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November 2012 Agenda

Santa Monica Civic Auditorium – East Wing
1855 Main Street
Santa Monica, CA 90401
(415) 407-3211

Phone number will only be in service when the meeting is in session.

Please note: agenda items are subject to change.

9:00 A.M.

WEDNESDAY, November 14, 2012

1.  CALL TO ORDER.

2.  ROLL CALL.

STATEWIDE

3.  AGENDA CHANGES.

4.  GENERAL PUBLIC COMMENT. Public comments will be heard at 9:00 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.

ENFORCEMENT

5.  ENFORCEMENT REPORT. Report by Chief of Enforcement on Statewide Enforcement Program. (LAH-SF)

[ Items 6 and 7 below share a single, combined staff report.]  Motion and Vote  Motion and Vote

6.Consent Cease and Desist Order No. CCC-12-CD-07 (Moore, Gualala, Mendocino Co.) Public hearing and Commission action on proposed Consent Cease and Desist Order directing Greg and Sandra Moore to cease and desist from maintaining existing unpermitted development, some of which is located within an Environmentally Sensitive Habitat Area ("ESHA") and mandated ESHA buffers, or undertaking additional unpermitted development on, and directing them to remove the existing unpermitted development from, a bluff-top property at 37900 Old Coast Highway, Gualala, Mendocino County. (MSW-SF)

7.Consent Restoration Order No. CCC-12-RO-07 (Moore, Gualala, Mendocino Co.) Public hearing and Commission action on proposed Consent Restoration Order directing Greg and Sandra Moore to remove unpermitted development, some of which is located within Environmentally Sensitive Habitat Area ("ESHA") and its buffers, from, and to restore impacted areas on, a bluff-top property at 37900 Old Coast Highway, Gualala, Mendocino County. (MSW-SF)

NORTH COAST DISTRICT

8.  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.

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

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.   Application No. 1-12-13 (Wilson, Humboldt Co.) Application of Rob& Patti Wilson to remove approximately 10 trees and construct 16-ft. high, 1,456 sq.ft. single-family home with attached 528 sq.ft. garage, 168 sq.ft. covered patio, paved driveway, on-site sewage disposal system, and 2,500-gal. water tank for fire abatement, at 396 Roundhouse Creek Road, Trinidad, Humboldt County. (MBK-E)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

11.  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.

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

13. 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.

[Addenda have been appended to the staff reports for items 13a and 13b below on November 13.]

a.   Application No. E-11-029 (Taylor Mariculture, Humboldt Co.) Application of Taylor Mariculture to establish a shellfish seed cultivation operation on an existing pier facility at Arcata Bay, Humboldt County. (CT-SF)  Motion and Vote

[Correspondence received regarding item 13b below has been linked from the report on November 5;
additional correspondence received has been linked on November 13.]

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, section 11126(e)(2)(A)
Big Wave LLC et al. v. CCC, Govt. Code, section 11126(e)(2)(A)
Cannery Row Marketplace LLC v. CCC et al., Govt. Code, section 11126(e)(2)(A)
City of Carlsbad v. Energy Resources Development & Conservation Comm. (CCC et al., RPI), Govt. Code, section 11126(e)(2)(A)
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI), Govt. Code, section 11126(e)(2)(A)
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPI), Govt. Code, section 11126(e)(2)(A)
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI), Govt. Code, section 11126(e)(2)(A)
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPI), Govt. Code, section 11126(e)(2)(A)
Khalkhali v. CCC (Svitek, RPI), Govt. Code, section 11126(e)(2)(A)
Norberg v. CCC, Govt. 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).

STATEWIDE

14.  APPROVAL OF MINUTES.

15.  COMMISSIONERS' REPORTS.

16.  CONSERVANCY REPORT.

17.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

18.  SANTA MONICA BAY RESTORATION REPORT.

19.  DEPUTY ATTORNEY GENERAL'S REPORT.