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  MAY 2017 AGENDA



(415) 407-3211

active during meeting only

WEDNESDAY MAY 10, 2017 8:30 A.M.

  1.  Call to Order.
  2.  Roll Call.
  3.  Agenda Changes.
  4.  General Public Comment.

Statewide

  1.  Beach and Coastal Dunes Discussion 
    Presentation on coastal processes by Commission technical staff and USGS. Public comments will be included. Agenda and background material will be available on the Commission’s website. (SH/LE/BL-SF)
  2.  Coastal Access Research 
    Presentation by State Coastal Conservancy on research on Californians perspectives about coastal access barriers to coastal access.
  3.  Chair's Report

Statewide

    1. Executive Director's Report
      1.  Executive Director's Report
      2.  Commission Correspondence 
        Consideration and potential action on Commission correspondence.
      3.  Audio and Video Streaming Services Contract for Commission Meetings 
        Commission authorization for Executive Director to enter into a contract for audio-visual services and web streaming broadcast of Commission meetings. (SH-SF)     Motion and  Vote
      4.  Technology Report 
        Briefing and update concerning Commission website and meeting agenda upgrade; and, the coastal data public portal. For discussion only. (AW-ZM-SF)
      5.  Legislative Report 
        Review, discussion and possible action on pending legislation. (JA/SC-SF)

    Energy, Ocean Resources & Federal Consistency

    1. Administrative Calendar 
      1.  Application No. 9-16-1153 (Marine BioEnergy, Los Angeles Co.) 
        Request by Marine BioEnergy, Inc. to install and operate for 3 years up to 5 experimental kelp cultivation moorings offshore of Catalina Island, Los Angeles County. (CT-SF)

    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
    3. Coastal Permit Applications
      1.   Application No. 1-16-1138 (Noyo Harbor District, Mendocino Co.) 
        Application of Noyo Harbor District to repair a "debris wall" that prevents river-born sediment and debris from entering Noyo Harbor Mooring Basin from Noyo River by replacing in-kind 65 linear feet of damaged and/or missing sheet piling and 222 square feet of damaged and/or missing wooden planks, on south side of Noyo Harbor, off of Basin Street, near the southern end of Fort Bragg, Mendocino County. (CK-A)

    Energy, Ocean Resources & Federal Consistency

    1.  Energy, Ocean Resources & 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.  
    2. Consent Calendar (removed from Regular Calendar).
    3. Federal Consistency
      1.  CC-0002-17 (City of San Diego Secondary Treatment Waiver) 
        Consistency Certification by City of San Diego for Environmental Protection Agency National Pollutant Discharge Elimination System Permit for reissuance of secondary treatment waiver under Clean Water Act Section 301(h), covering discharges from Point Loma Wastewater Treatment Plant Discharges offshore of San Diego. (MPD-SF)     Motion and  Vote

    North 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 San Francisco office at (415) 904-5260.
    2. Consent Calendar (removed from Regular Calendar).

    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).
    3. Local Coastal Programs (LCPs).
      1.  LCP-3-STC-17-0016-1-Part A (Multifamily Regulations) 
        Concurrence with the Executive Director’s determination that the request by the City of Santa Cruz to modify the LCP’s Implementation Plan to facilitate multifamily housing developments is de minimis. (RM-SC)
      2.  LCP-3-STC-17-0016-1-Part B (Downtown Signs) 
        Concurrence with the Executive Director’s determination that the request by the City of Santa Cruz to modify the LCP’s Implementation Plan to clarify, simplify and streamline the permitting process for signs is minor. (RM-SC)
      3.  LCP-3-STC-17-0016-1-Part D (Electric Vehicle Charging and Bicycle Parking) 
        Concurrence with the Executive Director’s determination that the request by the City of Santa Cruz to modify the LCP’s Implementation Plan to establish new requirements for the provision of electric vehicle charging equipment and to clarify bicycle parking requirements is minor. (RM-SC)
      4.  LCP-3-MCO-16-0070 (Monterey Cypress Development Standards) 
        Public hearing and action on request by Monterey County to amend the Del Monte Forest LCP’s standards for development within native Monterey cypress habitat. (KK-SC)    Motion and Vote     Motion and Vote    Motion and Vote     Motion and Vote
    4. Coastal Permit Applications
      1.  Application No. 3-16-0233 (South San Luis Obispo County Sanitation District (SSLOCSD) Redundancy and Improvements, San Luis Obispo Co.) 
        Application by SSLOCSD for: 1) redundancy (back-up) infrastructure; 2) after-the-fact recognition of prior development done without a permit; 3) minor flood-proofing; and 4) related development at SSLOCSD wastewater treatment plant at 1600 Aloha Place in the unincorporated community of Oceano in San Luis Obispo County. (DR-SC)      Motion and  Vote     Amending  Motion and  Vote
      2.  Application No. 3-16-0287 (Front Street Cottages, Morro Bay) 
        Application by Whitaker Family Trust to construct 2-story, 6-unit hotel along Morro Bay Embarcadero area at 1170 Front Street in Morro Bay, San Luis Obispo County. (YC-SC)       Motion and Vote -  Withdrawn    Motion and Vote

      CLOSED SESSION
      At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including:
        • 416 Grand Blvd. LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A) – see items F16b & F16c
        • 657 Flower LLC et al. v. CCC (Rudisill et al., RPI), Govt. Code § 11126(e)(2)(A) – see item F16a
        • Banning Ranch Conservancy v. City of Newport Beach et al. (Newport Banning Ranch LLC et al., RPI), Govt. Code § 11126(e)(2)(A)
        • Newport Banning Ranch LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A)
        • Friends of the Canyon v. CCC (Longi et al., RPI), Govt. Code § 11126(e)(2)(A)
        • Fudge v. CCC et al. (Laguna Beach Golf & Bungalow Village LLC, RPI), Govt. Code § 11126(e)(2)(A)
        • Hair et al. v. County of Santa Barbara et al., Govt. Code § 11126(e)(2)(A) – see item Th14b
        • Helping Hand Tools et al. v. California Energy Resources Conservation and Development Comm. et al. (NRG Oxnard Energy Center LLC, RPI), Govt. Code § 11126(e)(2)(A)
        • Lent et al. v. CCC (State Coastal Conservancy, RPI), Govt. Code § 11126(e)(2)(A) – see item Th8a
        • Lynch et al. v. CCC, Govt. Code § 11126(e)(2)(A)
        • Martins Beach 1 LLC et al. v. Turnbull Sanders et al., Govt. Code § 11126(e)(2)(A)
        • Pappas et al. v. State Coastal Conservancy et al. (Rancho Cuarta, RPI), Govt. Code § 11126(e)(2)(A)
        • Ratepayers Assn. of the Monterey Peninsula v. County of Monterey et al. (California American Water Co., RPI), Govt. Code § 11126(e)(2)(A)
        • Rudisill et al. v. CCC (Lighthouse Brooks LLC et al., RPI), Govt. Code § 11126(e)(2)(A) – see item F17a
        • San Diego Navy Broadway Complex Coalition v. CCC (San Diego Unified Port District et al., RPI), Govt. Code § 11126(e)(2)(A)
        • San Diego Unified Port District v. CCC (Sunroad Marine Partners LP, RPI), Govt. Code § 11126(e)(2)(A) – see item Th19a
        • Sierra Club v. CCC (Mulryan Properties LLLP et al., RPI), Govt. Code § 11126(e)(2)(A)
        • Sunshine Enterprises LP v. Lester et al., Govt. Code § 11126(e)(2)(A)
        • Sunshine Enterprises LP v. CCC, 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
              Reception 
              At the conclusion of the meeting on Wednesday, May 10, 2017, or at 5:00 p.m., whichever is later, the Commission will attend a reception by the San Diego Tourism Authority and the San Diego Convention Center Corporation at the USS Midway Museum, located within walking distance of the location of the Commission’s hearings. Please note, the reception will only be held between the hours of 5:00 p.m. – 7:00 p.m. Members of the public are welcome to join the Commission; however, because space is limited, those wishing to attend must make a reservation by contacting Mary Lou Estrada at marylou.estrada@sdcounty.ca.gov or at 619-531-5511.

              Please note 

              This is a social event for the Commission and the public. No lobbying, distribution of materials, signage, or other communication about Commission business should occur at the event. Thank you.