Showing posts with label California Coastal Commission. Show all posts
Showing posts with label California Coastal Commission. Show all posts

Friday, August 28, 2020

CALIFORNIA COASTAL COMMISSION Appeal No. A-3-MRA-19-0034 (California American Water Company, et. al., Monterey Co.) & Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.): Staff Recommendation: Denial of De Novo Permit; Denial of Regular Permit

ABSTRACT: California Coastal Commission STAFF REPORT: DE NOVO APPEAL and CONSOLIDATED COASTAL DEVELOPMENT PERMIT
Appeal No: A-3-MRA-19-0034
Local Government: City of Marina
Decision: Denial
Application No.: 9-19-0198
Applicant: California American Water Company
Appellants: California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga
Project Location: Wellfield at the site of the CEMEX, Incorporated sand mining facility in the City of Marina, Monterey County, and pipelines and associated infrastructure within the Cities of Marina and Seaside, the County of Monterey, and the Commission’s retained jurisdiction.
Project Description: Construct and operate a slant well field, associated water transmission pipelines and related infrastructure within the coastal zone to support a proposed desalination facility located inland of the coastal zone.
Staff Recommendation: Denial of De Novo Permit; Denial of Regular Permit

California Coastal Commission

Draft Meeting Agenda
September 2020

September 17. 2020
9:00 a.m.

Energy, Ocean Resources and Federal Consistency
Items Th3a and Th4a below will share a combined staff report and hearing
3 New Appeals
a.            September 2020 Appeal No. A-3-MRA-19-0034 (California American Water Company, et. al., Monterey Co.)Appeal No. A-3-MRA-19-0034 (California American Water Company, et. al., Monterey Co.)Appeal by California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga of City of Marina decision denying permit for construction and operation of well field, pipelines, and associated infrastructure at CEMEX sand mining facility, Lapis Road, Marina, Monterey County, to be used to provide source water for desalination facility located outside the coastal zone in Monterey County. (TL-SF) Submit Comment
4 Coastal Permit Applications
b.            September 2020 Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.)Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.)Application of California American Water Company for consolidated permit to construct and operate water delivery pipelines and associated infrastructure within the City of Seaside, County of Monterey, and Commission’s retained jurisdiction to support desalination facility located outside the coastal zone in Monterey County. (TL-SF) Submit Comment

https://drive.google.com/file/d/1VmtLXLs8vOzSuIL_le7grn6liLYR7aAb/view?usp=sharing

STAFF REPORT: DE NOVO APPEAL and CONSOLIDATED COASTAL DEVELOPMENT PERMIT

 

Appeal No. A-3-MRA-19-0034(California American Water Company, et. al., Monterey Co.)












:Live Stream

Thursday, November 14, 2019

CALIFORNIA COASTAL COMMISSION UPDATE ON CAL AM ITEMS Th8a & 9a (November 14, 2019)

UPDATE:
  1. 8 New Appeals
    1. Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.)Appeal by California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga of City of Marina decision denying permit for construction and operation of well field, pipelines, and associated infrastructure at the CEMEX sand mining facility, Lapis Road, Marina, Monterey County, to be used to provide source water for a desalination facility that would be located outside the coastal zone in Monterey County. (TL-SF) Submit CommentSUBSTANTIAL ISSUE FOUND, de Novo Hearing CONTINUED
  2. 9 Coastal Permit Applications
    1. Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.)Application of California American Water Company for consolidated permit to construct and operate water delivery pipelines and associated infrastructure within the City of Seaside, County of Monterey, and Commission’s retained jurisdiction to support a desalination facility that would be located outside the coastal zone in Monterey County. (TL-SF) Submit CommentCONTINUED


UPDATE ON CAL AM ITEMS Th8a & 9a
(as of November 6, 2019)

The Coastal Commission will be holding a public hearing on the proposed Cal-Am water project on Thursday, November 14, 2019, but it will not take a final vote to approve or deny the project. Instead, this item will be continued to a later date. The reason for the change is that Coastal Commission staff met with CPUC staff to discuss the posted staff recommendation on the Cal-Am project. The CPUC staff raised a range of new technical questions regarding water supply and demand, potential ground water impacts, and the Pure Water expansion alternative – all of which require further investigation. The Coastal Commission staff believes that it is essential to hear applicant, agency, and public comments in a public hearing and to explore the key remaining technical questions before the Commission considers voting on the project proposal. The Commission will hold the public hearing in Half Moon Bay (Oceano Hotel & Spa, 280 Capistrano Road, Half Moon Bay), as planned and accept testimony at the Marina offsite location (City of Marina Council Chambers, 211 Hillcrest Ave., Marina), as planned, consistent with the posted hearing procedures. A second hearing will be scheduled, possibly in Scotts Valley in March 2020, where the public will again have ample opportunity to give testimony on the project before a final decision.
Thank you.

Friday, November 08, 2019

CALIFORNIA COASTAL COMMISSION Hearing Procedures & FAQ Agenda Item Th8a & 9a – California-American Water Company Desalination Facility


California Coastal Commission Hearing Procedures
Agenda Item Th8a & 9a – California-American Water Company Desalination Facility
9:00am - Thursday, November 14, 2019
Oceano Hotel & Spa
280 Capistrano Rd., Half Moon Bay
Remote Testimony Available at City of Marina Council Chambers
211 Hillcrest Ave., Marina
Hearing Procedures as of November 6, 2019


FAQ
Agenda Item Th8a & 9a – California-American Water Company
Desalination Facility

NOTEWORTHY EXCERPTS:

4. Why aren’t the Commissioners taking a final vote on this proposal?
It is not unusual for the Commissioners to need more than one hearing to make a final decision on items as complex as the Cal-Am desalination proposal. In this case, Coastal Commission staff met with California Public Utilities Commission (CPUC) staff to discuss the posted staff recommendation on the Cal-Am project. The CPUC staff raised new technical questions about water supply and demand, potential ground water impacts, and the Pure Water expansion alternative – all of which require further investigation. Commission staff therefore decided it was important to hear applicant, agency, and public comments in a public hearing and to explore key remaining technical questions before the Commission considers voting on the project proposal.

5. Will there be any voting on this item?
There will not be a Commission vote on whether to approve or deny the Cal-Am project at the November hearing. However, because item 8a is an appeal of a local permit decision, the Commission may vote on whether the appeal raises a “substantial issue.” If the Commission finds that it does, that will allow the hearing on the appeal to move forward. Then the Commission will open the public hearing and take public comment on whether to approve or deny Cal-Am’s project. The hearing will address all aspects of the project proposed in the coastal zone including the portion in the City of Marina that is on appeal (item 8a) and those portions in the County and Seaside and in the Commission’s own permitting jurisdiction (item 9a). The next hearing on this item will likely be scheduled for March in Santa Cruz.

Monday, November 04, 2019

CALIFORNIA COASTAL COMMISSION: Independent Hydrogeological Review of Recent Data and Studies Related to California American Water’s Proposed Monterey Regional Water Supply Project Weiss Job No. 466-2148, November 1, 2019 (EXHIBIT 7) & Addendum

ABSTRACT:  EXHIBIT 7, the draft report, dated November 1, 2019, to Tom Luster, California Coastal Commission, from William A. McIlvride, PG, CEG, CHG, Senior Project Hydrogeologist, “documents Weiss Associates (Weiss’s) independent hydrogeological review of data and studies related to California American Water’s (Cal-Am) proposed Monterey Regional Water Supply Project (MRWSP).” Selected excerpts, as follows:
The specific study questions the Commission requested technical opinions from Weiss to address are:
1. What were the effects of potential and actual changes in hydraulic gradient since January 2017, and what is the potential for these changes to affect potential seawater intrusion to, and capture of fresh water from, aquifers tapped by the well field?
2. What is the potential for the well field to adversely affect or capture previously unidentified volumes of fresh water? and
3. What are the possible project modifications to avoid or reduce the potential effects?
SUMMARY OF FINDINGS
Weiss’s findings with respect to the Commission’s study questions are addressed in detail in this report and summarized as follows:
1. A steepening of the hydraulic gradient seaward in the Dune Sand Aquifer in 2017 will likely result in a limited to negligible effect on seawater intrusion, and likely result in an increase in the fresh water percentage (FWP) of the well field flow due to capture of fresh water from the aquifers tapped by the well field. The gradient change appears to result from local and regional aquifer recharge due to increased rainfall in the 2016-2017 and 2018-2019 rain years. This is significant to the evaluation of the FWP percentages resulting from the MRWSP since there are significant data gaps with respect to groundwater flow paths in the Dune Sand Aquifer and the transfer of fresh water (total dissolved solids [TDS] < 3,000 milligrams per liter [mg/L]) from the Sand Dune Aquifer to the 180-foot Aquifer. Therefore, to be able to rely on Cal-Am’s model results to accurately predict FWP, Weiss recommends additional data collection to address these data gaps, development of a consensus conceptual site model (CSM) and modifications of the model assumptions based on the CSM, and then calibration of the model to match the effects of these recent rainfall events.
2. The well field capture analysis presented in the project’s Final EIR/EIS appears to be flawed as it does not account for potential freshwater capture beyond the identified capture zone of the well field due to seaward gradients. If such capture is greater than what is already accounted for, it will decrease the ocean water percentage (OWP) in water extracted by the well field. The uncertainty in the range of OWP depends on how the hydrogeology of the Dune Sand Aquifer and underlying Fort Ord Salinas Valley Aquitard (FO-SVA) is interpreted and modeled. It could be reduced through adjustments to the groundwater model and applying it in non-superposition mode to more accurately reflect the site hydrogeology and implications of the TSW pumping results.
3. Potential project impacts on groundwater quantity and quality can be reduced by extending the planned well field intakes seaward by reducing the angle of slant of the wells or by using horizontal wells to shorten the seawater flow path to the well field intakes, thereby increasing the OWP and decreasing the size of the landward capture zone.
RECOMMENDATION
To obtain a more accurate and definitive groundwater capture zone and OWP estimates due to proposed pumping from the MRWSP well field, it is recommended that additional hydrogeologic data be obtained from the 2 square-mile area east of MW-7S so that a single CSM can be accepted to represent that area. In addition, the area west of MW-7, between MW-4 and MW-7, should be investigated to determine potential aquitards contiguous with those at MW-7, and vertical groundwater gradients between the Dune Sand Aquifer and 180-Foot Aquifer. The new data should be incorporated into NMGWM, 2016 which should be modified as follows:
• Change the thickness of the FO-SVA (Layer 3) inland from MW-7, and configure so that the top and bottom of Layer 3 approximates the configuration depicted in the geologic cross-section, such that the top resembles a “stair-step” surface;
• Potentially divide Layer 2 into two or more layers;
• Increase the HK of the Dune Sand Aquifer (Layer 2) in parameter Zones 16 and 20, currently modeled with HK of 2 and 4 ft/day, respectively, to values in the range of 50 to 200 ft/day, more akin to the actual HK for dune sand, and in the middle of the range in values from other sources (Figure 27); and
• Modify HK and VK as appropriate in Layers 2, 3, and 4 of the model in the vicinity of the well field, such that drawdowns in more distant wells, particularly MW-4 and MW-7, are in accord with those estimated from a conservative extrapolation of the TSW drawdown data.
Along with these changes, the model should be run in non-superposition mode in a range of scenarios, and flow lines plotted to illustrate the revised capture pattern. Mass balance information should be obtained for those portions of the model affected by groundwater flow to the well field, and from the Dune Sand Aquifer to the 180-Foot Aquifer, and used to calculate new fresh water capture and OWP estimates.
CLOSING
Weiss Associates’ work at the California-American Water test slant well site and vicinity was conducted under my supervision. To the best of my knowledge, the data contained herein are true and accurate, based on what can be reasonably understood as a result of this project while satisfying the scope of work prescribed by the client for this project. The data, findings, recommendations, specifications, and/or professional opinions were prepared solely for the use of the California Marine Sanctuary Foundation and the California Coastal Commission in accordance with generally accepted professional engineering and geologic practice. Weiss makes no other warranty, either expressed or implied, and is not responsible for the interpretation by others of the contents herein
EXHIBIT 7 document copy is embedded. 

Independent Hydrogeological Review of Recent Data and Studies Related to California American Water’s Proposed Monterey Regional Water Supply Project Weiss Job No. 466-2148
Weiss Associates
November 1, 2019


Addendum to Staff Report for CDP Application 9-19-0918 and Appeal A-3-MRA-19-0034 (California American Water Company

Thursday, October 31, 2019

CALIFORNIA COASTAL COMMISSION STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT: Staff Recommendation: Substantial Issue Exists; Denial of De Novo Permit; Denial of Regular Permit

UPDATE: 
  1. Items Th8a and Th9a below will share a combined staff report and hearing
  2. (The groundwater section staff expected to add today to the staff report for Items Th 8a & 9a will now be posted on Monday, November 4th)

ABSTRACT: STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT
Appeal No: A-3-MRA-19-0034
Local Government: City of Marina
Decision: Denial
Application No.: 9-19-0918
Applicant: California American Water Company
Appellants: California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga
Project Location: Wellfield at the site of the CEMEX, Incorporated sand mining facility in the City of Marina, Monterey County, and pipelines and associated infrastructure within the Cities of Marina and Seaside, the County of Monterey, and the Commission’s retained jurisdiction.
Project Description: Construct and operate a slant well field, associated water transmission pipelines and related infrastructure within the coastal zone to support a proposed desalination facility located inland of the coastal zone.
Staff Recommendation: Substantial Issue Exists; Denial of De Novo Permit; Denial of Regular Permit

STAFF NOTE: This staff report does not currently include a section analyzing the potential groundwater impacts of the proposed project. Due to delays caused by power outages and wildfires, the independent hydrogeologist that the Commission hired to assess hydrogeological impacts has had to delay issuance of his report, which has necessarily delayed this portion of the staff report. Given the complexity of the proposed project, however, and the significant public interest in the project, staff is issuing this staff report early, even without this section, so that the public will have additional time to review the lengthy report. A revised version of this report will be posted on Friday, November 1, that will include the groundwater analysis.

The STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT and EXHIBITS document copies are embedded. 

STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT

November 2019
Thursday, November 14, 2019
Energy, Ocean Resources & Federal Consistency

8 New Appeals
a.            Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.) Appeal by California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga of City of Marina decision denying permit for construction and operation of well field, pipelines, and associated infrastructure at the CEMEX sand mining facility, Lapis Road, Marina, Monterey County, to be used to provide source water for a desalination facility that would be located outside the coastal zone in Monterey County. (TL-SF) Submit Comment
To: EORFC@coastal.ca.gov
Subject: Public Comment on November 2019 Agenda Item Thursday 8a - Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.)

9 Coastal Permit Applications
a.            Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.) Application of California American Water Company for consolidated permit to construct and operate water delivery pipelines and associated infrastructure within the City of Seaside, County of Monterey, and Commission’s retained jurisdiction to support a desalination facility that would be located outside the coastal zone in Monterey County. (TL-SF) Submit Comment
To: EORFC@coastal.ca.gov
Subject: Public Comment on November 2019 Agenda Item Thursday 8a - Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.)

Monday, July 01, 2019

CALIFORNIA COASTAL COMMISSION, APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT, Decision Being Appealed: Consideration of a coastal development permit and ordinance modifying the Beach Fire Management Pilot Program to prohibit wood-fuled fires on Carmel Beach and authorize propane-fueled fires only for a period of one year.

ABSTRACT: On June 20, 2019, the CALIFORNIA COASTAL COMMISSION CENTRAL COAST AREA received an APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT, involving Consideration of a coastal development permit and ordinance modifying the Beach Fire Management Pilot Program to prohibit wood-fuled fires on Carmel Beach and authorize propane-fueled fires only for a period of one year by appellants LaNette Zimmerman, Dr Roy Thomas, Judy Refuerzo and Jeanne McCulloch.  A SYNOPSIS of APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT is featured and the APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT document copy is embedded.


SYNOPSIS 
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT


Appellant(s) LaNette Zimmerman
Dr Roy Thomas
Judy Refuerzo
Jeanne McCulloch

Decision Being Appealed
1. Name of local/port government:
City of Carmel by the Sea

2. Brief description of development being appealed:
Consideration of a coastal development permit and ordinance modifying the Beach Fire Management Pilot Program to prohibit wood-fuled fires on Carmel Beach and authorize propane-fueled fires only for a period of one year.

3. Development's location (street address, assessor's parcel no., cross street, etc.):
Carmel by the Sea Beach between 10th Avenue and Martin Way, Monterey County

Reasons Supporting This Appeal

The City Council of Carmel-by-the-Sea voted on June 4, 2019 to change the Beach Fire Management Pilot Program, in effect, cancelling all wood fires and implementing a propane-only alternative. This action was taken without seeking approval of the Coastal Commission for this change to the existing LCP. Therefore, this appeal is presented to the Commission for consideration to revoke this change and continue the present Beach Fire Management Pilot program in its current form until the end of the Pilot, which is November 30, 2020.

In addition, some other items to consider:

The City of Carmel by the Sea didn't properly notice item 11(CDP 19-194) under Public Hearings for the June 4th City Council Meeting (see attachment 4). For example: item 10 #2 clearly states waive reading in full. However, item 11 does not mention waiving the reading- but inside the packet states "Waive the first reading and introduce an Ordinance. Also, immediately before the vote Councilwoman Reimers amended the Ordinance to change the hours from 4pm-10pm to10am-10pm and the Council did not open the floor to public discussion.

The City of Carmel did not do a CEQA analysis on the use of propane only.

A propane only Ordinance for one year will severely limit the use of the beach during the late afternoon and evening hours. Not everyone one can afford to purchase a propane tank in addition to the propane fueled fire device. These can be very expensive and as such limit people from enjoying the beach. If visitors have traveled from a distance to visit the beach only to find out that wood burning fires are not allowed and even though they have the means to purchase a tank and device, the stores may already be closed or they may not know where to go to purchase such a device. If they do know about the Ordinance, they may not feel comfortable traveling with a large propane tank in their car for a long distance drive.

The current CDP approved Beach Fire Management Pilot Program is consistent with the LCP and does not expire until Nov 30, 2020. The City should see the current Pilot Program through to completion before trying a new program. The entire Council agreed during the June 4th meeting that the current program is working: improving air quality and keeping the beach sand clean. In Mr. Stedman's letter dated May 7, 2019, which was attached to the Council Packet he says, "regardless of which option the City chooses, the need for particulate monitoring should not be necessary as long as there is not a significant expansion to the number of beach fires allowed in Carmel-by-the-Sea"- basically confirming that air quality is not an issue. The only reason for approving a "propane only" pilot the Council provided to the 26 people who spoke that night in favor of continuing the pilot in its current form, was that they simply wanted to try other options. In fact, Carmel already has a "propane only" program, during at least six-months of every year when the fire containers are not out on the beach. The result of that "propane only" program is substantially less use of the beach during the late afternoon and evening. The City has had plenty of time to see how propane only works. This year they did not put out the wood burning devices until the week of May 13th- after: St Patrick's Day, Spring Break, Easter, Cinco-de-Maya, Mother's Day, and the Big Sur International Marathon -limiting people from all over the world the opportunity of enjoying an evening on the beach. With the City's late installation of the wood burning devices on the beach this year, the pits won't be on the beach for the normal 6 month period.

The Mayor and City Council members admitted that beach attendance is down in the evenings, which supports our position that beach public access has been reduced with the current CDP. Since the propane portion of the current CDP has been an unpopular option and a failure relative to the wood fire pits, evening beach access will be further eroded by forcing an all-propane plan. Further, shared wood burning devices are collegial and invite community activity. Beachgoers have voted overwhelmingly for wood fires as evidenced by their actual usage of the wood burning devices and their general disregard for the unlimited use of the propane option

APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT
STATE OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
June 20, 2019

Friday, April 27, 2018

California Coastal Commission: Appeal No. A-3-CML-18-0016 (North Dunes Restoration Plan, Carmel-by-the-Sea), May 10, 2018

ABSTRACT: RE: Appeal No. A-3-CML-18-0016 (North Dunes Restoration Plan, Carmel-by-the-Sea), California Coastal Commission, Draft Meeting Agenda, May 2018, Central Coast District, 13 New Appeals b.Appeal No. A-3-CML-18-0016 (North Dunes Restoration Plan, Carmel-by-the-Sea) Appeal by Maria Sutherland of City of Carmel-by-the-Sea decision amending permit to implement the North Dunes Restoration Plan to allow for additional tree removal in dunes located adjacent to Ocean and San Antonio Avenues fronting Carmel Beach in Carmel-by-the-Sea, Monterey County. (MW-SC) Submit Comment
On the May 10, 2018, the California Coastal Commission will consider Appeal No. A-3-CML-18-0016 (North Dunes Restoration Plan, Carmel-by-the-Sea). APPEAL STAFF REPORT: SUBSTANTIAL ISSUE DETERMINATION ONLY, A-3-CML-18-0016 (NORTH DUNES RESTORATION) MAY 10, 2018 HEARING EXHIBITS and A-3-CML-18-0016 (NORTH DUNES RESTORATION) MAY 10, 2018 HEARING CORRESPONDENCE document copies are embedded.
APPEAL STAFF REPORT: SUBSTANTIAL ISSUE DETERMINATION ONLY
Appeal Number: A-3-CML-18-0016
Applicant: City of Carmel-by-the-Sea
Appellant: Maria Sutherland
Local Government: City of Carmel-by-the-Sea
Local Decision: Coastal development permit (CDP) amendment application number 16-315 approved by the Carmel-by-the-Sea City Council on March 6, 2018.
Location: North Dunes area of Carmel Beach (APN 010-321-007) in the City of Carmel-by-the-Sea, Monterey County.
Project Description: Amendment to existing CDP to authorize additional dune habitat restoration activities in the Carmel Beach North Dunes, including removal of 31 trees (including 17 mature Monterey cypress trees, four mature Monterey pine trees, and 10 trees with a diameter of less than eight inches) and the planting of three Monterey cypress trees along the Ocean Avenue frontage to provide for tree succession in that area.
Staff Recommendation: No Substantial Issue
SUMMARY OF STAFF RECOMMENDATION
The City of Carmel-by-the-Sea approved a coastal development permit amendment (CDP) to remove up to 31 trees within the Carmel Beach North Dunes restoration area. The five-acre North Dunes project site is located on the north and west edge of the City just inland from Carmel Beach and is the largest and most diverse dune habitat remaining in the City. The amendment includes removal of 17 mature Monterey cypress trees and four mature Monterey pine trees together with an additional 10 smaller trees to provide for restoration activities within the sand dunes. Three Monterey cypress trees would be planted in the dunes along the Ocean Avenue parking lot to provide for tree succession in that area. The amendment also provides for timing of the tree removal to avoid bird nesting season.
The Appellant contends that the approved project is inconsistent with both the Carmel-by-the Sea Local Coastal Program (LCP) and the North Dunes and Del Mar Dunes Habitat Restoration Plan (Restoration Plan) policies related to the identification, evaluation, maintenance, and replacement of forest resources within the North Dunes habitat area. After reviewing the local record, Commission staff has concluded that the approved project does not raise a substantial issue with respect to the project’s conformance with the Carmel-by-the-Sea LCP.
In terms of the Appellant’s contentions, the tree removal is intended to enhance habitat values for native dune plant and animal species, and is consistent with the LCP’s environmentally sensitive habitat protection policies and is envisioned in the dune restoration policies that are specific to this particular site. Cypress and Monterey pine trees impede the growth of native dune plants and their duff degrades the delicate soil chemistry upon which native dune species depend. The tree removal will occur mostly within the interior of the North Dunes, an area that provides the greatest opportunity for re-establishment of sensitive dune species and restoration of dune habitat values, and ensures that the remaining tree density is brought closer in line with LCP requirements. Further, the CDP amendment includes planting of three Monterey cypress trees along the Ocean Avenue parking lot to provide for tree succession in that area as called for in the LCP and as necessary to maintain the scenic Carmel Beach / shoreline aesthetic. To the extent that the Appellant is arguing that the amendment does not include additional specific maintenance and tree replacement measures, such arguments are unwarranted including because the authorization to carry out those tasks has been granted via the base CDP for the North Dunes restoration activities and the CDP amendment does not alter any of those measures.
As a result, and as recommended by the Commission’s Staff Ecologist, who has reviewed the local record and concurred that the City’s CDP action will serve as a needed and beneficial project to restore important dune habitat, staff recommends that the Commission determine that the appeal contentions do not raise a substantial LCP conformance issue, and that the Commission decline to take jurisdiction over the CDP for this project. The single motion necessary to implement this recommendation is found on page 4 below.

APPEAL STAFF REPORT: SUBSTANTIAL ISSUE DETERMINATION ONLY

A-3-CML-18-0016 (NORTH DUNES RESTORATION) MAY 10, 2018 HEARING EXHIBITS

A-3-CML-18-0016 (NORTH DUNES RESTORATION) MAY 10, 2018 HEARING CORRESPONDENCE

REFERENCE: California Coastal Commission
Draft Meeting Agenda
May 2018

Friday, December 15, 2017

CALIFORNIA COASTAL COMMISSION ‘Concurred:’ NOTICE OF PROPOSED IMMATERIAL PERMIT AMENDMENT 9-14-1735-A3 / A-3-MRA-14-0050-A3 Application to amend Coastal Development Permits No. 9-13-1735 / A-3-MRA-14-0050 granted to California American Water Company (“Cal-Am”) for constructing, operating, and decommissioning a test well, along Monterey Bay shoreline, Monterey County

ABSTRACT: On Wednesday, December 13, 2017, the California Coastal Commission “concurred” on NOTICE OF PROPOSED IMMATERIAL PERMIT AMENDMENT 9-14-1735-A3 / A-3-MRA-14-0050-A3 Application to amend Coastal Development Permits No. 9-13-1735 / A-3-MRA-14-0050 granted to California American Water Company (“Cal-Am”) for constructing, operating, and decommissioning a test well, along Monterey Bay shoreline, Monterey County. The Energy, Ocean Resources and Federal Consistency Division Deputy Director's Report for December 2017 from Alison Dettmer, Deputy Director and Notice of Proposed Immaterial Amendment: CDP 9-14-1735-A3/A-3-MRA-14-0050-A3 California American Water November 29, 2017 report document copy is embedded.  Requested Amendment: On November 2, 2017 Cal-Am submitted an application to the Commission requesting the CDPs be further amended to allow the existing test well to remain in place for an additional year. Special Condition 6 of the current CDPs requires no later than February 28, 2018 that Cal-Am complete its pump test, cut off, cap, and bury the slant well head, and remove all other associated temporary facilities. Cal-Am is now requesting that deadline be changed to February 28, 2019. As part of its request, Cal-Am states that it will discontinue ongoing operations of the test well and will conduct just limited periodic maintenance pumping (i.e., up to a few hours each week) during the one-year extension.
The purpose of the requested extension is to allow the test well facilities to remain in place while Cal-Am completes its ongoing CEQA and NEPA review processes with the California Public Utilities Commission (“CPUC”) and the Monterey Bay National Marine Sanctuary (“MBNMS”). If the CPUC certifies the CEQA document and approves a Certificate of Public Convenience and Necessity for Cal-Am’s proposed long-term desalination facility, Cal-Am may then apply for CDPs to make the existing test well part of its proposed permanent desalination facility. Should the CEQA and NEPA review process take longer than currently anticipated, Cal-Am may also request a subsequent extension of these CDPs.
NOTICE OF PROPOSED IMMATERIAL PERMIT AMENDMENT
9-14-1735-A3 / A-3-MRA-14-0050-A3
TO: All Interested Parties
FROM: John Ainsworth, Executive Director
DATE: November 29, 2017
SUBJECT: Application to amend Coastal Development Permits No. 9-13-1735 / A-3-MRA-14-0050 granted to California American Water Company (“Cal-Am”) for constructing, operating, and decommissioning a test well, along Monterey Bay shoreline, Monterey County.

REFERENCE:
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.
Concurred
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)

Monday, November 07, 2016

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT MARINA COAST WATER DISTRICT, Plaintiff and Appellant, v. CALIFORNIA COASTAL COMMISSION, Defendant and Respondent; CALIFORNIA-AMERICAN WATER COMPANY, Real Party in Interest and Respondent. H042742 (Santa Cruz County Super. Ct. No. CV180839), Unpublished Opinion, 10/26/2016

ABSTRACT: The unpublished opinion of author Patricia Bamattre-Manoukian, and concurring participants Franklin D. Elia and Nathan D. Mihara, Sixth Appellate District, regarding Marina Coast Water District v. California Coastal Commission (Case Number H042742), document copy is embedded. 
INTRODUCTION Real party in interest California-American Water Company (Cal-Am) wanted to construct and operate a temporary test slant well on private beach property owned by CEMEX, a company that used the site for sand mining. Cal-Am was required to obtain coastal development permits for the project from the California Coastal Commission (Coastal Commission)1 and the City of Marina. In its permit application to the City of Marina, Cal-Am stated that the purpose of the temporary test slant well project was to gather technical data regarding the feasibility of a subsurface water intake system for a potential future desalination project.
The Marina City Council denied Cal-Am’s application for a coastal development permit and Cal-Am filed an appeal to respondent Coastal Commission. After preparing a staff report addressing the environmental impacts of the test slant well project and holding a public hearing, the Coastal Commission issued the coastal development permit sought by Cal-Am.
Appellant Marina Coast Water District (Marina Coast) is a municipal water district that provides water service to 30,000 residential and commercial customers in the City of Marina and the former Ford Ord Army Base. According to Marina Coast, the test slant well will pump groundwater from the Salinas Valley Groundwater Basin from which Marina Coast also pumps groundwater. Marina Coast filed a petition for writ of mandate2 challenging the Coastal Commission’s decision to issue the coastal development permit to Cal-Am, which the trial court denied in its August 24, 2015 judgment.
On appeal, Marina Coast contends that the trial court erred in denying the petition for writ of mandate and the Coastal Commission’s approval of Cal-Am’s coastal development permit should be reversed because the Coastal Commission lacked appellate jurisdiction. Alternatively, Marina Coast contends that the Coastal Commission’s approval violated several provisions of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) For the reasons stated below, we find no merit in Marina Coast’s contentions and we will affirm the judgment.3
CONCLUSION Under the applicable standards of review, we have determined that the Coastal Commission had jurisdiction to hear Cal-Am’s appeal of the City’s denial of Cal-Am’s application for a coastal development permit for the test slant well, since the City Council’s denial of the application was a final action and there was a substantial issue as to conformity with the City’s LCP. We have also determined that Marina Coast failed to show that the Coastal Commission violated CEQA in approving Cal-Am’s coastal development permit for the test slant well. We will therefore affirm the trial court’s August 24, 2015 judgment, which denied Marina Coast’s petition for a writ of mandate challenging the Coastal Commission’s decision.
Unpublished Opinion
BAMATTRE-MANOUKIAN, J.
ELIA, ACTING P.J.
MIHARA, J.

CALIFORNIA COURTS
THE JUDICIAL BRANCH OF CALIFORNIA
Appellate Courts Case Information
6th Appellate District

REFERENCES:
Case Summary

Thursday, October 27, 2016

North Dunes Area Of Carmel Beach, Carmel, Monterey: Consideration of a five year, renewable Coastal Development Permit (CDP 16-315) for habitat restoration, monitoring, and maintenance activities in the North Dunes area of Carmel Beach

CURRENTLY APPEALABLE LOCAL PERMITS

Central Coast District covering Santa Cruz, Monterey, and San Luis Obispo Counties

Local Government CDP Actions Appealable as of: October 27, 2016

Local Application No. CDP 16-315

CCC Post-Cert No. 3-CML-16-0998

Local Jurisdiction City of Carmel
Final Local Action Approved With Conditions
Applicant(s) Marc Weiner

Project Location North Dunes Area Of Carmel Beach, Carmel, Monterey County Apn: 06053-010321007000

Project Description Consideration of a five year, renewable Coastal Development Permit (CDP 16-315) for habitat restoration, monitoring, and maintenance activities in the North Dunes area of Carmel Beach.

Dates
Local Action 10/4/16
Local Action Notice Received 10/14/16
Appeal Period Starts 10/14/16
Appeal Period Ends 10/28/2016