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JUNE 2007 AGENDA

HYATT VINEYARD CREEK HOTEL & SPA
170 RAILROAD STREET
SANTA ROSA, CA 95401
(707) 284-1234

This has been updated at 12:30 p.m., Friday, June 15, 2007. 
 

9:00 A.M.

WEDNESDAY, JUNE 13, 2007

1. CALL TO ORDER.

2. ROLL CALL.

NORTH CENTRAL COAST DISTRICT

3. DEPUTY DIRECTOR’S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission’s San Francisco office at (415) 904-5260. [APPROVED]

4. CONSENT CALENDAR(Removed from Regular Calendar). See AGENDA CATEGORIES[APPROVED]

5. NEW APPEALS.  See AGENDA CATEGORIES.

6. LOCAL COASTAL PROGRAMS (LCPs).  See AGENDA CATEGORIES.

7. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIES.  Attention:  Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation.  If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed.  The purpose of this procedural change is to expedite the Commission's coastal development permit process.

8. PERMIT AMENDMENTS.  See AGENDA CATEGORIES.  An Amendment below may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation.  If an item is moved to the Consent Calendar it will be processed like other Consent Calendar items (See above) except that if that item is subsequently removed from the Consent Calendar by a vote of 3 or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner material amendments are processed.

STATEWIDE

ENFORCEMENT

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

There is a single, combined staff report for items 9a and 9b below.

a. Commission Cease and Desist Order No. CCC-07-CD-01 (Schiavon/Smith,  San Mateo County) Public hearing and Commission action on proposed Cease and Desist Order directing Schiavon & Associates and Robert Smith to cease from conducting further unpermitted development and from maintaining unpermitted paved and unpaved roads, fill within and adjacent to a wetland, fencing, and stored construction equipment and materials, and to address the removal of unpermitted development; located on a 52.83 acre property off Frenchman’s Creek Road in San Mateo County, APN 048-310-190. (ANM-SF) [APPROVED]

b. Commission Restoration Order No CCC-07-RO-01 (Schiavon/Smith,  San Mateo County) Public hearing and Commission action on proposed Restoration Order to address restoration of wetland areas disturbed by unpermitted grading, graveling and paving of a road, removal of major vegetation, and storage of construction equipment and materials, with restorative grading and revegetation of native plant species; directed to Schiavon & Associates and Robert Smith, located on a 52.83 acre property off Frenchman’s Creek Road in San Mateo County, APN 048-310-190.  (ANM-SF) [APPROVED]

CENTRAL COAST DISTRICT

10. DEPUTY DIRECTOR'S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission's Santa Cruz office at (831) 427-4863.

An addendum has been appended to the staff report for item 10a below on Tuesday, June 12.

a. City of Carmel-by-the-Sea LCP Amendment No. CML-MIN-1-7 (Minor). Concurrence with Executive Director's determination that request by City of Carmel-by-the-Sea modifications of its certified LCP, to refine standards for Community Plan Districts and Specific Plans, are minor. (MW-SC) [APPROVED]

11. CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES.

12. NEW APPEALS.  See AGENDA CATEGORIES.

13. LOCAL COASTAL PROGRAMS (LCPs).  See AGENDA CATEGORIES.

a. Santa Cruz County LCP Amendment No. SCO-MAJ-1-07 PART 1 (Timber Production Zones). Public hearing and action on request by Santa Cruz County to amend its certified LCP Land Use and Implementation Plans to comply with recent court decisions regarding designation of Timber Production Zones. [APPROVED]
(SC-SC)

See the addendum to the staff report for item 10a below posted  on Wednesday, June 13.
It has also been appended to the full staff report.

b. LCP Amendment Request Number MCO-1-07 (Measure A in Del Monte Forest, Monterey Co). Public hearing and action on request by Monterey County to modify its certified LCP Land Use and Implementation Plans within Del Monte Forest LCP segment as directed by the (year 2000) Measure A initiative, including modifying land use and zoning designations for over 600 mostly undeveloped acres owned by Pebble Beach Co. and eliminating unit caps at the Company’s Spanish Bay Inn and Pebble Beach Lodge properties to facilitate and help implement Pebble Beach Co.'s development and preservation plans, including its remaining holdings, in the unincorporated Del Monte Forest segment of Monterey County located on Monterey peninsula between Cities of Pacific Grove, Monterey, and Carmel. (DC-SC) [DENIED]

14. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIES.  Attention:  Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation.  If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed.  The purpose of this procedural change is to expedite the Commission's coastal development permit process.

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:

Big Creek Lumber Co. et al. v. County of Santa Cruz, CCC et al., Govt. Code § 11126(e)(2)(A)
CCC et al. v. Trancas Property Owners Assn. et. al., Govt. Code § 11126(e)(2)(A)
CCC v. U.S. Department of the Navy et al., Govt. Code § 11126(e)(2)(A)
City of Oxnard v. CCC, Govt. Code § 11126(e)(2)(A)
Coastal Law Enforcement Action Network et al. v. CCC (Pacific Gas & Electric Co., RPI), Govt. Code § 11126(e)(2)(A)
Communications Relay Corp. et al. v. CCC et al., Govt. Code § 11126(e)(2)(A)
Kretowicz et al. v. CCC, Govt. Code § 11126(e)(2)(A)
La Jolla Beach & Tennis Club Partners LP et al. v. CCC (City of San Diego et al., RPI), Govt. Code § 11126(e)(2)(A)
LT-WR LLC v. CCC et al., Govt. Code § 11126(e)(2)(A)
McNamee v. CCC et al., Govt. Code § 11126(e)(2)(A)
Mulholland Land Co. v. CCC, Govt. Code § 11126(e)(2)(A)
Norris et al. v. CCC et al., Govt. Code § 11126(e)(2)(A)
Revell et al. v. CCC et al., Govt. Code § 11126(e)(2)(A)
Riley et al. v. County of Monterey et al. (California American Water Co., RPI), Govt. Code § 11126(e)(2)(A)
Rubinroit v CCC, Govt. Code § 11126 (e)(2)(A)
Sierra Club v. CCC et al. (La Jolla Beach & Tennis Club et al, RPI), 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).
 

15. APPROVAL OF MINUTES.

16. COMMISSIONERS' REPORTS.

17. CONSERVANCY REPORT.

18. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

19. SANTA MONICA BAY RESTORATION COMMISSION REPORT.

20. DEPUTY ATTORNEY GENERAL'S REPORT.

21. EXECUTIVE DIRECTOR’S REPORT including report on legislation and Water Quality.

a. Public Education Program (Amendment to Interagency Agreement)Commission authorization to amend interagency agreement with California Department of Boating and Waterways (DBW) for assistance with Boating Clean and Green Campaign to increase amount of funds received from DBW (from $106,000 to $155,000), to cover portion of Commission's overhead, and salary and benefits for one staff person. The Campaign is a partnership between the Commission and DBW. The Commission will provide office space and jointly supervise staff person. (CP-SF) [APPROVED]

b. Legislation. The Commission will hear a report and may act on the following legislation: SB 634 and SB 898. (SC-SAC)