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California Coastal Commission

California Coastal Commission

 

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THURSDAY, SEPTEMBER 6, 2007

1. CALL TO ORDER.

2. ROLL CALL.

3. COMMISSION FIELD TRIP. INTRODUCTION TO HIGHWAY 101/SALT RIVER RESTORATION PROJECTS FIELD TRIP.  The Commission will meet at the Wharfinger Building for a brief synopsis of the proposed stops, coordinate logistics, then depart by bus at 8:30 a.m. The Public Hearing will resume in the afternoon no earlier than 1:00 p.m. at the Wharfinger Building. Prior to the field trip (described below), staff will present a brief overview of the issues related to the Department of Transportation's future project for improvement of the Highway 101/Highway 36 Alton Interchange south of Fortuna, and the Humboldt County Resource Conservation District's future Salt River Ecosystem Restoration Project along the Salt River and lower reaches of the Eel River. Public testimony will not be taken on these items.  Each of these items will be the subject of future public hearings after the applications are submitted and the items are scheduled for Commission action.

   Field Trip

4. HIGHWAY 101/SALT RIVER RESTORATION PROJECT FIELD TRIP. On Thursday, September 6, 2007, the Commission will take a field trip to the Fortuna and Ferndale areas of Humboldt County to view the sites of two future projects requiring coastal development permits including (1) the Department of Transportation's proposed construction of the Highways 101 and 36 Interchange at Alton, 2 miles south of Fortuna, and (2) the Humboldt County Resource Conservation District's proposed Salt River Ecosystem Restoration Project to restore habitat, improve water quality and reduce flooding along the Salt River and lower reaches of the Eel River in Humboldt County. Because space on the bus will be extremely limited, members of the public who cannot be accommodated on the bus may follow in their private vehicles or meet the Commission along the route of the field trip where stops will be scheduled to discuss issues. An itinerary of stops for the field trip will be available at the Commission's Eureka office approximately 3 to 4 days before the field trip.  Members of the public interested in going on the field trip should contact the Eureka office.  For more information please call Bob Merrill at (707) 445-7833.

Public Comment

STATEWIDE

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

6. Commission Cease & Desist Order No. CCC-07-CD-08 (Figas, Eureka, Humboldt Co) Public hearing and Commission action on proposed Cease and Desist Order directing Robert and Kathyrn Figas, as owners of property located at 4900 Broadway Avenue, Eureka, Humboldt County to 1) cease from engaging in further unpermitted development activities; and 2) address unpermitted development consisting of site clearance, grading, and placement of a concrete structure, debris, and gravel and/or fill material near or adjacent to wetlands and ESHA. (CAC-SF) [POSTPONED]

Motion and Vote

7. Commission Restoration Order No. CCC-07-RO-06 (Figas, Eureka, Humboldt Co) Public hearing and Commission action on proposed Restoration Order directing Robert and Kathyrn Figas, as owners of property located at 4900 Broadway Avenue, Eureka, Humboldt County to 1) address unpermitted development consisting of site clearance, grading, and placement of a concrete structure, debris, and gravel and/or fill material near or adjacent to wetlands and ESHA; and 2) restore the impacted areas of the property to the condition that the areas were in prior to the unpermitted activities. (CAC-SF) [WITHDRAWN]

Motion and Vote

8. Commission Notice of Violation No. CCC-07-NOV-10 (Figas, Eureka, Humboldt Co) Public hearing and Commission action on proposed recordation of Notice of Violation identifying unpermitted development by Robert and Kathyrn Figas on property located at 4900 Broadway Avenue, Eureka, Humboldt County. (CAC-SF) [POSTPONED]

There is a single, combined staff report for items 9 & 10 below.

9. Commission Cease & Desist Order No. CCC-07-CD-05 (Emerson II, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on proposed Cease and Desist Order directing Mr. James Emerson, owner of property located at Block 23, Lot 13 (APN 108-051-018) in Pacific Shores Subdivision, Del Norte County, to address unpermitted development including but not limited to fill (in and/or adjacent to wetlands), change in intensity of use of land from vacant lot to residential uses, removal of major vegetation, and placement of at least one mobile home; to address unpermitted development including but not limited to placement of fill (in and/or adjacent to wetlands), change in intensity of use of land from vacant lot to residential uses, removal of major vegetation, and placement of at least one trailer and/or mobile home, and several vehicles on property located at Block 23, Lot 14 (APN 108-051-019) in Pacific Shores Subdivision, Del Norte County; to address unpermitted development including but not limited to placement of fill (in and/or adjacent to wetlands), change in intensity of use of land from vacant lot to residential uses, removal of major vegetation, and placement of at least four boats and at least one box van on property located at Block 65, Lot 10 (APN 107-182-10) in Pacific Shores Subdivision, Del Norte County. (EMH-SF)

10. Commission Restoration Order No. CCC-07-RO-03 (Emerson II, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on proposed Restoration Order directing Mr. James Emerson, as owner of a property located at Block 23, Lot 13 (APN 108-051-018), Block 23, Lot 14 (APN 108-051-019), and Block 65, Lot 10 (APN 107-182-10), Pacific Shores Subdivision, Del Norte County, to 1) address and restore areas of unpermitted development, including but not limited to fill (in and/or adjacent to wetlands), change in intensity of use from a vacant lot to residential uses, removal of major vegetation, and placement of mobile homes or trailers, vehicles, and boats from the properties, in accordance with the terms of the Orders; and 2) restore impacted areas to the condition the areas were in before Coastal Act violations occurred. (EMH-SF)

11. Notice of Violation No. CCC-07-NOV-07 (Emerson II, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on existence of a violation of the Coastal Act, which, if found, will result in the recordation of Notice of Violation identifying unpermitted development by Mr. James Emerson, as property owner, on properties located at Block 23, Lot 13 (APN 108-051-018), Block 23, Lot 14 (APN 108-051-019), and Block 65, Lot 10 (APN 107-182-10), Pacific Shores Subdivision, Del Norte County. (EMH-SF) [WITHDRAWN]

12. Commission Cease & Desist Order No. CCC-07-CD-07 (Butler-Gipson, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on proposed Cease and Desist Order directing Mr. Kenneth Butler and Ms. Judith Gipson, owners of property located at Block 41, Lot 22 (APN 108-161-22) in Pacific Shores Subdivision, Del Norte County, to 1) cease from engaging in further unpermitted development activities; and 2) address unpermitted development including but not limited to placement of fill (in and/or adjacent to wetlands), a large pre-fabricated structure, at least four mobile homes or trailers, 4-5 vehicles, and several off-road vehicles; change in intensity of use from a vacant lot to residential uses; and major vegetation removal. (EMH-SF) [POSTPONED]

13. Commission Restoration Order No. CCC-07-RO-05 (Butler-Gipson, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on proposed Restoration Order directing Mr. Kenneth Butler and Ms. Judith Gipson, owners of a property located at Block 41, Lot 22, Pacific Shores Subdivision, Del Norte County; APN 108-161-22, to 1) address unpermitted development, including but not limited to fill (in and/or adjacent to wetlands), a large pre-fabricated structure, at least four mobile homes or trailers, 4-5 vehicles, and several off-road vehicles; change in intensity of use from a vacant lot to residential uses; and major vegetation removal, in accordance with the terms of the Orders; and 2) restore the site. (EMH-SF) [POSTPONED]

14. Notice of Violation No. CCC-07-NOV-09 (Butler-Gipson, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on whether there has been a violation of the Coastal Act at property owned by Mr. Kenneth Butler and Ms. Judith Gipson, located at Block 41, Lot 22, Pacific Shores Subdivision, Del Norte County; APN 108-161-22. (EMH-SF) [POSTPONED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

15. ENERGY and OCEAN RESOURCES REPORT. Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, matters not requiring public hearings, and status report on offshore oil & gas exploration & development. (AD-SF)

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

17. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-4-OXN-07-096 (So. California Edison Co., Oxnard) Appeal by So. California Edison Co. from decision of City of Oxnard denying permit to construct and operate 45 megawatt "peaker" power plant at 251 N. Harbor Boulevard, in Oxnard, Ventura County (TL-SF)

18. 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.

a. Application No. E-06-012 (So. California Gas Co., Orange Co) Application by So California Gas Co to repair natural gas transmission pipeline No. 1228.1 located in the Bolsa Chica Wetlands.

Motion and Vote

There is a single, combined staff report for items 18b & 18c below.

b. Appeal No. A-3-SLO-06-053 (Cambria Community Services District, San Luis Obispo Co.) Appeal by Sierra Club Santa Lucia Chapter, San Luis Obispo County Land Watch, and Commissioners Shallenberger and Wan from decision of County of San Luis Obispo granting permit with conditions to Cambria Community Services District to allow geotechnical and hydrogeologic testing for a proposed desalination facility, at San Simeon State Beach, County of San Luis Obispo. (TL-SF)

Motion and Vote

c. Application E-07-001 (Cambria Community Services District, San Luis Obispo Co) Application of Cambria Community Services District to allow geotechnical and hydrogeologic testing for proposed desalination facility, at San Simeon State Beach, County of San Luis Obispo. (TL-SF)

Motion and Vote

NORTH CENTRAL COAST DISTRICT

19. 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.

20. CONSENT CALENDAR. See AGENDA CATEGORIES.

Motion and Vote

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

21.5 LOCAL COASTAL PROGRAMS (LCPs).

a. City of Half Moon Bay LCP Amendment No. HMB-MAJ-1-02 (Mobile Home Parks) Time Extension. Public hearing and Commission action to extend time limit for action by City of Half Moon Bay to accept Commission certification of LCP Amendment No. HMB-MAJ-1-02 with suggested modifications. (YZ-SF

Motion and Vote

22. NEW APPEALS. See AGENDA CATEGORIES.

There is a single, combined staff report for items 22a, b, c & d below.

a. Appeal No. A-2-SON-07-9 (RJB-GP LLC, Bodega Bay) Appeal by Concerned Citizens of Bodega Bay from decision of County of Sonoma granting permit to RJB-GP LLC to construct 2,200 sq. ft. single story, 3-bedroom, 2.5-bath house on a 9,861 sq. ft. parcel, at 132 Pacific Vista Court, Bodega Bay, Sonoma County. (YLZ-SF)

Motion and Vote

b. Appeal No. A-2-SON-07-10 (RJB-GP LLC, Bodega Bay) Appeal by Concerned Citizens of Bodega Bay from decision of County of Sonoma granting permit to RJB-GP LLC to construct 2,200 sq. ft. single story, 3-bedroom, 2.5-bath house on a 11,138 sq. ft. parcel, at 955 Harbor Haven Drive, Bodega Bay, Sonoma County. (YLZ-SF)

Motion and Vote

c. Appeal No. A-2-SON-07-11 (RJB-GP LLC, Bodega Bay) Appeal by Concerned Citizens of Bodega Bay from decision of County of Sonoma granting permit to RJB-GP LLC to construct 2,200 sq. ft., single story, 3-bedroom, 3-bath house on a 9,068 sq. ft. parcel, at 949 Harbor Haven Drive, Bodega Bay, Sonoma County. (YLZ-SF)

Motion and Vote

d. Appeal No. A-2-SON-07-12 (RJB-GP LLC, Bodega Bay) Appeal by Concerned Citizens of Bodega Bay from decision of County of Sonoma granting permit to RJB-GP LLC to construct 2,200 sq. ft., single story, 3-bedroom, 3-bath house on a 9,039 sq. ft. parcel, at 124 Pacific Vista Court, Bodega Bay, Sonoma County. (YLZ-SF)

Motion and Vote

e. Appeal No. A-2-HMB-07-30 (Pastorino, Half Moon Bay) Appeal by Kevin J. Lansing from decision of City of Half Moon Bay granting permit to Thomas & Eugene Pastorino to construct 7,000 sq. ft., 2-story, single-family home and 2,400 sq. ft barn on a 20 acre site, at 921 Miramontes Street, Half Moon Bay, San Mateo County. (YLZ-SF) [POSTPONED]

f. Appeal No. A-2-PAC-07-22 (Pacifica Beach LLC, Pacifica) Appeal by Nancy Merchant, Patrick Rentsch & Roberta Schuler from decision of City of Pacifica granting permit with conditions to Pacifica Beach LLC to construct nine (9) unit, 3-story condominium building with 10,575 sq. ft. subterranean parking garage, at 1567 Beach Boulevard, Pacifica, San Mateo County. (MJ-SF)

23. 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.

a. Application No. 2-07-18 (Sonoma County Regional Parks, Bodega Bay) Application of Sonoma County Regional Parks to install bridge over Cheney Creek and connect Birdwalk coastal access trail with Doran Beach Regional Park trail and widen 1,370 ft.-long Doran Marsh Trail, Bodega Bay, Sonoma County. (YLZ-SF)

b. Application No. 2-07-19 (Marin County Environmental Health Services, Marshall) Application of Marin County Environmental Health Services for (1) East Shore Wastewater improvements, (2) repair, improve and/or replace septic tanks serving up to 38 developed lots, and (3) install collection pipe and community leachfield treatment system, at 19145 To 20230 Highway 1, Marshall, Marin County. (ME-SF)

CENTRAL COAST DISTRICT

24. 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.

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

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

a. County of Monterey LCP Amendment No. MCO-MAJ-1-06 (Petersen Parcel rezone). Public hearing and action on request by County of Monterey to amend the certified LCP Implementation Plan to rezone a 23-acre parcel (Petersen) from RDR/B-7 to RDR/10, 16770 Blackie Road, North Monterey County. (KM-SC)

Motion and Vote

b. City of Pismo Beach LCP Amendment No. PSB-MAJ-1-7 (Kendall/100 Five Cities Drive). Time Extension. Public hearing and action on extension of time limit to act on request by City of Pismo Beach to amend its local coastal program to allow change in zoning from CM (Commerical Manufacturing) to C-2 (General Commercial). (MW-SC)

Motion and Vote

27. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-MRB-06-64 (Colmer, Morro Bay) Appeal by Roger Ewing, Ray McKelligott, Commissioners Caldwell and Shallenberger from decision of City of Morro Bay granting permit with conditions to Wayne Colmer for Planned Unit Development that includes subdivision of 2 parcels totaling 3.17-ac. into 17 residential parcels and 1 open space parcel, grading, new roadway, and home sites, at 485 S. Bay Blvd (resubdivision of Parcels A & B into Tract 2739), Morro Bay, San Luis Obispo County. (MW-SC) [POSTPONED]

b. Appeal No. A-3-SLO-07-041 (Richissin, Los Osos) Appeal by George Taylor of San Luis Obispo County's decision granting permit with conditions to Brent Richissin for construction of 4,534 sq.ft. single family home with attached garage, at 2737 Austin Court in the Los Osos area of San Luis Obispo County. (JB-SC)

28. 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.

a. Appeal No. A-3-SCO-06-59 (Collins, Aptos) Appeal by Albert & Joel Schreck & Robert & Mitzie Forsland from decision of County of Santa Cruz granting permit with conditions to Michael & Deborah Collins to construct 3-story, 5,800 sq. ft. single family home with 5-car garage, and grading 1,250 cu. yds. at toe of coastal bluff, at 548 Beach Drive, Aptos, Santa Cruz County. (SC-SC)

Motion and Vote

b. Application No. 3-07-2 (Ken Scott, Morro Bay) Application of Ken Scott to demolish building and construct 2-story, mixed use development including commercial retail on ground floor and visitor-serving accommodations on second level, at 501 Embacadero (lease sites 53 - 56 & 53W - 56W, lot 4, 10, block 137), Morro Bay, San Luis Obispo County. (MW-SC) [POSTPONED]

c. Application No. 3-07-30 (Caltrans, Piedras Blancas) Application of Caltrans for temporary rock revetments placed seaward of Highway 1 to protect highway facility from damage, at Highway 1 (post miles 65.3 - 65.9, 7 miles north of San Simeon), Piedras Blancas, San Luis Obispo County. (JB-SC) [POSTPONED]

29. 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.

a. Permit No. A-94-78-A1 (Cornell, Pacific Grove) Request by Trent & Lola Cornell to remodel and add 1,545 sq. ft. addition to 2,547 sq. ft. single family home; construct 598 sq. ft. of patio; reduce 239 sq. ft. of courtyard; remove 180 sq. ft. of driveway; underground connection to City municipal sewer infrastructrue; native dune restore remainder of site, at 1601 Sunset Drive (Asilomar Dunes), Pacific Grove, Monterey County. (MW-SC)

Motion and Vote

b. Permit No. 3-04-52-A1 (The Witter Family Trust, Carmel Highlands) Request by the Witter Family Trust to allow relocation of previously approved fencing in scenic easement area, at 112 & 112A Yankee Point Drive, Carmel Highlands, Monterey County. (KM-SC) [POSTPONED]