Welcome to the California Coastal Commission's Web Site!

You may view and listen to this meeting gavel to gavel live on the web.

When in session, see:

See the video archive page for previous meetings.

You need to have at least version 9 of Windows Media Player installed on your computer.

 

Staff reports linked from individual agenda items below are in PDF (portable document format). Thus, if you have Adobe Reader, you should be able to read and print. If not, you can get it free of charge. To download it, click here, then follow the installation instructions. Please remember that any attachments or exhibits we could not provide here are available for inspection at the offices of the Commission during normal business hours.

The Coastal Commission cannot receive comments on any official business by electronic mail unless specifically indicated. Any information relating to official business should be sent to the appropriate Commission office using U.S. Mail or courier service. Anyone wishing to communicate with a Commissioner about any matter pending before the Commission should read and abide by the ex parte communications rules.


NOTICE

The Coastal Commission's monthly meeting agenda is now available only via the internet.

If you wish to receive electronic notification of the publication of the Commission meeting agenda, please send your email address to

For all other communications, including interest regarding a specific project and a notification request concerning such an item, please contact the appropriate district office  to request to be on the mailing list.

NOTE: Please make sure that you set your e-mail anti-spam settings specifically to allow receipt of email from the coastal.ca.gov domain.

 

Click to request an ADA compliant copy of documents or reports on this agenda
Please include day, month, year and item number


APRIL 2011 Agenda

Santa Barbara Board Of Supervisors
105 E. Anapamu Street
Santa Barbara, CA  93101
(805) 451-6053


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

This has been updated at 12:30 p.m., Thursday, April 14, 2011.

9:00 A.M.

WEDNESDAY, APRIL 13, 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 COAST DISTRICT

4. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

 a. Application No. 1-11-2 (Shepherd, Humboldt Co.) Application of Marilyn Shepherd to replace 940 sq.ft. mobile home with new 960 sq.ft. single family home, at 3708 Patricks Point Drive, Trinidad, Humboldt County. (MBK-E) [APPROVED]

SOUTH COAST DISTRICT (Orange County)

5. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-10-69 (Steelberg, Newport Beach) Application of Ryan Steelberg for removal of existing "U" shaped boat dock and one pile and replacement with new 8' x 30' single finger dock with two new 14" concrete piles, existing pier and gangway will remain. The dock system will be composed of Douglas Fir and Trex decking, at 800 So. Bayfront, Newport Beach, Orange County. (FSY-LB) [APPROVED]

b. Application No. 5-10-92 (Padova & Allen, Newport Beach) Application of Marilyn Padova & Kaki Allen to modify dock system consisting of: removing existing 10' x 22' finger and install new 8' x 26' finger with attached 8' x 3' lobe; remove and replace one 14" pile, install one new 14" pile; re-deck remaining portion of existing dock; replace an existing 12 x 13ft pier platform & 31ft. x 3ft pier with a 12' x 12' pier platform and 27' x 3' pier; remove and replace three 14" "T" piles under pier; and install new 3' x 24' gangway. The dock system will be composed of steel pipe pile, Douglas Fir and Trex decking, at 1209/1211 Bay Front, Balboa Island, Orange County. (FSY-LB) [APPROVED]

c. Application No. 5-10-193 (Sutherlin, Newport Beach) Application of Mike & Mary Sutherlin to remove pier and pier platform, gangway, boat dock float, and piles, and construct new pier and boat dock consisting of 10’ x 14’ pier platform with two, 14” diameter “T” piles, a 3’ x 24’ gangway, and 10’ x 50’ single finger float with three 14 inch diameter piles, at 14 Bay Island, Newport Beach, Orange County, (MV-LB) [APPROVED]

d. Application No. 5-11-009 (Argyros, Newport Beach) Application of George Argyros to remove 38' x 89' long U-shaped float, 8 concrete piles, and 4' x 26' wood gangway, and replace with new float, piles, and gangway of same dimensions. The dock system will be composed of Douglas Fir and Timber Tech decking, at 31 Harbor Island Dr., Newport Beach, Orange County. (JDA-LB) [APPROVED]

6. CONSENT CALENDAR. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 6a below on April 8;
additional materials have been added on April 11.]

a. Application No. 5-10-100 (Walter & Anne Adams, Newport Beach) Application of Walter & Anne Adams to demolish single-family home and construct new 5,470 sq.ft. single-family home with 2 garages (total of 3 parking spaces totaling 796 sq. feet). Grading will consist of 2,900 cu.yds. of cut and export of 2,450 cu.yds. of export to location outside the coastal zone, at 1232 Polaris Drive, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO DISTRICT

7. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-11-14 (San Elijo Lagoon Conservancy & San Diego County Parks) Application of San Elijo Lagoon Conservancy & San Diego County, Parks & Recreation Dept. for multiple openings of San Elijo Lagoon inlet for five-year period to remove sand and cobble deposits and place sand on adjacent beach, at mouth of San Elijo Lagoon, west of South Coast Highway 101, Cardiff, Encinitas, San Diego County. (ES-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

[An addendum has been appended to the deputy director's report for item 8 below on April 11]

8. DEPUTY DIRECTOR’S REPORT FOR ORANGE COUNTY. 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]

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

9.5. LOCAL COASTAL PROGRAMS (LCPS) See AGENDA CATEGORIES.

a. City Of Laguna Beach LCP Amendment No. LGB-MAJ-1-11 (Hazards & Nonconforming Structures & Other Title 25 Changes). Time Extension. Public hearing and action on extension of time limit to act on request by City Of Laguna Beach to amend the Implementation Plan to change grading/construction material hauling hours, modify threshold for development requiring design review, modify design review noticing requirements, exempt elevator shafts from floor area calculation, allow development on nonconforming lots and additions to legal nonconforming structures without a variance; establish/clarify what constitutes a ‘major remodel’ and redefine the term ‘kitchen’; update the floodplain/hazards ordinance; update residential development guidelines; and revise City hedge height claim process, Laguna Beach, Orange County. (KFS/MV-LB) [Time Extension APPROVED]

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

a. Application No. 5-09-202 (Burg Family Trust, Newport Beach) Application of Irving X. & Eleanor J. Burg, Burg Family Trust to demolish wood bulkhead/seawall and construct new 47 ft.-long fiberglass bulkhead/seawall, in same as existing alignment, tied back to new deadman, to protect existing single family home, top elevation of new structure will be raised to 9.25 feet MLLW and remove and replace patio, at 2301 Bayside Drive, Newport Beach, Orange County. (KFS-LB) [POSTPONED]

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

b. Application No. 5-10-58 (Mahfood, San Clemente) Application of James Mahfood for coastal bluff slope stabilization consisting of vertical soldier piles, wood lagging and backfill, tieback anchors at each soldier pile and shotcrete wall connected to piles with reinforcing steel to protect existing 9-unit multiple-family residential structure on bluff top, at 813 Buena Vista, San Clemente, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 5-10-282 (Clarke, Newport Beach) Application of James Clarke to remove existing dock, gangway, and 2 of 4 concrete piles (leaving 2 in the water), and install new 10.5’ x 45.66’ dock, 24’ x 3’ wood gangway, four 16- in. concrete piles, and one 14-in. concrete pile. The dock system will be composed of Douglas fir, at 127 Harbor Island Rd., Newport Beach. (JDA-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

11. REVISED FINDINGS. See AGENDA CATEGORIES.

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

a. City of Dana Point LCP Amendment No. DPT-MAJ-1-10. Public hearing and action on request by City of Dana Point to revise findings for the approval of the City of Dana Point LCP Amendment No. DPT-MAJ-1-10 (Dana Point Harbor Revitalization Plan (IP Only) to implement the recently approved (October 2009) Land Use Plan (LUP) amendment, replacing, in its entirety, the implementation sections in the Dana Point Specific Plan Local Coastal Program relevant to the Dana Point Harbor. (FSY-LB) [APPROVED]

12. RECONSIDERATION. See AGENDA CATEGORIES.

[Correspondence received has been appended to the staff report for item 12a below on April 8;
additional materials have been added on April 11.]

a. Application No. 5-10-32-R (Evensen, Corona Del Mar) Reconsideration of Commission action to deny permit of Mr. & Mrs. Christian Evensen to demolish existing 2.5 level single-family home at top of coastal bluff and demolish detached 1-story, 3-car garage at toe of bluff and construct new 4,715 sq.ft., 4-story single-family home and tunnel and elevator to 1,084 sq.ft., 1-story, 3-car garage. Grading consisting of 944 cu.yds. of cut, 16 cu.yds. of fill and 928 cu.yds. of export to location outside of coastal zone, at 3225 Ocean Blvd, Corona Del Mar, Orange County. (FSY-LB) [Reconsideration DENIED]

SAN DIEGO 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. [APPROVED]

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

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

a. City of Carlsbad LCP Amendment No. 3-10A (Inclusionary Housing) and B (Municipal Golf Course HMP Revisions) Time Extension. Public hearing and action to extend the 90-day time limit for Commission action up to one year on request by the City of Carlsbad to first amend its certified Implementation Plan to revise citywide housing provisions and then, secondly, amend both the land use and zoning designations on the Municipal Golf Course to reflect revisions in the certified Habitat Management Plan. (DNL-SD) [Time Extension APPROVED]

b. City of Carlsbad LCP Amendment No 1-11 (Non-conforming Buildings and Uses Resubmittal) Time Extension.  Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by the City of Carlsbad to amend several chapters of its certified Implementation Plan (IP), including replacing Chapter 21.48 – Nonconforming Building and Uses in its entirety, and amending other relevant chapters to encourage the rehabilitation of nonconforming buildings and uses. (TR-SD)  [Time Extension APPROVED]

16. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-6-PSD-11-6 (CCDC & San Diego Unified Port District, San Diego) Appeal by Kathryn Rhodes, Conrad Hartsell, Scott Andrews and Commissioners Shallenberger & Sanchez from decision of Port of San Diego granting permit with conditions to CCDC & San Diego Port District to realign North Harbor Drive from B Street Pier to south of Broadway Pier eastward resulting in net loss of 146 parking spaces; construct 105-ft. wide esplanade; public plaza at foot of West Broadway; shade pavilions; ticket kiosks; information building; walk-up café; restroom; median improvements on West Broadway between North Harbor Drive and Pacific Highway; restriping to provide additional turn lane to Grape Street and North Harbor Drive intersection; & construct public park/plaza in 150-ft. setback from Harbor Drive on Lane Field, at North Harbor Drive, from B Street Pier to south of Broadway Pier; Grape Street and North Harbor Drive intersection, San Diego, San Diego County. (DL-SD) [SUBSTANTIAL ISSUE FOUND, APPROVED WITH CONSITIONS at de novo hearing]

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.

a. Application No. 6-10-41 (UCSD, San Diego) Application of University of California, San Diego (Scripps Institution of Oceanography) to construct 38,600 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) [APPROVED WITH CONDITIONS]

b. Application No. 6-10-89 (T-Mobile West Corp., San Diego Co.) Application of T-Mobile West Corp. for after-the-fact permit to install 52.5 ft. monopole with 12 antennas and equipment shelter, at 2144 B Street, Camp Pendleton, San Diego County. (TR-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

NORTH COAST DISTRICT

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 Eureka office at (707) 445-7833. [APPROVED]

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

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

a. Humboldt County LCP Amendment No. HUM-MAJ-4-09 (Barry/Peterson/Chisum). Public hearing and action on request by Humboldt County to amend the Certified Land Use Plan to amend Section 3.22-(B)(3) to include a road connection between Humboldt Hill Road and Tompkins Hill Road south of Eureka. (MBK-E) [POSTPONED]

b. County of Del Norte LCP Amendment No. DNC-MAJ-1-10 (Elk Valley Rancheria) Time Extension. Public hearing and action on extension of time limit to act on request by County of Del Norte for Land Use Text Amendment to the Local Coastal Plan Element for the purpose of allowing the extension of public utilities to Elk Valley Rancheria. (JB-E)  [Time Extension 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.

a. Application No. 1-07-18 (City of Arcata) Application of City of Arcata Samoa Blvd Gateway Improvement project entailing conversion of 4-lane roadway to 2 lanes, construct drainage improvements, curbs, sidewalks, ADA ramps, drop curb driveways, paving, landscaping, street lights, signage and striping along 5,270 feet of Highway 255 from Union Street to V Street, Arcata, Humboldt County. (JB-E) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

[An addendum has been appended to the deputy director's report for item 22 below on April 11]

22. DEPUTY DIRECTOR’S REPORT FOR LOS ANGELES COUNTY. 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]

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

a. City of Long Beach, LCP Amendment No. LOB-MAJ-02-10. Public hearing and action for City of Long Beach, LCP Amendment Request No. 2-10. Amendment No 2-10 would amend the Downtown Shoreline Planned Development District (PD 6) to remove the 150,000 gross square foot limit on the size of the aquarium allowed in Shoreline Park (Subarea 6). (CP-LB) [APPROVED WITH MODIFICATIONS]

b. City of Long Beach, LCP Amendment No. LOB-MAJ-01-10. Public hearing and action for City of Long Beach, LCP Amendment Request No. 1-10. Amendment No. 1-10 would divide Subarea 1 of the Downtown Shoreline Planned Development District (PD-6) into Subareas 1 and 1a, expand the list of allowable land uses (to include office, residential, retail and hotel uses) and adopt development standards for Subarea 1a (including a 500-foot height limit), and incorporate the Golden Shore Master Plan into the certified LCP. (CP-LB) [POSTPONED]

24. 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. 5-10-295 (Covespring Partners, LLC, Playa del Rey, Los Angeles Co.) Application of Covespring Partners, LLC to demolish 4,290 sq.ft., 1-story school and construct 3,987 sq.ft. and 3,917 sq.ft., 3-story buildings with 16 tandem parking spaces for each building, at 309-315 Culver Blvd., Playa del Rey, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

25. 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. 5-95-55-A11 (City of Long Beach) Request by City of Long Beach to expand footprint and facilities of existing aquarium use in Shoreline Park, including construction of proposed 23,330 sq.ft. "Pacific Visions" aquarium expansion project, at 100 Aquarium Way, Long Beach, Los Angeles County. (CP-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:

Bay Island Club v. CCC , Govt. Code § 11126(e)(2)(A)
Catanzarite v. City of Newport Beach, CCC , Govt. Code § 11126(e)(2)(A)
City of Los Angeles v. CCC , Govt. Code § 11126(e)(2)(A)
Frank v. CCC , Govt. Code § 11126(e)(2)(A)
Arnold Land Co. LLC v. CCC , Govt. Code § 11126(e)(2)(A)
Baltimore Land Co. LLC v. CCC , Govt. Code § 11126(e)(2)(A)
Fiery et al. v. Dept. of Fish & Game et al. , Govt. Code § 11126(e)(2)(A)
Hyman et al. v. CCC (Crosby, RPI), Govt. Code § 11126(e)(2)(A)
Laguna Terrace Park LLC v. CCC , Govt. Code § 11126(e)(2)(A)
Loynes et al. v. CCC , Govt. Code § 11126(e)(2)(A)
Malibu Colony Neighbors Alliance et al. v. CCC (Cal. Dep’t 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. Dep’t of Parks & Recreation et al., RPI), Govt. Code § 11126(e)(2)(A)
Coalition for Low Income Housing v. CCC Govt.Code section 11126(3)(2)(A).
Save the Park v. CCC (Colmer, RPI) Govt.Code section 11126(3)(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 reports and possible Commission action on legislation and water quality.

a. 2012 Meeting Dates and Locations.(PD-SF)

9:00 a.m.

THURSDAY, APRIL 14, 2011

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH CENTRAL COAST DISTRICT

3. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Notice of Impending Development De Minimis No. 6-10 (UC Santa Barbara (Robertson Field Turf Expansion Project, Santa Barbara Co.) Public hearing and action on Notice of Impending Development by University of California, Santa Barbara to convert existing grass athletic field (Robertson Field) and adjacent dirt berm to 2.2-ac. artificial turf field, including relocating utility lines, replace lighting system, install subsurface drainage system and weir, addition of 5,800 sq.ft. paved entrance plaza with 100-150 new bicycle parking spaces, remove 15 non-native trees and replace with native trees, remove and relocate 25 cu.yds. of topsoil with miniature lupine seedbank to existing habitat restoration area, 12,500 cu.yds. of grading (9,250 cu.yds. cut, 3,250 cu.yds. fill, 6,000 cu.yds. export), and addition of 2,300 cu.yds. of gravel, located on western edge of Main Campus at University of California, Santa Barbara, Santa Barbara County. (KB-V) [APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

4. 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]

5. 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 5a below on April 11.]

a. Application No. E-11-002 (City of Goleta, Santa Barbara Co.) Application by City of Goleta to re-abandon 3 historic oil wells, abandon 5 non-functioning water wells and remove 1 groundwater monitoring well and conduct associated soil remediation in Ellwood Mesa Open Space, in Goleta, Santa Barbara County. (KHH-SF) [APPROVED WITH CONDITIONS]

6. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

[Addtional materials have been appended to the staff report for item 6a below on April 11.]

a. 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, in order to provide trust land for the Rancheria to construct residential and commercial/office/retail projects, Del Norte County. (LJS-SF) [POSTPONED]

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

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 Eureka office at (707) 445-7833. [APPROVED]

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

a. City of Pismo Beach LCP Amendment No. PSB-1-10 Part 1 (Open Space Landscaping). Public hearing and action on request by City of Pismo Beach to amend the LCP to allow for an increase in landscaping for certain open space properties. (MC-SC)  [APPROVED WITH MODIFICATIONS]

b. City of Santa Cruz LCP Amendment STC-1-11 (La Bahia Hotel). Time Extension Only. Public hearing and action on extension of time limit to act on request by the City of Santa Cruz to amend the LCP to apply a new zoning district and site standards for the historic La Bahia building to facilitate redevelopment of the site as a condo-hotel with restaurant and conference facilities. (SC-SC) [Time Extension APPROVED]

c. San Luis Obispo County LCP Amendment No. SLO-MAJ-2-09 Part 2 (Inclusionary Housing). Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County, accepting certification of SLO-MAJ-2-09 Part 2 with modifications (changing LCP standards related to inclusionary housing requirements), is legally adequate. (MC-SC) [APPROVED]

d. San Luis Obispo County LCP Amendment No. SLO-3-09 (Framework for Planning Update). Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County, accepting certification of SLO-3-09 with modifications (updating the LCP’s Framework for Planning), is legally adequate. (MC-SC) [APPROVED]

10. PUBLIC WORKS PLANS (PWPs) See AGENDA CATEGORIES.

[Correspondence received was appended to the staff report  for item 10a below on April 12.]

a. Opal Cliffs Public Works Plan (PWP 8-09) (Soquel Union Elementary School District, Capitola). Soquel Union Elementary School District’s proposed public works plan to guide future preschool and elementary school development on a portion of Jade Street Park at 4400 Jade Street in Capitola, Santa Cruz County. (SC-SC) [APPROVED]

11. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum was appended to the staff report for item 11a below on April 12.]

a. Appeal No. A-3-MRB-11-010 (San Luis Coastal Unified School District, San Luis Obispo Co.) Appeal by Julie Tacker and Betty Winholtz of City of Morro Bay decision granting permit with conditions to San Luis Coastal Unified School District for installation of nine solar arrays with associated structures and mechanical equipment at 235 Atascadero Road in Morro Bay, San Luis Obispo County. (MC-SC) [SUBSTANTIAL ISSUE  FOUND, APPROVED WITH CONDITIONS at de novo hearing]

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. [APPROVED]

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

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

a. City of Malibu Local Coastal Program Amendment No. 3-09 (TDC Program) Certification Review. Concurrence with Executive Director’s determination that action by the City of Malibu accepting certification of Amendment No. 3-09 with modifications, is legally adequate. (DC-V) [APPROVED]

15. 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 15a below on April 11.]

a. Application No. 4-09-047 (Los Angeles County Dept. of Public Works) Application of LA County of Dept. of Public Works to replace 5 damaged corrugated metal pipe (CMP) culverts varying in size from 18-in. to 48-in. diameter with reinforced concrete pipe (RCP) culvert, including headwalls, wingwalls, metal hand railings, and light class riprap, remove 1 sycamore tree and 4 willow trees and reconstruct roadway, along 1/3 mile-long section of Newton Canyon Road at Culvert Markers 0.03, 0.06, 0.16, 0.28, and 0.32, Santa Monica Mountains, Los Angeles County. (JJ-V)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 15b below on April 11.]

b. Application No. 4-10-097 (Bailey, Los Angeles Co.) Application of Robert E. Bailey to combine 3 lots into 1 and construct 2-story, 35-ft. high, 2,425 sq.ft. single-family home with 492 sq.ft. attached garage, 37 sq.ft. covered porch, 1,408 sq.ft. of decks, replace septic tank with new 1,200-gal. tank, and 165 cu.yds. of grading (7 cu.yds. cut, 158 cu.yds. fill), located at 26380 Ingleside Way in the Malibu Bowl small lot subdivision, Los Angeles County. (KB-V) [APPROVED WITH CONDITIONS]

16. 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

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

[Items 17.3 and 17.5 below share a single, combined staff report;
an addendum with additional correspondence received has been appended to the report on April 13.] 

17.3. Consent Cease and Desist Order No. CCC-11-CD-03 (Newport Banning Ranch –Orange County) Public hearing and Commission action on proposed Consent Cease and Desist Order authorizing and directing Newport Banning Ranch LLC; Aera Energy LLC; Cherokee Newport Beach, LLC; Herman Weissker, Inc.; Southern California Edison; and the City of Newport Beach, to cease and desist from engaging in any further development, including but not limited to removal of vegetation providing habitat for the federally-designated-as-threatened coastal California gnatcatcher, on the properties designated by the Orange County Assessor’s Office as Parcel Nos. 424-041-04, 424-041-10, 114-170-43, and 114-170-79, all of which are located immediately inland of the 5000 block of W. Coast Highway in Newport Beach. Furthermore, Newport Banning Ranch LLC; Aera Energy LLC; Cherokee Newport Beach, LLC; and the City of Newport Beach shall remove materials from the areas impacted by the subject unpermitted development, including, but not limited to, the following: gravel, concrete, and construction materials. The Consent Order also resolves civil liability associated with the unpermitted development addressed by the Consent Order.  (AJW-LB) [APPROVED]

17.5. Consent Restoration Order No. CCC-11-RO-02 (Newport Banning Ranch –Orange County) Public hearing and Commission action on proposed Consent Restoration Order authorizing and directing: 1) Newport Banning Ranch LLC, Aera Energy LLC, Cherokee Newport Beach, LLC, and the City of Newport Beach to restore portions of their respective properties designated by the Orange County Assessor’s Office as Parcel Nos. 424-041-04, 424-041-10, 114-170-43, and 114-170-79, all of which are located immediately inland of the 5000 block of W. Coast Highway in Newport Beach; such restoration including, but not being limited to, mitigating for loss of habitat by creating or enhancing areas of coastal sage scrub that will provide habitat for the federally-designated-as-threatened coastal California gnatcatcher at a 3:1 ratio (creation/enhancement area to area impacted by the subject unpermitted development); and 2) Herman Weissker, Inc., and Southern California Edison to avoid taking any action inconsistent with the purpose of these Orders, including, but not limited to impeding the ability of Newport Banning Ranch LLC and the City of Newport Beach to perform and carry out the restoration activities. The Consent Order also resolves civil liability associated with the unpermitted development addressed by the Consent Order. (AJW-LB) [APPROVED]

18. GENERAL PUBLIC COMMENT. Public comments will be heard for no more than 30 minutes.

 

Future Meetings: The next meetings of the Coastal Commission are May 11-13, 2011 in Santa Rosa and June 15-17, 2011 in Marina del Rey.