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_I STATE OF CALIFORNIA THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION 45 FREMONT. SUITE 2000 SAN FRANCISCO. CA 94105-2219 VOICE AND TOO (415) 904- 5200 FAX ( 415) 904- 5400 TO: ALL COMMISSIONERS FROM: PETER DOUGLAS, EXECUTIVE DIRECT SUBJECT: MINUTES of MEETING of OCTOBE < The Doubletree Club Hotel 1515 Hotel Circle South San Diego ARNOLD SCHWARZENEGGER. GOVERNOR W14 PACKET COPY 2. ROLL CALL. Present: Vi · .. airman .... ;"missioners Caldwell, Scarborough, Iseman, _Peters, (Alternate) Rose and Wan. Absent: Westly. Patten: ·· at 9:05a.m. Kruer arnved at 9:10a.m. 3. Approved: There bein o objection, Vice Chairman Burke ruled that this administrative permit be issued by the Executive Director.

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Page 1: STATE OF CALIFORNIA THE RESOURCES AGENCY W14 · _i state of california the resources agency california coastal commission 45 fremont. suite 2000 san francisco. ca 94105-2219 voice

_I

STATE OF CALIFORNIA THE RESOURCES AGENCY

CALIFORNIA COASTAL COMMISSION 45 FREMONT. SUITE 2000 SAN FRANCISCO. CA 94105-2219 VOICE AND TOO (415) 904- 5200 FAX ( 415) 904- 5400

TO: ALL COMMISSIONERS

FROM: PETER DOUGLAS, EXECUTIVE DIRECT

SUBJECT: MINUTES of MEETING of OCTOBE <

The Doubletree Club Hotel 1515 Hotel Circle South San Diego

ARNOLD SCHWARZENEGGER. GOVERNOR

W14 PACKET COPY

2. ROLL CALL. Present: Vi .· · .. airman Bud~e:i:t .... ;"missioners Caldwell, Scarborough, Iseman, Krq,,1,.ft.lit'L~U~.' (Aiternat~)~?oifft\ieely, _Peters, (Alternate) Rose and Wan. Absent: Westly. Patten: ·· at 9:05a.m. Kruer arnved at 9:10a.m.

3.

Approved: There bein o objection, Vice Chairman Burke ruled that this administrative permit be issued by the Executive Director.

Page 2: STATE OF CALIFORNIA THE RESOURCES AGENCY W14 · _i state of california the resources agency california coastal commission 45 fremont. suite 2000 san francisco. ca 94105-2219 voice

4. CONSENT CALENDAR. See items a through c on page 3 of the Meeting Notice. .r Staff recommended approval with special conditions.

Motion & Vote: Wan moved staff recommendation, seconded by Orr, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

ENFORCEMENT

5. ENFORCEMENT REPORT. Chief of EnTr\rr-=r Enforcement Program.

6. COMMISSION CEASE & DESIST ORDER No. recommended approval.

Mark The, representing David Ha to the project. Steve Hoye, represen favor of the project.

Motion & Vote: Orr moved staff . call vote was 1 0 in favor and

7. COMMISSION CEASE. No. CCC-04-

ak in opposition a request to speak in

8. 0. CCC-04-CD-12 (Munro & Pacific recommended approval.

subm request to speak in opp

Motion & Vote: Orr call vote was 11 in

mond Munro & Pacific Alliance Holdings, Inc., n to the project. Wade Weber submitted a

the project. Serge Palesitch submitted a request to

•v.wY.,>",... staff recommendation, seconded by Potter, and the roll nd 0 opposed. Passed.

MINUTES OF OCTOBER 13-15, 2004 PAGE2

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SOUTH COAST DISTRICT

9. DEPUTY DIRECTOR'S REPORT. Deputy Director Lee reported on matters not requiring public hearings, and on comments from the public.

10. CONSENT CALENDAR (removed from Regular Cal~ndar). None.

11. LOCAL COASTAL PROGRAMS (LCPs). ./: .. ,C;;;~t~!I;i> .·

a. L~guna Beach LCP Amendment No.:~,~~~)fr~~.~~~rQuali .· :~~:~~?t~~-~~~,mmended approva . , ..•. · :.·::. >:;~~·~!':'''· ··e~~!~~'J'i:t.~!i.i};> Motion & Vote on Plan as Submitted: Orr moved ctpproydl~,gf the Land Use Plan Amendment as submitted, seconded by Iseman, and Vlce*Chairman Burke ruled that the vote was unanimous. Passed. · ···. · '·>

:'i,~·;· •. ·,i :')~;'·.:t~L:::±:· .. ~.·;a~i~~;J Motion & Vote to Reject lmplementation:;;tg>rr moved to rejecftne implementation amendment as submitted, seconde<;t)?y'TSeman, and ~ice. Chairman Burke ruled that the vote was unanimous in oppositio ·~to)he wotion .. Tl]e wotion failed so the amendment was approved. /·.··· ., ;:;~,j~~

0' ·

reco~~e~~".,~o;n~~~~~~~~ii~t No. DPT ~M,\JZ61 :4 Time Extension. Staff

, ,~:£~1~(,-~:~~~~:t~V!t-,, Motion & Vote:~~~ sip n-)oxed stat[f~j~fr·> endation, seconded by Iseman, and Vice Chairman Burke·rul~d dt~the vote''W ' animous. Passed.

,. e?! f;. i ~~J~~;;~ii' ·. · ·' .. : ··: :/~' . . ; , ;~·~:\;,r~~.

12. COASTAL PERMIT APPLICATIONS.

a.

b. Applic N9~ S.;.o~:s21 (Ruby's Diner, Seal Beach) Staff recommended approval with spedaJ;;~{)nditions as modified in addendum.

Susan McCabe, representing the applicant, submitted a request to speak in favor of the project. Lee Whittenberg, representing the City of Seal Beach, submitted a request to speak in favor of the project.

MINUTES OF OCTOBER 13-15, 2004 PAGE3

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Motion: Iseman moved staff recommendation, seconded by Neely. ~~

Amending Motion & Vote: Iseman moved to delete the reduction in seating area, seconded by Potter, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

Vote on Main Motion: Vice Chairman Burke ruled that the roll call vote, on the main motion, as amended above, was unanimous. Passed

c. Application No. 5-04-82 (Jungwirth, Los Ang

d. Application No. 5~04-149 (Ward, La approval with special conditions.

David J. Neish, representing the applican of the project.

Motion: Iseman moved staff recomm Amending Motion & Vote: lsema setback), seconded by Potter, a (Iseman, Neely & Potter) and 8

Vote on Main Motion: The roll cal above, was 11 in favor and 0

without amendment

g (at

e. Application No.

f.

to build alleged vio Soaring Society, slope failure. Ma pictures of wetland in

ch) Withdrawn.

do Beach) Postponed.

presenting Cabrillo Mobile Home Park, said d homeowners' right of first refusal and gave land

wealthy developer, planning to dry up wetland and Is and private offices. F.K. Holtzman described

gliderport. Dr. Lawrence J. Fogel, representing Scale of non-native plants at Torrey Pines gliderport caused

h, representing Cabrillo Mobile Home Park, brought r plants removed 9/24 by Mills Land & Water.

LUNCH RECESS. The Commission recessed for lunch at 12:15 p.m. and returned at 1 :45 p.m.

MINUTES OF OCTOBER 13-15, 2004 PAGE4

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Peters and Kruer left during the following item.

g. Application No. 5-04-192 (Brightwater, Orange Co.) Staff recommended denial.

Ed Mountford, representing Hearthside Homes, submitted a request to speak in favor of the project. Susan Hori, representing the applicant, submitted a request to speak in favor of the project. Dr. Nancy Anastasia Wt;litoey-Desautels, representing the applicant, submitted a request to speak in favor of tti~tPtQj~c;f;t:Jifteen other speakers submitted requests to speak in favor of the projept: Ert:f&s~ .. d;.'J36rtelo; Karen Blankenzee; Tony Bomkamp; George Cross; S9~~y~Gr~~~Y&19,Y$,~()f Huntington ~each; Peter Green; Mark Hoover; Donald Hughes, sen1tOQ;-()range,~CQunty;,Supervlsor

~. . .QW .:>.;'<- ~·:' .> . . ,," . ·'' :.. ·' ' ~-~' }00'1-l ,, ,, 4. ~···~ < .' ' -·~ >)'?''~'<~

Silva; Joseph Jeffrey; CarolS. MacFarlane; Te. -'·;;;~·:K.i~pip; John·M~Iissq;;g,~~~ L. Royalty, representing Orange County Taxpayers~t/\ss!···(;:Jeremy Steele;;Ke,lly Sylvester;

,f~ ~f;\ ·, ':~i '<,'~~\:£,,>·; and Sandra Word. ;:~:!rf!:i:.. ····:>-r

:~::J~il[iL;':~~&krv The Bolsa Chico Land Trust & Amigos de ~olsa Chico niq¢1~"(] presentation in

opposition to the project: Shirley Dettloff~.Eyp eJ1ry, Gerald ... Cb.~~tpman, Mel Nutter, David Carlberg, Sandy Genis, James Ws RobC .a)iprie Alleii7·T~8 Dowding, and Nancy Donaven. Twenty other speakef~·submitt~~I(~'q~:Jests to speak in opposition to the project: Jim Anderson, representin9.:.~olsa;{~.Ri2¢{~L9nd;1~rust; Paul Arms, representing Orange County League'qt!ConservatioqV6ters; Virginia G. Bickford, representing California Cultural RE3~purc'e Pres~fvatiqO;iAIIiance; Julie Bixby, representing Bolsa Chico Land[f£y$t; Debbie Coqi<:;,;I~rrv Dolton, representing Amigos de Bolsa Chico; Marcia Hans~:gm, representir:lg·.w&~tlohds Action Network & Coastal Law Enforcement Action ~em~L'iS:i;.Louise v. Jeffreao-Warden, representing Maritime Shoshone, Inc.; Paul Kleven; re·Q"e~·senting Maritime Shoshone Inc.; Mark A. Massaro, representing Sie •· : b; Bruce'"Monf:oe~cepresenting Sierra Club; Linda Moon,

, ,•'~'<')0, ,' • :•< "'V ''-'\?~- .'«,H~':" '"~v A'~

representin~;1~f'ni ... ~,?l?a Chicd;: ~ii~~Jl.Murphy; Beth Parris; Rebecca Robles, represeotingJ~atlve ·rri:~ilc.ob:,SacredSite.s;;T.F.; Joyce Ryder, representing Maritime

;_;-1Y ':-'''' ·-t"" ·"~-~,~i;,f.~~jJ;X;.~'ft<·d, ·.://)<

Shosh.QQe,)nc.; Robert Ro')? .. Y:qxt:de Hoek; Jan Vandersloot; Thomas Warden, reprg~1~Ettr1g Maritime Shosho''"'Ei~lnc.; and Fran Yorba, representing Juaneno Band of Mission(Mf" ·ans · ·. · ·

Motion & Vote to .. ~,"··:~Jim~:·: Wan moved to waive the time limit for re-application, seconded by Orr, afu'Ji!.::;~ic'e(Chairman Burke ruled that the vote was unanimous. Passed. ··;:: ....

''1):.>

MINUTES OF OCTOBER 13-15, 2004 PAGES

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Scarborough left at the beginning of the following item. Sedlik left during the item.

h. Application No. 5-04-60 (Parks & Recreation, Laguna Beach) Staff recommended approval with special conditions as modified in addendum.

Ken Kramer, representing CA State Parks, submitted a request to speak in favor of the project. Joan Irvine Smith submitted a request to Clair Schlotterbeck, representing Calif. State Parks Fo speak in favor of the project. Edward Merrele Coast, submitted a request to speak in favor representing Sierra Club, submitted a req Wilson, representing Surfrider-Laguna Bea speak in favor of the project. Dr. Elisabeth request to speak in favor of the project. Laura Alliance, submitted a ,request to speak in representing Friends of Newport Coast, su project. Mark Massaro, representing Si of the project. lryne C. Black subm D. Vandersloot MD submitted a req

favor of the project. bmitted a request to

ds of Newport Rosenthal,

Rick est to

bmitted a

tion to the project: Janis Village; Paul Bahan, ng El Moro Village &

e; Frank Brakovich,

Fifty-two speakers submitted Arendsen, representing El Mo representing El Morro Village; Management; Lois Beema representing El Morro Viii representing El Morro Villa

Brown; n; Maureen Buffington,

Village; J Crothers; Ben Crowen, representing El Morro

nting El Morro Village; Raul Estrada, , representing El Morro Village Assoc.;

ie French, representing El Morro Village; Vicki Gorham, representing El

presenting EMCA; William Halle,. representing El nald L. Hanggie, representing El Morro Village; orro Village; Gabriel Heflin, representing El Morro

Village; representing El Morro Village; Kamme J. H. Hodge, representi el Kaylor, representing El Morro Village; Sandy Laub, repres age; Carla Madden, representing El Morro Community Ass.; Emil Marmol; Sally Mciver, representing El Morro Village; Phyllis Meyer, representing Village; Jeanette Miller, representing El Morro Community Association; Gloria Monroe, representing El Morro Vilg.; Mary Neumann, representing El Morro Village; Ray Pandolfi, representing EMCA; Marion Pearse, representing El Morro Village; Ron Ravenscroft, representing El Morro Village; Shari Ravenscroft; Marlene Rombath, representing El Morro Village; Bruce Rosen; S. Wayne Rosenbaum, representing EMCA; Sara Saavetra, representing El Morro Village; John Santo, representing El Morro Village; Peter Shah; Harry Showalter, representing El Morro

MINUTES OF OCTOBER 13-15, 2004 PAGE 6

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Village; Marian Showalter, representing El Morro Village; Bob Stevens; Naia Stevens; Lulu Tyner, representing El Morro Village; and Judy Wallace, representing El Morro Village.

Motion & Vote: Iseman moved staff recommendation, seconded by Orr, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

i. Application No. 5-04-297 Parks & Recreation recommended approval with special conditions.

'~~;~:y~< The hearing was combined with item h qeq;¥e.

t::~t,1X:' ,,<1,~: •. , Motion: Iseman moved staff recommendation;·secofi'(ied by

Amending Motion & Vote: Iseman moved:tb·add,cO cond

Staff

restrict vehicles at "tent only" camp sites, s~c!;f ::.''8~by Wan, a Vice Chairman Burke ruled that the vote Wd~;lJ · 0:,.11Joy~~ Passed.

Vote on Main Motion: Vice Chairman Burke ruled thatthe,rdll'coll vote, on the main motion, as amended above, was unanimotl~i,f;1Passed .. , .. ,.

\''~~<~::<,+> r~~:~-·"·,·: .. ';y-Tth:r:_.A

j. Appeal No. A-5-99-225 (Mt. l-lglyQke l-lomesj :QsyAngeles) Staff recommended approval with sp~cidfscOnditions. ···

.. 6+1:'~:. '~;r ?1e.~i~:. / ';'· Norbert Doll, representing:the'bpplicaof~%'~LJ,bmited a request to speak in favor of

the project. John Bowman~·repcg~enting th~:loppij¢.6nt, submitted a request to speak (.. ,; .' '· ·-.: '):h§:. w;. . :>"'"

in favor of the project. BobSoJJS:'l.;representing·me applicant, submitted a request to speak in favor of the projecf>:fV1gfkMpssaro, representing Sierra Club, submitted a request to sped k .. qsition tdtthefprgject. Barbara Schelbert, representing appellan~~<sl)p~J,.+;, t~R~.est to:·s8~9~;~!Pz1topposition to the project. Rob Glushon, Esq., rep@§er)ting ap · ~lo[1h~pmmunity;gr6ups, submitted a request to speak in opposifig~~fb the projecH:J)

7gi)g[as Mora'!! submitted a request to speak in opposition

to tt)e ·~~91.~ct. Todd Thomp~9~~i.f~presenting SOS, submitted a request to speak in oppositidbttP the project. Mdrl$;·Schelbert, representing Save Our Slopes (SOS), submitte.da .· est to speak~;in.qpposition to the project .

. • ·.· ... . . . •• • ·. ; <IJ~~;;;~:·!?' Motion & Vote./ sernon moved staff recommendation, seconded by Orr, and the roll call vote was 3 in~t9:~@t:'(Krgm, Neely & Potter) and 6 opposed. Failed.

··.¥~~\i.,,~r

MINUTES OF OCTOBER 13-15, 2004 PAGE 7

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STATEWIDE

The following items were trailed until the end of the Thursday agenda.

13. APPROVAL OF MINUTES. Neely moved approval of the minutes of September 2004, seconded by Caldwell, and unanimously approved.

14. COMMISSIONERS' REPORTS.

a. Selection of Nominating Committee Chairman Burke named Wan to chair the c members.

15. CONSERVANCY REPORT. A written report

16. SANTA MONICA MOUNTAINS CONSERVA

17. DEPUTY ATTORNEY GENERAL'S REPO

18. EXECUTIVE DIRECTOR'S REPORT.

a. Marketing Contract. S

Motion & Vote: Nova m Chairman Burke ruled that

RECESS.

MINUTES OF OCTOBER 13-15, 2004 PAGE8

f officers. Vice eely as the other

Page 9: STATE OF CALIFORNIA THE RESOURCES AGENCY W14 · _i state of california the resources agency california coastal commission 45 fremont. suite 2000 san francisco. ca 94105-2219 voice

Thursday, October 14, 2004 - pages 9 to 17

1. CALL TO ORDER. The meeting of the California Coastal Commission was called to order on Thursday, October 14, 2004, at 9:05a.m. by Vice Chairman Burke.

2. ROLL CALL. Present: Vice Chairman Burke, Commissioners Caldwell, Kram, Kruer, Neely, Peters, Potter, (Alternate) Rose and (Alternate bert. bsent: Chrisman, McPeak and Westly. Iseman arrived at 9:15a.m. N 9:45a.m.

CENTRAL COAST DISTRICT

3. CONSENT CALENDAR.

a. Application No. 3-03-36 (Filizetti approval with special conditions.

Motion & Vote: Potter moved staff rc:,_, .... ,...rY'\ ed by Peters, and Vice Chairman Burke ruled that the

SAN DIEGO COAST

, , recommendation, seconded by Peters, and Vice '''ote was unanimous. Passed.

CENTRAL COAST DISTRICT

5. DEPUTY DIRECTOR'S REPORT. Deputy Director Lester reported on matters not requiring public hearings, and on comments from the public.

MINUTES OF OCTOBER 13-15, 2004 PAGE9

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a. Carmel LCP Implementation No. CML-IP-SUB-R2 Certification Review. Staff recommended concurrence with the Executive Director's determination. Brian Roseth, representing the City of Carmel, submitted a request to speak in favor of the staff recommendation. Elizabeth Gianole, representing owners of affected property, submitted a request to speak in opposition to the staff recommendation. Lezlie Gunn submitted a request to speak in opposition to the staff recommendation. lzzy Gunn submitted a request to speak in opposition to the staff recommendation. There being no objection, Vice Chairman Burke ruled that the C concurred with the Executive Director. Approved. ·

6. CONSENT CALENDAR (removed from

7. LOCAL COASTAL PROGRAMS (LCPs).

a. Carmel Draft Post-LCP Jurisdiction

Brian Roseth, representing the favor of the staff recommendation.

Motion & Vote: Potter moved Chairman Burke ruled that the

est to speak in

b. Pismo Beach LCP recommended concurre

-1-04 (parking). Staff

Vice Cha·

8.

Executive Director. There being no objection ssion concurred with the Executive Director.

Monterey Co.) Postponed.

b. (Brown & Townsend, San Luis Obispo Co.) Staff I raised substantial issue. There being no objection,

Vice Chairman Burke d that the Commission found substantial issue. Vice Chairman Burke opened the hearing on the merits of the project and continued it to a future meeting.

MINUTES OF OCTOBER 13-15,2004 PAGE 10

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c. Appeal No. A-3-04-19 (Goedinghaus, San Luis Obispo Co.) Staff recommended that the appeal raised substantial issue. There being no objection, Vice Chairman Burke ruled that the Commission found substantial issue. Vice Chairman Burke opened the hearing on the merits of the project. Staff recommended approval with special conditions.

John Belsher, representing the applicant, submitted a request to speak in favor of the project. Steve Molnar submitted a request to s of the project. Gregg Berge submitted a request to speak.

Motion: Caldwell moved staff recommend a . · · · .. ,~"""·"""" Amending Motion & Vote: Potter condition #2 (water use to be offset t seconded by Neely, and Vice Chairman was unanimous. Passed.

Vote on Main Motion: Vice Chairman Burke ru ·

d. Appeal No. A-3-04-48 (Berge,•;Sgg·Luis 0 .. ·.· the appeal raised no substantial issu~""''~t. ·· · .. ···

'\<:>

Motion & Vote: Potter mov'~ Chairman Burke ruled that 'th'''

a 16n, seconded by Rose, and Vice Passed.

9.

ean Harbor House, Monterey) Staff cial conditions as modified in addendum.

Mary ng Ocean Harbor House HOA, submitted a request to speak in favor of . Dave Larsen, representing Ocean Harbor House, submitted a request kin favor of the project. Bud Carney submitted a request to speak in favor of the project. Les Strnad, representing Cal. Land Planning, submitted a request to speak in favor of the project. Scott Williams, representing Calbeach Advocates, submitted a request to speak in opposition to the project. Mark Massaro, representing Sierra Club, submitted a request to speak in opposition to the project. Chad Nelson, representing Surfrider Foundation, submitted a request to speak in opposition to the project.

MINUTES OF OCTOBER 13-15, 2004 PAGE 11

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Motion: Potter moved staff recommendation, seconded by Neely. Amending Motion & Vote on Hours of Access: Potter moved to open the access between dawn and dusk, seconded by Iseman, and the roll call vote was 5 in favor (Caldwell, Iseman, Kruer~ Neely & Potter) and 5 opposed (Nova, Peters, Rose, Albert & Burke). Failed. Amending Motion & Vote on Use of Fee: Potter moved to use the fee for planning a regional strategy, seconded by N the roll call vote was 3 in favor (Iseman, Neely & Potter) a (Caldwell, Kruer, Nova, Peters, Albert & Bu Amending Motion & Vote on Amount of increase the in lieu fee to $5.3 million, call vote was 5 in favor (Caldwell, opposed (Iseman, Neely, Potter & AI

Vote on Main Motion: The roll call vote, on the 8 in favor and 1 opposed (Albert). Passed

b. Application No. 3-04-30 (Peb .) Postponed.

NORTH CENTRAL CO

1 0. DEPUTY DIRECTOR'S R requiring public hearings,

12.

LUNCH RECESS. p.m.

Beach Co. Water Dist., Marin Co.) Postponed.

on recessed for lunch at 12:15 p.m. and returned at 1:50

MINUTES OF OCTOBER 13-15, 2004 PAGE 12

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NORTH COAST DISTRICT

13. DEPUTY DIRECTOR'S REPORT. District Manager Merrill reported on matters not requiring public hearings, and on comments from the public.

15. LOCAL COASTAL PROGRAM (LCP).

a. Del Norte Co. LCP Amendment No. recommended approval with suggested m ~ .... , .. , .. ~ .. ,'11 Fi~;;~H~

Brien B. Walters submitted a request to sp recommendation.

Motion & Vote to Reject lmplementatio amendment as submitted, seconded the vote was unanimous. Passed.

. Staff

Motion & Vote on lmplementati implementation with suggest

moved approval of the d by Potter, and Vice

Chairman Burke ruled that L.47·T•o· ... ,'''X

16.

Tom Mitzi MeDon· .· Rob Millberry su

cino Co.) Staff recommended that the There no objection, Vice Chairman Burke ruled

-.;.-.. ·-.-- ... ntial issue. Vice Chairman Burke opened the ...... ; ............. ~ct. Staff recommended approval with special

applic.¢1 ..... )>ubmitted a request to speak in favor of the project. liG~:fBJ1;'rsubmitted a request to speak in favor of the project. d'f-8,'quest to speak in opposition to the project.

--:;-1S;$ ,~~'~, ; ,' __ , _::,:L, . . > ,, ; .~ ,' /' ' '

Motion & Vote: Neely moved staff recommendation, seconded by Kruer, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

b. Appeal No. A-1-04-54 (Reed, Del Norte Co.) Postponed.

MINUTES OF OCTOBER 13-15, 2004 PAGE 13

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17. COASTAL PERMIT APPLICATIONS.

a. Appeal No. A-1-03-69 (Hunt, Mendocino Co.) Staff recommended denial.

Robert Hunt, the applicant, submitted a request to speak in favor of the project. Kari Prevost, representing the applicant, submitted a request to speak in favor of the project. Mark Massaro, representing Friends of Ten Mile, submitted a request to speak in opposition to the project.

Motion & Vote: Neely moved approval of the Vice Chairman Burke ruled that the vote Failed.

b. Application No. 1-04-9 (PG&E, Humbol with special conditions as modified in adde

Michael Neer, representing Pacific to speak in favor of the project.

Motion & Vote: Neely moved staff Chairman Burke ruled that the vote

ded by Iseman, and ition to the motion.

bmitted a request

d by Caldwell, and Vice

c. Application No. 1 approval with special

.) Staff recommended

favor of

a. Permit recommended a

endation, seconded by Caldwell, and Vice was unanimous. Passed.

(Eureka Waterfront Partners, Eureka) Staff special conditions.

John Ash, representing the applicant, submitted a request to speak in favor of the project. Sidnie Olson, Senior Planner, representing the City of Eureka, submitted a request to speak in favor of the project. Kevin Hamblin, representing the City of Eureka, submitted a request to speak in favor of the project.

MINUTES OF OCTOBER 13-15, 2004 PAGE 14

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Motion & Vote: Neely moved staff recommendation, seconded by Iseman, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

STATEWIDE

18. FEDERAL CONSISTENCY REPORT. Division Supervi Negative Determinations issued by the federal cons non-energy federal consistency matters.

19. FEDERAL CONSISTENCY.

a. CD-53-04 (Corps of Engineers, Ventura

ine reported on , and status of major

Ruth Villalobos, representing U.S. Army Corps of Eng mitted a request to ',~)".; }','!;§<) /;"''No

speak in favor of the staff recommendqti96: ~ or!~ne O'B senting Matilija Hot Springs Sanctuary submitted a requestt9'>rp ... Jf{]gxgr of the recommendation. Mark Capelli, representing NOAA fish~n~s: submitt~CI(freguest to speak in favor of the staff recommendation. Brian Brennah;'(~pre?~nfl'n.if~.~~£qh"& City of Ventura,

/-<''.' ""17,>'>' if"""'""·: ". ,.·«,·kt~A· •"u.k«

submitted a request to speak in fgvor§llheji[gject. 't:)?Vid Pritchett, representing Southern Calif. Steelhead Coal{fi~rtsubmitt:S~C:l''oreq~·~~t to speak in favor of the project. f:?~~~j.( · · <'.'.:·:,,.;·;/!~"

"'··~:,~':r;.;;~.\ ··:;. ,,,)~.:s Motion & Vote: Nova moveti'sfaffrecommendation, seconded by Albert, and Vice Chairman Burke ruled that the{<:~df~~was unanimous. Passed.

- ":, ~<'~·:-:. :: ~~y,'d$1+<~-,._ ":---:--------

Postponed.

D,-62-04 (FAA, Los .·11· ~les) Postponed. ''"""_-,,:.:\. .""~,:.'i(''"~.Mi\.__;· --------

Mitchell Per ""·' ,;, ;; " . pn Workman & Mike Baker, all representing Southwest Division, Naval Faciliti'~s'~CMD, submitted a request to speak in favor of the project.

-<S.;•?~;;N~

'=<'%({'

Motion & Vote: Neely moved staff recommendation, seconded by Peters, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

MINUTES OF OCTOBER 13-15, 2004 PAGE 15

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e. CD-66-04 (Navy, Coronado} Postponed.

f. CD-70-04 (BLM, Mendocino Co.} Staff recommended approval.

Motion & Vote: Neely moved staff recommendation, seconded by Iseman, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

SAN DIEGO COAST DISTRICT

20. DEPUTY DIRECTOR'S REPORT. Deputy D requiring public hearings, and on comments submitted a request to speak in favor of waive

21. CONSENT CALENDAR (removed e to the Calendar, and recommend

(22d} Jesse Gomez submi

Motion & Vote: Peters Chairman Burke ruled that

22.

a

Motion & Chairman Burke

nded by Neely, and Vice ssed.

ana Beach} Staff recommended

applicant, submitted a request to speak in favor of

recommendation, seconded by Kram, and Vice vote was unanimous. Passed.

b. Application No. 6-04-38 (Jocis, San Diego} The applicant requested a continuance.

Motion & Vote to Continue: Neely moved to continue the hearing, seconded by Peters, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

MINUTES OF OCTOBER 13-15, 2004 PAGE 16

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c. Application No. 6-04-71 (Evangelical Church, San Diego) Postponed.

d. Application No. 6-04-75 (Fletcher, San Diego) Moved to expanded Consent Calendar. Approved.

e. Application No. 6-04-82 (San Diego sewer Consent Calendar. Approved.

f. Application No. 6-04-84 (Paradise

23. PERMIT AMENDMENTS.

b. Permit No. 6-03-41-A ( approval with special congJJL

' ' ' ,' '~

Jim Brown, representi~~:~G; favor of the '"'

to expanded

recx;>~r:nendation, seconded by Caldwell, and he vote"was unanimous. Passed.

said the Pleasure Point seawall (in Santa Cruz ces despite the Commission's earlier denial.

RECESS. The Commis~ioh\ecessed for the day at 3:40p.m.

MINUTES OF OCTOBER 13-15, 2004 PAGE 17

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Friday, October 15, 2004 pages 18 to 23

1. CALL TO ORDER. The meeting of the California Coastal Commission was called to order on Friday, October 15, 2004, at 9:00a.m. by Vice Chairman Burke.

2. ROLL CALL. Present: Vice Chairman Burke, Commissioners Caldwell, Iseman, Kruer, Neely, Peters, Potter and (Alternate) Albert. nt: Chrisman, Kram, McPeak, Nova, Reilly and Westly.

SOUTH CENTRAL COAST DISTRICT

3. DEPUTY DIRECTOR'S REPORT. Deputy requiring public hearings, and on comments

a. Carpinteria LCP Amendment Certification Review. Staff recomme determination. There being no obj Commission concurred with the

4. the Calendar, and reco

not

c:.r::~orvnt·•nn)

the Executive Director's ruled that the

dar). Staff moved item 6c to cial conditions.

endation, .seconded by Potter, and Vice nanimous. Passed.

5.

a. Sa recommend orally.

rT'II""'" ..... ment No. MAJ-1-03-8 (Mecay-Hotchkiss). Staff suggested modifications as modified in addendum and

Bob Mecay submitted a request to speak in favor of the project. Kathleen Weinheimer submitted a request to speak.

Motion & Vote on Plan as Submitted: Caldwell moved approval of the Land Use Plan Amendment as submitted, seconded by Albert, and Vice Chairman Burke ruled that the vote was unanimous in opposition to the motion. Failed.

MINUTES OF OCTOBER 13-15, 2004 PAGE 18

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Motion & Vote on Plan with Modifications: Caldwell moved approval of the Land Use Plan Amendment with suggested modifications, seconded by Peters, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

Motion & Vote to Reject Implementation: Caldwell moved to reject the implementation amendment as submitted, seconded by Peters, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

Motion & Vote on Implementation with Modific •nvAdQII moved approval of the implementation with suggested modific_""'"'''""-' bert, and Vice Chairman Burke ruled that the vote was un

Peters left before the following items.

b. Santa Barbara Co. LCP Amendment No. MAJ-1 recommended approval with suggesteq,,Q;idtlltications.

ii't~*i'r . : . . Greg Mohr, representing Santa Bai~~9ra CouQJ~•.:S\,JI;~~!Jlitted a request to speak in

favor of the staff recommendation. LU~nn Hdl!isuD'rriift~a:'Orequest to speak in '' .. <_.c-(A:~h. ,<f~·V{P> ·' ~;'~"'·;: .':<. v,>~z>ir/

opposition to the staff recommendatiQfl7YJuo·~ifa Wulff:sl.Jotnitted a request to speak in favor of the project. ·w" ::·:·A\i ··

,.,." .. ;::,"

~ v • :<r~Jl~G,r··

Motion & Vote on Plan as Subr))i .~d: CaldJelt'Tfi~ved approval of the Land Use Plan Amendment as submitted;::s~S:9i<i!~d by Albert, and Vice Chairman Burke ruled that the vote was unanimous in Bi:r·t>·•''· iQJ(l to the motion. Failed.

o Caldwell moved approval of the Land Use ~6~.7h~~~~~t~~i~·~·~2t;b9~S'Jed modtJ~~fions, seconded by Potter, and Vice

was-Dnanimous. Passed. ·

Motion & Vote the implementatio Chairman Burke rul

""'"''A•-nAntr•t•on: Caldwell moved to reject the bmitted, seconded by Potter, and Vice Chairman

nimous. Passed.

with Modifications: Caldwell moved approval of ested modifications, seconded by Potter, and Vice

the vote was unanimous. Passed.

MINUTES OF OCTOBER 13-15, 2004 PAGE 19

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c. Santa Barbara-Amendment No. SB-MAJ-1-04 Time Extension. Staff recommended approval.

Motion & Vote: Caldwell moved staff recommendation, seconded by Neely, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

d. San Buenaventura Amendment No. SBV-MAJ. recommended approval.

Motion & Vote: Potter moved staff recom Chairman Burke ruled that the vote was u

e. Oxnard LCP Amendment No. OXN recommended approval with suggested mo

Sue Martin, representing the City of of the project.

Motion & Vote to Reject lmpl""'.,.,""'"~· ... · implementation amendment as Burke ruled that the vote was ··

Extension. Staff

). Staff

to speak in favor

reject the an, and Vice Chairman

Motion & V.ote on lmpleme the implementation with Chairman Burke ruled that

Caldwell moved approval of seconded by Neely, and Vice

6.

a

Motion & Vote: Chairman Burke rul

s unanimous. Passed.

Los Angeles Co.) Staff recommended

e applicant, submitted a request to speak in favor of

staff recommendation, seconded by Iseman, and Vice the vote was unanimous. Passed.

MINUTES OF OCTOBER 13-15, 2004 PAGE 20

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b. Application No. 4-03-94 (Max, Los Angeles Co.) Staff recommended approval with special conditions.

Norm Haynie, representing the applicant, submitted a request to speak in favor of the project.

Motion & Vote: Neely moved staff recommendation, seconded by Potter, and Vice Chairman Burke ruled that the vote was unanimous.

c. Application No. 4-04-36 (Ferrell, Los Consent Calendar. Approved.

7. PERMIT AMENDMENT.

a. Permit No. 5-89-963-A (MRG, MalibLIL~~,, recdmtrierided approval with ,,,,, ,_..,,· . ._ ·.,,_·:·"'-,

special conditions. ··---r:-.T

Motion & Vote: Kruer moved staff reco~rne~" },d*f~~~()nded. by Iseman, and Vice Chairman Burke ruled that the vote wasiunanimous. Passed:

U'@S~~·yi~~< ,. :_z:,:,w:r~· · .. ··"'·,· ·

ENERGY, OCEAN R

8. ENERGY, Douglas

9.

,...<:::::,,;.{b:r,.W:ATER QUALITY REPORT. Executive Director lie hearings.

was mailed for information only. David Kay, 1-UIIot .• ' ~>' , submitted a request to speak.

MINUTES OF OCTOBER 13-15, 2004 PAGE 21

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SAN DIEGO COAST DISTRICT

10. LOCAL COASTAL PROGRAMS (LCPs) .

. a. Encinitas LCP Amendment No. 3-03 (Community Character). Staff recommended approval with suggested modifications.

Teresa Barth submitted a request to speak in op recommendation.

Motion & Vote to Reject Implementation: amendment as submitted, seconded by the vote was unanimous. Passed.

implementation ed that

Motion & Vote on Implementation with Modifi implementation with suggested modifications, Chairman Burke ruled that the vote was u

I of the

b. San Diego LCP Amendment postponement. Staff recommend

c.ir•ht•tl. The City requested of the time limit for

action.

Motion & Vote: Kruer moved Chairman Burke ruled that

Motion & V amendment (P spas)) as submitte was unanimous in opp approved.

(Vigilucci's Seafood et al.). Staff dment and continuance of parts of the

: Potter moved approval of the Land Use Plan ubmitted, seconded by Kruer, and Vice Chairman

nimous. Passed.

,.,.a.,.,,.,.,,..n: Potter moved to reject the implementation , E (farm worker housing) & F (parking for gyms & health

by Kruer, and Vice Chairman Burke ruled that the vote n to the motion. The motion failed so the amendment was

Motion & Vote to Continue Part of Amendment: Potter moved to continue parts B (Kirgis) & D (Cannon Lift Station) and extend the time limit for action, seconded by Iseman, and Vice Chairman Burke ruled that the vote was unanimous. Passed.

MINUTES OF OCTOBER 13-15, 2004 PAGE 22

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11. BRIEFING on SAN DIEGUITO WETLANDS RESTORATION PROJECT. Informational only. Six speakers submitted requests to speak in favor of the staff recommendation: Pam Slater-Price, representing San Dieguito River Park; Allison Rolfe; Patricia Bone, representing San Dieguito Lagoon Committee-Del Mar; Dick Bobertz, representing San Dieguito River Park JPA; Tom Curriden, representing City of Encinitas; and Jacqueline Winterer, representing Friends of San Dieguito River Valley. Five other speakers submitted requests to speak: David Kay, representing Calif. Edison; Julie Hamilton, representing Save the Beach; Kim Fletch , and Doug Allred, representing Save the Beach.

ADJOURNMENT. There being no old or new 10:50 a.m.

MINUTES OF OCTOBER 13-15, 2004 PAGE 23

at

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