9:00 A.M.

WEDNESDAY, FEBRUARY 9, 2011

1. CALL TO ORDER.

2. ROLL CALL.

STATEWIDE

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. CONSENT CALENDAR . See AGENDA CATEGORIES.

a. Application No. 5-10-280 (City of Los Angeles, Department of Works, Bureau of Engineering) Application of City of Los Angeles, Dept. of Works, Bureau of Engineering to construct underground 24’x14’x14’ stormwater diversion structure; dry-weather return diversion structure; hydrodynamic separator; approximately 1.25 million gallon storm water detention tank; install two above ground electrical cabinets; demolish and reconstruct 330 sq.ft. ADA compliant restroom facility; replace playground equipment; and restore site. Best Management Practice will be implemented during construction, at Temescal Canyon Road and within and in immediate vicinity of Temescal Canyon Park, northeast of Temescal Canyon Road and Pacific Coast Highway intersection, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

5. ADMINISTRATIVE CALENDAR.  See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 5a below on February 3.]

a. Application No. 5-10-93 (Gaskill, Corona Del Mar) Application of James Gaskill to remove boat dock which consists of “U” shaped float and gangway attached to bulkhead and to construct new boat dock including wedge shaped float, new 3’x24’gangway to be attached to new 4’x4’ landing at bulkhead. Proposed wedge shape float dimensions are: 44’ long at side perpendicular to bulkhead, 4’ at Pierhead line, 46’ along diagonal side, and 29’ long along side nearest to and parallel with bulkhead. The side nearest bulkhead also includes approximately 4’x15’ lobe to accommodate landing the gangway. Three new steel piles are proposed to replace 3 existing piles, at 1611 Bayside Drive, Corona Del Mar, Orange County. (MV-LB) [APPROVED]

b. Application No. 5-10-141 (Namson, San Clemente) Application of Jay Namson for addition of 763 sq.ft. living space below existing 2,077 sq.ft. home, resulting in 2840 sq.ft. single family home and 863 sq.ft. garage. Grading consists of 22 cu.yds. of cut, at 222 Trafalgar Lane, San Clemente, Orange County. (JDA-LB) [APPROVED]

c. Application No. 5-10-203 (Behsai, Huntington Beach) Application of Mr. & Mrs. Youssef Behsai to construct new deck cantilevered 5 feet beyond bulkhead consisting of 2 parts: one 46 feet in length and one 29 feet in length, on either side of waterfront corner lot. A 42-in. high steel railing is proposed along perimeter of cantilevered deck (no transparent medium will be used on railing), at 16245 Tisbury Circle, Huntington Beach, Orange County. (MV-LB) [APPROVED]

[An addendum has been appended to the staff report for item 5d below on Febuary 8.]

d. Application No. 5-10-237 (Washington Holdings, Dana Point) Application of Washington Holdings to reduce risk of high bacteria levels at Monarch Beach by creating temporary berms of sand to channel runoff from Salt Creek directly into Pacific Ocean; establish water flow from Salt Creek outlet perpendicular to shoreline by creating 2 sand berms, upcoast and downcoast of ponded water and outlet flow on beach. Direct flow, by excavating pilot channel, no more than 4 feet wide, from area between berms, and out to daily high tide line; to be maintained and monitored for period of one-year in order to help develop long-term management plan for outlet, at 500 Monarch Bay Drive, Dana Point, Orange County. (KFS-LB) [APPROVED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

6. 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.

7. NEW APPEALS.  See AGENDA CATEGORIES. 

a. Appeal No. A-2-MAR-11-007 (Nextera, Marin Co.) Appeal by Commissioners Stone & Blank, Environmental Action Committee of West Marin, Marin Audubon Society, Susie Schlesinger, Louise Gregg, Beverly Childs McIntosh, Sid Baskin, and Helen Kozoriz from decision of County of Marin granting permit with conditions to Nextera Energy Resources, David Jablons & Tamara Hicks for installation and operation for up to 3-years of a 197.7 ft.-high meteorological monitoring tower at 5488 Middle Rd, Petaluma, Marin County. (CT-SF) [POSTPONED]

b. Appeal No. A-2-MAR-11-008 (Nextera, Marin Co.) Appeal by Commissioners Stone & Blank, Environmental Action Committee of West Marin, Marin Audubon Society, Susie Schlesinger, Louise Gregg, Beverly Childs McIntosh, Sid Baskin, and Helen Kozoriz from decision of County of Marin granting permit with conditions to Nextera Energy Resources, and Diane, Gregory, and Francis Cornett for installation and operation for up to 3-years of a 197.7 ft.-high meteorological monitoring tower at 2640 Whitaker Bluff Rd., Petaluma, Marin County. (CT-SF) [POSTPONED]

8. CONDITION COMPLIANCE.

[Additional correspondence received has been linked from the staff report on February 8.]

a. Condition Compliance for Permit No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible approval of proposed mitigation site(s) and preliminary restoration plan(s), as required by Commission-approved Marine Life Mitigation Plan submitted by Poseidon Resources in compliance with Special Condition 8 of Permit No. E-06-013 for desalination facility at Carlsbad, San Diego County. (KH-SF)  [APPROVED]

9. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CC-052-10 (San Diego Association of Governments (SANDAG), San Diego Co.) Consistency certification by SANDAG for Sorrento to Miramar Double Track – Phase 1 project, including 6,300-ft.-long section of second railroad track and replacement of single-track railroad bridge 249.9 with new double-track bridge in Sorrento Valley, San Diego County. (LJS-SF) [APPROVED]

b. CD-061-10 (Corps of Engineers, Pismo Beach) Consistency determination by Corps of Engineers for shoreline protection structures at St. Andrews Lift Station (Seacliff Dr. and Baker Ave.) and Vista del Mar Lift Station (Vista del Mar Ave. and Ocean Blvd), Pismo Beach, San Luis Obispo County. (MPD-SF) [POSTPONED]

c. CD-063-10 (Bureau of Indian Affairs, Del Norte Co.) Consistency determination by Bureau of Indian Affairs for fee-to-trust land acquisition of 3 parcels of land totaling 22.6 acres for Smith River Rancheria, to provide trust land for Rancheria to construct residential and commercial/office/retail projects, Del Norte County. (LJS-SF) [POSTPONED]

SOUTH COAST DISTRICT (Los Angeles County)

[Items 10 and 12 below share a single, combined report.]

10. 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. [APPROVED]

11. NEW APPEALS.  See AGENDA CATEGORIES. 

a. Appeal No. A-5-VEN-10-281 (The Leader Camel Cheech, LLC, Los Angeles) Appeal by Harris Levey & Stewart Oscars from decision of City of Los Angeles granting permit with conditions to The Leader Camel Cheech, LLC to allow change of use of existing warehouse distributor to manufacturing office, at 534 Victoria Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

SOUTH COAST DISTRICT (Orange County)

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 Long Beach office at (562) 590-5071. [APPROVED]

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

13.5 DISPUTE RESOLUTION

[An addendum has been appended to the staff report for item 13.5a below on Febuary 8.] 

a. Dispute Resolution No. 5-11-12-EDD (Laguna Terrace Park LLC & Ohana Laguna Reef LLC, Laguna Beach) Public hearing and Commission determination of appealability of City of Laguna Beach action on coastal development permit No. 10-57 to adjust lot lines, at 30802 & 30806 South Coast Highway, Laguna Beach, Orange County. (KFS-LB) [Executive Director's Determination Upheld]

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.

a. Application No. 5-10-12 (Manzo, Corona Del Mar) Application of Patricia Manzo to install new boat dock system consisting of the following: U shaped floating dock with two 2’x46’ Fingers and  6’x16’ headwalk supported by three 12-in. steel pipe piles; 4’x187’ pier approach supported by eighteen 10-in. steel pipe piles; 3’x24’ gangway; and 10’x14’ pier platform support by four 10-in. steel pipe piles. The dock system will be composed of Douglas fir, at 2223 Bayside Dr, Corona Del Mar, Orange County. (FSY-LB) [POSTPONED]

b. Application No. 5-10-107 (Williams, Laguna Beach) Application of Grif Williams to demolish single family home and construct new 4,140 sq.ft., 3-level, 25-ft. high above natural grade, 30-ft. high above finished grade, single family home with attached 652 sq.ft., 2-car garage on bluff top lot, at 14 South La Senda, Laguna Beach, Orange County. (MV-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the report for item 14c below on February 3.]

c. Application No. 5-10-110 (T- Mobile West Corp., Newport Beach) Application of T- Mobile West Corp. to remove concrete light pole and place new replacement steel light pole with mounted wireless antennas, underground vault, vent stacks, and 2 electrical meters within public right-of-way adjacent to Irvine Ave, near intersection of Irvine Ave., and Private Road, located near Upper Newport Bay Regional Park, Newport Beach, Orange County. (JDA-LB) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 14d below on Febuary 8.]

d. Application No. 5-10-125 (Yeskin, Staver, Schneider, Fakouri & Grewe, San Clemente) Application of David Yeskin, Rachel Staver, Mark Schneider, Hadi Fakouri & Catherine Grewe for lot line adjustment to reconfigure 5 existing lots, stabilize landslide using series of caissons & shear pins, construct new public accessway to new viewpoint, & construct new public access corridor to new beach access, with corresponding offers-to-dedicate easements, grade lots and construct 5 single family homes, one on each lot, ranging in size from 2,854 sq.ft. to 6229 sq.ft., and ranging in height from approximately 31’ to 45’, plus landscaping, at La Rambla/Boca Del Canon (lot 7 (323 La Rambla), Lot 8 (325 La Rambla), & Lots 9-11, Tract 4947), San Clemente, Orange County. (KFS-LB) [WITHDRAWN]

[An addendum has been appended to the staff report for item 14e below on Febuary 8.]

e. Application No. 5-11-011 (Shea Homes, Huntington Beach) Application of Shea Homes for Geotechnical investigation, with archaeological and Native American monitoring, within proposed alignment of future vegetated flood protection feature (VFPF) to support future Parkside residential project. A portion of the alignment lies within archaeological site CA-ORA-83/86/144 located at 17301 Graham Street, West of Graham, North of Wintersburg Channel, Huntington Beach, Orange County. (TH-LB) [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)
Hyman et al. v. CCC (Crosby, RPI), Govt. Code §11126(e)(2)(A)
Kretowicz v. CCC, Govt. Code §11126(e)(2)(A)
Loynes, LLC et al. v. CCC, Govt. Code §11126(e)(2)(A)
Malibu Colony Neighbors Alliance et al. v. CCC (Cal. Dept of Parks & Recreation, RPI), Govt. Code §11126(e)(2)(A)
Save the Park v. CCC (Colmer, RPI), Govt. Code §11126(e)(2)(A)
Wetlands Defense Fund et al. v. CCC (Cal. Dept of Parks & Recreation et al., RPI), Govt. Code §11126(e)(2)(A)
Yandow et al. v. CCC, Govt. Code §11126(e)(2)(A)
Laguna Terrace Park LLC v. CCC, Govt. Code §11126(e)(2)(A)

The Commission is authorized to discuss these matters in a closed session pursuant to Government Code Sections 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code Section 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).

15. APPROVAL OF MINUTES. [Draft June 2010  and January 2011 Minutes] [APPROVED]

16. COMMISSIONERS' REPORTS.

17. CONSERVANCY REPORT.

18. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

19. DEPUTY ATTORNEY GENERAL'S REPORT.

20. EXECUTIVE DIRECTOR’S REPORT including reports and possible Commission action on legislation and water quality.

a. Public Education Grants. Public hearing and action on proposed competitive grant awards from sales of the Whale Tail License Plate. (CP & SBL - SF) [APPROVED]

9:00 a.m.

THURSDAY, FEBRUARY 10, 2011

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.

SAN DIEGO DISTRICT

4. ADMINISTRATIVE CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 6-10-96 (Galinson & Fantel, Solana Beach) Application of Laura Galinson & Jane Fantel to construct pool/spa and install landscaping at site with existing home, at 208 Gibson Point, Solana Beach, San Diego County. (MA-SD) [APPROVED]

SOUTH 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 Ventura office at (805) 585-1800. [APPROVED]

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

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

a. City of Santa Barbara LCP Amendment No. MAJ-3-09 (Veronica Meadows) Time Extension. Public hearing and action on City of Santa Barbara request to extend six-month time limit for City Council action on suggested modifications. (JJ-V) [APPROVED]

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

[Items 8a through f below share a single, combined staff report;
an addendum has been linked from the report on February 8]

a. Application No. 4-10-040 (Lunch Properties LLLP, Los Angeles Co.) Application of Lunch Properties LLLP to construct 22-ft. high, 3-level, 12,004 sq.ft. single-family home with 629 sq.ft. storage space and attached 2,128 sq.ft. garage, swimming pool, driveway, septic system, and 4,800 cu.yds. grading (4,000 cu.yds. cut; 800 cu.yds. fill). The proposed project includes access road to connect Sweetwater Mesa Road in City of Malibu to subject property, involving 10,750 cu.yds. grading (4,800 cu.yds. cut; 5,950 cu.yds. fill), retaining walls, entry gate, and two Fire Department staging areas (2,800 sq.ft. and 6,200 sq.ft. in size) requiring 700 cu.yds. grading (fill). In addition, water line proposed as part of Application No. 4-10-041 will also serve proposed residential project. The project is located north of Sweetwater Mesa Road in the Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

b. Application No. 4-10-041 (Vera Properties LLLP, Los Angeles Co.) Application of Vera Properties LLLP to construct 22-ft. high, 2-level, 12,785 sq.ft. single-family home, 2,116 sq.ft. storage space and 1,694 sq.ft. detached garage, swimming pool, 1,595 sq.ft. terraces, septic system, driveway, retaining walls, and 10,700 cu.yds. grading (5,300 cu.yds. cut; 5,400 cu.yds. fill), including 7,800-ft. extension of 8-in. diameter water line down to subject property and 4 other adjacent properties from existing municipal water main beneath Costa Del Sol Way to the north. The project is located north of Sweetwater Mesa Road in the Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

c. Application No. 4-10-042 (Mulryan Properties LLLP, Los Angeles Co.) Application of Mulryan Properties LLLP to construct 28-ft. high, 2-level, 7,220 sq.ft. single-family home, 1,398 sq.ft. attached garage, 3,709 sq.ft. terraces, swimming pool, septic system, access drive with 2 hammerhead turnarounds, and 5,950 cu.yds. grading (3,800 cu.yds. cut; 2,150 cu.yds. fill). The proposed project includes a 20,000 sq.ft. Fire Department staging area involving 9,400 cu.yds. grading (fill), and placement of 13,950 cu.yds. of excess excavated material generated from development of related applications upon 1.88-ac. area. In addition, water line proposed as part of Application No. 4-10-041 will also serve proposed residential project. The project is located north of Sweetwater Mesa Road in the Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

d. Application No. 4-10-043 (Morleigh Properties LLLP, Los Angeles Co.) Application of Morleigh Properties LLLP to construct 28-ft. high, 3-level, 8,348 sq.ft. single-family home, 753 sq.ft. attached garage, swimming pool, septic system, access road, two hammerhead turnarounds, retaining walls, and 18,050 cu.yds. grading (14,350 cu.yds. cut; 3,700 cu.yds. fill). In addition, water line proposed as part of Application No. 4-10-041 will also serve proposed residential project. The project is located north of Sweetwater Mesa Road in the Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

e. Application No. 4-10-044 (Ronan Properties LLLP, Los Angeles Co.) Application of Ronan Properties LLLP to construct 28-ft. high, 3-level, 12,143 sq.ft. single-family home, 2,232 sq.ft. storage space, 3,161 sq.ft. terraces, and 1,762 sq.ft. detached 2-level garage, swimming pool, septic system, access drive, hammerhead turnaround, and 16,000 cu.yds. grading (3,850 cu.yds. cut; 12,150 cu.yds. fill). In addition, water line proposed as part of Application No. 4-10-041 will also serve proposed residential project. The project is located north of Sweetwater Mesa Road in the Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

f. Application No. 4-10-045 (Mulryan Properties LLLP and Morleigh Properties LLLP, Los Angeles Co.) Application of Mulryan Properties LLLP and Morleigh Properties LLLP for lot line adjustment between two 40-ac. parcels, north of Sweetwater Mesa Road in the Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

9. 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 9a below on Febuary 8.]

a. Application No. 4-02-220-A1 (Markham, Los Angeles Co.) Application of Amanda Markham to amend CDP No. 4-02-220 to allow for: (a) reduction in size of previously approved single-family home from 7,665 sq.ft. to 3,752 sq.ft.; (b) relocation of residence and septic system to a more stable site approx. 200 feet northwest, closer to Schueren Rd.; (c) reduction in grading from 3,900 cu.yds. to 3,827 cu.yds. (3,827 cu.yds. cut, 0 cu.yds. fill); (d) reduction in size of detached garage from 865 sq.ft. to 731 sq.ft.; (e) deletion of pool/jacuzzi; (f) deletion of attached garage, and; (g) addition of 711 sq.ft. deck at 780 Schueren Road, Santa Monica Mountains, Los Angeles County. (KB-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

10. REVOCATION.  See AGENDA CATEGORIES. 

a. Revocation Request No. R-4-06-163 (Malibu Valley Farms, Inc., Santa Monica Mountains, Los Angeles Co.) Request by Save Open Space to revoke CDP 4-06-163 granted to Malibu Valley Farms, Inc. for after-the-fact approval for equestrian facility used for horse breeding, raising, training, stabling, exercising, boarding and rehabilitation, including as-built riding arenas, fencing, dirt access road with two at-grade crossings through Stokes Creek, corrals, paddock, mare motel, shelters, covered pipe barns, tack rooms, barn, manure storage areas, and parking lot. The project also includes addition of vegetative swales, bioretention basin with riprap pad, and 0.5-ac. riparian restoration, and removal of various pipe and covered corrals, cross-tie areas, storage containers, and tack rooms, located at 2200 Stokes Canyon Road, Santa Monica Mountains, Los Angeles County. (SLG-V) [POSTPONED]

ENFORCEMENT

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

[Items 11.1, 11.2 and 11.3 below share a single, combined staff report;
an addendum (with correspondence received regarding these items) has been linked from the report on February 8.]

11.1. Commission Consent Cease and Desist Order No. CCC-11-CD-01 (Soloway, Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Consent Cease and Desist Order authorizing and ordering Natalie Soloway to: (1) cease and desist from maintaining existing unpermitted development and/or engaging in any further unpermitted development, including, but not limited to: a guest house, concrete block walls and other materials within and adjacent to Encinal Canyon Creek, and removal of major vegetation from environmentally sensitive habitat areas; and (2) to undertake measures necessary to comply with the Coastal Act, including removal of the unpermitted development, among other things, on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Number 4472-028-028. The proposed Consent Order also includes provisions for resolving claims for injunctive relief and civil liability for undertaking development in violation of the Coastal Act. (EAD-SF) [APPROVED]

11.2. Commission Consent Restoration Order No. CCC-11-RO-01 (Soloway, Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Consent Restoration Order authorizing and ordering Natalie Soloway to: (1) remove unpermitted development, including, but not limited to: a guest house, concrete block walls and other materials within and adjacent to Encinal Canyon Creek; and (2) undertake restoration of those areas impacted by the unpermitted development (including restoration of environmentally sensitive habitat areas from which major vegetation was removed), on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Number 4472-028-028. The proposed Restoration Order also includes provisions for resolving claims for injunctive relief and civil liability for undertaking development in violation of the Coastal Act. (EAD-SF) [APPROVED]

11.3. Commission Consent Cease and Desist Order No. CCC-11-CD-02 (Davies, Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Consent Cease and Desist Order, ordering Gareth Davies to: (1) to cease and desist from maintaining or undertaking any unpermitted development on property located within the Coastal Zone; and (2) not to interfere with implementation of Commission Cease and Desist Order No. CCC-11-CD-01 and Commission Restoration Order No. CCC-11-RO-01, on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Number 4472-028-028. The proposed Consent Order also includes provisions for resolving claims for injunctive relief and civil liability for undertaking development in violation of the Coastal Act. (EAD-SF) [APPROVED]

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

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

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

[Additional materials have been appended to the staff report for item 14a below on Febuary 8.]

a. City of San Diego LCP Amendment No. 2-10 (Pt. Loma Townhomes Resubmittal). Public hearing and action on request by the City of San Diego to amend its LCP and the certified Peninsula Community Plan LUP to re-designate 1.65 ac. site bounded by Carleton, Scott and Dickens Streets from Industrial (fishing/marine-related) to Commercial use. (DNL-SD) [APPROVED WITH MODIFICATIONS]

15. NEW APPEALS.  See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 15a below on Febuary 8.]

a. Appeal No. A-6-ENC-09-50 (Westbridge Financial, Encinitas) Appeal by Dolores Welty, Buena Vista Audubon Society, San Diego Sierra Club, Russ Whitman, and Commissioners Kruer & Wan from decision of City of Encinitas granting permit with conditions to Westbridge Financial to subdivide 56.94-gross acre lot into 19 single-family residential lots, 2 open space lots, and 1 remainder lot, at south side of La Costa Avenue, approx. 0.25 mile west of El Camino Real, Encinitas, San Diego County. (ES-SD) [DENIED]

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. 6-10-41 (UCSD, San Diego) Application of University of California, San Diego (Scripps Institution of Oceanography) to construct 40,100 sq.ft., 3-story Marine Ecosystem Sensing, Observation, and Modeling (MESOM) research and education facility, including laboratories, office, conference and support space, on 2 existing parking lots along the west side of La Jolla Shores Drive at Biological Grade Road, Scripps Institution of Oceanography campus, La Jolla, San Diego, San Diego County. (TR-SD) [POSTPONED]

17. PERMIT AMENDMENTS.  See AGENDA CATEGORIES.  An Amendment below may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation.  If an item is moved to the Consent Calendar it will be processed like other Consent Calendar items (See above) except that if that item is subsequently removed from the Consent Calendar by a vote of 3 or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner material amendments are processed.

[Items 17a and b below share a single, combined staff report.]

a. Permit No. F6760-A6 (Kretowicz, San Diego) Request by Ure and Dianne Kretowicz to amend permit for home addition to delete requirement to record public access easements, pay $3.3 million for public access improvements in La Jolla and after-the-fact approval of various improvements to home on blufftop lot, at 7957 Princess Street, La Jolla, San Diego, San Diego County. (LJM-SD) [POSTPONED]

b. Permit No. A-133-79-A5 (Kretowicz, San Diego) Request by Ure and Dianne Kretowicz to amend permit for home addition to delete requirement to record public access easements, pay $3.3 million for public access improvements in La Jolla and after-the-fact approval for various improvements to home on blufftop lot, at 7957 Princess Street, La Jolla, San Diego, San Diego County. (LJM-SD) [POSTPONED]

9:00 a.m.

FRIDAY, FEBRUARY 11, 2011

1. CALL TO ORDER.

2. ROLL CALL.

3. GENERAL PUBLIC COMMENT. Public comments will be heard at 9 a.m. for no more than 30 minutes.  For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

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

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

6. DISPUTE RESOLUTION.

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

a. 2-11-4-EDD (Mahon, San Mateo Co.) Public hearing and Commission determination of appropriate coastal permit processing (pursuant to California Code of Regulations, Title 14, Section 13569) for single family residential developments owned by Thomas Mahon at 284 and 286 Second Street, Montara, San Mateo County. (ND-SF) [Executive Director's Determination Upheld]

7. NEW APPEALS.  See AGENDA CATEGORIES. 

a. Appeal No. A-2-SMC-11-1 (Mahon, San Mateo Co.) Appeal by Committee for Green Foothills, Montara Neighbors for Responsible Building, Tom Judge, Sally Lehrman & Tom Ballantyne, Kathryn Slater-Carter, Jim Rudolph, Ken Muller, Hilary Srere & William F. Kehoe of County of San Mateo decision granting categorical exclusion from coastal development permit requirements to Thomas Mahon for construction of a new 2,745 sq.ft. single-family home plus garage, at 286 Second Street, Montara, San Mateo County. (ND-SF) [SUBSTANTIAL ISSUE FOUND, Categorical Exclusion DENIED  at de novo hearing]

b. Appeal No. A-2-SMC-11-3 (Mahon, San Mateo Co.) Appeal by Committee for Green Foothills, Montara Neighbors for Responsible Building, Tom Judge, Sally Lehrman and Tom Ballantyne, Kathryn Slater-Carter, Jim Rudolph, Ken Muller, Hilary Srere & William F. Kehoe of County of San Mateo decision granting categorical exclusion from coastal development permit requirements to Thomas Mahon for construction of a new 2,571 sq.ft. single-family home plus a garage, at 284 Second Street, Montara, San Mateo County. (ND-SF) [SUBSTANTIAL ISSUE FOUND, Categorical Exclusion DENIED  at de novo hearing]

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

a. Application No. 2-09-13 (Tomales Farm & Dairy LLC, Marin Co.) Application of Tomales Farm & Dairy LLC to merge and re-subdivide property totaling 100.1 acres, located on agricultural lands, at 26457, 26650 and 26825 State Route One, Tomales, Marin County. (ND-SF) [POSTPONED]

CENTRAL COAST DISTRICT

9. DEPUTY DIRECTOR’S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission’s Santa Cruz office at (831) 427-4863.[APPROVED]

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

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

a. City of Capitola LCP Amendment No. CAP-1-10 Part 2 (Affordable Housing Overlay). Public hearing and action on request by the City of Capitola to amend the LCP to add an Affordable Housing Overlay District (designed to allow increased densities of up to 20 units per acre for projects with a minimum of 50% affordable units) and to apply the new district to a site at 600 Park Avenue in Capitola, Santa Cruz County. (SC-SC).[APPROVED]

b. City of Capitola LCP Amendment No. CAP-1-10 Part 3 (Mixed Uses). Public hearing and action on request by the City of Capitola to amend the LCP to allow residential mixed-use development in the C-C (Community Commercial) Zoning District. (SC-SC).[APPROVED]

c. Santa Cruz County LCP Amendment Nos. SCO-2-10 Part 1 (Hoop Houses), Part 2 (Emergency Homeless Shelters), Part 3 (Public Agency Second Units), and Part 4 (Demolition Exclusion). Time Extension Only. Public hearing and action on extension of time limit to act on request by Santa Cruz County to modify the LCP: (Part 1) to change standards associated with agricultural “hoop houses” and to exclude them from coastal permit requirements; (Part 2) to change standards associated with siting of emergency homeless shelters on land designated for public facilities; (Part 3) to modify owner-occupancy requirements related to second units that house special populations and that are owned by public agencies; and (Part 4) to exclude demolition (with certain exceptions) from coastal permit requirements. (SC-SC) .[Time Extension APPROVED]

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. 3-10-040 (City of Monterey Harbor District) Application of City of Monterey Harbor District to dredge 100,000 cu.yds. over 10-year period from Monterey Marina (between Municipal Wharf’s I & II), and deposit/dispose dredge sediments at two Del Monte Beach receiver sites upcoast of Wharf II at Monterey Harbor/Del Monte Beach in Monterey, Monterey County. (MW-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

13. PUBLIC WORKS PLAN.

a. Public Works Plan No. 8-09 (Soquel Union Elementary School District, Capitola) Time Extension Only. Public hearing and action on extension of time limit to act on public works plan submitted by Soquel Union Elementary School District to guide future preschool and elementary school development on a portion of Jade Street Park located at 4400 Jade Street, Capitola, Santa Cruz County. (SC-SC) [Time Extension APPROVED]

NORTH COAST DISTRICT

14. 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.

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

16. NEW APPEALS.  See AGENDA CATEGORIES. 

[An addendum has been appended to the staff report for item 16a below on February 10.]

a. Appeal No. A-1-MEN-11-001 (Bradley, Mendocino Co.) Appeal by Commissioners Stone & Sanchez from decision of County of Mendocino granting permit with conditions to Douglas D. & Barbara A. Bradley to install groundwater intercept drain to prepare site for testing associated with design for potential future on-site disposal system, at 47100 Havens Neck Drive, Gualala, Mendocino County. (TG-E) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

17. 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 17a below on February 9.]

a. Application No. 1-10-35 (Crescent City Harbor District, Del Norte Co.) Application of Crescent City Harbor District to dredge 7,427 cu.yds. of material from inner boat basin, rebuild tsunami-damaged inner boat basin marina to its pre-disaster configuration, capacity and function, construct wave attenuator to reduce impacts of future tsunamis, upgrade existing utilities, and install fire protection/response system on docks at 101 Citizens Dock Road, Crescent City, Del Norte County. (JB-E) [APPROVED WITH CONDITIONS]

SAN DIEGO DISTRICT

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

19. 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.

[Additional materials have been appended to the staff report for item 19a below on Febuary 8.]

a. Application No. 6-10-85 (SeaWorld, San Diego) Application of SeaWorld San Diego to construct a maximum 30-ft. high roller coaster type ‘Manta Ray” themed ride, including establishment of track system to facilitate ride operations; construction of 9,900 sq.ft. loading/unloading station building and 2,620 sq.ft. restroom building; modifications to existing gift shop building; construction of aquarium viewing tank and ray pool; and, associated landscape and hardscape improvements, within existing theme park, at 500 SeaWorld Drive, Mission Bay Park, San Diego, San Diego County. (MA-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

Future Meetings: The next meetings of the Coastal Commission are  March 9-11 in Santa Cruz County and April 13-15 in Santa Barbara County