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9:00 A.M.

WEDNESDAY, AUGUST 11, 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.

NORTH 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 Eureka office at (707) 445-7833. [APPROVED]

CLOSED SESSION.  At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including:

City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPIs) Govt. Code § 11126(e)(2)(A).
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPIs) Govt. Code § 11126(e)(2)(A). 
City of Oxnard et al. v. CCC (Southern California Edison, RPI) Govt. Code § 11126(e)(2)(A). 
Hagopian et al. v. CCC et al. 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). 
LandWatch San Luis Obispo County v. Cambria Community Services Dist., et al.  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). 
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

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

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

a.  City of Arcata LCP Amendment No. ARC-MAJ-1-9 (City of Arcata - LCP Update)  Time Extension.  Public hearing and Commission action to extend time limit for action by Commission for LCP Amendment No. ARC-MAJ-1-09. (JB-E) [APPROVED]

 Motion and Vote

 

b.  Mendocino County LCP Amendment No. MEN-MAJ-1-08 (Delamotte)  Time Extension.  Public hearing and Commission action to extend time limit for action by County of Mendocino to accept Commission certification of LCP Amendment No. MEN-MAJ-1-08 (Delamotte) with suggested modifications.  (MBK-E) [APPROVED]

 Motion and Vote

 

c.  Del Norte County LCP Amendment No. DNC-MAJ-1-09 (Flood Damage/General Provisions/Hogberg) Time Extensiion.  Public hearing and Commission action to extend time limit for action by Commission for LCP Amendment No. DNC-MAJ-1-09 (Flood Damage/General Provisions/Hogberg)  (JB-E) [APPROVED]

 

 Motion and Vote

7. NEW APPEALS.  See AGENDA CATEGORIES.

a. 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 the Pebble Beach Drive Rehabilitation and Bike Paths Coastal Trail Project, at Pebble Beach Drive from City of Crescent City limits to Washington Boulevard. (RSM-E) [NO SUBSTANTIAL ISSUE FOUND]

 

 Motion and Vote

8. 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 ffor item 8a below on August 5.]

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) [APPROVED WITH CONDITIONS]

 

 Motion and  Vote

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

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

11. 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 the staff report for item 11a below on August 10.]

a.  Appeal No. A-2-SMC-07-01 (Sterling, San Mateo Co.) Appeal by Commissioners Caldwell & Kruer from decision of County of San Mateo granting permit with conditions to Dan & Denise Sterling for conversion of agricultural well to domestic use, construction of new 6,456 sq.ft., single family home, placement of up to 7 water storage tanks for fire suppression, installation of septic system, construction and grading of private access driveway, and legalization of existing mobile home as temporary housing during construction, on legal 143-ac. parcel located east of unincorporated El Granada area of San Mateo County, at 300 San Juan Ave, El Granada, San Mateo County. (CL-SF) [APPROVED WITH CONDITIONS]

 Motion and  Vote

 Motion and Vote

CENTRAL COAST DISTRICT

12.  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. [APPROVED]

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

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

a  City of Carmel-by-the-Sea LCP Amendment No. CML-1-10 (Medical Marijuana Dispensaries). Public hearing and action 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. City of Carmel-by-the-Sea LCP Amendment No. CML-2-10 (Mills Act Historic Preservation). Public hearing and action on request by City of Carmel-by-the-Sea to modify the LCP’s historic preservation requirements (including to eliminate certain standards, put more emphasis on historic rehabilitation, and to expand the number of eligible properties) in accordance with the Mills Act. (MW-SC) [APPROVED]

 Motion and Vote

c. 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. (MC-SC) [APPROVED WITH MODIFICATIONS]

 

 Motion and vote

d. San Luis Obispo County LCP Amendment No. SLO-3-09 (Framework for Planning Update). Public hearing and action on request by San Luis Obispo County to update the LCP’s Framework for Planning. (MC-SC) [APPROVED WITH MODIFICATIONS]

 Motion and Vote

 

 Motion and Vote

[Addenda have been appended to the the staff reports for items 16a and 16b below on August 10.]

a.   Appeal No. A-3-SLO-06-043 (SDS Family Trust, Harmony Coast). Appeal by Commissioners Wan and Reilly, and the Sierra Club of San Luis Obispo County decision granting permit with conditions to the SDS Family Trust to construct a barn and to remove an existing public accessway west of Highway One adjacent to the Pacific Ocean along the Harmony Coast area near Cayucos in unincorporated San Luis Obispo County. (MC-SC) [SUBSTANTIAL ISSUE FOUND, at de novo hearing: APPROVED, in part and DENIED, in part]

 Motion and Vote

b. Appeal No. A-3-SLO-10-016 (State Parks, Harmony). Appeal by the Schneider Family Trust and the SDS Family Trust of San Luis Obispo County decision granting permit with conditions to the California Department of Parks and Recreation to improve a parking area and related development along Highway One (including signs, information kiosk, bridge rails, and an iron ranger fee collection tube) supporting use of Harmony Headlands State Park, between Cayucos and Cambria along the Harmony Coast in unincorporated San Luis Obispo County. (JB-SC) [POSTPONED]

c.  Appeal No. A-3-SCO-10-025 (Ingram, Pleasure Point). Appeal by Lisa and William Shawver of Santa Cruz County decision granting permit with conditions to Alex and Kristine Ingram to amend previous coastal permit (which authorized an addition and remodel to an existing residence) including to increase the floor area ratio from the allowed 50% to about 59%, at 7 Rockview Drive adjacent to the Pleasure Point surfing area in the unincorporated Live Oak area of Santa Cruz County. (SC-SC) [NO SUBSTANTIAL ISSUE FOUND]

 Motion and Vote

d.  Appeal No. A-3-SLO-10-031 (Goodan, Harmony). Appeal by Commissioners Mirkarimi and Wan of San Luis Obispo County decision granting permit with conditions to Eunice Goodan to construct a 5,019 sq. ft., 2-story, single-family home (with an approximate 2,500 sq. ft. footprint, 1,281 sq. ft. unconditioned basement/workroom, 886 sq. ft. attached garage, 1,297 sq. ft.  deck, 5,000 gallon water tank, and various drainage and landscape improvements) on blufftop area, and to convert an existing 1,100 sq. ft. single-family home on site to farm support residence, at 500 Harmony Ranch Road approximately 1.25 miles west of Highway One, and 2 miles south of community of Cambria along the Harmony Coast in unincorporated San Luis Obispo County. (JB-SC) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

 Motion and Vote

16. 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. 3-09-25 (Pebble Beach Company, Del Monte Forest). Application of Pebble Beach Company to construct retaining wall and seawall below The Pebble Beach Beach Club fronting Stillwater Cove in Pebble Beach area of Monterey County. (KM-SC) [APPROVED WITH CONDITIONS]

 

Motion and Vote

 

b.  Application No. 3-09-42 (O'Neill, Pleasure Point). Application of Jack O’Neill to construct faux bluff sculpted concrete seawall at base of bluff below 2-3610 East Cliff Drive adjacent to Pleasure Point surfing area in unincorporated Live Oak area of Santa Cruz County. (SC-SC) [APPROVED WITH CONDITIONS]

 Motion and Vote

c. Application No. 3-09-68 (City of Santa Cruz, Santa Cruz). Application of City of Santa Cruz to implement Arana Gulch Master Plan for 67.7 acre City-owned greenbelt property and to construct connecting trail segments outside of greenbelt area. Project includes management and restoration of habitat areas; improvements to existing trail system, including paved multi-use path (some over existing trails, some new); construction of new bridge over Hagemann Gulch; interpretive displays and trail signage; installation of fencing, including to allow limited cattle grazing, at Arana Gulch just inland of Santa Cruz Harbor in Santa Cruz County. (SC-SC) [POSTPONED]

17. 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 (City of Pacific Grove, Pacific Grove). Appeal by the City of Pacific Grove of the Executive Director’s determination that the proposed amendment (to recognize an existing unpermitted residential preferential parking program along the Pacific Grove shoreline when the base CDP required it to be removed) lessens and avoids the intend effect of the CDP (pursuant to CCR Section 13166). (MW-SC) [POSTPONED]

STATEWIDE

18.  APPROVAL OF MINUTES.  [APPROVED]

19.  COMMISSIONERS' REPORTS.

20.  CONSERVANCY REPORT.

21.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

22.  DEPUTY ATTORNEY GENERAL'S REPORT.

23. EXECUTIVE DIRECTOR’S REPORT including report and possible Commission action on legislation and water quality.

Morro Bay Boat Tour 

What:       Morro Bay Harbor Tour aboard the Papagallo

Date:        August 11th

Time:        6:30 p.m. (approximate time depending on the end time of the
Coastal meeting)

Reservation is a must.  Space is limited. 

Call Vicki at 805-781-4337 before August 6th.

Future Meetings:  The next meetings of the Coastal Commission are September 15-17 in Eureka and and October 13-15 in Oceanside.