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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.

FRIDAY, AUGUST 10, 2012

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  AGENDA CHANGES

4.  GENERAL PUBLIC COMMENT. At some time prior to adjournment for the day, public comment will be heard for items not listed on today's agenda for no more than 30 minutes.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

5.  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.

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

7. 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. E-02-005 (Coast Seafoods Company, Eureka)Request by Coast Seafoods Co. to amend permit to install and operate an additional twenty clam cultivation rafts in Arcata Bay, Eureka, Humboldt County. (CT-SF)

b.  Permit No. E-05-007 & CC-076-05 (Monterey Bay Aquarium Research Institute, Moss Landing) Request by Monterey Bay Aquarium Research Institute to amend Special Condition 7 to increase the interval between required surveys of their undersea communications cable to once every five years, Moss Landing, Monterey County. (KH-SF)

8. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a.  CC-009-12 (San Diego Association of Governments (SANDAG), San Diego) Consistency certification by SANDAG to construct 4.3-mile-long second mainline railroad track between control points San Onofre and Pulgas within Marine Corps Base Camp Pendleton in northern San Diego County (LJS-SF)

b.  CD-014-12 (U.S. Coast Guard, Humboldt Co.)Consistency determination by U.S. Coast Guard to construct a 510-ft. rock revetment adjacent to Building 8 at Coast Guard Station Humboldt Bay, Samoa, Humboldt County. (KH-SF)

NORTH 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 Eureka office at (707) 445-7833.

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

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

a.  Humboldt County LCP Amendment No. HUM-MAJ-1-08 (Samoa). Concurrence with the Executive Director's determination that the resolutions and ordinances adopted by Humboldt County accepting certification of HUM-MAJ-1-08 (Samoa) are legally adequate. (RSM-E)

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.

a.  Application No. 1-11-18 (O'Reilly, Humboldt Co.) Application of Mary O'Reilly to add to single family home by (1) constructing detached 750 sq.ft., 1-story, 2-car garage with storage and work areas with covered entry porch; (2) replace 20-in. diameter 35- ft. long culvert and concrete abutment installed without a permit with new 6’ x 18’ concrete bridge to access new garage; (3) remove two redwood trees; and (4) authorize after-the-fact reconfiguration and paving of driveway, reorient garage, construct new covered porch, install wooden footbridge across watercourse, and construct paved 300 sq.ft. dog kennel area, at 3110 Patricks Point Drive, north of Trinidad, Humboldt County. (MBK-E)

b.  Application No. 1-12-7 (California Department of Fish & Game, Region 1, Del Norte Co.) Application of California Department of Fish & Game, Region 1 to remove invasive European beachgrass from 34 acres of foredunes on either side of Lake Tolowa lagoon mouth, using a combination of manual and mechanical removal techniques and restore natural ecological processes to benefit native dune plant and animal species, at Lake Earl Wildlife Area (outer beach at Lake Tolowa mouth), north of Crescent City, Del Norte County. (MF-E)

c.   Application No. 1-09-13 (Decker, Humboldt Co.) Application of Paul& Kristen Decker to (1) demolish five historic visitor-serving lodging structures totaling 2,940 sq. ft. (including two 720-sq.-ft. 2-bedroom mobile homes and three 500-sq.-ft. one-bedroom cabins); (2) develop three new pre-fabricated visitor-serving lodging structures totaling 6,091 sq. ft., including a 2,450-sq.-ft. three-bedroom cabin, a 1,716-sq.-ft. one-bedroom cabin, and a 1,925-sq.-ft. two-bedroom cabin, primarily within the footprint of existing structures to be demolished; (3) develop a new pre-fabricated 420-sq.-ft. one-bedroom cabin to be used as a caretaker’s unit; (4) repair and maintain two existing one-bedroom visitor-serving cabins (520 sq. ft. and 725 sq. ft.) involving interior remodeling and exterior reroofing; (5) improve the existing septic system; and (6) authorize after-the-fact the removal of five mature trees and the placement of 700-square-foot canopy cover over a private recreational vehicle stationed on the property without the benefit of a CDP, at 3058 Patricks Point Drive, north of Trinidad, Humboldt County. (MBK-E)

13. 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. 1-07-13-A2 (California Department of Transportation (Caltrans), Humboldt Co.) Request by Caltrans to modify permit granted for replacement of Highway 101 Mad River Bridge to (1) leave the base of Pier 8 of the old bridge, with logs and root wads, maintain and enhance fish habitat; (2) leave bases of Piers 6& 9 of old bridge cut below ground level; and (3) authorize mitigation plan for fish and channel impacts at Highway 101 crossing of Mad River, between Arcata and McKinleyville, Humboldt County. (JRB-E)

ENFORCEMENT

14.  ENFORCEMENT REPORT. Report by Chief of Enforcement on Statewide Enforcement Program.

14.3.  Consent Cease and Desist Order No. CCC-12-CD-04 (Linder – Malibu, Los Angeles County) Public hearing and Commission action on proposed Consent Cease and Desist Order authorizing and ordering Eric and Barbara Linder to: (1) cease and desist from maintaining existing unpermitted development and/or engaging in any further unpermitted development, including, but not limited to: removal of major vegetation; development within a deed-restricted area inconsistent with Coastal Development Permit (CDP) 5-85-057; retaining/gabion walls; side-cast material; hardscaping, planters, and non-native plants within the deed-restricted 25-ft setback; wooden retaining structures; a path inconsistent with the Deed Restriction; stairs; irrigation; horse corral with altered, flattened areas; fences; drainage devices; and (2) to undertake measures necessary to comply with the Coastal Act. Eric and Barbara Linder shall remove unpermitted development and development inconsistent with CDP 5-85-057, among other things, on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Numbers (APN) 4473-020-018, 4473-020-017, and County-owned 4473-020-903. The proposed Consent Order also includes provisions for resolving claims for injunctive relief and civil liability for undertaking development in violation of the Coastal Act. (RTA-SF) [POSTPONED]

14.5.  Consent Restoration Order No. CCC-12-RO-04 (Linder – Malibu, Los Angeles County) Public hearing and Commission action on proposed Consent Restoration Order authorizing and ordering Eric and Barbara Linder to: (1) remove unpermitted development including but not limited to: development within a deed-restricted area inconsistent Coastal Development Permit (CDP) 5-85-057; retaining/gabion walls; side-cast material; hardscaping, planters, and non-native plants within the deed-restricted 25-ft setback; wooden retaining structures; a path inconsistent with the Deed Restriction; stairs; irrigation; horse corral with altered, flattened areas; fences; drainage devices; and (2) to undertake measures for restoration of those areas affected by the unpermitted development on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Numbers (APN) 4473-020-018, 4473-020-017, and County-owned 4473-020-903. The proposed Restoration Order also includes provisions for resolving claims for injunctive relief and civil liability for undertaking development in violation of the Coastal Act. (RTA-SF) [POSTPONED]

CENTRAL COAST DISTRICT

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

16. LONG-RANGE DEVELOPMENT PLAN.

a.  University of California, Santa Cruz Notice of Impending Development No. 4. Notice of Impending Development to implement a parking management program in the lower terrace area at UCSC's Marine Science Campus at Terrace Point in the City of Santa Cruz, Santa Cruz County. (SC-SC)[WITHDRAWN]

b.  University of California of Santa Cruz Notice of Impending Development No. 5. Notice of Impending Development to improve two and construct three new public coastal access overlooks at UCSC's Marine Science Campus at Terrace Point in the City of Santa Cruz, Santa Cruz County. (SC-SC)

 Motion and Vote

17. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-3-SCO-12-006 (Next G,Santa Cruz Co.) Appeal by Commissioners Brennan and Stone, and by Joshua Hart, of Santa Cruz County decision granting permit with conditions to Next G Networks of California for installation of 6 new microcell facilities on existing utility poles (five along Highway 1 and one along Swanton Rd.) and 192 sq.ft. equipment shelter (adjacent to Swanton Rd.) along unincorporated northern Santa Cruz County coast area. (SC-SC) 

 Motion and  Vote

18. 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. 3-11-003 (California Department of Parks and Recreation and Aramark, Pacific Grove)Application of California Dept. of Parks and Recreation and Aramark (concessionaire) to construct ADA site accessibility upgrades at Asilomar State Beach and conference grounds, and to renovate Crocker Dining Facility, at 800 Asilomar Avenue, Pacific Grove, Monterey County. (JM-SF)

b.  Application No. 3-11-034 (Novak, Santa Cruz Co.) Application of Richard Novak to modify foundation of existing concrete seawall by pumping about 3 cu.yds. of concrete into voids formed under seawall’s base on beach (Privates Beach) and base of bluffs fronting 4480 Opal Cliff Dr. in unincorporated Opal Cliffs area of Santa Cruz County. (JA-SC)

19. 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 Number 3-04-027-A3 (City of Pacific Grove Parking Program).Request by the City of Pacific Grove to amend permit to establish 2-hr. public parking and residential permit parking program, at Sloat Ave. and Ocean View Blvd. (between 1st St. and Dewey Ave.), Pacific Grove, Monterey County. (JM-SF)

 Motion and  Vote 

Amending  Motion and  Vote

Future Meetings
:
The next meetings of the Coastal Commission are September 12-14, in Mendocino County and October 10-12, in San Diego County .