What is the status of Term 9.1.5 (Public Open Space; Multi-Use Bridge Facility; and Public Access)?

The development agreement identifies that the publicly accessible open space would be provided in two phases: an interim public open space and a final public open space. Per the development agreement and conditional development permit (CDP), the interim park is required to be completed prior to occupancy of Building 22 and the final park would be completed after TE Connectivity vacates Building 305. TE Connectivity vacated the site earlier than anticipated (December 2019) and Facebook requested flexibility to construct the publicly accessible open space in one phase. The proposal would result in the construction of the final public open space earlier than anticipated by the CDP and development agreement (but would not include an interim publicly accessible open space prior to occupancy of Building 22). The CDP and development agreement, approved by the City Council, allow for staff level modifications if the proposed modification is substantially consistent with the approved project and the terms of the CDP and development agreement. City staff determined that provision of the final open space without an interim phase achieves compliance with the requirements. In order to construct the final phase sooner, Facebook plans to begin construction on the entire public open space concurrent with the granting of occupancy of Building 22. Staff has evaluated the proposal submitted by Facebook and the information provided and determined that the earlier delivery of the entire publicly accessible open space would be more beneficial than completing the interim publicly accessible open space and then shortly thereafter closing off the space to demolish Building 305 and construct the final publicly accessible open space.

The timing for the delivery of the bicycle and pedestrian bridge over Bayfront Expressway was impacted because Facebook was delayed in obtaining PG&E approval of an easement for the bridge foundation within its easement due to PG&E’s bankruptcy filing in early 2019. Facebook has worked with PG&E and California Public Utilities Commission (CPUC) to obtain approval of the easement. The development agreement includes an automatic extension for the delivery of the bridge due to situations outside the control of Facebook, such as this situation. Access to the bicycle and pedestrian bridge would be through the publicly accessible open space. Due to these factors, staff believes that the modification to the timing for the delivery of the publicly accessible open space is warranted and believes that Facebook has made a good faith effort to comply with the bicycle and pedestrian bridge and public open space requirements.

As of August 2020, Facebook obtained CPUC approval of the easement and a formal agreement with PG&E. Bridge construction is anticipated to begin by the end of August 2020. The bridge construction is expected to take approximately 18 months.

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1. What is the status of Terms 7.1.6 and 7.1.7 (Chilco Street Frontage Improvements)?
2. What is the status of Term 8.1.1 (Housing Inventory and Local Supply Study)?
3. What is the status of Term 8.1.2 (Housing Innovation Fund)?
4. What is the status of Term 9.1.5 (Public Open Space; Multi-Use Bridge Facility; and Public Access)?