November 21, 2019 Commission Meeting

1:00 p.m.
Bay Area Metro Center
375 Beale Street
Yerba Buena, First Floor
San Francisco, CA 94105
(415) 352-3600

Tentative Agenda

  1. Call to Order

  2. Roll Call

  3. Public Comment Period (Each speaker is limited to three minutes) A maximum of 15 minutes is available for the public to address the Commission on any matter on which the Commission either has not held a public hearing or is not scheduled for a public hearing later in the meeting. Speakers will be heard in the order of sign-up, and each speaker is generally limited to a maximum of three minutes. It is strongly recommended that public comments be submitted in writing so they can be distributed to all Commission members for review. The Commission may provide more time to each speaker and can extend the public comment period beyond the normal 15-minute maximum if the Commission believes that it is necessary to allow a reasonable opportunity to hear from all members of the public who want to testify. No Commission action can be taken on any matter raised during the public comment period other than to schedule the matter for a future agenda or refer the matter to the staff for investigation, unless the matter is scheduled for action by the Commission later in the meeting.
    (Steve Goldbeck) [415/352-3611;]
  4. Approval of Minutes of October 17, 2019 Meeting (PDF)
    (Peggy Atwell)
  5. Report of the Chair

  6. Report of the Executive Director

  7. Commission Consideration of Administrative Matters
    (Brad McCrea)
  8. Public Hearing and Possible Vote on Issuing a Brief Descriptive Notice to Initiate San Francisco Bay Plan Amendment No. 5-19 Regarding the Lower Walnut Creek Restoration Project
    The Commission will hold a public hearing and possible vote to begin the amendment process to update the San Francisco Bay Plan. The proposed amendments would remove a water-related industry priority use designation from a section of Pacheco Marsh, the west of Pacheco Creek, as seen in Bay Plan Maps 2 and 3. The applicant, Contra Costa County Flood Control and Water Conservation District, proposes to restore the site to tidal marsh as part of their Lower Walnut Creek Restoration Project. Upon Commission approval of this recommendation, staff will initiate the Bay Plan amendment process. (Cody Aichele-Rothman) [415/352-3641;]
  9. Public Hearing and Possible Vote on the Foster City Levee Protection and Planning Improvements Project, BCDC Permit Application No. 2018.005.00
    The Commission will hold a public hearing and possible vote on BCDC Permit Application No. 2018.005.00 by the City of Foster City for the construction of shoreline protection structures and redevelopment of public access along the shoreline levee system, in the City of Foster City, San Mateo County. The project would include levee rehabilitation work with new shoreline protection, redevelop and widen the levee Bay Trail, provide public access amenities and access to the Bay, and construct two bridges to increase tidal circulation to enhance O’Neil Slough in the southern segment of the project site. (Walt Deppe) [415/352-3622;]
    Staff Recommendation // Exhibits // Public Comment Letters
  10. Public Hearing and Possible Vote on an Application by FC Pier 70, LLC, and Port of San Francisco for Pier 70 Mixed-Use Development Project, near Pier 70, in the City and County of San Francisco; BCDC Permit Application No. 2018.008.00 // Exhibits
    The Commission will hold a public hearing and may vote on an application for a major permit to develop a mixed-use neighborhood near Pier 70, in the City and County of San Francisco. Within the Commission’s jurisdiction, the project would primarily involve construction of a new waterfront park. Overall, the project would result in approximately 2.6 acres of new shoreline public access. (Ethan Lavine) [415/352-3618;]
    Staff Recommendation // Exhibits // Presentation
  11. Vote on Proposed Bay Plan Amendment No. 4-19 Concerning a Bay Plan Map Change to Reconfigure the Waterfront Park, Beach Priority Use Area Designation at India Basin in the City and County of San Francisco
    The Commission will vote on an application from Build, Inc., to change San Francisco Bay Plan Map 5 to reconfigure the inland boundary of the Waterfront Park, Beach Priority Use Area at India Basin. The applicant proposes to develop mixed uses on approximately 17.9 acres proposed for removal and to add approximately 3.6 acres to the existing India Basin Open Space. The public hearing was held on October 3, 2019. (Shannon Fiala) [415/352-3665;]
  12. Closed Session on Pending Litigation
    Pursuant to Government Code Section 11126(e), the Commission will hold a closed session to consider the San Francisco Bay Conservation and Development Commission v. United States Army Corps of Engineers, United States District Court for the Northern District of California, Case No. C 3:16-CV 05420-RS. (Marc Zeppetello) [415/352-3655;]
  13. Adjournment

Speaker Sign-Up and Time Limits If you would like to comment on an item scheduled for a public hearing or speak during the public comment period, please fill out a "Request to Speak" form and give it to a staff member. Each speaker is limited to a maximum of three minutes during the public comment period, and the Chair may set time limits for each speaker at the beginning of a public hearing. You are encouraged to submit written comments of any length and detailed information to the staff. This material will be distributed to the Commission members. Applicants are responsible for presenting their projects at the public hearing.

Questions and Staff Reports If you have any questions concerning an item on the agenda or would like to receive a staff report related to the item, please contact the staff member whose name and direct phone number are indicated in parenthesis at the end of the agenda item.

Campaign Contributions State law requires Commissioners to disqualify themselves from voting on any matter if they have received a campaign contribution from an interested party. If you intend to speak on any hearing item, please indicate on the "Request to Speak" form or in your testimony if you have made campaign contributions in excess of $250 to any Commissioner within the last year, and if so, to which Commissioner(s) you have contributed. Other legal requirements govern contributions by applicants and other interested parties and establish criteria for Commissioner conflicts of interest. Please consult with the staff counsel if you have any questions about the rules that pertain to campaign contributions or conflicts of interest.

Access to Meetings Meeting facilities are accessible to persons with disabilities. If you require special assistance, please contact any staff member prior to the meeting. An interpreter for the deaf will also be made available upon request to the staff at least five days prior to the meeting.

Bagley-Keene Open Meeting Act As a state agency, the Commission is governed by the Bagley-Keene Open Meeting Act which requires the Commission to (1) publish an agenda at least ten days in advance of any meeting; (2) describe specifically in that agenda the items to be transacted or discussed; and (3) refuse to add an item subsequent to the published agenda. In addition to these general requirements the Bagley-Keene Act includes other specific provisions about how meetings are to be announced and conducted.