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April 2010 Agenda

Ventura County
Board of Supervisors Chambers
800 S. Victoria Avenue
Ventura, CA 93009
(805) 451-6053

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

This has been posted at 12:30 p.m., Monday, April 12, 2010.

9:00 a.m.

THURSDAY, APRIL 15, 2010

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.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

4.  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.

a. Status Report on Remediation and Restoration of Former Guadalupe Oil Field Site.  Commission staff update on Chevron’s remediation of petroleum hydrocarbon contamination in soil and groundwater and restoration of habitat at the 2,700 acre former oil field, Guadalupe Beach area, San Luis Obispo County.  This is an information item only; no action will be taken by the Commission. (AD-SF) [POSTPONED]

5. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-002-10 (Corps of Engineers, San Luis Obispo Co.) Consistency determination by Corps of Engineers for geotechnical and hydrogeologic testing to determine feasibility of site for subsurface desalination intake, at Santa Rosa State Beach and Shamel County Park in Cambria, County of San Luis Obispo. (TL-SF) [POSTPONED]

NORTH 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.

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

 
 Motion and Vote

8. 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. 2-07-20 (Draper, Marin County) Application of Timothy and Melissa Draper to repair and maintain dock and boathouse, including replacement of pilings, decking and floating boat dock, at 560 Pierce Point Road in Inverness, Marin County. (MC-SC)

CENTRAL COAST DISTRICT

9.  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.

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

 
 Motion and Vote

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

a San Luis Obispo County LCP Amendment No. SLO-2-09 Part 1 (Mobilehome Park Closure). Public hearing and action on request by San Luis Obispo County to amend LCP standards related to mobilehome park closures. (JB-SC)

 Motion and Vote

 
b. San Luis Obispo County LCP Amendment No. SLO-2-09 Part 2 (Inclusionary Housing). Public hearing and action on request by San Luis Obispo County to amend LCP standards related to inclusionary housing requirements. (JB-SC) [POSTPONED]
 
c.  Santa Cruz County LCP Amendment No. SCO-3-09 (Clean-Up). Public hearing and action on request by Santa Cruz County to amend LCP to improve the internal consistency, to correct minor incompatibilities with State law, and to correct typographical errors. (SC-SC)

 
 Motion and Vote

12. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-SLO-06-43 (SDS Family Trust, San Luis Obispo Co.) Appeal by Commissioners Wan and Reilly, and Sierra Club of San Luis Obispo County decision granting permit with conditions to SDS Family Trust to remodel existing residence, construct barn, and remove existing public accessway west of Highway One adjacent to Pacific Ocean along the Harmony Coast area near Cayucos in unincorporated San Luis Obispo County. (MC-SC) [POSTPONED]

b.  Appeal No. A-3-SLO-07-35 (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 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)
 
 Motion and  Vote
 
Amending  Motion and Vote 

13. 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. 3-09-49 (Wheeler, Pacific Grove) Application of Steve and Marna Wheeler to adjust lot line and modify 1,223 sq.ft. single family home (including a 617 sq.ft. addition, 432 sq.ft. deck, driveway reduction, fencing, and native landscape restoration) at 100 Asilomar Avenue in the Asilomar dunes area of Pacific Grove in Monterey County. (MW-SC)

NORTH COAST DISTRICT

14.  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.

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

 
 Motion and Vote

16. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-1-DNC-09-48 (Border Coast Regional Airport Authority, Del Norte Co.) Appeal by Commissioners Shallenberger & Wan from decision of County of Del Norte granting permit with conditions to Border Coast Regional Airport Authority for airport terminal expansion project, at 150 Dale Rupert Road, Crescent City, Del Norte County. (JB-E)

17. 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. Appeal No. A-1-MEN-05-37 (Piety & Panelli, Mendocino Co.) Appeal by Ann Zollinger from decision of County of Mendocino granting permit with conditions to Bobbie Piety & Yves F. Panelli for construction of 2,275 sq.ft. 18.5 ft-high single-family home, 719 sq.ft. attached garage, driveway, encroachment onto Pirates Drive, septic system, connection to North Gualala Water Company, and rare plant management plan, at 47021 Pirates Drive, Gualala, Mendocino County. (TG-E) [POSTPONED]

b.  Appeal No. A-1-TRN-08-46 (Marshall, Trinidad) Appeal by Michael Reinman from decision of City of Trinidad granting permit with conditions to Jim Marshall for Design Review and permit for construction of new 2,454 sq.ft., 3-bedroom, 1-story, single-family home on vacant 12,815 sq.ft. property, at corner of Edwards and Hector Streets, Trinidad, Humboldt County. (MBK-E)

 
 Motion and Vote

c. Application No. 1-09-17 (Cohan, Humboldt Co.) Application of Peter & Diane Cohan to renovate wood framed 2-story single family home with attached garage by (1) reconfiguring entry, (2) replacing windows, (3) removing wood burning fireplace, and (4) reconfiguring roof, at 1532 Scenic Drive, Trinidad, Humboldt County. (MBK-E)

18. REVISED FINDINGS.  See AGENDA CATEGORIES.

a. Appeal No. A-1-MEN-07-28 (Jackson-Grube Family, Inc., Mendocino Co.) Revised Findings for Commission action to deny permit for Jackson-Grube Family, Inc. to redevelop existing complex of ranch buildings and develop 5 unit inn (that can be used as 7 unit inn) by: (1) demolishing 5 existing ranch buildings; (2) renovating and expanding 2,049 sq.ft. main building (former Orca Inn) into 9,809 sq.ft. inn building containing 2,989 sq.ft. main unit (that can be used as 3 separate units), 1,112 sq.ft. upstairs unit, 823 sq.ft. downstairs unit, 1,547 sq.ft. "ell" unit, and 3,338 sq.ft. of accessory common and service areas; (3) constructing 2,437 sq.ft. rental cottage and massage room; (4) constructing 1,737 sq.ft. ranch manager's unit; (5) constructing 1,145 sq.ft. ranch equipment barn; (6) installing 240 sq.ft. generator/pump shed; (7) constructing 1,479 sq.ft. garage for inn guests; (8) installing new septic system; (9) improving and rerouting portion of existing 14,810 sq.ft. driveway; and (10) burying existing overhead utility lines, located at 31502 North Highway One, 4 miles south of Westport, Mendocino County. (RSM-E) [POSTPONED]

b. Appeal No. A-1-MEN-07-28-R (Jackson-Grube Family, Inc., Mendocino Co.)  Revised Findings for Commission action to deny reconsideration of the Commission’s denial of a permit for Jackson-Grube Family, Inc. , to redevelop existing complex of ranch buildings and develop 5 unit inn (that can be used as 7 unit inn) by: (1) demolishing 5 existing ranch buildings; (2) renovating and expanding 2,049 sq.ft. main building (former Orca Inn) into 9,809 sq.ft. inn building containing 2,989 sq.ft. main unit (that can be used as 3 separate units), 1,112 sq.ft. upstairs unit, 823 sq.ft. downstairs unit, 1,547 sq.ft. "ell" unit, and 3,338 sq.ft. of accessory common and service areas; (3) constructing 2,437 sq.ft. rental cottage and massage room; (4) constructing 1,737 sq.ft. ranch manager's unit; (5) constructing 1,145 sq.ft. ranch equipment barn; (6) installing 240 sq.ft. generator/pump shed; (7) constructing 1,479 sq.ft. garage for inn guests; (8) installing new septic system; (9) improving and rerouting portion of existing 14,810 sq.ft. driveway; and (10) burying existing overhead utility lines, located at 31502 North Highway One, 4 miles south of Westport, Mendocino County. (RSM-E)  [POSTPONED]

SOUTH CENTRAL COAST DISTRICT

19.  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 Ventura office at (805) 585-1800.

a.  City of Carpinteria LCP Amendment No. MIN-1-10 (Nonconcentration of Certain Uses). Concurrence with the Executive Director’s determination that the City of Carpinteria’s request to amend its LCP to change zoning restrictions for obtaining a CDP for certain uses, such as pool halls/billiards and off-sale beer and wine stores, etc. from a blanket prohibition on over-concentration (more than 1 within 450 ft. of another certain use) to a procedure requiring a CUP for certain uses and to amend other portions of the zoning code related to certain uses, including revisions to definitions and CDP processing, is a minor amendment. (AT-V)

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

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

a. City of Malibu LCP Amendment No. MAJ-2-09-B. Public hearing and action on request by City of Malibu to amend its certified LCP to change the land use and zoning designation of a property known as 21200 Pacific Coast Highway (APN 4451-001-042) from Commercial Visitor-Serving (CV-1) to Multi-Family Beachfront (MFBF), and to add water wells to the list of development that may be processed as an administrative coastal development permit, City of Malibu, Los Angeles County. (DC-V)

[Items 21b and 21c below share a single, combined staff report.]

b. County of Santa Barbara LCP Amendment No. MAJ-1-09-A (County Land Use and Development Code). Public hearing and action on request by the County of Santa Barbara to amend its LCP to replace the existing Coastal Zoning Ordinance with the new Santa Barbara County Land Use and Development Code for areas of Santa Barbara County with the exception of the Montecito Community Plan Area, Santa Barbara County. (SLG-V) [POSTPONED]

c. County of Santa Barbara LCP Amendment No. MAJ-1-09-B (Montecito Land Use and Development Code and Rezone). Public hearing and action on request by the County of Santa Barbara to amend its LCP to replace the existing Coastal Zoning Ordinance with a separate Land Use and Development Code for the Montecito Community Plan Area and rezone two parcels (APN 009-230-025 and -026) located in Montecito from Retail Commercial to Neighborhood Commercial, Santa Barbara County. (SLG-V) [POSTPONED]

d.  City of San Buenaventura LCP Amendment No. SBV-MAJ-1-08 (Midtown Corridors Development Code) and SBV-MAJ-2-08 (Downtown Specific Plan). Time Extension. Request by the City of Ventura for one year time extension of the six-month time limit for the City to accept the Commission’s  suggested modifications on SBV-MAJ-1-08 to replace the current zoning standards in the Midtown area with new Midtown Corridor Development Code standards for Main Street and Thompson Boulevard and on SBV-MAJ-2-08 to replace the 1993 Downtown Specific Plan land use policies and implementation measures with the 2007 Downtown Specific Plan, City of San Buenaventura, Ventura County (AT-V).
 Motion and Vote

Future Meetings

 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:

Berge et al. v. Cambria Community Services Dist. et al. Govt. Code § 11126(e)(2)(A),
Cannery Row Marketplace, LLC v. CCC et al. Govt. Code § 11126(e)(2)(A),
Carrico v. City of Encinitias (CCC, RPI) Govt. Code § 11126(e)(2)(A),
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPIs) Govt. Code § 11126(e)(2)(A),
Gualala Festivals Committee v. CCC et al. Govt. Code § 11126(e)(2)(A),
Jackson-Grube Family, Inc. v. CCC Govt. Code § 11126(e)(2)(A),
Manchester Pacific Gateway, LLC v. CCC Govt. Code § 11126(e)(2)(A),
Ramirez Canyon Preservation Fund v. CCC et al. (Santa Monica Mountains Conservancy et al., RPIs) Govt. Code § 11126(e)(2)(A),
Reddell v. CCC et al. Govt. Code § 11126(e)(2)(A),
Revell v. CCC (Access for All, RPI) Govt. Code § 11126(e)(2)(A),
In the matter of Ventura County Channel Islands Harbor Public Works Plan NOID 2-09. Govt. Code §11126(e)(2)(B)..
Venice Stakeholders Association v. CCC et al. Gov Code section 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). 
 
 Closed Session Report
 

16.  APPROVAL OF MINUTES.
 
  Motion and Vote
 
17.  COMMISSIONERS' REPORTS.

  Motion and Vote

18.  CONSERVANCY REPORT.

19.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

20.  DEPUTY ATTORNEY GENERAL'S REPORT.

21.  EXECUTIVE DIRECTOR’S REPORT including report and possible Commission action on legislation and water quality.
 
a.  Proposed 2011 meeting dates.  Discussion and possible Commission action on 2011 Coastal Commission meeting dates.
 
 Motion and Vote