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September 2008 Draft Agenda

Wharfinger Building
1 Marina Way
Eureka, CA 95501
(707) 268-1859

This has been updated at 3:45 p.m., Wednesday, September 10, 2008.

NOTICE

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9:00 a.m.

THURSDAY, SEPTEMBER 11, 2008

1.  CALL TO ORDER.

2.  ROLL CALL.

ENFORCEMENT

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

4. Commission Cease & Desist Order No. CCC-08-CD-08 (Sonnie, San Diego Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Richard Sonnie, owner of property (APN 254-311-05), and his agents and successors to cease and desist from conducting or maintaining further unpermitted development and to take other steps to address existing, ongoing permit violations including, including but not limited to: 1) unpermitted grading of bluff slope, placement of gravel on bluff face, and construction of a blufftop deck; and 2) failure to obtain follow-up coastal development permits to authorize temporary emergency work (including grading and construction of a seawall) as permanent development, as required by Emergency Permits 6-96-84-G, 6-96-117-G, 6-00-171-G, and 6-01-042-G, at 858-860 Neptune Avenue, in Encinitas, San Diego County. (EMH-SF) [POSTPONED]

5. Commission Restoration Order No. CCC-08-RO-03 (Sonnie, San Diego Co.) Public hearing and Commission action on proposed restoration order directing Richard Sonnie, owner of property (APN 254-311-05), and his agents and successors, to: 1) restore, in accordance with the terms of the Orders, areas of the site where unpermitted development, including but not limited to, construction of a blufftop deck; and 2) restore impacted areas to the condition the areas were in before Coastal Act violations occurred, at 858-860 Neptune Avenue, in Encinitas, San Diego County. (EMH-SF) [POSTPONED]

6. Commission Cease & Desist Order No. CCC-08-CD-09 (Brown, San Diego Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Mike Brown, owner of property (APN 254-011-17), and his agents and successors to cease and desist from conducting or maintaining further unpermitted development and to take other steps to address existing, ongoing permit violations including, but not limited to: 1) unpermitted grading of bluff slope, placement of gravel on bluff face, and unpermitted construction of a blufftop deck; and 2) failure to obtain follow-up regular coastal development permits to authorize temporary emergency work (including grading and construction of a seawall and rock revetment) as permanent development, as required by Emergency Permits 6-96-82-G, 6-96-110-G, 6-01-012-G, 6-00-171-G, and 6-01-042-G, at 836-838 Neptune Avenue, in Encinitas, San Diego County. (EMH-SF) [POSTPONED]

7. Commission Restoration Order No. CCC-08-RO-04 (Brown, San Diego Co.) Public hearing and Commission action on proposed Restoration Order directing Mike Brown, owner of property (APN 254-011-17), and his agents and successors, to: 1) restore, in accordance with the terms of the Orders, areas of site where unpermitted development, including but not limited to, construction of a rock revetment and blufftop deck; and 2) restore impacted areas to condition the areas were in before Coastal Act violations occurred, at 836-838 Neptune Avenue, in Encinitas, San Diego County. (EMH-SF) [POSTPONED]

8. Notice of Violation No. CCC-08-NOV-03 (Brown, San Diego Co.) Public hearing and Commission action on existence of violation of Coastal Act, which, if found, will result in recordation of Notice of Violation identifying unpermitted development by Mike Brown, property owner, on property (APN 254-011-17), at 836-838 Neptune Avenue, in Encinitas, San Diego County. (EMH-SF) [POSTPONED]

NORTH CENTRAL COAST DISTRICT

9.  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.

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

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

a.  County of Sonoma LCP Amendment No. SON-MAJ-1-06 (Second Units). Public hearing and action on request by County of Sonoma to amend its certified Implementation Plan to revise procedures and standards for second dwelling units, add provisions for homeless shelters in urban zoning districts, specify minimum residential densities, and remove restrictions on Type A and C density bonus projects located within ¼ mile of a similar project. (DSM-SF)

 Motion and Vote

 Second Motion and Vote

b.  City of Half Moon Bay LCP Amendment No. HMB-MAJ-3-8-TE (Nurserymen’s Exchange). Time Extension. Public hearing and Commission action to extend time for action on City of Half Moon Bay request to change LUP map designation from Horticulture Business to Commercial Visitor Serving and to change zoning from A-1 (Exclusive Floriculture) to C-VS (Commercial Visitor Serving). (MC-SF)

 Motion and Vote

12. 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-1-HMB-99-22 (Ailanto Properties, Half Moon Bay) Application to modify previously approved permit to divide 114 acres into 65 lots, construct 63 detached single-family homes on lots and provide streets, open space lots and neighborhood park areas, adjacent to east end of Grand View and Terrace Boulevards, Half Moon Bay, San Mateo County. (MC-SC) [POSTPONED]

CENTRAL COAST DISTRICT

13.  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.

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

 Motion and Vote

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

a. Monterey County LCP Amendment No. MCO-MAJ-2-07 – Part 3 (Gorman/Tanglewood Parcel Rezone). Public hearing and action on request by Monterey County to amend the certified Local Coastal Program to rezone 17.03-acre parcel on Paradise Road (near Lake View Drive) in the Prunedale area of north Monterey County from LDR/B-7(CZ) to LDR(CZ). (KM-SC) [WITHDRAWN]

b.  San Luis Obispo County LCP Major Amendment No. 2-07 (Parts 1 through 4) - Time Extension. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to amend various LUP and IP sections related to secondary dwelling units, the parks and recreation element, affordable housing, and condominium conversions. (JB-SC)

 Motion and Vote

c.  Santa Cruz County LCP Amendment No. SCO-MIN-1-08 – Part 1 (Affordable Housing Park Fees). Concurrence with the Executive Director’s determination that the request by Santa Cruz County to reinstate the park dedication fee for affordable ownership housing projects is minor. (SC-SC)

d.  City of Santa Cruz LCP Amendment No. STC-MAJ-1-08 – Part 1 (Beach/South of Laurel Design Guidelines). Public hearing and action on request by the City of Santa Cruz to exempt public or quasi-public projects from the requirements of the LCP’s Beach and South of Laurel Plan Design Guidelines. (SC-SC)

 Motion and Vote

16. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-3-SCO-07-29 (Zar, Santa Cruz Co.) Appeal by Jarl Saal of Santa Cruz County decision granting permit with conditions to Randy Zar to recognize existing commercial building and to construct new parking area and associated improvements, at 2000 McGregor Drive fronting Highway 1 in Aptos, Santa Cruz County. (SC-SC)

 Motion and Vote

b.  Appeal No. A-3-SCO-08-36 (Naslund, Santa Cruz Co.) Appeal by Charles Paulden and Ross Eric Gibson of Santa Cruz County decision granting permit with conditions to Leila Naslund to demolish single family home and associated outbuildings (known locally as “Pleasure Point Roadhouse”), at 23905 East Cliff Drive, in Live Oak – Pleasure Point area, Santa Cruz County. (SC-SC)

 Motion and Vote

17. 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.

An addendum has been appended to the staff report for item 17a on Wednesday, September 10.

a. Application No. 3-08-005 (Port San Luis Harbor District, San Luis Obispo Co.) Application of Port San Luis Harbor District to perform routine harbor facility repair and maintenance activities for the next 5 years, at Port San Luis Harbor, in Avila Beach area, San Luis Obispo County. (JB-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

18.  ENERGY, OCEAN RESOURCES and 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.

 Motion and Vote 

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

20. 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-08-008 (PG&E, Eureka) Application by Pacific Gas and Electric Company to install 12 modular office buildings, a radiation portal monitor and materials storage and construct staging areas within Humboldt Bay Power Plant site at 1000 King Salmon Avenue, City of Eureka, Humboldt County. (CLT-SF)

 Motion and Vote

b.  Application No. E-07-007 (Southern California Edison, Catalina Island, Los Angeles Co.) Application by Southern California Edison to repair shoreline revetment by placing approximately 2,400 tons of rip-rap material above and below the mean high tide line, located at Pebbly Beach Generating Station one mile south of City of Avalon on Catalina Island, Los Angeles County. (CMC-SF)

 Motion and Vote

21. WORKSHOP on Use of Grazing for Managing Habitat at North Coast Public Wildlife Areas. Presentations by staff and experts on issues associated with the use of grazing to manage habitat at North Coast public wildlife areas including (1) benefits as a management tool; (2) impacts of grazing on habitat, and (3) implications for the review of coastal development permits. (RSM & JB-E) [POSTPONED]

22. Reception. The Commission and the public are invited to a reception hosted by O.R.C.A, Humboldt Baykeeper Association, and Humboldt Bay Stewards to take place on the Madaket cruise boat on Humboldt Bay, following the conclusion of Thursday’s hearing items. Space will be extremely limited and available by reservation only. A fee will be charged. Members of the public who are interested in attending the reception should contact the Commission’s Eureka office at (707) 445-7833.

31.  DEPUTY ATTORNEY GENERAL'S REPORT [Moved from September 10, Wednesday]

 General Public Comment

Future Meetings: The next meetings of the Coastal Commission will be October 15-17 in Ventura, November 12-14 in Long Beach, and December 15-17 in San Francisco.

See future agenda items (these are items submitted to the Coastal Commission and could be scheduled on future meeting agendas).