SEC. 7.

(a) The commission is authorized to approve a Ballpark and Public Lands Development on the final trust lands that meets the requirements of this act. The commission shall not approve the Ballpark and Public Lands Development unless it finds that all of the following conditions have been met: (1) The ballpark project is designed to attract the statewide public to the waterfront, increase public enjoyment of the waterfront, encourage public trust activities, and maximize public use of trust assets and resources on the waterfront. (2) The project provides multiple significant views to the public of the estuary, the San Francisco skyline, and the port’s working waterfront from a variety of elevations and vantage points within the baseball park, including significant views from various seating and viewing areas. An upper-level area around the perimeter of the baseball park will be publicly accessible year-round on nongame and nonevent days. To encourage the statewide public to visit the waterfront, the ballpark design shall provide free public views of the field from the outside, and the ballpark operator shall be required to allow the public to view the field from outside areas during games and events. (3) The ballpark project allows and promotes free public access to exterior portions of the baseball park and to areas from which the public can view the estuary and the port’s working waterfront, subject to reasonable limitations based on security. (4) Buildings, other than the ballpark, that are located on the BCDC jurisdictional bay fill lands are designed to allow significant and important views from the upper-level park, such as views of the bay, the estuary, the San Francisco skyline, and the port’s working waterfront. (5) The ballpark project includes significant public plazas open to the public year-round, including on game and event days, that can be accessed via public pedestrian promenades at the site that encourage public use of the Howard Terminal property and provide a variety of views of the estuary, the San Francisco skyline, and the port’s working waterfront. (6) The ballpark project will not involve any new fill that would reduce the existing surface area of the bay other than minor improvements to improve public access and access to the water. (7) The design, construction, and operation of the ballpark project will not interfere with navigation of commercial vessels or the operations of the San Francisco Bar Pilots in piloting those vessels, the safe operation of ongoing maritime activities in navigable waters, or the construction and operation of a potentially expanded Inner Harbor turning basin. (8) The ballpark project includes continuous public access along the estuary frontage of the Howard Terminal property that is open to the public year-round and includes an interpretive program to enhance the public’s enjoyment and connection with the port’s maritime history. (9) Public trust-consistent events, uses, and programming are offered regularly, including free and low-cost visitor-serving events. (10) A public community room will be made available within the ballpark project for free or low cost to the statewide public, without preference to local residents or organizations, if the commission or BCDC finds that there is a demand or need for those facilities. (11) The Oakland Sports and Mixed-Use Project will allow for hotels and other overnight accommodations, such as hostels or other lower cost accommodations, and visitor-serving uses that will materially enhance public access and public trust uses on the Howard Terminal property. (12) Accessory office use within the ballpark project shall be occupied only by public trust-consistent tenants that may include the primary tenants and users of the ballpark project, and office space necessary for the operation and management of the open space and other public facilities on the ballpark project, except that small amounts of incidental nonpublic trust uses located on floors above the ground floor of the ballpark project may be provided, with the maximum amount of those uses be approved by the commission. (13) A notice of determination for the Oakland Sports and Mixed-Use Project has been filed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), and the city or the port has given the project its necessary local discretionary approvals, each following at least one public hearing, and the approvals include an enforceable comprehensive package of community benefits consistent with Section 21168.6.7 of the Public Resources Code. (14) A major permit application for the Oakland Sports and Mixed-Use Project has been submitted to BCDC. (15) If the public lands development is approved and constructed on Howard Terminal property, the port shall submit and present at a properly noticed public commission meeting a trust program report no later than one year from the date of the opening of the ballpark project, and every five years thereafter through the term of the ground lease for the ballpark project, that contains the following information: (A) A list and description of the trust-related events and the programming that have occurred at the Ballpark and Public Lands Development over the preceding one-year or five-year period, including the dates on which the events occurred, and identifying free or low-cost visitor-serving events. (B) A detailed narrative statement regarding the uses of the Ballpark and Public Lands Development, including a list of subtenants. (C) Any other information specifically requested by the commission that pertains to the program of trust uses for the ballpark project. (16) In consideration of the conditions described in paragraphs (1) to (15), inclusive, and all other relevant information known to the commission, the ballpark project is otherwise consistent with the public trust and the terms, conditions, reservations, and restrictions of

er information specifically requested by the commission that pertains to the program of trust uses for the ballpark project. (16) In consideration of the conditions described in paragraphs (1) to (15), inclusive, and all other relevant information known to the commission, the ballpark project is otherwise consistent with the public trust and the terms, conditions, reservations, and restrictions of the legislative grants. (17) The ballpark project is in the best interests of the state. (b) Notwithstanding the 1923 Grant, the ballpark project shall be an allowed use of the final trust lands if the commission approves the project pursuant to subdivision (a). (c) Commission staff shall coordinate and consult with BCDC staff to ensure that all appropriate information is available to the commission for its consideration of the conditions in subdivision (a). The commission and BCDC shall closely coordinate the scheduling of public meetings related to the determinations under this act. (d) Notwithstanding subdivision (a), if the port and the Oakland Athletics do not enter into a binding agreement that allows for the construction of the Oakland Sports and Mixed-Use Project on the Howard Terminal property or if the agreement is terminated before construction has commenced on all or any portion of the Howard Terminal property, then the port may use and operate any portion of the Howard Terminal property pursuant to the 1923 Grant and for any trust consistent use, including marine terminal and ancillary uses, without further approvals or restriction in place on the Oakland Sports and Mixed-Use Project.