AB 1423: Tidelands and submerged lands: City and County of San Francisco: seawall lots: affordable housing.

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.