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December 2008 Agenda

San Francisco City Hall
Legislative Chamber Room 250
1 Dr. Carlton Goodlett Place
San Francisco, CA 94102
(415) 407-3211

[The above telephone number is only for use when the meeting is in session.]

This has been updated at 2:15 p.m., Wednesday, November 26, 2008.

  Click to start meeting at the beginning


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10:00 A.M.

WEDNESDAY, DECEMBER 10, 2008

1.  CALL TO ORDER.

2.  ROLL CALL.

STATEWIDE

3.  ELECTION of CHAIRPERSON, VICE-CHAIRPERSON AND REPRESENTATIVES to SANTA MONICA MOUNTAINS CONSERVANCY.

NORTH CENTRAL COAST DISTRICT

4.  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.

a.  Presentation by the Peninsula Open Space Trust (POST) on its Land Stewardship Programs and other activities along the San Mateo County coastline (CL-SF).

5. CONSENT CALENDAR. See AGENDA CATEGORIES 

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

a. City of Half Moon Bay LCP Amendment No. HMB-MAJ-2-05 Parts A and B (Measure D). Public hearing and action on request by City of Half Moon Bay to amend its certified Local Coastal Program to implement Measure D, a 1% per year residential growth limitation initiated by the citizens of Half Moon Bay in 1999. (MC-SF) [POSTPONED]

ENFORCEMENT

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

a. Commission Cease & Desist Order No. CCC-08-CD-10 (Ackerberg, Malibu, Los Angeles County) Public hearing and Commission action on proposed Cease and Desist Order directing Mrs. Ackerberg, as trustee of the Ackerberg Trust, in which capacity she owns property located at 22500 and 22466 Pacific Coast Highway, Malibu, Los Angeles County to: 1) cease from engaging in further unpermitted development activities, including maintaining existing unpermitted development, at the property; 2) remove unpermitted development consisting of rock rip-rap, a wall, concrete slab and generator, fence, railing, planter, and landscaping from the areas covered by the lateral and vertical public access easements on the property; and 3) comply with conditions of existing permits and vertical and lateral public access easements, which provide for unobstructed public access over the areas of the property covered by those easements. (EM/AM-SF)

b. Notice of Violation No. CCC-08-NOV-08 (Ackerberg, Malibu, Los Angeles County) Public hearing and Commission action on existence of a violation of the Coastal Act, which, if found, will result in the recordation of a Notice of Violation identifying unpermitted development and violations of previously issued permits by Mrs. Ackerberg, trustee of the Ackerberg Trust property owner, on property located at 22500 and 22466 Pacific Coast Highway, Malibu, Los Angeles County. (EM/AM-SF)

 CENTRAL COAST DISTRICT

8.  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.

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

 Motion and Vote 

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

a.  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)

 Motion and Vote

 Motion and Vote

 Motion and Vote

 Motion and Vote 

b.  City of Grover Beach LCP Amendment No. GRB-MAJ-1-08 (Industrial Live-Work Units). Public hearing and action on request by the City of Grover Beach to amend the certified LCP to allow live work units in the Coastal-Industrial (C-I) zoning district. (JB-SC)

 Motion and Vote 

c.  City of Marina LCP Amendment No. MAR-MAJ-1-08 (Second Units). Certification Review. Concurrence with the Executive Director’s determination that the action by City of Marina accepting certification of LCP Major Amendment 1-08 (addressing the development of second units in the City’s coastal zone) with modifications is legally adequate. (MW-SC)

 Motion and Vote 

d.  City of Pismo Beach LCP Amendment No. PSB-DM-1-08 (Pismo Heights Density). Concurrence with the Executive Director’s determination that the request by the City of Pismo Beach to amend the LCP to allow subdivision within the medium and high density areas of the Pismo Heights planning district, and to rezone seven Pismo Heights residential lots from medium density (R-2) to high density (R-3), is de minimis. (MW-SC)

 Motion and Vote 

e.  Monterey County LCP Amendment No. MCO-MIN-2-08 (Covered Parking Requirements). Concurrence with the Executive Director’s determination that the request by Monterey County to amend LCP Chapter 20.58 to eliminate the covered parking requirement for new development in residential zoning districts other than High Density Residential (HDR) and Medium Density Residential (MDR) is minor. (KM-SC)

 Motion and Vote 

f.  Santa Cruz County LCP Amendment No. SCO-MAJ-3-03 Part 3 (Second Units on Agricultural Land). Public hearing and action on request by Santa Cruz County to modify the certified LCP Implementation Plan to allow second residential units on agricultural lands. (SC-SC)

 Motion and Vote

g. Santa Cruz County LCP Amendment No. SCO-MAJ-2-06 Part 2 (Neighborhood Compatibility). Public hearing and action on request by Santa Cruz County: 1) to increase maximum lot coverage from 30% to 40% for residential parcels between 5,000 and 15,000 sq. ft.; 2) to allow averaging of adjacent front yards to establish minimum front yard setbacks for residential parcels; and 3) to modify the definition of “Net Site Area” within the Urban Services Line to exclude coastal bluffs and Monterey Bay submerged lands. (SC-SC)

11. 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. 3-08-038 (Port San Luis Harbor District, Avila Beach) Application of Port San Luis Harbor District to dredge up to 250,000 cu.yds. of sediment and to apply sediments nearshore as beach nourishment, annually for 5 years, at Port San Luis Harbor, Avila Beach, San Luis Obispo County.
(JB-SC)

12. REVOCATION.

a.  Revocation Request No. R-A-3-MRB-06-064 (Black Hill Villas, Morro Bay) Request by Save the Park to revoke permit A-3-MRB-06-064 granted to Wayne Colmer to subdivide 2 parcels (totaling 3.17 acres) into 17 residential parcels and 1 open space parcel, and to develop 17 homes and related infrastructure (road, utilities, etc.) adjacent to Black Hill Natural Area portion of Morro Bay State Park, at 485 South Bay Boulevard, Morro Bay, San Luis Obispo. (MW-SC)

 Motion and Vote 

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

 DEPUTY DIRECTOR'S REPORT 

13. 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.

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

15. 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. E-08-012 (Chevron, San Luis Obispo Co.) Application of Chevron to construct 5,060 ft. of wire fencing with 3 gates to keep cattle from entering property and remove 90 ft. of existing fencing, at former Guadalupe Oil Field, San Luis Obispo County. (AD-SF)

 Motion and Vote 

16.  REVISED FINDINGS. See AGENDA CATEGORIES.

a.  Condition Compliance for Permit No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible adoption of revised findings for modified Marine Life Mitigation Plan implementing Special Condition 8 for previously approved desalination facility, Carlsbad, San Diego County. (TL-SF)

 Motion and Vote 

b.  Condition Compliance for Permit No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible adoption of revised findings modified Energy Minimization and Greenhouse Gas Reduction Plan implementing Special Condition 10 for previously approved desalination facility, Carlsbad, San Diego County. (TL-SF)

 Motion and  Vote 

17. 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)

 Motion and  Vote 

 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:

Alberstone v. CCC (Stibel, RPI)  Govt. Code § 11126(e)(2)(A).
Beard et al. v. Bank of America, CCC et al.  Govt. Code § 11126(e)(2)(A).
Burke v. CCC (State of California et al. RPI)  Govt. Code § 11126(e)(2)(A).
Charles A. Pratt Construction Co. v. CCC  Govt. Code § 11126(e)(2)(A).
CCC v. U.S. Department of the Navy et al.  Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al.  Govt. Code § 11126(e)(2)(A).
McAllister v. CCC (Laube & Engel, RPI)  Govt. Code § 11126(e)(2)(A).
Ocean Harbor House Homeowners Association v. CCC  Govt. Code § 11126(e)(2)(A).
Save the Park v. CCC (Colmer, RPI)  Govt. Code § 11126(e)(2)(A).
Surfrider Foundation et al. v. CCC (Poseidon Resources (Channelside) LLC 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).
Access for All v. California Dep’t of Transportation et al., Gov Code section 11126(e)(2)(C).
Monterey County LCP Amendment No. 1-07 (Govt. Code section 11126(e)(2)(B)

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).

18.  APPROVAL OF MINUTES.

 Motion and Vote 

19.  COMMISSIONERS' REPORTS.

20.  CONSERVANCY REPORT.

21.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

22.  DEPUTY ATTORNEY GENERAL'S REPORT.

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

a.  Public Education Program Annual Update. The Public Education staff will conduct a presentation on its activities and accomplishments for 2008. (CP, SL, ES, AF, VM/SF) 


Future Meetings: The next meetings of the Coastal Commission will be  January 7-9, 2009, in Oceanside and February 4-6, 2009 in Los Angeles and/or Orange County.

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