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     AUGUST 2016 AGENDA


Hilton Santa Cruz/Scotts Valley
6001 La Madrona Drive
Santa Cruz, CA 95060



(415) 407-3211

active during meeting only

WEDNESDAY AUGUST 10, 2016 9:00 A.M.

  1.  CALL TO ORDER
  2.  ROLL CALL
  3.  AGENDA CHANGES
  4.  GENERAL PUBLIC COMMENT
    Public comments will be heard at 9:00 am for items not on the agenda, for no more than 30 minutes. For those unable to attend the early comment period, there may be additional comment time available later in the day. Note: Comments made during the general public comment period regarding matters pending before the Commission do not become part of the official record for those matters.      Return to Public Comment
  5.  CHAIR'S REPORT

STATEWIDE

  1.  Acting Executive Director's Report .
    1. Executive Director's Report
    2. Legislative Report
      Legislative report and possible Commission action. (JA/SC-SF) 
    3.  Budget Update
      Presentation and possible discussion of Commission's use of federal grant funds, upcoming Coastal Zone Management Act Section 312 evaluation, and other background budget information. Informational item only. (SH/MJ-SF)
    4.  Interagency Agreement
      Public hearing and Commission authorization to enter into Interagency Agreements with San Francisco Bay Conservation and Development Commission (BCDC) and the State Coastal Conservancy (SCC). Approval of the transfer of federal funds to BCDC and SCC for implementation of the California Coastal Management Program for Fiscal Year 2016-2017. (MJ-SF)     Motion and Vote       Motion and Vote
    5.  Public Education Grant Program
      Public hearing and action on proposed targeted grant awards from sales of the WHALE TAIL License Plate. (SBL-SF)     Motion and Vote
    6.  2016 and 2017 Schedules of Meeting Dates and Locations
      Possible discussion and Commission action to adjust Commission meeting locations in 2016 and 2017. (JA/SH-SF)       Motion and Vote
6.5
 STATUS REPORT ON EXECUTIVE DIRECTOR SEARCH PROCESS
(SH/MW-SF) 

ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY

  1.  ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY.
    Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development. For specific information contact the Commission's Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240.
    1.  Informational Briefing on California Ocean Plan Desalination Amendment
      Briefing on the background and requirements of the 2016 amendment to the California Ocean Plan regarding seawater desalination facilities, with Jonathan Bishop, Chief Deputy Director of the State Water Resources Control Board. (AD-SF)
    2.  Proposal to Upgrade Mandalay Generating Station
      Report by Commission staff and possible Commission action under Coastal Act §30413(d) on application for certification to California Energy Commission by NRG, Inc. to replace Units 1 and 2 of Mandalay Generating Station with 262-MW Puente Power Project, in Oxnard, Ventura County. (JS-SF) POSTPONED
    3.  Proposal to Modify Huntington Beach Energy Project
      Report by Commission staff and possible Commission action under Coastal Act §30413(d) on amended application for certification to California Energy Commission by AES Southland Development, LLC to modify the previously approved Huntington Beach Energy Project, in Huntington Beach, Orange County. (TRL-SF)      Motion and Vote
    1.  CONSENT CALENDAR (removed from Regular Calendar).
      See Agenda Categories .

      NORTH COAST DISTRICT

      1.  DEPUTY DIRECTOR'S REPORT.
        Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's Arcata office at (707) 826-8950.
      2.  CONSENT CALENDAR (removed from Regular Calendar).      Motion and Vote
        See Agenda Categories .
      3. COASTAL PERMIT APPLICATIONS.
        See Agenda CategoriesAttention: Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See Agenda Categories) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.
        1.  Application No. 1-16-0423 (Humboldt County Public Works Department)
          Application of Humboldt County Public Works Dept. for seasonal extraction of up to 25,000 cu.yds. of river run aggregate (sand and gravel) per year for period of 9 years from dry river channel at river mile 7 on lower Eel River on "Worswick Bar" located off of 1300 Fernbridge Dr., approx. 1,500 feet upstream of Fernbridge, west of Highway 101, in Humboldt County. (MBK-A)
      4. PERMIT AMENDMENTS.
        See Agenda Categories. An Amendment below may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed like other Consent Calendar items (See above) except that if that item is subsequently removed from the Consent Calendar by a vote of 3 or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner material amendments are processed.
        1.  Permit No. 1-08-012-A1 (Northcoast Regional Land Trust, Humboldt Co.)
          Request by Northcoast Regional Land Trust to amend permit granted for wetland restoration of salmonid freshwater rearing habitat and tidal and brackish marsh habitat within 29 acres of diked former tidelands to undertake adaptive management by: (1) spreading approx. 5,500 cu.yds. of fill across 6.8 acres of existing degraded pastureland; (2) spreading approx. 1,380 cu.yds. of fill material across 1.2 ac. of previously restored marsh habitat; and (3) constructing 10 sills within previously restored tidal channels along Wood Creek and Freshwater Slough, at 5555 Myrtle Ave., 2 miles northeast of Eureka, Humboldt County. (MBK-A)

      CENTRAL COAST DISTRICT

      1.  DEPUTY DIRECTOR'S REPORT.
        Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's Santa Cruz office at (831) 427-4863.
      2.  CONSENT CALENDAR (removed from Regular Calendar).
        See Agenda Categories .
      3.  LOCAL COASTAL PROGRAMS (LCPs).
        See Agenda Categories .
        1.  City of Carmel-by-the-Sea LCP Amendment No. LCP-3-CML-16-0005-1 Part A (Affordable Housing Incentives)
          Public hearing and action on request by City of Carmel-by-the-Sea to amend the Implementation Plan's incentives for affordable housing, including by establishing new standards for density bonuses in areas with Core Commercial and Residential/Commercial land use designations, for "Bonus Density" allowances within the R-4 zoning district, and for "Floor Area Bonus" allowances for R-4 and Commercial zoning districts. (KK-SC)      Motion and Vote
      4. NEW APPEALS.
        See Agenda Categories 

         Items 16a and 16b will be combined into a single staff report

        1. Appeal No. A-3-PSB-12-042 (Capistrano Seawall, Pismo Beach)
          Appeal by Commissioners Kinsey and Brennan of City of Pismo Beach decision granting permit with conditions to recognize an already constructed 128-ft.-long, 36-ft.-tall, tied-back, contoured-shotcrete seawall on bluff face at Ocean Blvd. near Capistrano Ave. in Pismo Beach, San Luis Obispo County. (BO-SC) POSTPONED
        2. Appeal No. A-3-PSB-12-043 (Vista del Mar Seawall, Pismo Beach)
          Appeal by Commissioners Kinsey and Brennan of City of Pismo Beach decision granting permit with conditions to recognize an already constructed 144-ft.-long, 30-ft.-tall, tied-back, contoured-shotcrete seawall on bluff face at Ocean Blvd. near Vista Del Mar Ave. in Pismo Beach, San Luis Obispo County. (BO-SC) POSTPONED
        3.  Appeal No. A-3-MCO-16-0017 (Moro Cojo Affordable Housing, Monterey Co)
          Appeal by Jane Haines of Monterey County decision granting permit amendment to Community Housing and Improvement Systems and Planning Association, Inc. (CHISPA) for reduction of affordable housing term for 161 existing single-family homes near Castroville Blvd. in unincorporated Prunedale, North Monterey County. (BO-SC)   Ex-Parte    Motion and  Vote
        4.  Appeal No. A-3-CML-16-0057 (Henderson, Carmel-by-the-Sea)
          Appeal by Commissioners Shallenberger and Howell of decision by City of Carmel-by-the-Sea granting permit with conditions to Wellington Henderson Jr. for construction of 8-ft.-tall, 63-ft.-long upper bluff wall with faux bluff facing and drainage and landscaping improvements on bluffs fronting 26336 Scenic Rd., along Carmel Beach in Carmel-by-the-Sea, Monterey County. (MW-SC)
        5.  Appeal No. A-3-STC-16-0063 (Overnight RV Parking Restrictions, Santa Cruz)
          Appeal by Robert Norse of City of Santa Cruz decision prohibiting RV parking on City of Santa Cruz streets between midnight and 5:00 a.m. in City of Santa Cruz, Santa Cruz County. (RB-SC)     Motion and  Vote
        6.  Appeal No. A-3-SCO-16-0069 (Verizon Wireless, Santa Cruz County)
          Appeal by Coalition to Preserve Scenic La Selva of Santa Cruz County decision granting permit with conditions to Verizon Wireless for construction of 48-ft.-tall wireless communications facility camouflaged as agricultural water tower, including 9 panel antennas located within the "tank,"" 2 equipment shelter cabinets, and an emergency generator all contained within fenced 40' x 40' leased area, at 105 Alta Dr., La Selva Beach, Santa Cruz County. (RG-SC)     Motion and Vote
      5. COASTAL PERMIT APPLICATIONS.
        See Agenda CategoriesAttention: Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See Agenda Categories) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.
        1.  Application No. A-3-SLO-09-058 (Cayucos Del Mar Mixed Use, San Luis Obispo Co.)
          Application of Frank DeCicco to subdivide and construct 4-unit residential and 18-unit hotel development, including underground parking and related landscaping and drainage improvements, at Ocean Blvd. and Old Creek Rd. in Cayucos, San Luis Obispo County. (DR-SC) POSTPONED
        2.  Application No. A-3-SLO-15-0001 (Loperena, San Luis Obispo Co.)
          Application of Jack Loperena to construct approx. 2,200 sq.ft. single-family home on north end and seaward side of Studio Dr. fronting Cayucos State Beach in Cayucos, San Luis Obispo County. (DR-SC)      Motion and Vote

       STATEWIDE

      CLOSED SESSION
      At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including:
      • AquaLegacy Development LLC v. CCC et al., (Case No. M125474), Govt. Code § 11126(e)(2)(A)
      • AquaLegacy Development LLC v. CCC et al., (Case No. H042782), Govt. Code § 11126(e)(2)(A)
      • Fiery et al. v. California Dept. of Fish & Game et al., Govt. Code § 11126(e)(2)(A)
      • Friends of Martin's Beach v. Martins Beach 1 LLC et al., Govt. Code § 11126(e)(2)(A)
      • Surfrider Foundation v. Martins Beach 1 LLC et al., Govt. Code § 11126(e)(2)(A)
      • Friends of the Canyon v. CCC (Longi et al., RPI), Govt. Code § 11126(e)(2)(A)
      • Grassroots Coalition v. CCC (Lester et al., RPI), Govt. Code § 11126(e)(2)(A)
      • Hanscom v. CCC et al. (MDR Hotels LLC et al.), Govt. Code § 11126(e)(2)(A)
      • Pappas et al. v. State of California et al., Govt. Code § 11126(e)(2)(A)
      • Rubino v. CCC et al. (Mendocino Land Trust, RPI), Govt. Code § 11126(e)(2)(A)
      • San Clemente Vacation Rental Alliance v. City of San Clemente et al. (CCC, RPI), Govt. Code § 11126(e)(2)(A)
      • Seacliff Beach Colony Homeowners Assn. v. State of California et al., Govt. Code § 11126(e)(2)(A)
      • Sea World LLC v. CCC, Govt. Code § 11126(e)(2)(A)
      • Smith v. Benefiel et al., Govt. Code § 11126(e)(2)(A)
      • Surfrider Foundation et al. v. CCC (County of Santa Barbara et al.), Govt. Code § 11126(e)(2)(A)
      • Water Ratepayers Assn. v. County of Monterey et al. (California American Water Co., RPI), Govt. Code § 11126(e)(2)(A)
      The Commission is authorized to discuss these matters in a closed session pursuant to Government Code § 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code § 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code § 11126(a). 

      1.  APPROVAL OF MINUTES      Motion and Vote  
      2.  COMMISSIONERS' REPORTS
      3.  CONSERVANCY REPORT
      4.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT
      5.  SANTA MONICA BAY RESTORATION REPORT
      6.  DEPUTY ATTORNEY GENERAL'S REPORT