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September 5, 2024 Commission Meeting
September 5 @ 1:00 pm - 5:00 pm
This Commission meeting will operate as a hybrid meeting under teleconference rules established by the Bagley-Keene Open Meeting Act. Commissioners are located at the primary physical location and may be located at the teleconference locations specified below, all of which are publicly accessible. The Zoom video conference link and teleconference information for members of the public to participate virtually are also specified below.
Physical location
Metro Center
375 Beale Street, Board Room
San Francisco, 415-352-3600
Teleconference locations
- 1028 Howard St., San Francisco, CA
- 100 Howe Ave., Ste. 100, South Sacramento, CA 95825
- 675 Texas St., Ste. 6002, Fairfield, CA 94533
- County Executive Office: 1195 Third St., 3rd Fl, Napa, CA 94559
- Caltrans Building District 4: 111 Grand Ave., 15th Fl, Oakland, CA 94612
- Office of Supervisor John Gioia: 11780 San Pablo Ave., Ste. D, El Cerrito, CA 94530 (510) 942-2220
- Mountain View City Hall Council Chambers: 500 Castro St., Mountain View, CA 94041
- 2379 Sheffield Dr., Livermore, CA 94550
- 70 W. Hedding St.,10th Fl. Conf. Rm., San Jose, CA 95110
If you have issues joining the meeting using the link, please enter the Meeting ID and Password listed below into the ZOOM app to join the meeting.
Join the meeting via ZOOM
https://bcdc-ca-gov.zoom.us/j/88956081193?pwd=Qi1H2dbQmezNQfP8acMCZU8u25rnSb.1
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Teleconference numbers
1 (866) 590-5055
Conference Code 374334
Meeting ID
889 5608 1193
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Agenda
- Call to Order
- Roll Call
- 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.
(Sierra Peterson) [415/352-3608; sierra.peterson@bcdc.ca.gov] - Report of the Chair
- Report of the Executive Director
- Consent Calendar
- Approval of Minutes for the August 15, 2024 Meeting
(Sierra Peterson) [415/352-3608; sierra.peterson@bcdc.ca.gov]
- Approval of Minutes for the August 15, 2024 Meeting
- Commission Consideration of Administrative Matters
(Harriet Ross) [415/352-3611; harriet.ross@bcdc.ca.gov] - Public Hearing on the Draft Environmental Assessment for the Cargill, Inc. Solar Salt System Maintenance and Operations Activities Project (BCDC Permit Application 2021.003.00)
The Commission will hold a public hearing on the Draft Environmental Assessment to accompany the permit application by Cargill, Inc. to continue existing its operations and maintenance (O&M) activities, as well as implement limited new O&M activities, for their Solar Salt System facilities in Alameda and San Mateo Counties, primarily in the cities of Newark, Fremont, and Redwood City. The Solar Salt System is subject to BCDC jurisdictions in the Bay, in the 100-foot Shoreline Band, and in Salt Ponds.
(Sam Fielding) [415-352-3665; sam.fielding@bcdc.ca.gov]
Presentation // Cargill’s presentation - Commission Consideration and Possible Vote to Approve BCDC’s 2023 Annual Report
The Commission will consider and possibly vote to approve the 2023 BCDC Annual Report.
(Larry Goldzband) [415/352-3652; larry.goldzband@bcdc.ca.gov] - Briefing on Enforcement and Compliance Programs
In a joint presentation, the Commission will receive a semi-annual progress report on the Enforcement Program’s activities during the first six months of 2024, and a briefing on the work performed by BCDC’s Compliance Unit, including how BCDC has brought into compliance non-compliant permittees.
(Greg Scharff) [415/ 352-3655; greg.scharff@bcdc.ca.gov]
(John Creech) [415/352-3619; john.creech@bcdc.ca.gov]
Compliance presentation // Presentation - Briefing on Environmental Justice Advisors Program Organizational Development Contract
The Commission will receive a briefing on the results of the Organizational Development Assessment of the Environmental Justice Advisors program conducted by MIG and Benchmarq Consulting. Sr. Manager for Climate Equity and Community Engagement Phoenix Armenta will present the findings from the final report and outline the next steps
(Phoenix Armenta) [415/352-3604; phoenix.armenta@bcdc.ca.gov]
Presentation // EJ Advisors Organizational Development Analysis Final Report - Adjournment
Listing of Pending Administrative Matters
This report lists the administrative permit applications that have been filed and are pending with the Commission. The Executive Director will take the action indicated on the matters unless the Commission determines that it is necessary to hold a public hearing. The staff members to whom the matters have been assigned are indicated at the end of the project descriptions. Inquiries should be directed to the assigned staff member prior to the Commission meeting.
Administrative Permit Applications
Sausalito Evergreen SPE, LLC
973 Avenida Encinas, Suite 300
Carlsbad, CA 92008
BCDC Permit Application No. M2023.031.00
Renovate and repair an existing multi-family residential structure, including the following activities.
In the Bay
- Remove existing 36-inch-high wood guardrails on existing balconies and replace with new 42-inch-high guardrails, and refinish approximately 1,100 square feet of existing balcony surfaces.
- Repair roof and gutters on existing roof overhangs as needed.
- Temporarily install structure-supported scaffolding, construction mesh, and debris catchment system in an approximately 530 square feet footprint.
In the Shoreline Band
- Remove existing 36-inch-high painted wood guardrails from existing exterior walkways and replace them with 42-inch-high wood guardrails, and refinish approximately 4,990 square feet of existing exterior walkway and stair surfaces.
- Repair roof and gutters on existing roof as needed and install four new skylights.
- Construct an approximately 813-square-foot portion of an expanded rooftop terrace.
- Improve the exterior courtyard, involving removal of the existing 130-square-foot enclosed pool equipment building and replacement with a new 194-square-foot open pool cabana; removal of an approximately 2,342-square-foot concrete area and replacement with planting beds, concrete pavers, and wood decking; construction of an approximately 49-square-foot pool equipment area; repair of non-structural wooden posts; and installation of approximately 162 linear feet of 5-foot-high wooden pool deck guardrails.
- Improve the southern side yard by replacing existing wood steps and retaining walls, concrete slabs, and metal storage shed with new timber steps, new ground cover, and new wood deck landings; installing a new foot washing station; and replacing two existing wood fences and gates with two new wood fences and gates, approximately 6-foot high and 5-feet wide.
- Install landscaping improvements, including rebuilding an existing concrete planter on the Main Street frontage (north side of property).
- Reconfigure the existing stormwater drainage to comply with Marin County’s Stormwater Pollution Prevention Program.
- Conduct interior renovations of existing apartment units.
Note: A portion of the project on the Main Street frontage will take place within the City of Sausalito right-of-way and will require an encroachment permit from the City that has not yet been received. City Council approval of the encroachment permit was expected on July 30, 2024, but the item was pushed from the agenda due to time constraints. City of Sausalito staff has attested that the permit is likely to be approved and that the BCDC application could be filed pending the City Council resolution. The BCDC permit shall be conditioned to require that the final encroachment permit be submitted to BCDC prior to commencement of work on City of Sausalito property.
Recommend Approval with Conditions. Alyssa Plese; 415/352-3600 or alyssa.plese@bcdc.ca.gov
DW Burlingame II Owner, LLC
DW Burlingame III Owner, LLC
301 Howard Street, Suite 2100
San Francisco, CA 94105
BCDC Permit Application No. M2024.005.00
Within the Commission’s 100-foot shoreline band jurisdiction, at
1200-1340 Old Bayshore Highway, in the City of Burlingame, San Mateo County.
Conduct demolition and site preparation activities, involving.
- In the Bay
- Demolish and remove existing pavement and landscaping over approximately 0.033 acres of previously filled area.
- Grade, excavate, and surcharge approximately 0.033 acres of previously filled area to elevations between 9 and 18 feet NAVD88 from existing elevations of between 9 and 12 feet NAVD88. Surcharging will involve placement of approximately 395 cubic yards of cellcrete or similar foamed concrete lightweight fill over 1,215 square feet of the fill area, and approximately 50 cubic yards of imported soils.
- Place approximately 330 linear feet of 2-foot-tall silt fence with straw wattle fiber roll temporary protection barrier along the muted tidal wetland for the duration of site preparation activities.
- Install approximately 20 linear feet of six-foot-tall chain link construction fencing with screening fabric along the perimeter of the project site for the duration of site preparation activities.
- Within the 100-foot shoreline band
- Demolish and remove existing commercial and hotel structures, pavement, and landscaping over approximately 2.94 acres.
- Shoring, Excavation, Dewatering
- Excavate approximately 9,560 square feet of the total 48,800-square-foot footprint of the Center Building to a depth of approximately 11 feet below elevation 11.5 feet NAVD88. Stabilize excavated area with temporary shoring and permanent Mass Soil Mixing (MSM) of in-situ soil with cement grout slurry without soldier beams or tiebacks, dewater excavated areas, and treat water before discharging to existing drainage systems.
- Excavate approximately 315 square feet of the total 53,400-square-foot footprint of the proposed future South Parking Structure site to a depth of approximately 27 feet below elevation 11.4 NAVD88. Stabilize excavated area with temporary shoring and permanent Cutter Soil Mix (CSM) walls approximately 36” wide with steel soldier beams, dewater excavated areas, and treat water before discharging to existing drainage systems.
- Grade and surcharge approximately 2.94 acres of land to elevations between 13 and 26 feet NAVD88 from existing elevations between 8 and 12, involving the placement of imported soils and cellcrete or similar foamed lightweight fill.
The lightweight fill will be used over an approximately
19,176-square-foot area. - Stitch Piers
Auger-cast rows made up of approximately 282 total 16-inch diameter sand/cement stitch piers spaced 5 to 7 feet apart along the eastern side of the site and on either side of Easton Creek to depths of approximately -21 feet NAVD88. - Construction Staging
Utilize an approximately 162,000-square-foot area north of Easton Creek and an approximately 49,000-square-foot area north of the muted tidal wetland for construction staging and temporary stockpiling of excavated material. - Protection Barriers
- Place approximately 950 linear feet of 2-foot-tall silt fence with straw wattle fiber roll temporary protection barrier along both sides of Easton Creek for the duration of site preparation activities.
- Place approximately 950 linear feet of 4-foot-tall temporary concrete block protection barrier along both sides of Easton Creek for the duration of site preparation activities.
- Place approximately 320 linear feet of 2-foot-tall silt fence with straw wattle fiber roll temporary protection barrier along the muted tidal wetland for the duration of site preparation activities.
- Install approximately 2,930 linear feet of six-foot-tall chain link construction fencing with screening fabric along the perimeter of the project site for the duration of site preparation activities.
- Shoreline Protection
- Place approximately 80 cubic yards of riprap over an approximately 570-square-foot area on the north bank of the muted tidal wetland.
- Construct a cobble berm over an approximately
1,750-square-foot area on the south bank of the muted tidal wetland consisting of approximately 190 cubic yards of rounded 4-inch by 8-inch cobble at a thickness of approximately 24 inches, and cover with 18-inch-thick landscaping layer.
- Public Access Improvements
Construct an approximately 0.27-acre public access area, including an approximately 1,228-square-foot amphitheater seating area; approximately 25 linear feet of 10-foot-wide sidewalk; approximately 125 linear feet of 20-foot-wide sidewalk; approximately 1,348 square feet of pavement; and approximately 8,680 square feet of landscaping (to replace 150 linear feet of
10-foot-wide sidewalk and a 114-linear-foot and 12-foot-wide Bay Trail segment). - Stormwater Infrastructure
- Construct a 997-square-foot bioretention area lined with an impermeable HDPE liner and containing a permeable rock layer, biotreatment soil mix layer, and planting.
- Construct associated storm drain infrastructure, including approximately 340 linear feet of storm drain pipe, 50 feet of 4-inch slotted drain pipe, four overflow inlets, two cleanouts, one catch basin, three approximately 4-square-foot riprap aprons, and one manhole.
Note: The activities described above are part of a demolition and site-preparation project covering a total 12.5-acre project site, with only approximately 3 acres taking place within the Commission’s jurisdiction. The applicants are the project proponents for the Peninsula Crossing project, a proposed biotechnology and office project for which a future BCDC major permit application is anticipated. The Peninsula Crossing project has received local discretionary approvals, including certification of an Environmental Impact Report pursuant to the California Environmental Quality Act, and is currently undergoing permitting with the Regional Water Quality Control Board and the California Department of Fish and Wildlife for proposed work along Easton Creek.
As part of the Peninsula Crossing project, the applicants plan to raise site elevations to account for potential sea level rise impacts, which will require time for the site to settle before construction could begin. The applicants are seeking authorization for demolition and site preparation activities in advance of the major permit application in order to reduce the overall amount of time between future permit approvals (if received) and completion of the project, including a number of public access improvements. The work associated with Application No. M2024.005.00 will result in the demolition of all existing site features, excavations at the sites of the buildings proposed in the Peninsula Crossing project, and the placement of lightweight fill and imported soils to raise site elevations. It will also create an expanded public access area adjacent to and replacing a portion of an existing Bay Trail segment. If a permit for this work is issued prior to Commission’s consideration of a major permit for the Peninsula Crossing project, it would not preclude the Commission’s ability to seek changes to, condition, or deny the future major permit application, including with respect to required maximum feasible public access, associated with the project.
Recommend Approval with Conditions. Katharine Pan; 415/352-3650 or katharine.pan@bcdc.ca.gov
Edward Dudensing
224 Sea Cliff Avenue
San Francisco, CA 94121
BCDC Permit Application No. M2024.011.00
Within the Commission’s 100-foot shoreline band jurisdiction, at 224 Sea Cliff Avenue, in the City and County of San Francisco.
Remove to the greatest extent possible the existing unpermitted concrete staircases, retaining walls, and landings, including.
- Demolition by hand of all concrete structures other than those deemed by on-site geotechnical engineers, geologists,and structural engineers to be essential for cliff stability.
- Replacement in-kind of existing approximately 223-square-foot shotcrete soil protection between lower and upper patios.
- Placing a new 8-by-10-foot wire mesh netting and 15-foot-long rock bolts or shotcrete as needed on cliff face near lower stairs to stabilize the rock, as deemed by on-site geotechnical engineers, geologists, and structural engineers to be essential for cliff stability.
- Place new concrete support wall measuring approximately 6 feet by 10 feet between existing pier and cliff face at concrete outcropping above lower stairs.
- Authorize the following structures to remain for cliff stability (following removal of paint and hard edges):
- Concrete retaining walls and buttresses constructed before 2002, including:
- Seven approximately 8-foot-high buttresses, measuring 12”x6’8”, 15”x5’, 19”x5’6”, 21”x11’4”, 11”x2’, 14”x3’3”, and 16”x14’3”.
- Two approximately 4-foot-high retaining walls, measuring 27’x8’7” and 16’5”x3’7”.
- Two approximately 6-inch-deep concrete landings constructed after 2002, each measuring approximately 17’12”, 6’8” and 10’3”x8’7”.
- The base of the a stairway segment measuring approximately 14’9”x6’11”.
- Concrete retaining walls and buttresses constructed before 2002, including:
- Authorize the following ancillary structures to remain:
- An approximately 288-square-foot concrete lower patio.
- An approximately 90-square-foot concrete staircase between the upper and lower patio.
- An approximately 100-square-foot portion of the 172-square-foot concrete promenade attached to the lower patio, following removal of approximately 24 square feet of the existing promenade and 19 feet of the existing eastern wall of the promenade.
- Construct a new 3-foot-long and 3.5-foot tall barrier wall on the promenade.
Note: This project is related to BCDC Enforcement Case ER2004.019.00. The project site includes a private parcel, a parcel owned by the City and County of San Francisco, and land leased from the State Lands Commission. The project will remove the majority of an unpermitted staircase and related concrete structures from the Commission’s jurisdiction. Some structures have been deemed necessary to remain in place to maintain stability of the cliffside and will be authorized for the minimum amount necessary, to be determined by on-site geotechnical engineers, geologists, and structural engineers, and approved by BCDC engineering staff. On private property, some ancillary structures will also be authorized to remain. The portion of the project taking place on land owned by the City and County of San Francisco will require a permit from the San Francisco Department of Real Estate to allow the applicant to conduct work on public property, which has not yet been received. The BCDC permit will be conditioned to require submission of the Department of Real Estate permit prior to commencing work on public property. The permit will also include conditions to ensure that any remaining structures are as physically and visually unobtrusive as possible.
Recommend Approval with Conditions. Katharine Pan; 415/352-3650 or katharine.pan@bcdc.ca.gov
Town of Tiburon
1505 Tiburon Blvd
Tiburon, CA 94920
BCDC Permit Application No. M2023.024.00
Within the Commission’s Bay and Shoreline Band jurisdictions, at the junction of Main Street and Beach Road, Tiburon, in Marin County.
Conduct repairs to the Tiburon Main Street Bridge to protect against further deterioration. Approximately 650 square feet of spalled concrete and corroded rebar will be removed and replaced and 7-foot-tall by 65-foot-long vertical steel trench plates embedded approximately four feet into the ground will be installed on the Bridge’s landward side to protect against scour caused by future wave run up. Existing riprap at the toe of the bridge will also be temporarily removed and replaced following construction. The project will be conditioned to minimize impacts to Bay resources and to public access in the area during construction, including all work to occur at the lowest tide during dry conditions, use of debris mats, and restoring all disturbed areas to pre-project conditions. During construction, the southbound lane on Main Street will be closed for approximately four weeks and traffic will be controlled on the single open lane using flaggers and signage.
Recommend Approval with Conditions. Sam Fielding; 415/352-3665 or sam.fielding@bcdc.ca.gov
San Mateo County Parks Department
455 County Center, 4th floor
Redwood City, CA 94063
BCDC Permit Application No. M2014.015.00
Within the Commission’s 100-foot shoreline band jurisdiction, at the Coyote Point Recreation Area at 1701 Coyote Point Drive, in the City of San Mateo, San Mateo County.
Conduct the following activities to repair a mudslide:
- Site preparation and demolition:
- Remove an existing walkway and re-grade to a 10-foot-wide pathway with an approximately 1.8-percent slope.
- Grub and re-grade an approximately 210-square-foot landscaped area between the walkway and the retaining wall to an approximately 5-percent slope for approximately 8 to 10 feet.
The pre-existing tree on site will be maintained and protected during construction.
- Construction, repairs, and installations:
- Construct approximately 80 linear feet (80 square feet) of steel soldier pile and concrete lagging retaining wall that will range from approximately 3 to 10 feet in height.
- Repair an approximately 410-square-foot damaged segment of paved pedestrian walkway.
- Re-landscape an approximately 210-square-foot landscaped area.
- Place approximately 3,800 square feet of erosion control fabric down-slope of the retaining wall.
- Place approximately 80 linear feet of cable fencing between the walkway and the retaining wall.
Department of Water Resources
715 P Street, 6th Floor
Sacramento, CA 95814
BCDC Permit Application No. M2024.020.00md
Within the Commission’s Managed Wetland and Bay jurisdictions, at Property 631 Meins Landing on Montezuma Slough, 5404 Birds Landing Road, Birds Landing, in Solano County.
Install 825 linear feet of 20-foot-long steel sheet pile bulkhead walls to stabilize 24 exterior levee erosion sites of a managed wetland along Montezuma Slough (representing approximately 5.2% of the site’s full exterior levee). The work will be completed over two seasons: During the 2024 work season, 553 linear feet of steel sheet pile bulkhead walls will be installed, and 272 feet during the 2025 work season. The new sheet pile walls will be backfilled with approximately 1,100 cubic yards of native material from the adjacent managed wetlands and cattail and tule root stock will be planted. The project will result in approximately 206.25 square feet of new fill within a managed wetland of the primary management area. The project will be conditioned to ensure the protection of tidal marsh habitat and Bay resources, including construction to occur during low tides to minimize in-water work, adhering to the environmental work window, and only accessing project sites from land. There are no existing public access requirements in the vicinity, and no new improvements are proposed as part of this project.
Recommend Approval with Conditions. Sam Fielding; 415/352-3665 or sam.fielding@bcdc.ca.gov
Emergency permits
The Executive Director has issued the following emergency permit since the last listing.
835 E. 14th Street
San Leandro, CA 94577
Emergency Permit No. E2024.003.00
The project involved demolition of the former Harbor Master’s Office, a pile-supported structure at the San Leandro Marina, which was damaged by a fire on December 27, 2023. Demolition included removal of the burnt building structure, the decking, and the suspended gangway. The burned top portions of the deck piles will be removed, but the undamaged portions of the deck piles will remain in place for removal at a later date as part of a separate project. Work was conducted from barges and involved use of a containment boom placed around the deck structure to catch any falling debris. The emergency authorization included requirements to follow best management practices to limit potential impacts to Bay resources. The work was authorized through the emergency permitting process on June 14, 2024, and work completed on June 20, 2024.
Katharine Pan; 415/352-3650 or katharine.pan@bcdc.ca.gov
Meeting Minutes
Audio Recording & Transcript
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