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December 2002 Agenda

The Hyatt Regency-Embarcadero
5 Embarcadero Center
San Francisco, CA 94111
(415) 788-1234


10:00 A.M.

TUESDAY, DECEMBER 10, 2002

1. CALL TO ORDER.

2. ROLL CALL.

STATEWIDE

3. SEA TURTLE BRIEFING. Public hearing and possible action on resolution regarding sea turtle protection in Southern California waters. (SC-Sac) [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, et al. v. Access for All, CCC, et al. (Govt. Code § 11126(e)(2)(A))
Kenny & Starz v. CCC, et al. (Govt. Code § 11126(e)(2)(A))
Signal Landmark, et al. v. CCC (Govt. Code § 11126(e)(2)(A))
Hinman v. CCC (Govt. Code § 11126(e)(2)(A))
CCC v. Surface Transportation Board (Govt. Code § 11126(e)(2)(A))
Sierra Club, et al. v. CCC et al. (Soka University, RPI) (Govt. Code § 11126(e)(2)(A))
Marine Forests Society, et al. v. CCC, et al. (Sac. Sup. Ct. Case No. 00AS00567) (Govt. Code § 11126(e)(2)(A))
Birenbaum 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).

SOUTH COAST DISTRICT

4. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA HEADINGS.

a. Application No. 5-02-321 (Rasmussen, Newport Beach) Application of Douglas Rasmussen, Trust for two new 2-1/2’ x 10’ float extensions, and no new piles, at 1205 North Bay Front, Newport Beach, Orange County. (FJS-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-02-329 (Portofino Inn, Redondo Beach) Application of Portofino Partners, dba Portofino Inn to remove two existing 77-foot docks and replace with one 100-foot floating dock system, remove piles and install 7 new piles, at 260 Portofino Way, Redondo Beach, Los Angeles County. (MS-LB) [APPROVED WITH CONDITIONS]

5. CONSENT CALENDAR. See AGENDA HEADINGS.

a. Application No. 5-02-202 (Imirie, San Clemente) Application of Timothy Imirie for 8,128 sq.ft. 43-ft-high split-level four-unit condominium complex, with 10 parking spaces, at Avenida Santa Barbara & Monterey Lane, San Clemente, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-02-211 (Sork, Newport Beach) Application of Mark P. Sork to demolish home, and construct beach front single-family home, at 2508 West Oceanfront, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-02-260 (Raouf, Seal Beach) Application of Medhat Raouf to demolish office building, and construct two 3-story mixed use structures (ground floor commercial & apartment above) and shared parking lot on three contiguous lots, at 233 Seal Beach Blvd., Seal Beach, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-02-306 (Cross, Newport Beach) Application of Mark & Sue Ann Cross to demolish home, and construct beach front single-family home, at 1024 West Oceanfront, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-02-322 (Buck, Laguna Beach) Application of Gerald E. Buck to demolish single-family home, and construct 8,529 sq.ft. 2-story (including 1 subterranean level) single-family home & two attached garages, with 2,500 cu.yds. of grading, at 2526 Riviera Drive, Laguna Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-02-325 (Hoag Hospital, Newport Beach) Application of Hoag Memorial Hospital Presbyterian for 23,657 sq.ft. 45-ft-high Cogeneration Building, 5,194 sq.ft. concrete cooling tower yard with four cooling towers surrounded by concrete walls up to 32-ft-high, and 1,200 sq.ft. concrete pad for enclosure of Southern California Edison compatible equipment, and miscellaneous related development, at 1 Hoag Drive, Newport Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL COAST DISTRICT

6. CONSENT CALENDAR. See AGENDA HEADINGS.

a. Application No. 4-01-157 (Perramon, Los Angeles Co.) Application of Jean & Claudie Perramon for 100' long 10' high retaining wall on piles to support existing single-family home, at 2736 Rambla Pacifico Drive, near Malibu, Los Angeles County. (KK-V) [APPROVED WITH CONDITIONS]

b. Application No. 4-02-121 (Klostermann, Malibu) Application of Raymond & Melissa Klostermann for 28-ft-high 6,010 sq.ft. single-family home, 230 sq.ft. of covered porches, attached 1,131 sq.ft. garage, swimming pool, driveway, septic system, 400 cu.yds. of excavation & 150 cu.yds. of removal or recompaction, at 21531 Deerpath Lane, Malibu, Los Angeles County. (KK-V) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT

7. 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 Long Beach office at (562) 590-5071.

a. Los Angeles Plan Amendment for Venice Certification Review. Concurrence with Executive Director’s determination that action of City of Los Angeles accepting certification of Venice Land Use Plan Amendment No. 1-02 (adding policies for Open Space & Public Facility land use designations, and changing designations for ten geographic areas) with modifications is legally adequate. (CP-LB) [APPROVED]

8. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA HEADINGS.

9. LOCAL COASTAL PROGRAM (LCP). See AGENDA HEADINGS.

a. San Clemente LCP Amendment No. SCL-MAJ-1-2. Public hearing and action on request by City Of San Clemente to increase the allowable floor area ratio (FAR) for office use components of mixed use projects in the Mixed Use (MU2) land use designation, throughout the San Clemente Coastal Zone. (ALB-LB) [APPROVED]

9.5 NEW APPEALS. See AGENDA HEADINGS.

a. Appeal No, A-5-02-376 (Shea Homes, Huntington Beach) Appeals by Commissioners Wan & Dettloff, Bolsa Chica Land Trust and Neighbors for Wintersburg Wetland Restoration from decision of City of Huntington Beach granting permit with conditions to Shea Homes for park improvements within the certified LCP area of Huntington Beach at 17301 Graham Street, County of Orange. (SFR-LB) [POSTPONED]

b. Appeal No. A-5-02-384 (CIM, Huntington Beach) Appeal by Huntington Beach Citizens Against Redevelopment Excess (HB CARE) and Abdelmuti Development Agency from decision of City of Huntington Beach granting permit with conditions to CIM/Huntington, Inc., to divide lot and develop 226,500 sq.ft. of retail, restaurant, office, 152-room hotel, and 2-level 405-space subterranean public parking structure on 2.97 acres, bounded by Pacific Coast Highway, Sixth Street, Walnut Avenue and alley between Fifth & Main Streets, Huntington Beach, Orange County. (MV-LB) [TO CONTINUE]

10. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) except 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. 5-01-308 (Spinnaker Bay Slip Owners, Long Beach) Application of Spinnaker Bay Slip Owners Association to replace 107 concrete boat fingers with new concrete fingers, and sections of headwalks, over 10 years, within 192 boat slip marina, at Spinnaker Bay Marina (Streets intersecting Spinnaker Bay Drive), Long Beach, Los Angeles County. (AJP-LB) [POSTPONED]

b. Application No. 5-01-420 (Khaloghli, San Clemente) Application of Khosro Khaloghli for improvements to bluff stabilization system, waterproofing, drainage improvements and landscaping on lot with single-family home, at 1203 Buena Vista, San Clemente, Orange County. (ALB-LB)  [APPROVED WITH CONDITIONS]

c. Application No. 5-01-453 (Jackson, Newport Beach) Application of Douglas & Sandra Jackson to demolish home and construct single-family home on coastal bluff face, at 3631 Ocean Blvd., Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-02-289 (Polin, San Clemente) Application of Valery Polin for 3-story 24,314 sq.ft. mixed-use (retail, office & residential) development with one level of subterranean parking (57 spaces), at 1502 & 1542 North El Camino Real, San Clemente, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-02-303 (Panay Way Marina, Los Angeles Co.) Application of Panay Way Marina, L.P. to replace existing boat docks with new docks & pilings, reduce slips from 157 to 149, and install pump-out station, at 13953 Panay Way, Marina Del Rey, Los Angeles County. (AJP-LB) [APPROVED WITH CONDITIONS]

11. PERMIT AMENDMENT. See AGENDA HEADINGS. 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. 5-87-847-A (Fish & Game & Los Angeles Co., Los Angeles) Request by California Department of Fish & Game and Los Angeles County Department of Beaches & Harbors to enlarge existing protected California least tern nesting area from 4.18 to 9 acres, move one public beach volleyball court, replace nesting area’s protective fence enclosure, and install new interpretive signs, at Dockweiler State Beach, 5201-5501 Ocean Front Walk, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SOUTH 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 Ventura office at (805) 585-1800.

a. Port Hueneme LCP Amendment No. 1-02 (South Terminal East Expansion) Certification Review. Concurrence with Executive Director’s determination that the City of Port Hueneme’s acceptance of the Commission’s certification is legally adequate. (JCJ-V) [APPROVED]

13. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA HEADINGS. [APPROVED WITH CONDITIONS]

14. LOCAL COASTAL PROGRAM (LCP). See AGENDA HEADINGS.

a. Santa Barbara LCP Amendment No. 1-02 (Airfield Safety & Facilities Plan). Public hearing and action on request by City of Santa Barbara to amend its Land Use Plan and Coastal Zoning Ordinance for development of airfield safety projects and to incorporate, for reference only, Draft Aviation Facilities Plan for Santa Barbara Airport. (AAV-V) [APPROVED WITH MODIFICATIONS]

15. UCSB NOTICES of IMPENDING DEVELOPMENT. Public hearing and action on Notices of Impending Development by University of California at Santa Barbara for projects pursuant to its certified Long Range Development Plan.

a. Notice No. 2-02 (Recreation Center Expansion). 56,100 sq.ft. 33-ft-high Recreation and Aquatics Center Expansion Building on Main Campus at University of California Santa Barbara. (SLG-V) [POSTPONED]

b. Notice No. 5-02 (Dance Studio). Relocation of 2,698 sq.ft. 23-ft-high Dance Studio Building on Main Campus at University of California Santa Barbara. (SLG-V) [APPROVED]

16. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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. 4-01-203 (Klein, Malibu) Application of Howard & Kathy Klein to reconstruct existing stairs to beach, at 32248 Pacific Coast Highway, Malibu, Los Angeles County. (JCJ-V) [POSTPONED]

b. Application No. 4-02-14 (Malibu Design, Los Angeles Co.) Application of Malibu Design Associates for 35-ft-high 4,949 sq.ft. single-family home, attached 913 sq.ft. garage, swimming pool, jacuzzi, driveway, retaining walls up to 7-ft-high (773 ft. long along driveway, 324 ft. long around structure), septic system, and 1,391 cu.yds. of grading, at 723 Latigo Canyon Road, near Malibu, Los Angeles County. (KK-V) [DENIED]

c. Application No. 4-02-58 (Simons, Los Angeles Co.) Application of Mr & Mrs John Simons to construct 2- story addition to existing 2-story home (1,800 sq.ft. garage with 1,391 sq.ft. 2nd story including 623 sq.ft. apartment with separate entrance), realign driveway, and grade 860 cu.yds. of material, at 643 Old Topanga Canyon Road, Topanga, Los Angeles County. (JCJ-V) [APPROVED WITH CONDITIONS]

d. Application No. 4-02-91 (Rockwell, Malibu) Application of Laura Rockwell for 729 sq.ft. guesthouse, 750 sq.ft. accessory structure, pergola structure and tennis court with standard athletic fencing around 3 sides and part of 4th side of tennis court, at 28943 Selfridge Drive in Malibu, Los Angeles County. (THD-V) [APPROVED WITH CONDITIONS]

e. Application No. 4-02-104 (Cordos, Malibu) Application Eugene Cordos for 2-story 672 sq.ft. garage with 728 sq.ft. 2nd floor workshop & storage, new driveway, and 288 cu.yds. of grading, at 28247 Via Acero Road, Malibu, Los Angeles County. (JCJ-V) [APPROVED WITH CONDITIONS]

f. Application No. 4-02-111 (Parks & Rec., Santa Barbara Co.) Application of California Department of Parks & Recreation to demolish 480 sq.ft. restroom and construct 1,300 sq.ft. shower & restroom building with new septic tank, 500 ft. covered area and one parking space, at Refugio State Beach, 10 Refugio Beach Road, Santa Barbara County. (SLG-V) [APPROVED WITH CONDITIONS]

g. Application No. 4-02-143 (Ford, Malibu) Application of Jay & Donna Ford for 28-ft-high 7,018 sq.ft. single-family home, attached 3-car garage, basement, septic system, fenced swimming pool & spa, entry gate, retaining walls, turnaround, driveway, and 930 cu.yds. of grading, at 6150 Zumirez Drive in Malibu, Los Angeles County. (LKF-V) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

a. Commission Restoration Order No. CCC-02-RO-2 (Munro, Los Angeles Co.) Public hearing and action on proposed Restoration Order directing Raymond Munro, as owner of property at and next to 2210 Mar Vista Road, near Latigo Canyon Road in Los Angeles County, to immediately implement: (1) restorative grading, (2) interim erosion control, and (3) revegetation & chaparral habitat restoration to remedy unpermitted grading of roads and building pads and removal of significant vegetation in environmentally sensitive chaparral habitat and restore site to its pre-violation condition. (SMR-SF) [APPROVED]

b. Commission Cease & Desist Order No. CCC-02-CD-3 (Arnold & Miller, San Mateo Co.) Public hearing and action on proposed Cease & Desist Order directing James E. Arnold & Kenneth A. Miller, as owners of property at 10257 Cabrillo Highway in San Mateo County, to remove part of fence blocking vertical access easement, and keep easement open & free from impediments to pedestrian use. (SMR-SF) [APPROVED]

c. Commission Restoration Order No. CCC-02-RO-3 (Los Angeles, Venice Beach) Public hearing and action on proposed Restoration Order directed to the City of Los Angeles, as owner of property, to address unpermitted development, including fences, shrubs and trees, at Ocean Front Walk and seaward of Ocean Front Walk for two blocks between Anchorage & Catamaran Streets in Venice Beach, Los Angeles County. (HOM-SF) [APPROVED]

d. Commission Cease & Desist Order No. CCC-02-CD-4 and Restoration Order No. CCC-02-RO-4 (Crockett & Tidewater Contractors, Del Norte Co.) Public hearing and action on proposed Cease & Desist Order and Restoration Order to address removal of gravel, sand and riparian vegetation and construction of berms; directed to Tidewater Contractors, Inc., as operators of gravel mining activities, and Davy & Joyce Crockett, as owners of property on and near Lower Woodruff Gravel Bar and adjacent areas in and near Smith River, 1.75 miles downstream from Dr. Fine/Highway 101 bridge, Smith River, Del Norte County. (AGD-SF) [POSTPONED]

e. Permit Condition Clarification & Commission Cease & Desist Order CCC-02-CD-5 (W.L. Homes, John Laing Homes, and Hellman Properties, Seal Beach) Public hearing and action on clarification of condition language in permit No. 5-97-367, as amended; and proposed cease & desist order to address non-compliance by W.L. Homes, LLC dba John Laing Homes, LLC, and Hellman Properties, LLC, with the terms of Permit No. 5-97-367, as amended, authorizing development of Hellman Ranch. (CLD-SF) [APPROVED]

9:00 a.m.

WEDNESDAY, DECEMBER 11, 2002

1. CALL TO ORDER.

2. ROLL CALL.

SAN DIEGO COAST DISTRICT

3. CONSENT CALENDAR. See AGENDA HEADINGS.

a. Application No. 6-02-139 (San Elijo Lagoon Conservancy, Encinitas) Application of San Elijo Lagoon Conservancy to remove three billboards from San Elijo Lagoon, east of Highway 101 and south of San Elijo Lagoon Inlet, Cardiff, Encinitas, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-02-140 (Engelhardt, et al., San Diego) Application of Charles W. Engelhardt, William W. Boggess, Gabriel & Karen Fazzini and L.C & Sara Siebrand to construct 3-ft-high privacy walls extending into 3’ wide landscaped buffer in public right-of-way, next to and east of widened Ocean Front Walk, at 3755 & 3795 Ocean Front Walk, 704 Redondo Court, 704 Yarmouth Court, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-02-143 (Ostrow, Solana Beach) Application of Stephen I. Ostrow to add 1,170 sq. ft. first and second story to one-story 3,176 sq. ft. single-family home, at 668 Canyon Drive, Solana Beach, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

STATEWIDE

4. ELECTION of CHAIRPERSON, VICE-CHAIRPERSON and REPRESENTATIVE to SANTA MONICA MOUNTAINS CONSERVANCY. [Mile Reilly Elected Chair, William A. Burke Elected Vice-Chair on Thursday December 12]

5. APPROVAL OF MINUTES. [APPROVED]

6. COMMISSIONERS' REPORTS.

7. CONSERVANCY REPORT.

8. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

9. DEPUTY ATTORNEY GENERAL'S REPORT.

10. EXECUTIVE DIRECTOR’S REPORT including report on legislation.

a. Public Education Program Status. Briefing on Public Education Program's activities over the past year. (CP-SF) [APPROVED]

b. Public Education Program Interagency Agreement. Commission authorization to enter into Interagency Agreement with California Integrated Waste Management Board to provide the Coastal Commission with $198,000 to fund Boating Clean and Green, Phase 4, January 1, 2003 to December 31, 2003. (CP-SF) [APPROVED]

c. Central Coast Wetlands GIS Funds. Commission discussion and possible action on Interagency Agreements to transfer federal funds to Bay Foundation of Morro Bay for completion of the Central Coast Comprehensive Wetlands GIS Database. (RKR-SF)  [APPROVED]

d. Channel Islands Sanctuary. Presentation by staff of NOAA’s Channel Islands National Marine Sanctuary and the Department of Fish & Game on the marine reserves established in state waters of Channel Islands National Marine Sanctuary. (RKR-SF)

e. Public Education Program Contract Amendment. Commission discussion and possible action on amendment to Standard Agreement with San Diego State University Foundation to add up to $55,000 and extend timeframe to December 31, 2003, for the Boating Clean and Green Campaign Phase IV. (CP-SF) [POSTPONED]

11. FEDERAL CONSISTENCY REPORT. Report by the Division Supervisor on Negative Determinations issued by the federal consistency staff, and status report on other major non-energy federal consistency matters. (MPD-SF)

a. Commission briefing by Peter Tyack for January 2003 test of high-frequency whale-finding sonar’s ability to detect gray whales migrating past the central California coast, offshore of San Luis Obispo County. (MPD-SF)

12. FEDERAL CONSISTENCY. See AGENDA HEADINGS.

a. CD-52-02 (BLM, Humboldt Co.) Consistency determination by Bureau of Land Management for Humboldt Bay South Spit Interim Management Plan. (LJS-SF) [APPROVED WITH CONDITIONS]

b. CD-61-02 (Navy, Ventura Co.) Consistency Determination by Department of the Navy for Extended Aircraft Parking Apron, Point Mugu, Naval Base Ventura County. (JRR-SF) [POSTPONED]

c. CD-81-02 (Corps of Engineers, Newport Beach) Consistency Determination by Corps of Engineers, Los Angeles District for maintenance dredging with beach & ocean disposal, Newport Bay and offshore areas. (JRR-SF) [APPROVED]

SAN DIEGO 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 Diego office at (619) 767-2370.

a. San Diego Major LCP Amendment No. 2-2001-C (SeaWorld Master Plan) Certification Review. Concurrence with Executive Director’s determination that the City of San Diego’s acceptance of the Commission’s certification is legally adequate. (EL-SD) [POSTPONED]

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

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

a. Imperial Beach LCP Amendment No. 3-02A (Hotel Specific Plan). Public hearing and action on request by City of Imperial Beach to amend certified LCP Implementation Plan and Land Use Plan to allow hotels located in the Seacoast Commercial and Seacoast Mixed-Use Overlay Zones to be constructed up to 4 stories high, and to deviate from existing building setback and parking requirements with approval of a specific plan. (DL-SD) [TO CONTINUE]

b. San Diego LCP Amendment No. 1-2002 A & B (La Jolla Plan Update & Estates at Costa Del Mar) Time Extension. Public hearing and action to extend the time limit for Commission action for up to one year on request by City of San Diego to update certified La Jolla Land Use Plan, and rezone North City property. (LRO-SD)  [Time Extension APPROVED]

16. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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. 6-02-48 (Solana Beach Towne Centres, Solana Beach) Application of Solana Beach Towne Centres Investment., L.P. to adjust lot line of four existing lots, construct two office buildings totaling 119,576 sq.ft., with 712 parking spaces and realign and revegetate on-site stream on 9.82 acre site containing two office buildings totaling 93,480 sq.ft., at 380-462 Stevens Avenue, 622-689 San Roldolfo, Solana Beach, San Diego County. (GC-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-02-50 (Solana Beach restrooms) Application of City of Solana Beach to demolish 378 sq. ft. public restroom and construct new 420 sq. ft. restroom structure and re-grade and re-stripe parts of public parking lot, at Fletcher Cove Park, 111 South Sierra Avenue, Solana Beach, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-02-100 (Verizon Wireless, San Diego Co.) Application of Verizon Wireless to construct unmanned wireless telecommunication facility consisting of 60’ high monopole (disguised as faux pine tree) with 12 panel antennas, one microwave antenna, and one GPS antenna and 240 sq.ft. equipment building, at San Dieguito County Park, northeast corner of Highland Drive & Lomas Santa Fe, Lomas Santa Fe, San Diego County. (BP-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-02-102 (NCTD, Del Mar) Application of North County Transit District to repair existing drainage outlets and construct new drainage outlet, on public beach from Coast Blvd. to approximately 5th Street, Del Mar, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS]

e. Application No. 6-02-127 (San Diego pump station upgrade) Application of City of San Diego, Engineering & Capital Projects to rehabilitate and upgrade Sewer Pump Station #18 to include 385 sq.ft. expansion, renovation of settling tank, new back-up emergency generator, replacement of parallel force main, and construction of below-sand level shoreline protection wall and bluff repair, on bluff and sandy beach at western end of Loring Street, Pacific Beach, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

f. Application No. 6-02-134 (San Diego treatment plant improvements) Application of City of San Diego Metropolitan Wastewater Department to demolish 2,128 sq.ft. “Headworks” building and replace with 4,800 sq.ft. “Headworks” building including new interim grit processing facility & two new grit tanks, at Point Loma Wastewater Treatment Plant, 1902 Gatchell Road, Peninsula, San Diego, San Diego County. (LRO-SD) [POSTPONED]

16.5. PERMIT AMENDMENT. See AGENDA HEADINGS. 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. 6-96-159-A (Cade, Carlsbad) Request by Steven Cade to install signage and “nautical” style rope barrier to delineate private & public boundary along public access easement on north shore of Agua Hedionda Lagoon, at 4523 Adams Avenue, Agua Hedionda, Carlsbad, San Diego County. (WNP-SD) [APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

17. 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.

a. Procedures 2-02-02-EDD (Pacifica Bowl, Pacifica). Public hearing and Commission determination of appealability for purposes of applicable hearing and notice procedures, pursuant to California Code of Regulations, Title 14, §13569, for coastal permit approved by Pacifica City Council for 43-unit residential subdivision and development proposed for 4000 block of Palmetto Avenue, Pacifica, San Mateo County. (PTI-SF) [POSTPONED]

18. LOCAL COASTAL PROGRAM (LCP). See AGENDA HEADINGS.

a. Sonoma Co. LCP Amendment No. 2-02 (Small Wind Energy Systems). Public hearing and action on request by County of Sonoma to amend its certified Local Coastal Program Zoning Ordinance to modify permitting procedures and setback standards for small wind energy systems outside urbanized areas and in certain commercial areas, designed primarily to reduce onsite consumption of utility power. (CLK-SF) [APPROVED]

19. NEW APPEAL. See AGENDA HEADINGS.

a. Appeal No. A-2-02-24 (Hansen & Brubaker, Marin Co.) Appeal by Environmental Action Committee of West Marin and Commissioners Desser & Wan from decision of Marin County granting permit to Marka Hansen & Joe Brubaker for one-story 3,113 sq.ft. single-family home, 336 sq.ft. detached guest house, 937 sq.ft. garage & garden storage building, and 1,920 sq.ft. detached barn & equipment storage building, at 17500 Highway 1, Marshall, Marin County. (SLB-SF) [POSTPONED]

20. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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. Appeal No. A-1-99-20 (El Granada Pipeline, Half Moon Bay) Application of Coastside County Water District to replace 2,200-foot segment of existing 10-inch water pipeline with 16-inch pipeline, on east side of Frontage Road from Sewer Avenue to 200 feet north of Wave Avenue, Half Moon Bay, San Mateo County. (CLM & PTI-SF) [POSTPONED]

b. Appeal No. A-2-99-63 (El Granada Pipeline, San Mateo Co.) Application of Coastside County Water District to replace 3,200-foot segment of 10-inch water pipeline with 16-inch pipeline, in County street right-of-ways between San Clemente Road and Santiago Avenue in unincorporated El Granada, San Mateo County. (CLM & PTI-SF) [POSTPONED]

c. Application No. 2-02-1 (Metz, Cebe, Sherbon, Bowman, Carcione, Marin Co.) Application of Eugene Metz, Caral Cebe, David Sherbon, Stephen Bowman and Richard Carcione to replace 410 foot bulkhead, at 3, 5, 9, 11 and 17 Dipsea Road, Stinson Beach, Marin County. (SLB- SF) [POSTPONED]

d. Application No. 2-01-29 (Lucas, Sonoma Co.) Application of James & Peggy Lucas for four wooden piles, 1,012 sq.ft. deck addition to existing restaurant, 630 sq.ft. of public ramp & walkway, 17-foot extension of existing fish house, and replacement of 362 feet of wood bulkhead with vinyl sheet pilings, at 599 Highway 1, Bodega Bay, Sonoma County. (KJB-SF) [POSTPONED]

SOUTH CENTRAL COAST DISTRICT

22. PERMIT NO. A-4-93-154-HCC-A2 (ARCO Dos Pueblos Golf Links). Public hearing and action on request by CPHPAH Dos Pueblos Associates, LLC, Capital Pacific Holdings, Inc.; Patriot American Hospitality REIT, Makar Enterprises, Inc., R. W. Hollis, Jr. (formerly Arco Oil & Gas Co.) for approval after finding of changed circumstances of previously-approved project (extension denied June 7, 1999 by Commission) for 18-hole golf course, 9-hole executive course, ancillary uses, and 310,000 cu.yds. of grading, with amendments to: waive right to future shoreline protection, modify layout and design, add in-holding lot, other changes to previous condition compliance documents including Ag. Turf Mgmt Plan, Integrated Pest Mgmt. Plan, Water Quality Plan, & applicants' conceptual plan to reduce use of rodenticides and adjust landscape management practices to increase prey populations for white-tailed kites, on 208-acre site, in "Naples" area, 3 miles west of Goleta, seaward of U.S. Highway 101, unincorporated Santa Barbara County. (MKH-V) [DENIED]

9:00 a.m.

THURSDAY, DECEMBER 12, 2002

1. CALL TO ORDER.

2. ROLL CALL.

ENERGY, OCEAN RESOURCES and WATER QUALITY

3. ENERGY, OCEAN RESOURCES and WATER QUALITY REPORT. Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, matters not requiring public hearings, and status report on offshore oil & gas exploration & development. (JCK-SF)

a. Briefing on Proposal to Upgrade Morro Bay Power Plant. Report by Commission staff and possible action under §30413(d) of Coastal Act on Duke Energy’s Application For Certification to California Energy Commission to modernize power plant by removing generating units and constructing units at Morro Bay Power Plant to expand capacity from 1002 to 1200 megawatts of electrical generation, Morro Bay, San Luis Obispo County. (TRL-SF) [Staff Recommendation APPROVED]

b. Coastal Conservancy Enhancement Plan Approval. Commission determination of conformity with the Coastal Act of the Coastal Conservancy enhancement plan "In Progress Review: Ancillary Data and Observations from Caulerpa taxifolia Eradication Efforts at Agua Hedionda Lagoon and Huntington Harbor of the Southern California Caulerpa Action Team (SCCAT)". (MVC-SF) [APPROVED]

4. FEDERAL CONSISTENCY. See AGENDA HEADINGS.

a. CD-51-02 (NMFS, San Diego & Orange Cos.) Consistency determination by National Marine Fisheries Service to eradicate invasive green algae Caulerpa taxifolia, at Agua Hedionda Lagoon, Huntington Harbor, and coastal waters south of Point Conception. (KS-SF) [APPROVED]

CENTRAL COAST DISTRICT

5. 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.

a. Cambria Water Briefing. Status report and background on Cambria water supply issues, Cambria, San Luis Obispo County. (CL-SC)

6. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA HEADINGS.

7. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA HEADINGS.

a. Monterey Plan Submittal MTC-LUP-HARBOR-SUB-R4 (Harbor Plan Submittal). Public hearing and action regarding submittal of Harbor Segment of City of Monterey's Land Use Plan for certification. (SC-SC) [TO CONTINUE]

b. Carmel Plan Submittal CML-LUP-SUB-R3 [Report addendum appended 12/11]. Public hearing and action on third re-submittal of City of Carmel-by-the-Sea's Land Use Plan for certification. (MW-SC) [TO CONTINUE]

8. NEW APPEALS. See AGENDA HEADINGS.

a. Appeal No. A-3-02-58 (Smith, Monterey Co.) Appeal by Commissioners Wan & Woolley, Ken & Sharene Virnig, Janice M. O’Brien, Robert Berglass, Charles T. Olvis and League of Women Voters of The Monterey Peninsula from decision of County of Monterey granting permit with conditions to Murray & Carol Smith to demolish 1-story 2,250 sq.ft. home, and construct 2-story 4,802 sq.ft. single-family home, attached 900 sq.ft. garage, new driveway, new 6-ft-high entry gate with associated grading, and add to & repair perimeter grape stake fence, at 3105 Seventeen Mile Drive, Del Monte Forest, Monterey County. (SAM-SC) [POSTPONED]

b. Appeal No. A-3-02-77 (Gorman, Monterey Co.) Appeal by Commissioners Wan & Woolley from decision of County of Monterey granting permit with conditions to Dorothy Gorman to divide 17.03 acres into six lots, grade and install water system, allow development on slopes greater than 25%; and remove 68 Coast Live oaks, on east side of Paradise Road near Lake View Drive, north Monterey County. (SAM-SC) [POSTPONED]

c. Appeal No. A-3- 02-83 (Kleissner, Monterey Co.) Appeal by HOPE (Helping Our Peninsula's Environment) from decision of County of Monterey granting permit to Lisa & Karl Kleissner for road, within 100 ft of ESHA (Joshua Creek) and on slopes greater than 30%, placement of graded material, retaining structures, culverts, energy dissipaters, creek crossings, and underground utility lines, at Garrapata Canyon, Big Sur, Monterey County. (SAM-SC) [NO SUBSTANTIAL ISSUE FOUND]

d. Appeal No. A-3-02-86 (Horizon Seabright, Grover Beach) Appeal by Commissioners Wan & Nava and Jon & Rosanne Seitz from decision of City of Grover Beach granting permit with conditions to Horizon Seabright LLC. to divide .98 acres into two lots and construct one single-family home, at 1003 Front Street, Grover Beach, San Luis Obispo County. (JB-SC) [POSTPONED]

e. Appeal No. A-3-02-88 (RMC Pacific Materials, Santa Cruz Co.) Appeal by Sierra Club, Coastal Advocates for Small Towns (COAST), and David Kossack from decision of Santa Cruz County granting permit with conditions to RMC Pacific Materials to increase cement plant production capacity from 875,000 to 980,000 tons annually at RMC Pacific Materials cement plant in Davenport on Santa Cruz County’s north coast. (DC-SC) [TO CONTINUE]

f. Appeal No. A-3-02-92 (Webb, Santa Cruz Co.) Appeal by Commissioners Wan & Nava from decision of Santa Cruz County granting permit with conditions to Margaret Webb (Trustee) to construct single-family home, and to expand Coastview Drive next to Corcoran Lagoon in Live Oak area of Santa Cruz County. (DC-SC) [TO CONTINUE]

g. Appeal No. A-3-02-93 (Korpiel, San Luis Obispo Co.) Appeal by Commissioners Wan & Nava from decision of County of San Luis Obispo granting permit with conditions to Joe & Marilyn Korpiel for 3,249 sq.ft. 2-story single-family home, at 2201 Sherwood Drive, Cambria, San Luis Obispo County. (JB-SC) [TO CONTINUE]

h. Appeal No. A-3-02-95 (Corrigan, Santa Cruz Co.) Appeal by John Chapin from decision of Santa Cruz County granting permit with conditions to Patrick & Jill Corrigan for 2-story 2,400 sq.ft. single-family home, garage, septic system and water tank, at 462 Quail Drive, in Bonny Doon, north Santa Cruz County. (DC-SC) [POSTPONED]

9. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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. 3-02-18 (Podesto, Santa Cruz Co.) Application of Gary Podesto for temporary riprap revetment (installed in February 1998) and replacement of revetment with shotcrete seawall along 250 linear feet of shoreline fronting Manresa State Beach, at 1443 San Andreas Road, in south Santa Cruz County. (DC-SC) [POSTPONED]

b. Appeal No. A-3-02-50 (Monaco, San Luis Obispo Co.)[Report addendum appended 12/11] Appeal by Ken Renshaw from decision of County of San Luis Obispo granting permit with conditions to Steve & Sue Monaco for 2,967 sq.ft. single-family home, at Ogden Drive (Lodge Hill), Cambria, San Luis Obispo County. (JB-SC) [APPROVED WITH CONDITIONS]

c. Appeal No. A-3-02-73 (Hudzinski, San Luis Obispo Co.) [Report addendum appended 12/11] Appeal by Commissioners Wan & Desser from decision of County of San Luis Obispo granting permit with conditions to Robert & Frances Hudzinski for 2-story 2,334 sq.ft. single-family home, at 1588 Bradford, Lodge Hill, Cambria, San Luis Obispo County. (JB-SC) [APPROVED WITH CONDITIONS]

9:00 a.m.

FRIDAY, DECEMBER 13, 2002

1. CALL TO ORDER.

2. ROLL CALL.

NORTH COAST DISTRICT

3. 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.

a. Gualala & Albion River Water Export. Public hearing and possible Commission action authorizing the Executive Director to submit protests to the State Water Resources Control Board concerning the applications of Alaska Water Exports to divert water from the Gualala & Albion Rivers in Sonoma & Mendocino Counties for municipal water supply use in San Diego. (RPS-E) [APPROVED]

4. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA HEADINGS. [APPROVED WITH CONDITIONS]

5. NEW APPEALS. See AGENDA HEADINGS.

a. Appeal No. A-1-02-148 (Auguste, Mendocino Co.) Appeal by Friends of Schooner Gulch from decision of County of Mendocino granting permit with conditions to Robert & Donna Auguste to divide lot into 2 lots (5.88 & 6.48 acres), at 28200 South Highway One, south of Point Arena, Mendocino County. (RPS-E) [SUBSTANTIAL ISSUE FOUND, PERMIT DENIED]

b. Appeal No. A-1-02-149 (Woodhead & Hickman, Mendocino Co.) Appeal by Charles C. Wright from decision of County of Mendocino granting permit with conditions to Ann Woodhead & Toby Hickman to demolish 16-ft-high home & detached garage, and construct 27-ft-high 2,838 sq.ft. single-family home & attached garage, at 37033 Omega Drive, Westport, Mendocino County. (RPS-E) [NO SUBSTANTIAL ISSUE FOUND]

c. Appeal No. A-1-02-150 (Forest, Crescent City) Appeal by Louise Campbell & Arthur R. Lewis, Michael Scavuzzo and Marvin & Carol Root from decision of City of Crescent City granting permit with conditions to Beth M. Forest Trust for 2-story 2,850 sq.ft. single-family home & attached garage on coastal blufftop lot, at 1100 South Pebble Beach Drive, Crescent City, Del Norte County. (JB-E) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

d. Appeal No. A-1-02-152 (Redland, Del Norte Co.) Appeal by Commissioners Wan & Woolley from decision of County of Del Norte granting permit with conditions to Redland Company to divide lot into four lots (0.58 to one acre) plus 6.5-acre remainder lot, at 145 Redland Lane, Smith River, Del Norte County. (JB-E) [TO CONTINUE]

6. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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. 1-02-26 (Westbrook & Wetherell, Del Norte Co.) Application of Clarence Westbrook & Harry Wetherell to extract up to 50,000 cu.yds. of river-run sand gravel aggregate annually from upper Woodruff Gravel Bar in Smith River, 1.5 miles downstream from Dr. Fine/Highway 101 Bridge, Smith River area, Del Norte County. (JB-E) [DENIED]

b. Application No. 1-02-142 (Eleutherian Pan-Communion, Humboldt Co.) Application of The Eleutherian Pan-Communion of Adidam to drill one 280-ft-deep cased domestic well (with 20-foot sanitary seal), construct 35-ft-long 12-ft-wide access road to drill site and rectangular area for drilling rig(s), and install water pipe & underground electrical line between wellhead and 1512 Stagecoach Road, north of Trinidad, Humboldt County. (TST-E) [APPROVED WITH CONDITIONS]

7. PERMIT AMENDMENTS. See AGENDA HEADINGS. 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. 1-98-100-A3 (Caltrans, Mendocino Co.) Request by California Department of Transportation to replace approved Type 80SW single bridge railing system with ST-10 dual bridge railing & crash barrier system on replacement Highway 1 bridge crossing Noyo River, Fort Bragg, Mendocino County. (JB-E) [APPROVED WITH CONDITIONS]

b. Permit No. A-1-99-6-A3 (Caltrans, Mendocino Co.) Request by California Department of Transportation to replace approved Type 80SW single bridge railing system with ST-10 dual bridge railing and crash barrier system on replacement Highway 1 bridge crossing Noyo River, Fort Bragg, Mendocino County. (JB-E) [APPROVED WITH CONDITIONS]

c. Permit No. A-1-01-59-A (Thelen, Mendocino Co.) Request by Max & Phyllis Thelen to modify permit to remodel existing home to revise additions & modifications, not change approved orientation of roof ridge of house & garage (retaining north-south orientation), eliminate studio addition, convert 2-car garage to 1-car garage, and convert and expand part of garage into 384 sq.ft. guest cottage, at 31960 Navarro Ridge Road, Mendocino County. (RSM-E) [APPROVED WITH CONDITIONS]

8. FINDINGS. See AGENDA HEADINGS.

a. Appeal No. A-1-01-43 (Wright, Mendocino Co.) David & Suzanne Wright granted permit with conditions for 2,550 sq.ft. 18-ft-high single-family home, 625 sq.ft. detached garage, sewage system, extension of utilities, and 2,500 sq.ft. paved driveway, at 45501 Headlands Drive, Little River, Mendocino County. (JB-E) [APPROVED]

b. Application No. 1-02-16 (CalTrans, Humboldt Co.) California Department of Transportation granted permit with conditions to close & remove median crossing at Cole Avenue, extend deceleration & acceleration lanes at Airport Road, extend drainage culvert 75 meters, and rebuild 200 meters of chain link fence, along Highway 101, north of Eureka, Humboldt County. (TST-E) [APPROVED]


Future Meetings: The next meetings of the Coastal Commission will be January 7-10 in Los Angeles, and February 4-7 in San Diego.