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AUGUST 2012 AGENDA

SANTA CRUZ COUNTY
BOARD OF SUPERVISORS CHAMBERS
701 OCEAN STREET
SANTA CRUZ, CA  95060
(415) 407-3211

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


9:00 A.M.

WEDNESDAY, AUGUST 8, 2012

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  AGENDA CHANGES.

4.  GENERAL PUBLIC COMMENT. Public comments will be heard at 9 am for items not on the agenda, for no more than 30 minutes. For those unable to attend the early comment period, there will be additional comment time available later in the day.

SOUTH CENTRAL COAST DISTRICT

4.5. REVOCATION. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 4.5a below on August 7.]

a.   Revocation Request No. R-4-07-098 (California Dept. of Parks and Recreation, Malibu) Request by Wetlands Defense Fund and Coastal Law Enforcement Action Network to revoke permit 4-07-098 granted to California Dept. of Parks and Recreation to restore and enhance Malibu Lagoon to improve function of lagoon ecosystem by recontouring lagoon configuration, slopes and drainages to increase hydrologic flow (51,200 cu.yds. cut, 37,500 cu.yds. fill, and 13,700 cu.yds. export), habitat restoration plan to replant native species and remove non-native species, construct public access trail around lagoon, construct interpretive public educational amenities, and implement long-term monitoring plan, Malibu Lagoon State Beach, City of Malibu, Los Angeles County. (AG-V)

 Motion and Vote

SOUTH COAST DISTRICT (Los Angeles County)

5. ADMINSTRATIVE CALENDAR. See AGENDA CATEGORIES.

a.  Application No. 5-12-165 (Ashley, Long Beach) Application of Jamie Ashley to remove and replace private U-shaped floating boat dock and gangway in same location using existing piles, at 5494 The Toledo, Long Beach, Los Angeles County. (CP-LB)

6.  CONSENT CALENDAR. See AGENDA CATEGORIES Motion and Vote

a. Application No. 5-12-137 (Verizon Wireless, Pacific Palisades) Application of Verizon Wireless to install new 24-ft. high steel monopole with radome on top, and utility cabinet near base, for cellular communications, at 1801 Palisades Dr, Pacific Palisades, Los Angeles County. (AP-LB)

b. Application No. 5-12-138 (Verizon Wireless, Los Angeles) Application of Verizon Wireless to install new 24-ft. high steel monopole with radome on top, and utility cabinet near base for cellular communications, at 1651 Palisades Dr., Los Angeles, Los Angeles County. (AP-LB)

c.  Application No. 5-12-139 (Verizon Wireless, Pacific Palisades) Application of Verizon Wireless to install new 24-ft. high steel monopole with radome on top, and utility cabinet near base, for cellular communications, at 1451 Palisades Dr, Pacific Palisades, Los Angeles County. (AP-LB)

SOUTH COAST DISTRICT (Los Angeles County)

7.  DEPUTY DIRECTOR’S REPORT FOR LOS ANGELES COUNTY. 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 Long Beach office at (562) 590-5071.

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

9. 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. 5-95-55-A12 (City of Long Beach, Long Beach) Request by City of Long Beach for installation of seawater intake system between Los Angeles River Estuary and aquarium holding tanks, consisting of 450-ft. long underground pipeline and submersible pump attached to existing fishing pier, at 100 Aquarium Way, Long Beach, Los Angeles County. (CP-LB)

SOUTH CENTRAL COAST DISTRICT

10.  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.

11.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.    Motion and Vote

[ Items 11.1 and 11.3 below share a single, combined staff report.]

11.1. PUBLIC WORKS PROJECT. See AGENDA CATEGORIES.

a. Santa Barbara City College PWP Amendment No. SBCC-PWPA-1-12. Public hearing and action on request by Santa Barbara City College to amend its Public Works Plan to include modifications to the existing Humanities building, consisting of interior remodeling and construction of a 2,070 sq. ft., 34 ft. tall, ADA compliant elevator and bathroom addition, at Santa Barbara City College East Campus, Santa Barbara County. (MA-V)

 Motion and Vote

11.3. NOTICE OF IMPENDING DEVELOPMENT. See AGENDA CATEGORIES.

a. SBCC-NOID-1-12 (Santa Barbara City College). Public hearing and action on Notice of Impending Development by Santa Barbara City College for addition and remodel to the existing Humanities Building to include a 2,070 sq. ft., 34 ft. high, attached structure with ADA accessible bathrooms and elevator tower, at Santa Barbara City College East Campus, Santa Barbara County. (MA-V)

 Motion and Vote

11.5. NEW APPEALS. See AGENDA CATEGORIES.

a.   Appeal No. A-4-MAL-12-048 (Kaplan, Malibu). Appeal by Commissioners Zimmer and Brennan from decision of City of Malibu granting permit to Stephen and Jean Moran Kaplan for demolition of an existing single-family beachfront residence and associated development, and construction of a new single-family beachfront residence with a detached accessory structure, covered patios, new spa, firepit, roof deck, roof-top solar panels, hardscape, new alternative wastewater treatment system, a new foundation system consisting of grade beams and 37 piles, and a public view corridor, at 31302 Broad Beach Road, City of Malibu, Los Angeles County. (DC-V) [POSTPONED]

12. 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 12a blelow on August 7.]  

a.  Application No. 4-09-013 (Mariposa Land Company, Malibu)Application (on remand from court decision) of Mariposa Land Co. for permanent placement of rock rip-rap revetment along 500-ft. section of west bank of lower Malibu Creek, in follow-up to emergency permit. The proposed project also includes revegetation of revetment site, at 3728 Cross Creek Road, Malibu, Los Angeles County. (DC-V)

 Motion and Vote

b.  Application No. 4-09-026 (Ventura Port District and Sondermann Ring Partners, San Buenaventura)Application of Ventura Port District and Sondermann Ring Partners to adjust lot lines of Port District parcels 15, 16, and 18 and construct 44,400 sq. ft. new public recreational marina; install new piles, gangways, and utilities for berthing of 104 boats, 30 to 80 feet in size; construct new 90-ft. public long dock for exclusive use by personal watercraft; designate 6 new public transient boating spaces, 1 new non-profit boating space, and 1 new water taxi stop, Ventura Harbor, San Buenaventura, Ventura County. (JB-V)

 Motion and Vote

c.  Application No. 4-11-063 (Hansson, Malibu)Request by David Hansson to construct 7,910 sq.ft., 33.5-ft. high single family home with 5,420 sq.ft. attached subterranean garage, pool, spa, septic system, approx. 150-ft. long driveway, fire department turnaround, driveway retaining walls and 4,900 cu.yds. of grading (2,450 cu.yds. cut, 50 cu.yds. fill, and 2,400 cu.yds export) at 850 Schueren Rd, Malibu, Los Angeles County.(AG-V)

NORTH 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 San Francisco office at (415) 904-5260.

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

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

a.  San Mateo County LCP Amendment No. SMC-1-11 (Midcoast Update). Public hearing and action on San Mateo County’s resubmittal and request for certification without modifications of an amendment to the LCP land use plan (LUP) and implementation plan (IP) for the urban Midcoast area (El Granada, Miramar, Moss Beach, Montara, and Princeton-by-the-Sea). (ND-SF) 

 Motion and  Vote

 Motion and Vote

16. NEW APPEALS. See AGENDA CATEGORIES.

a.   Appeal No. A-2-SMC-11-021 (Big Wave LLC and Scott Holmes, San Mateo Co.) Appeal by Commissioners Blank and Shallenberger, Committee for Green Foothills, Granada Sanitary District, Pillar Ridge Homeowners Association, San Mateo County League for Coastside Protection, Sierra Club, and Surfrider Foundation of San Mateo County decision granting permit with conditions to Big Wave LLC and Scott Holmes for subdivision of 2 parcels into 13 lots (northern parcel into 10 lots, and southern parcel into 3 lots); construction of 8 office park buildings (containing 225,000 sq. feet of mixed-office uses and 640-space parking lot); construction of 2 wellness center buildings (containing max. of 57 dwelling units and accessory uses and 50-space parking lot); construction of 10,000 sq.ft. commercial public storage facility and 4,000 sq.ft. wellness center storage; construction of 6,000 sq. ft. communications and back-up power facilities; use of existing agricultural well for domestic purposes; establishment of mutual water service company and community wastewater treatment and recycling system; restoration of wetland habitat; with approx. 26,050 cu.yds. of balanced cut and fill, at Airport St. in unincorporated Princeton-by-the-Sea area of San Mateo County. (ND-SF)

 Public Comment on Item

 Return to Staff

 Return to Commission

 Motion and  Vote

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.

a.   Application No. 2-11-24 (City of Daly City Revetment) Application of City of Daly City to repair and expand riprap revetment at Mussel Rock landfill, including stabilizing 450 linear ft. of eroded seawall, and placing additional riprap to total height of 34 feet, at Mussel Rock landfill, north of Skyline Drive in Daly City, San Mateo County. (KG-SC)

 Motion and  Vote

CENTRAL COAST DISTRICT

18.  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.

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

20. VESTED RIGHTS CLAIMS.

a.  Application No. 3-12-013-VRC (McCarthy,Avila Beach, San Luis Obispo Co.) Application of Rob and Judi McCarthy for claim of vested right for County Service Area 12 domestic water service for proposed 5,500 sq.ft. single-family home and proposed 1,000 sq.ft. secondary home above detached 1,000 sq.ft. garage/workshop and related development located on Cave Landing Rd approx. 500 feet north of parking/access area for Pirates Cove Beach in unincorporated Avila Beach area of San Luis Obispo County. (DR/LW-SC/SF)[POSTPONED]

21. NEW APPEALS. See AGENDA CATEGORIES.

a.   Appeal No. A-3-SLO-11-061 (McCarthy, San Luis Obispo Co.) Appeal by Commissioners Brennan and Stone of San Luis Obispo County decision granting permit with conditions to Rob and Judi McCarthy for construction of 5,500 sq.ft. single-family home and 1,000 sq.ft. secondary home above detached 1,000 sq.ft. garage/workshop, and related development, including extension of public water service to project site, located on Cave Landing Rd. approximately 500 feet north of parking/access area for Pirates Cove Beach in unincorporated Avila Beach area of San Luis Obispo County. (DR-SC)[POSTPONED]

CLOSED SESSION

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 Carlsbad v. Energy Resources Development & Conservation Comm. (CCC 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)
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code § 11126(e)(2)(A)
Fiery et al. v. CCC et al. Govt. Code § 11126(e)(2)(A)
Pacific Shores Property Owners Assn. v. Dept. of Fish & Game et al. Govt. Code § 11126(e)(2)(A)
Tolowa Nations et al. v. CCC et al. Govt. Code § 11126(e)(2)(A)
Kretowicz v. CCC Govt. Code § 11126(e)(2)(A)
Mariposa Land Co. v. CCC Govt. Code § 11126(e)(2)(A)
North Pacifica LLC v. CCC Govt. Code § 11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California Govt. Code § 11126(e)(2)(A)
Shea Homes LP v. CCC Govt. Code § 11126(e)(2)(A)
Westbridge Capital LLC v. CCC Govt. Code § 11126(e)(2)(A)
Wetlands Defense Fund et al. v. CCC (Cal. Dept. of Parks & Recreation, RPI) 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).

 STATEWIDE

22.  APPROVAL OF MINUTES.    Motion and Vote

23.  COMMISSIONERS' REPORTS.

24.  CONSERVANCY REPORT.

25.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

26.  DEPUTY ATTORNEY GENERAL'S REPORT.

27.  EXECUTIVE DIRECTOR’S REPORTincluding reports and possible Commission action on legislation and water quality.

a. Legislation. Legislative report and possible Commission action. (CL/SC-SF)

b. Interagency Agreement. Interagency Agreement between the California Coastal Commission and the Bay Conservation and Development Commission (BCDC). Approval of transfer of federal funds to BCDC for implementation of the California Coastal Management Program for Fiscal Year 2012-2013. (MJ-SF)

c. Public Education Grant Program. Public hearing and action on proposed targeted grant awards from sales of the Whale Tail' License Plate. (CP/SBL-SF)

d. Coastal Cleanup Day History & Tsunami Debris Report.Introduction to history and success of Coastal Cleanup Day and briefing on the status of preparations for the arrival of debris from the March 2011 tsunami in Japan. (ES-SF)

RECEPTION

A reception will be hosted by the City & County of Santa Cruz. It will be held at the Monterey Bay National Marine Sanctuary, Corner of Pacific and Beach Streets, Santa Cruz on Wednesday, August 8, 2012 beginning at 6:00 pm or at the conclusion of the Commission meeting. Members of the public are welcome to attend. Space is limited. To RSVP, contact Melody Serino, (831) 454-3403 for more details.