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Meeting Agenda
August 2019

Eureka Public Marina
1 Marina Way
Eureka, CA 95501

 

Wednesday August 7, 2019, 11:00am

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.

5. Chair's Report

Statewide

6. Executive Director's Report

a.  Executive Director's Report

b.  Informational Presentation by the Trinidad Coastal Land Trust

Informational Presentation by the Trinidad Coastal Land Trust to discuss public access, recreation and open space protection in the Trinidad area.

c. Commission Correspondence

Consideration and potential action on Commission correspondence.

d.  Legislative Report

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

e.  2020 Schedule of Meeting Dates and Locations

For discussion and possible action. (JA/VM-SF)

          Motion and Vote 

North Coast District

7.  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.

8.  Consent Calendar (removed from Regular Calendar)

        Motion and Vote 

9. Local Coastal Programs (LCPs)

a.  County of Humboldt LCP Amendment No. LCP-1-HUM-16-0075-2 Part A (Commercial Cannabis Land Use Ordinance - Personal Use Cultivation)

Public hearing and action on request of the County of Humboldt to amend certified implementation plan (IP) to amend existing standards related to indoor cultivation for personal use and add standards for outdoor cultivation for personal use. (MBK-A)

         Motion and Vote       Motion and Vote 

b.  County of Humboldt LCP Amendment No. LCP-1-HUM-16-0075-2 Part B (Commercial Cannabis Land Use Ordinance- Medical Dispensaries)

Public hearing and action on request of the County of Humboldt to amend certified implementation plan (IP) to add standards for medical cannabis dispensaries. (MBK-A)

         Motion and Vote        Motion and Vote 

c.  City of Eureka LCP Amendment No. LCP-1-EUR-19-0004-1 (Cannabis)

Public hearing and action on request of the City of Eureka to amend certified implementation plan (IP) to modify the regulation of commercial cannabis facilities to (1) remove a prohibition on signs for cannabis businesses; (2) allow onsite consumption of cannabis products at cannabis retail facilities including consumption of cannabis topicals, edibles, and/or smoking products; and (3) add a new more-limited cannabis retail facility use type that allows the sale and on-site consumption of cannabis edibles and topicals only (not smoking products). (CK-A)

          Motion and Vote        Motion and Vote 

d.  County of Humboldt LCP Amendment No. LCP-1-HUM-16-0075-2 Part C (Commercial Cannabis Land Use Ordinance) Certification Review

Concurrence with Executive Director's determination that action by the County of Humboldt accepting the Commission's certification with suggested modifications is legally adequate. (MBK-A) 

10. New Appeals

a.  Appeal No. A-1-MEN-19-0046 (AT&T Mobility, Mendocino Co.)

Appeal by Annemarie Weibel of County of Mendocino decision granting permit with conditions to AT&T Mobility for construction and operation of wireless communication facility consisting of 135 ft. tall monopole designed to resemble pine tree within 1,800 sq.ft. fenced compound with generator, equipment cabinet, other appurtenant equipment, driveway improvements, and utility trenching at 30660 Navarro Ridge Rd., approx. 3 miles east of intersection with Highway 1, Mendocino County. (DP-A)

         Motion and Vote 

11. Coastal Permit Application

a.  Application No. 1-18-1078 (California Dept. of Transportation (Caltrans), Humboldt Co.)

Application of Caltrans for the Eureka-Arcata Route 101 Corridor Improvement Project including: closure of median crossings; construction of new interchange at Indianola Cutoff; extensions of highway acceleration/deceleration lanes; replacement of south bound Jacoby Creek bridge; replacement of tide gates; and installation of other roadway improvements. The project location extends along a 6-mile-long segment of Highway 101 along east side of Humboldt Bay, between Eureka Slough Bridge in Eureka and 11th Street overcrossing in Arcata, Humboldt County. (PA-SF)

         Ex Parte 

b.  Application No. 1-19-0407 (Humboldt Bay Harbor, Recreation & Conservation District (Harbor District), Humboldt Co.)

Application of Humboldt Bay Harbor, Recreation & Conservation District to establish and use temporary dewatering basins in upland areas to dewater dredged material for potential beneficial reuse at 2 different locations on Harbor District lands along the shoreline of Humboldt Bay including at Redwood Marine Terminal II south of Samoa off of Vance Avenue and (2) at the Fields Landing Boat Yard off of Depot Road in Fields Landing, Humboldt County. (CD-A)

         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:

11 Lagunita, LLC, et al. v. CCC, Govt. Code § 11126(e)(2)(A)

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

Hubbard et al. v. CCC (Malibu Valley Farms, Inc., RPI), Govt. Code § 11126(e)(2)(A)

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

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

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

Marina Coast Water District v. CCC (Cal-Am, RPI), 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)

Rudisill v. CCC (416 Grand Blvd. et al, RPI), Govt. Code § 11126(e)(2)(A)

Sierra Club v. CCC (Mulryan et al., RPIs), Govt. Code § 11126(e)(2)(A)

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

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

Wall et al. v. CCC, 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).

      Ex Parte on Closed Session 

Statewide

12.  Approval of Minutes     Motion and Vote

13.  Commissioners' Reports

14.  Conservancy Report

15.  Santa Monica Mountains Conservancy Report

16.  Santa Monica Bay Restoration Report

  17.  Deputy Attorney General's Report