thence at a right angle northwesterly, parallel to Beale Street, for a distance of 143.00 feet, to the true point of beginning, containing an area of 2.33 acres of land, more or less.
as subsequently amended from time to time.
transferred to the City and County of San Francisco pursuant to the Burton Act, as recorded May 14, 1969, in Book C 169 at
entitled SUR 790, and shown on
Plan adopted by the
SEC. 3.
Section 2 of Chapter 489 of the Statutes of 2001, as amended by Section 3 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 2.
The Legislature finds and declares all of the following:
portion or portions of the 100-foot shoreline band defined in subdivision (b) of Section 66610 of the Government Code located outside the boundaries of water-oriented priority land uses, the McAteer-Petris Act provides that BCDC may deny an application for a permit for a proposed project only on the grounds that the project fails to provide maximum feasible access to the bay and its shoreline, consistent with the proposed project. BCDC’s Bay Plan contains, among other things, BCDC’s policies to guide use and protection of all areas within BCDC’s jurisdiction and ensures that proposed projects minimize bay fill and provide maximum feasible public access to the bay and its shoreline.
California and are subject to the public trust and the terms and conditions specified in the Burton Act.
General Plan and Planning Code.
and China Basin provides, in part, for all of the following public benefits:
the removal of certain piers to uncover additional bay surface and the restriction of new bay fill in open water basins and areas to minor amounts needed to improve public access and shoreline appearance and accommodate permissible water-oriented uses.
of new views of the bay from the shoreline.
entire bay area, and serves as a unique destination for the public. These state and regional benefits include enjoyment of a unique, publicly owned waterfront that provides maritime, navigational, recreational, cultural, and historical benefits that serve the region and state.
deteriorating conditions along the San Francisco waterfront. The Port estimates that it will cost over
level rise. Port planners project the need to raise the San Francisco shoreline by seven feet or more above the current elevation, which will require changes to piers and bulkhead wharves to connect to the elevated shoreline. The Port anticipates any plan to address sea level rise will also include necessary seismic improvements to stabilize the shoreline. The cost of developing and implementing the adaptation plan is expected to be in the billions of dollars, with the federal government providing up to 65 percent of the total cost. The Port anticipates that private investment will be critical to fund the local share of the cost to develop and implement the adaptation plan, in addition to federal, state, and local funding.
SEC. 4.
Section 4 of Chapter 489 of the Statutes of 2001, as amended by Section 5 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 4.
The Legislature further finds and declares that the following unique circumstances exist at Pier 30-32 on the San Francisco waterfront, and that therefore, this act sets no precedent for any other location or project in the state, including on the San Francisco waterfront or in San Francisco Bay:
the city due to its ability to berth a variety of large vessels, including cruise ships and emergency response vessels, and benefits the environment because the bay floor within this location is a natural deepwater, self-scouring berth that does not require periodic dredging. The poor structural condition of Pier 30-32 limits its use to parking, limited events, and occasional, temporary use as a tertiary berth for cruise ships and other deep draft vessels. The pier has a limited remaining useful life. The Port estimates that the cost of removing the pier would exceed fifty-five million dollars ($55,000,000).
pier’s fair market value. The Port does not have adequate funding in its 10-year capital plan for either the costs to improve the pier to meet modern seismic safety standards or to remove the pier. The Port requires other funding sources, such as a private development partner, to remove, rehabilitate, or redevelop the facility.
visual access to the bay and its shoreline. The developer abandoned the project due in part to prohibitive development costs and the availability of a less costly parcel.
on scale with the Embarcadero’s historic pier sheds that
Pier 35 and Pier 48 due to a number of factors, including the present configuration of the Embarcadero roadway and elimination of rail service to the piers.
learn-to-swim programs, water sports education and training, and programs providing direct access to the bay.
public-private partnership to rehabilitate Piers 38 and 40, which are collectively designed to provide coordinated protection for approximately one mile of the San Francisco waterfront from seismic, flood, and sea level rise risks through the year 2100.
improvements to the seawall, and includes general office and retails uses, if designed in accordance with the conditions described in Section 5 of this act, will reduce seismic, flood, and sea level rise risks that threaten life, safety, and the Port’s public trust assets, promote the public trust objectives of attracting people from around the state to use and enjoy the San Francisco waterfront and the bay and further maritime commerce, and is in the best interests of the state.
SEC. 5.
Section 5 of Chapter 489 of the Statutes of 2001, as amended by Section 6 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 5.
(a) The Legislature, in the exercise of its retained power as trustee of the public trust, and in view of the unique circumstances existing at Pier 30-32 on the San Francisco waterfront hereby authorizes the State Lands Commission to approve a mixed-use development on the San Francisco waterfront at Pier 30-32 that includes general office use and general retail use, if the State Lands Commission finds at a properly noticed public meeting that all of the following conditions are met:
enjoyment of the San Francisco Bay, encourage public trust activities, such as viewing the bay, boating and fishing, and enhance public use of trust assets and resources on the waterfront.
amenities, with signage identifying public
mixed-use development provides maritime facilities for berthing at the east end of Pier 30-32, including, but not limited to, facilities that can accommodate periodic use by cruise, ceremonial military, emergency response, or other deep draft vessels.
220 feet for the first story and width of 400 feet for the second story, which width extends
above the public-serving retail facility described in subparagraph (C) of paragraph (8).
and human-powered watercraft, the floating pool facility described in subparagraph (A) of paragraph (8), habitat enhancement structures, and other structures not supported by piles.
restrooms and water bottle filling stations available to the public at no cost, and frontage on and an entrance from the Embarcadero. The facility
and enhance public opportunities to enjoy the waterfront.
seismically strengthened pier deck designed to address future sea level rise.
SEC. 6.
Section 7 of Chapter 489 of the Statutes of 2001, as amended by Section 8 of Chapter 381 of the Statutes of 2013, is amended to read:
(a)Any legislative or regulatory requirement for findings of consistency with the public trust doctrine or the Burton Act trust under the Special Area Plan, the Bay Plan, or any other applicable statute, regulation, or plan shall be deemed satisfied if the State Lands Commission has found that the mixed-use development on Pier 30-32 is consistent with the requirements of Section 6 of this act.
(b)Except with respect to a finding of consistency with the public trust doctrine, nothing in this act is intended to limit the authority and discretion of BCDC to approve or deny permits for the mixed-use development on Pier 30-32 generally described in this act in a manner consistent with the McAteer-Petris Act, the Bay Plan, and the
Special Area Plan, including the authority and discretion of BCDC to impose conditions on the permits for the project. Except as provided in subdivision (a), the project’s consistency with the requirements of Section 6 of this act shall not be conclusive on BCDC in the exercise of its discretion to determine whether the mixed-use development on Pier 30-32 is consistent with the McAteer-Petris Act and the policies of the Bay Plan and the Special Area Plan. This act shall not limit the authority and discretion of BCDC to enforce permits issued for the projects described in this act.
(c)In its environmental analysis pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the city shall 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.
(d)In its major permit for the project, BCDC may 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 the following criteria:
(1)The amount of parking shall not exceed the minimum amount necessary to accommodate the public’s use of Pier 30-32, taking into account land and water public transportation systems and offsite parking facilities that serve or are planned to serve the site.
(2)Parking shall be located under active uses on Pier 30-32 and shall be screened from public view.
(3)Structures enclosing the parking shall be constructed to minimize impacts on views to public access areas on Pier 30-32 and to the Bay and on the usability and attractiveness of public access on top of the parking structure.
(4)Parking on the pier, and any new signalized intersection made necessary by parking on the pier, shall not materially impair the current and future use of Herb Caen Way as a regionally significant pedestrian, bicycle, and public access way, and the provision of ground-level perimeter access on the pier.
(e)(1)The Pier 30-32 project shall 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, either through this section or through an amendment to the Special Area Plan.
(2)In considering whether to issue a major permit for the mixed-use development on Pier 30-32 that the State Lands Commission has found to be consistent with Section 6 of this act, BCDC may consider the offsite public benefits proposed as part of the development project developed pursuant to paragraph (1), together with the project’s onsite public benefits, in determining whether the project is consistent, on balance, with the adopted policies of the Bay Plan and Special Area Plan, including, but not limited to, the Special Area Plan policies for piers not designated for removal, which apply to Pier 30-32.
(3)For purposes of this subdivision public benefits developed pursuant to this section may include but are not limited to, any of the following:
(A)Rehabilitation of a Port historic structure or a substantial
portion thereof.
(B)Bay view enhancement by accelerating the removal of a pier shed or other structure presently obstructing public views of the bay. If the removal of the structure is not currently required pursuant to the Special Area Plan and the removal of the structure provides bay views of a similar quality to that afforded by removal of a Port historic structure currently required by the Special Area Plan, any such removal shall be deemed to satisfy the existing requirement for removal of a Port historic structure.
(C)Bicycle or pedestrian improvements to enhance public access in the vicinity of the Pier 30-32 site.
Sec. 7.
The Legislature finds and declares that subdivisions (a) and (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively, shall not apply to a mixed-use project on Pier 30-32 that the State Lands Commission finds consistent with the requirements of subdivision (a) of Section 5 of this act regardless of whether the mixed-use project retains any of the existing pier substructure or pier surface improvements and whether any or all of the pier substructure and pier surface improvements are wholly reconstructed or wholly replaced.
SEC. 7.
Section 12 of Chapter 489 of the Statutes of 2001 is amended to read:
SEC. 12.
The State Lands Commission and the city may modify any description and plat prepared and recorded pursuant to the Burton Act, as amended, and Section 11 II of that certain agreement relating to the transfer of the Port of San Francisco from the state to the city and dated January 24, 1969, and to record the modified description and plat in the office of the recorder of the city.
SEC. 7.SEC. 8.
Section 14 of Chapter 489 of the Statutes of 2001, as amended by Section 13 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 14.
(a) This act does not alter the obligations of the city or the Port under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including any obligation to consider alternatives to a project proposed for Pier 30-32 or Seawall Lot 330.
the Port shall notify the commission of the proposed changes and provide documents adequate to understand and analyze the proposed
(2)For purposes of this subdivision, “Section 5” means Section 5 of the act that added this subdivision during the 2023–24 Regular Session.
The Legislature finds and declares that subdivisions (a) and (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively, shall not apply to a mixed-use project on Pier 30-32 that the State Lands Commission finds consistent with the requirements of subdivision (a) of Section 5 of this act regardless of whether the mixed-use project retains any of the existing pier substructure or pier surface improvements and whether or not any or all of the pier substructure and pier surface improvements are wholly reconstructed or wholly replaced.
SEC. 9.
The reasonable costs of any study or investigation undertaken by or at the direction of the State Lands Commission or its staff that is necessary to implement Chapter 489 of the Statutes of 2001, as amended, including reasonable reimbursement for time incurred by State Lands Commission staff in processing, investigating, and analyzing any information submitted pursuant to Chapter 489 of the Statutes of 2001, as amended, shall be borne by the Port or the city according to a budget to be agreed upon by State Lands Commission staff and the Port or the city, as applicable, before any such study or investigation is begun.
SEC. 10.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable only to the trust lands described in this act.
Amended IN Senate April 27, 2023 |
Amended IN Senate March 30, 2023 |
Amended IN Senate March 14, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
Introduced by Senator Wiener (Coauthors: Assembly Members Haney and Ting) |
January 31, 2023 |
LEGISLATIVE COUNSEL’S DIGEST
Tidelands and submerged lands: City and County of San Francisco: Piers 30-32: mixed-use development.
assembly, if the State Lands Commission finds, at a properly noticed public meeting, that specified conditions are met.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Pier 30-32 Reconstruction Act.
SEC. 2.
Section 1 of Chapter 489 of the Statutes of 2001, as amended by Section 2 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 1.
For purposes of this chapter, the following terms have the following meanings:
Development Commission established pursuant to Section 66620 of the Government Code.
the state conveyed to the City and County of San Francisco, in trust, by transfer agreement, and subject to certain terms, conditions, and reservations, the state’s interest in certain tide and submerged lands.
navigable waters of the state, including the tidelands and submerged lands underlying those waters that are held in trust for the benefit of all the people of the state and for purposes that include maritime or water-dependent commerce, navigation, fisheries, the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
64.90 feet, to the westerly line of the Embarcadero; thence southerly and running along the westerly line of the Embarcadero, for a distance of 617.98 feet, to the northeasterly line of Beale Street; thence at a deflection angle of 131° 30’ 38” to the right and running along the northeasterly line of Beale Street, for a distance of 334.53 feet; thence at a right angle northeasterly, running parallel to Bryant Street, for a distance of 158.00 feet; thence at a right angle northwesterly, parallel to Beale Street, for a distance of 143.00 feet, to the true point of beginning, containing an area of 2.33 acres of land, more or less.
April 1975, adopted by BCDC, as subsequently amended from time to time.
transferred to the City and County of San Francisco pursuant to the Burton Act, as recorded May 14, 1969, in Book C 169 at pages 573 to 664, inclusive, in the San Francisco Recorder’s office, as more particularly described as that portion of Main Street, located between Bryant Street and the Embarcadero, vacated per Ordinance 14-93 on January 11, 1993, on file with the San Francisco Bureau of Street Use and Mapping, in Book 10, on page 94. All streets and street lines described in the preceding sentence are in accordance with that certain map entitled SUR 790, and shown on page 318 of the City and County of San Francisco 100 Scale Ownership Maps, on file with the city’s Bureau of Street Use and Mapping.
consistent with the common law public trust, including, but not limited to, water-oriented retail, visitor-serving retail, restaurant establishments, and other similar retail uses.
Plan adopted by the Port pursuant to Resolution No. 97-50, as amended from time to time.
SEC. 3.
Section 2 of Chapter 489 of the Statutes of 2001, as amended by Section 3 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 2.
The Legislature finds and declares all of the following:
or portions of the 100-foot shoreline band defined in subdivision (b) of Section 66610 of the Government Code located outside the boundaries of water-oriented priority land uses, the McAteer-Petris Act provides that BCDC may deny an application for a permit for a proposed project only on the grounds that the project fails to provide maximum feasible access to the bay and its shoreline, consistent with the proposed project. BCDC’s Bay Plan contains, among other things, BCDC’s policies to guide use and protection of all areas within BCDC’s jurisdiction and ensures that proposed projects minimize bay fill and provide maximum feasible public access to the bay and its shoreline.
and are subject to the public trust and the terms and conditions specified in the Burton Act.
create consistent plans for the area of the San Francisco waterfront between Pier 35 and China Basin.
access features on piers where appropriate.
finance the removal of the selected piers and the construction and maintenance of those public plazas.
subdivision (a) or (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively.
in implementing the Waterfront Land Use Plan. Deferred maintenance on the Port’s historic piers and other structures, together with limitations on revenue generating opportunities, has limited the Port’s ability to improve the
deteriorating conditions along the San Francisco waterfront. The Port estimates that it will cost over one billion five hundred million dollars ($1,500,000,000) to implement its capital plan, which substantially exceeds the projected revenues estimated by the Port to be available for these purposes.
connect to the elevated shoreline. The Port anticipates any plan to address sea level rise will also include necessary seismic improvements to stabilize the shoreline. The cost of developing and implementing the adaptation plan is expected to be in the billions of dollars, with the federal government providing up to 65 percent of the total cost. The Port anticipates that private investment will be critical to fund the local share of the cost to develop and implement the adaptation plan, in addition to federal, state, and local funding.
SEC. 4.
Section 4 of Chapter 489 of the Statutes of 2001, as amended by Section 5 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 4.
The Legislature further finds and declares that the following unique circumstances exist at Pier 30-32 on the San Francisco waterfront, and that therefore, this act sets no precedent for any other location or project in the state, including on the San Francisco waterfront or in San Francisco Bay:
to berth a variety of large vessels, including cruise ships and emergency response vessels, and benefits the environment because the bay floor within this location is a natural deepwater, self-scouring berth that does not require periodic dredging. The poor structural condition of Pier 30-32 limits its use to parking, limited events, and occasional, temporary use as a tertiary berth for cruise ships and other deep draft vessels. The pier has a limited remaining useful life. The Port estimates that the cost of removing the pier would exceed fifty-five million dollars ($55,000,000).
does not have adequate funding in its 10-year capital plan for either the costs to improve the pier to meet modern seismic safety standards or to remove the pier. The Port requires other funding sources, such as a private development partner, to remove, rehabilitate, or redevelop the facility.
The developer abandoned the project due in part to prohibitive development costs and the availability of a less costly parcel.
sheds that contain revenue-generating, nontrust commercial office space.
situated to provide public access to and enjoyment of the waterfront and bay. It is less than one mile from the Ferry Building, the San Francisco Giants baseball stadium, and regional transit hubs, including the Transbay Transit Center, has views of the bay and the Bay Bridge, and is immediately adjacent to the Brannan Street Wharf, which provides a 58,700-square-foot pile-supported park over the bay.
and attract people from around the state to the waterfront to use and enjoy this and other public trust assets in San Francisco, thereby enhancing and promoting public trust purposes.
trust assets, promote the public trust objectives of attracting people from around the state to use and enjoy the San Francisco waterfront and the bay and further maritime commerce, and is in the best interests of the state.
SEC. 5.
Section 5 of Chapter 489 of the Statutes of 2001, as amended by Section 6 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 5.
(a) The Legislature, in the exercise of its retained power as trustee of the public trust, and in view of the unique circumstances existing at Pier 30-32 on the San Francisco waterfront hereby authorizes the State Lands Commission to approve approve, as consistent with the public trust, a mixed-use development on the San Francisco waterfront at Pier 30-32 that includes general office use, if the State Lands Commission finds at a properly noticed public meeting that all of the following conditions are met:
human-powered watercraft, including, but not limited to, kayaks, canoes, and paddle boards.
not to exceed the height of 40 feet, as measured in accordance with the San Francisco Planning Code, length extending bayward from the Embarcadero of 910 feet, and width of 220 feet for the first story and width of 400 feet for the second story, which width extends above the public-serving retail facility described in subparagraph (C) of paragraph (8).
the existing Pier 30-32 substructure or structure.
facilities ancillary to the swimming pool available to the public for free or at reasonable cost.
seismically strengthened pier deck designed to address future sea level rise.
Act, and in consideration of the conditions described in paragraphs (1) to (11), inclusive, is otherwise consistent with the public trust.
commission with a detailed narrative statement regarding both of the following:
SEC. 6.
Section 7 of Chapter 489 of the Statutes of 2001, as amended by Section 8 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 7.
The Legislature finds and declares that subdivisions (a) and (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively, shall not apply to a mixed-use project on Pier 30-32 that the State Lands Commission finds consistent with the requirements of subdivision (a) of Section 5 of this act regardless of whether the mixed-use project retains any of the existing pier substructure or pier surface improvements and whether any or all of the pier substructure and pier surface improvements are wholly reconstructed or wholly replaced.
SEC. 7.
Section 12 of Chapter 489 of the Statutes of 2001 is amended to read:
Sec. 12.
The State Lands Commission and the city may modify any description and plat prepared and recorded pursuant to the Burton Act, as amended, and Section II of that certain agreement relating to the transfer of the Port of San Francisco from the state to the city and dated January 24, 1969, and to record the modified description and plat in the office of the recorder of the city.
SEC. 8.
Section 14 of Chapter 489 of the Statutes of 2001, as amended by Section 13 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 14.
(a) This act does not alter the obligations of the city or the Port under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including any obligation to consider alternatives to a project proposed for Pier 30-32 or Seawall Lot 330.
the commission
SEC. 9.
The reasonable costs of any study or investigation undertaken by or at the direction of the State Lands Commission or its staff that is necessary to implement Chapter 489 of the Statutes of 2001, as amended, including reasonable reimbursement for time incurred by State Lands Commission staff in processing, investigating, and analyzing any information submitted pursuant to Chapter 489 of the Statutes of 2001, as amended, shall be borne by the Port or the city according to a budget to be agreed upon by State Lands Commission staff and the Port or the city, as applicable, before any such study or investigation is begun.
SEC. 10.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable only to the trust lands described in this act.
Amended IN Assembly June 05, 2023 |
Amended IN Senate April 27, 2023 |
Amended IN Senate March 30, 2023 |
Amended IN Senate March 14, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
Introduced by Senator Wiener (Coauthors: Assembly Members Haney and Ting) |
January 31, 2023 |
LEGISLATIVE COUNSEL’S DIGEST
Tidelands and submerged lands: City and County of San Francisco: Piers 30-32: mixed-use development.
assembly, if the State Lands Commission finds, at a properly noticed public meeting, that specified conditions are met.
with the Natural Resources Agency, to develop guiding principles to address impacts of sea level rise on public trust lands, assets, and resources within the San Francisco Bay, as provided.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Pier 30-32 Reconstruction Act.
SEC. 2.
Section 1 of Chapter 489 of the Statutes of 2001, as amended by Section 2 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 1.
For purposes of this chapter, the following terms have the following meanings:
Development Commission established pursuant to Section 66620 of the Government Code.
which the state conveyed to the City and County of San Francisco, in trust, by transfer agreement, and subject to certain terms, conditions, and reservations, the state’s interest in certain tide and submerged lands.
navigable waters of the state, including the tidelands and submerged lands underlying those waters that are held in trust for the benefit of all the people of the state and for purposes that include maritime or water-dependent commerce, navigation, fisheries, the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
64.90 feet, to the westerly line of the Embarcadero; thence southerly and running along the westerly line of the Embarcadero, for a distance of 617.98 feet, to the northeasterly line of Beale Street; thence at a deflection angle of 131° 30’ 38” to the right and running along the northeasterly line of Beale Street, for a distance of 334.53 feet; thence at a right angle northeasterly, running parallel to Bryant Street, for a distance of 158.00 feet; thence at a right angle northwesterly, parallel to Beale Street, for a distance of 143.00 feet, to the true point of beginning, containing an area of 2.33 acres of land, more or less.
April 1975, adopted by BCDC, as subsequently amended from time to time.
transferred to the City and County of San Francisco pursuant to the Burton Act, as recorded May 14, 1969, in Book C 169 at pages 573 to 664, inclusive, in the San Francisco Recorder’s office, as more particularly described as that portion of Main Street, located between Bryant Street and the Embarcadero, vacated per Ordinance 14-93 on January 11, 1993, on file with the San Francisco Bureau of Street Use and Mapping, in Book 10, on page 94. All streets and street lines described in the preceding sentence are in accordance with that certain map entitled SUR 790, and shown on page 318 of the City and County of San Francisco 100 Scale Ownership Maps, on file with the city’s Bureau of Street Use and Mapping.
consistent with the common law public trust, including, but not limited to, water-oriented retail, visitor-serving retail, restaurant establishments, and other similar retail uses.
Plan adopted by the Port pursuant to Resolution No.
SEC. 3.
Section 2 of Chapter 489 of the Statutes of 2001, as amended by Section 3 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 2.
The Legislature finds and declares all of the following:
or portions of the 100-foot shoreline band defined in subdivision (b) of Section 66610 of the Government Code located outside the boundaries of water-oriented priority land uses, the McAteer-Petris Act provides that BCDC may deny an application for a permit for a proposed project only on the grounds that the project fails to provide maximum feasible access to the bay and its shoreline, consistent with the proposed project. BCDC’s Bay Plan contains, among other things, BCDC’s policies to guide use and protection of all areas within BCDC’s jurisdiction and ensures that proposed projects minimize bay fill and provide maximum feasible public access to the bay and its shoreline.
and are subject to the public trust and the terms and conditions specified in the Burton Act.
1997 Waterfront Land Use Plan and BCDC’s adoption of the July 2000 amendments to the Special Area Plan, which are incorporated into and made a part of the Bay Plan, and collectively create consistent plans for the area of the San Francisco waterfront between Pier 35 and China Basin.
extent of maximum feasible public access to the bays and the waterfront, including perimeter access at the piers, a system of integrated public parks, promenades, a Bayside History Walk on most piers, and other significant access features on piers where appropriate.
improve public access and shoreline appearance and accommodate permissible water-oriented uses.
listed above, the right to repair or wholly reconstruct certain existing piers within the boundaries of the existing pier footprint for a use consistent with the public trust and the Burton Act trust without triggering
subdivision (a) or (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively.
in implementing the Waterfront
deteriorating conditions along the San Francisco waterfront. The Port estimates that it will cost over one billion five hundred million dollars ($1,500,000,000) to implement its capital plan, which substantially exceeds the projected revenues estimated by the Port to be available for these purposes.
connect to the elevated shoreline. The Port anticipates any plan to address sea level rise will also include necessary seismic improvements to stabilize the shoreline. The cost of developing and implementing the adaptation plan is expected to be in the billions of dollars, with the federal government providing up to 65 percent of the total cost. The Port anticipates that private investment will be critical to fund the local share of the cost to develop and implement the adaptation plan, in addition to federal, state, and local funding.
level rise is expensive, often requiring a combination of private and public investment. Local government trustees of public trust lands and resources within the San Francisco Bay face unique challenges in managing these lands in the face of the climate crisis and sea level rise in a manner consistent with their statutory trust grants and the public trust. The State Lands Commission and BCDC have a long history of coordination and collaboration to advance an understanding of sea level rise in the San Francisco Bay.
SEC. 4.
Section 4 of Chapter 489 of the Statutes of 2001, as amended by Section 5 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 4.
The Legislature further finds and declares that the following unique circumstances exist at Pier 30-32 on the San Francisco waterfront, and that therefore, this act sets no precedent for any other location or project in the state, including on the San Francisco waterfront or in San Francisco Bay:
to berth a variety of large vessels, including cruise ships and emergency response vessels, and benefits the environment because the bay floor within this location is a natural deepwater, self-scouring berth that does not require periodic dredging. The poor structural condition of Pier 30-32 limits its use to parking, limited events, and occasional, temporary use as a tertiary berth for cruise ships and other deep draft vessels. The pier has a limited remaining useful life. The Port estimates that the cost of removing the pier would exceed fifty-five million dollars ($55,000,000).
does not have adequate funding in its 10-year capital plan for either the costs to improve the pier to meet modern seismic safety standards or to remove the pier. The Port requires other funding sources, such as a private development partner, to remove, rehabilitate, or redevelop the facility.
The developer abandoned the project due in part to prohibitive development costs and the availability of a less costly parcel.
after the issuance of a certificate of occupancy for the major reuse of Pier 30-32 or a comparable major development.
the tidelands and surrounding water at this location through all of the following improvements:
for large vessels.
roadway and elimination of rail service to the piers.
bay.
protection for approximately one mile of the San Francisco waterfront from seismic, flood, and sea level rise risks through the year 2100.
described in Section 5 of this act, will reduce seismic, flood, and sea level rise risks that threaten life, safety, and the Port’s public trust assets, promote the public trust objectives of attracting people from around the state to use and enjoy the San Francisco waterfront and the bay and further maritime commerce, and is in the best interests of the state.
SEC. 5.
Section 5 of Chapter 489 of the Statutes of 2001, as amended by Section 6 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 5.
(a) The Legislature, in the exercise of its retained power as trustee of the public trust, and in view of the unique circumstances existing at Pier 30-32 on the San Francisco waterfront hereby authorizes the State Lands Commission to approve, as consistent with the public trust, a mixed-use development on the San Francisco waterfront at Pier 30-32 that includes general office use, if the State Lands Commission finds at a properly noticed public meeting that all of the following conditions are met:
such as viewing the bay, boating and fishing, and enhance public use of trust assets and resources on the waterfront.
open to the public year round, subject to reasonable limitations for temporary safety, security, and maritime-based activities, all of which shall be subject to Port approval:
terrace accessible to the general public.
of 220 feet for the first story and width of 400 feet for the second story, which width extends above the public-serving retail facility described in subparagraph (C) of paragraph (8).
of the existing Pier 30-32 substructure or structure.
facilities ancillary to the swimming pool available to the public for free or at reasonable cost.
pier deck designed to address future sea level rise.
otherwise consistent with the public trust.
SEC. 6.
Section 7 of Chapter 489 of the Statutes of 2001, as amended by Section 8 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 7.
(a) The Legislature finds and declares that subdivisions (a) and (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively, shall not apply to a mixed-use project on Pier 30-32 that the State Lands Commission finds consistent with the requirements of subdivision (a) of Section 5 of this act regardless of whether the mixed-use project retains any of the existing pier substructure or pier surface improvements and whether any or all of the pier substructure and pier surface improvements are wholly reconstructed or wholly replaced.
which findings and conditions shall be made independently from the findings made by the State Lands Commission pursuant to subdivision (a) of Section 5 of this act.
SEC. 7.
Section 12 of Chapter 489 of the Statutes of 2001 is amended to read:
Sec. 12.
The State Lands Commission and the city may modify any description and plat prepared and recorded pursuant to the Burton Act, as amended, and Section II of that certain agreement relating to the transfer of the Port of San Francisco from the state to the city and dated January 24, 1969, and to record the modified description and plat in the office of the recorder of the city.
SEC. 8.
Section 14 of Chapter 489 of the Statutes of 2001, as amended by Section 13 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 14.
(a) This act does not alter the obligations of the city or the Port under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including any obligation to consider alternatives to a project proposed for Pier 30-32 or Seawall Lot 330.
the commission determines that the changes are relevant to the findings of the commission pursuant to Section 5, then the mixed-use development project at Pier 30-32 shall be resubmitted to the commission for approval consistent with the requirements of subdivision (a) of Section 5 of this act.
SEC. 9.
The reasonable costs of any study or investigation undertaken by or at the direction of the State Lands Commission or its staff that is necessary to implement Chapter 489 of the Statutes of 2001, as amended, including reasonable reimbursement for time incurred by State Lands Commission staff in processing, investigating, and analyzing any information submitted pursuant to Chapter 489 of the Statutes of 2001, as amended, shall be borne by the Port or the city San Francisco Port Commission or the City and County of San Francisco according to a
budget to be agreed upon by State Lands Commission staff and the Port or the city, San Francisco Port Commission or the City and County of San Francisco, as applicable, before any such study or investigation is begun.
SEC. 10.
Subject to the availability of funding, the State Lands Commission and the San Francisco Bay Conservation and Development Commission, in consultation with the Natural Resources Agency, shall develop guiding principles, including responsible funding strategies, to address impacts of sea level rise on public trust lands, assets, and resources within the San Francisco Bay. The guiding principles shall build on and be consistent with current San Francisco Bay adaptation and management documents and principles, including the Bay Plan, the program Adapting to Rising Tides of the San Francisco Bay Conservation and
Development Commission, and the San Francisco Bay Conservation and Development Commission’s Bay Adapt initiative. The development of guiding principles shall include meaningful consultation and engagement with tribal governments, environmental justice communities, ports, harbors, local governments, private landowners, and members of the public on how best to prepare the waterfront from the impending threats from rising sea levels, and ensure that the guiding principles capture the diversity of the San Francisco Bay, from ports and harbors, to working waterfronts, to wetlands, dunes, and beaches.
SEC. 10.SEC. 11.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable only to the public trust lands described in this act.
lands, assets, and resources of the San Francisco Bay.
Amended IN Assembly September 01, 2023 |
Amended IN Assembly June 05, 2023 |
Amended IN Senate April 27, 2023 |
Amended IN Senate March 30, 2023 |
Amended IN Senate March 14, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
Introduced by Senator Wiener (Coauthors: Assembly Members Haney and Ting) |
January 31, 2023 |
LEGISLATIVE COUNSEL’S DIGEST
Tidelands and submerged lands: City and County of San Francisco: Piers 30-32: mixed-use development.
assembly, if the State Lands Commission finds, at a properly noticed public meeting, that specified conditions are met.
of sea level rise on public trust lands, assets, and resources within the San Francisco Bay, as provided.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Pier 30-32 Reconstruction Act.
SEC. 2.
Section 1 of Chapter 489 of the Statutes of 2001, as amended by Section 2 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 1.
For purposes of this chapter, the following terms have the following meanings:
Development Commission established pursuant to Section 66620 of the Government Code.
the state conveyed to the City and County of San Francisco, in trust, by transfer agreement, and subject to certain terms, conditions, and reservations, the state’s interest in certain tide and submerged lands.
navigable waters of the state, including the tidelands and submerged lands underlying those waters that are held in trust for the benefit of all the people of the state and for purposes that include maritime or water-dependent commerce, navigation, fisheries, the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
64.90 feet, to the westerly line of the Embarcadero; thence southerly and running along the westerly line of the Embarcadero, for a distance of 617.98 feet, to the northeasterly line of Beale Street; thence at a deflection angle of 131° 30’ 38” to the right and running along the northeasterly line of Beale Street, for a distance of 334.53 feet; thence at a right angle northeasterly, running parallel to Bryant Street, for a distance of 158.00 feet; thence at a right angle northwesterly, parallel to Beale Street, for a distance of 143.00 feet, to the true point of beginning, containing an area of 2.33 acres of land, more or less.
April 1975, adopted by BCDC, as subsequently amended from time to time.
transferred to the City and County of San Francisco pursuant to the Burton Act, as recorded May 14, 1969, in Book C 169 at pages 573 to 664, inclusive, in the San Francisco Recorder’s office, as more particularly described as that portion of Main Street, located between Bryant Street and the Embarcadero, vacated per Ordinance 14-93 on January 11, 1993, on file with the San Francisco Bureau of Street Use and Mapping, in Book 10, on page 94. All streets and street lines described in the preceding sentence are in accordance with that certain map entitled SUR 790, and shown on page 318 of the City and County of San Francisco 100 Scale Ownership Maps, on file with the
Plan adopted by the Port pursuant to Resolution No. 23-15, as amended from time to time.
SEC. 3.
Section 2 of Chapter 489 of the Statutes of 2001, as amended by Section 3 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 2.
The Legislature finds and declares all of the following:
McAteer-Petris Act, which grants BCDC regulatory authority over further filling in San Francisco Bay through exercise of its bay jurisdiction. Within any portion or portions of the 100-foot shoreline band defined in subdivision (b) of Section 66610 of the Government Code located outside the boundaries of water-oriented priority land uses, the McAteer-Petris Act provides that BCDC may deny an application for a permit for a proposed project only on the grounds that the project fails to provide maximum feasible access to the bay and its shoreline, consistent with the proposed project. BCDC’s Bay Plan contains, among other things, BCDC’s policies to guide use and protection of all areas within BCDC’s jurisdiction and ensures that proposed projects minimize bay fill and provide maximum feasible public access to the bay and its shoreline.
San Francisco General Plan and Planning Code.
Area Plan for the area between Pier 35 and China Basin provides, in part, for all of the following public benefits:
open water basins and areas through the removal of certain piers to uncover additional bay surface and the restriction of new bay fill in open water basins and areas to minor amounts needed to improve public access and shoreline appearance and accommodate permissible water-oriented uses.
preservation and improvement of existing views and creation of new views of the bay from the shoreline.
subdivision (a) or (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively.
in implementing the Waterfront Plan. Deferred maintenance on the Port’s historic piers and other structures, together with limitations on revenue generating opportunities, has limited the Port’s ability to improve the
deteriorating conditions along the San Francisco waterfront. The Port estimates that it will cost over one billion five hundred million dollars ($1,500,000,000) to implement its capital plan, which substantially exceeds the projected revenues estimated by the Port to be available for these purposes.
connect to the elevated shoreline. The Port anticipates any plan to address sea level rise will also include necessary seismic improvements to stabilize the shoreline. The cost of developing and implementing the adaptation plan is expected to be in the billions of dollars, with the federal government providing up to 65 percent of the total cost. The Port anticipates that private investment will be critical to fund the local share of the cost to develop and implement the adaptation plan, in addition to federal, state, and local funding.
combination of private and public investment. Local government trustees of public trust lands and resources within the San Francisco Bay face unique challenges in managing these lands in the face of the climate crisis and sea level rise in a manner consistent with their statutory trust grants and the public trust. The State Lands Commission and BCDC have a long history of coordination and collaboration to advance an understanding of sea level rise in the San Francisco Bay.
SEC. 4.
Section 4 of Chapter 489 of the Statutes of 2001, as amended by Section 5 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 4.
The Legislature further finds and declares that the following unique circumstances exist at Pier 30-32 on the San Francisco waterfront, and that therefore, this act sets no precedent for any other location or project in the state, including on the San Francisco waterfront or in San Francisco Bay:
to berth a variety of large vessels, including cruise ships and emergency response vessels, and benefits the environment because the bay floor within this location is a natural deepwater, self-scouring berth that does not require periodic dredging. The poor structural condition of Pier 30-32 limits its use to parking, limited events, and occasional, temporary use as a tertiary berth for cruise ships and other deep draft vessels. The pier has a limited remaining useful life. The Port estimates that the cost of removing the pier would exceed fifty-five million dollars ($55,000,000).
does not have adequate funding in its 10-year capital plan for either the costs to improve the pier to meet modern seismic safety standards or to remove the pier. The Port requires other funding sources, such as a private development partner, to remove, rehabilitate, or redevelop the facility.
The developer abandoned the project due in part to prohibitive development costs and the availability of a less costly parcel.
development earlier than required under the July 2000 amendments to the Special Area Plan. The Port removed approximately 175,000 square feet of pile-supported fill at Pier 36 and completed the Brannan Street Wharf, which opened to the public in 2013, at a cost of more than twenty-five million dollars ($25,000,000). The blighted condition of Pier 30-32 negatively impacts adjacent properties, including the Brannan Street Wharf.
than currently exists.
Building, the San Francisco Giants baseball stadium, and regional transit hubs, including the Transbay Transit Center, has views of the bay and the Bay Bridge, and is immediately adjacent to the Brannan Street Wharf, which provides a 58,700-square-foot pile-supported park over the bay.
(k)As part of the project, the Port and its selected developer propose to offer a range of equity-based programs for underserved communities throughout the bay area, including, among other things, learn-to-swim programs, water sports education and training, and programs providing direct access to the
bay.
(l)
(m)
development are intended to combine with the Port’s near-term resilience project to stabilize the waterfront from Pier 241/2 through Pier 281/2 and an adjacent public-private partnership to rehabilitate Piers 38 and 40, which are collectively designed to provide coordinated protection for approximately one mile of the San Francisco waterfront from seismic, flood, and sea level rise risks through the year 2100.
(n)
(o)
and retails uses, if designed in accordance with the conditions described in Section 5 of this act, will reduce seismic, flood, and sea level rise risks that threaten life, safety, and the Port’s public trust assets, promote the public trust objectives of attracting people from around the state to use and enjoy the San Francisco waterfront and the bay and further maritime commerce, and is in the best interests of the state.
SEC. 5.
Section 5 of Chapter 489 of the Statutes of 2001, as amended by Section 6 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 5.
(a) The Legislature, in the exercise of its retained power as trustee of the public trust, and in view of the unique circumstances existing at Pier 30-32 on the San Francisco waterfront hereby authorizes the State Lands Commission to approve, as consistent with the public trust, a mixed-use development on the San Francisco waterfront at Pier 30-32 that includes general office use, if the State Lands Commission finds at a properly noticed public meeting that all of the following conditions are met:
as viewing the bay, boating and fishing, and enhance public use of trust assets and resources on the waterfront.
public year round, subject to reasonable limitations for temporary safety, security, and maritime-based activities, all of which shall be subject to Port approval:
terrace accessible to the general public.
feet for the first story and width of 400 feet for the second story, which width extends above the public-serving retail facility described in subparagraph (C) of paragraph (8).
water, which open water may include buoys and other demarcation for open water swimming and human-powered watercraft, the floating pool facility described in subparagraph (A) of paragraph (8), habitat enhancement structures, and other structures not supported by piles.
retail facility with no less than 25,000 square feet of interior space that will include restrooms and water bottle filling stations available to the public at no cost, and frontage on and an entrance from the Embarcadero. The facility shall include trust retail uses, and may include specialty shops, food, or experiences that are of unique interest to waterfront visitors.
(9)
lease term.
(10)
manage stormwater runoff at the site to protect water quality.
(11)
(12)
(13)The project is in the best interests of the state.
of subdivision (a), including a list of tenants and subtenants.
lease.
SEC. 6.
Section 7 of Chapter 489 of the Statutes of 2001, as amended by Section 8 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 7.
(a) The Legislature finds and declares that subdivisions (a) and (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively, shall not apply to a mixed-use project on Pier 30-32 that the State Lands Commission finds consistent with the requirements of subdivision (a) of Section 5 of this act regardless of whether the mixed-use project retains any of the existing pier substructure or pier surface improvements and whether any or all of the pier substructure and pier surface improvements are wholly reconstructed or wholly replaced.
(b) of Section 5 of this act, and subdivision (a) of this section, nothing in this act limits the authority or discretion of BCDC to approve or deny permits for those aspects of a mixed-use development on Pier 30-32 in a manner otherwise consistent with the McAteer-Petris Act, the Bay Plan, and the Special Area Plan, including the authority and discretion of BCDC to impose terms and conditions on permits for the project. Except as provided in subdivision (b) of Section 5 of this act, and subdivision (a) of this section, the findings of the State Lands Commission pursuant to subdivision (a) of Section 5 of this act shall not be conclusive on BCDC in the exercise of its discretion to determine whether the project is consistent with the
McAteer-Petris Act, the policies of the Bay Plan, and the Special Area Plan, and to make findings and impose conditions regarding the project, which findings and conditions shall be made independently from the findings made by the State Lands Commission pursuant to subdivision (a) of Section 5 of this act.
SEC. 7.
Section 12 of Chapter 489 of the Statutes of 2001 is amended to read:
Sec. 12.
The State Lands Commission and the city may modify any description and plat prepared and recorded pursuant to the Burton Act, as amended, and Section II of that certain agreement relating to the transfer of the Port of San Francisco from the state to the city and dated January 24, 1969, and to record the modified description and plat in the office of the recorder of the city.
SEC. 8.
Section 14 of Chapter 489 of the Statutes of 2001, as amended by Section 13 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 14.
(a) This act does not alter the obligations of the city or the Port under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including any obligation to consider alternatives to a project proposed for Pier 30-32 or Seawall Lot 330.
the commission determines that the changes are relevant to the findings of the commission pursuant to Section 5, then the mixed-use development project at Pier 30-32 shall be resubmitted to the commission for approval consistent with the requirements of subdivision (a) of Section 5 of this act.
SEC. 9.
The reasonable costs of any study or investigation undertaken by or at the direction of the State Lands Commission or its staff that is necessary to implement Chapter 489 of the Statutes of 2001, as amended, including reasonable reimbursement for time incurred by State Lands Commission staff in processing, investigating, and analyzing any information submitted pursuant to Chapter 489 of the Statutes of 2001, as amended, shall be borne by the San Francisco Port Commission or the City and County of San Francisco according to a budget to be agreed upon by State Lands Commission staff and the San Francisco Port Commission or the City and County of San Francisco, as applicable, before any such study or investigation
is begun.
Subject to the availability of funding, the State Lands Commission and the San Francisco Bay Conservation and Development Commission, in consultation with the Natural Resources Agency, shall develop guiding principles, including responsible funding strategies, to address impacts of sea level rise on public trust lands, assets, and resources within the San Francisco Bay. The guiding principles shall build on and be consistent with current San Francisco Bay adaptation and management documents and principles, including the Bay Plan, the program Adapting to Rising Tides of the San Francisco
Bay Conservation and Development Commission, and the San Francisco Bay Conservation and Development Commission’s Bay Adapt initiative. The development of guiding principles shall include meaningful consultation and engagement with tribal governments, environmental justice communities, ports, harbors, local governments, private landowners, and members of the public on how best to prepare the waterfront from the impending threats from rising sea levels, and ensure that the guiding principles capture the diversity of the San Francisco Bay, from ports and harbors, to working waterfronts, to wetlands, dunes, and beaches.
SEC. 11.SEC. 10.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable only to the public trust lands, assets, and resources of the San Francisco Bay. lands described in this act.
Enrolled September 13, 2023 |
Passed IN Senate September 11, 2023 |
Passed IN Assembly September 07, 2023 |
Amended IN Assembly September 01, 2023 |
Amended IN Assembly June 05, 2023 |
Amended IN Senate April 27, 2023 |
Amended IN Senate March 30, 2023 |
Amended IN Senate March 14, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
Introduced by Senator Wiener (Coauthors: Assembly Members Haney and Ting) |
January 31, 2023 |
LEGISLATIVE COUNSEL’S DIGEST
Tidelands and submerged lands: City and County of San Francisco: Piers 30-32: mixed-use development.
assembly, if the State Lands Commission finds, at a properly noticed public meeting, that specified conditions are met.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Pier 30-32 Reconstruction Act.
SEC. 2.
Section 1 of Chapter 489 of the Statutes of 2001, as amended by Section 2 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 1.
For purposes of this chapter, the following terms have the following meanings:
Development Commission established pursuant to Section 66620 of the Government Code.
the state conveyed to the City and County of San Francisco, in trust, by transfer agreement, and subject to certain terms, conditions, and reservations, the state’s interest in certain tide and submerged lands.
navigable waters of the state, including the tidelands and submerged lands underlying those waters that are held in trust for the benefit of all the people of the state and for purposes that include maritime or water-dependent commerce, navigation, fisheries, the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
64.90 feet, to the westerly line of the Embarcadero; thence southerly and running along the westerly line of the Embarcadero, for a distance of 617.98 feet, to the northeasterly line of Beale Street; thence at a deflection angle of 131° 30’ 38” to the right and running along the northeasterly line of Beale Street, for a distance of 334.53 feet; thence at a right angle northeasterly, running parallel to Bryant Street, for a distance of 158.00 feet; thence at a right angle northwesterly, parallel to Beale Street, for a distance of 143.00 feet, to the true point of beginning, containing an area of 2.33 acres of land, more or less.
April 1975, adopted by BCDC, as subsequently amended from time to time.
transferred to the City and County of San Francisco pursuant to the Burton Act, as recorded May 14, 1969, in Book C 169 at pages 573 to 664, inclusive, in the San Francisco Recorder’s office, as more particularly described as that portion of Main Street, located between Bryant Street and the Embarcadero, vacated per Ordinance 14-93 on January 11, 1993, on file with the San Francisco Bureau of Street Use and Mapping, in Book 10, on page 94. All streets and street lines described in the preceding sentence are in accordance with that certain map entitled SUR 790, and shown on page 318 of the City and County of San Francisco 100 Scale Ownership Maps, on file with the San Francisco Bureau of Street Use and Mapping.
Plan adopted by the Port pursuant to Resolution No. 23-15, as amended from time to time.
SEC. 3.
Section 2 of Chapter 489 of the Statutes of 2001, as amended by Section 3 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 2.
The Legislature finds and declares all of the following:
McAteer-Petris Act, which grants BCDC regulatory authority over further filling in San Francisco Bay through exercise of its bay jurisdiction. Within any portion or portions of the 100-foot shoreline band defined in subdivision (b) of Section 66610 of the Government Code located outside the boundaries of water-oriented priority land uses, the McAteer-Petris Act provides that BCDC may deny an application for a permit for a proposed project only on the grounds that the project fails to provide maximum feasible access to the bay and its shoreline, consistent with the proposed project. BCDC’s Bay Plan contains, among other things, BCDC’s policies to guide use and protection of all areas within BCDC’s jurisdiction and ensures that proposed projects minimize bay fill and provide maximum feasible public access to the bay and its shoreline.
San Francisco General Plan and Planning Code.
Area Plan for the area between Pier 35 and China Basin provides, in part, for all of the following public benefits:
open water basins and areas through the removal of certain piers to uncover additional bay surface and the restriction of new bay fill in open water basins and areas to minor amounts needed to improve public access and shoreline appearance and accommodate permissible water-oriented uses.
preservation and improvement of existing views and creation of new views of the bay from the shoreline.
subdivision (a) or (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively.
in implementing the Waterfront Plan. Deferred maintenance on the Port’s historic piers and other structures, together with limitations on revenue generating opportunities, has limited the Port’s ability to improve the
deteriorating conditions along the San Francisco waterfront. The Port estimates that it will cost over one billion five hundred million dollars ($1,500,000,000) to implement its capital plan, which substantially exceeds the projected revenues estimated by the Port to be available for these purposes.
connect to the elevated shoreline. The Port anticipates any plan to address sea level rise will also include necessary seismic improvements to stabilize the shoreline. The cost of developing and implementing the adaptation plan is expected to be in the billions of dollars, with the federal government providing up to 65 percent of the total cost. The Port anticipates that private investment will be critical to fund the local share of the cost to develop and implement the adaptation plan, in addition to federal, state, and local funding.
combination of private and public investment. Local government trustees of public trust lands and resources within the San Francisco Bay face unique challenges in managing these lands in the face of the climate crisis and sea level rise in a manner consistent with their statutory trust grants and the public trust. The State Lands Commission and BCDC have a long history of coordination and collaboration to advance an understanding of sea level rise in the San Francisco Bay.
SEC. 4.
Section 4 of Chapter 489 of the Statutes of 2001, as amended by Section 5 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 4.
The Legislature further finds and declares that the following unique circumstances exist at Pier 30-32 on the San Francisco waterfront, and that therefore, this act sets no precedent for any other location or project in the state, including on the San Francisco waterfront or in San Francisco Bay:
to berth a variety of large vessels, including cruise ships and emergency response vessels, and benefits the environment because the bay floor within this location is a natural deepwater, self-scouring berth that does not require periodic dredging. The poor structural condition of Pier 30-32 limits its use to parking, limited events, and occasional, temporary use as a tertiary berth for cruise ships and other deep draft vessels. The pier has a limited remaining useful life. The Port estimates that the cost of removing the pier would exceed fifty-five million dollars ($55,000,000).
does not have adequate funding in its 10-year capital plan for either the costs to improve the pier to meet modern seismic safety standards or to remove the pier. The Port requires other funding sources, such as a private development partner, to remove, rehabilitate, or redevelop the facility.
The developer abandoned the project due in part to prohibitive development costs and the availability of a less costly parcel.
development earlier than required under the July 2000 amendments to the Special Area Plan. The Port removed approximately 175,000 square feet of pile-supported fill at Pier 36 and completed the Brannan Street Wharf, which opened to the public in 2013, at a cost of more than twenty-five million dollars ($25,000,000). The blighted condition of Pier 30-32 negatively impacts adjacent properties, including the Brannan Street Wharf.
than currently exists.
Building, the San Francisco Giants baseball stadium, and regional transit hubs, including the Transbay Transit Center, has views of the bay and the Bay Bridge, and is immediately adjacent to the Brannan Street Wharf, which provides a 58,700-square-foot pile-supported park over the bay.
development are intended to combine with the Port’s near-term resilience project to stabilize the waterfront from Pier 241/2 through Pier 281/2 and an adjacent public-private partnership to rehabilitate Piers 38 and 40, which are collectively designed to provide coordinated protection for approximately one mile of the San Francisco waterfront from seismic, flood, and sea level rise risks through the year 2100.
and retails uses, if designed in accordance with the conditions described in Section 5 of this act, will reduce seismic, flood, and sea level rise risks that threaten life, safety, and the Port’s public trust assets, promote the public trust objectives of attracting people from around the state to use and enjoy the San Francisco waterfront and the bay and further maritime commerce, and is in the best interests of the state.
SEC. 5.
Section 5 of Chapter 489 of the Statutes of 2001, as amended by Section 6 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 5.
(a) The Legislature, in the exercise of its retained power as trustee of the public trust, and in view of the unique circumstances existing at Pier 30-32 on the San Francisco waterfront hereby authorizes the State Lands Commission to approve, as consistent with the public trust, a mixed-use development on the San Francisco waterfront at Pier 30-32 that includes general office use, if the State Lands Commission finds at a properly noticed public meeting that all of the following conditions are met:
as viewing the bay, boating and fishing, and enhance public use of trust assets and resources on the waterfront.
public year round, subject to reasonable limitations for temporary safety, security, and maritime-based activities, all of which shall be subject to Port approval:
terrace accessible to the general public.
feet for the first story and width of 400 feet for the second story, which width extends above the public-serving retail facility described in subparagraph (C) of paragraph (8).
water, which open water may include buoys and other demarcation for open water swimming and human-powered watercraft, the floating pool facility described in subparagraph (A) of paragraph (8), habitat enhancement structures, and other structures not supported by piles.
retail facility with no less than 25,000 square feet of interior space that will include restrooms and water bottle filling stations available to the public at no cost, and frontage on and an entrance from the Embarcadero. The facility shall include trust retail uses, and may include specialty shops, food, or experiences that are of unique interest to waterfront visitors.
lease term.
manage stormwater runoff at the site to protect water quality.
of subdivision (a), including a list of tenants and subtenants.
lease.
SEC. 6.
Section 7 of Chapter 489 of the Statutes of 2001, as amended by Section 8 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 7.
(a) The Legislature finds and declares that subdivisions (a) and (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively, shall not apply to a mixed-use project on Pier 30-32 that the State Lands Commission finds consistent with the requirements of subdivision (a) of Section 5 of this act regardless of whether the mixed-use project retains any of the existing pier substructure or pier surface improvements and whether any or all of the pier substructure and pier surface improvements are wholly reconstructed or wholly replaced.
(b) of Section 5 of this act, and subdivision (a) of this section, nothing in this act limits the authority or discretion of BCDC to approve or deny permits for those aspects of a mixed-use development on Pier 30-32 in a manner otherwise consistent with the McAteer-Petris Act, the Bay Plan, and the Special Area Plan, including the authority and discretion of BCDC to impose terms and conditions on permits for the project. Except as provided in subdivision (b) of Section 5 of this act, and subdivision (a) of this section, the findings of the State Lands Commission pursuant to subdivision (a) of Section 5 of this act shall not be conclusive on BCDC in the exercise of its discretion to determine whether the project is consistent with the
McAteer-Petris Act, the policies of the Bay Plan, and the Special Area Plan, and to make findings and impose conditions regarding the project, which findings and conditions shall be made independently from the findings made by the State Lands Commission pursuant to subdivision (a) of Section 5 of this act.
SEC. 7.
Section 12 of Chapter 489 of the Statutes of 2001 is amended to read:
Sec. 12.
The State Lands Commission and the city may modify any description and plat prepared and recorded pursuant to the Burton Act, as amended, and Section II of that certain agreement relating to the transfer of the Port of San Francisco from the state to the city and dated January 24, 1969, and to record the modified description and plat in the office of the recorder of the city.
SEC. 8.
Section 14 of Chapter 489 of the Statutes of 2001, as amended by Section 13 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 14.
(a) This act does not alter the obligations of the city or the Port under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including any obligation to consider alternatives to a project proposed for Pier 30-32 or Seawall Lot 330.
the commission determines that the changes are relevant to the findings of the commission pursuant to Section 5, then the mixed-use development project at Pier 30-32 shall be resubmitted to the commission for approval consistent with the requirements of subdivision (a) of Section 5 of this act.
SEC. 9.
The reasonable costs of any study or investigation undertaken by or at the direction of the State Lands Commission or its staff that is necessary to implement Chapter 489 of the Statutes of 2001, as amended, including reasonable reimbursement for time incurred by State Lands Commission staff in processing, investigating, and analyzing any information submitted pursuant to Chapter 489 of the Statutes of 2001, as amended, shall be borne by the San Francisco Port Commission or the City and County of San Francisco according to a budget to be agreed upon by State Lands Commission staff and the San Francisco Port Commission or the City and County of San Francisco, as applicable, before any such study or investigation
is begun.
SEC. 10.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable only to the public trust lands described in this act.
Senate Bill
No. 273
CHAPTER 385
[
Approved by
Governor
October 07, 2023.
Filed with
Secretary of State
October 07, 2023.
]
LEGISLATIVE COUNSEL’S DIGEST
Tidelands and submerged lands: City and County of San Francisco: Piers 30-32: mixed-use development.
assembly, if the State Lands Commission finds, at a properly noticed public meeting, that specified conditions are met.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Pier 30-32 Reconstruction Act.
SEC. 2.
Section 1 of Chapter 489 of the Statutes of 2001, as amended by Section 2 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 1.
For purposes of this chapter, the following terms have the following meanings:
Development Commission established pursuant to Section 66620 of the Government Code.
the state conveyed to the City and County of San Francisco, in trust, by transfer agreement, and subject to certain terms, conditions, and reservations, the state’s interest in certain tide and submerged lands.
navigable waters of the state, including the tidelands and submerged lands underlying those waters that are held in trust for the benefit of all the people of the state and for purposes that include maritime or water-dependent commerce, navigation, fisheries, the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
64.90 feet, to the westerly line of the Embarcadero; thence southerly and running along the westerly line of the Embarcadero, for a distance of 617.98 feet, to the northeasterly line of Beale Street; thence at a deflection angle of 131° 30’ 38” to the right and running along the northeasterly line of Beale Street, for a distance of 334.53 feet; thence at a right angle northeasterly, running parallel to Bryant Street, for a distance of 158.00 feet; thence at a right angle northwesterly, parallel to Beale Street, for a distance of 143.00 feet, to the true point of beginning, containing an area of 2.33 acres of land, more or less.
April 1975, adopted by BCDC, as subsequently amended from time to time.
transferred to the City and County of San Francisco pursuant to the Burton Act, as recorded May 14, 1969, in Book C 169 at pages 573 to 664, inclusive, in the San Francisco Recorder’s office, as more particularly described as that portion of Main Street, located between Bryant Street and the Embarcadero, vacated per Ordinance 14-93 on January 11, 1993, on file with the San Francisco Bureau of Street Use and Mapping, in Book 10, on page 94. All streets and street lines described in the preceding sentence are in accordance with that certain map entitled SUR 790, and shown on page 318 of the City and County of San Francisco 100 Scale Ownership Maps, on file with the San Francisco Bureau of Street Use and Mapping.
Plan adopted by the Port pursuant to Resolution No. 23-15, as amended from time to time.
SEC. 3.
Section 2 of Chapter 489 of the Statutes of 2001, as amended by Section 3 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 2.
The Legislature finds and declares all of the following:
McAteer-Petris Act, which grants BCDC regulatory authority over further filling in San Francisco Bay through exercise of its bay jurisdiction. Within any portion or portions of the 100-foot shoreline band defined in subdivision (b) of Section 66610 of the Government Code located outside the boundaries of water-oriented priority land uses, the McAteer-Petris Act provides that BCDC may deny an application for a permit for a proposed project only on the grounds that the project fails to provide maximum feasible access to the bay and its shoreline, consistent with the proposed project. BCDC’s Bay Plan contains, among other things, BCDC’s policies to guide use and protection of all areas within BCDC’s jurisdiction and ensures that proposed projects minimize bay fill and provide maximum feasible public access to the bay and its shoreline.
San Francisco General Plan and Planning Code.
Area Plan for the area between Pier 35 and China Basin provides, in part, for all of the following public benefits:
open water basins and areas through the removal of certain piers to uncover additional bay surface and the restriction of new bay fill in open water basins and areas to minor amounts needed to improve public access and shoreline appearance and accommodate permissible water-oriented uses.
preservation and improvement of existing views and creation of new views of the bay from the shoreline.
subdivision (a) or (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively.
in implementing the Waterfront Plan. Deferred maintenance on the Port’s historic piers and other structures, together with limitations on revenue generating opportunities, has limited the Port’s ability to improve the
deteriorating conditions along the San Francisco waterfront. The Port estimates that it will cost over one billion five hundred million dollars ($1,500,000,000) to implement its capital plan, which substantially exceeds the projected revenues estimated by the Port to be available for these purposes.
connect to the elevated shoreline. The Port anticipates any plan to address sea level rise will also include necessary seismic improvements to stabilize the shoreline. The cost of developing and implementing the adaptation plan is expected to be in the billions of dollars, with the federal government providing up to 65 percent of the total cost. The Port anticipates that private investment will be critical to fund the local share of the cost to develop and implement the adaptation plan, in addition to federal, state, and local funding.
combination of private and public investment. Local government trustees of public trust lands and resources within the San Francisco Bay face unique challenges in managing these lands in the face of the climate crisis and sea level rise in a manner consistent with their statutory trust grants and the public trust. The State Lands Commission and BCDC have a long history of coordination and collaboration to advance an understanding of sea level rise in the San Francisco Bay.
SEC. 4.
Section 4 of Chapter 489 of the Statutes of 2001, as amended by Section 5 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 4.
The Legislature further finds and declares that the following unique circumstances exist at Pier 30-32 on the San Francisco waterfront, and that therefore, this act sets no precedent for any other location or project in the state, including on the San Francisco waterfront or in San Francisco Bay:
to berth a variety of large vessels, including cruise ships and emergency response vessels, and benefits the environment because the bay floor within this location is a natural deepwater, self-scouring berth that does not require periodic dredging. The poor structural condition of Pier 30-32 limits its use to parking, limited events, and occasional, temporary use as a tertiary berth for cruise ships and other deep draft vessels. The pier has a limited remaining useful life. The Port estimates that the cost of removing the pier would exceed fifty-five million dollars ($55,000,000).
does not have adequate funding in its 10-year capital plan for either the costs to improve the pier to meet modern seismic safety standards or to remove the pier. The Port requires other funding sources, such as a private development partner, to remove, rehabilitate, or redevelop the facility.
The developer abandoned the project due in part to prohibitive development costs and the availability of a less costly parcel.
development earlier than required under the July 2000 amendments to the Special Area Plan. The Port removed approximately 175,000 square feet of pile-supported fill at Pier 36 and completed the Brannan Street Wharf, which opened to the public in 2013, at a cost of more than twenty-five million dollars ($25,000,000). The blighted condition of Pier 30-32 negatively impacts adjacent properties, including the Brannan Street Wharf.
than currently exists.
Building, the San Francisco Giants baseball stadium, and regional transit hubs, including the Transbay Transit Center, has views of the bay and the Bay Bridge, and is immediately adjacent to the Brannan Street Wharf, which provides a 58,700-square-foot pile-supported park over the bay.
development are intended to combine with the Port’s near-term resilience project to stabilize the waterfront from Pier 241/2 through Pier 281/2 and an adjacent public-private partnership to rehabilitate Piers 38 and 40, which are collectively designed to provide coordinated protection for approximately one mile of the San Francisco waterfront from seismic, flood, and sea level rise risks through the year 2100.
and retails uses, if designed in accordance with the conditions described in Section 5 of this act, will reduce seismic, flood, and sea level rise risks that threaten life, safety, and the Port’s public trust assets, promote the public trust objectives of attracting people from around the state to use and enjoy the San Francisco waterfront and the bay and further maritime commerce, and is in the best interests of the state.
SEC. 5.
Section 5 of Chapter 489 of the Statutes of 2001, as amended by Section 6 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 5.
(a) The Legislature, in the exercise of its retained power as trustee of the public trust, and in view of the unique circumstances existing at Pier 30-32 on the San Francisco waterfront hereby authorizes the State Lands Commission to approve, as consistent with the public trust, a mixed-use development on the San Francisco waterfront at Pier 30-32 that includes general office use, if the State Lands Commission finds at a properly noticed public meeting that all of the following conditions are met:
as viewing the bay, boating and fishing, and enhance public use of trust assets and resources on the waterfront.
public year round, subject to reasonable limitations for temporary safety, security, and maritime-based activities, all of which shall be subject to Port approval:
terrace accessible to the general public.
feet for the first story and width of 400 feet for the second story, which width extends above the public-serving retail facility described in subparagraph (C) of paragraph (8).
water, which open water may include buoys and other demarcation for open water swimming and human-powered watercraft, the floating pool facility described in subparagraph (A) of paragraph (8), habitat enhancement structures, and other structures not supported by piles.
retail facility with no less than 25,000 square feet of interior space that will include restrooms and water bottle filling stations available to the public at no cost, and frontage on and an entrance from the Embarcadero. The facility shall include trust retail uses, and may include specialty shops, food, or experiences that are of unique interest to waterfront visitors.
lease term.
manage stormwater runoff at the site to protect water quality.
of subdivision (a), including a list of tenants and subtenants.
lease.
SEC. 6.
Section 7 of Chapter 489 of the Statutes of 2001, as amended by Section 8 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 7.
(a) The Legislature finds and declares that subdivisions (a) and (b) of Section 66605 of the Government Code concerning the water-oriented use criterion and no alternative upland location criterion, respectively, shall not apply to a mixed-use project on Pier 30-32 that the State Lands Commission finds consistent with the requirements of subdivision (a) of Section 5 of this act regardless of whether the mixed-use project retains any of the existing pier substructure or pier surface improvements and whether any or all of the pier substructure and pier surface improvements are wholly reconstructed or wholly replaced.
(b) of Section 5 of this act, and subdivision (a) of this section, nothing in this act limits the authority or discretion of BCDC to approve or deny permits for those aspects of a mixed-use development on Pier 30-32 in a manner otherwise consistent with the McAteer-Petris Act, the Bay Plan, and the Special Area Plan, including the authority and discretion of BCDC to impose terms and conditions on permits for the project. Except as provided in subdivision (b) of Section 5 of this act, and subdivision (a) of this section, the findings of the State Lands Commission pursuant to subdivision (a) of Section 5 of this act shall not be conclusive on BCDC in the exercise of its discretion to determine whether the project is consistent with the
McAteer-Petris Act, the policies of the Bay Plan, and the Special Area Plan, and to make findings and impose conditions regarding the project, which findings and conditions shall be made independently from the findings made by the State Lands Commission pursuant to subdivision (a) of Section 5 of this act.
SEC. 7.
Section 12 of Chapter 489 of the Statutes of 2001 is amended to read:
Sec. 12.
The State Lands Commission and the city may modify any description and plat prepared and recorded pursuant to the Burton Act, as amended, and Section II of that certain agreement relating to the transfer of the Port of San Francisco from the state to the city and dated January 24, 1969, and to record the modified description and plat in the office of the recorder of the city.
SEC. 8.
Section 14 of Chapter 489 of the Statutes of 2001, as amended by Section 13 of Chapter 381 of the Statutes of 2013, is amended to read:
Sec. 14.
(a) This act does not alter the obligations of the city or the Port under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including any obligation to consider alternatives to a project proposed for Pier 30-32 or Seawall Lot 330.
the commission determines that the changes are relevant to the findings of the commission pursuant to Section 5, then the mixed-use development project at Pier 30-32 shall be resubmitted to the commission for approval consistent with the requirements of subdivision (a) of Section 5 of this act.
SEC. 9.
The reasonable costs of any study or investigation undertaken by or at the direction of the State Lands Commission or its staff that is necessary to implement Chapter 489 of the Statutes of 2001, as amended, including reasonable reimbursement for time incurred by State Lands Commission staff in processing, investigating, and analyzing any information submitted pursuant to Chapter 489 of the Statutes of 2001, as amended, shall be borne by the San Francisco Port Commission or the City and County of San Francisco according to a budget to be agreed upon by State Lands Commission staff and the San Francisco Port Commission or the City and County of San Francisco, as applicable, before any such study or investigation
is begun.
SEC. 10.
The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable only to the public trust lands described in this act.