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June 2010 Agenda

Marina del Rey Hotel
13534 Bali Way
Marina del Rey, CA 90292
(562) 972-9854

 

The phone number will only be in service during the meeting.

This page has been updated as of 2:15 p.m., Friday, June 11, 2010.

9:00 a.m.

WEDNESDAY, JUNE 9, 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.

SOUTH COAST DISTRICT (Orange COUNTY)

4. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-06-111 (Mesa Consolidated Water District, Newport Beach) Application of Mesa Consolidated Water Dist. for follow-up to emergency permit for repair of leak from existing 42-in. steel water main and removal of non-native plant species and mitigation by planting Mulefat (Baccharis salicifolia) and Mexican Elderberry (Sambucus Mexicana), at Bayview Way, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-09-250 (Department of Fish & Game, Newport Beach) Application of Dept. of Fish & Game to remove floating dock, gangway, and bulkhead and construct new U-shaped 33-ft. x 65-ft. dock, 30-ft. x 4-ft. gangway and new bulkhead to be located behind and landward of existing bulkhead, at 600 Shellmaker Road, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 4c below on June 8.]

c. Application No. 5-10-65 (San Clemente Shorecliffs Beach Club Assoc., San Clemente) Application of San Clemente Shorecliffs Beach Club Association to remodel interior and improve façade to existing 1,544 sq.ft. beach club structure including replacement of doors and windows, expansion of outdoor BBQ area, addition of new wood deck, new patio cover, and new signage on private sandy beach parcel, at 2771 Coast Highway, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

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

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

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

a. Carlsbad LCP Amendment No. 4-09B (Building Height). Public hearing and action on request by the City of Carlsbad to amend its certified Implementation Plan to clarify how height is calculated, and amend several related definitions pertaining to building height. (TR-SD) [APPROVED as submitted]

8. NEW APPEALS. See AGENDA CATEGORIES.

[Items 8a and 8b share a single, combined staff report.]

[Addenda has been appended to the combined staff report for items 8a and 8b below on June 8.]

a. Appeal No. A-6-COR-08-98 (Hotel Del Partners LP, Coronado) Appeal by Commissioners Kruer & Wan and Concerned Citizens for Keeping the Hotel Del Beautiful from decision of City of Coronado granting permit with conditions to Hotel Del Partners LP to amend permit for Hotel Del Coronado Master Plan to relocate approved conference center and south beach guest rooms, relocate bus staging area from adjacent to R.H. Dana Place to Orange Avenue, add surface parking adjacent to entry garden and R.H. Dana Place; retain laundry facility; reposition southerly end of Paseo del Mar public easement to connect to public easement/walkway adjoining the Coronado Shores development; and convert 144 approved new hotel rooms to condo-hotel ownership, at the Hotel del Coronado, 1500 Orange Avenue, Coronado, San Diego County. (DL-SD) [TO CONTINUE]

b. Appeal No. A-6-COR-08-99 (Hotel Del Partners LP, Coronado) Appeal by Commissioners Kruer & Wan and Concerned Citizens for Keeping the Hotel del Beautiful from decision of City of Coronado granting permit with conditions to Hotel del Partners LP for 3 lot tentative subdivision map to allow conversion of 144 approved new hotel rooms to condo-hotel ownership; the multiple room suites would have 144 rooms available for rent, subdivided as 85 limited-term occupancy condominium hotel units and 30 resort/hotel managed commercial units (non-habitable management condominium units, e.g. lobby and maintenance closets), at the Hotel del Coronado, 1500 Orange Avenue, Coronado, San Diego County. (DL-SD) [TO CONTINUE]

9. 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. 6-09-64 (City of San Diego Ocean Beach parking restrictions) Application of City of San Diego Engineering and Capital Projects Dept. to install signage limiting on-street parking to 2 hrs Monday through Saturday 8 a.m. to 5 p.m. and paint "T" parallel parking spaces to prohibit oversize vehicle parking (affecting 8 existing parking spaces), at 900 block Abbott Street between Newport Avenue and Saratoga Avenue, Ocean Beach, San Diego, San Diego County. (DL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

10. 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.

[An addendum has been appended to the staff report for item 10a below on June 8.]

a. Permit No. 6-04-88-A4 (Southern California Edison (SCE) & San Dieguito River Park Joint Powers Authority, Del Mar & San Diego) Request by Southern  California Edison (SCE) to amend Special Condition Nos. 4, 12 and 27 of permit for restoration of San Dieguito Lagoon. Project includes replacement of restoration module W45 with restoration module W16, modification of timing for construction of public beach accessways, and modifications to special conditions for riverbank revetment, located within western end of San Dieguito River Valley between El Camino Real and Pacific Ocean, Del Mar and San Diego, San Diego County. (GB-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

11. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Application No. 6-07-133 (Li, Encinitas) Bernard Li granted permit with conditions to remove 6 ft. of concrete footing from seaward side of unpermitted seawall, construct 10-ft. high addition to unpermitted seawall, install 35-ft. high tied-back concrete columns between existing ones and add 1.5-ft. thick colored and textured facing over seawall, on public beach below 680 Neptune Avenue, Encinitas, San Diego County. (GDC-SD) [APPROVED]

NORTH 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 Eureka office at (707) 445-7833.

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

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

a. Humboldt Co. LCP Amendment No. HUM-MAJ-2-09 (New Heart Community Church) Time Extension. Public hearing and Commission action to extend time limit for action by County of Humboldt to accept Commission certification of LCP Amendment No. HUM-MAJ-2-09 with suggested modifications. (MBK-E) [APPROVED]

15. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-1-MEN-10-12 (Brotherton, Mendocino Co.) Appeal by Commissioners Bloom & Stone from decision of Mendocino County granting permit with conditions to Paula & Tom Brotherton for construction of new 3,495+/- sq.ft. single family home with attached garage and maximum average height of 18 ft. above natural grade, including entry trellis, driveway, generator enclosure, patio, landings, walkways, retaining walls, septic system, underground utilities, 500 gal. underground propane tank, and 10,000 gal. underground water storage tank, at 45480 Chapman Road, Mendocino, Mendocino County. (TG-E) [WITHDRAWN]

b. Appeal No. A-1-MEN-10-15 (Bethel & Hupp, Mendocino Co.) Appeal by Commissioners Shallenberger & Bloom from decision of Mendocino County granting permit with conditions to Barbara Bethel & John Hupp for material modification of permit granted for single-family home and guest cottage to substitute guest bedroom for guest cottage, alter approved building footprint, and add additional windows to all elevations of home, at 9490 North Highway One, Mendocino, Mendocino County. (TG-E) [SUBSTANTIAL ISSUE FOUND, de Novo HEARING TO CONTINUE]

c. Appeal No. A-1-MEN-10-20 (Big River Partners, LLC, Mendocino Co.) Appeal by Albion Residents Association & Sierra Club, Mendocino from decision of County of Mendocino granting permit with conditions to Big River Partners, LLC for construction of 3,264± sq.ft., 18-ft. high single-story home with attached 845± sq.ft. garage; install septic disposal system; connect to existing water well; place propane and water storage tanks, pump house, generator shed, propane shed and hot tub; and construct driveway, at 3400 North Highway One, Albion, Mendocino County. (TG-E) [POSTPONED]

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. 1-08-47 (Crescent City Harbor District, Crescent City) Application of Crescent City Harbor District to repair storm damage to inter boat basin breakwater, including construction of concrete diaphragm along entire length of breakwater, placement of armor stone in various locations for erosion control, and placement of topsoil and seeding, at 101 Citizens Dock Road, Crescent City, Del Norte County. (JB-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 1-08-50 (Crescent City Harbor District, Crescent City) Application of Crescent City Harbor District to (1) repair riprap slope protection and asphalt paving near end of Citizen's Dock Road. Repairs include placement of 1-ton and light class riprap, concrete slope protection, and placement of aggregate base; (2) repair riprap slope protection near Whaler's Island. Repair includes placement of 2-ton and 1-ton rock slope protection, Type B fabric, concrete key, and new asphalt pavement; (3) repair riprap slope protection and parking improvements at Citizen's Dock Road. Repairs include placement of 1-ton and light class riprap, concrete slope protection, and placement of aggregate base; (4) repair riprap slope protection, and sinkhole on Anchor Way. Repairs include replacement of riprap, concrete key, and concrete barrier. Road repairs are also required, at 101 Citizens Dock Road, Crescent City, Del Norte County. (JB-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 1-09-36 (Lake, Arcata) Application of Robert Lake to develop seven, 2-bedroom, 1-bathroom residential apartment units on 0.45-ac. lot with 6 of the residential units to be constructed as part of new proposed apartment building and remaining residential unit located on second story of existing retail structure, at 575 H Street, Arcata, Humboldt County. (RSM-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

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. 1-03-21-A (City of Arcata, Arcata) Request by City of Arcata to modify permit granted for repair of levees separating Klopp Lake and wastewater treatment ponds from Humboldt Bay to extend repairs of shoreline embankment along 700 ft. of South I Street and 2,000 ft. of wastewater pond levees and provide wetland habitat mitigation at Arcata Municipal Wastewater Treatment Plant and Arcata Marsh and Wildlife Sanctuary, adjacent to Humboldt Bay, between South I and G Streets, Arcata, Humboldt County. (MBK-E) [APPROVED]

SOUTH COAST DISTRICT (Orange County)

18. 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.

[An addendum has been appended to the staff report on item 18a below on June 8.]

a. City of Dana Point LCP Amendment No. DPT-MAJ-1-08 (Certification Review). Concurrence with the Executive Director’s Determination that the action by the City of Dana Point, accepting certification of DPT-MAJ-1-08 with modifications is acceptable. The amendment establishes new land use designations and boundaries throughout the harbor; expands allowable development by approximately 153,000 sq.ft. (all uses) including commercial development (+7,300 sq.ft. retail/+50,000 sq.ft. restaurant), enlarged hotel (136 rooms to 220 rooms) plus conference facilities, new marine retail (9,100 sq.ft.), among other expanded uses; changes parking requirements; reduces space allocated for surface boat storage; and changes height limits to allow for 65 ft. tall dry stack storage building for 400 boats and up to 60-ft. tall commercial buildings. (FSY-LB) [Pulled from agenda by staff]

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

20. REVISED FINDINGS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report on item 20a below on June 8.]

a. City of Dana Point LCP Amendment No. DPT-MAJ-1-08 (Revised Findings). Revised findings in support of Commission’s approval with modifications of Dana Point Harbor Revitalization Plan that establishes new land use designations and boundaries throughout harbor; expands allowable development by approximately 153,000 sq. ft. (all uses) including commercial development (+7,300 sq.ft. retail/+50,000 sq.ft. restaurant), enlarged hotel (136 rooms to 220 rooms) plus conference facilities, new marine retail (9,100 sq.ft.), among other expanded uses; changes parking requirements; reduces space allocated for surface boat storage; and changes height limits to allow for 65 ft. tall dry stack storage building for 400 boats and up to 60 ft. tall commercial buildings in Dana Point, Orange County. (FSY-LB) [APPROVED]

21. 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 21a and 21b below on June 8.]

a. Application No. 5-09-179 (Hitchcock Jr., San Clemente) Application of Frederick E. Hitchcock, Jr. to install new 1,256 sq.ft., double-wide, 18.5 ft. tall mobile home, on above-ground concrete block pier foundation, hardscape improvements including paver patio, 11-ft. tall patio cover, 30-in. tall masonry seat wall along oceanfront, drainage improvements and landscaping, on oceanfront lot, at 1880 N. El Camino Real #80, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-09-180 (Hitchcock Jr., San Clemente) Application of Fredrick E. Hitchcock, Jr. to install new 1,345 sq.ft., double-wide, 19.5 ft. tall mobile home, on above-ground concrete block pier foundation, hardscape improvements including paver patio, 11-ft. tall patio cover, 30-in. tall masonry seat wall along oceanfront, drainage improvements and landscaping, on oceanfront lot, at 1880 N. El Camino Real #81, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-09-225 (Orange County Public Works, Huntington Beach) Application of Orange County Public Works to repair and replace cathodic protection system and Talbert flood control channels. Work includes placement of 110 new sacrificial anodes each with footprint of 8 in. x 8 in. resulting in fill within tidally influenced channels. Work is also proposed within adjacent maintenance roads, within and adjacent to Huntington Beach and Talbert flood control channels located between Beach Blvd. and Bushard St., just north of Pacific Coast Highway and south of Yorktown Ave., Huntington Beach, Orange County. (MV-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

21.5. DISPUTE RESOLUTION.

[An addendum has been appended to the staff report for item 21.5a below on June 8.]

a. Dispute Resolution No. 5-10-117-EDD (Laguna Terrace Park LLC, Laguna Beach) Public hearing on appealability to Commission of City of Laguna Beach action on application for coastal development permit No.10-26 to subdivide Laguna Terrace Mobile Home Park into 157 individual lots for residences, and 1 lettered lot that includes existing private streets and common areas, at 30802 South Coast Highway, Laguna Beach, Orange County. (KFS-LB) [EDD UPHELD]

ENFORCEMENT

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

NORTH CENTRAL COAST DISTRICT

23. 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.

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

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

a. San Mateo County LCP Amendment No. SMC-MAJ-1-07 (Midcoast LCP Update). Time Extension. Public hearing and action on request to extend the time limit for San Mateo County to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Amendment SMC-MAJ-1-07 (Midcoast LCP Update). (RP-SF) [APPROVED]

b. San Mateo County LCP Amendment No. SMC-MAJ-1-04-A (Midcoast Design Standards). Time Extension. Public hearing and action on request to extend the time limit for San Mateo County to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Amendment SMC-MAJ-1-04-A (Midcoast Design Standards). (MC-SF) [APPROVED]

c. San Mateo County LCP Amendment No. SMC-MAJ-1-09 (Wireless Facilities). Time Extension. Public hearing and action on request to extend the time limit for San Mateo County to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Amendment SMC-MAJ-1-09 (Wireless Facilities). (MC-SF) [APPROVED]

25.5. COASTAL PERMIT APPLICATIONS.

a. Application No. 2-09-15 (Sonoma County Regional Parks Department). Application of Sonoma County Regional Parks Department to repair and maintain rip-rap, embankments, breakwater timber and pilings damaged by winter storms at 3 separate Sonoma County Regional Park project locations (Spud Point Marina, Porto Bodega/Bodega Bay Sport Fishing Center Marina, and Doran Beach), Bodega Bay, Sonoma County. (GMA-SF) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

STATEWIDE

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

CCC v. Witter et al., Govt. Code § 11126(e)(2)(A)
City of Dana Point v. CCC (Headlands Reserve LLC, RPI), Govt. Code § 11126(e)(2)(A)
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)
Hines v. CCC et al. (Star, RPI), Govt. Code § 11126(e)(2)(A)
McNamee v. CCC, 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)
Venice Stakeholders Association v. CCC et al., Govt. Code § 11126(e)(2)(A)
Sterling v. CCC, Govt. Code § 11126(e)(2)(A)
Gualala Festivals Committee v. CCC et al., 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).

26. APPROVAL OF MINUTES. [APPROVED]

27. COMMISSIONERS' REPORTS.

28. CONSERVANCY REPORT.

29. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

30. DEPUTY ATTORNEY GENERAL'S REPORT.

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

9:00 a.m.

THURSDAY, JUNE 10, 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.

CENTRAL 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 Santa Cruz office at (831) 427-4863. [APPROVED]

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

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

a. San Luis Obispo County LCP Amendment No. SLO-1-09 (Williamson Act). Public hearing and action on request by San Luis Obispo County to add LCP provisions related to implementation of the Williamson Act. (MC-SC) [POSTPONED]

7. 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. 3-09-052 (Neal, Pismo Beach) Application of Jack and Rita Neal to plug sea cave and fill sink hole in bluffs fronting 409 Indio Drive in Pismo Beach, San Luis Obispo County. (MW-SC) [POSTPONED]

[Thursday item 7b has been moved to Friday.  See Friday item 14a below.]

SOUTH CENTRAL 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 Ventura office at (805) 585-1800.

a. City of Malibu Local Coastal Program Amendment No. 3-08 (La Paz) Certification Review.  Concurrence with Executive Director’s determination that action by the City of Malibu accepting certification of Amendment No. 3-08 with modifications, is legally adequate.
(DC-V) [APPROVED]

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

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

[An addendum has been appended to the staff report for item 10a below on June 7.]

a. City of Malibu LCP Amendment No. MAJ-2-09-B. Public hearing and action on request by City of Malibu to amend its certified LCP to change the land use and zoning designation of property known as 21200 Pacific Coast Highway (APN 4451-001-042) from Commercial Visitor-Serving (CV-1) to Multi-Family Beachfront (MFBF), and to add water wells to the list of development that may be processed as administrative coastal development permit, City of Malibu, Los Angeles County. (DC-V) [APPROVED WITH MODIFICATIONS]

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.

a. Application No. 4-07-098 (California Dept. of Parks and Recreation, Malibu) Application of California Dept. of Parks and Recreation to restore and enhance Malibu Lagoon to improve function of lagoon ecosystem by recontouring lagoon configuration, slopes and drainages to increase hydrologic flow (51,200 cu.yds. cut, 37,500 cu.yds. fill, & 13,700 cu.yds. export), habitat restoration plan replanting native species and remove non-native species, construct public access trail around lagoon, construct interpretive public educational amenities, and implement long-term monitoring plan, Malibu Lagoon State Beach, City of Malibu, Los Angeles County. (AT-V) [POSTPONED]

b. Appeal No. A-4-MAL-09-070 (Drane, Los Angeles Co.) Appeal by Commissioners Shallenberger & Wan of City of Malibu decision granting permit to Clark Drane to construct 110-ft. long, 3-ft. wide private staircase on bluff face, located within pedestrian easement that extends across servient property adjacent to applicant’s residential triplex parcel, connecting Birdview Avenue to the public Westward Beach at 7271 and 7273 Birdview Avenue, Malibu, Los Angeles County. (ND-V) [POSTPONED]

[An addendum has been appended to the staff report for item 11c below on June 8.]

c. Application No. 4-09-087 (Los Angeles County Dept. of Public Works, Los Angeles Co.) Application of Los Angeles County Dept. of Public Works to repair roadway and construct bioengineered slope protection over 3,900 sq.ft. area with 15 in. to 48 in. diameter rocks at toe of slope along Tuna Canyon Creek with willows planted in cardboard tubes within the bioengineered slope, located along 70-ft. long section of Tuna Canyon Road, at Mile Marker 5.04, Santa Monica Mountains, Los Angeles County. (JJ-V) [APPROVED WITH CONDITIONS]

12. LONG RANGE DEVELOPMENT PLAN.

[Items 12a and 13a below share a single, combined staff report]

[An addendum has been appended to the staff report for items 12a and 13a below on June 7.]

a. UCSB Long Range Development Plan (LRDP) Amendment 1-10 (Lagoon Restoration Plan). Public hearing and action on request by the University of California at Santa Barbara to amend its LRDP to revise its Lagoon Management Plan (LMP) to modify language to allow for removal of asphalt pad, Campus Lagoon, Main Campus, University of California, Santa Barbara, Santa Barbara County. (ADB-V) [APPROVED WITH MODIFICATIONS]

13. NOTICE OF IMPENDING DEVELOPMENT.

a. UCSB Notice of Impending Development No. 8-08 (Lagoon Management Plan Restoration). Public hearing and action on Notice of Impending Development by UC Santa Barbara to restore public access improvements at Campus Lagoon, including restoration activities to remove exotic vegetation, protect and establish coastal bluff sage, grassland, oak woodland, salt marsh, and sand dune plant communities on Lagoon Island; remove exotic vegetation and asphalt, protect and establish Monterey cypress, oak woodland, sand dunes, torrey pine, and coastal sage scrub plant communities at Campus Point; protect and enhance salt marsh habitat along perimeter of lagoon adjacent to San Nicolas dorm; delineate specific access trail system around lagoon and restore volunteer trails; construct engineered stairway from the beach to Campus Point, Santa Barbara, Santa Barbara County. (ADB-V) [APPROVED]

SOUTH COAST DISTRICT (Los AngelES County)

14. 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.

[Items 14 a and 14b share a single, combined staff report.]

a. Appeal No. A-5-VEN-08-343 (City of Los Angeles, Dept. of Transportation, Los Angeles) Appeal by Peggy Lee Kennedy et al and Executive Director, Peter Douglas from decision of City of Los Angeles granting permit to City of Los Angeles, Dept. of Transportation to establish Overnight Parking District No. 523 (in the Venice area) with early morning parking restrictions, exempting vehicles with District No. 523 permits, City of Los Angeles, Los Angeles County. (CP-LB) [DENIED]

b. Application No. 5-08-313 (City of Los Angeles, Dept. of Transportation, Venice) Application of City of Los Angeles, Dep. of Transportation to Establish Overnight Parking District No. 523 (in the Venice area) with early morning parking restrictions, exempting vehicles with District No. 523 permits, City of Los Angeles, Los Angeles County. (CP-LB) [DENIED]

c. Appeal No. A-5-VEN-08-344 (City of Los Angeles, Dept. of Transportation, Los Angeles) Appeal by Peggy Lee Kennedy et al and Executive Director, Peter Douglas from decision of City of Los Angeles granting permit to City of Los Angeles, Dept. of Transportation to establish Overnight Parking District No. 526 (in the Villa Marina area) with early morning parking restrictions, exempting vehicles with District No. 526 permits.  City of Los Angeles, Los Angeles County. (CP-LB) [DENIED]

9:00 a.m.

FRIDAY, JUNE 11, 2010

1. CALL TO ORDER.

2. ROLL CALL.

             In the matter of Monterey County Local Coastal Program Amendment MCO-1-07

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).

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.

SOUTH COAST DISTRICT (Los Angeles County)

4. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-10-48 (Naify, Long Beach) Application of Marsha Naify to remove and replace private U-shaped dock and pier in same location, 4 concrete piles will be replaced in same location with 4 new concrete piles, at 245 Bay Shore Ave, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

b. Application No. 5-10-50 (Naify, Long Beach) Application of Marsha Naify to remove and replace private T-shaped dock and pier in same location, 3 concrete piles will be replaced in same location with 3 new concrete piles, at 249 Bay Shore Ave, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

c. Application No. 5-10-51 (Rowan, Long Beach) Application of Don Rowan to remove and replace wooden dock floats for private 9-slip dock using existing piles, at 201 Bay Shore Ave, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

5. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-10-98 (City of Santa Monica, Santa Monica) Application of City of Santa Monica to demolish 6 public beach restroom facilities (8 buildings), including showers and pathways; construct 7 new 14-ft. high, 630 sq.ft. buildings, including outdoor showers, drinking fountains, bike racks, surf board and beach equipment lean walls, seating, pathways; renovate 1 existing restroom facility; and convert existing restroom facility to enclosed waste receptacle and storage building. All facilities will be compliant with Americans with Disabilities Act, at 810,1100,1200 Palisades Beach Road. 2000,2400,2500,2600 & 2800 Ocean Front Walk, Santa Monica, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

6. 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.

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

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

a. City of Rancho Palos Verdes LCP Amendment No. RPV-MAJ-1-10 (Nantasket Drive). Time Extension. Public hearing and action on extension of time limit to act on request by City of Rancho Palos Verdes to amend their LCP for both the Land Use Plan and Implementation Plan to allow a change in land use and zoning designations for a vacant parcel. (JDA-LB) [APPROVED]

9. 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. A-5-LOB-10-15 (2H Properties, Long Beach) Appeal by Commissioners Shallenberger & Wan, Los Cerritos Wetlands Trust (Elizabeth Lambe, Executive Director), Thomas Marchese, Heather Altman, Mary Suttie, David Robertson, El Dorado Audubon Society (Mary Parsell), and Our Town – Long Beach (Joan Hawley McGrath, Sandie Van Horn, Pat Towner, Cindy Crawford, Tarin Olsen, Kerrie Aley, Allan Songer & Brenda McMillan) from decision of City of Long Beach granting permit with conditions to 2H Properties approved (after-the-fact) for importing 1,000 cu.yds. of soil to re-establish and maintain cap over existing landfill (in response to Coastal Commission Emergency Permit 5-09-068-G), and allow weed abatement and remediation, at 6400 Loynes Drive, Long Beach, Los Angeles County. (CP-LB) [POSTPONED]

b. Application No. 5-10-76 (NF Marina, Marina Del Rey) Application of NF Marina to demolish 230 boat slip marina, including removal of 117 pilings, and construct 207 boat slip marina consisting of pre-manufactured concrete dock system, 126 concrete pilings, with in-slip sewage pumpout for all boats and utility hookups, at 14015 & 14035 Tahiti Way (Parcel 8t), Marina Del Rey, Los Angeles County. (AP-LB) [POSTPONED}

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

10. 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. [APPROVED]

BP Oil Spill in the Gulf of Mexico, April 20, 2010 - See our links to updated information about the ongoing cleanup and response efforts for the BP Deep Horizon oil spill in the Gulf of Mexico.

Also, view staff’s May 13, 2010 discussion under the Energy, Ocean Resources and Federal Consistency Deputy Director’s Report to the Commission regarding oil spill and alternative energy.

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

12. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES. Attention:  Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.

a. Application No. E-10-006 (Southern California Gas Co., Santa Barbara Co.) Application of Southern California Gas Co. to internally inspect, clean and maintain (paint and trim vegetation) a 300-ft. segment of above-ground natural gas pipeline and a 3,100-ft. segment of buried natural gas pipeline located adjacent to Tecolotito Creek in Goleta Slough, Goleta, Santa Barbara County. (CT-SF) [APPROVED WITH CONDITIONS]

13. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CC-032-09 (Goleta Sanitary District, Santa Barbara Co.) Consistency certification by Goleta Sanitary District for secondary treatment waiver (i.e., Environmental Protection Agency (EPA) Reissuance, under Section 301(h) of the Clean Water Act, of a modified National Pollutant Discharge Elimination System (NPDES) Permit) for Goleta Municipal Wastewater treatment plant, Goleta, Santa Barbara County. (MPD-SF) [APPROVED]

b. CD-015-10 (Coast Guard, Statewide) Consistency determination by U.S. Coast Guard for establishment of ballast water discharge standard, California ocean waters, statewide. (MPD-SF) [DENIED]

c. CD-026-10 (National Park Service, Marin Co.) Consistency determination by National Park Service for Abbott’s Lagoon coastal dune restoration project, Point Reyes National Seashore, Marin County. (LJS-SF) [APPROVED]

14.  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 for item 14a below on June 9.]

a. Application No. A-3-SLO-09-055 & 069 (Los Osos Wastewater Project, San Luis Obispo Co.) Application of San Luis Obispo County to construct and operate community sewer system (including treatment plant, collection/disposal/reuse facilities, and all associated development and infrastructure) in un-incorporated coastal community of Los Osos adjacent to Morro Bay in central San Luis Obispo County. (JB-SC) [APPROVED WITH CONDITIONS]

Future Meetings:  The next meetings of the Coastal Commission are July 7-9 in Santa Rosa and and August 11-13 in San Luis Obispo. .