AB 1423: Tidelands and submerged lands: City and County of San Francisco: seawall lots: affordable housing.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-19
Existing law grants to the City and County of San Francisco the right, title, and interest of the State of California in and to certain tidelands and submerged lands in trust for certain purposes. Under existing law, the Burton Act and the Burton Act transfer agreement, the interest of the state in and to the Harbor of San Francisco was transferred in trust to the City and County of San Francisco. The State Lands Commission has jurisdiction over tidelands and submerged lands of the state.
Existing law, upon the State Lands Commission making specified findings, declares that certain seawall lots are free from the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement, including seawall lot 322-1, and authorizes the port to lease these lots, subject to certain requirements and conditions.
Existing law authorizes the port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the port below fair market value, if the commission finds, among other things, that the nontrust lease is for affordable housing. Existing law imposes certain requirements on the port with regard to the construction of affordable housing on seawall lot 322-1. Existing law, for these purposes, defines the term affordable housing to mean housing for very low, low-, or moderate-income households, as defined.
This bill would revise the definition of affordable housing to mean, specifically for seawall lot 322-1, a structure that provides housing for persons and families of low or moderate income, as defined, persons and families from very low income households, as defined, or persons and families from extremely low income households, as defined. The bill would also specify that, specifically for seawall lot 3221-1, affordable housing may include other uses in the structure if those uses are incidental or ancillary to the primary purpose of providing affordable housing and are consistent with the public trust and the Burton Act trust, and if the port provides timely notification to the commission of those uses, except as specified.
Existing law grants to the City and County of San Francisco the right, title, and interest of the State of California in and to certain tidelands and submerged lands in trust for certain purposes. Under existing law, the Burton Act and the Burton Act transfer agreement, the interest of the state in and to the Harbor of San Francisco was transferred in trust to the City and County of San Francisco. The State Lands Commission has jurisdiction over tidelands and submerged lands of the state.
Existing law, upon the State Lands Commission making specified findings, declares that certain seawall lots are free from the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement, including seawall lot 322-1, and authorizes the port to lease these lots, subject to certain requirements and conditions.
Existing law authorizes the port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the port below fair market value, if the commission finds, among other things, that the nontrust lease is for affordable housing. Existing law imposes certain requirements on the port with regard to the construction of affordable housing on seawall lot 322-1. Existing law, for these purposes, defines the term affordable housing to mean housing for very low, low-, or moderate-income households, as defined.
This bill would revise the definition of affordable housing to mean, specifically for seawall lot 322-1, a structure that provides housing for persons and families of low or moderate income, as defined, persons and families from very low income households, as defined, or persons and families from extremely low income households, as defined. The bill would also specify that, specifically for seawall lot 3221-1, affordable housing may include other uses in the structure if those uses are incidental or ancillary to the primary purpose of providing affordable housing and are consistent with the public trust and the Burton Act trust, and if the port provides timely notification to the commission of those uses, except as specified.
Existing law grants to the City and County of San Francisco the right, title, and interest of the State of California in and to certain tidelands and submerged lands in trust for certain purposes. Under existing law, the Burton Act and the Burton Act transfer agreement, the interest of the state in and to the Harbor of San Francisco was transferred in trust to the City and County of San Francisco. The State Lands Commission has jurisdiction over tidelands and submerged lands of the state.
Existing law, upon the State Lands Commission making specified findings, declares that certain seawall lots are free from the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement, including seawall lot 322-1, and authorizes the port to lease these lots, subject to certain requirements and conditions.
Existing law authorizes the port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the port below fair market value, if the commission finds, among other things, that the nontrust lease is for affordable housing. Existing law imposes certain requirements on the port with regard to the construction of affordable housing on seawall lot 322-1. Existing law, for these purposes, defines the term affordable housing to mean housing for very low, low-, or moderate-income households, as defined.
This bill would revise the definition of affordable housing to mean a structure that provides housing for very low, low-, or moderate-income households, as defined, and mean, specifically for seawall lot 322-1 to include 322-1, a structure that provides housing for persons and families of low or moderate income, as defined, persons and families from very low income households, as defined, or persons and families from extremely low income households, as defined. The bill would also specify that that, specifically for seawall lot 3221-1, affordable housing may include other uses in the structure if those uses are incidental or ancillary to the primary purpose of providing affordable housing and are consistent with the public trust and the Burton Act trust, and if the port provides timely notification to the commission of those uses, except as specified.
Existing law grants to the City and County of San Francisco the right, title, and interest of the State of California in and to certain tidelands and submerged lands in trust for certain purposes. Under existing law, the Burton Act and the Burton Act transfer agreement, the interest of the state in and to the Harbor of San Francisco was transferred in trust to the City and County of San Francisco. The State Lands Commission has jurisdiction over tidelands and submerged lands of the state.
Existing law, upon the State Lands Commission making specified findings, declares that certain seawall lots are free from the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement, including seawall lot 322-1, and authorizes the port to lease these lots, subject to certain requirements and conditions.
Existing law authorizes the port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the port below fair market value, if the commission finds, among other things, that the nontrust lease is for affordable housing. Existing law imposes certain requirements on the port with regard to the construction of affordable housing on seawall lot 322-1. Existing law, for these purposes, defines the term affordable housing to mean housing for very low, low-, or moderate-income households, as defined.
This bill would revise the definition of affordable housing to mean a structure that provides housing for very low, low-, or moderate-income households, as defined, and specifically for seawall lot 322-1 to include housing for persons and families of low or moderate income, as defined, persons and families from very low income households, as defined, or persons and families from extremely low income households, as defined. The bill would also specify that affordable housing may include other uses in the structure if those uses are incidental or ancillary to the primary purpose of providing affordable housing and are consistent with the public trust and the Burton Act trust. trust, and if the port provides timely notification to the commission of those uses, except as specified.
Existing law grants to the City and County of San Francisco the right, title, and interest of the State of California in and to certain tidelands and submerged lands in trust for certain purposes. Under existing law, the Burton Act and the Burton Act transfer agreement, the interest of the state in and to the Harbor of San Francisco was transferred in trust to the City and County of San Francisco. The State Lands Commission has jurisdiction over tidelands and submerged lands of the state.
Existing law, upon the State Lands Commission making specified findings, declares that certain seawall lots are free from the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement, including seawall lot 322-1, and authorizes the port to lease these lots, subject to certain requirements and conditions.
Existing law authorizes the port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the port below fair market value, if the commission finds, among other things, that the nontrust lease is for affordable housing. Existing law imposes certain requirements on the port with regard to the construction of affordable housing on seawall lot 322-1. Existing law, for these purposes, defines the term affordable housing to mean housing for very low, low-, or moderate-income households, as defined.
This bill would revise the definition of affordable housing to mean a structure that provides housing for very low, low-, or moderate-income households, as defined, and specifically for seawall lot 322-1 to include housing for persons and families of low or moderate income, as defined, persons and families from very low income households, as defined, or persons and families from extremely low income households, as defined. The bill would also specify that affordable housing may include other uses in the structure if those uses are incidental or ancillary to the primary purpose of providing affordable housing and are consistent with the public trust and the Burton Act trust.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law requires the planning agency of a city or county, after the adoption of a general plan, to investigate and make recommendations to the legislative body of the city or county regarding reasonable and practical means for implementing the general plan or element of the general plan and to provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes, among other things, the status of the plan and progress in its implementation and the progress in meeting its share of regional housing needs, as specified, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, as specified. Existing law excludes a charter city from these investigation, recommendation, and report requirements.This bill would apply the above report requirement to charter cities. By increasing the duties of local officials, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. requires the planning agency of a city or county, after the adoption of a general plan, to investigate and make recommendations to the legislative body of the city or county regarding reasonable and practical means for implementing the general plan or element of the general plan and to provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes, among other things, the status of the plan and progress in its implementation and the progress in meeting its share of regional housing needs, as specified, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, as specified. Existing law excludes a charter city from these investigation, recommendation, and report requirements.
This bill would apply the above report requirement to charter cities. By increasing the duties of local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare the intent of the Legislature to enact legislation that would fund measures to provide for accessible housing-related data and would make legislative findings and declarations in support of that intent.The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing.
This bill would declare the intent of the Legislature to enact legislation that would fund measures to provide for accessible housing-related data and would make legislative findings and declarations in support of that intent.
For the purposes of this act the following terms have the following meanings:
(a)(1)Affordable housing means housing for very low, low-, or moderate-income households as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code.
(2)For seawall lot 322-1 only, the term affordable housing means a structure that provides housing for persons and families of low or moderate income as that term is defined in Section 50093 of the Health and Safety Code, housing for persons and families from very low income households as defined in Section 50105 of the Health and Safety Code, or persons and families from extremely low income households as defined in Section 50106 of the Health and Safety Code.
(3)For seawall lot 322-1 only, the term affordable housing may include other uses in the structure, provided that both of the following apply:
(A)Those uses are incidental or ancillary to the primary purpose of providing housing for persons and families of low or moderate income, or are consistent with the public trust and the Burton Act trust.
(B)The port provides timely notification to the commission of those uses other than a childcare facility or a restaurant.
(b)Burton Act means Chapter 1333 of the Statutes of 1968, as amended.
(c)Burton Act transfer agreement means that certain agreement dated January 24, 1969, between the state and the city, relating to the transfer of the Port of San Francisco from the state to the city, and any amendments to that agreement in accordance with its terms.
(d)Burton Act trust means the statutory trust imposed by the Burton Act, by which the state conveyed to the city, in trust and subject to certain terms, conditions, and reservations, the states interest in certain tidelands, including filled lands, and lands dedicated or acquired by the city as assets of the trust.
(e)Chapter 660 means Chapter 660 of the Statutes of 2007, as amended.
(f)City means the City and County of San Francisco, a charter city and county, and includes the port.
(g)Commission means the State Lands Commission.
(h)Designated seawall lot or designated seawall lots means any or all of the parcels of real property situated in the city and commonly known as seawall lots 328, 330, 337, 347S, and 322-1, including a portion of Mission Rock Street, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 of this act and is on file with the commission and the port.
(i)Historic pier means any pier, marginal wharf, pier shed, bulkhead building, and any other building or structure in the San Francisco waterfront between and including Pier 48 and Pier 45 that has been included in the Port of San Francisco Embarcadero Historic District and that is either individually listed or eligible for listing on the National Register of Historic Places or has been designated as, or meets the standards for, resources contributing to the historic significance of the Port of San Francisco Embarcadero Historic District under federal law.
(j)Historic structure means any building, structure, or other facility, including a historic pier, 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 a nationally registered historic district, the proposed Pier 70 Historic District, or a district eligible for listing as a historic district under federal law.
(k)Lease means a ground lease or space lease of real property, license agreement for use of real property, temporary easement, right-of-way agreement, development agreement, or any other agreement granting to any person any right to use, occupy, or improve real property under the jurisdiction of the port.
(l)Nontrust lease means a lease of all or any portion of the designated seawall lots free from the use requirements established by the public trust, the Burton Act trust, and the Burton Act transfer agreement.
(m)Person means an individual, corporation, limited liability company, partnership, joint venture, business entity, business trust, association or other private organization or private entity, or any governmental entity or agency.
(n)Pier 70 area means the Pier 70 area as defined in subdivision (s) of Section 1 of Chapter 477 of the Statutes of 2011.
(o)Port of San Francisco or port means the city acting by and through the San Francisco Port Commission.
(p)Preservation means the rehabilitation, restoration, or preservation of historic piers or other historic structures in accordance with the Secretary of Interiors Standards for the Treatment of Historic Properties. Preservation includes seismic retrofitting, substructure repair, and other structural and life-safety improvements, provided that the improvement is necessary for, and in furtherance of, the preservation of historic piers or other historic structures.
(q)Public trust or trust means the common law public trust for commerce, navigation, and fisheries.
(r)Seawall lot 322-1 means that parcel of real property situated in the city commonly known as seawall lot 322-1, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 and is on file with the commission and the port.
(s)Seawall lot 337 means that parcel of real property situated in the city commonly known as seawall lot 337, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 of this act and is on file with the commission and the port.
(t)Tidelands means the lands lying below the elevation of ordinary high water, whether filled or unfilled, and includes submerged lands.
(u)Transferable development rights means transferable development rights as that term is defined in the citys planning code, as may be amended from time to time.
SEC. 2.Section 2 of Chapter 757 of the Statutes of 2012 is amended to read:SEC. 2.The Legislature finds and declares all of the following:
(a)The San Francisco waterfront is a valuable public trust asset of the state that provides special maritime, navigational, recreational, cultural, and historical benefits to the people of the region and the state.
(b)The lands comprising the San Francisco waterfront consist primarily of sovereign tidelands granted to the city by the state pursuant to the Burton Act. Under the citys charter, the granted lands are held and managed by the port. The Burton Act authorizes the port to use, conduct, operate, maintain, manage, regulate, improve, and control the San Francisco waterfront consistent with the public trust and the Burton Act trust.
(c)A unique attribute of the port is the numerous historic maritime resources present on port property, many of which are in need of major structural repairs and are not currently available for the use and enjoyment of the public. The Legislature has previously found that rectifying the deteriorating conditions along the San Francisco waterfront, the preservation of the numerous historic piers and other historic structures on port land, and the construction of waterfront plazas and open space, are matters of statewide importance that will further the purposes of the public trust and the Burton Act trust. The Legislature has also found that revitalization of the Pier 70 area and the restoration of its unique collection of historic maritime industrial buildings is of particular importance. As the port strives to make productive use of the Pier 70 area and other lands under its jurisdiction, it faces numerous obstacles related to the high costs of waterfront development, including costs associated with seismic safety improvements, historic rehabilitation, hazardous materials remediation, and providing public access to the waterfront. The success of the ports efforts to revitalize the waterfront depends in part on strategies for increasing revenues from port lands and for reducing the costs of beneficial development projects.
(d)The seawall lots are tidelands that were filled and cut off from the waterfront by the construction of the great seawall (now occupied by the Embarcadero roadway) in the late 19th and early 20th centuries. Over time, certain of the seawall lots or portions thereof, including the designated seawall lots, have ceased to be useful for the promotion of the public trust and the Burton Act trust, except for the production of revenue to support the purposes of the Burton Act trust. The designated seawall lots are presently either vacant or leased on an interim basis, primarily for commuter parking.
(e)The Legislature, in Chapter 660, found that most of the designated seawall lots are no longer necessary for the purposes of the public trust or Burton Act trust. The Legislature also found that future revenues from the development and leasing of the designated seawall lots are an essential source of funds to preserve the ports numerous historic piers and historic structures, construct and maintain waterfront plazas and open space, and improve public access to the waterfront. Chapter 660 lifted the use restrictions of the public trust and Burton Act trust from those designated seawall lots and authorized the port to enter into nontrust leases of the lands, subject to certain conditions, and subject to the requirement that the lease revenues be used for specified trust purposes.
(f)Seawall lot 322-1 is presently used for surface parking primarily serving commuters. The lot was not included in Chapter 660, but like the other designated seawall lots, seawall lot 322-1 was filled and reclaimed as part of a highly beneficial plan of harbor development, has ceased to be tidelands, is cut off from the water, constitutes a relatively small portion of the tidelands granted to the city, is not currently being used, and is not anticipated in the foreseeable future to be used, for public trust or Burton Act trust purposes. It is the intent of the Legislature that, conditioned on the approval by the commission, seawall lot 322-1 be freed of the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement in the same manner and subject to the same requirements as the designated seawall lots under Chapter 660, subject to the additional provisions of this act.
(g)The lack of affordable housing is a critical problem that threatens the economic, environmental, and social quality of life in California, and is a matter of statewide concern. The Legislature has previously found that attainment of the states housing goals requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. The Legislature has also found that the provision of housing affordable to low- and moderate-income households requires the cooperation of all levels of government, and that local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provisions for the housing needs of all economic segments of the community. The Legislature has also recognized that local jurisdictions should encourage, to the maximum extent practicable, infilling existing urban areas.
(h)Some of the ports designated seawall lots, including seawall lot 322-1 and portions of seawall lot 337, are well-suited to support infill affordable housing development. Development of affordable housing typically requires a ground lease at rents that are below market. However, Chapter 660 requires the port to receive fair market value for nontrust leases of designated seawall lots.
(i)The city has implemented a number of local programs designed to encourage the development of affordable housing, including programs that impose fees, exactions, or other obligations on new development. For example, the citys jobs-housing linkage program imposes fees on most types of commercial development to offset the demand for affordable housing generated by new employment.
(j)Private commercial development on port property is subject to the citys jobs-housing linkage program fees. These fees increase the already high costs associated with development and revitalization of port property. The project development costs for port property would be reduced if the jobs-housing linkage fees that would otherwise be imposed on development projects on port property could be reduced or waived in exchange for an equivalent amount of rent credits or similar incentives provided by the port to encourage affordable housing development on other port property.
(k)A purpose of this act is to reduce the costs associated with development that will revitalize the waterfront, facilitate the preservation of historic piers and structures, and benefit the public trust, while also encouraging affordable housing development on port lands no longer needed for trust purposes, by authorizing the port, subject to commission approval, to grant rent credits or similar incentives for affordable housing development on seawall lot 322-1 and portions of seawall lot 337, provided the port can apply those credits to reduce the affordable housing fees or other obligations imposed on development within the Pier 70 area or on seawall lot 337, and subject to the conditions set forth in this act.
(l)Seawall lot 322-1 is located in the citys Northeast Waterfront Historic District. This act includes conditions to ensure that any development of seawall lot 322-1 for nontrust use is compatible with the historic and architectural maritime character of the district.
(m)The preservation of the ports historic piers and other historic structures is critical for the preservation of the citys rich maritime history, furthers trust purposes, and is of statewide benefit. The city has adopted programs to encourage the preservation of historic resources, including a transferable development rights program. This act amends the Burton Act to clarify that the port may transfer transferable development rights to preserve historic piers and structures on port property, to the extent authorized under local law and subject to certain limitations.
For the purposes of this act the following terms have the following meanings:
(a)(1)Affordable housing means housing for very low, low-, or moderate-income households as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code.
(2)For seawall lot 322-1 only, the term affordable housing means a structure that provides housing for persons and families of low or moderate income as that term is defined in Section 50093 of the Health and Safety Code, housing for persons and families from very low income households as defined in Section 50105 of the Health and Safety Code, or persons and families from extremely low income households as defined in Section 50106 of the Health and Safety Code.
(3)For seawall lot 322-1 only, the term affordable housing may include other uses in the structure, provided that both of the following apply:
(A)Those uses are incidental or ancillary to the primary purpose of providing housing for persons and families of low or moderate income, or are consistent with the public trust and the Burton Act trust.
(B)The port provides timely notification to the commission of those uses other than a childcare facility or a restaurant.
(b)Burton Act means Chapter 1333 of the Statutes of 1968, as amended.
(c)Burton Act transfer agreement means that certain agreement dated January 24, 1969, between the state and the city, relating to the transfer of the Port of San Francisco from the state to the city, and any amendments to that agreement in accordance with its terms.
(d)Burton Act trust means the statutory trust imposed by the Burton Act, by which the state conveyed to the city, in trust and subject to certain terms, conditions, and reservations, the states interest in certain tidelands, including filled lands, and lands dedicated or acquired by the city as assets of the trust.
(e)Chapter 660 means Chapter 660 of the Statutes of 2007, as amended.
(f)City means the City and County of San Francisco, a charter city and county, and includes the port.
(g)Commission means the State Lands Commission.
(h)Designated seawall lot or designated seawall lots means any or all of the parcels of real property situated in the city and commonly known as seawall lots 328, 330, 337, 347S, and 322-1, including a portion of Mission Rock Street, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 of this act and is on file with the commission and the port.
(i)Historic pier means any pier, marginal wharf, pier shed, bulkhead building, and any other building or structure in the San Francisco waterfront between and including Pier 48 and Pier 45 that has been included in the Port of San Francisco Embarcadero Historic District and that is either individually listed or eligible for listing on the National Register of Historic Places or has been designated as, or meets the standards for, resources contributing to the historic significance of the Port of San Francisco Embarcadero Historic District under federal law.
(j)Historic structure means any building, structure, or other facility, including a historic pier, 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 a nationally registered historic district, the proposed Pier 70 Historic District, or a district eligible for listing as a historic district under federal law.
(k)Lease means a ground lease or space lease of real property, license agreement for use of real property, temporary easement, right-of-way agreement, development agreement, or any other agreement granting to any person any right to use, occupy, or improve real property under the jurisdiction of the port.
(l)Nontrust lease means a lease of all or any portion of the designated seawall lots free from the use requirements established by the public trust, the Burton Act trust, and the Burton Act transfer agreement.
(m)Person means an individual, corporation, limited liability company, partnership, joint venture, business entity, business trust, association or other private organization or private entity, or any governmental entity or agency.
(n)Pier 70 area means the Pier 70 area as defined in subdivision (s) of Section 1 of Chapter 477 of the Statutes of 2011.
(o)Port of San Francisco or port means the city acting by and through the San Francisco Port Commission.
(p)Preservation means the rehabilitation, restoration, or preservation of historic piers or other historic structures in accordance with the Secretary of Interiors Standards for the Treatment of Historic Properties. Preservation includes seismic retrofitting, substructure repair, and other structural and life-safety improvements, provided that the improvement is necessary for, and in furtherance of, the preservation of historic piers or other historic structures.
(q)Public trust or trust means the common law public trust for commerce, navigation, and fisheries.
(r)Seawall lot 322-1 means that parcel of real property situated in the city commonly known as seawall lot 322-1, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 and is on file with the commission and the port.
(s)Seawall lot 337 means that parcel of real property situated in the city commonly known as seawall lot 337, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 of this act and is on file with the commission and the port.
(t)Tidelands means the lands lying below the elevation of ordinary high water, whether filled or unfilled, and includes submerged lands.
(u)Transferable development rights means transferable development rights as that term is defined in the citys planning code, as may be amended from time to time.
SEC. 2.Section 2 of Chapter 757 of the Statutes of 2012 is amended to read:SEC. 2.The Legislature finds and declares all of the following:
(a)The San Francisco waterfront is a valuable public trust asset of the state that provides special maritime, navigational, recreational, cultural, and historical benefits to the people of the region and the state.
(b)The lands comprising the San Francisco waterfront consist primarily of sovereign tidelands granted to the city by the state pursuant to the Burton Act. Under the citys charter, the granted lands are held and managed by the port. The Burton Act authorizes the port to use, conduct, operate, maintain, manage, regulate, improve, and control the San Francisco waterfront consistent with the public trust and the Burton Act trust.
(c)A unique attribute of the port is the numerous historic maritime resources present on port property, many of which are in need of major structural repairs and are not currently available for the use and enjoyment of the public. The Legislature has previously found that rectifying the deteriorating conditions along the San Francisco waterfront, the preservation of the numerous historic piers and other historic structures on port land, and the construction of waterfront plazas and open space, are matters of statewide importance that will further the purposes of the public trust and the Burton Act trust. The Legislature has also found that revitalization of the Pier 70 area and the restoration of its unique collection of historic maritime industrial buildings is of particular importance. As the port strives to make productive use of the Pier 70 area and other lands under its jurisdiction, it faces numerous obstacles related to the high costs of waterfront development, including costs associated with seismic safety improvements, historic rehabilitation, hazardous materials remediation, and providing public access to the waterfront. The success of the ports efforts to revitalize the waterfront depends in part on strategies for increasing revenues from port lands and for reducing the costs of beneficial development projects.
(d)The seawall lots are tidelands that were filled and cut off from the waterfront by the construction of the great seawall (now occupied by the Embarcadero roadway) in the late 19th and early 20th centuries. Over time, certain of the seawall lots or portions thereof, including the designated seawall lots, have ceased to be useful for the promotion of the public trust and the Burton Act trust, except for the production of revenue to support the purposes of the Burton Act trust. The designated seawall lots are presently either vacant or leased on an interim basis, primarily for commuter parking.
(e)The Legislature, in Chapter 660, found that most of the designated seawall lots are no longer necessary for the purposes of the public trust or Burton Act trust. The Legislature also found that future revenues from the development and leasing of the designated seawall lots are an essential source of funds to preserve the ports numerous historic piers and historic structures, construct and maintain waterfront plazas and open space, and improve public access to the waterfront. Chapter 660 lifted the use restrictions of the public trust and Burton Act trust from those designated seawall lots and authorized the port to enter into nontrust leases of the lands, subject to certain conditions, and subject to the requirement that the lease revenues be used for specified trust purposes.
(f)Seawall lot 322-1 is presently used for surface parking primarily serving commuters. The lot was not included in Chapter 660, but like the other designated seawall lots, seawall lot 322-1 was filled and reclaimed as part of a highly beneficial plan of harbor development, has ceased to be tidelands, is cut off from the water, constitutes a relatively small portion of the tidelands granted to the city, is not currently being used, and is not anticipated in the foreseeable future to be used, for public trust or Burton Act trust purposes. It is the intent of the Legislature that, conditioned on the approval by the commission, seawall lot 322-1 be freed of the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement in the same manner and subject to the same requirements as the designated seawall lots under Chapter 660, subject to the additional provisions of this act.
(g)The lack of affordable housing is a critical problem that threatens the economic, environmental, and social quality of life in California, and is a matter of statewide concern. The Legislature has previously found that attainment of the states housing goals requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. The Legislature has also found that the provision of housing affordable to low- and moderate-income households requires the cooperation of all levels of government, and that local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provisions for the housing needs of all economic segments of the community. The Legislature has also recognized that local jurisdictions should encourage, to the maximum extent practicable, infilling existing urban areas.
(h)Some of the ports designated seawall lots, including seawall lot 322-1 and portions of seawall lot 337, are well-suited to support infill affordable housing development. Development of affordable housing typically requires a ground lease at rents that are below market. However, Chapter 660 requires the port to receive fair market value for nontrust leases of designated seawall lots.
(i)The city has implemented a number of local programs designed to encourage the development of affordable housing, including programs that impose fees, exactions, or other obligations on new development. For example, the citys jobs-housing linkage program imposes fees on most types of commercial development to offset the demand for affordable housing generated by new employment.
(j)Private commercial development on port property is subject to the citys jobs-housing linkage program fees. These fees increase the already high costs associated with development and revitalization of port property. The project development costs for port property would be reduced if the jobs-housing linkage fees that would otherwise be imposed on development projects on port property could be reduced or waived in exchange for an equivalent amount of rent credits or similar incentives provided by the port to encourage affordable housing development on other port property.
(k)A purpose of this act is to reduce the costs associated with development that will revitalize the waterfront, facilitate the preservation of historic piers and structures, and benefit the public trust, while also encouraging affordable housing development on port lands no longer needed for trust purposes, by authorizing the port, subject to commission approval, to grant rent credits or similar incentives for affordable housing development on seawall lot 322-1 and portions of seawall lot 337, provided the port can apply those credits to reduce the affordable housing fees or other obligations imposed on development within the Pier 70 area or on seawall lot 337, and subject to the conditions set forth in this act.
(l)Seawall lot 322-1 is located in the citys Northeast Waterfront Historic District. This act includes conditions to ensure that any development of seawall lot 322-1 for nontrust use is compatible with the historic and architectural maritime character of the district.
(m)The preservation of the ports historic piers and other historic structures is critical for the preservation of the citys rich maritime history, furthers trust purposes, and is of statewide benefit. The city has adopted programs to encourage the preservation of historic resources, including a transferable development rights program. This act amends the Burton Act to clarify that the port may transfer transferable development rights to preserve historic piers and structures on port property, to the extent authorized under local law and subject to certain limitations.
For the purposes of this act the following terms have the following meanings:
(a)(1)Affordable housing means a structure that provides housing for very low, low-, or moderate-income households as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code.
(2)For seawall lot 322-1 only, the term affordable housing includes means a structure that provides housing for persons and families of low or moderate income as that term is defined in Section 50093 of the Health and Safety Code, housing for persons and families from very low income households as defined in Section 50105 of the Health and Safety Code, or persons and families from extremely low income households as defined in Section 50106 of the Health and Safety Code.
(3)Affordable For seawall lot 322-1 only, the term affordable housing may include other uses in the structure, provided that both of the following apply:
(A)Those uses are incidental or ancillary to the primary purpose of providing housing for persons and families of low or moderate income, or are consistent with the public trust and the Burton Act trust.
(B)The port provides timely notification to the commission of those uses other than a childcare facility or a restaurant.
(b)Burton Act means Chapter 1333 of the Statutes of 1968, as amended.
(c)Burton Act transfer agreement means that certain agreement dated January 24, 1969, between the state and the city, relating to the transfer of the Port of San Francisco from the state to the city, and any amendments to that agreement in accordance with its terms.
(d)Burton Act trust means the statutory trust imposed by the Burton Act, by which the state conveyed to the city, in trust and subject to certain terms, conditions, and reservations, the states interest in certain tidelands, including filled lands, and lands dedicated or acquired by the city as assets of the trust.
(e)Chapter 660 means Chapter 660 of the Statutes of 2007, as amended.
(f)City means the City and County of San Francisco, a charter city and county, and includes the port.
(g)Commission means the State Lands Commission.
(h)Designated seawall lot or designated seawall lots means any or all of the parcels of real property situated in the city and commonly known as seawall lots 328, 330, 337, 347S, and 322-1, including a portion of Mission Rock Street, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 of this act and is on file with the commission and the port.
(i)Historic pier means any pier, marginal wharf, pier shed, bulkhead building, and any other building or structure in the San Francisco waterfront between and including Pier 48 and Pier 45 that has been included in the Port of San Francisco Embarcadero Historic District and that is either individually listed or eligible for listing on the National Register of Historic Places or has been designated as, or meets the standards for, resources contributing to the historic significance of the Port of San Francisco Embarcadero Historic District under federal law.
(j)Historic structure means any building, structure, or other facility, including a historic pier, 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 a nationally registered historic district, the proposed Pier 70 Historic District, or a district eligible for listing as a historic district under federal law.
(k)Lease means a ground lease or space lease of real property, license agreement for use of real property, temporary easement, right-of-way agreement, development agreement, or any other agreement granting to any person any right to use, occupy, or improve real property under the jurisdiction of the port.
(l)Nontrust lease means a lease of all or any portion of the designated seawall lots free from the use requirements established by the public trust, the Burton Act trust, and the Burton Act transfer agreement.
(m)Person means an individual, corporation, limited liability company, partnership, joint venture, business entity, business trust, association or other private organization or private entity, or any governmental entity or agency.
(n)Pier 70 area means the Pier 70 area as defined in subdivision (s) of Section 1 of Chapter 477 of the Statutes of 2011.
(o)Port of San Francisco or port means the city acting by and through the San Francisco Port Commission.
(p)Preservation means the rehabilitation, restoration, or preservation of historic piers or other historic structures in accordance with the Secretary of Interiors Standards for the Treatment of Historic Properties. Preservation includes seismic retrofitting, substructure repair, and other structural and life-safety improvements, provided that the improvement is necessary for, and in furtherance of, the preservation of historic piers or other historic structures.
(q)Public trust or trust means the common law public trust for commerce, navigation, and fisheries.
(r)Seawall lot 322-1 means that parcel of real property situated in the city commonly known as seawall lot 322-1, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 and is on file with the commission and the port.
(s)Seawall lot 337 means that parcel of real property situated in the city commonly known as seawall lot 337, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 of this act and is on file with the commission and the port.
(t)Tidelands means the lands lying below the elevation of ordinary high water, whether filled or unfilled, and includes submerged lands.
(u)Transferable development rights means transferable development rights as that term is defined in the citys planning code, as may be amended from time to time.
SEC. 2.Section 2 of Chapter 757 of the Statutes of 2012 is amended to read:SEC. 2.The Legislature finds and declares all of the following:
(a)The San Francisco waterfront is a valuable public trust asset of the state that provides special maritime, navigational, recreational, cultural, and historical benefits to the people of the region and the state.
(b)The lands comprising the San Francisco waterfront consist primarily of sovereign tidelands granted to the city by the state pursuant to the Burton Act. Under the citys charter, the granted lands are held and managed by the port. The Burton Act authorizes the port to use, conduct, operate, maintain, manage, regulate, improve, and control the San Francisco waterfront consistent with the public trust and the Burton Act trust.
(c)A unique attribute of the port is the numerous historic maritime resources present on port property, many of which are in need of major structural repairs and are not currently available for the use and enjoyment of the public. The Legislature has previously found that rectifying the deteriorating conditions along the San Francisco waterfront, the preservation of the numerous historic piers and other historic structures on port land, and the construction of waterfront plazas and open space, are matters of statewide importance that will further the purposes of the public trust and the Burton Act trust. The Legislature has also found that revitalization of the Pier 70 area and the restoration of its unique collection of historic maritime industrial buildings is of particular importance. As the port strives to make productive use of the Pier 70 area and other lands under its jurisdiction, it faces numerous obstacles related to the high costs of waterfront development, including costs associated with seismic safety improvements, historic rehabilitation, hazardous materials remediation, and providing public access to the waterfront. The success of the ports efforts to revitalize the waterfront depends in part on strategies for increasing revenues from port lands and for reducing the costs of beneficial development projects.
(d)The seawall lots are tidelands that were filled and cut off from the waterfront by the construction of the great seawall (now occupied by the Embarcadero roadway) in the late 19th and early 20th centuries. Over time, certain of the seawall lots or portions thereof, including the designated seawall lots, have ceased to be useful for the promotion of the public trust and the Burton Act trust, except for the production of revenue to support the purposes of the Burton Act trust. The designated seawall lots are presently either vacant or leased on an interim basis, primarily for commuter parking.
(e)The Legislature, in Chapter 660, found that most of the designated seawall lots are no longer necessary for the purposes of the public trust or Burton Act trust. The Legislature also found that future revenues from the development and leasing of the designated seawall lots are an essential source of funds to preserve the ports numerous historic piers and historic structures, construct and maintain waterfront plazas and open space, and improve public access to the waterfront. Chapter 660 lifted the use restrictions of the public trust and Burton Act trust from those designated seawall lots and authorized the port to enter into nontrust leases of the lands, subject to certain conditions, and subject to the requirement that the lease revenues be used for specified trust purposes.
(f)Seawall lot 322-1 is presently used for surface parking primarily serving commuters. The lot was not included in Chapter 660, but like the other designated seawall lots, seawall lot 322-1 was filled and reclaimed as part of a highly beneficial plan of harbor development, has ceased to be tidelands, is cut off from the water, constitutes a relatively small portion of the tidelands granted to the city, is not currently being used, and is not anticipated in the foreseeable future to be used, for public trust or Burton Act trust purposes. It is the intent of the Legislature that, conditioned on the approval by the commission, seawall lot 322-1 be freed of the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement in the same manner and subject to the same requirements as the designated seawall lots under Chapter 660, subject to the additional provisions of this act.
(g)The lack of affordable housing is a critical problem that threatens the economic, environmental, and social quality of life in California, and is a matter of statewide concern. The Legislature has previously found that attainment of the states housing goals requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. The Legislature has also found that the provision of housing affordable to low- and moderate-income households requires the cooperation of all levels of government, and that local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provisions for the housing needs of all economic segments of the community. The Legislature has also recognized that local jurisdictions should encourage, to the maximum extent practicable, infilling existing urban areas.
(h)Some of the ports designated seawall lots, including seawall lot 322-1 and portions of seawall lot 337, are well-suited to support infill affordable housing development. Development of affordable housing typically requires a ground lease at rents that are below market. However, Chapter 660 requires the port to receive fair market value for nontrust leases of designated seawall lots.
(i)The city has implemented a number of local programs designed to encourage the development of affordable housing, including programs that impose fees, exactions, or other obligations on new development. For example, the citys jobs-housing linkage program imposes fees on most types of commercial development to offset the demand for affordable housing generated by new employment.
(j)Private commercial development on port property is subject to the citys jobs-housing linkage program fees. These fees increase the already high costs associated with development and revitalization of port property. The project development costs for port property would be reduced if the jobs-housing linkage fees that would otherwise be imposed on development projects on port property could be reduced or waived in exchange for an equivalent amount of rent credits or similar incentives provided by the port to encourage affordable housing development on other port property.
(k)A purpose of this act is to reduce the costs associated with development that will revitalize the waterfront, facilitate the preservation of historic piers and structures, and benefit the public trust, while also encouraging affordable housing development on port lands no longer needed for trust purposes, by authorizing the port, subject to commission approval, to grant rent credits or similar incentives for affordable housing development on seawall lot 322-1 and portions of seawall lot 337, provided the port can apply those credits to reduce the affordable housing fees or other obligations imposed on development within the Pier 70 area or on seawall lot 337, and subject to the conditions set forth in this act.
(l)Seawall lot 322-1 is located in the citys Northeast Waterfront Historic District. This act includes conditions to ensure that any development of seawall lot 322-1 for nontrust use is compatible with the historic and architectural maritime character of the district.
(m)The preservation of the ports historic piers and other historic structures is critical for the preservation of the citys rich maritime history, furthers trust purposes, and is of statewide benefit. The city has adopted programs to encourage the preservation of historic resources, including a transferable development rights program. This act amends the Burton Act to clarify that the port may transfer transferable development rights to preserve historic piers and structures on port property, to the extent authorized under local law and subject to certain limitations.
For the purposes of this act the following terms have the following meanings:
(a)(1)Affordable housing means a structure that provides housing for very low, low-, or moderate-income households as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code.
(2)For seawall lot 322-1 only, the term affordable housing includes housing for persons and families of low or moderate income as that term is defined in Section 50093 of the Health and Safety Code, housing for persons and families from very low income households as defined in Section 50105 of the Health and Safety Code, or persons and families from extremely low income households as defined in Section 50106 of the Health and Safety Code.
(3)Affordable housing may include other uses in the structure, provided those that both of the following apply:
(A)Those uses are incidental or ancillary to the primary purpose of providing housing for persons and families of low or moderate income, or are consistent with the public trust and the Burton Act trust.
(B)The port provides timely notification to the commission of those uses other than a childcare facility or a restaurant.
(b)Burton Act means Chapter 1333 of the Statutes of 1968, as amended.
(c)Burton Act transfer agreement means that certain agreement dated January 24, 1969, between the state and the city, relating to the transfer of the Port of San Francisco from the state to the city, and any amendments to that agreement in accordance with its terms.
(d)Burton Act trust means the statutory trust imposed by the Burton Act, by which the state conveyed to the city, in trust and subject to certain terms, conditions, and reservations, the states interest in certain tidelands, including filled lands, and lands dedicated or acquired by the city as assets of the trust.
(e)Chapter 660 means Chapter 660 of the Statutes of 2007, as amended.
(f)City means the City and County of San Francisco, a charter city and county, and includes the port.
(g)Commission means the State Lands Commission.
(h)Designated seawall lot or designated seawall lots means any or all of the parcels of real property situated in the city and commonly known as seawall lots 328, 330, 337, 347S, and 322-1, including a portion of Mission Rock Street, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 of this act and is on file with the commission and the port.
(i)Historic pier means any pier, marginal wharf, pier shed, bulkhead building, and any other building or structure in the San Francisco waterfront between and including Pier 48 and Pier 45 that has been included in the Port of San Francisco Embarcadero Historic District and that is either individually listed or eligible for listing on the National Register of Historic Places or has been designated as, or meets the standards for, resources contributing to the historic significance of the Port of San Francisco Embarcadero Historic District under federal law.
(j)Historic structure means any building, structure, or other facility, including a historic pier, 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 a nationally registered historic district, the proposed Pier 70 Historic District, or a district eligible for listing as a historic district under federal law.
(k)Lease means a ground lease or space lease of real property, license agreement for use of real property, temporary easement, right-of-way agreement, development agreement, or any other agreement granting to any person any right to use, occupy, or improve real property under the jurisdiction of the port.
(l)Nontrust lease means a lease of all or any portion of the designated seawall lots free from the use requirements established by the public trust, the Burton Act trust, and the Burton Act transfer agreement.
(m)Person means an individual, corporation, limited liability company, partnership, joint venture, business entity, business trust, association or other private organization or private entity, or any governmental entity or agency.
(n)Pier 70 area means the Pier 70 area as defined in subdivision (s) of Section 1 of Chapter 477 of the Statutes of 2011.
(o)Port of San Francisco or port means the city acting by and through the San Francisco Port Commission.
(p)Preservation means the rehabilitation, restoration, or preservation of historic piers or other historic structures in accordance with the Secretary of Interiors Standards for the Treatment of Historic Properties. Preservation includes seismic retrofitting, substructure repair, and other structural and life-safety improvements, provided that the improvement is necessary for, and in furtherance of, the preservation of historic piers or other historic structures.
(q)Public trust or trust means the common law public trust for commerce, navigation, and fisheries.
(r)Seawall lot 322-1 means that parcel of real property situated in the city commonly known as seawall lot 322-1, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 and is on file with the commission and the port.
(s)Seawall lot 337 means that parcel of real property situated in the city commonly known as seawall lot 337, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 of this act and is on file with the commission and the port.
(t)Tidelands means the lands lying below the elevation of ordinary high water, whether filled or unfilled, and includes submerged lands.
(u)Transferable development rights means transferable development rights as that term is defined in the citys planning code, as may be amended from time to time.
SEC. 2.Section 2 of Chapter 757 of the Statutes of 2012 is amended to read:SEC. 2.The Legislature finds and declares all of the following:
(a)The San Francisco waterfront is a valuable public trust asset of the state that provides special maritime, navigational, recreational, cultural, and historical benefits to the people of the region and the state.
(b)The lands comprising the San Francisco waterfront consist primarily of sovereign tidelands granted to the city by the state pursuant to the Burton Act. Under the citys charter, the granted lands are held and managed by the port. The Burton Act authorizes the port to use, conduct, operate, maintain, manage, regulate, improve, and control the San Francisco waterfront consistent with the public trust and the Burton Act trust.
(c)A unique attribute of the port is the numerous historic maritime resources present on port property, many of which are in need of major structural repairs and are not currently available for the use and enjoyment of the public. The Legislature has previously found that rectifying the deteriorating conditions along the San Francisco waterfront, the preservation of the numerous historic piers and other historic structures on port land, and the construction of waterfront plazas and open space, are matters of statewide importance that will further the purposes of the public trust and the Burton Act trust. The Legislature has also found that revitalization of the Pier 70 area and the restoration of its unique collection of historic maritime industrial buildings is of particular importance. As the port strives to make productive use of the Pier 70 area and other lands under its jurisdiction, it faces numerous obstacles related to the high costs of waterfront development, including costs associated with seismic safety improvements, historic rehabilitation, hazardous materials remediation, and providing public access to the waterfront. The success of the ports efforts to revitalize the waterfront depends in part on strategies for increasing revenues from port lands and for reducing the costs of beneficial development projects.
(d)The seawall lots are tidelands that were filled and cut off from the waterfront by the construction of the great seawall (now occupied by the Embarcadero roadway) in the late 19th and early 20th centuries. Over time, certain of the seawall lots or portions thereof, including the designated seawall lots, have ceased to be useful for the promotion of the public trust and the Burton Act trust, except for the production of revenue to support the purposes of the Burton Act trust. The designated seawall lots are presently either vacant or leased on an interim basis, primarily for commuter parking.
(e)The Legislature, in Chapter 660, found that most of the designated seawall lots are no longer necessary for the purposes of the public trust or Burton Act trust. The Legislature also found that future revenues from the development and leasing of the designated seawall lots are an essential source of funds to preserve the ports numerous historic piers and historic structures, construct and maintain waterfront plazas and open space, and improve public access to the waterfront. Chapter 660 lifted the use restrictions of the public trust and Burton Act trust from those designated seawall lots and authorized the port to enter into nontrust leases of the lands, subject to certain conditions, and subject to the requirement that the lease revenues be used for specified trust purposes.
(f)Seawall lot 322-1 is presently used for surface parking primarily serving commuters. The lot was not included in Chapter 660, but like the other designated seawall lots, seawall lot 322-1 was filled and reclaimed as part of a highly beneficial plan of harbor development, has ceased to be tidelands, is cut off from the water, constitutes a relatively small portion of the tidelands granted to the city, is not currently being used, and is not anticipated in the foreseeable future to be used, for public trust or Burton Act trust purposes. It is the intent of the Legislature that, conditioned on the approval by the commission, seawall lot 322-1 be freed of the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement in the same manner and subject to the same requirements as the designated seawall lots under Chapter 660, subject to the additional provisions of this act.
(g)The lack of affordable housing is a critical problem that threatens the economic, environmental, and social quality of life in California, and is a matter of statewide concern. The Legislature has previously found that attainment of the states housing goals requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. The Legislature has also found that the provision of housing affordable to low- and moderate-income households requires the cooperation of all levels of government, and that local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provisions for the housing needs of all economic segments of the community. The Legislature has also recognized that local jurisdictions should encourage, to the maximum extent practicable, infilling existing urban areas.
(h)Some of the ports designated seawall lots, including seawall lot 322-1 and portions of seawall lot 337, are well-suited to support infill affordable housing development. Development of affordable housing typically requires a ground lease at rents that are below market. However, Chapter 660 requires the port to receive fair market value for nontrust leases of designated seawall lots.
(i)The city has implemented a number of local programs designed to encourage the development of affordable housing, including programs that impose fees, exactions exactions, or other obligations on new development. For example, the citys jobs-housing linkage program imposes fees on most types of commercial development to offset the demand for affordable housing generated by new employment.
(j)Private commercial development on port property is subject to the citys jobs-housing linkage program fees. These fees increase the already high costs associated with development and revitalization of port property. The project development costs for port property would be reduced if the jobs-housing linkage fees that would otherwise be imposed on development projects on port property could be reduced or waived in exchange for an equivalent amount of rent credits or similar incentives provided by the port to encourage affordable housing development on other port property.
(k)A purpose of this act is to reduce the costs associated with development that will revitalize the waterfront, facilitate the preservation of historic piers and structures, and benefit the public trust, while also encouraging affordable housing development on port lands no longer needed for trust purposes, by authorizing the port, subject to commission approval, to grant rent credits or similar incentives for affordable housing development on seawall lot 322-1 and portions of seawall lot 337, provided the port can apply those credits to reduce the affordable housing fees or other obligations imposed on development within the Pier 70 area or on seawall lot 337, and subject to the conditions set forth in this act.
(l)Seawall lot 322-1 is located in the citys Northeast Waterfront Historic District. This act includes conditions to ensure that any development of seawall lot 322-1 for nontrust use is compatible with the historic and architectural maritime character of the district.
(m)The preservation of the ports historic piers and other historic structures is critical for the preservation of the citys rich maritime history, furthers trust purposes, and is of statewide benefit. The city has adopted programs to encourage the preservation of historic resources, including a transferable development rights program. This act amends the Burton Act to clarify that the port may transfer transferable development rights to preserve historic piers and structures on port property, to the extent authorized under local law and subject to certain limitations.
For the purposes of this act the following terms have the following meanings:
(a)(1)Affordable housing means a structure that provides housing for very low, low-, or moderate-income households as defined in paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code.
(2)For seawall lot 322-1 only, the term affordable housing includes housing for persons and families of low or moderate income as that term is defined in Section 50093 of the Health and Safety Code, housing for persons and families from very low income households as defined in Section 50105 of the Health and Safety Code, or persons and families from extremely low income households as defined in Section 50106 of the Health and Safety Code.
(3)Affordable housing may include other uses in the structure, provided those uses are incidental or ancillary to the primary purpose of providing housing for persons and families of low or moderate income, or are consistent with the public trust and the Burton Act trust.
(b)Burton Act means Chapter 1333 of the Statutes of 1968, as amended.
(c)Burton Act transfer agreement means that certain agreement dated January 24, 1969, between the state and the city, relating to the transfer of the Port of San Francisco from the state to the city, and any amendments to that agreement in accordance with its terms.
(d)Burton Act trust means the statutory trust imposed by the Burton Act, by which the state conveyed to the city, in trust and subject to certain terms, conditions, and reservations, the states interest in certain tidelands, including filled lands, and lands dedicated or acquired by the city as assets of the trust.
(e)Chapter 660 means Chapter 660 of Statutes of 2007, as amended.
(f)City means the City and County of San Francisco, a charter city and county, and includes the port.
(g)Commission means the State Lands Commission.
(h)Designated seawall lot or designated seawall lots means any or all of the parcels of real property situated in the city and commonly known as seawall lots 328, 330, 337, 347S, and 322-1, including a portion of Mission Rock Street, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 of this act and is on file with the commission and the port.
(i)Historic pier means any pier, marginal wharf, pier shed, bulkhead building, and any other building or structure in the San Francisco waterfront between and including Pier 48 and Pier 45 that has been included in the Port of San Francisco Embarcadero Historic District and that is either individually listed or eligible for listing on the National Register of Historic Places or has been designated as, or meets the standards for, resources contributing to the historic significance of the Port of San Francisco Embarcadero Historic District under federal law.
(j)Historic structure means any building, structure, or other facility, including a historic pier, 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 a nationally registered historic district, the proposed Pier 70 Historic District, or a district eligible for listing as a historic district under federal law.
(k)Lease means a ground lease or space lease of real property, license agreement for use of real property, temporary easement, right-of-way agreement, development agreement, or any other agreement granting to any person any right to use, occupy, or improve real property under the jurisdiction of the port.
(l)Nontrust lease means a lease of all or any portion of the designated seawall lots free from the use requirements established by the public trust, the Burton Act trust, and the Burton Act transfer agreement.
(m)Person means an individual, corporation, limited liability company, partnership, joint venture, business entity, business trust, association or other private organization or private entity, or any governmental entity or agency.
(n)Pier 70 area means the Pier 70 area as defined in subdivision (s) of Section 1 of Chapter 477 of the Statutes of 2011.
(o)Port of San Francisco or port means the city acting by and through the San Francisco Port Commission.
(p)Preservation means the rehabilitation, restoration, or preservation of historic piers or other historic structures in accordance with the Secretary of Interiors Standards for the Treatment of Historic Properties. Preservation includes seismic retrofitting, substructure repair, and other structural and life-safety improvements, provided that the improvement is necessary for, and in furtherance of, the preservation of historic piers or other historic structures.
(q)Public trust or trust means the common law public trust for commerce, navigation, and fisheries.
(r)Seawall lot 322-1 means that parcel of real property situated in the city commonly known as seawall lot 322-1, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 and is on file with the commission and the port.
(s)Seawall lot 337 means that parcel of real property situated in the city commonly known as seawall lot 337, as shown on that certain map entitled revised map of designated seawall lots, which is reproduced in Section 9 of this act and is on file with the commission and the port.
(t)Tidelands means the lands lying below the elevation of ordinary high water, whether filled or unfilled, and includes submerged lands.
(u)Transferable development rights means transferable development rights as that term is defined in the citys planning code, as may be amended from time to time.
SEC. 2.Section 2 of Chapter 757 of the Statutes of 2012 is amended to read:SEC. 2.The Legislature finds and declares all of the following:
(a)The San Francisco waterfront is a valuable public trust asset of the state that provides special maritime, navigational, recreational, cultural, and historical benefits to the people of the region and the state.
(b)The lands comprising the San Francisco waterfront consist primarily of sovereign tidelands granted to the city by the state pursuant to the Burton Act. Under the citys charter, the granted lands are held and managed by the port. The Burton Act authorizes the port to use, conduct, operate, maintain, manage, regulate, improve, and control the San Francisco waterfront consistent with the public trust and the Burton Act trust.
(c)A unique attribute of the port is the numerous historic maritime resources present on port property, many of which are in need of major structural repairs and are not currently available for the use and enjoyment of the public. The Legislature has previously found that rectifying the deteriorating conditions along the San Francisco waterfront, the preservation of the numerous historic piers and other historic structures on port land, and the construction of waterfront plazas and open space, are matters of statewide importance that will further the purposes of the public trust and the Burton Act trust. The Legislature has also found that revitalization of the Pier 70 area and the restoration of its unique collection of historic maritime industrial buildings is of particular importance. As the port strives to make productive use of the Pier 70 area and other lands under its jurisdiction, it faces numerous obstacles related to the high costs of waterfront development, including costs associated with seismic safety improvements, historic rehabilitation, hazardous materials remediation, and providing public access to the waterfront. The success of the ports efforts to revitalize the waterfront depends in part on strategies for increasing revenues from port lands and for reducing the costs of beneficial development projects.
(d)The seawall lots are tidelands that were filled and cut off from the waterfront by the construction of the great seawall (now occupied by the Embarcadero roadway) in the late 19th and early 20th centuries. Over time, certain of the seawall lots or portions thereof, including the designated seawall lots, have ceased to be useful for the promotion of the public trust and the Burton Act trust, except for the production of revenue to support the purposes of the Burton Act trust. The designated seawall lots are presently either vacant or leased on an interim basis, primarily for commuter parking.
(e)The Legislature, in Chapter 660, found that most of the designated seawall lots are no longer necessary for the purposes of the public trust or Burton Act trust. The Legislature also found that future revenues from the development and leasing of the designated seawall lots are an essential source of funds to preserve the ports numerous historic piers and historic structures, construct and maintain waterfront plazas and open space, and improve public access to the waterfront. Chapter 660 lifted the use restrictions of the public trust and Burton Act trust from those designated seawall lots and authorized the port to enter into nontrust leases of the lands, subject to certain conditions, and subject to the requirement that the lease revenues be used for specified trust purposes.
(f)Seawall lot 322-1 is presently used for surface parking primarily serving commuters. The lot was not included in Chapter 660, but like the other designated seawall lots, seawall lot 322-1 was filled and reclaimed as part of a highly beneficial plan of harbor development, has ceased to be tidelands, is cut off from the water, constitutes a relatively small portion of the tidelands granted to the city, is not currently being used, and is not anticipated in the foreseeable future to be used, for public trust or Burton Act trust purposes. It is the intent of the Legislature that, conditioned on the approval by the commission, seawall lot 322-1 be freed of the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement in the same manner and subject to the same requirements as the designated seawall lots under Chapter 660, subject to the additional provisions of this act.
(g)The lack of affordable housing is a critical problem that threatens the economic, environmental, and social quality of life in California, and is a matter of statewide concern. The Legislature has previously found that attainment of the states housing goals requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. The Legislature has also found that the provision of housing affordable to low- and moderate-income households requires the cooperation of all levels of government, and that local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provisions for the housing needs of all economic segments of the community. The Legislature has also recognized that local jurisdictions should encourage, to the maximum extent practicable, infilling existing urban areas.
(h)Some of the ports designated seawall lots, including seawall lot 322-1 and portions of seawall lot 337, are well-suited to support infill affordable housing development. Development of affordable housing typically requires a ground lease at rents that are below market. However, Chapter 660 requires the port to receive fair market value for nontrust leases of designated seawall lots.
(i)The city has implemented a number of local programs designed to encourage the development of affordable housing, including programs that impose fees, exactions or other obligations on new development. For example, the citys jobs-housing linkage program imposes fees on most types of commercial development to offset the demand for affordable housing generated by new employment.
(j)Private commercial development on port property is subject to the citys jobs-housing linkage program fees. These fees increase the already high costs associated with development and revitalization of port property. The project development costs for port property would be reduced if the jobs-housing linkage fees that would otherwise be imposed on development projects on port property could be reduced or waived in exchange for an equivalent amount of rent credits or similar incentives provided by the port to encourage affordable housing development on other port property.
(k)A purpose of this act is to reduce the costs associated with development that will revitalize the waterfront, facilitate the preservation of historic piers and structures, and benefit the public trust, while also encouraging affordable housing development on port lands no longer needed for trust purposes, by authorizing the port, subject to commission approval, to grant rent credits or similar incentives for affordable housing development on seawall lot 322-1, 322-1 and portions of seawall lot 337, or other port property where housing is permitted, provided the port can apply those credits to reduce the affordable housing fees or other obligations imposed on development within the Pier 70 area, area or on seawall lot 337, or on other port lands and subject to the conditions set forth in this act.
(l)Seawall lot 322-1 is located in the citys Northeast Waterfront Historic District. This act includes conditions to ensure that any development of seawall lot 322-1 for nontrust use is compatible with the historic and architectural maritime character of the district.
(m)The preservation of the ports historic piers and other historic structures is critical for the preservation of the citys rich maritime history, furthers trust purposes, and is of statewide benefit. The city has adopted programs to encourage the preservation of historic resources, including a transferable development rights program. This act amends the Burton Act to clarify that the port may transfer transferable development rights to preserve historic piers and structures on port property, to the extent authorized under local law and subject to certain limitations.
SECTION 1.Section 65700 of the Government Code is amended to read:65700.(a)This chapter shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the city and except that charter cities shall adopt general plans in any case. General plans of a charter city shall be adopted by resolution of the legislative body of the city, or the planning commission if the charter so provides. These general plans shall contain the mandatory elements required by Article 5 (commencing with Section 65300) of Chapter 3 of this title.(b)Notwithstanding subdivision (a), paragraph (2) of subdivision (a) of Section 65400 and Sections 65590 and 65590.1 shall be applicable to charter cities.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.(a)The provisions of this This chapter shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the city; city and except that charter cities shall adopt general plans in any case, and such case. General plans of a charter city shall be adopted by resolution of the legislative body of the city, or the planning commission if the charter so provides, and such provides. These general plans shall contain the mandatory elements required by Article 5 (commencing with Section 65300) of Chapter 3 of this title.
(b)Notwithstanding subdivision (a), the provisions of paragraph (2) of subdivision (a) of Section 65400 and Sections 65590 and 65590.1 shall be applicable to charter cities.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.(a)It is the intent of the Legislature to enact legislation that would fund measures to provide for accessible housing-related data.(b)In support of subdivision (a), the Legislature finds and declares that it is critical that the state have comprehensive and accessible housing-related data from cities and counties in order to support all of the following:(1)Evidence-based policy decisionmaking at the federal, state, regional, and local level.(2)Regulatory enforcement of housing-related law by federal and state governmental entities, including, but not limited to, the United States Department of Housing and Urban Developments Affirmatively Furthering Fair Housing Rule and the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code) administered by the Department of Housing and Community Development.(3)Litigation enforcement of housing-related law, especially related to systemic housing discrimination.(4)The public, advocates, the press, researchers, and other government stakeholders with information to better understand the drivers and solutions to our states housing and affordability crisis.(5)Affordable and market rate developers by providing information to inform development decisions.(a)It is the intent of the Legislature to enact legislation that would fund measures to provide for accessible housing-related data.
(b)In support of subdivision (a), the Legislature finds and declares that it is critical that the state have comprehensive and accessible housing-related data from cities and counties in order to support all of the following:
(1)Evidence-based policy decisionmaking at the federal, state, regional, and local level.
(2)Regulatory enforcement of housing-related law by federal and state governmental entities, including, but not limited to, the United States Department of Housing and Urban Developments Affirmatively Furthering Fair Housing Rule and the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code) administered by the Department of Housing and Community Development.
(3)Litigation enforcement of housing-related law, especially related to systemic housing discrimination.
(4)The public, advocates, the press, researchers, and other government stakeholders with information to better understand the drivers and solutions to our states housing and affordability crisis.
(5)Affordable and market rate developers by providing information to inform development decisions.
|
Date
|
Status
|
|---|---|
| Sep 19, 2018 | Chaptered by Secretary of State - Chapter 526, Statutes of 2018. |
| Sep 19, 2018 | Approved by the Governor. |
| Sep 6, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 29, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 28, 2018 | From committee: That the Senate amendments be concurred in. (Ayes 10. Noes 0.) (August 28). |
| Aug 24, 2018 | Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2. |
| Aug 23, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77. |
| Aug 23, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 21, 2018 | Read second time. Ordered to third reading. |
| Aug 20, 2018 | Read third time and amended. Ordered to second reading. |
| Jul 3, 2018 | Read second time. Ordered to third reading. |
| Jul 2, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 14, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 13, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 12). |
| Apr 25, 2018 | Re-referred to Com. on N.R. & W. |
| Apr 12, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. |
| Jun 1, 2017 | Referred to Com. on RLS. |
| May 18, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 18, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1619.) |
| May 11, 2017 | Read second time. Ordered to Consent Calendar. |
| May 10, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 10). |
| Apr 27, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 26). Re-referred to Com. on APPR. |
| Mar 29, 2017 | Re-referred to Com. on L. GOV. |
| Mar 28, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Mar 27, 2017 | Referred to Com. on L. GOV. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2018 | AB 1423 CHIU Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 28, 2018 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Natural Resources |
Passed |
|
| Aug 23, 2018 | Assembly 3rd Reading AB1423 Chiu By Wiener | Senate Floor |
Passed |
|
| Aug 22, 2018 | Assembly 3rd Reading AB1423 Chiu By Wiener Reconsider | Senate Floor |
Passed |
|
| Aug 22, 2018 | Assembly 3rd Reading AB1423 Chiu By Wiener | Senate Floor |
Passed |
|
| Jun 12, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 18, 2017 | AB 1423 CHIU Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 10, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Apartment Association | * Support | Apr 26, 2017 |
| City and County of San Francisco | ** Support | Aug 27, 2018 |
| SPUR | ** Support | Apr 25, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 1423
Author:(Chiu)
As Amended Ver:August 20, 2018
Majority vote
ASSEMBLY: |
| (May 18, 2017) | SENATE: | 38-0 | (August 23, 2018) |
(vote not relevant)
COMMITTEE VOTE: | 10-0 | (August 28, 2018) | RECOMMENDATION: | concur |
(Nat. Res.)
Original Committee Reference: Not relevant
SUMMARY: Revises a City and County of San Francisco granted lands statute’s definition of "affordable housing," as specified, for seawall lot 322-1 and provides that affordable housing includes certain incidental or ancillary uses.
EXISTING LAW:
- Protects, pursuant to the common law doctrine of the public trust (Public Trust Doctrine), the public's right to use California's waterways for commerce, navigation, fishing, boating, natural habitat protection, and other water oriented activities. The Public Trust Doctrine provides that filled and unfilled tide and submerged lands and the beds of lakes, streams, and other navigable waterways (public trust lands) are to be held in trust by the state for the benefit of the people of California.
- Establishes that the State Lands Commission (SLC) is the steward and manager of the state's public trust lands. SLC has direct administrative control over the state's public trust lands and oversight authority over public trust lands granted by the Legislature to local public agencies (granted lands).
- Grants in trust to the Port of San Francisco (Port), pursuant to the Burton Act, AB 100 (Burton), Chapter 1333, Statutes of 1968, administrative control over the public trust lands in the harbor of San Francisco for purposes of commerce, navigation, and fisheries.
- Authorizes the Port, pursuant to SB 815 (Migden), Chapter 660, Statutes of 2007, to lease all or any portion of designated seawall lots (including seawall lot 322-1) free from use requirements established by the public trust, the Burton Act trust, and the Burton Act Transfer Agreement (hereinafter "nontrust leases"), provided certain conditions are met, including:
- The term of any individual non-trust lease, including any extension of the term allowed by right of renewal, does not exceed 75 years, and the non-trust lease will terminate no later than January 1, 2094;
- All revenues received by the Port from the non-trust lease will be deposited in a separate account in the harbor fund to be expended for the preservation of historic piers and historic structures, or for the construction and maintenance of waterfront plazas and open space required by the special area plan. Prior to the use of revenues for any pier of structure subject to public trust restrictions, the executive officer of SLC must approve the proposed uses of the piers or structures; and,
- The non-trust lease is for fair market value subject to the approval of SLC, which must find that the lease is consistent with the terms of the public trust and Burton Act trust, other than their restrictions on use, and that it is in the best interest of the state.
- Authorizes the Port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the Port below fair market value if the commission finds, among other things, that the nontrust lease is for affordable housing.
- Imposes certain requirements on the Port with regard to the construction of affordable housing on seawall lot 322-1.
- The term "affordable housing" is defined for these purposes to mean housing for very low, low-, or moderate-income households, as specified.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: The proposed project at seawall lot 322-1. Seawall lot 322-1 is currently a parking lot. It is located within the city block bound by Vallejo, Davis, Broadway and Front Streets near the Embarcadero in San Francisco. The proposed affordable housing development (known as 88 Broadway) will include a six-story building to provide 130 affordable family housing units (an additional 54 senior housing units will be built on adjacent city-owned land) and approximately 6,500 square feet of commercial space. Childcare and a restaurant are planned for the commercial space, and there will be some additional community service areas too. Public open seating areas are also planned. The proposed restaurant and open seating areas are consistent with the public trust. Final approvals for the project are still pending, but are anticipated to occur later this year. Construction is expected to start in 2019 with tenant move in starting in 2021.
Affordable housing is not public trust consistent, which is why the Legislature authorized the development of affordable housing if the commission lifts the public trust use restrictions on the seawall lot pursuant to the terms of AB 2649 (Ammiano), Chapter 757, Statutes of 2012. The need for additional affordable housing is well-documented, and subject to numerous ongoing legislative efforts. To some extent, this bill is technical clean-up to AB 2649 now that plans for the development of seawall lot 322-1 are more fully realized.
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0005021
Date of Hearing: August 28, 2018
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Al Muratsuchi, Acting Chair
ABPCA Bill Id:AB 1423 (
Author:Chiu) – As Amended Ver:August 20, 2018
SUBJECT: Tidelands and submerged lands: City and County of San Francisco: seawall lots: affordable housing
SUMMARY: Revises a City and County of San Francisco granted lands statute’s definition of “affordable housing,” as specified, for seawall lot 322-1 and provides that affordable housing includes certain incidental or ancillary uses.
EXISTING LAW:
- Protects, pursuant to the common law doctrine of the public trust (Public Trust Doctrine), the public's right to use California's waterways for commerce, navigation, fishing, boating, natural habitat protection, and other water oriented activities. The Public Trust Doctrine provides that filled and unfilled tide and submerged lands and the beds of lakes, streams, and other navigable waterways (public trust lands) are to be held in trust by the state for the benefit of the people of California.
- Establishes that the State Lands Commission (SLC) is the steward and manager of the state's public trust lands. SLC has direct administrative control over the state's public trust lands and oversight authority over public trust lands granted by the Legislature to local public agencies (granted lands).
- Grants in trust to the Port of San Francisco (Port), pursuant to the Burton Act, Chapter 1333, Statutes of 1968, administrative control over the public trust lands in the harbor of San Francisco for purposes of commerce, navigation, and fisheries.
- Authorizes the Port, pursuant to SB 815 (Migden), Chapter 660, Statutes of 2007, to lease all or any portion of designated seawall lots (including seawall lot 322-1) free from use requirements established by the public trust, the Burton Act trust, and the Burton Act Transfer Agreement (hereinafter “nontrust leases”), provided certain conditions are met, including:
- The term of any individual non-trust lease, including any extension of the term allowed by right of renewal, does not exceed 75 years, and the non-trust lease will terminate no later than January 1, 2094;
- All revenues received by the Port from the non-trust lease will be deposited in a separate account in the harbor fund to be expended for the preservation of historic piers and historic structures, or for the construction and maintenance of waterfront plazas and open space required by the special area plan. Prior to the use of revenues for any pier of structure subject to public trust restrictions, the executive officer of SLC must approve the proposed uses of the piers or structures; and,
- The non-trust lease is for fair market value subject to the approval of SLC, which must find that the lease is consistent with the terms of the public trust and Burton Act trust, other than their restrictions on use, and that it is in the best interest of the state.
- The term of any individual non-trust lease, including any extension of the term allowed by right of renewal, does not exceed 75 years, and the non-trust lease will terminate no later than January 1, 2094;
- Authorizes the Port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the Port below fair market value if the commission finds, among other things, that the nontrust lease is for affordable housing.
- Imposes certain requirements on the Port with regard to the construction of affordable housing on seawall lot 322-1.
- The term “affordable housing” is defined for these purposes to mean housing for very low, low-, or moderate-income households, as specified.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: The proposed project at seawall lot 322-1. Seawall lot 322-1 is currently a parking lot. It is located within the city block bound by Vallejo, Davis, Broadway and Front Streets near the Embarcadero in San Francisco. The proposed affordable housing development (known as 88 Broadway) will include a six-story building to provide 130 affordable family housing units (an additional 54 senior housing units will be built on adjacent city-owned land) and approximately 6,500 square feet of commercial space. Childcare and a restaurant are planned for the commercial space, and there will be some additional community service areas too. Public open seating areas are also planned. The proposed restaurant and open seating areas are consistent with the public trust. Final approvals for the project are still pending, but are anticipated to occur later this year. Construction is expected to start in 2019 with tenant move in starting in 2021.
Affordable housing is not public trust consistent, which is why the Legislature authorized the development of affordable housing if the commission lifts the public trust use restrictions on the seawall lot pursuant to the terms of AB 2649 (Ammiano, Chapter 757, Statutes of 2012). The need for additional affordable housing is well-documented, and subject to numerous ongoing legislative efforts. To some extent, this bill is technical clean-up to AB 2649 now that plans for the development of seawall lot 322-1 are more fully realized.
REGISTERED SUPPORT / OPPOSITION:
Support
City and County of San Francisco
Opposition
None on file
Analysis Prepared by: Michael Jarred / NAT. RES. /
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1423
Author:(Chiu)
As Amended Ver:August 20, 2018
Majority vote
ASSEMBLY: | 69-0 | (May 18, 2018) | SENATE: | 38-0 | (August 23, 2018) |
Original Committee Reference: NAT. RES.
SUMMARY: Revises a City and County of San Francisco granted lands statute’s definition of "affordable housing," as specified, for seawall lot 322-1 and provides that affordable housing includes certain incidental or ancillary uses.
The Senate amendments delete the Assembly version of the bill relating to housing, and instead: revise the definition of "affordable housing," as specified, for seawall lot 322-1 in the City and County of San Francisco, and provides that affordable housing includes certain incidental or ancillary uses.
EXISTING LAW:
- Protects, pursuant to the common law doctrine of the public trust (Public Trust Doctrine), the public's right to use California's waterways for commerce, navigation, fishing, boating, natural habitat protection, and other water oriented activities. The Public Trust Doctrine provides that filled and unfilled tide and submerged lands and the beds of lakes, streams, and other navigable waterways (public trust lands) are to be held in trust by the state for the benefit of the people of California.
- Establishes that the State Lands Commission (SLC) is the steward and manager of the state's public trust lands. SLC has direct administrative control over the state's public trust lands and oversight authority over public trust lands granted by the Legislature to local public agencies (granted lands).
- Grants in trust to the Port of San Francisco (Port), pursuant to the Burton Act, AB 100 (Burton), Chapter 1333, Statutes of 1968, administrative control over the public trust lands in the harbor of San Francisco for purposes of commerce, navigation, and fisheries.
- Authorizes the Port, pursuant to SB 815 (Migden), Chapter 660, Statutes of 2007, to lease all or any portion of designated seawall lots (including seawall lot 322-1) free from use requirements established by the public trust, the Burton Act trust, and the Burton Act Transfer Agreement (hereinafter "nontrust leases"), provided certain conditions are met, including:
- The term of any individual non-trust lease, including any extension of the term allowed by right of renewal, does not exceed 75 years, and the non-trust lease will terminate no later than January 1, 2094;
- All revenues received by the Port from the non-trust lease will be deposited in a separate account in the harbor fund to be expended for the preservation of historic piers and historic structures, or for the construction and maintenance of waterfront plazas and open space required by the special area plan. Prior to the use of revenues for any pier of structure subject to public trust restrictions, the executive officer of SLC must approve the proposed uses of the piers or structures; and,
- The non-trust lease is for fair market value subject to the approval of SLC, which must find that the lease is consistent with the terms of the public trust and Burton Act trust, other than their restrictions on use, and that it is in the best interest of the state.
- Authorizes the Port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the Port below fair market value if the commission finds, among other things, that the nontrust lease is for affordable housing.
- Imposes certain requirements on the Port with regard to the construction of affordable housing on seawall lot 322-1.
- The term "affordable housing" is defined for these purposes to mean housing for very low, low-, or moderate-income households, as specified.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: The proposed project at seawall lot 322-1. Seawall lot 322-1 is currently a parking lot. It is located within the city block bound by Vallejo, Davis, Broadway and Front Streets near the Embarcadero in San Francisco. The proposed affordable housing development (known as 88 Broadway) will include a six-story building to provide 130 affordable family housing units (an additional 54 senior housing units will be built on adjacent city-owned land) and approximately 6,500 square feet of commercial space. Childcare and a restaurant are planned for the commercial space, and there will be some additional community service areas too. Public open seating areas are also planned. The proposed restaurant and open seating areas are consistent with the public trust. Final approvals for the project are still pending, but are anticipated to occur later this year. Construction is expected to start in 2019 with tenant move in starting in 2021.
Affordable housing is not public trust consistent, which is why the Legislature authorized the development of affordable housing if the commission lifts the public trust use restrictions on the seawall lot pursuant to the terms of AB 2649 (Ammiano), Chapter 757, Statutes of 2012. The need for additional affordable housing is well-documented, and subject to numerous ongoing legislative efforts. To some extent, this bill is technical clean-up to AB 2649 now that plans for the development of seawall lot 322-1 are more fully realized.
Analysis Prepared by: Michael Jarred / NAT. RES. /(916) 319-2092 FN: 0004479
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1423
:
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/12/18
AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote
SUBJECT: Tidelands and submerged lands: City and County of San Francisco: seawall lots: affordable housing
DIGEST:
This bill revises the definition of “affordable housing,” as specified, for seawall lot 322-1 in the City and County of San Francisco, and provides that affordable housing includes certain incidental or ancillary uses.
Senate Floor Amendments of 8/20/18 are technical and clarifying to ensure this bill applies to seawall lot 322-1 only.
- Protects the people’s right to access public trust lands, also known as sovereign lands, for commerce, fishing, boating, natural habitat protection, and other water oriented activities.
- The Common Law doctrine of the Public Trust provides that tidelands and submerged lands of navigable rivers, streams, lakes, bays, estuaries, inlets, and straits are to be held in trust by the State for the benefit of the people of California. The state acquired all right, title and interest in the state’s tide and submerged lands, including the beds of navigable waterways, upon becoming a state in 1850, subject to certain limited exceptions.
- Establishes the State Lands Commission (commission) as the steward and manager of the state’s public trust lands.
- The commission has direct administrative control over the state’s public trust lands, and oversight authority over public lands granted in trust by the California Legislature to over 70 local public agencies (the local trustees of the grant) to be managed for the benefit of all people in the state.
- Transfers in trust to the City and County of San Francisco, the interest of the state in and to the Harbor of San Francisco, subject to certain conditions and purposes through the Burton Act (Chapter 1333, Statutes of 1968) and the Burton Act transfer agreement.
- The Burton Act has been amended repeatedly since its passage.
- The San Francisco waterfront is a valuable public trust asset of the state.
- Declares , upon the commission making specified findings, that certain seawall lots (including seawall lot 322-1) are free from the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement, and authorizes the Port of San Francisco (port) to lease these lots, subject to certain requirements and conditions up to January 1, 2094 (see SB 815 (Migden, Chapter 660, Statutes of 2007) and AB 2649 (Ammiano, Chapter 757, Statutes of 2012)).
- Seawall lots subject to the public trust in San Francisco may no longer be immediately adjacent to bay waters, but may still provide public trust benefits.
- Authorizes the port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the port below fair market value if the commission finds, among other things, that the nontrust lease is for affordable housing.
- Imposes certain requirements on the port with regard to the construction of affordable housing on seawall lot 322-1.
- The term “affordable housing” is defined for these purposes to mean housing for very low, low-, or moderate-income households, as specified.
This bill modifies existing law with respect to the development of affordable housing at seawall lot 322-1. Specifically, this bill:
- Revises the definition of “affordable housing” specifically for seawall lot 322-1 to include a structure that provides housing for persons and families of low or moderate income, as defined, or persons and families from very low income households, as defined, or persons and families from extremely low income households, as defined.
- Specifies that for seawall lot 322-1 only, affordable housing may include other uses in the structure if those uses are incidental or ancillary to the primary purpose of providing affordable housing and are consistent with the public trust and the Burton Act trust, and requires the port to provide timely notice of changes in those uses to the commission, except as specified.
Background
The proposed project at seawall lot 322-1. Seawall lot 322-1 is currently a parking lot. It is located within the city block bound by Vallejo, Davis, Broadway and Front Streets near the Embarcadero in San Francisco. The proposed affordable housing development (known as 88 Broadway) will include a six-story building to provide 130 affordable family housing units (an additional 54 senior housing units will be built on adjacent city-owned land) and approximately 6,500 square feet of commercial space. Childcare and a restaurant are planned for the commercial space, and there will be some additional community service areas too. Public open seating areas are also planned. The proposed restaurant and open seating areas are consistent with the public trust. Final approvals for the project are still pending, but are anticipated to occur later this year. Construction is expected to start in 2019 with tenant move in starting in 2021.
Affordable housing is not public trust consistent, which is why the Legislature authorized the development of affordable housing if the commission lifts the public trust use restrictions on the seawall lot pursuant to the terms of AB 2649 (Ammiano, Chapter 757, Statutes of 2012). The need for additional affordable housing is well-documented, and subject to numerous ongoing legislative efforts. To some extent, this bill is technical clean-up to AB 2649 now that plans for the development of seawall lot 322-1 are more fully realized.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
City and County of San Francisco
OPPOSITION: (Verified 8/20/18)
None received
ARGUMENTS IN SUPPORT: According to the author, “San Francisco needs to produce more moderate-income housing to serve households that are a diverse part of its workforce. The bill is needed so that the [seawall lot] 322-1 project can reach moderate-income households up to 120% of the Area Median Income that would otherwise not be served by the market.
“The bill is also needed to incorporate a community serving use on the ground floor that is ancillary to the affordable housing.”
ASSEMBLY FLOOR: 69-0, 5/18/17
AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood
NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon
8/21/18 18:55:46
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1423
:
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/12/18
AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote
DIGEST:
This bill revises the definition of “affordable housing,” as specified, for seawall lot 322-1 in the City and County of San Francisco, and provides that affordable housing includes certain incidental or ancillary uses.
Existing law:
- Protects the people’s right to access public trust lands, also known as sovereign lands, for commerce, fishing, boating, natural habitat protection, and other water oriented activities.
- The Common Law doctrine of the Public Trust provides that tidelands and submerged lands of navigable rivers, streams, lakes, bays, estuaries, inlets, and straits are to be held in trust by the State for the benefit of the people of California. The state acquired all right, title and interest in the state’s tide and submerged lands, including the beds of navigable waterways, upon becoming a state in 1850, subject to certain limited exceptions.
- Establishes the State Lands Commission (commission) as the steward and manager of the state’s public trust lands.
- The commission has direct administrative control over the state’s public trust lands, and oversight authority over public lands granted in trust by the California Legislature to over 70 local public agencies (the local trustees of the grant) to be managed for the benefit of all people in the state.
- Transfers in trust to the City and County of San Francisco, the interest of the state in and to the Harbor of San Francisco, subject to certain conditions and purposes through the Burton Act (Chapter 1333, Statutes of 1968) and the Burton Act transfer agreement.
- The Burton Act has been amended repeatedly since its passage.
- The San Francisco waterfront is a valuable public trust asset of the state.
- Declares , upon the commission making specified findings, that certain seawall lots (including seawall lot 322-1) are free from the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement, and authorizes the Port of San Francisco (port) to lease these lots, subject to certain requirements and conditions up to January 1, 2094 (see SB 815 (Migden, Chapter 660, Statutes of 2007) and AB 2649 (Ammiano, Chapter 757, Statutes of 2012)).
- Seawall lots subject to the public trust in San Francisco may no longer be immediately adjacent to bay waters, but may still provide public trust benefits.
- Authorizes the port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the port below fair market value if the commission finds, among other things, that the nontrust lease is for affordable housing.
- Imposes certain requirements on the port with regard to the construction of affordable housing on seawall lot 322-1.
- The term “affordable housing” is defined for these purposes to mean housing for very low, low-, or moderate-income households, as specified.
This bill:
- Modifies existing law with respect to the development of seawall lot 322-1.
- Revises the definition of “affordable housing” to mean a structure that provides housing for very low, low-, or moderate-income households, as defined, and specifically for seawall lot 322-1 to include housing for persons and families of low or moderate income, as defined, or persons and families from very low income households, as defined, or persons and families from extremely low income households, as defined.
- Specifies that affordable housing may include other uses in the structure if those uses are incidental or ancillary to the primary purpose of providing affordable housing and are consistent with the public trust and the Burton Act trust, and requires the port to provide timely notice of changes in those uses to the commission, except as specified.
Background
The proposed project at seawall lot 322-1. Seawall lot 322-1 is currently a parking lot. It is located within the city block bound by Vallejo, Davis, Broadway and Front Streets near the Embarcadero in San Francisco. The proposed affordable housing development (known as 88 Broadway) will include a six-story building to provide 130 affordable family housing units (an additional 54 senior housing units will be built on adjacent city-owned land) and approximately 6,500 square feet of commercial space. Childcare and a restaurant are planned for the commercial space, and there will be some additional community service areas too. Public open seating areas are also planned. The proposed restaurant and open seating areas are consistent with the public trust. Final approvals for the project are still pending, but are anticipated to occur later this year. Construction is expected to start in 2019 with tenant move in starting in 2021.
Affordable housing is not public trust consistent, which is why the Legislature authorized the development of affordable housing if the commission lifts the public trust use restrictions on the seawall lot pursuant to the terms of AB 2649 (Ammiano, Chapter 757, Statutes of 2012). The need for additional affordable housing is well-documented, and subject to numerous ongoing legislative efforts. To some extent, this bill is technical clean-up to AB 2649 now that plans for the development of seawall lot 322-1 are more fully realized.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
City and County of San Francisco
None received
ARGUMENTS IN SUPPORT: According to the author, “San Francisco needs to produce more moderate-income housing to serve households that are a diverse part of its workforce. The bill is needed so that the [seawall lot] 322-1 project can reach moderate-income households up to 120% of the Area Median Income that would otherwise not be served by the market.
“The bill is also needed to incorporate a community serving use on the ground floor that is ancillary to the affordable housing.”
ASSEMBLY FLOOR: 69-0, 5/18/17
AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood
NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon
7/3/18 16:19:52
**** END ****
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Robert Hertzberg, Chair
2017 - 2018 Regular
Bill No: AB Hearing Date: June 12, 2018
Author: | Chiu | ||
Version: | April 12, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Katharine Moore | ||
Subject: Tidelands and submerged lands: City and County of San Francisco: seawall lots: affordable housing
BACKGROUND AND EXISTING LAW
Existing law protects the people’s right to access public trust lands, also known as sovereign lands, for commerce, fishing, boating, natural habitat protection, and other water oriented activities. The Common Law doctrine of the Public Trust provides that tidelands and submerged lands of navigable rivers, streams, lakes, bays, estuaries, inlets, and straits are to be held in trust by the State for the benefit of the people of California. The state acquired all right, title and interest in the state’s tide and submerged lands, including the beds of navigable waterways, upon becoming a state in 1850, subject to certain limited exceptions.
The State Lands Commission (commission) was established in 1938 by the State Lands Act to be the steward and manager of the state’s public trust lands. The commission has direct administrative control over the state’s public trust lands and oversight authority over public lands granted in trust by the California Legislature to over 70 local public agencies (the local trustees of the grant) to be managed for the benefit of all people in the state.
Under existing law, the Burton Act (Chapter 1333, Statutes of 1968) and the Burton Act transfer agreement, the interest of the state in and to the Harbor of San Francisco was transferred in trust to the City and County of San Francisco, subject to certain conditions and purposes. The Burton Act has been amended repeatedly since its passage. The San Francisco waterfront is a valuable public trust asset of the state.
Existing law, upon the commission making specified findings, declares that certain seawall lots (including seawall lot 322-1) are free from the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement, and authorizes the Port of San Francisco (port) to lease these lots, subject to certain requirements and conditions up to January 1, 2094 (see SB 815 (Migden, Chapter 660, Statutes of 2007) and AB 2629 (Ammiano, Chapter 757, Statutes of 2012)). Seawall lots subject to the public trust in San Francisco may no longer be immediately adjacent to bay waters, but may still provide public trust benefits.
Existing law authorizes the port to provide a rent credit or other waiver or deferral of rent in connection with a nontrust lease of seawall lot 322-1 that results in an effective rent to the port below fair market value if the commission finds, among other things, that the nontrust lease is for affordable housing.
Existing law imposes certain requirements on the port with regard to the construction of affordable housing on seawall lot 322-1.
Existing law, for these purposes, defines the term “affordable housing” to mean housing for very low, low-, or moderate-income households, as defined.
PROPOSED LAW
This bill would modify existing law with respect to the development of seawall lot 322-1. Specifically, this bill would:
- Revise the definition of “affordable housing” to mean a structure that provides housing for very low, low-, or moderate-income households, as defined, and specifically for seawall lot 322-1 to include housing for persons and families of low or moderate income, as defined, or persons and families from very low income households, as defined, or persons and families from extremely low income households, as defined.
- Specify that affordable housing may include other uses in the structure if those uses are incidental or ancillary to the primary purpose of providing affordable housing and are consistent with the public trust and the Burton Act trust.
ARGUMENTS IN SUPPORT
According to the author, “San Francisco needs to produce more moderate-income housing to serve households that are a diverse part of its workforce. The bill is needed so that the [seawall lot] 322-1 project can reach moderate-income households up to 120% of the Area Median Income that would otherwise not be served by the market.”
“The bill is also needed to incorporate a community serving use on the ground floor that is ancillary to the affordable housing.”
ARGUMENTS IN OPPOSITION
None received
COMMENTS
The proposed project at Seawall lot 322-1. Seawall lot 322-1 is currently a parking lot. It is located within the city block bound by Vallejo, Davis, Broadway and Front Streets near the Embarcardero. The proposed affordable housing development (known as 88 Broadway) will include a six-story building to provide 130 affordable family housing units (an additional 54 senior housing units will be built on adjacent city-owned land) and approximately 6,500 square feet of commercial space. Childcare and a restaurant are planned for the commercial space, and there will be some additional community service areas too. Public open seating areas are also planned. The proposed restaurant and open seating areas are consistent with the public trust. Final approvals for the project are still pending, but are anticipated to occur later this year. Construction is expected to start in 2019 with tenant move in starting in 2021.
Affordable housing is not public trust consistent, which is why the Legislature authorized the development of affordable housing if the commission lifts the public trust use restrictions on the seawall lot pursuant to the terms of AB 2629. To some extent, this bill is technical clean-up to AB 2629 now that plans for the development of seawall lot 322-1 are more fully realized. It is readily conceivable, in the event the commission lifts the public trust on the seawall lot for the maximum period it can under existing law, that the current planned ancillary uses to the proposed housing may change during the lease term. Therefore the Committee may wish to require that the port notify the commission of a change, if any, in order to facilitate the commission’s continuing oversight obligations for granted lands. [Amendment 1]
Financing port restoration. The port has faced for decades and continues to face ongoing challenges in funding the restoration of its properties. The overall cost of restoration to aging piers and seawalls is estimated to be on the order of billions of dollars. One of the goals of the suspension of the public trust on certain seawall lots is to help fund those efforts.
Need for affordable housing. While outside the scope of this Committee’s jurisdiction, the need for additional affordable housing is well-documented, and subject to numerous ongoing legislative efforts.
Recent related legislation
AB 2578 (Chiu, 2018) would provide a funding mechanism to repair the Embarcadero Seawall on public trust lands in San Francisco. (This bill is pending referral by the Senate Rules Committee.)
AB 2649 (Ammiano, Chapter 757, Statutes of 2012) among other things freed Seawall Lot 322-1 from public trust requirements, upon the decision of the State Lands Commission, until January 1, 2094 to allow the development of affordable housing on the site.
AB 418 (Ammiano, Chapter 477, Statutes of 2011) authorized certain swaps of parcels in an out of the public trust to facilitate San Francisco’s hosting of the 34th America’s Cup, among other provisions.
AB 1199 (Ammiano, Chapter 664, Statutes of 2010) among other things revised provisions authorizing the City and County of San Francisco to create infrastructure financing districts that include specified waterfront property in order to fund waterfront restoration and provide waterfront access.
SB 815 (Migden, Chapter 660, Statutes of 2007) authorized the suspension of certain public trust lands from the public trust in the City and County of San Francisco for 75 years in specified circumstance, among other provisions.
SUGGESTED AMENDMENTS
AMENDMENT 1
On page 3, lines 17 – 21, please revise to read:
“(3) “Affordable housing” may include other uses in the structure, provided (A) those uses are incidental or ancillary to the primary purpose of providing housing for persons and families of low or moderate income, or are consistent with the public trust and the Burton Act trust, and (B) the port will provide timely notification to the Commission in writing of any such uses other than a childcare facility or a restaurant.”
SUPPORT
City and County of San Francisco
OPPOSITION
None received
-- END --
Date of Hearing: May 10, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1423
Author:(Chiu) – As Amended Ver:March 28, 2017
Policy Committee: | Local Government | Vote: | 9 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires charter cities to submit the annual progress report on housing element implementation to the legislative body, the Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD).
FISCAL EFFECT:
Minor costs to cities and counties. These costs are not reimbursable by the state because cities and counties have the authority to impose fees to cover any costs.
COMMENTS:
- Purpose. According to the author, "Comprehensive housing-related data from local jurisdictions could help legislators, developers, and the public to identify drivers of the housing shortage and policy solutions that are best suited to support additional production. This bill would increase access to housing-related data by requiring charter cities to submit Annual Progress Reports. This change would allow for better regional collaboration and compliance and more evidence-based policy decision-making in the Legislature.”
- Background. Existing law requires the planning agency of a city or county, after the legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, OPR, and HCD, that includes various information on the progress and implementation of the general plan. As part of this annual reporting requirement, the planning agency must include specified information on the housing element portion of the general plan.
This bill requires charter cities to comply with provisions of existing law requiring general law cities and counties to submit an annual progress report on housing element implementation.
- Related Legislation. There are a number of bills, in addition to this bill, dealing with the collection and reporting of housing data by local governments, including the following:
AB 829 (Chiu) requires the annual progress report to additionally include the relationship between jobs and housing, including any imbalance between jobs and housing, including an assessment of any significant increases or decreases in employment since the date of the last annual report. This bill is also before this Committee today.
AB 852 (Grayson) requires, as part of the annual general plan report provided to the legislative body, to OPR, and to HCD, the planning agency of the city or county to include the following information: 1) The number of housing development applications received in the prior year; 2) The number of units included in all development applications in the prior year; and, 3) The number of units approved and disapproved in the prior year. This bill is pending on the Assembly Floor Consent Calendar.
AB 879 (Grayson) requires local governments to include, in their housing elements, an expanded analysis of nongovernmental constraints on housing development, as well as efforts to remove those constraints. This bill is also before this Committee today.
AB 1156 (Ting) expands the information required in cities’ and counties’ annual housing element report to HCD by requiring the inclusion of the number of housing units at each income level remaining to be accommodated within the planning period, and an update to the inventory of land suitable for residential development, as specified. This bill is pending a hearing in this Committee.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 26, 2017
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cecilia Aguiar-Curry, Chair
ABPCA Bill Id:AB 1423 (
Author:Chiu) – As Amended Ver:March 28, 2017
SUBJECT: Housing: annual reports: charter cities.
SUMMARY: Requires charter cities to submit the annual progress report on housing element implementation.
EXISTING LAW:
- Requires cities and counties to adopt a general plan that includes seven mandatory elements: land use, open space, conservation, housing, circulation, noise, and safety.
- Requires the planning agency, after the legislative body has adopted all or part of a general plan, to do both of the following:
- Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan; and,
- Provide by April 1 of each year an annual report to the legislative body, the Governor’s Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD), that includes all of the following:
- The status of the plan and progress in its implementation;
- The progress in meeting its share of regional housing needs, as specified; and,
- The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
- Requires, as part of the annual report, a report on the housing element, which shall be prepared through the use of forms and definitions adopted by HCD.
- Requires the housing element portion of the annual report to include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.
- Requires the housing element portion of the annual report to be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
- Allows the housing element portion of the annual report to include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the specified standards.
- Specifies that if a court finds, upon a motion to that effect, that a city, county or city and county failed to submit, within 60 days of the deadline, the housing element portion of the report that substantially complies with the requirements, as specified, the court shall issue an order or judgment compelling compliance within 60 days. Specifies that if the city or county fails to comply with the court’s order within 60 days, the plaintiff or petition may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. Allows the court to issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, as specified.
FISCAL EFFECT: This bill is keyed fiscal and contains a state-mandated local program.
COMMENTS:
- Bill Summary. Existing law requires the planning agency of a city or county, after the legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, OPR, and HCD, that includes various information on the progress and implementation of the general plan. As part of this annual reporting requirement, the planning agency must include specified information on the housing element portion of the general plan.
This bill requires charter cities to comply with provisions of existing law requiring the submittal of the annual progress report on housing element implementation. This bill is author-sponsored.
- Author’s Statement. According to the author, “It’s no secret that California has not produced enough housing to keep up with our population over the last few decades. The lack of a sufficient housing supply is creating enormous challenges for our residents; it’s affecting affordability, livability and our environment.
“Over the last 10 years, the deficit between supply and demand has only become more pronounced. The state is projected to need 180,000 additional homes annually to keep up with the growing population, but production has averaged only 80,000 new homes per year. As a result, more than half of California households are spending over 30% of their income on housing, and more than a third are spending over 50% of their income on housing.
“What is less well known is that the state doesn’t currently have consistent data with which to address our housing shortage. Local jurisdictions collect data inconsistently across the state, often providing qualitative rather than quantitative data, and they do not always provide their data to the state for aggregation. In fact, only 44% of jurisdictions currently comply with the Housing and Community Development Department’s annual data collection requirements and charter cities are not required to comply at all. Comprehensive housing-related data from local jurisdictions could help legislators, developers, and the public to identify drivers of the housing shortage and policy solutions that are best suited to support additional production.
“This bill would increase access to housing-related data by requiring charter cities to submit Annual Progress Reports. This change would allow for better regional collaboration and compliance and more evidence-based policy decision-making in the Legislature.”
- Related Housing Data Legislation. There are a number of bills, in addition to this bill, dealing with increasing housing data, including the following:
- AB 829 (Chiu) - This bill requires the annual progress report to additionally include the relationship between jobs and housing, including any imbalance between jobs and housing, including an assessment of any significant increases or decreases in employment since the date of the last annual report. This bill is pending in this Committee.
- AB 852 (Grayson) - This bill requires, as part of the annual general plan report provided to the legislative body, to OPR, and to HCD, the planning agency of the city or county to include the following information: 1) The number of housing development applications received in the prior year; 2) The number of units included in all development applications in the prior year; and, 3) The number of units approved and disapproved in the prior year. This bill is pending in the Assembly Appropriations Committee.
- AB 879 (Grayson) - This bill requires local governments to include, in their housing elements, an expanded analysis of nongovernmental constraints on housing development, as well as efforts to remove those constraints. This bill is pending in this Committee.
- AB 1156 (Ting) - This bill expands the information required in cities’ and counties’ annual housing element report to HCD by requiring the inclusion of the number of housing units at each income level remaining to be accommodated within the planning period, and an update to the inventory of land suitable for residential development, as specified. This bill is pending in this Committee.
Given that these bills are all related, the Committee may wish to ask the authors to work together on the bills to ensure consistency going forward.
- Arguments in Support. According to SPUR, “More and better housing-related data should be available to identify drivers of the housing shortage and the policy solutions that most effectively support additional housing production.”
- Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
SPUR
Opposition
None on file
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958
Discussed in Hearing
1MIN
Assembly Floor
3MIN
Assembly Standing Committee on Natural Resources
2MIN
Senate Floor
1MIN
Senate Floor
1MIN
Senate Standing Committee on Natural Resources and Water
3MIN
Assembly Standing Committee on Local Government
Bill Author
Bill Co-Author(s):