SEC. 9.

(a) The Legislature finds and declares that unique circumstances exist at the site to be used for the Oakland Sports and Mixed-Use Project, including that the BCDC jurisdictional bay fill land, while still considered to be a part of the bay were filled for port use, and that considerable public benefits could be realized by the Oakland Sports and Mixed-Use Project. (b) In light of subdivision (a), in the exercise of its retained powers as trustee of the public trust, the Legislature hereby authorizes BCDC, in considering permits for those aspects of the Oakland Sports and Mixed-Use Project that lie within BCDC’s jurisdiction, to find that the ballpark, public trust, and public open-space uses that lie within the BCDC jurisdictional bay fill lands are water-oriented uses within the meaning of subdivision (a) of Section 66605 of the Government Code if BCDC finds, at a properly noticed public meeting, that all of the following conditions exist, and further provided that BCDC shall not issue permits for those aspects of the Oakland Sports and Mixed-Use Project that lie within BCDC’s jurisdiction unless it finds that all of following conditions are met: (1) The ballpark stadium has been designed using the bay as a design asset to attract large numbers of people to enjoy the bay, including a substantial quantity of high-quality open space and public access that serves the surrounding district and the region, and view of the bay from a rooftop park ringing the top of the stadium that will be publicly accessible on nongame and nonevent days subject to reasonable limitations based on security. (2) Buildings on BCDC jurisdictional bay fill lands other than the ballpark stadium are designed using the bay as a design asset, including providing water views from public spaces within and around those buildings. (3) Buildings developed on BCDC jurisdictional bay fill lands are designed to allow for significant and important view from the upper-level park within the ballpark stadium, such as views of the bay, the estuary, the San Francisco skyline, and the port’s working waterfront. (4) Public trust uses on BCDC jurisdictional bay fill lands are designed to promote activation of the adjacent public open spaces, significantly contribute to the public’s use and enjoyment of the waterfront, and enhance rather than privatize the public realm. (c) The Legislature further authorizes BCDC to grant a permit for those aspects of the Oakland Sports and Mixed-Use Project that lie within BCDC jurisdiction, including the substantial change of use of the BCDC jurisdictional bay fill lands, notwithstanding the findings and declarations set forth in subdivisions (b), (c), (d), and (f) of Section 66605 of the Government Code and the San Francisco Bay Plan policies on “Fills in Accord with Bay Plan,” “Fill for Bay-Oriented Commercial Recreation and Bay-Oriented Public Assembly on Privately-Owned or Publicly-Owned Property,” and “Filling for Public Trust Uses on Publicly-Owned Property Granted in Trust to a Public Agency by the Legislature,” if BCDC finds, at a properly noticed public meeting, that the Oakland Sports and Mixed-Use Project is otherwise consistent with all other applicable BCDC laws and policies and both of the following: (1) The Oakland Sports and Mixed-Use Project will provide a substantial quantity of high-quality open space and public access, and will provide the public with views from and along major thoroughfares that invite the public to the waterfront. (2) The Oakland Sports and Mixed-Use Project will provide significant pedestrian and bicycle improvements both onsite and offsite in the vicinity of the project site to promote and encourage public access to, and public assembly at, the shoreline of the bay. (d) This act does not limit the authority or discretion of BCDC to approve or deny permits for those aspects of the Oakland Sports and Mixed-Use Project described in this act that are within BCDC’s jurisdiction in a manner consistent with the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code) and the Bay Plan except as otherwise provided in this act, including the authority and discretion of BCDC to impose terms and conditions on the permits for the project. (e) BCDC’s findings pursuant to this section shall be made independently from the commission’s findings pursuant to Sections 6 and 7 of this act.