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JULY 2010  Agenda

Sonoma County
Board of Supervisors Chambers
575 Administration Drive
Santa Rosa, CA 95403 
(415 ) 407-3211 


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

This has been updated at 6:45 p.m., Wednesday, July 7, 2010.

10:00 A.M.

WEDNESDAY, JULY 7, 2010

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  GENERAL PUBLIC COMMENT. Public comments will be heard at 10 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 DIVISION

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.

5. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a.  CD-029-10 (NOAA, Southern California) Consistency Determination by National Oceanic and Atmospheric Administration (NOAA) for research proposed in the Southern California Bight (primarily within the U.S. Navy's existing Southern California (SOCAL) Range Complex), to be conducted over a 5-year period (commencing in Summer/Fall 2010) to study the basic behavior, vocal communication, and biology of various marine mammal species and to measure their reactions to a controlled underwater sound exposures. (MPD-SF) [TO CONTINUE]
 
 Motion and Vote

 NORTH 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 Eureka office at (707) 445-7833.

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.  Humboldt County LCP Amendment No. HUM-MAJ-4-09 (Barry/Peterson /Chisum) Public hearing and action on extension of time of time limit to act on request by County of Humboldt to amend the Certified Land Use Plan to amend Section 3.22-B-3 to include a road connection between Humboldt Hill Road and Tompkins Hill Road south of Eureka. (MBK-E) [APPROVED]
 
 Motion and Vote

9. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-1-MEN-10-1 (Sharples & Verizon Wireless, Mendocino Co.) Appeals by California Native Plant Society, Dorothy King Young Chapter & Carol & Robert Zvolensky, D'Ann Finley, Phil Conwell & Wilbert Horne from decision of County of Mendocino granting permit with conditions to Philip H. & Grace Lavender and Sharples & Verizon Wireless for use permit to allow construction and operation of telecommunication facility to support wireless provider (Verizon Wireless), consisting of 135-ft. tall lattice tower, 12 panel antennas, 2 microwave dishes, and ground based equipment, at 43600 Comptche-Ukiah Road, Mendocino, Mendocino County. (TG-E) [SUBSTANTIAL ISSUE FOUND, Permit APPROVED WITH CONDITIONS at de novo Hearing]
 
 Motion and  Vote

b.  Appeal No. A-1-DNC-10-16 (County of Del Norte, Del Norte Co.) Appeal by James R. & Kathleen Brown from decision of County of Del Norte granting permit with conditions to County of Del Norte for Pebble Beach Drive rehabilitation and bike paths coastal trail project, at Pebble Beach Drive from City of Crescent City limits to Washington Blvd., Del Norte County. (RSM-E) [POSTPONED]

c.  Appeal No. A-1-MEN-10-22 (Yager, Mendocino Co.) Appeal by Commissioners Wan & Sanchez from decision of County of Mendocino granting permit with conditions to Matt, Josh & Rhonda Yager for Coastal Development Boundary Line Adjustment to reconfigure four (4) existing lots from existing configuration of 3.5, 5.6, 28.8, and 25 acres into 4±, 6±, 10± & 46.9± acres on parcels designated and zoned Rural Residential, 10-acre minimum, at 1361 Cameron Road, Elk, Mendocino County. (TG-E) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]
 
 Substantial Issue Found

10. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES. Attention: 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-07-28 (Jackson-Grube Family, Inc., Mendocino Co.) Application of Jackson-Grube Family, Inc. to redevelop existing complex of ranch buildings and develop 6 unit inn by: (1) demolishing 5 existing ranch buildings; (2) renovating and expanding approx. 2,049 sq.ft. existing main building (former Orca Inn) into 4,137 sq.ft. inn building containing 412 sq.ft. unit, 249 sq.ft. unit, 240 sq.ft. unit and 3,236 sq.ft. of accessory common and service areas; (3) constructing cottage with 3 rental units of 915 sq.ft., 837 sq.ft., and 526 sq.ft. (4) constructing 1,737 sq.ft. ranch manager's unit; (5) constructing 1,121 sq.ft. ranch equipment barn; (6) installing 240 sq.ft. generator/pump shed; (7) constructing 1,508 sq.ft. garage for inn guests; (8) installing new septic system; (9) improving and rerouting portion of existing 14,810 sq.ft. driveway; (10) burying existing overhead utility lines, and providing public access improvements located at 31502 North Highway 1, 4 miles south of Westport, Mendocino County. (RSM-E) [TO CONTINUE]
 
 Motion and  Vote
 
b.  Application No. 1-09-30 (City of Arcata) Application of City of Arcata to expand Jacoby Creek Estuary and replace existing tide gate to improve hydraulic connectivity and estuarine function to remnant channel that drains to South Gannon Slough and Humboldt Bay, at Jacoby Creek east of Highway 101, Arcata, Humboldt County. (MBK-E)  [APPROVED WITH CONDITIONS]
 
 Motion and  Vote

c.  Application No. 1-10-04 (California Department of Parks & Recreation, Humboldt Co.) Application of California Dept. of Parks & Recreation to remove non-native trees and development of trail and sign system, and parking improvements to facilitate resource protection and enhance visitor experience, at Little River State Beach, Clam Beach Road, McKinleyville, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

11.   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.

12. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.[APPROVED WITH CONDITIONS
 

CENTRAL 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 Santa Cruz office at (831) 427-4863.

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

 
 Motion and Vote

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

a.  City of Carmel-By-The-Sea LCP Amendment No. CML-1-10 (Medical Marijuana Dispensaries). Time Extension. Public hearing and action on extension of time limit to act on request by City of Carmel-By-The-Sea to amend the LCP to ban medical marijuana dispensaries in the city. (MW-SC) [APPROVED]
 
 Motion and Vote
 
b.  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 parotek closures. (JB-SC) [APPROVED]
 
[An addendum has been appended to the staff report for item 15c below on July 6.]
 
c.  Santa Cruz County LCP Amendment No. SCO-1-09 Part 2 (Timber Harvesting in Commercial Agriculture). Public hearing and action on request by Santa Cruz County to amend the LCP to add timber harvesting as a principally permitted use on land zoned as Commercial Agriculture. (SC-SC) [DENIED]
 
 Motion and  Vote
 
 Motion and Vote

16. NEW APPEALS. See AGENDA CATEGORIES.

[ Items 16a and b share a single, combined staff report.]

a.  Appeal No. A-3-SCO-08-029 (Trousdale, Santa Cruz Co.) Appeal by Fay Levinson of Santa Cruz County decision granting permit with conditions to Kelley and Cindy Trousdale to demolish single family home and construct new 4,600 sq.ft. 2-story single family home, at 660 Bayview Drive on bluff above Hidden Beach in Aptos area of unincorporated Santa Cruz County. (SC-SC) [ SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

b.  Appeal No. A-3-SCO-08-042 (Trousdale, Santa Cruz Co.) Appeal by Fay Levinson of Santa Cruz County decision granting permit with conditions to Kelley and Cindy Trousdale to demolish 1-story single family home and construct 4,251 sq.ft., 2-story single family home at 660 Bayview Drive on bluff above Hidden Beach in Aptos area of south Santa Cruz County. (SC-SC)  [ SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

[ Items 16c through e share a single, combined staff report.]

c.  Appeal No. A-3-SCO-09-001 (Frank, Santa Cruz Co.) Appeal by Fay Levinson and William Comfort of Santa Cruz County decision granting permit with conditions to Donald Neil Frank to construct 3,207 sq.ft., 2-story, single-family home with associated site improvements on vacant bluff-top property off of Bayview Drive and above Hidden Beach in Aptos area of south Santa Cruz County. (SC-SC) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

d.  Appeal No. A-3-SCO-09-002 (Frank, Santa Cruz Co.) Appeal by Fay Levinson and William Comfort of Santa Cruz County decision granting permit with conditions to Donald Neil Frank to construct 3,721 sq.ft., 2-story, single-family home with associated site improvements on vacant bluff-top property off of Bayview Drive and above Hidden Beach in Aptos area of south Santa Cruz County. (SC-SC) [ SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

e. Appeal No. A-3-SCO-09-003 (Frank, Santa Cruz Co.) Appeal by Fay Levinson and William Comfort of Santa Cruz County decision granting permit with conditions to Donald Neil Frank to construct 5,547 sq.ft., 2-story, single-family home with associated site improvements on vacant bluff-top property off of Bayview Drive and above Hidden Beach in the Aptos area of south Santa Cruz County. (SC-SC) [ SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

f.  Appeal No. A-3-SLO-10-028 (Warren Willis Trust, San Luis Obispo Co.) Appeal by Commissioners Shallenberger and Wan of San Luis Obispo County decision granting permit with conditions to Warren Willis Trust for lot line adjustment for 2 agricultural properties (from approximately 318 acres and 1.1 acres to approximately 316.5 acres and 2.6 acres) along San Simeon Creek Road upcoast of Cambria in unincorporated San Luis Obispo County. (JB-SC) [ SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

17. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES. Attention: 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 17a below on July 6.]

a.  Application No. 3-09-052 (Neal, Pismo Beach) Application of Jack and Rita Neal to plug sea cave and fill sink hole in bluffs fronting 409 Indio Drive in Pismo Beach, San Luis Obispo County. (MW-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

18. 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. 3-04-027-A2-EDD (City of Pacific Grove, Pacific Grove) Appeal by City of Pacific Grove of Executive Director's determination that proposed amendment (to recognize existing unpermitted residential preferential parking program along Pacific Grove shoreline when the base permit required it to be removed) lessens and avoids the intend effect of the permit (pursuant to CCR § 13166), Pacific Grove, Monterey County. (MW-SC) [POSTPONED]

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 v. CCC (Access for All et al. RPI), Govt. Code § 11126(e)(2)(A)
Access for All v. Ackerberg, Govt. Code § 11126(e)(2)(A)
CCC v. Witter et al., Govt. Code § 11126(e)(2)(A)
City of Dana Point v. CCC (Headlands Reserve LLC, RPI), Govt. Code § 11126(e)(2)(A)
Harrington et al. v. CCC, Govt. Code § 11126(e)(2)(A)
Hines v. CCC et al. (Star, RPI), Govt. Code § 11126(e)(2)(A)
Jackson-Grube Family, Inc. v. CCC, Govt. Code § 11126(e)(2)(A)
Littlejohn et al. v. CCC (Margolis et al., RPI), Govt. Code § 11126(e)(2)(A)
Revell v. CCC (Access for All, RPI), Govt. Code § 11126(e)(2)(A)
Ross v. CCC et al. (Malibu Bay Co., RPI), Govt. Code § 11126(e)(2)(A)
Save the Park v. CCC (Colmer, RPI), Govt. Code § 11126(e)(2)(A)
Sterling v. CCC, 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).

 Report from Closed Session

 
19.  APPROVAL OF MINUTES.   

20.  COMMISSIONERS' REPORTS.

21.  CONSERVANCY REPORT.

22.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

23.  DEPUTY ATTORNEY GENERAL'S REPORT.

24.  EXECUTIVE DIRECTOR'S REPORT including report and possible Commission action on legislation and water quality.

a.  Enhancement Grants Assessment & Strategy. Discussion and possible action on Enhancement Grants Assessment & Strategy (a set of management tasks designed to achieve enhancements of the California Coastal Management Program in priority issues areas of Cumulative and Secondary Impacts, Wetlands, Coastal Hazards, Special Area Management Plans, and Public Access) for submittal to the federal office of Ocean and Coastal Resource Management (OCRM) pursuant to §309 of Coastal Zone Management Act. (MJ-SF)

 Future Meetings:  The next meetings of the Coastal Commission are August 11-13 in San Luis Obispo and September 15-17 in Eureka.