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Meeting Agenda
March 2020

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

 

Wednesday March 11, 2020, 9:00am

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. Informational Briefing on Marine Mammal Research

Briefing by Brandon Southall, Southall Environmental Associates, Inc., on research on the effects of anthropogenic noise on marine mammals.

7. Executive Director's Report

a.  Executive Director's Report

b. Commission Correspondence

Consideration and potential action on Commission correspondence.

c. Legislative Report

Status report and possible action on pending legislation. (JA/SC-SF)

d.  California Coastal Commission Public Review Draft Five-Year Strategic Plan (2020-2025)

Review and discussion of the public comments received on the Coastal Commission's Public Review Draft Strategic Plan for the next five years (2020 - 2025). No Commission action. (JA/MJ/SG -SF)

e. Informational Report on 1982 Hollister Ranch Public Access Program

. Informational presentation by staff. No Commission action. (JA/SC/LL-SF)

f. Interagency AgreementPostponed

Public hearing and Commission authorization to enter into an Interagency Agreement with the California Department of Transportation (Caltrans) for 2020-2025 to fund the equivalent of 10 staff positions (PY) to provide coordinated review and processing of Caltrans plans and projects. (SH-SF)

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. Local Coastal Programs (LCPs)

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

b.  County of Humboldt LCP Amendment Application No. LCP-1-HUM-16-0075-2 Part B (Cannabis Dispensaries) 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. Consent Calendar (removed from Regular Calendar)

           Motion and Vote

11. Permit Amendments

a. Permit No. 1-15-0205-A2 (Rock & Dwelley, Humboldt Co.)

Request by Leland Rock & Charles and Sally Dwelley to amend permit granted for seasonal extraction of up to 100,000 cu.yds. of river run aggregate (sand and gravel) per year from dry river channel and related activities to allow for additional five years of extraction activities along lower Van Duzen River from Highway 101 bridge downstream to its confluence with Eel River, Alton area of Humboldt County. (MBK-A)

Energy, Ocean Resources & Federal Consistency

12.  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.

13. Consent Calendar (removed from Regular Calendar)

14. Coastal Permit Applications

a.  Application No. 9-19-1250 (City of Santa Barbara Desalination Facility Improvements)

Application of City of Santa Barbara to relocate and/or replace existing infrastructure associated with desalination facility's intake structure, consisting of weir box, associated pipelines and fittings, and erosion protection, further inland on East Beach in City of Santa Barbara, Santa Barbara County. (TL-SF)

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. Coastal Permit Applications

a.  Application No. 2-19-0586 (Pacifica State Beach Parking Fee Program, Pacifica)

Application of City of Pacifica to re-authorize parking fee program and allow for beach parking lot maintenance activities at north and south parking lots of Pacifica State Beach in Pacifica, San Mateo County. (AB-SF)

        Motion and Vote     Amending Motion and Vote

b. Application No. 2-17-0438 (AMJT Capital and BCPUD, Bolinas, Marin Co.) Postponed

Application of AMJT Capital, LLC and Bolinas Community Public Utility District to redevelop and expand approx. 170-ft long seawall, associated fronting revetment, and connecting public access stairway and ramp, on beach fronting single-family home, at 100 Brighton Ave. in unincorporated community of Bolinas, Marin County. (SP-SF)

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)

           Motion and Vote

20. Local Coastal Programs (LCPs)

a.  Santa Cruz County LCP Amendment No. LCP-3-SCO-19-0148-2-Part A (Permanent Room Housing). Certification Review

Concurrence with the Executive Director's determination that the action by Santa Cruz County accepting certification of LCP-3-SCO-19-0148-2-Part A with modifications (establishing parameters for the new Permanent Room Housing overlay) is legally adequate. (RG-SC)

b. City of Pismo Beach LCP Amendment No. LCP-3-PSB-19-0152-2 (Personal Services)

Public hearing and action on request by City of Pismo Beach to amend the LCP to add personal service uses to the C-1, C-2, R-R, and R-4 districts and include new definitions and proximity limits for such uses. (KB-SC)

c.  City of Pacific Grove LCP Certification No. LCP-3-PGR-18-0093-1 (LUP Update and IP Certification). Certification Review

Concurrence with the Executive Director's determination that the action by City of Pacific Grove accepting certification of LCP-3-PGR-18-0093-1 with modifications (updating the LCP Land Use Plan and certifying a new Implementation Plan for the first time for a complete LCP) is legally adequate. (BO-SC)

21. Post LCP Jurisdiction Map

a.  City of Pacific Grove Post LCP Certification Permit and Appeal Jurisdiction Map

Public hearing and action on draft map that depicts areas within the City of Pacific Grove that are subject to the Commission's permit and appeal jurisdiction after transfer of permit authority pursuant to certification of the LCP. (GB-SF)

22. Coastal Permit Applications

a. Application No. 3-18-1230 (Port San Luis Repair and Maintenance, Avila Beach, San Luis Obispo Co.) Postponed

Application of Port San Luis Harbor District for recurring repair and maintenance of District-owned facilities and infrastructure for five years within District's boundaries in and around San Luis Bay (including Harford Pier, Harford Land Area, Fisherman/Olde Port Beaches, Avila Beach, and Avila Pier) in unincorporated Avila Beach community of San Luis Obispo County. (AM-SC)

b. Application No. 3-20-0014 (Soquel Creek Water District Pure Water Project, Santa Cruz, Capitola and Santa Cruz Co.)

Application of Soquel Creek Water District to construct and operate tertiary treatment facility at Santa Cruz Wastewater Treatment Facility (SC WWTF) in City of Santa Cruz; Seawater Intrusion Prevention Project (SIPP) and monitoring wells at 837 Monterey Ave. in Capitola; and pipelines for conveyance of source water, reverse osmosis concentrate, and advanced purified water between SC WWTF and SIPP sites, all of which spans locations in Cities of Santa Cruz and Capitola-by-the-Sea and unincorporated Santa Cruz County. (RM-SC)

        Motion and Vote

c. Application No. 3-20-0088 (City of Santa Cruz Beach Management Plan, Santa Cruz)

Application of City of Santa Cruz to authorize City's Beach Management Plan at Cowell and Main Beaches for the next five years, including revised provisions to provide additional management measure flexibility (subject to oversight) and provisions for nighttime dry sand curfew (from midnight to one-hour before sunrise), at Cowell and Main Beaches between San Lorenzo Point and Collins Cove in City of Santa Cruz, Santa Cruz County. (RM-SC)

        Motion and Vote

23. Permit Amendments

a.  Permit No. 140-32-A1 (Bell, Los Osos, San Luis Obispo Co.)

Request by Gloria Bell, Diana and Kenneth Bell, James Bell, Vincent Bell, and Jacob Bell to eliminate deed restriction condition requiring demolition of existing second home at time of sale of property at 1457 Los Osos Valley Rd. in the community of Los Osos in San Luis Obispo County. (BO-SC)

        Ex Parte    Motion and Vote    Amending Motion and Vote

b. Permit No. 3-82-199-A8 (Carmel Area Wastewater District Wastewater Treatment Plant Upgrades, Carmel, Monterey Co.)

Request by Carmel Area Wastewater District (CAWD) to amend permit to authorize series of improvements and repairs to wastewater treatment plant, including: 1) after-the-fact recognition of new and repaired wastewater treatment infrastructure, expansion of wastewater treatment service boundaries, and removal of riparian vegetation; 2) additional new development comprised of a new perimeter fence and storage tanks; and 3) authorization of a maintenance program, at CAWD's Wastewater Treatment Plant, all located at 26900 Highway 1 just south of City of Carmel-by-the-Sea and adjacent to Carmel River and Carmel River State Beach in unincorporated Monterey County. (KK-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., Govt. Code § 11126(e)(2)(A)

Bell, et al. v. Bell, et al., Govt. Code § 11126(e)(2)(A) - See item W23a

Citizens for South Bay Coastal Access v. CCC, Govt. Code § 11126(e)(2)(A)

Dunes Development, LLC v. CCC, Govt. Code § 11126(e)(2)(A)

Friends, Artists, and Neighbors of Elkhorn Slough, et al. v. CCC, et al. (Heritage Wester Communities LTD, et al. RPIs), Govt. Code § 11126(e)(2)(A)

Friends of Oceano Dunes, Inc. v. CCC, Govt. Code § 11126(e)(2)(A)

Friends of Oceano Dunes, Inc. v. CCC, Govt. Code § 11126(e)(2)(A)

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

Jack, et al. v. City of Los Angeles, et al. (925 Marco Plane, LLC, et al., RPIs), Govt. Code § 11126(e)(2)(A)

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

O'Neil v. CCC, et al. (C.D. Cal), Govt. Code § 11126(e)(2)(A)

Pacific Palisades Residents Association, Inc. v. City of Los Angeles, et al. (Shram, et al. RPIs), 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 (Pied a Terre), 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)

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

State Lands Commission v. Martins Beach 1, LLC, 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