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March 2009 Agenda

Portola Hotel and Spa at Monterey Bay
Two Portola Plaza
Monterey, CA 93940
(831) 649-4511

[The phone number will only be in service during the meeting.]

This has been updated at 11:15 a.m., Friday, March 13, 2009.

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9:00 a.m.

FRIDAY, MARCH 13, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

3.  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. [APPROVED]

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

5. 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 5a below on March 10.]

a.  Application No. E-08-021 & Consistency Certification No. CC-005-09 (AT&T, San Luis Obispo Co.)  Application and consistency certification by AT&T Corporation to construct and operate Asia America Gateway fiber optic cable project, including installation of two terrestrial fiber optic and power cables within existing underground conduit which extends from cable station 1.8 mi. inland of coastal zone boundary at Los Osos Valley Road southwest of San Luis Obispo, westward through Montana de Oro State Park to existing cable landing manhole in Sandspit Beach parking lot.  Here a combined fiber/power marine cable will be installed through an existing conduit to a point 0.8 miles offshore. From this location, the cable will be buried under the seafloor at a depth of approximately 1.3 ft. (except in hard-bottom areas) out to the edge of the continental shelf, 50 mi. offshore at a water depth of 6,000 ft.  (AD/LS – SF)   [Permit Application APPROVED WITH CONDITIONS, Consistency Certification APPROVED]

 Motion and Vote

 Motion and Vote 

CENTRAL COAST DISTRICT

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

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. A-3-SNC-98-114 (SNG Development Company, Sand City). Monterey Bay Shores Resort. CDP application (on remand from court decision) for a 161-room hotel, 46 visitor serving residential condominium units, 42 visitor serving condominium units, 92 residential condominium units, a restaurant and bar, swimming pools, wellness spa, conference and meeting rooms, underground parking garages (693 parking spaces), 70 public parking spaces (above ground), public and private access trails, dune/habitat restoration, and related infrastructure (including water, sewer, stormwater systems, and various energy reduction technologies (solar, wind, geothermal, etc.) requiring approximately 900,000 cu. yds. of grading, seaward of Highway One (MW-SC) [POSTPONED]

NORTH 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 Eureka office at (707) 445-7833. [APPROVED]

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

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

a.  County of Humboldt LCP Amendment No. HUM-DM-1-9 (De Minimis).   Concurrence with Executive Director's determination that proposed modifications to County of Humboldt certified LCP Implementation Plan to amend Sections 312-2.4.1.3 and 312-42 of the Zoning Regulations relating to procedures for issuance of zoning clearance certificates and modifications or exemptions for residential accessibility are de minimis.  The result of the amendment would be (1) to enable a zoning clearance certificate to be issued when there is an existing violation of the Humboldt County Code on the property under certain specified additional conditions; and (2) to allow for modifications or exceptions from specific development standards for principal zones when necessary for a disabled resident to make a home accessible. (MBK-E) [APPROVED]

b.  Del Norte County LCP Amendment No. DNC-MAJ-2-8  (Walters RCA Rezone). Public hearing and action on request by Del Norte County to rezone a 10.24 acre parcel off of Ocean View Drive and Reeves Road, along Gilbert Creek, within the Surfsound Estates Subdivision, approximately one mile south of the state line, from RCA-1 and RRA-5-D-C(s) (Rural Residential and Agriculture - 5 acre minimum lot size - Coastal Combining District - Special Development Standards) to RRA-5-D-C(s), RCA-2(w) Designated Resource Conservation Area – Wetland, and RCA-2(wb) Designated Resource Conservation Area – Wetland Buffer. (RSM-E) [APPROVED]

 Motion and Vote

11. NEW APPEALS.  See AGENDA CATEGORIES

a.  Appeal No. A-1-MEN-09-9 (Moores, Mendocino Co.)  Appeal by Gordon Moores from decision of County of Mendocino granting permit with conditions to William Moores to extend and connect a culvert gap along the road side ditch in the front (north) of the real estate office at Irish Beach, at 44001 Noyo Way, Manchester, Mendocino County. (RSM-E) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

Substantial Issue Found

12. 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. 1-08-37 (Pacific Gas & Electric Company, Humboldt Co.)  Application of PG&E Co. for on-going maintenance clearing of vegetation from 4 sections of gas lines adjacent to Hwy 101 within Caltrans right-of-way to allow gas lines to be adequately surveyed and tested for leaks.  Segment 1 is 445-ft. x 10-ft. located north of Van Duzen River along west shoulder of Hwy 101; Segment 2 is 2,715-ft. x 40-ft. located north of Hwy 36/Hwy 101 intersection along eastern right of way of Hwy 101; Segment 3 is 4,000-ft. x 50-ft. located between Fernbridge & Palmer Rd exits along western right of way of Hwy 101; Segment 4 is 560-ft. x 10-ft.  located along west shoulder of G Street on-ramp to Hwy 101, in Arcata, Humboldt Co. (MBK-E) [POSTPONED]

13. 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.

[An addendum has been appended to the staff report for item 13a below on March 13.]

a.  Permit No. 1-90-104-A2 (City of Eureka, Humboldt Co.)  Request by City of Eureka to amend permit granted for the enhancement of 86 acres of fresh and saltwater marsh and provide public access improvements to:  (1) replace collapsing 24-inch CMP culvert connecting Palco Marsh with Humboldt Bay with a 48-inch culvert; (2) modify Del Norte Street drainage structure and tide gates; (3) hand dig and clean Palco Marsh channels; (4) dredge adjoining tidal slough between Palco Marsh and peninsula west of the marsh; (5) install Del Norte and Fell Street landscaping; (6) install interpretive signage; (7) eradicate common reed and other invasive exotic plant species; (8) restore eradication areas by planting native species; and (9) perform hydrologic enhancements to adjoining Railroad Marsh, at Palco Marsh bounded by Del Norte Street, Felt Street, Broadway, Vigo Street, Bayshore Mall and Humboldt Bay, Eureka, Humboldt County. (JB-E)  [APPROVED WITH CONDITIONS]

 Motion and  Vote

 General Public Comment 


Future Meetings: The next meetings of the Coastal Commission April 8-10, 2009 in Santa Barbara and May 6-8, 2009 in Santa Rosa/Marin.

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