PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:
CONSOLIDATED PERMITTING PROCESS FOR CENTRAL COAST BLUE AND
DELEGATING AUTHORITY TO APPROVE OR DENY FUTURE CONSOLIDATION
REQUESTS
RECOMMENDATION:
1. Adopt a Resolution requesting a consolidated permitting process for Coastal Development Permits for underground infrastructure and wells associated with Central Coast Blue; and
2. Adopt a Resolution delegating authority to the City Manager or their designee to approve or deny future Coastal Development Permit consolidation requests.
BACKGROUND:
Central Coast Blue (CCB), a regional recycled project being led by the City of Pismo Beach, includes components in the Coastal Zone of the City of Grover Beach, County of San Luis Obispo (the “County”), and California Coastal Commission (Commission) original jurisdiction. Section 30601.3 of the California Public Resources Code (PRC) allows for a consolidated permitting process for projects for which the Coastal Development Permit (CDP) authority is shared by a local government and the Commission. In order for the Commission to process and act upon a consolidated CDP application, PRC Section 30601.3 requires that the applicant (City of Pismo Beach), the local government (City of Grover Beach and the County), and the Commission consent to the consolidation.
City staff and CCB consultants have discussed the potential consolidated CDP application with representatives of all permitting agencies and all have indicated support.
Adoption of the Resolution provided as Attachment 1 requesting a consolidated CDP would satisfy the applicant consent requirement of PRC Section 30601.3. Staff and the consultants will process consolidation requests through the remaining jurisdictions prior to the Commission evaluating and making a final determination on the CDP. In this instance, permit consolidation will save time and expense for all jurisdictions involved by streamlining the permitting process, as CCB ultimately has components that will require approval from the Commission.
The treatment facility for CCB is located outside of the Coastal Zone in the City of Grover Beach, therefore development permits for the treatment facility will be processed directly through the City of Grover Beach.
Delegation of Authority
The City receives requests for consolidated CDPs intermittently. To streamline future requests, the City Council may delegate this authority to the City Manager, or designee, allowing that person to make the final decision for consolidation approval or denial based
9.G-1Council Agenda 12-20-2022
on degree of impact to the community. Adoption of the Resolution provided as Attachment 2 would memorialize this delegation of authority.
Conclusion and Recommendation
Consolidated CDP applications will allow for streamlined processing of applications for certain projects where CDP authority is shared by a local government and the Coastal Commission, including the underground infrastructure associated with Central Coast Blue. Staff recommends Council adopt a Resolution (Attachment 1) requesting a consolidated permitting process for infrastructure in the Coastal Zone for Central Coast Blue. Staff also recommends Council adopt a Resolution (Attachment 2) delegating authority to the City Manager or designee to approve or deny future Coastal Development Permit consolidation requests.
FISCAL IMPACT:
No fiscal impact is associated with this action.
ALTERNATIVES:
1. Direct staff to process CDP applications through each individual jurisdiction.
2. Provide alternate direction to staff.
ATTACHMENTS:
1. Resolution – Central Coast Blue Consolidated CDP Authorization
2. Resolution – CDP Consolidation Authority Delegation
Submitted by: Meeting Date: December 20, 2022
Matthew Downing, Community Development Director
City Manager Approval:
9.G-2Council Agenda 12-20-2022
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA REQUESTING A CONSOLIDATED PERMITTING PROCESS FOR
COASTAL DEVELOPMENT PERMITS FOR UNDERGROUND INFRASTRUCTURE
AND WELLS ASSOCIATED WITH CENTRAL COAST BLUE
WHEREAS, Section 30601.3 of the California Public Resources Code allows for a consolidated permitting process for projects for which the Coastal Development Permit (CDP) authority is shared by a local government and the California Coastal Commission (Commission), which would result in the Commission issuing a CDP for the entire project within its and the local government’s CDP authority; and WHEREAS, in order for the Commission to process and act upon a consolidated CDP application, Section 30601.3 of the Public Resources Code requires that the applicant, the local government, and the Commission consent to the consolidation, provided that public participation is not substantially impaired by the consolidation; and WHEREAS, Central Coast Blue includes underground infrastructure and wells located under the CDP authority of the City of Grover Beach, the County of San Luis Obispo, and the Commission and would otherwise require a CDP from all three agencies for the portions located within each jurisdiction; and
WHEREAS, public participation will not be substantially impaired as the Commission will hold a public hearing on the project, allowing interested parties to submit timely comments to the Commission and/or attend said hearing, and which consolidated permit process will allow for the underground infrastructure and wells to be evaluated in their entirety.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes and requests a consolidated Coastal Development Permit process for the underground infrastructure and wells in the Coastal Zone for Central Coast Blue.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 20th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.G-3Council Agenda 12-20-2022
Attachment 1
RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA DELEGATING AUTHORITY TO THE CITY MANAGER TO APPROVE
OR DENY COASTAL DEVELOPMENT PERMIT CONSOLIDATION REQUESTS WHEREAS, Section 30601.3 of the California Public Resources Code allows for a consolidated permitting process for projects for which the Coastal Development Permit (CDP) authority is shared by a local government and the California Coastal Commission (Commission), which would result in the Commission issuing a CDP for the entire project within its and the local government’s CDP authority; and WHEREAS, in order for the Commission to process and act upon a consolidated CDP application, Section 30601.3 of the Public Resources Code requires that the applicant, the local government, and the Commission consent to the consolidation, provided that public participation is not substantially impaired by the consolidation; and WHEREAS, requests for a consolidated CDP process often require a very quick turnaround, making it necessary to expedite requests by having the City Manager, or designee, approve or deny a consolidation request in most cases; and WHEREAS, since Public Resources Code Section 30601.3 does not specifically confer authority to the City Manager to approve or deny consolidation of CDP permitting to the Commission, it is necessary for the City Council to grant authority to the City Manager to approve or deny requests for consolidation of CDP permitting to the Commission when the City Manager or designee deems such requests to be consistent with Public Resources Code Section 30601.3.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby grants authority to the City Manager, or designee, to approve or deny Coastal Development Permit consolidations requests.
BE IT FURTHER RESOLVED by the City Council of the City of Pismo Beach that public participation will not be substantially impaired by the Council’s delegation of ongoing authority to the City Manager to approve or deny Coastal Development Permit consolidation requests from the Commission under Public Resources Code Section 30601.3 because the Commission will likely hold a public hearing on consolidated CDP applications, allowing interested parties to submit timely comments to the Commission and/or attend the hearing on the project to submit oral testimony, and the consolidated permit process will allow for projects to be evaluated in their entirety.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 20th day of December 2022, by the following vote:
9.G-4Council Agenda 12-20-2022
Attachment 2
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.G-5Council Agenda 12-20-2022
Attachment 2