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August 2009 Agenda

Hyatt Regency Embarcadero
5 Embarcadero Plaza
San Francisco, CA 94111
(415)407-3211


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

This has been posted at 3 p.m., Thursday, July 30, 2009.

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8:00 a.m.

WEDNESDAY, AUGUST 12, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

Materials for LCP Workshop
August 12, 2009 in San Francisco

STATEWIDE

3.  Public Workshop: Improving the Local Coastal Planning Process.  Local Government Officials and Coastal Commissioners will discuss Improving the Local Coastal Planning Process.  The workshop will be a moderated, public discussion and exchange of ideas about how to improve communication and make the LCP process more effective, predictable and efficient for all stakeholders. Public Comments will be included in the workshop. Agenda and background material for the workshop will be available on the Commission’s website. (CL/LF-SF)

 

 

Agenda

 

Public Workshop: Improving the Local Coastal Planning Process

August 12, 2009 8:00 am-12:00 pm

San Francisco, CA.

PARTICIPANTS:

Moderator: Mike Reilly, former Sonoma County Supervisor and former Chair/Member of the California Coastal Commission

Coastal Commissioners

Local Government Officials

Rich Gordon, San Mateo County

David Finigan, Del Norte County

Bruce Gibson, San Luis Obispo County

Kathy Long, Ventura County

Greg Cox, San Diego County

Jere Melo, Council Member, City of Fort Bragg

John Shoals, Mayor, City of Grover Beach

Carrie Downey, Mayor Pro Tem, City of Coronado

Iya Falcone, Council Member, City of Santa Barbara

Nancy Gardner, Council Member, City of Newport Beach

Toni Iseman, Council Member, City of Laguna Beach

Peter Tucker, Council Member, City of Hermosa Beach

WORKSHOP GOALS:

To conduct a moderated discussion about how to improve the Local Coastal Program process.

• To facilitate education and an exchange of ideas about how to make the LCP process more effective, predictable and efficient for all.

• To discuss issues and concerns with the LCP process, discuss potential solutions, and identify next steps for taking collaborative actions to improve both communication and LCP planning and implementation.

8:00 am- 8:05 am:  INTRODUCTION -- Moderator Mike Reilly

8:05 am -8:15 am:  OPENING REMARKS -- Local Representative; CCC Representative (5 min each)

8:15 am-10:15 am: TOPIC I: IMPROVING THE LCP PROCESS

Moderated Discussion (60 minutes)

- Facilitating early coordination; lessons learned from coordination experiences

- Timelines and discussion of what can be done to make the process more efficient.

- Opportunities and constraints to providing written statewide guidance such as a "model" LCP; improving understanding of the Coastal Act requirements and the standards of review; communication on the certification process.

 Public Comments (time per speaker based on number of speakers). (30 minutes)

 Moderated Discussion/Follow Up (30 minutes)

10:25 am – 11:50 am:

 TOPIC II: IMPROVING COASTAL MANAGEMENT THROUGH LCPS

 Moderated Discussion (45 minutes)

- Enhancing collaboration and communication on new or emerging issues and policies.

- Information Exchange: improving technical assistance and information exchange.

- Issues between state and local stakeholder interests and Chapter 3 requirements.

- Issues and concerns with project-driven LCP amendments.

- Encouraging LCP completion and update.

 Public Comments: (time per speaker based on number of speakers) (25 Minutes)

 Moderated Discussion/Follow Up (15 minutes)

11:50 - Noon: WRAP-UP COMMENTS AND ADJOURNMENT --Moderator Mike Reilly

 GENERAL PUBLIC COMMENT. Public comments will be heard at the conclusion of the workshop and before the lunch break.

Workshop runs from 8:00 a.m. to 12:00 p.m.
Central Coast items will begin after the lunch break.
 

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 Santa Cruz office at (831) 427-4863.

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

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

a.  City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. (MW-SC)

b.  San Luis Obispo County LCP Amendment No. SLO-MAJ-1-08 (Agricultural Property Subdivision - Minimum Parcel Size and Clustering). Public hearing and action on request by San Luis Obispo County to amend LCP Section 23.04.024 regarding minimum parcel sizes in the Agriculture land use category and to add LCP Sections 23.04.037 and 23.04.038 regarding clustering with subdivisions in the LCP’s Agriculture and Rural Lands land use categories. (JB-SC)

 Motion and  Vote 

c.  San Luis Obispo County LCP Amendment No. SLO-2-09 Part 1 (Mobilehome Park Closures). Time Extension Only. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to amend LCP provisions related to mobilehome park closures. (JB-SC)

 Motion and Vote 

d.  San Luis Obispo County LCP Amendment No. SLO-2-09 Part 2 (Inclusionary Housing). Time Extension Only. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to amend LCP provisions related to inclusionary housing. (JB-SC)

 Motion and Vote 

e.  Santa Cruz County LCP Amendment No. SCO-MAJ-1-09 Part 3 (Family Childcare). Public hearing and action on request by Santa Cruz County to amend the certified LCP implementation plan to: 1) allow small family childcare in all LCP zoning districts that allow residential use; and 2) “clean up” miscellaneous implementation plan sections. (SC-SC)

 Motion and Vote 

f.  Santa Cruz County LCP Amendment No. SCO-2-09 Part 2 (PUD). Concurrence with Executive Director's determination that proposed modifications to the Santa Cruz County certified LCP to extend the use of Planned Unit Developments (PUDs) to mixed-use and commercial projects, and to revise wording to provide more clarity and reduce duplicative language in PUD standards, are de minimis. (SC-SC)

7. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-MCO-07-004 (Burke, Big Sur)  Appeal by Commissioners Wan and Caldwell of Monterey County decision granting permit with conditions to Timothy and Dana Burke for lot line adjustment to reconfigure three undeveloped parcels to result in three lots of approximately 7 acres, 8 acres, and 40 acres south of Twin Peaks and west of Ventana Wilderness in the Los Padres National Forest near Palo Colorado Road in the Big Sur area of Monterey County. (KM-SC) [POSTPONED]

b. Appeal No. A-3-SLO-07-035 (Stolo, Cambria)  Appeal by Commissioners Kruer and Shallenberger, KirstenFiscalini, Landwatch San Luis Obispo County,  and Greenspace-The Cambria Land Trust of San Luis Obispo County decision granting permit with conditions to Don and Charlene Stolo to allow phased development of winery, tasting facility, and related development at 3770 Santa Rosa Creek Road (approximately 1.5 miles east of Main Street) in Cambria, San Luis Obispo County. (JB-SC) [POSTPONED]

8. 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-3-CAP-99-023-A1 (Swan and Green Valley Corporation, Capitola) Request by Richard and Nancy Swan and the Green Valley Corporation to amend permit to eliminate the existing condition prohibiting future shoreline armoring (that applies to the Green Valley Corporation property) and to construct an approximately 115-foot section of contoured concrete seawall fronting that Green Valley Corporation property and adjacent to existing seawall on adjacent property (on the Swan property) on beach and bluffs fronting 4840 and 4850 Cliff Drive in Capitola, Santa Cruz County. (SC-SC)

9. DISPUTE RESOLUTION.

a.  Procedures 3-09-015-EDD (DeCicco, San Luis Obispo County). Public hearing and Commission determination of appropriate coastal permit processing (pursuant to California Code of Regulations, Title 14, Section 13569) associated with application of Frank DeCicco for mixed use development (consisting of four residential condominium units; 17-unit motel; two commercial lease spaces; common area decks/courtyard; and subterranean parking) at North Ocean Avenue and Old Creek Road in the Cayucos area of San Luis Obispo County. (JB-SC)

 Motion and  Vote 

ENFORCEMENT

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

 [Items 11, 12, and 13 below share a single, combined staff report.]

 Motion and Vote

 Motion and Vote

11. Commission Cease and Desist Order No. CCC-09-CD-04 (DaSilva, Monte Nido, Los Angeles Co.)  Public hearing and Commission action on proposed Cease and Desist Order directing Bob and Sherry DaSilva, trustees of the Bob and Sherry L. DaSilva Family Trust, the property owner, to cease and desist from engaging in any further unpermitted development on the property, including maintaining existing unpermitted development, and to remove all unpermitted development including, but not limited to, a horse corral with a stable, tackroom, and wooden fencing, a rock retaining wall and pathway, and a cement drainage culvert with a metal grate, all of which was placed within and adjacent to environmentally-sensitive riparian and oak woodlands/savannah habitat; at 975 Cold Canyon Road, Calabasas, Los Angeles County, Assessor’s Parcel Number 4456-039-007. (MTS/NC-SF)

12. Commission Restoration Order No. CCC-09-RO-03 (DaSilva, Monte Nido, Los Angeles Co.)  Public hearing and Commission action on proposed Restoration Order directing Bob and Sherry DaSilva, trustees of the Bob and Sherry L. DaSilva Family Trust, the property owner, to address removal of the unpermitted development, including, but not limited to,  a horse corral with a stable, tackroom, and wooden fencing, a rock retaining wall and pathway, and a cement drainage culvert with a metal grate, on the property; and restoration of a riparian and oak woodlands/savannah plant community native to the Santa Monica Mountains in the area impacted by unpermitted development; at 975 Cold Canyon Road, Calabasas, Los Angeles County, Assessor’s Parcel Number 4456-039-007. (MTS/NC-SF)

13. Commission Notice of Violation No. CCC-09-NOV-04 (DaSilva, Monte Nido, Los Angeles Co.) Public hearing and Commission action on proposed recordation of a Notice of Violation identifying that unpermitted development, including, but not limited to,  a horse corral with a stable, tackroom, and wooden fencing, a rock retaining wall and pathway, and a cement drainage culvert with a metal grate, has occurred on property owned  by Bob and Sherry DaSilva, trustees of the Bob and Sherry L. DaSilva Family Trust; at 975 Cold Canyon Road, Calabasas, Los Angeles County, Assessor’s Parcel Number 4456-039-007. (MTS/NC-SF)

14. Commission Cease and Desist Order No. CCC-09-CD-05 (Brown, City of Encinitas) Public hearing and Commission action on proposed Cease and Desist Order directing J. Mike and Patricia Brown, owners of property located at 836-838 Neptune Avenue in the City of Encinitas, San Diego County (APN 254-011-17), and their agents and successors to cease and desist from conducting or maintaining further unpermitted development at or seaward of the aforementioned property and to take other steps to address existing violations, which violations include, but are not limited to: 1) Maintaining unpermitted development, including, but not limited to, grading of bluff slope, placement of gravel on bluff face, and construction of a blufftop deck; 2) Failure to obtain follow-up regular coastal development permits to authorize temporary emergency work (including grading and construction of a 27 ft. high, 100 ft. long seawall and a rock revetment consisting of ½ ton to 2-ton quarry stone) as permanent development, as required by Emergency Permits; and 3) Construction of bluff stabilization devices not in accordance with Emergency Permits. (HJ/NC – SF) [POSTPONED]

15. Commission Notice of Violation No. CCC-09-NOV-05 (Brown, City of Encinitas) Public Hearing and Commission action on existence of a violation of the Coastal Act, which, if found, will result in recordation of a Notice of Violation identifying that unpermitted development -- including but not limited to, 1) placement of gravel on the face of a bluff, 2) the grading of the bluff, 3) construction of a bluff top deck, and 4) maintaining temporarily authorized emergency work including, but not limited to, a rock revetment, bluff-slope grading, and a 27-foot high seawall, without authorization and without complying with the terms of the emergency permits – has occurred on property owned by J. Mike and Patricia Brown at, and seaward of 836-838 Neptune Ave (APN 254-011-17), City of Encinitas, San Diego County. (HJ/NC –SF) [POSTPONED]

NORTH CENTRAL COAST DISTRICT

16.  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.

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

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

a.  City of Pacifica LCP Amendment No. PAC-MAJ-1-08 (270 Rockaway). Concurrence with the Executive Director’s determination that the action by City of Pacifica, accepting certification of LCPA No. PAC-MAJ-1-08 with suggested modifications is legally adequate. (DM-SF)

b.  City of Half Moon Bay LCP Amendment No. HMB-MAJ-2-05 Parts A & B (HMB - Measure D). Concurrence with the Executive Director’s determination that the action by City of Half Moon Bay, accepting certification of LCPA No. HMB-MAJ-2-05 Parts A & B with suggested modifications is legally adequate. (DM-SF)

19. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-2-MAR-09-010 (Crosby).  Appeal by Dr. Edward J. Hyman, Dr. Deborah A. McDonald, & Brenda & Richard Kohn of decision by County of Marin granting permit with conditions to Timothy Crosby for construction of 1,589 sq. ft. addition to a 2,058 sq.ft. single-family home on 1.03-acre lot, at 9 Ahab Drive, Muir Beach, Marin County. (DM-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:

Access for All v. Ackerberg  Govt. Code § 11126(e)(2)(C).
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI)  Govt. Code § 11126(e)(2)(A)
City of Oxnard et al. v. CCC (Southern California Edison, RPI) Govt. Code § 11126(e)(2)(A)
Coastal Law Enforcement Action Network v. CCC (Signal Landmark, RPI) Govt. Code § 11126(e)(2)(A) 
Coastal Law Enforcement Action Network v. CCC (Malibu Valley Farms, RPI)  Govt. Code § 11126(e)(2)(A)
Farr v. CCC (Doyle, RPI) Govt. Code § 11126(e)(2)(A)
Habitat for Hollywood Beach v. CCC (County of Ventura, RPI) Govt. Code § 11126(e)(2)(A)
Manchester Pacific Gateway LLC v. CCC  Govt. Code § 11126(e)(2)(A)
McAllister v. CCC (Laube et al., RPI) Govt. Code § 11126(e)(2)(A)
O’Sullivan v. City of San Diego  Govt. Code § 11126(e)(2)(C). 
Richard J. Livoni Second Family Limited Partnership v CCC et al.  Govt. Code § 11126(e)(2)(A)
Schreck v. CCC et al. (Collins et al., RPI) Govt. Code § 11126(e)(2)(A)
Surfrider et al. v. CCC (Poseidon Resources (Channelside), LLC, et al. RPIs) Govt. Code § 11126(e)(2)(A)
Yandow v. CCC Govt. Code § 11126(e)(2)(A)
Porter et al. v. County of Santa Cruz, CCC et al. 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).

20.  APPROVAL OF MINUTES.

 Motion and Vote 

21.  COMMISSIONERS' REPORTS.

22.  CONSERVANCY REPORT.

23.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

24.  DEPUTY ATTORNEY GENERAL'S REPORT.

25.  EXECUTIVE DIRECTOR’S REPORT including report and possible action on legislation and water quality. 

a.  Briefing and possible action regarding Commission’s FY08/09 budget. (SMH-SF)

b.  Interagency Agreement. Approval of transfer of federal funds to San Francisco Bay Conservation and Development Commission for implementation of California Coastal Management Program for Fiscal Year 2009-2010. (SH/AM – SF) 

 Motion and Vote  

Future Meetings:  The next meetings of the Coastal Commission September 9-10, 2009 in Eureka and October 7-9, 2009 in Oceanside.