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Meeting Agenda
December 2017

Ocean Institute
24200 Dana Point Harbor Drive
Dana Point, CA 94629

 

Wednesday December 13, 2017

1.  Call to Order

2.  Roll Call

3.  Election of Officers

Commission consideration and possible vote on the election of officers and representatives to the Santa Monica Mountains Conservancy and the Santa Monica Bay Restoration Commission.

      Motion and Vote   

4.  Agenda Changes

5.  General Public Comment

Public comments will be heard at 9:00 am for items not on the agenda, for no more than 30 minutes. At the discretion of the Chair, speakers will be given up to 3 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.

6.  Chair's Report

Statewide

7. Executive Director's Report

a.   Executive Director's Report

b.  Commission Correspondence

Consideration and potential action on Commission correspondence.

c.  2018 Schedule of Meeting Dates and Locations

For discussion and possible action. (VM-SF)

d.  Annual Report of the Conservation/Open Space OTD Program

Discussion item only. (AH-SF)

San Diego Coast District

8.  Consent Calendar

a. Application No. 6-16-1076 (San Diego Gas & Electric Company (SDG&E), San Diego)

Application of SDG&E to perform work on one electrical distribution pole within Torrey Pines State Ecological Reserve, San Diego, San Diego County. (SR-SD)

          Motion and Vote 

Energy, Ocean Resources & Federal Consistency

9.  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.

a.  Briefing on seawater desalination

Informational briefing by Commission staff on coastal resource issues and regulatory requirements related to seawater desalination in California. Informational item only; no Commission action. (AD-SF)

 Item W9a will be limited to a maximum of 1 hour for staff presentation & public comment.

10.  Consent Calendar (removed from Regular Calendar)

          Motion and Vote 

11. Federal Consistency

a.  CD-0004-17 (National Park Service, Santa Barbara Co)

Consistency Determination by National Park Service to install 300-ft. long pier at Scorpion Anchorage on Santa Cruz Island within Channel Island National Park, Santa Barbara County. (CT-SF)

b.  CD-0008-17 (U.S. Forest Service, Monterey Co.)

Consistency Determination by U.S. Forest Service for the strategic community fuel break improvement project on Monterey Ranger District of Los Padres National Forest, Big Sur, Monterey County. (LS-SF)

North Coast District

12.  Deputy Director's Report

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's Arcata office at (707) 826-8950.

13.  Consent Calendar (removed from Regular Calendar)

14. Local Coastal Programs (LCPs)

a.  City of Eureka LCP Amendment No. LCP-1-EUR-17-0063-2 (Cannabis)

Public hearing and action on request by the City of Eureka to amend the certified Implementation Plan to establish regulations for cannabis cultivation, manufacturing, testing, research and development, transportation, distribution, and dispensing and add these uses as principal permitted or conditional uses in certain commercial, industrial, and the Office and Multi-Family Residential zoning districts. (CK-A)

           Ex Parte
           Motion and Vote 

14.5. Coastal Permit Applications

a.  Application No. 1-16-0357 (City of Eureka Shoreline Revetment)

Application of City of Eureka to authorize repair and expansion of shoreline revetment by placing approx. 2,000 tons of rock slope protection along 15x 885 stretch of shoreline. The development was originally approved in part on a temporary basis under an emergency permit. The site is located along shoreline of Humboldt Bay from Truesdale Ave. south towards Hilfiker Lane, Eureka, Humboldt County. (CK-A)

North Central Coast District

15.  Deputy Director's Report

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's San Francisco office at (415) 904-5260.

16. Consent Calendar (removed from Regular Calendar)

17. Local Coastal Programs (LCPs)

a.  San Mateo County LCP Amendment No. 2-SMC-17-0051-2 (Short-term Rental Regulations)

Concurrence with the Executive Director's determination that the San Mateo County request to amend the Implementation Plan (IP) portion of the County certified LCP to add a permitting process to regulate the use of single and multi-family residences as short-term rentals is minor. (RA-SF)         

17.5. Coastal Permit Applications

a.  Application No. 2-17-0671 (ASP LLC, dba World Surf League (WSL), Princeton-by-the-Sea, San Mateo Co.)

Application of WSL to authorize temporary event activities related to “Mavericks Challenge”, one-day, Big Wave surf competition near Pillar Point Harbor, including exclusive use of surfing area, closure of West Trail and Pillar Point Marsh parking lot, and implementation of traffic and parking controls through-out Princeton-by-the-Sea, San Mateo County. (RA-SF)

           Motion and  Vote  

Central Coast District

18.  Deputy Director's Report

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's Santa Cruz office at (831) 427-4863.

19. Consent Calendar (removed from Regular Calendar)

20. Local Coastal Programs (LCPs)

a.  San Luis Obispo County LCP Amendment No. LCP-3-SLO-17-0067-1 (Accessory Dwelling Units)

Concurrence with the Executive Director's determination that the request by San Luis Obispo County to modify the LCP's Accessory Dwelling Unit regulations regarding paved road and owner occupancy requirements is minor. (KK-SC)

b.  City of Capitola LCP Amendment No. LCP-3-CAP-17-0071-2 (Wireless Facilities)

Concurrence with the Executive Director's determination that the request by the City of Capitola to amend its Implementation Plan to update regulations and permitting requirements for wireless telecommunications facilities is de minimis. (RG-SC)

21. New Appeals

a.  Appeal No. A-3-SLO-15-0007 (Centrally Grown Commercial Improvements, San Luis Obispo Co.)

Appeal by Khosro Khaloghli of San Luis Obispo County decision granting permit with conditions to Centrally Grown Holdings, LLC for new restroom, new play structure, conversion of residence to vacation rental, and structural modifications to existing buildings, at 7432 Exotic Garden Dr. in Cambria, San Luis Obispo County. (KK-SC)

           Motion and  Vote 

b.  Appeal No. A-3-SCO-17-0010 (Pietro Subdivision, Santa Cruz Co.)

Appeal by John Hunter, Tracy Inkeles, and Greg Madsen of Santa Cruz County decision granting permit with conditions to Pietro Family Investments for subdivision of existing 39,250 sq.ft. parcel into 8 residential parcels and construction of 8 residential dwelling units at 23905 East Cliff Dr. in Pleasure Point area of Santa Cruz County. (RG-SC)

          Motion and Vote 

c.  Appeal No. A-3-MCO-17-0035 (Ching Test Well, Monterey Co.)

Appeal by Highlands Covenants Group of Monterey County decision granting permit with conditions to Ching Test Well for construction of test water well on vacant parcel at 161-B Spindrift Rd. in Yankee Point neighborhood of Carmel Highlands, Monterey County. (MW-SC)

           Motion and Vote 

San Diego Coast District

22.  Deputy Director's Report

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's San Diego office at (619) 767-2370.

23.  Consent Calendar (removed from Regular Calendar)

           Motion and Vote 

24. Local Coastal Programs (LCPs)

a.  City of Oceanside LCP Amendment No. LCP-6-OCN-17-0039-1 (Part A-Open Space/Zoning Ordinance Update) Certification Review

Concurrence with the Executive Director's determination that action by the City of Oceanside accepting the Commission's certification with suggested modifications is legally adequate. (TR-SD)

b.  City of Carlsbad LCP Amendment No. LCP-6-CAR-17-0054-2 (Prohibited Uses) Time Extension

Public hearing and action on request by City of Carlsbad to extend the 90-day time limit for Commission action up to one year on request by City of Carlsbad to amend the certified Village Master Plan and Design Manual (LUP) and Zoning Ordinance (IP) to clarify that uses prohibited in other chapters of the City's Municipal Code are also prohibited land uses with the Zoning Code. (EP-SD)

           Motion and Vote 

c.  City of Carlsbad LCP Amendment No. LCP-6-CAR-17-0055-2 (Accessory Dwelling Units)

Public hearing and action on request by City of Carlsbad to amend its certified Implementation Plan to revise regulations related to accessory dwelling units consistent with state law. (EP-SD)

           Motion and Vote        Motion and Vote

d.  City of Solana Beach LCP Amendment No. LCP-6-SOL-16-0020-1 (Public Recreation Fee) Adoption of Suggested Modifications Time Extension

Public hearing and action to extend the six-month time period up to one year on request by City of Solana Beach to act and agree to the terms and modifications adopted by the Commission on May 11, 2017 for the City's Land Use Plan. (SR-SD)

           Motion and Vote 

e.  City of Del Mar LCP Amendment No. LCP-6-DMR-17-0011-1 (Temporary Use Permits) Certification Review

Concurrence with Executive Director's determination that action by the City of Del Mar accepting the Commission's certification with suggested modifications is legally adequate. (SR-SD)

f.  City of Del Mar LCP Amendment No. LCP-6-DMR-17-0062-2 (Accessory Dwelling Units) Time Extension

Public hearing and action to extend the 60-day time limit for Commission action for up to one year on request by City of Del Mar to amend the certified Implementation Plan (IP) to establish local regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units. (KC-SD)

           Motion and Vote 

g.  City of San Diego LCP Amendment No. LCP-6-CCP-16-0064-2 (Downtown Mobility Plan)

Public hearing and action on request by the City of San Diego to amend the certified Downtown Community Plan (LUP) to replace the existing Transportation Chapter with new Mobility Element to provide for enhanced pedestrian and bicycle infrastructure. (ML-SD)

           Motion and Vote 

h.  City of San Diego LCP Amendment No. LCP-6-TJN-17-0029-1 (San Ysidro Community Plan Update) Certification Review

Concurrence with Executive Director's determination that action by the City of San Diego accepting the Commission's certification with suggested modifications is legally adequate. (KC-SD)

i.  City of San Diego LCP Amendment No. LCP-6-SAN-17-0056-3 (LDC Revisions)

Concurrence with the Executive Director's determination that the request of the City of San Diego to amend its certified Land Development Code (IP) to repeal certain Planned District Ordinances and adopt new Community Plan Implementation Overlay Zone related to the Uptown Community Plan Update is de minimis. (AL-SD)

j.  City of San Diego LCP Amendment No. LCP-6-SAN-17-0057-4 (Parking Regulations Cleanup)

Public hearing and action on request by City of San Diego to amend the certified Land Development Code to include previously omitted parking ratios related to the North Park Community Plan Update. (AL-SD)

           Motion and Vote 

25. Public Works Plan

a.  North Coast Corridor Notice of Impending Development No. NCC-NOID-0004-17 (SDG&E Pole Relocation)

Public hearing and action on NOID by Caltrans, pursuant to NCC PWP/TREP, to replace existing SDG&E utility poles and install a new stub pole along both sides of Interstate-5 between Birmingham Ave and Manchester Ave, Encinitas, San Diego County. (ZR-LB)

26. Coastal Permit Applications

a.  Application No. 6-15-1988 (Monroe & Sloan, Solana Beach)

Application of Robert Monroe & Norton Sloan to fill 90-ft. long, 7-17 ft. high, 2-11 ft. deep notch in coastal bluff with erodible concrete at 197-201 Pacific Ave., Solana Beach, San Diego County. (DL-SD)

           Motion and  Vote 

b.  Application No. 6-17-0707 (San Diego La Jolla Cove Gates)

Application of City of San Diego to install 2 approx. 3-ft. high gates and related signage on 2 public access stairs leading down to beach, at 1160 Coast Blvd., La Jolla, San Diego, San Diego County. (AL-SD)

c.  Application No. 6-17-0732 (Cabrillo Power I LLC, Carlsbad)

Application of Cabrillo Power I LLC to conduct maintenance dredging of up to 500,000 cu.yds. of lagoon bottom sand within existing approved dredge limits of outer basin of Agua Hedionda Lagoon and deposit on North Beach, Middle Beach, and South Beach in Carlsbad, San Diego County. (EP-SD)

27. Permit Amendments

a.  Permit No. 6-07-021-A2 (Los Penasquitos Lagoon Foundation, San Diego)

Request by Los Penasquitos Lagoon Foundation to amend Special Condition No. 1 to allow as-needed openings of lagoon inlet for additional 5 years, at mouth of Los Penasquitos Lagoon at North Torrey Pines Road (Highway 101), North City, San Diego, San Diego County. (TR-SD)

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:

Kaplan et al. v. CCC (Lisa Henson Revocable Trust, RPI), Govt. Code § 11126(e)(2)(A)

Marina Coast Water District v. CCC (California-American Water Co., RPI), Govt. Code § 11126(e)(2)(A)

Martins Beach 1 LLC et al. v. Turnbull Sanders et al., Govt. Code § 11126(e)(2)(A)

Newport Banning Ranch LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A)

Pappas et al. v. State Coastal Conservancy et al., Govt. Code § 11126(e)(2)(A)

Security National Guaranty, Inc. v. CCC et al, Govt. Code § 11126(e)(2)(A)

Security National Guaranty, Inc. v. State of California et al., Govt. Code § 11126(e)(2)(A)

In re Petition to Office of Administrative Law by Coastal Rights Coalition, Govt. Code § 11126(e)(2)(A)

The Commission is authorized to discuss these matters in a closed session pursuant to Government Code Sections 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code Section 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).

28.  Approval of Minutes

            Motion and Vote 

29.  Commissioners' Reports

30.  Conservancy Report

31.  Santa Monica Mountains Conservancy Report

32.  Santa Monica Bay Restoration Report

33.  Deputy Attorney General's Report