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November 2008 Agenda

Long Beach City Hall
City Council Chambers
333 W. Ocean Blvd.
Long Beach, CA 90802
(562) 972-9854

[This telephone number is only available during the meeting.]

This page was updated at 2:30 p.m., Friday, November 14, 2008.

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10:00 A.M.

WEDNESDAY, NOVEMBER 12, 2008

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.

4.  CONSENT CALENDAR. See AGENDA CATEGORIES.

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

a.  City of Half Moon Bay LCP Amendment No. HMB-MAJ-1-08 (Callan Rezoning). Time Extension. Public hearing and Commission action to extend time for action on City of Half Moon Bay request to amend its Zoning Map to rezone an approximately .8-acre site from the existing Single-Family Residential (R-1-B-2) to Single-Family Residential (R-1-B-1). (MC-SF) [APPROVED]

 Motion and Vote 

6. PUBLIC WORKS PLAN.

An addendum has been appended to the staff report for item 6a on Friday, November 7.

a.  Application No. 2-06-006 (Montara Water & Sanitary District, Montara) Application of Montara Water & Sanitary District for Public Works Plan Phase I to improve specific portions of District's water system, including water storage and transmission facilities, water well production, and water treatment, at Alta Vista Site (northeast extension of Alta Vista Road); schoolhouse site (west end of Buena Vista Park); and Cabrillo Highway (State Highway I), at Half Moon Bay Airport, Montara, San Mateo County. (RP-SF) [APPROVED WITH MODIFICATIONS]

 Motion and  Vote

7. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 2-08-004 (City of Pacifica Revetment) Application of City of Pacifica to recover approximately 825 tons of stone and replace it onto revetment and import 825 tons of new 10-ton stones to place along existing rip-rap seawall at west end of Rockaway Beach Ave. and San Marlo Way, Pacifica, San Mateo County. (MC-SF) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

8. PERMIT AMENDMENTS.  See AGENDA CATEGORIES

a.  Permit No. 2-82-020-A1 (Golden Hinde Inn and Marina, Marin Co.) Request by Golden Hinde Inn and Marina to reroute parts of existing public access easement pathway on property, after-the-fact approval of existing 5’x63’ deck and modification of deck to accommodate re-routed access path, and construction of new 96 sq.ft. deck, outdoor fireplace, 64 sq.ft. roof at end of boat pier, and 2 outdoor spas adjacent to pool, at 12938 Sir Francis Drake Blvd., Inverness, Marin County. (DSM-SF) [APPROVED WITH CONDITIONS]

 Motion and Vote 

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 Santa Cruz office at (831) 427-4863.

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

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

a.  City of Capitola LCP Amendment No. CAP-MAJ-1-07 (Capitola Village Parking).  Time Extension. Public hearing and action on extension of time limit to act on request by City of Capitola to amend the LCP’s Land Use and Circulation Elements to clarify Capitola Shuttle System requirements (including removing references to the City's McGregor parking lot, and adding a valet parking policy). (SC-SC) [APPROVED]

 Motion and Vote 

b.  City of Carmel LCP Amendment No. CML-MAJ-2-07 (Affordable Housing). Public hearing and action on request by the City of Carmel to amend the certified LCP to allow design and scale exemptions for projects involving affordable housing within the LCP’s Residential - Limited Commercial (RC) and Multi-Family (R-4) zone districts. (MW-SC) [CONTINUED]

 Motion and  Vote 

c.  City of Carmel LCP Amendment No. CML-MIN-1-08 (Historic Context Statement Update). Concurrence with the Executive Director’s determination that the request by the City of Carmel to update the LCP’s historic context statement is minor. (MW-SC) [NO OBJECTION TO CONCURRENCE]

d. Monterey County LCP Amendment No. MCO-MAJ-2-07 Part 2 (Doud rezoning, Big Sur). Public hearing and action on request by Monterey County to modify the land use designation and zoning of a 2.5-acre parcel (from Outdoor Recreation (OR)/Open Space Recreation (OR) to Watershed and Scenic Conservation (WSC)/Watershed and Scenic Conservation (WSC/40)) located north of Garrapata Creek, south of Garrapata State Park, and west of Highway 1 in the Big Sur area of Monterey County. (KM-SC) [WITHDRAWN]

e.  Santa Cruz County LCP Amendment No. SCO-MAJ-1-08 Part 2 (Timber Production Minimum Parcel Size). Public hearing and action on request by Santa Cruz County to amend the certified LCP to increase the minimum parcel size required for rezoning to property as Timber Production (TP) from 5 acres to 40 acres. (SC-SC) [NO OBJECTION TO CONCURRENCE]

f.  Santa Cruz County LCP Amendment No. SCO-MAJ-1-08 Part 3 (Small Scale Residential Projects) - Time Extension. Public hearing and action on extension of time limit to act on request by Santa Cruz County to amend LCP regulations for certain types of residential projects (including accessory structures, second units, and small-scale projects). (SC-SC)  [APPROVED]

 Motion and Vote 

12. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-3-SLO-07-059 (San Luis Obispo County Public Works Dept., San Luis Obispo Co.) Appeal by Commissioners Blank and Wan, the Sierra Club (Santa Lucia Chapter), and Land Watch of San Luis Obispo County of San Luis Obispo County decision granting permit with conditions to County Public Works Department to replace 2 existing bridges along San Simeon Creek Road (approximately 2.3 and 3.5 miles inland of Highway 1, north of Cambria), San Luis Obispo County. (JB-SC) [NO SIGNIFICANT ISSUE]

 Motion and  Vote 

b.  Appeal No. A-3-SLO-08-053 (Staller, San Luis Obispo Co.) Appeal by Commissioners Kruer and Shallenberger of San Luis Obispo County decision granting permit with conditions to Robert Staller to subdivide 1 existing 186.8-acre agricultural parcel into 2 parcels (93.2 acres and 93.6 acres respectively), and to designate residential building envelopes on each new parcel at 1800 Atascadero Road/Highway 41 at Calle la Palta, approximately 2 miles east of Highway 1, in the Estero planning area of San Luis Obispo County (JB-SC). [POSTPONED]

13. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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 13a on Monday, November 10.

a.  Application No. 3-07-048 (Held and Violiz, Morro Bay) Application of Smith Held, the Held Family Trust and the Estate of Armand Violiz to demolish 2 commercial units and 2 residences, to remove existing docks and overhanging deck, and to construct new retail store, 6-unit motel, new access ramp, floating dock, public restrooms and other public access improvements, at 575 and 591 Embarcadero Road, Morro Bay, San Luis Obispo County. (MW-SC) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

14. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  Application No. 3-08-013 (Cannery Row Marketplace, Monterey) Application of Cannery Row Marketplace for a mixed use project (“Ocean View Plaza”) including retail and retail support; restaurant space; 38 market-rate condominiums, 13 affordable housing units; 377 parking spaces in garages; an onsite desalination plant; replication of San Xavier Warehouse; community park; rehabilitation of the historic Stohan’s building as a history center; history plaza; and replication of  historic utility bridge over Cannery Row (connecting inland and shoreline components of the project) along both inland and seaward sides of Cannery Row at 457, 465, 470, 484, 565, 570 Cannery Row between Hoffman Street to the north, Monterey Bay to the east, Drake Street to the south, and the Monterey Peninsula Recreation Trail to the west in the City of Monterey, Monterey County. (SC-SC) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

NORTH COAST DISTRICT

15.  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 Eureka office at (707) 445-7833.

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

 Motion and  Vote 

17. NEW APPEALS.  See AGENDA CATEGORIES

a.  Appeal No. A-1-DNC-07-023 (Park, Del Norte Co.) Appeal by Friends of Del Norte from decision of County of Del Norte granting permit with conditions to Harry & Lucille Park for subdivision of 25.449-ac. parcel into 4 lots ranging in size from 0.754 to 1.336 ac. with 21.243-ac. remainder parcel, at property located in southeast corner of intersection of Railroad Ave. and Washington Blvd., Crescent City, Del Norte County. (SC-E) [SIGNIFICANT ISSUE, TO DE NOVO, APPROVED WITH CONDITIONS]

 Motion and Vote 

An addendum has been appended to the staff report for item 17b on Wednesday, November 12.

b.  Appeal No. A-1-MEN-07-044 (Arena Union Elementary School Dist., Mendocino Co.) Appeal by Commissioners Shallenberger & Wan from decision of County of Mendocino granting permit with conditions to Arena Union Elementary School District for construction of new K-through-5 elementary school complex totaling 29,447 sq.ft. of gross building area, 105,453 sq.ft. of paved area, and 50,100 sq.ft. of landscaped area on approximately 10.5-ac. Parcel, including associated major vegetation removal across 5-ac., grading (approximately 5,400 cu.yds. of cut and 3,800 cu.yds. of fill), road improvements, lighting and signage, at 39290 Old Stage Road, Gualala, Mendocino County. (MBK-E) [SIGNIFICANT ISSUE, TO DE NOVO, APPROVED WITH CONDITIONS]

 Motion and  Vote 

c.  Appeal No. A-1-MEN-07-053 (Billings, Sampson & McDaniel, Mendocino Co.) Appeal by Group to Preserve Iversen Point from decision of County of Mendocino granting permit with conditions to Gene & Toni Sampson, Curt & Doris Billings & Ron & Ursula McDaniel to establish a Mutual Water Co. to serve 5 lots (APNs 142-031-27, 142-031-26, 142-031-25, 142-031-23 and lot 142-010-32), including construction of below-ground 20, 160(+/-) gallon reinforced concrete potable water storage facility, 128(+/-) sq.ft. above-ground pumphouse with a 48(+/-) sq.ft. basement, conversion of existing test well to production well, excavation, grading for gravel driveway, construction of AC drive approach, installation of underground utility conduits on site and within public right-of-ways along Iversen Road, extending to the terminus of Iversen Point Road, including crossing State Highway One, signing, landscaping, trench repair, traffic control, and temporary storage container, at 46550 Iversen Road, Gualala, Mendocino County. (TST-E)

 Motion and  Vote 

18. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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-MEN-07-043 (Gualala Community Services District, Mendocino Co.) Appeal by Commissioners Shallenberger & Wan from decision of County of Mendocino granting permit with conditions to Gualala Community Services Dist. to extend 6-inch diameter wastewater main approximately 1.25 miles to serve proposed school within road right-of-way beneath Old Stage Road, beginning approx. 0.9 mile north of Highway One, at Bodhi Tree Lane & extending 1.25 miles northwest to proposed Gualala school site along Old Stage Road, Gualala, Mendocino County. (MBK-E) [APPROVED WITH CONDITIONS]

 Motion and Vote 

An addendum has been appended to the staff report for item 18b on Wednesday, November 12.

b. Application No. 1-08-008 (Verizon West Coast, Inc., Del Norte Co.) Application of Verizon West Coast, Inc. to construct new 80-ft. high telecommunications tower with four 8-ft. parabolic reflector antennas mounted on tower, and removal of existing 50-ft. tower with attached antennas, at P.J. Murphy Memorial Drive & Requa Road, Klamath, Del Norte County. (RSM-E) [APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

19.  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.

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

21. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-42-08 (U.S. Environmental Protection Agency, Statewide) Consistency Determination by U.S. Environmental Protection Agency for draft National Pollutant Discharge Elimination System (NPDES) general permit for Vessel General Permit (VGP) for discharges incidental to normal operation of commercial vessels greater than or equal to 79-ft. in length (note: commercial fishing vessels are excluded from the VGP, except for ballast water discharges). (MPD-SF) [POSTPONED]

 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:

CCC v. U.S. Department of the Navy et al. Govt. Code § 11126(e)(2)(A).
Winter et al. v. Natural Resources Defense Council et al. Govt. Code § 11126(e)(2)(A).
City of Carlsbad v. CCC (California Dep’t of Parks & Recreation, RPI) Govt. Code § 11126(e)(2)(A).
Electric Pointe LLC et al. v. City of Los Angeles, CCC Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al. Govt. Code § 11126(e)(2)(A).
Mt. Holyoke Homes LP et al. v. CCC (Schelbert, RPI) Govt. Code § 11126(e)(2)(A).
Schreck et al. v. CCC et al. (Collins et al., RPI) Govt. Code § 11126(e)(2)(A).
Strother et al. v. CCC (Alvarez et al., RPI) Govt. Code § 11126(e)(2)(A).
Appeal of Foothill/Eastern Transportation Corridor Agency to U.S. Secretary of Commerce  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). The Commission may also consider personnel matters which fall under Government Code Section 11126(a). 

Public Meeting Notification:
Federal Performance Evaluation of the California Coastal Commission

(December 8 and December 12, 2008)
Ventura and San Francisco

 Report on Closed Session 

22. APPROVAL OF MINUTES.

23. COMMISSIONERS' REPORTS.

24. CONSERVANCY REPORT.

25.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

26.  DEPUTY ATTORNEY GENERAL'S REPORT.

27.  EXECUTIVE DIRECTOR’S REPORT including report on legislation and water quality.