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:(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).