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August 2012 Agenda

Santa Cruz County
Board of Supervisors Chambers
701 Ocean Street
Santa Cruz, CA  95060
(415) 407-3211

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

This has been updated at 12:30 p.m., Friday, August 10, 2012.

Please note: agenda items are subject to change.

9:00 A.M.

WEDNESDAY, AUGUST 8, 2012

1. CALL TO ORDER.

2. ROLL CALL.

3. AGENDA CHANGES.

4. GENERAL PUBLIC COMMENT. Public comments will be heard at 9 am for items not on the agenda, for no more than 30 minutes. For those unable to attend the early comment period, there will be additional comment time available later in the day.

SOUTH CENTRAL COAST DISTRICT

4.5. REVOCATION. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 4.5a below on August 7.]

a. Revocation Request No. R-4-07-098 (California Dept. of Parks and Recreation, Malibu) Request by Wetlands Defense Fund and Coastal Law Enforcement Action Network to revoke permit 4-07-098 granted to 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, and 13,700 cu.yds. export), habitat restoration plan to replant 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. (AG-V)  [Revocation DENIED]

SOUTH COAST DISTRICT (Los Angeles County)

5. ADMINSTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-165 (Ashley, Long Beach) Application of Jamie Ashley to remove and replace private U-shaped floating boat dock and gangway in same location using existing piles, at 5494 The Toledo, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

6. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-137 (Verizon Wireless, Pacific Palisades) Application of Verizon Wireless to install new 24-ft. high steel monopole with radome on top, and utility cabinet near base, for cellular communications, at 1801 Palisades Dr, Pacific Palisades, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-12-138 (Verizon Wireless, Los Angeles) Application of Verizon Wireless to install new 24-ft. high steel monopole with radome on top, and utility cabinet near base for cellular communications, at 1651 Palisades Dr., Los Angeles, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-12-139 (Verizon Wireless, Pacific Palisades) Application of Verizon Wireless to install new 24-ft. high steel monopole with radome on top, and utility cabinet near base, for cellular communications, at 1451 Palisades Dr, Pacific Palisades, Los Angeles County. (AP-LB) [POSTPONED]

SOUTH COAST DISTRICT (Los Angeles County)

7. 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]

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

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.

a. Permit No. 5-95-55-A12 (City of Long Beach, Long Beach) Request by City of Long Beach for installation of seawater intake system between Los Angeles River Estuary and aquarium holding tanks, consisting of 450-ft. long underground pipeline and submersible pump attached to existing fishing pier, at 100 Aquarium Way, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL COAST DISTRICT

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

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

[Items 11.1 and 11.3 below share a single, combined staff report.]

11.1. PUBLIC WORKS PROJECT. See AGENDA CATEGORIES.

a. Santa Barbara City College PWP Amendment No. SBCC-PWPA-1-12. Public hearing and action on request by Santa Barbara City College to amend its Public Works Plan to include modifications to the existing Humanities building, consisting of interior remodeling and construction of a 2,070 sq. ft., 34 ft. tall, ADA compliant elevator and bathroom addition, at Santa Barbara City College East Campus, Santa Barbara County. (MA-V) [APPROVED]

11.3. NOTICE OF IMPENDING DEVELOPMENT. See AGENDA CATEGORIES.

a. SBCC-NOID-1-12 (Santa Barbara City College). Public hearing and action on Notice of Impending Development by Santa Barbara City College for addition and remodel to the existing Humanities Building to include a 2,070 sq. ft., 34 ft. high, attached structure with ADA accessible bathrooms and elevator tower, at Santa Barbara City College East Campus, Santa Barbara County. (MA-V) [APPROVED]

11.5. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-4-MAL-12-048 (Kaplan, Malibu). Appeal by Commissioners Zimmer and Brennan from decision of City of Malibu granting permit to Stephen and Jean Moran Kaplan for demolition of an existing single-family beachfront residence and associated development, and construction of a new single-family beachfront residence with a detached accessory structure, covered patios, new spa, firepit, roof deck, roof-top solar panels, hardscape, new alternative wastewater treatment system, a new foundation system consisting of grade beams and 37 piles, and a public view corridor, at 31302 Broad Beach Road, City of Malibu, Los Angeles County. (DC-V) [POSTPONED]

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.      

[An addendum has been appended to the staff report for item 12a blelow on August 7.]   

a. Application No. 4-09-013 (Mariposa Land Company, Malibu) Application (on remand from court decision) of Mariposa Land Co. for permanent placement of rock rip-rap revetment along 500-ft. section of west bank of lower Malibu Creek, in follow-up to emergency permit. The proposed project also includes revegetation of revetment site, at 3728 Cross Creek Road, Malibu, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 12b blelow on August 8.]   

b. Application No. 4-09-026 (Ventura Port District and Sondermann Ring Partners, San Buenaventura) Application of Ventura Port District and Sondermann Ring Partners to adjust lot lines of Port District parcels 15, 16, and 18 and construct 44,400 sq. ft. new public recreational marina; install new piles, gangways, and utilities for berthing of 104 boats, 30 to 80 feet in size; construct new 90-ft. public long dock for exclusive use by personal watercraft; designate 6 new public transient boating spaces, 1 new non-profit boating space, and 1 new water taxi stop, Ventura Harbor, San Buenaventura, Ventura County. (JB-V) [APPROVED WITH CONDITIONS]

c. Application No. 4-11-063 (Hansson, Malibu) Request by David Hansson to construct 7,910 sq.ft., 33.5-ft. high single family home with 5,420 sq.ft. attached subterranean garage, pool, spa, septic system, approx. 150-ft. long driveway, fire department turnaround, driveway retaining walls and 4,900 cu.yds. of grading (2,450 cu.yds. cut, 50 cu.yds. fill, and 2,400 cu.yds export) at 850 Schueren Rd, Malibu, Los Angeles County.(AG-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

13. DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission’s San Francisco office at (415) 904-5260.[APPROVED]

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

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

a. San Mateo County LCP Amendment No. SMC-1-11 (Midcoast Update). Public hearing and action on San Mateo County’s resubmittal and request for certification without modifications of an amendment to the LCP land use plan (LUP) and implementation plan (IP) for the urban Midcoast area (El Granada, Miramar, Moss Beach, Montara, and Princeton-by-the-Sea). (ND-SF) [APPROVED]

16. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been linked from the staff report for item 16a below on August 8.]

a. Appeal No. A-2-SMC-11-021 (Big Wave LLC and Scott Holmes, San Mateo Co.) Appeal by Commissioners Blank and Shallenberger, Committee for Green Foothills, Granada Sanitary District, Pillar Ridge Homeowners Association, San Mateo County League for Coastside Protection, Sierra Club, and Surfrider Foundation of San Mateo County decision granting permit with conditions to Big Wave LLC and Scott Holmes for subdivision of 2 parcels into 13 lots (northern parcel into 10 lots, and southern parcel into 3 lots); construction of 8 office park buildings (containing 225,000 sq. feet of mixed-office uses and 640-space parking lot); construction of 2 wellness center buildings (containing max. of 57 dwelling units and accessory uses and 50-space parking lot); construction of 10,000 sq.ft. commercial public storage facility and 4,000 sq.ft. wellness center storage; construction of 6,000 sq. ft. communications and back-up power facilities; use of existing agricultural well for domestic purposes; establishment of mutual water service company and community wastewater treatment and recycling system; restoration of wetland habitat; with approx. 26,050 cu.yds. of balanced cut and fill, at Airport St. in unincorporated Princeton-by-the-Sea area of San Mateo County. (ND-SF) [SUBSTANTIAL ISSUE FOUND, Permit DENIED 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.

[An addendum has been appended to the staff report for item 17a below on August 7.]

a. Application No. 2-11-24 (City of Daly City Revetment) Application of City of Daly City to repair and expand riprap revetment at Mussel Rock landfill, including stabilizing 450 linear ft. of eroded seawall, and placing additional riprap to total height of 34 feet, at Mussel Rock landfill, north of Skyline Drive in Daly City, San Mateo County. (KG-SC) [APPROVED WITH CONDITIONS]

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

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

20. VESTED RIGHTS CLAIMS.

a. Application No. 3-12-013-VRC (McCarthy, Avila Beach, San Luis Obispo Co.) Application of Rob and Judi McCarthy for claim of vested right for County Service Area 12 domestic water service for proposed 5,500 sq.ft. single-family home and proposed 1,000 sq.ft. secondary home above detached 1,000 sq.ft. garage/workshop and related development located on Cave Landing Rd approx. 500 feet north of parking/access area for Pirates Cove Beach in unincorporated Avila Beach area of San Luis Obispo County. (DR/LW-SC/SF) [POSTPONED]

21. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-SLO-11-061 (McCarthy, San Luis Obispo Co.) Appeal by Commissioners Brennan and Stone of San Luis Obispo County decision granting permit with conditions to Rob and Judi McCarthy for construction of 5,500 sq.ft. single-family home and 1,000 sq.ft. secondary home above detached 1,000 sq.ft. garage/workshop, and related development, including extension of public water service to project site, located on Cave Landing Rd. approximately 500 feet north of parking/access area for Pirates Cove Beach in unincorporated Avila Beach area of San Luis Obispo County. (DR-SC) [POSTPONED]

CLOSED SESSION

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

Ackerberg et al. v. CCC (Access for All et al., RPI) Govt. Code § 11126(e)(2)(A)
City of Carlsbad v. Energy Resources Development & Conservation Comm. (CCC et al., RPI) Govt. Code § 11126(e)(2)(A)
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code § 11126(e)(2)(A)
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code § 11126(e)(2)(A)
Fiery et al. v. CCC et al. Govt. Code § 11126(e)(2)(A)
Pacific Shores Property Owners Assn. v. Dept. of Fish & Game et al. Govt. Code § 11126(e)(2)(A)
Tolowa Nations et al. v. CCC et al. Govt. Code § 11126(e)(2)(A)
Kretowicz v. CCC Govt. Code § 11126(e)(2)(A)
Mariposa Land Co. v. CCC Govt. Code § 11126(e)(2)(A)
North Pacifica LLC v. CCC Govt. Code § 11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California Govt. Code § 11126(e)(2)(A)
Shea Homes LP v. CCC Govt. Code § 11126(e)(2)(A)
Westbridge Capital LLC v. CCC Govt. Code § 11126(e)(2)(A)
Wetlands Defense Fund et al. v. CCC (Cal. Dept. of Parks & Recreation, RPI) 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).

STATEWIDE

22. APPROVAL OF MINUTES. [APPROVED]

23. COMMISSIONERS' REPORTS.

24. CONSERVANCY REPORT.

25. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

26. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Legislation. Legislative report and possible Commission action. (CL/SC-SF) [Proposition 31 OPPOSED]

b. Interagency Agreement. Interagency Agreement between the California Coastal Commission and the Bay Conservation and Development Commission (BCDC). Approval of transfer of federal funds to BCDC for implementation of the California Coastal Management Program for Fiscal Year 2012-2013. (MJ-SF) [APPROVED]

c. Public Education Grant Program. Public hearing and action on proposed targeted grant awards from sales of the Whale Tail^® License Plate. (CP/SBL-SF) [APPROVED]

d. Coastal Cleanup Day History & Tsunami Debris Report. Introduction to history and success of Coastal Cleanup Day and briefing on the status of preparations for the arrival of debris from the March 2011 tsunami in Japan. (ES-SF)

RECEPTION

A reception will be hosted by the City & County of Santa Cruz. It will be held at the Monterey Bay National Marine Sanctuary, Corner of Pacific and Beach Streets, Santa Cruz on Wednesday, August 8, 2012 beginning at 6:00 pm or at the conclusion of the Commission meeting. Members of the public are welcome to attend. Space is limited. To RSVP, contact Melody Serino, (831) 454-3403 for more details.

9:00 a.m.

THURSDAY, AUGUST 9, 2012

1. CALL TO ORDER.

2. ROLL CALL.

3. AGENDA CHANGES.

4. GENERAL PUBLIC COMMENT. Public comments will be heard at 9:00 am for items not on the agenda, for no more than 30 minutes. For those unable to attend the early comment period, there will be additional comment time available later in the day.

SOUTH COAST DISTRICT (Orange County)

5. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-100 (California Department of Transportation (Caltrans) District 12, Huntington Beach). Application of California Department Of Transportation (Caltrans) District 12 for removal and replacement of existing traffic signal equipment and installation of a new 100’ long and 29” tall new metal beam guard rail on the inland, northbound side of the road, at the Bolsa Chica State Beach & Pacific Coast Hwy (SR1) intersection, Huntington Beach, Orange County. (LR-LB) [APPROVED]

b. Application No. 5-12-136 (601 Lido Homeowner's Assc.,Newport Beach) Application of 601 Lido Homeowner's Assc. to remove and replace 3 "U"-shaped floating dock slips with no changes to existing support piles. Reuse existing piles, at 601 Lido Park Drive, Newport Beach, Orange County. (LR-LB) [APPROVED]

6. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-70 (City of Newport Beach and Irvine Public Works Departments) Application of City of Newport Beach & City of Irvine, Public Works Department to widen Jamboree Rd, construct retaining wall, planter walls, landscape medians, sidewalk, drainage outfall, at Jamboree Rd At Macarthur Blvd, Newport Beach & City of Irvine, Orange County. (JDA-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-12-173 (Sackin & Pryor, Huntington Beach) Application of Mr. & Mrs. Paul Sackin & Mr. & Mrs. Paul Pryor to repair existing seawall/bulkhead at two separate locations consisting of installation of 7/16 inch thick carbon fiber reinforced vinyl ester resin sheetpile panel along the toe of the existing seawall footing for a total of 225.6 feet and injection of grout to fill the voids beneath the seawall. Removal of existing concrete overpour along the toe of the footing is proposed to allow the installation of the sheetpile flush along the vertical face of the seawall footing and avoid fill of open coastal waters, at 4011 Figaro Circle & 3341 Bounty Circle, Huntington Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO DISTRICT

7. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-12-45 (Murray, Solana Beach) Application of Alexandra M. Horath Murray to install a 489 sq. ft. swimming pool and 49 sq. ft. attached spa in the rear yard of an existing 5,000 sq. ft. home on an approximately 13,000 sq.ft. lot, at 200 Gibson Point, Solana Beach, San Diego County. (AL-SD) [APPROVED]

SOUTH COAST DISTRICT (Orange County)

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]

a. City of Dana Point LCP Amendment No. DPT-MAJ-2-10 (Del Obispo). Concurrence with the Executive Director’s Determination that the action by the City of Dana Point, accepting certification of DPT-MAJ-2-10 to amend the Local Coastal Plan (LCP) to accomplish the following: 1) include a new Land Use designation “Residential/Commercial” in the Land Use Element of the General Plan; 2) include a new Zoning Category “Residential Commercial-18 (R/C-18)” in the Zoning Ordinance; and 3) change the Land Use designation of the subject site, 34202 Del Obispo Street, from “Dana Point Specific Plan-Recreation” and Zoning designation “Dana Point Specific Plan-Coastal Recreation Space” to General Plan designation of “Residential/Commercial” and the Zoning designation of “R/C-18”. (FSY-LB) [APPROVED]

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

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.

[Additional correspondence received has been linked from the staff report for item 10a below on August 6.]

a. Application No. 5-11-302 (City of Newport Beach Public Park (Sunset Ridge Park) Application of City of Newport Beach for public park (Sunset Ridge Park) including: active recreational amenities in form of playground and picnic area, youth baseball field, and two youth soccer fields; passive recreational amenities in form of memorial garden, pedestrian paths, and an overlook area with shade structure and seating; 1,300 sq.ft., 1-story restroom and storage facility, with maximum height of 20 feet; landscaping/ planting plan, at 4850 West Coast Hwy, Newport Beach, Orange County. (JDA-LB) [APPROVED WITH MODIFICATIONS]

[Addenda have been appended to the staff reports for items 10a and 10b below on August 6.]

b. Application No. 5-12-65 (Goodwin, Richard, Langston, Ritchie, Unatin, Glesy, Wong, Younessi, Campbell, Ross, Wood, Lacy, Thorne, Kawaguchi, Preston, Gallaugher, Malchow & Butler, Huntington Beach) Application of Don Goodwin, Mulvania Richard, Oren & Carol Langston, William & Joyce Ritchie, Gilbert & Rory Unatin, Samuel Glesy, Ing Wong, Michael Younessi, Tobin Campbell, Leigh Ross, Therea Fae Wood, Lois Lacy, Ralph Thorne, Ken & Karen Kawaguchi, Carrie Preston, Thomas & Sandra Gallaugher, Elmer & Lincolna Malchow & Vera J. Butler for bulkhead repair by placement of geotextile filter fabric and rock to restore and protect toe of bulkhead at 19 properties on various man-made islands throughout Huntington Harbour, Huntington Beach, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 5-12-66 (D'Onofrio, Fujioka, Appel/Stanko, Nisbet, Woods, Myers/Rieder, Rieser, Opdahl & Azoulay, Huntington Beach) Application of Paula D'Onofrio, Tad Fujioka, Appel/Stanko, Walter Nisbet, Michael Woods, Myers/Rieder, R. Bruce Rieser, Dick & Joyce Opdahl & Azoulay, to repair existing bulkheads by cutting timber piles deteriorated 25 percent or more and installing a jack between the pile and bulkhead; install new sheet piles, pumping cement-grout mix between new sheet pile and existing bulkhead, and place geotextile filter fabric and rock to provide toe protection to inhibit any future scouring/erosion of bulkhead at 9 locations on various islands throughout Huntington Harbor, Huntington Beach, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

11. DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's San Diego office at (619) 767-2370.

a. City of San Diego LCP Amendment No. 3-10 (Mission Beach PDO Update) Certification Review. Concurrence with the Executive Director’s determination that the action by the City of San Diego accepting suggested modifications to the City’s Local Coastal Program Amendment No. 3-10 is legally adequate. (DNL-SD) [APPROVED]

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

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

[Addenda have been appended to the staff reports for items 13a and 13b below on August 7.]

a. Chula Vista LCP Amendment No. 1-11 (Chula Vista Bayfront Master Plan). Public hearing and action on request by City of Chula Vista to amend certified LCP Land Use Plan and Implementation Plan to revise LCP boundaries and provide alternate land uses and development standards for the 550+ acres of the bayfront along southeastern San Diego Bay in conjunction with the Port of San Diego. The LCPA changes land designations and policies to accommodate the redevelopment of the Sweetwater, Harbor, and Otay Districts with a variety of uses such as: park, open space, hotel and conference space, office, retail and 1,500 residential units. Proposed building heights to include residential towers up to 200 ft. high. (DL-SD) [APPROVED WITH MODIFICATIONS]

b. Port Master Plan Amendment No. 41 (Chula Vista Bayfront Master Plan). Public hearing and action on request by the Port District to amend its certified Port Master Plan to adopt the CVBMP to revise PMP boundaries, provide alternate land uses and development standards for the 550+ acres of the bayfront along southeastern San Diego Bay in conjunction with the City of Chula Vista. The PMPA changes land and water use designations to accommodate the redevelopment of the Sweetwater, Harbor, and Otay Districts with a variety of uses such as: park, open space, buffers, cultural, recreational, hotel and conference space, mixed use office/commercial recreation, and retail. The CVBMP also includes proposed in-water uses, including a reconfigured marina basin and boat slips, a new commercial harbor, and realignment of the existing navigation channel. Proposed building heights to include hotel towers up to 300 ft. high. (DL-SD) [APPROVED]

c. Imperial Beach LCP Amendment No. 1-12 (Commercial/Recreation-Ecotourism) Time Extension. Public hearing and action to extend the 90-day time limit for action for up to one year on request by City of Imperial Beach to incorporate a new Commercial/Recreation-Ecotourism land use category; add Chapter 19.25 Commercial/Recreation-Ecotourism as a companion zoning component; redesignate the property located north of Cypress between Florence and 13^th Streets from Residential Two-Family to Commercial/Recreation-Ecotourism and rezone the same property from R-3000-D to C/R-ET. (DNL-SD) [Time Extension APPROVED]

d. Solana Beach Land Use Plan Adoption of Suggested Modifications Time Extension. Public hearing and action to extend the six month time period for action up to one year on request by City of Solana Beach to act and agree to the terms and modifications adopted by the Commission on March 7, 2012 for the City’s Land Use Plan. (DNL-SD) [Time Extension APPROVED]

e. San Diego LCP Amendment 2-12 (Successor Agency) Time Extension. Public hearing and action to extend the 60-day time limit for action up to one year on request by City of San Diego to amend the Planned District Ordinances (PDO) for Barrio Logan, Center City and Marina planning areas to identify an appropriate decisionmaker to replace the Redevelopment Agency as the land use permitting authority. (DNL-SD) [Time Extension APPROVED]

14. NEW APPEALS. See AGENDA CATEGORIES.

[Addenda have been appended to the staff reports for items 14a and 14b below on August 7.]

a. Appeal No. A-6-ENC-12-42 (Lux Art Institute, Encinitas) Appeal by Donna Westbrook from decision of City of Encinitas granting permit with conditions to Lux Art Institute for boundary adjustment between Lux Art Institute and Grauer School properties resulting in a lot size of 2.7 acres for the Lux Art Institute property and 4.8 acres for the Grauer School property, at 1502 And 1550 South El Camino Real, Encinitas, San Diego County. (ES-SD) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-6-OCB-12-44 (Burks, San Diego) Appeal by Ocean Beach Planning Board from decision of City of San Diego granting permit with conditions to Mr. & Mrs. James and Myrna Burks for demolition of 1-story, 1,250 sq.ft. duplex and construction of 3-story, 30 ft. high, 1,748 sq.ft. home with attached carport on 2,500 sq.ft. lot, at 5170 West Point Loma Blvd., Ocean Beach, San Diego, San Diego County. (KB-SD) [NO SUBSTANTIAL ISSUE FOUND]

14.5. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 14.5a below on August 7.]

a. Application No. 6-11-10 (Oceanus GHAD, San Diego) Application of Oceanus GHAD to remove existing rip-rap and failed seawalls and construct approximately 120 ft. long, 14-20 ft. tall tied-back shotcrete seawall with rip-rap landward of new seawall, on public bluff and beach fronting 4848 Bermuda Avenue (units 01 through 13), San Diego, San Diego County. (ES-SD) [APPROVED WITH CONDITIONS]

CENTRAL COAST DISTRICT

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

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

a. San Luis Obispo County LCP Amendment No. SLO-1-10 (Grading and Stormwater Management). Public hearing and action on request by San Luis Obispo County to modify the LCP’s grading and stormwater management standards. (KK-SC) [APPROVED WITH MODIFICATIONS]

b. City of Seaside LCP Amendment No. SEA-1-11 (Seaside LCP). Public hearing and action on request by City of Seaside to update the certified Land Use Plan and to certify an Implementation Plan, thus compromising an entire LCP for the City. (MW-SC) [POSTPONED]

c. Santa Cruz County LCP Amendment No. SCO-1-12 Part 1 (Nonconforming Regulations). Public hearing and action on request by Santa Cruz County to modify the regulations regarding nonconforming uses and structures. (SC-SC) [POSTPONED]

d. Santa Cruz County LCP Amendment No. SCO-1-12 Part 2 (Commercial Uses). Public hearing and action on request by Santa Cruz County to amend LCP standards for commercial changes of use and parking. (SC-SC) [APPROVED]

e. Santa Cruz County LCP Amendment No. SCO-1-12 Part 3 (Geologic Review). Concurrence with the Executive Director’s determination that the request by Santa Cruz County to modify the LCP’s geologic review requirements is minor. (JA-SC) [APPROVED]

f. Santa Cruz County LCP Amendment No. SCO-1-12 Part 4 (Level 4 Permits). Concurrence with the Executive Director’s determination that the request by Santa Cruz County to modify the LCP’s Level 4 permit process is minor. (JA-SC) [APPROVED]

g. Santa Cruz County LCP Amendment No. SCO-1-12 Part 5 (Implementation Plan Cleanup). Concurrence with the Executive Director’s determination that the request by Santa Cruz County to make various cleanup changes throughout the LCP’s Implementation Plan is minor. (JA-SC) [APPROVED]

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. A-3-MRB-11-001 (City of Morro Bay and Cayucos Community Services District) Application of the City of Morro Bay and Cayucos Community Services District to demolish Morro Bay wastewater treatment plant and to construct new wastewater treatment plant and related development on same site, at 160 Atascadero Road, Morro Bay, San Luis Obispo County. (SR-SC) [POSTPONED]

9:00 a.m.

FRIDAY, AUGUST 10, 2012

1. CALL TO ORDER.

2. ROLL CALL.

3. AGENDA CHANGES

4. GENERAL PUBLIC COMMENT. At some time prior to adjournment for the day, public comment will be heard for items not listed on today's agenda for no more than 30 minutes.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

[An addendum has been linked from the Deputy Director's report below on August 9.]

5. 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]

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

7. 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 7a below on August 8.]

a. Permit No. E-02-005 (Coast Seafoods Company, Eureka) Request by Coast Seafoods Co. to amend permit to install and operate an additional twenty clam cultivation rafts in Arcata Bay, Eureka, Humboldt County. (CT-SF) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Permit No. E-05-007 & CC-076-05 (Monterey Bay Aquarium Research Institute, Moss Landing) Request by Monterey Bay Aquarium Research Institute to amend Special Condition 7 to increase the interval between required surveys of their undersea communications cable to once every five years, Moss Landing, Monterey County. (KH-SF) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

8. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CC-009-12 (San Diego Association of Governments (SANDAG), San Diego) Consistency certification by SANDAG to construct 4.3-mile-long second mainline railroad track between control points San Onofre and Pulgas within Marine Corps Base Camp Pendleton in northern San Diego County (LJS-SF) [Moved to Consent Calendar, APPROVED]

b. CD-014-12 (U.S. Coast Guard, Humboldt Co.) Consistency determination by U.S. Coast Guard to construct a 510-ft. rock revetment adjacent to Building 8 at Coast Guard Station Humboldt Bay, Samoa, Humboldt County. (KH-SF) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

NORTH 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 Eureka office at (707) 445-7833.

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

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

a. Humboldt County LCP Amendment No. HUM-MAJ-1-08 (Samoa). Concurrence with the Executive Director's determination that the resolutions and ordinances adopted by Humboldt County accepting certification of HUM-MAJ-1-08 (Samoa) are legally adequate. (RSM-E)

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. 1-11-18 (O'Reilly, Humboldt Co.) Application of Mary O'Reilly to add to single family home by (1) constructing detached 750 sq.ft., 1-story, 2-car garage with storage and work areas with covered entry porch; (2) replace 20-in. diameter 35- ft. long culvert and concrete abutment installed without a permit with new 6’ x 18’ concrete bridge to access new garage; (3) remove two redwood trees; and (4) authorize after-the-fact reconfiguration and paving of driveway, reorient garage, construct new covered porch, install wooden footbridge across watercourse, and construct paved 300 sq.ft. dog kennel area, at 3110 Patricks Point Drive, north of Trinidad, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 1-12-7 (California Department of Fish & Game, Region 1, Del Norte Co.) Application of California Department of Fish & Game, Region 1 to remove invasive European beachgrass from 34 acres of foredunes on either side of Lake Tolowa lagoon mouth, using a combination of manual and mechanical removal techniques and restore natural ecological processes to benefit native dune plant and animal species, at Lake Earl Wildlife Area (outer beach at Lake Tolowa mouth), north of Crescent City, Del Norte County. (MF-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 1-09-13 (Decker, Humboldt Co.) Application of Paul & Kristen Decker to (1) demolish five historic visitor-serving lodging structures totaling 2,940 sq. ft. (including two 720-sq.-ft. 2-bedroom mobile homes and three 500-sq.-ft. one-bedroom cabins); (2) develop three new pre-fabricated visitor-serving lodging structures totaling 6,091 sq. ft., including a 2,450-sq.-ft. three-bedroom cabin, a 1,716-sq.-ft. one-bedroom cabin, and a 1,925-sq.-ft. two-bedroom cabin, primarily within the footprint of existing structures to be demolished; (3) develop a new pre-fabricated 420-sq.-ft. one-bedroom cabin to be used as a caretaker’s unit; (4) repair and maintain two existing one-bedroom visitor-serving cabins (520 sq. ft. and 725 sq. ft.) involving interior remodeling and exterior reroofing; (5) improve the existing septic system; and (6) authorize after-the-fact the removal of five mature trees and the placement of 700-square-foot canopy cover over a private recreational vehicle stationed on the property without the benefit of a CDP, at 3058 Patricks Point Drive, north of Trinidad, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

13. 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 13a below on August 9.]

a. Permit No. 1-07-13-A2 (California Department of Transportation (Caltrans), Humboldt Co.) Request by Caltrans to modify permit granted for replacement of Highway 101 Mad River Bridge to (1) leave the base of Pier 8 of the old bridge, with logs and root wads, maintain and enhance fish habitat; (2) leave bases of Piers 6 & 9 of old bridge cut below ground level; and (3) authorize mitigation plan for fish and channel impacts at Highway 101 crossing of Mad River, between Arcata and McKinleyville, Humboldt County. (JRB-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENFORCEMENT

14. ENFORCEMENT REPORT. Report by Chief of Enforcement on Statewide Enforcement Program.

14.3. Consent Cease and Desist Order No. CCC-12-CD-04 (Linder – Malibu, Los Angeles County) Public hearing and Commission action on proposed Consent Cease and Desist Order authorizing and ordering Eric and Barbara Linder to: (1) cease and desist from maintaining existing unpermitted development and/or engaging in any further unpermitted development, including, but not limited to: removal of major vegetation; development within a deed-restricted area inconsistent with Coastal Development Permit (CDP) 5-85-057; retaining/gabion walls; side-cast material; hardscaping, planters, and non-native plants within the deed-restricted 25-ft setback; wooden retaining structures; a path inconsistent with the Deed Restriction; stairs; irrigation; horse corral with altered, flattened areas; fences; drainage devices; and (2) to undertake measures necessary to comply with the Coastal Act. Eric and Barbara Linder shall remove unpermitted development and development inconsistent with CDP 5-85-057, among other things, on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Numbers (APN) 4473-020-018, 4473-020-017, and County-owned 4473-020-903. 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. (RTA-SF) [POSTPONED]

14.5. Consent Restoration Order No. CCC-12-RO-04 (Linder – Malibu, Los Angeles County) Public hearing and Commission action on proposed Consent Restoration Order authorizing and ordering Eric and Barbara Linder to: (1) remove unpermitted development including but not limited to: development within a deed-restricted area inconsistent Coastal Development Permit (CDP) 5-85-057; retaining/gabion walls; side-cast material; hardscaping, planters, and non-native plants within the deed-restricted 25-ft setback; wooden retaining structures; a path inconsistent with the Deed Restriction; stairs; irrigation; horse corral with altered, flattened areas; fences; drainage devices; and (2) to undertake measures for restoration of those areas affected by the unpermitted development on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Numbers (APN) 4473-020-018, 4473-020-017, and County-owned 4473-020-903. 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. (RTA-SF) [POSTPONED]

CENTRAL COAST DISTRICT

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

16. LONG-RANGE DEVELOPMENT PLAN.

a. University of California, Santa Cruz Notice of Impending Development No. 4. Notice of Impending Development to implement a parking management program in the lower terrace area at UCSC's Marine Science Campus at Terrace Point in the City of Santa Cruz, Santa Cruz County. (SC-SC) [WITHDRAWN]

b. University of California of Santa Cruz Notice of Impending Development No. 5. Notice of Impending Development to improve two and construct three new public coastal access overlooks at UCSC's Marine Science Campus at Terrace Point in the City of Santa Cruz, Santa Cruz County. (SC-SC) [APPROVED]

17. NEW APPEALS. See AGENDA CATEGORIES.

 [Additional correspondence received has been linked
from the staff report for item 17a below on August 9.]

a. Appeal No. A-3-SCO-12-006 (Next G, Santa Cruz Co.) Appeal by Commissioners Brennan and Stone, and by Joshua Hart, of Santa Cruz County decision granting permit with conditions to Next G Networks of California for installation of 6 new microcell facilities on existing utility poles (five along Highway 1 and one along Swanton Rd.) and 192 sq.ft. equipment shelter (adjacent to Swanton Rd.) along unincorporated northern Santa Cruz County coast area. (SC-SC) [NO SUBSTANTIAL ISSUE FOUND]

18. 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. 3-11-003 (California Department of Parks and Recreation and Aramark, Pacific Grove) Application of California Dept. of Parks and Recreation and Aramark (concessionaire) to construct ADA site accessibility upgrades at Asilomar State Beach and conference grounds, and to renovate Crocker Dining Facility, at 800 Asilomar Avenue, Pacific Grove, Monterey County. (JM-SF)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 3-11-034 (Novak, Santa Cruz Co.) Application of Richard Novak to modify foundation of existing concrete seawall by pumping about 3 cu.yds. of concrete into voids formed under seawall’s base on beach (Privates Beach) and base of bluffs fronting 4480 Opal Cliff Dr. in unincorporated Opal Cliffs area of Santa Cruz County. (JA-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

19. 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.

 [Additional correspondence received has been linked from the staff report for item 17a below on August 9.]

a. Permit Number 3-04-027-A3 (City of Pacific Grove Parking Program). Request by the City of Pacific Grove to amend permit to establish 2-hr. public parking and residential permit parking program, at Sloat Ave. and Ocean View Blvd. (between 1st St. and Dewey Ave.), Pacific Grove, Monterey County. (JM-SF) [APPROVED WITH CONDITIONS]