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December 2004 Agenda

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

This has been updated at 10:45 a.m. Friday,  February 27, 2015.

10:00 A.M.

WEDNESDAY, DECEMBER 8, 2004

1. CALL TO ORDER.

2. ROLL CALL.

3. ELECTION of CHAIR and VICE CHAIR, and SELECTION of REPRESENTATIVE to SANTA MONICA MOUNTAINS CONSERVANCY. [Meg Caldwell, Chair; Pat Kruer, Vice-Chair; Edward Laurence Albert, Representative to the Santa Monica Mountains Conservancy; Deborah Ruddock, Alternate Representative]

SAN DIEGO COAST DISTRICT

4. ADMINISTRATIVE PERMIT APPLICATION.  See AGENDA CATEGORIES.

a. Application No. 6-04-131 (Day, Solana Beach)  Application of Darren & Shannon Day for 539 sq.ft. apartment on site of single-family home, at 1510 Highland Drive, Solana Beach, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]

5. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 6-04-43 (San Diego Famosa Slough Repairs)  Application of City of San Diego to repair erosion damage and replant slope damaged by water line breaks alongside Famosa Slough, at Famosa Blvd. & Rialto Street, Peninsula, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-04-122 (Wunch, San Diego)  Application of Mark Wunch for 3,668 sq. ft. 2-story duplex and two attached 2-car garages on 4,806 sq. ft. lot on north side of Venus Street, one lot east of Camulos Street, Peninsula, San Diego, San Diego County. (LRO-SD)  [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT

6. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 5-04-301 (Penco Investments, Newport Beach)  Application of Penco Investments, L.L.C to remove and replace floating dock with new dock and 14’ x 10’ pier with 17ft approach, 3’ x 24’ gangway, 35’ x 6’ finger with 4’ x 4’ lobe, two 14 inch T piles & two 12 inch round steel piles coated with NSP 120, at 321 East Bay Front, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-04-345 (M.C.C., Redondo Beach)  Application of M.C.C. Redondo Beach II, L.L.C to replace 20-ft-high “Redondo Beach Marina” sign with 20-ft-high illuminated sign in same location, at 181 North Harbor Drive (at Portofino Way), Redondo Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-04-381 (Churm, Newport Beach)  Application of Peter Churm, Trustee to add 8’ x 20’ extension to existing dock (existing dock consists of 5’ x 30‘ gangway, an 7’ x 10’ backwalk, 7’ x 22’ dock, 3’ x 16’ ramp, and 7’ x 12’ pier) with no new piles, at 524 Via Lido Nord, Newport Beach, Orange County. (LO-SD) [APPROVED WITH CONDITIONS]

d. Application No. 5-04-385 (Caward, Newport Beach)  Application of Harold Caward to remove and replace existing dock system “like-for-like” consisting of two 4’ x 50’ fingers, 19’ backwalk and 3’ x 24’ gangway, and re-deck existing 10’ x 14’ pier with TREX composite materials, with no new piles, at 527 Via Lido Soud, Newport Beach, Orange County. (LO-SD) [APPROVED WITH CONDITIONS]

7. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-04-394 (Haimes, Los Angeles)  Application of Ted & Nicole Haimes to remodel and add to 2-story single-family home, resulting in 28½-ft-high 2,373 sq.ft. home with attached garage, on canal-front (Eastern Canal) lot, at 469 Sherman Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-04-395 (Coats, Los Angeles)  Application of Alan Coats, Trustee to remodel and construct 2-story addition to existing 1-story single-family home resulting in 30-ft-high 2,388 sq.ft. home with attached garage, on canal-front lot, at 432 Howland Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

9. CONSENT RESTORATION ORDER CCC-04-RO-6 and CEASE & DESIST ORDER No. CCC-04-CD-14 (SONGS, San Diego Co.)  Public hearing and Commission action on proposed Settlement Agreement, Consent Restoration and Cease & Desist Order directing Southern California Edison Company (SCE) to cease from conducting or maintaining further unpermitted removal of rare and endangered coastal brush scrub, and to restore and revegetate disturbed areas of Environmentally Sensitive Habitat next to SCE facility at South Bluff area of San Onofre Nuclear Generation Station (SONGS), and additional planting of appropriate native coastal sages scrub plant species at adjacent property owned by State Parks,  in northern San Diego County.  (SC-SF) [APPROVED]

9.5 CEASE & DESIST ORDER CCC-04-CD-11 and RESTORATION ORDER CCC-04-RO-4 (Knipe, Los Angeles Co.) Public hearing and Commission action on proposed Cease & Desist Order directing Victor & Susan Knipe to cease and desist from maintaining equestrian facilities and confining horses in said facilities without a permit at 25575 Piuma Road, Calabasas, and on adjacent property owned by Rossco Holdings, Inc. (formerly Quaker Corp.) that is subject to an offer-to-dedicate fee interest, and refrain from conducting future unpermitted development at the sites; and proposed Restoration Order requiring the Knipes to remove unpermitted development and restore the sites to their pre-violation condition pursuant to plan to be approved by the Executive Director. (CD-SF) [POSTPONED]

ENERGY, OCEAN RESOURCES and WATER QUALITY

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

a. Santa Barbara Co. Revised Post-LCP Certification Jurisdiction Maps.  Public hearing and action on revised maps that depict areas in Santa Barbara County that are subject to the Commission’s permit and appeal jurisdiction after transfer of permit authority pursuant to certification of the LCP. (JVC-SF) [APPROVED]

b. Santa Barbara Co. LCP Amendment SB-MAJ-2-04 (oil & gas).  Public hearing and action on request by County of Santa Barbara to amend its Land Use Plan & Implementation to require pipelines as primary mode of transport for oil extracted offshore and transported to onshore facilities in County, and timely removal of abandoned onshore oil & gas facilities. (RTB-SF) [POSTPONED]

11. COASTAL PERMIT APPLICATION.  See AGENDA CATEGORIES.

a. Appeal No. A-3-04-35 (PG&E, San Luis Obispo Co.)  Appeal by PG&E, Mothers For Peace, Sierra Club Santa Lucia Chapter and Commissioners Nava & Wan from decision of County of San Luis Obispo granting permit with conditions to Pacific Gas & Electric Company for Independent Spent Fuel Storage Installation (ISFSI) to store used nuclear fuel at Diablo Canyon Nuclear Power Plant, near Avila Beach, San Luis Obispo County. (TL-SF) [APPROVED WITH CONDITIONS]

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

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

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

a. Carlsbad LCP Amendment No. 2-04A (Agricultural Mitigation Fee).  Public hearing and action on request by City of Carlsbad to amend its certified local coastal program (land use & implementation) to replace State Coastal Conservancy with City of Carlsbad as administrator of agricultural mitigation fee program and to update list of allowable uses for the program. (WNP-SD) [POSTPONED]

b. San Diego LCP Amendment No. 1-04B Time Extension.  Public hearing and action to extend time limit for Commission action up to one year for City of San Diego LCP Amendment No. 1-04B to remove certain properties from Residential Tandem Parking Overlay zone and Transit Area Overlay zone. (LRO-SD) [Time Extension APPROVED]

15. NEW APPEAL.  See AGENDA CATEGORIES.

a. Appeal No. A-6-04-81 (Hendrick, Encinitas)  Appeal by Robert W. Marshall from decision of City of Encinitas granting permit with conditions to Mark & Sena Hendrick to demolish single-family home and construct 3,376 sq. ft. 2-story single-family home with 1,604 sq. ft. basement garage, on blufftop lot, at 736 Fourth Street, Encinitas, San Diego County. (GDC-SD) [NO SUBSTANTIAL ISSUE FOUND]

16. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 6-04-39 (Solana Beach parking lots)  Application of City of Solana Beach to redevelop beachfront park resulting in loss of 62 parking spaces and construct 124-space parking lot, at Fletcher Cove Beach and 140 South Sierra Avenue, Solana Beach, San Diego County. (GDC-SD) [POSTPONED]

b. Application No. 6-04-46 (Lynch, San Diego Co.)  Application of Michael & Gertrude Lynch to remove shed, plant native grasses in approved habitat buffers, and construct 981 sq. ft. garage, pool, 672 sq. ft. barn, corral fence and 2-story 3,027 sq. ft. addition to 2-story 3,192 sq. ft. single-family home, with 1,500 cu.yds. of grading, at 4142 Stonebridge Lane, Rancho Santa Fe, San Diego County. (WNP-SD) [POSTPONED]

c. Application No. 6-04-105 (UCSD, San Diego)  Application of University of California, San Diego to construct 4-story 80,000 sq. ft. building to include classrooms, seminar rooms, offices, conference rooms, student work & study areas, multipurpose room & dining areas and landscaping, at North Campus, north of Eleanor Roosevelt College and west of Ridge Walk, UCSD Campus, La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-04-114 (UCSD, San Diego)  Application of University of California, San Diego to expand student center to include new restaurant, lounge, meeting space and expand facilities for Women's Center, just south of The Mandeville Arts Center, Muir College, UCSD Campus, La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

e. Application No. 6-04-121 (Benedetto, San Diego)  Application of Larry Benedetto & Dana Schwartz to demolish single-family home and construct 1,575 sq. ft. 3-story single-family home & attached 2-car garage, at 3735 Strandway, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

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

a. Application No. 6-86-466-A3 (Lewis, San Diego Co.)  Request by Craig Lewis to amend permit for single-family home to construct smaller 5,226 sq.ft. single-family home on existing graded pad, at 3981 Stonebridge Court, Rancho Santa Fe, San Diego County. (BP-SD) [APPROVED WITH CONDITIONS]

b.  Permit No. A-6-99-133-A (Ligouri, Oceanside)  Request by Thomas Ligouri to amend permit for single-family home to add fences and walls, at 1731 South Pacific Street, Oceanside, San Diego County. (WNP-SD) [POSTPONED]

c. Permit No. 6-03-127-A2 (SD Co. Water, Encinitas)  Request by San Diego County Water Authority to amend permit for wetland enhancement to extend grading period up to February 14 and incorporate additional stormwater control and erosion prevention measures, at south of Manchester Avenue and El Camino Real, Encinitas, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

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

a. Huntington Beach LCP Amendment No. HNB-MAJ-1-03 Certification Review.  Concurrence with Executive Director’s determination that action by City of Huntington Beach, accepting certification of Amendment No. 1-03 with modifications, is legally adequate. (MV-LB) [APPROVED]

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

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

a. Manhattan Beach LCP Amendment No. MNB-MAJ-2-04 Time Extension.  Public hearing and action to extend time limit for Commission action up to one year for certification of City of Manhattan Beach LCP Amendment No. 2-04 to allow sporting events charging paid admission for no more than 25 % of seats in OS (Open Space) land use district (i.e., the beach). (CP-LB) [APPROVED]

b. Long Beach LCP Amendment No. LOB-MAJ-2-04 (Dry Boat Storage & Self Storage) Time Extension. Public hearing and action to extend time limit for Commission action up to one year for certification of City of Long Beach LCP Amendment No. 2-04 to amend certified City of Long Beach LCP that regulates recreational vehicle storage, dry boat storage and other self-storage facilities. (CP-LB) [APPROVED]

21. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 5-02-142 (San Clemente, beach replenishment)  Application of City of San Clemente for five-year opportunistic beach replenishment project involving 300,000 cu.yds. of beach quality material per year, on four beaches, delivered by truck or rail and placed by conventional earth moving equipment (e.g. bulldozer), and pre- and post-monitoring of biological, physical, and recreational impacts, at North Beach, Linda Lane, T-Street North & T-Street South, San Clemente, Orange County. (DL-SD) [APPROVED WITH CONDITIONS]

b Application No. 5-03-100 (Halfacre, Newport Beach)  Application of Marion & Lulu Halfacre to convert basement of single-family home to living area, construct deck, sundeck on bluff face and stairway down to toe of bluff, and remove and replace existing side yard & rear yard fences, at 3425 Ocean Blvd., Corona Del Mar, Newport Beach, Orange County (FSY-LB) [TO CONTINUE]

c. Application No. 5-03-417 (Talbott, Newport Beach)  Application of Michael & Cynthia Talbott for 5,073 sq.ft. 1-story single-family home on existing building foundation and site with existing 718 sq.ft. garage, on blufftop lot, next to Upper Newport Bay Ecological Reserve, at 1900 Galaxy Drive, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-04-35 (Hoff, Newport Beach)  Application of Robert & Ann Hoff to substantially demolish, re-construct and add 855 sq.ft. to 1-story 4,242 sq.ft. home, demolish attached 691 sq.ft. garage, construct 799 sq.ft. garage, substantially re-construct staircase from home to beach, and remove and replace pool & spa, with no grading, on coastal bluff top lot, at 4521 Brighton Road, Corona Del Mar, Newport Beach, Orange County. (FSY-LB) [POSTPONED]

e. Application No. 5-04-286 (Los Angeles Co. storm drains, Los Angeles)  Application of Los Angeles County Dept. Of Public Works Programs Development Div. to repair three reinforced concrete box drains and outlets, and install protection barrier & 200-ft-long protection skirt along sides of one drain, at Culver Blvd. & Vista Del Mar, Imperial Highway & Vista Del Mar, Sandpiper Street & Vista Del Mar, Los Angeles, Los Angeles County. (AJP-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-04-320 (Sewell & LaValle, Huntington Beach)  Application of Joel Sewell & Neilia LaValle to move bulkhead 28 feet channel-ward, backfill 265 cu.yds. between existing bulkhead & new bulkhead to create additional rear yard, and construct 44-ft-long concrete deck cantilevered 5’ over new bulkhead, at 16141 Santa Barbara Lane, Huntington Beach, Orange County. (MV-LB) [WITHDRAWN]

g. Application No. 5-04-362 (Mariners Bay & Los Angeles Co.)  Application of Mariners Bay Company and Los Angeles County Department of Beaches & Harbors to replace boat dock fingers (perpendicular dock extensions from walkway) within 407-slip anchorage, with no change to number, size, or configuration of existing boat slips, at 14000 Palawan Way, Marina Del Rey, Los Angeles County. (AJP-LB) [APPROVED WITH CONDITIONS]

h. Application No. 5-04-375 (Western Urban Ventures, Santa Monica)  Application of Western Urban Ventures, L L C for mixed-used project (250 sq.ft. of retail space on ground floor along Main Street, 7 apartments above and 16 space garage on ground floor behind retail space, using mechanical parking lift system for 8 of the spaces), at 2216 Main Street, Santa Monica, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

i. Application No. 5-03-529 (Yuji Enterprise, San Clemente) Application of Yuji Enterprise Inc. to add 49 outdoor seats at existing restaurant without any additional parking spaces, at 1814 North El Camino Real, San Clemente, Orange County. (DL-SD) [POSTPONED]

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:

Blanton et al. v. State of California, CCC (Govt. Code §11126(e)(2)(A))
Sierra Club v. CCC (Luers, RPI) (Govt. Code §11126(e)(2)(A))
CCC v. Pacific Alliance Holdings, Inc. et al. (Govt. Code §11126(e)(2)(A))
McNamee v. CCC et al. (Govt. Code §11126(e)(2)(A))
Western States Petroleum Assn. v. CCC et al. (Govt. Code §11126(e)(2)(A))
Western States Petroleum Assn. v. U.S. Environmental Protection Agency (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).

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

23. FEDERAL CONSISTENCY.  See AGENDA CATEGORIES.

a. CC-48-04 (North County Transit District, Del Mar)  Consistency Certification by North County Transit District for Del Mar Bluffs Stabilization Project, between 15th Street & south end of Del Mar, San Diego County. (MPD-SF) [POSTPONED]

24. APPROVAL OF MINUTES.

25. COMMISSIONERS' REPORTS.

26. CONSERVANCY REPORT.

27. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

28. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Nonpoint Source Program Contract. Authorization for Executive Director to enter into agreement with State Water Resources Control Board for Commission to continue implementation of the Plan for California’s Nonpoint Source Pollution Control Program. (ALW-SF) [APPROVED]

b. Joint management plan review of Cordell Bank, Gulf of the Farallones, and Monterey Bay National Marine Sanctuaries. Briefing by Gulf of the Farallones National Marine Sanctuary staff on National Marine Sanctuary Program’s management plan review process and proposed changes to Sanctuaries’ Designation Documents. (RCE-SF)

9:00 a.m.

THURSDAY, DECEMBER 9, 2004

1. CALL TO ORDER.

2. ROLL CALL.

NORTH CENTRAL COAST DISTRICT

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

a. Marin Co. LCP Amendment No. MAR-MIN-1-04 (Minor). Concurrence with Executive Director's determination that request by Marin County (to modify Land Use Plan to reduce the affordability requirements for the Point Reyes Affordable Homes development at 857 Mesa Road, Point Reyes Station, Marin County, from 94% affordable to 75% affordable) is minor. (CLK-SF) [APPROVED]

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

5. LOCAL COASTAL PROGRAM (LCP).  See AGENDA CATEGORIES.

a. Half Moon Bay Draft Post-LCP Jurisdiction Map. [Document is 7.02 MB.] Public hearing and action on draft map that depicts areas within the City of Half Moon Bay that are subject to the Commission’s permit and appeal jurisdiction after transfer of permit authority pursuant to certification of the LCP. (JVC-SF) [APPROVED]

6. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 2-02-8 (Stinson Beach Co. Water, Marin Co.)  Application of Stinson Beach County Water District to replace 800 feet of water pipeline, and abandon in place old pipeline seaward of Highway 1, Bolinas Lagoon, Marin County. (ALW-SF) [APPROVED WITH CONDITIONS]

b. Application No.  2-02-28 (Ocean Colony Partners, Half Moon Bay).  Application of Ocean Colony Partners for riprap armoring on beach & bluff face at Half Moon Bay Golf Links, 2 Miramontes Point Road, Half Moon Bay, San Mateo County. (ALW-SF) [POSTPONED]

SOUTH 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 Ventura office at (805) 585-1800.

a. Carpinteria LCP Amendment No. CPN-MAJ-1-02A (Residential Overlay in Industrial Districts) Certification Review.  Concurrence with Executive Director’s determination that action by City of Carpinteria, accepting certification of Amendment No. 1-02A with modifications, is legally adequate. (LF-V) [APPROVED]

b. Santa Barbara Co. LCP Amendment No. 1-04 (Toro Canyon Plan) Certification Review.  Concurrence with Executive Director’s determination that action by the County of Santa Barbara, accepting certification of Amendment No. 1-04 with modifications, is legally adequate (SLG-V). [APPROVED]

c. Oxnard LCP Amendment 2-04 (Wireless Communications Ordinance) Certification Review. Concurrence with Executive Director’s determination that action by City of Oxnard, accepting certification of Amendment No. 2-04 with modifications, is legally adequate. [APPROVED]

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

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

a. Application No. 4-04-45 (O’Dwyer, Los Angeles Co.)  Application of Patrick & Cheryl O’Dwyer for 1,782 sq.ft. home, 400 sq.ft. detached garage, pool & spa, retaining walls, driveway, septic system, and 1,583 cu.yds. of grading, at 419 Latigo Canyon Road & Kanan Dume Road, near Malibu, Los Angeles County.  (JCJ-V) [TO CONTINUE]

b. Application No. 4-04-88 (Santa Barbara, Arroyo Burro estuary)  Application of City of Santa Barbara to restore and expand Arroyo Burro estuary, excavate estuary banks, remove headwall & splash pad at storm drain outlet, construct creek mouth & fish passage improvements, remove non-native and native plants, and plant native wetland vegetation, with 2,425 cu.yds. of grading, at Cliff Drive & Las Positas Road, Santa Barbara, Santa Barbara County. (LKF-V) [APPROVED WITH CONDITIONS]

c. Application No. 4-03-65 (Las Virgenes Water District, Los Angeles Co.) Application of Las Virgenes Municipal Water District to extend recycled water service for irrigation of existing golf course, create water tank lot, construct 60-ft-diameter 400,000-gallon water tank, extend pipe from tank site along Mulholland Highway and along existing road within golf course, and revegetate disturbed areas, with 14,400 cu.yds of grading, at Mulholland Highway & Westlake Boulevard, Santa Monica Mountains, Los Angeles County. (BJC-V) [APPROVED WITH CONDITIONS]

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

a. Permit No. 4-99-16-A2 (Persson, Los Angeles Co.)  Request by Bob & Kelly Persson for 234 sq.ft. pool cabana, water slide, spa, patios, fences, and pool equipment pad, at 801 Crater Camp Drive, Calabasas, Los Angeles County. (LF-V) [APPROVED WITH CONDITIONS]

b. Permit No. 4-00-143-A2 (Weeger, Los Angeles Co.)  Request by Pete Weeger for 740 sq.ft. barn, corral, and revised condition on Water Use Restrictions to delete prohibition of future equestrian stables, corrals or barns, to minimize use of on-site water well, at 2656 Fabuco Road, Topanga, Los Angeles County.  (JCJ-V) [APPROVED WITH CONDITIONS]

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

12. LOCAL COASTAL PROGRAM (LCP).  See AGENDA CATEGORIES.

a. Capitola LCP Amendment No. CAP-MAJ-2-04-PART A (Tree Ordinance & Second Units).  Public hearing and action on request by City Of Capitola to replace sections of Zoning Ordinance with Community Tree & Forest Ordinance, add section regarding secondary dwelling units, and amend section to include secondary dwelling units as a principal permitted use. (SC-SC) [APPROVED WITH MODIFICATIONS]

13. NEW APPEAL.  See AGENDA CATEGORIES.

a. Appeal No. A-3-03-117 (Brown & Townsend, San Luis Obispo Co.)  Appeal by Commissioners Wan & Woolley from decision of County of San Luis Obispo granting permit with conditions to Brown Family Trust & James & Johanna Townsend to re-divide two lots (117.56 & 80 acres) into three lots (97.34, 45.22 & 55 acres), and convert 1200 sq.ft. home to storage, at 6975 Jordan Road, Cambria, San Luis Obispo County. (JB-SC) [POSTPONED]

14. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. Appeal No. A-3-04-12 (Laube & Engel, Monterey Co.) [Corrected staff report posted on 11/22]  Appeal by Dr & Mrs Hugh McAllister and Commissioners Burke & Wan from decision of County of Monterey granting permit with conditions to Sheldon Laube & Nancy Engel to consolidate two lots, and construct 8,270 sq.ft. single-family home & 1,824 sq.ft. subterranean garage, involving development within 100 feet of environmentally sensitive habitat, and 2,486 cu.yds. of grading, slopes over 30 percent, at 36240 Highway 1 (Kasler Point), Big Sur, Monterey County. (CKC-SC) [Permit APPROVED WITH CONDITIONS]

b. Application No. 3-04-13 (Anderson, Morro Bay)  Application of Anderson Family to demolish restaurant & store, and construct multi-use building including 8-unit inn & 3 retail spaces, at 899 Embarcadero, Morro Bay, San Luis Obispo County. (MW-SC) [APPROVED WITH CONDITIONS]

c. Appeal No. A-3-04-54 (Sunridge Views, Monterey Co.)   Appeal by Friends, Artists and Neighbors of Elkhorn Slough, LandWatch Monterey County and Commissioners Reilly & Wan from decision of County of Monterey granting permit with conditions to Sunridge Views to divide 25 acres into 10 lots (1 to 7.8 acres), demolish mobile home, barn & greenhouse, convert mobile home to senior citizens apartment, develop mutual water system, construct two water tanks, and grade 2,000 cu.yds. of material, at 250 Maher Road, North Monterey County, Monterey County. (CKC-SC) [Permit DENIED]

15. FINDINGS.  See AGENDA CATEGORIES.

a. Application No. 3-02-24 (Ocean Harbor House Homeowners, Monterey) [Correct version of staff report posted 11/30/2004] Ocean Harbor House Homeowners Association granted permit with conditions for reinforced concrete seawall with engineered wave return along entire seaward frontage of Ocean Harbor House condominium complex, at 125 Surf Way, Monterey, Monterey County. (SC-SC) [TO CONTINUE]

b. Application No. A-3-01-99 (Santa Cruz Dept. of Public Works) City of Santa Cruz Department of Public Works denied permit to widen West Cliff Drive multiuse path from 8-12 feet to 14 feet between Bay Street & Swanton Blvd., Santa Cruz, Santa Cruz County. (SC-SC) [PREVIOUSLY ACTED UPON]

4 p.m.

Join us Thursday, December 9 at 4pm for a screening and discussion of KQED's Coastal Clash, a new documentary taking an in-depth look at the many sides of the struggle between public vs. private interests along California's shores.  Following the screening, Elizabeth Pepin and Christa Resing, Co-Producers of Coastal Clash will be available to answer questions from the audience.  Coastal Clash aired November 12 at 9:00pm on KQED Public Television 9. For more information on coastal issues, educational materials and repeat air dates, please visit www.kqed.org\coastalclash. Coastal Clash is a production of KQED Public Television in San Francisco.

9:00 a.m.

FRIDAY, DECEMBER 10, 2004

1. CALL TO ORDER.

2. ROLL CALL.

ENERGY, OCEAN RESOURCES and WATER QUALITY

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

a. Status Report on Proposed LNG Terminals.  Staff update on status of proposed California-based Liquefied Natural Gas (LNG) Import Terminals and general information from the Resources Agency and California Energy Commission on LNG and natural gas supply & demand. (AJD-SF) [POSTPONED]

NORTH 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 Eureka office at (707) 445-7833.

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

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

a. Eureka LCP Amendment No. EUR-MAJ-1-00 (Large Commercial Uses).  Public hearing and action on request by City of Eureka to amend Zoning Ordinance to move retail and wholesale commercial uses of 40,000 sq.ft. or greater from principally permitted uses to conditionally permitted uses in MG and ML industrial zoning districts, and require additional hearings, including one public hearing before Planning Commission and two public hearings before City Council, for conditional use permit for any retail or wholesale commercial use of 40,000 sq.ft. or greater. (RSM-E) [APPROVED WITH MODIFICATIONS]

b. Humboldt Co. LCP Amendment No. HUM-MAJ-1-03.  Public hearing and action on request by County Of Humboldt to amend Land Use Plan and zoning Ordinance to allow public access trails within stream channels and riparian corridors. (JB-E) [APPROVED]

7. NEW APPEAL.  See AGENDA CATEGORIES.

a. Appeal No. A-1-04-54 (Reed, Del Norte Co.)  Appeal by Friends of Del Norte from decision of County of Del Norte granting permit with conditions to Richard Reed for recreational vehicle park, at North side of Buzzini Road off of Lake Earl Drive, Del Norte County. (JB-E) [NO SUBSTANTIAL ISSUE FOUND]

8. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. Appeal No. A-1-04-23 (Pauli, Mendocino Co.)  Appeal by Joan Curry from decision of County of Mendocino granting permit with conditions to Bill & Janet Pauli for 3,424 sq.ft. 1-story single-family home, 816 sq.ft. garage, 800 sq.ft. wood deck, driveway, septic tank, leachfield, 240 sq.ft. pump & tank house, 2,500-gal. redwood water tank, propane tank and entry gate, at 45100 Chapman Road, just south of Mendocino, Mendocino County. (RPS-E) [APPROVED WITH CONDITIONS]

b. Application No. 1-04-71 (Parks & Rec., Humboldt Co.)  Application of California Department of Parks & Recreation to experimentally treat European beachgrass infested dunes to determine removal technique, using eight 1.48-acre treatment areas, at Little River State Beach off Clam Beach County Frontage Road, McKinleyville, Humboldt County. (RSM-E) [APPROVED WITH CONDITIONS]


Future Meetings: The next meetings of the Coastal Commission will be January 12-14 in Los Angeles, and February 16-18 in Monterey.