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Meeting Agenda
April 2019

Monterey County
168 W. Alisal Street, First Floor
Salinas, CA 93901

 

Wednesday April 10, 2019, 9:00 am

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. 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.

      Return to Public Comment 

5.  Public Agency Presentations

Presentation by California State Parks Monterey District on State Parks coastal parks/beaches in the Monterey County area.

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.

          Motion and Vote 

c.  Legislative Report

Discussion and possible action on coastal-related legislation. (JA/SC-SF)

           Motion and Vote
          Motion and Vote
           Motion and Vote 

North Coast District

8.  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.

9.  Consent Calendar (removed from Regular Calendar)

        Motion and Vote 

10. Coastal Permit Applications

a.  Application No. 1-17-0200 (Loleta Community Services District, Humboldt Co.)

Application of Loleta Community Services District to improve Loleta's wastewater treatment system to meet discharge standards by: (1) upgrading existing wastewater treatment facility with new influent pump station, pre-screening rotary drum screen, extended aeration secondary treatment, and ultraviolet disinfection system; (2) repairing existing subsurface pipe that discharges treated wastewater to wetland tributary of Eel River; and (3) installing new land application system for irrigation of approx. 50 acres of agricultural land with treated wastewater. The project is located at the treatment plant at 2656 Eel River Dr. and on surrounding agricultural lands extending southwest of the intersection of Eel River Dr. and Cannibal Island Rd to the Eel River southeast of Duncan Rd, Loleta, Humboldt County. (CK-A)

Energy, Ocean Resources & Federal Consistency

11.  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.

12.  Consent Calendar (removed from Regular Calendar)

          Motion and Vote 

 Please note:  Items W13a and W14a, below will share a combined staff report and   hearing.

 And,  Items W13b and W14b, below will share a combined staff report and hearing.

13. Permit Amendments

a. Permit No. E-08-021-A1 (AT&T Corp., San Luis Obispo Co.)

Request by AT&T Corp. to amend permit to state waters portion of previously approved subsea fiber optic cable to require periodic surveys of cable only after an event or physical phenomenon that could result in a cable becoming unburied, rather than the current practice of every 5 years, Montana de Oro State Park, San Luis Obispo County. (JW-SF)

b. Permit No. E-00-004-A2 (AT&T Corp., Mendocino Co. and San Luis Obispo Co.)

Request by AT&T Corp. to amend state waters portion of previously approved subsea fiber optic cable to require periodic surveys of cable only after an event or physical phenomenon that could result in a cable becoming unburied, rather than the current practice of every 5 years, Manchester State Beach, Mendocino County and Montana de Oro State Park, San Luis Obispo County. (JW-SF)

14. Federal Consistency

a. CC-005-09 (AT&T Corp., San Luis Obispo Co.)

Consistency Certification of AT&T Corp. for portion of Permit No. E-08-021-A1 in federal waters involving amended consistency certification to require periodic surveys of cable only after an event or physical phenomenon that could result in a cable becoming unburied, rather than the current practice of every five years, Montana de Oro State Park, San Luis Obispo County. (JW-SF)

b. CC-078-00 (AT&T Corp., Mendocino Co. and San Luis Obispo Co.)

Consistency Certification of AT&T Corp. for portion of Permit No. E-00-004-A2 in federal waters involving amended consistency certification to require periodic surveys of cables only after an event or physical phenomenon that could result in a cable becoming unburied, rather than the current practice of every five years, Manchester State Beach, Mendocino County and Montana de Oro State Park, San Luis Obispo County. (JW-SF)

c.  CD-0001-19 (Bureau of Indian Affairs, Trinidad) Postponed

Consistency Determination of Bureau of Indian Affairs for federal funding guarantee to Cher-Ae Heights Indian Community of Trinidad Rancheria for 100-room hotel, adjacent to Trinidad Rancheria's existing casino, off Scenic Dr., Trinidad, Humboldt County. (JW-SF)

Enforcement

15.  Enforcement Report

Report by Chief of Enforcement on Statewide Enforcement Program. (LAH-SF)

 Please note:  Items W15.1 and W15.2, below will share a combined staff report and hearing.

          Motion and Vote
          Motion and Vote 

15.1. Consent Cease and Desist Order CCC-19-CD-02 (Mattos, Marin Co.)

Public hearing and Commission action on a proposed administrative order directing and authorizing John Mattos to: 1) remove unpermitted development located within and adjacent to wetlands, including unpermitted fill and culverts, from; and 2) cease and desist from undertaking additional unpermitted development at; 5501 Middle Road, unincorporated Marin County (APN 100-050-32); and 3) resolve civil liabilities. (JD-SF)

15.2. Consent Restoration Order CCC-19-RO-01 (Mattos, Marin Co.)

Public hearing and Commission action on proposed administrative order directing and authorizing John Mattos to: 1) take restorative actions, including: removal, remedial grading, and revegetation activities; 2) provide additional protection of coastal resources on the property to address temporal losses of habitat, including wetlands habitat; and 3) implement long-term monitoring program to ensure successful restoration of restored areas at; 5501 Middle Road, unincorporated Marin County (APN 100-050-32); and 4) resolve civil liabilities. (JD-SF)

North Central Coast District

16.  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.

17.  Consent Calendar (removed from Regular Calendar)

          Motion and Vote 

18. New Appeals

a.  Appeal No. A-2-MAR-19-0007 (North Marin Water District, Inverness, Marin Co.)

Appeal by Owl Mountain LLC on behalf of Young family of Marin County decision granting permit with conditions to North Marin Water District to replace two public water supply storage tanks with new 125,000-gallon tank at terminus of Drakes View Drive in unincorporated Inverness area of Marin County. (EM-SF)

19. Coastal Permit Application

a.  Application No. 2-16-0784 (2 Mirada Ownership Group & Casa Mira Homeowner's Association Mirada Armoring, Half Moon Bay)

Application of 2 Mirada Ownership Group and Casa Mira Homeowner's Association to construct an approx. 240-ft. long tied-back concrete seawall with public access staircase fronting both residential development and California Coastal Trail near where Mirada Road intersects the shoreline at the bridge over Arroyo de en Medio in Half Moon Bay, San Mateo County. (PF/SK-SF)

b.  Application No. 2-18-0727 (San Mateo County Harbor District, Princeton-by-the-Sea, San Mateo Co.)

Application of San Mateo County Harbor District to dredge approx. 1,600 cu.yds. of sediment adjacent to Pillar Point Harbor public boat launch, allow for future sediment knockdown, and temporarily stockpile dredged sediment at Half Moon Bay Airport, in unincorporated Princeton-by-the-Sea area of San Mateo County. (JM/SD-SF)

Central Coast District

20.  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.

21.  Consent Calendar (removed from Regular Calendar)

          Motion and Vote 

22. Local Coastal Programs (LCPs)

a.  San Luis Obispo County LCP Amendment No. LCP-3-SLO-19-0009-1 (Cannabis Regulations)

Public hearing and action on request by San Luis Obispo County to amend the LCP's cannabis regulations to add new definitions and to amend existing definitions and allowed uses. (SC-SC)

          Motion and Vote
         Motion and Vote
          Motion and Vote 

b.  City of Pismo Beach LCP Amendment No. LCP-3-PSB-18-0076-2-Part B (Circulation Element). Certification Review

Concurrence with the Executive Director's determination that the action by the City of Pismo Beach accepting certification of LCP-3-PSB-18-0076-2-Part B with modifications (updating the City's Circulation Element to provide a multi-modal transportation system plan) is legally adequate. (KB-SC)

c.  Santa Cruz County LCP Amendment No. LCP-3-SCO-18-0095-3 (Residential Density). Certification Review

Concurrence with the Executive Director's determination that the action by Santa Cruz County accepting certification of LCP-3-SCO-18-0095-3 with modifications is legally adequate. (RG-SC)

          Motion and Vote 

23. Coastal Permit Application

a.  Application No. 3-18-0814 (City of Capitola Jetty Rehabilitation)

Application of City of Capitola-by-the-Sea to rehabilitate jetty that protects and maintains Capitola Beach, including by retrieving and restacking rock and importing approx. 380 cu.yds. of new rock, on beach and in ocean seaward of the City of Capitola-by-the-Sea in Santa Cruz County. (RG-SC)

b.  Application No. 3-18-0650 (Harbaugh, Monterey Co.)

Application of Darla Harbaugh to redevelop existing 3-story single-family home, redevelop detached carport/workshop, and construct new retaining walls at 172 Spindrift Rd. within the unincorporated Carmel Highlands area south of the City of Carmel-by-the-Sea in Monterey County. (RM-SC)

          Motion and  Vote 

c.  Application No. 3-18-0841 (Santa Cruz Harbor Sheet Pile and Restaurant Replacement, Santa Cruz)

Application of Santa Cruz Port District to (1) demolish existing restaurant on western edge of Santa Cruz Harbor, (2) replace failing sheet pile wall beneath it, (3) rebuild restaurant and expand pier related to it, and (4) authorize previous closure of restaurant and adjacent public pier done pursuant to emergency CDP G-3-16-0067, at 616 Atlantic Ave. just inland of Harbor jetties in Santa Cruz, Santa Cruz County. (SC-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:

Fowler Packing Company v. CCC, Govt. Code § 11126(e)(2)(A)

Hair v. CCC, Govt. Code § 11126(e)(2)(A)

Harris v. CCC, Govt. Code § 11126(e)(2)(A)

In re Border Infrastructure Environmental Litigation, Govt. Code § 11126(e)(2)(A)

Kenneth & Diana Bell v. James A. Bell, CCC et al., Govt. Code § 11126(e)(2)(A)

Longi et al. v. CCC, Govt. Code § 11126(e)(2)(A)

Martins Beach I 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)

Puvunga Wetlands Protectors v. CCC (Beach Oil Minerals, LLC et al. RPIs), Govt. Code § 11126(e)(2)(A)

Kaplan v. CCC (Henson RPI), Govt. Code § 11126(e)(2)(A)

Sierra Club v. CCC (Sweetwater Mesa), Govt. Code § 11126(e)(2)(A)

Spotlight on Coastal Corruption v. CCC, Govt. Code § 11126(e)(2)(A)

Spotlight on Coastal corruption v. Kinsey, Govt. Code § 11126(e)(2)(A)

Sunshine Enterprise LP v. CCC, Govt. Code § 11126(e)(2)(A)

Venice Stakeholders Assn. v. City of Los Angeles et al., 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).

Statewide

24.  Approval of Minutes

25.  Commissioners' Reports

26.  Conservancy Report

27.  Santa Monica Mountains Conservancy Report

28.  Santa Monica Bay Restoration Report

  29.  Deputy Attorney General's Report