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October 2009 Agenda

Oceanside City Council Chambers
300 North Coast Hwy.
Oceanside, CA 92054
(760) 801-0718

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

This has been updated at 9 a.m., Tuesday, October 6, 2009.

 Click Here to start 

9:00 a.m.

WEDNESDAY, OCTOBER 7, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

 GENERAL PUBLIC COMMENT.  Public comments will be heard at 9 a.m. for no more than 30 minutes.  For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

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.  San Mateo County LCP Amendment No. SMC-MAJ-1-09 (Wireless Facilities). Time Extension. Public hearing and action on extension of time to act on request by San Mateo County to amend its certified Local Coastal Program to establish regulations for wireless telecommunication facilities. (MC-SF)

 Motion and Vote

6. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-2-MAR-09-014 (Sutton, Marin Co.) Appeal by Anthony Lewis of decision of County of Marin granting permit with conditions to Lynette & James Sutton for demolition of existing 1,896 sq.ft. home and construction of new 1,649 sq.ft. home and 663 sq.ft. second unit with associated septic system, at 3715 Shoreline Highway, Stinson Beach, Marin County. (TST-SF)

 Motion and Vote 

CENTRAL COAST DISTRICT

7.  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.

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

 Motion and Vote 

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

a.  Santa Cruz County LCP Amendment SCO-MAJ-1-06 Part 3 (Density Bonus Regulations). Certification Review. Concurrence with the Executive Director’s determination that the action by Santa Cruz County, accepting certification of SCO-MAJ-1-06 Part 3 with modifications (modifying affordable housing density bonus provisions), is legally adequate. (SC-SC)

b.  City of Capitola LCP Amendment CAP-MAJ-1-07 (Capitola Village Parking). Certification Review. Concurrence with the Executive Director’s determination that the action by the City of Capitola, accepting certification of CAP-MAJ-1-07 with modifications (clarifying parking provisions associated with the City’s shuttle system and allowing a Capitola Village valet parking program), is legally adequate. (SC-SC)

c.  City of Santa Cruz LCP Amendment STC-MAJ-1-09 (La Bahia Hotel). Time Extension. Public hearing and action on extension of time limit to act on request by the City of Santa Cruz to amend the LCP to apply a new zoning district and site standards for the historic La Bahia building to facilitate redevelopment of the site as a resort hotel with restaurant and conference facilities. (SC-SC)

 Motion and Vote 

d.  City of Marina LCP Amendment MAR-MAJ-1-07 Part 4 (Subdivision Ordinance). Certification Review. Concurrence with the Executive Director's determination that the action by the City of Marina, accepting certification of MAR-MAJ-1-07 Part 4 with modifications (modifying the City’s subdivision regulations), is legally adequate. (MW-SC)

e.  Santa Cruz County LCP Amendment SCO-2-09 Part 1 (Poor Clares Housing). Time Extension. Public hearing and action on extension of time limit to act on request by Santa Cruz County to amend the LCP to allow for high density affordable housing on a four-acre portion of the Poor Clares property currently designated for visitor serving development in the Seacliff Village Area of Aptos. (SC-SC)

 Motion and Vote 

10. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-3-SLO-07-035 (Stolo, San Luis Obispo Co.) Appeal by Commissioners Kruer and Shallenberger, Kirsten Fiscalini, 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 a 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]

b.  Appeal No. A-3-SLO-09-045 (Hearst Holdings Inc., San Luis Obispo Co.) Appeal by Commissioners Kruer and Wan, Santa Lucia Chapter of the Sierra Club, and Landwatch San Luis Obispo County of San Luis Obispo County decision granting permit with conditions to Hearst Holdings Inc. for lot line adjustment between 4 existing lots of 0.17 acres, 443.18 acres, 10,180 acres, and 23,200 acres, to result in 4 new lots of 93.6 acres, 1,851.71 acres, 8837.73 acres, and 23,040.4 acres along a 14-mile section of the LCP’s North Coast Area beginning approximately 1.5 miles north of San Simeon Village and ending at Ragged Point in San Luis Obispo County. (JB-SC) 

c.  Appeal No. A-3-SLO-09-051 (Community Presbyterian Church of Cambria, Cambria). Appeal by Lila Evans of San Luis Obispo County decision granting permit with conditions to Community Presbyterian Church of Cambria to construct 320 sq.ft. storage structure at 2250 Yorkshire Drive in Cambria, San Luis Obispo County. (JB-SC)

 Motion and Vote

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. 3-08-019 (Kengle, Santa Cruz Co.) Application of Kim Kengle to modify and expand existing gunnite seawall with new footings, anchors, and faux bluff surfacing extending from the rock shelf area to blufftop edge and extending along the shoreline from the County’s Larch Lane seawall to the County’s Hook seawall, covering the bluff above the rock shelf seaward of 2-3920 East Cliff Drive (on the bluff seaward of East Cliff Drive immediately upcoast of the Hook coastal accessway and adjacent to 38th Avenue Beach), Live Oak Beach Area, Santa Cruz County. (SC-SC) [POSTPONED]

b. Application No. 3-08-052 (Embarcadero 801 LLC, Morro Bay) Application of Embarcadero 801 LLC to demolish portions of 2 buildings and to construct 2 new/remodeled buildings for mixed use development including conference center, restaurant, and commercial retail components, 17 new boat slips, 2 public plazas, and public access decks along the Embarcadero adjacent to and over Morro Bay at 801 and 833 Embarcadero Road, Morro Bay, San Luis Obispo County. (MW-SC) [POSTPONED]

12. 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. 3-92-063-A2 (Abalonetti’s Restaurant, Monterey) Request by Abalonetti’s Restaurant to amend their permit to expand permitted configuration of restaurant, including by adding more exterior tables, on Fisherman’s Wharf in Monterey, Monterey County. (MW-SC) [WITHDRAWN]

b. Permit No. 3-05-065-A3 (Santa Cruz Port District, Santa Cruz Co.) Request by Santa Cruz Port District to amend their permit to allow demonstration dredge and disposal project for up to 12,000 cu.yds. of fine-grained (37% to 79% sand) material into the nearshore environment offshore Harbor Beach/Twin Lakes State Beach in October 2009 (only), Santa Cruz, Santa Cruz County. (SC-SC)

c.  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 approximately 115-ft. section of contoured concrete seawall fronting that Green Valley Corporation property and adjacent to existing seawall on adjacent property (on Swan property) on beach and bluffs fronting 4840 and 4850 Cliff Drive in Capitola, Santa Cruz County. (SC-SC)

 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:

Ackerberg et al. v. CCC (Access for All et al., RPI) Govt. Code § 11126(e)(2)(A)
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code § 11126(e)(2)(A)
Electric Pointe LLC et al. v. City of Los Angeles, CCC Govt. Code § 11126(e)(2)(A)
Harrington et al. v. CCC Govt. Code § 11126(e)(2)(A)
McAllister v. CCC (Laube et al., RPI) Govt. Code § 11126(e)(2)(A)
Ramirez Canyon Preservation Fund v. CCC et al. (City of Malibu et al., RPI) Govt. Code § 11126(e)(2)(A)
Revell v. CCC (Access for All, RPI) Govt. Code § 11126(e)(2)(A)
Sierra Club v. California Department of Parks & Recreation et al. (County of San Luis Obispo et al. RPI), Govt. Code § 11126(e)(2)(A).
Friends of Oceano Dunes, Inc. v. County of San Luis Obispo et al. (Cal. Dep’t of Parks & Recreation et al. RPI), Govt Code § 11126(e)(2)(A)
In the matter of Consistency Certification CC-043-09 (City of San Diego) Govt. Code § 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).

13.  Report on Improving the Local Coastal Planning ProcessFollow-up Commission staff report on the August 12, 2009 public workshop with local government and the public on “Improving the Local Coastal Planning Process.” (CL/LF-SF).

ENFORCEMENT

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

 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. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.

a.  City of Crescent City LCP Amendment No. CRC-MAJ-1-03. (Time Extension) Public hearing and action on extension of time limit to act on request by City of Crescent City for a comprehensive update of its certified land use plan and implementation plan. (JB-E)

 Motion and Vote 

b.  County of Del Norte LCP Amendment No. DNC-MAJ-2-03. Public hearing and action on request by County of Del Norte for a comprehensive update of its certified land use plan and implementation plan (JB-E)

 Motion and  Vote

 Motion and  Vote

Amending  Motion and Vote

 Motion and Vote

 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. Application No. 1-07-10 (Humboldt Bay Harbor, Recreation & Conservation District, Humboldt Co.) Application of Humboldt Bay Harbor, Recreation & Conservation District to rehabilitate boat launching facilities at the Shelter Cove Harbor including (1) reconstructing existing 420 ft.-long rock breakwater by importing approx. 5,190 tons of rock on the breakwater, (2) performing periodic maintenance of the breakwater by placing additional rock as needed, (3) performing periodic resurfacing of launch ramp access road, (4) performing periodic repair of boat launch ramp by replacing damaged sections as needed, and (5) performing periodic dredging of accumulated sand at the breakwater with disposal on the adjacent beach, at the end of Beach Access Road, at Shelter Cove, Humboldt County. (MBK-E)

b. Appeal No. A-1-MEN-07-28 (Jackson-Grube Family, Inc., Mendocino Co.) Appeal by (1) Molly Warner & Britt Bailey, (2) Commissioners Kruer & Wan, (3) Mendocino Group Sierra Club, Friends of the Ten Mile, (4) Margery S. Cahn Trust & Whiting Family Revocable Trust from decision of County of Mendocino granting permit with conditions to Jackson-Grube Family, Inc. to build 7-unit inn in 2 phases.  Phase I consists of (1) demolition, reconstruction, and expansion of former Orca Inn into 2,961 sq.ft. 3-bedroom guest suite unit and northward extension of building containing enclosable 831 sq.ft. outdoor activity area, 255 sq.ft. caterer's kitchen, 693 sq.ft. conference room, 1,089 sq.ft. guest suite unit and 833 sq.ft. guest suite unit, (2) 1,276 sq.ft. 2-story manager's unit, (3) 1,269 sq.ft. equipment barn, 648 sq.ft. maintenance shop, and (4) 240 sq.ft. generator/pump shed. Phase II consists of (1) 2 guest suite units within detached bunkhouse of 531 sq.ft. and 757 sq.ft., (2) 2 separate guest suite cottages of 835 sq.ft. and 915 sq.ft., and (3) 778 sq.ft. spa. Wells, a septic system, roads and underground utilities are also proposed, located at 31502 North Highway One, Fort Bragg, Mendocino County. (RSM-E) [POSTPONED]

c. Application No. 1-09-7 (Sandoval, Eureka) Application of Ezequiel Maciel Sandoval to remodel and convert 1,656 sq.ft. restaurant into office by (1) constructing 514 sq.ft. first floor and 1,567 sq.ft. second floor addition; 2) replacing 1,293 sq.ft. of asphalt paving along V Street (West side) with landscaping and 205 sq.ft. concrete terrace and bicycle parking; 3) replacing 565 sq.ft. of asphalt paving with 565 sq.ft. of grass pavers for run-off infiltration area; 4) installing 3 15-gal. trees and trellis for screen between building and natural area; 5) removing 332 sq.ft. of wood deck overhanging natural area; 6) replacing 204 sq.ft. of hard surface cover (AC paving and concrete) in east parking area with landscaping; and removing 47 sq.ft. of hard surface cover at north-east corner currently built over property line, at 427 V Street, Eureka, Humboldt County. (RSM-E) [POSTPONED]

d. Application No. 1-09-26 (California Dept. of Parks & Recreation, Humboldt Co.) Application of California Dept. of Parks & Recreation to grade invasive beach grass and restore approximately 50 hectares of beach and dune habitat at Little River State Beach, at Clam Beach Road, McKinleyville, Humboldt County. (MBK-E)

e. Application No. 1-09-27 (California Dept. of Transportation, Mendocino Co.) Application of Caltrans to replace existing bridge with new 2-lane bridge, approximately 520 feet long with two (2) 12-ft. lanes, two (2) 6-ft. shoulders, and 5-ft. sidewalk for pedestrians on west side, at Greenwood Creek Bridge, State Route 1, south of Elk, Mendocino County. (MF-E)

f. Application No. 1-09-33 (Eureka Broadcasting, Eureka) Application of Eureka Broadcasting for replacement of two (2) 245 ft.-high radio broadcasting antennae and appurtenant facilities, north of north end of Marsh Road, Eureka, Humboldt County. (MBK-E) [POSTPONED]

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.

[An addendum has been linked from the staff report for item 21a below on October 6.]

a.  CC-056-09 (City of San Diego Secondary Treatment Waiver, San Diego) Resubmitted Consistency Certification by City of San Diego for secondary treatment waiver (i.e., Environmental Protection Agency (EPA) Reissuance, under Section 301(h) of the Clean Water Act, of a modified National Pollutant Discharge Elimination System (NPDES) Permit) for Point Loma Wastewater Treatment Plant Discharges offshore of San Diego, San Diego County. (MPD-SF)

 Motion and  Vote

b.  CD-058-09 (Corps of Engineers, San Diego Co.) Consistency determination by Corps of Engineers for maintenance dredging of Mission Bay entrance and navigation channels and placement of 770,000 cu.yds. of dredged material on Mission Beach, San Diego Co. (LJS-SF) 

 Motion and Vote

22. DISPUTE RESOLUTION.

a. Dispute Resolution E-06-13-EDD (Poseidon Resources, Carlsbad) Public hearing and Commission determination on dispute over interpretation of Commission “prior to issuance” and “prior to construction” conditions of coastal development permit approval for Poseidon Resources desalination facility to be located at Encina Power Plant in the City of Carlsbad, San Diego County. (TL-SF) [WITHDRAWN]

STATEWIDE

23. APPROVAL OF MINUTES.

24.  COMMISSIONERS' REPORTS.

25. CONSERVANCY REPORT.

26. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

27. DEPUTY ATTORNEY GENERAL'S REPORT.

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

 GENERAL PUBLIC COMMENT