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November 2009 Agenda

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

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

This has been posted at 12:15 p.m., Friday, November 6, 2009.

 Click Here to Start

9:00 a.m.

WEDNESDAY, NOVEMBER 4, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  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

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. [APPROVED]

5. CONSENT CALENDAR . See AGENDA CATEGORIES.

 CENTRAL COAST DISTRICT

6.  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. [APPROVED]

7.  CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
 
 Motion and Vote

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

a.  San Luis Obispo County LCP Amendment SLO-MAJ-2-07 Part 1 (Second Units). Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County, accepting certification of SLO-MAJ-2-07 Part 1 (changing certain processing requirements and development standards for secondary dwelling units) with modifications, is legally adequate. (JB-SC) [APPROVED]

 Motion and Vote
b.  San Luis Obispo County LCP Amendment SLO-MAJ-2-07 Part 2 (Framework for Planning). Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County, accepting certification of SLO-MAJ-2-07 Part 2 (changing language in the LCP’s Framework for Planning associated with the County’s Parks and Recreation Element) with modifications, is legally adequate. (JB-SC) [APPROVED]
 
 Motion and Vote

9. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-MCO-08-050 (REVX-173 LLC, Monterey Co.) Appeal by Commissioners Blank and Shallenberger of Monterey County decision granting permit with conditions to REVX-173 LLC for construction of 70,000 sq.ft. industrial warehouse and recognize increased intensity of use (including 93,669 sq.ft. of warehousing, 81,578 sq.ft. of industrial shops and light manufacturing, 105,720 sq.ft. of refractory production, 2,770 sq.ft. of offices, 2,500 sq.ft. of research and development, and 9,450 sq.ft. of accessory structures) at the former National Refractories site at 7697 Highway 1 (southeast corner of Dolan Road and Highway 1), Moss Landing, Monterey County. (KM-SC) [POSTPONED]

b.  Appeal No. A-3-SLO-09-058 (DeCicco, San Luis Obispo Co.) Appeal by Concerned Citizens of Cayucos and Bruce and Connie Paine of San Luis Obispo County decision granting permit with conditions to Franco DeCicco for visitor-serving commercial/residential mixed-use project (including a 17-unit motel, 2 commercial lease spaces, common area decks/courtyard, underground parking, and 4 residential condominium units) at the corner of Ocean Boulevard and Old Creek Road in the unincorporated Cayucos area of San Luis Obispo County. (JB-SC) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]
 
 Motion and  Vote

10. 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 (Sea Breeze LLC, Santa Cruz Co.) Application of Sea Breeze LLC to modify and expand gunite seawall with new footings, new anchors, and new faux bluff surfacing extending from the rock shelf area to the blufftop edge. Modified seawall would extend along the shoreline from County’s Larch Lane seawall to County’s Hook seawall and would completely cover bluff above rock shelf seaward of 2-3920 East Cliff Drive (on bluff seaward of East Cliff Drive immediately upcoast of Hook coastal accessway and adjacent to 38th Avenue Beach), Live Oak Beach Area, Santa Cruz County. (SC-SC) [POSTPONED]

b. Application No. 3-09-012 (White, Pacific Grove) Application of Randal and Deborah White to demolish single family home and garage and construct new single family home with attached garage at 1771 Sunset Drive in the Asilomar Dunes area of Pacific Grove, Monterey County. (MW-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

11. 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-SCO-05-073-A1 (Porter, Santa Cruz Co.) Request by William and Susan Porter to amend CDP to allow construction of 31-ft. tall wind turbine, to modify window glass requirements related to streetside second floor windows, and to add an exterior ladder at 3030 Pleasure Point Drive in the Live Oak beach area of Santa Cruz County. (KM-SC) [POSTPONED]

ENFORCEMENT

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

[Final Consent Agreement and Order Amendments were approved by the Commission on November 5, 2009 for item 12.5 below.]

12.5  Commission Cease and Desist Order Consent Amendment No. CCC-09-CD-03-A and Restoration Order Consent Amendment No. CCC-09-RO-02-A (Mills PCH, LLC – Huntington Beach, Orange County).  Public hearing and Commission action on proposed consent amendments to previously issued Cease and Desist Order and Restoration Orders, to supplement existing Orders to address Commission monetary claims (provisions of the original orders remain in place); directed to Mills PCH, LLC; property located at 21622 Pacific Coast Highway, Huntington Beach, Orange County Assessor’s Parcel No. 114-150-86 (AJW-LB). [APPROVED WITH MODIFICATIONS]
 
 Motion and Vote
 
 Item trailed to Thrusday, November 5th.
 
 Return to Item

NORTH COAST DISTRICT

13.  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]

14.  CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
 
 Motion and Vote

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

a. City of Crescent City LCP Amendment No. CRC-MAJ-1-9 (Coasta Norte). Certification Review. Concurrence with the Executive Director’s determination that the action by the City of Crescent City, accepting certification of CRC-MAJ-1-9 (Coasta Norte) with modifications is legally adequate. (JB-E)  [APPROVED]

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.

[Addenda have been appended to the staff reports for items 15a, 15c, and 15d below on November 3.]

a.  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 a 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) two guest suite units within detached bunkhouse of 531 sq.ft. and 757 sq.ft., (2) two separate guest suite cottages of 835 sq.ft. and 915 sq.ft., and (3) 778 sq. ft. spa. Wells, septic system, roads and underground utilities are also proposed, located at 31502 North Highway One, Fort Bragg, Mendocino County. (RSM-E) [Permit DENIED]
 
 Motion and  Vote

b. Application No. 1-07-49 (Ayers & Bish, Humboldt Co.) Application of Ernest & Oriel Ayers, Trustees & Ireta Bish to adjust lot line between 2 existing parcels, resulting in 2 parcels of 2.29 acres and 0.46 acres, at 5819 South Broadway, south of Eureka, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c.  Application No. 1-08-43 (County of Del Norte) Application of County of Del Norte to repair Old Townsite recreational boat ramp including: (1) removal and disposal of existing 183 cu.yds. of reinforced concrete ramp and stem wall, 500 sq.yds. of pavement, and 90 linear feet of concrete curb; (2) installation of new 122 cu.yds. of reinforced concrete ramp on aggregate base and 300 linear feet of concrete curb; (3) backfilling and compacting 1,700 cu.yds. of fill in parking lot and area surrounding ramp; (4) sawcutting 200 linear feet of asphalt and paving 188 sq.yds. over aggregate base; (5) placing riprap (6,600 tons) upstream and downstream over filter fabric; and (6) placing 4,680 sq.ft. of articulating concrete mat for shoreline protection, along Klamath River, Klamath, Del Norte County. (RSM-E) [APPROVED WITH CONDITIONS]
 
 Motion and Vote
 
d.  Appeal No. A-1-CRC-08-4 (Randy Baugh dba Development Consultants, Inc., Crescent City) Appeals by (1) Commissioners Wan & Reilly and (2) Kirk Roberts & Natalie Fahning from decision of City of Crescent City granting permit with conditions to Randy Baugh / Development Consultants, Inc. to construct Coasta Norte Mixed-use Development, a 98,755 sq.ft. floor area, 35-ft high, 3-story building containing 44 residential units in an unspecified mix of condominium, timeshares and vacation rentals, a 1,500-sq.ft. medical/professional office, and a 700-sq.ft. sales office, with 62-space, sub-surface off-street parking structure at 200 A Street, Crescent City, Del Norte County. (JB-E) [APPROVED WITH CONDITIONS]
 
 Motion and Vote

STATEWIDE

16.  SONGS Mitigation Program. Review of and possible Commission action on staff recommendation for the two-year 2010 and 2011 Work Program and Budget for the Commission’s technical oversight and independent monitoring program for the San Onofre Nuclear Generating Station (SONGS) mitigation program required as a condition of Coastal Development Permit No. 6-81-330 (Southern California Edison), San Diego, San Diego County. (SMH & JJL-SF)
 Motion and Vote

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)(A).
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).
Coastal Law Enforcement Action Network et al. v. CCC (Malibu Valley Farms, Inc., RPI)  Govt. Code § 11126(e)(2)(A).
DeCicco v. CCC  Govt. Code § 11126(e)(2)(A).
Electric Pointe LLC et al. v. City of Los Angeles, CCC  Govt. Code § 11126(e)(2)(A).
Hyman et al. v. CCC (Crosby et al., RPI)  Govt. Code § 11126(e)(2)(A).
Martins Beach 1 and 2, LLC v. County of San Mateo, CCC  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).
Security National Guaranty, Inc. v. State of California, CCC Govt. Code § 11126(e)(2)(A).
Venice Stakeholders Association v. 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).

17. APPROVAL OF MINUTES.

18. COMMISSIONERS' REPORTS.

19. CONSERVANCY REPORT.

20. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

21. DEPUTY ATTORNEY GENERAL'S REPORT.

22. EXECUTIVE DIRECTOR’S REPORT including report and possible action on legislation and water quality.
 
Future Meetings:  The next meetings of the Coastal Commission will be December 9-11 in San Francisco and January 13-15 in Los Angeles or Orange County.