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May 2004 Agenda

Marin County Bd. Of Supervisors Chambers
Administrative Bldg., Room 322
Marin County Civic Center
San Rafael, CA 94903
(415) 499-7308

This has been updated at 1:35 p.m., Thursday, March 5, 2015.
 

10:00 A.M.

WEDNESDAY, MAY 12, 2004

1. CALL TO ORDER.

2. ROLL CALL.

STATEWIDE

3. PROTECTING SCENIC RESOURCES. Commission workshop and discussion regarding the protection of scenic values from the perspective of recreational users of coastal waters. (PMD-SF)

4. 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)

5. FEDERAL CONSISTENCY. See AGENDA HEADINGS.

a. CD-10-04 (FAA, Santa Barbara) Consistency determination by the Federal Aviation Administration (FAA) for new airport surveillance radar tower at Santa Barbara Airport, Santa Barbara County. (LJS-SF) [APPROVED]

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

Capuano, et al. v. CCC, et al. (Govt. Code § 11126(e)(2)(A))
Blanton, et al. v. State of California, CCC and consolidated cases (Govt. Code § 11126(e)(2)(A))
Sound Energy Solutions, FERC Docket No. CP04-58-000 (Govt. Code § 11126(e)(2)(A))
CCC v. Allen (Govt. Code § 11126(e)(2)(A))
Kennerly v. CCC (Govt. Code § 11126(e)(2)(A))
Higgins v. CCC (Govt. Code § 11126(e)(2)(A))
Butterfield v. CCC, et al. (Govt. Code § 11126(e)(2)(A))
Irwin Russell, Trustee of Rust Trust v. CCC (Govt. Code § 11126(e)(2)(A))
City of Goleta, et al. v. CCC, et al. (Govt. Code § 11126(e)(2)(A))
Kiko v. CCC (Govt. Code § 11126(e)(2)(A))

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

NORTH CENTRAL COAST DISTRICT

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

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

8. LOCAL COASTAL PROGRAM (LCP). See AGENDA HEADINGS.

a. San Mateo Co. LCP Amendment No. 2-02 (Moss Beach Highlands) Public hearing and action on request by San Mateo County to amend its Land Use Plan and zoning to modify affordability requirements for designated affordable housing sites, to rezone South Moss Beach Highlands site from affordable housing to Planned Unit Development, and adopt precise development plan for 73-unit senior affordable housing project, manager’s apartment, recreation building, 55 market-rate single-family homes, children's play area, and infrastructure improvements, at 1181 Etheldore Street, Moss Beach, San Mateo County. (SLB-SF) [WITHDRAWN]

9. NEW APPEALS. See AGENDA HEADINGS.

a. Appeal No. A-2-00-31 (Moss Beach Highlands, San Mateo Co.) Appeal by Commissioners Desser & Daniels, Gary Kind, Chuck Kozak, Rocco Mancinelli, Paul Perkovic, Lynn Rothschild and Kathryn Slater-Carter from decision of San Mateo County granting permit with conditions to Corado Inc. to divide 12.5 acres into 59 lots, construct 73-unit senior affordable housing project, manager’s apartment, recreation building, 55 market-rate single-family homes, children's play area, and infrastructure improvements, at 1181 Etheldore Street, Moss Beach, San Mateo County. (SLB-SF) [POSTPONED]

b. Appeal No. A-2-04-5 (Pescadero Conservation Alliance, San Mateo Co.) Appeal by Center for Biological Diversity, Coastside Habitat Coalition, Committee for Green Foothills, and Jim Rourke from decision of San Mateo County granting permit to Pescadero Conservation Alliance for year-round field research station for youth and adult environmental training and education programs at existing Gazos Mountain Camp, and installation of well on 12-acre lot owned by California Department of Parks & Recreation, at 5601 Gazos Creek Road, in Pescadero, San Mateo County. (AGD-SF) [POSTPONED]

10. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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-1-99-51 (Wavecrest Village, Cabrillo School Dist. and Boys & Girls Club, Half Moon Bay) Appeal by Leonard Beuth et al., Helen Carey, Wayward Lot Investment Co. and San Mateo Land Exchange, and Commissioners Wan & Dettloff from decision of City of Half Moon Bay granting permit with conditions to Wavecrest Village L.L.C., Cabrillo Unified School District, and Boys & Girls Club of Coastside to divide 206.7 acres, construct 164 market-rate single-family homes, 40 affordable housing units, middle school, Boys & Girls Club and outdoor recreational facilities, 123,000 sq.ft. of commercial space and associated parking, open space, detention basin, trails, onsite infrastructure, streets, landscaping, and offsite improvements on Highway 1 and South Main Street, one mile south of downtown Half Moon Bay, bounded by Seymour Street right-of-way, Marinero Avenue right-of-way, Highway 1, and Pacific Ocean, Half Moon Bay, San Mateo County. (SC-SC) [POSTPONED]

b. Application No. 2-04-1 (Olympic Club, San Francisco) Application of The Olympic Club for 500 cu.yds. of grading to shift west edge of putting surface for 4th hole 20-30 feet away from bluff edge and adjust putting surface, replacement of turf between previous & proposed western edge of green with native vegetation, and installation of erosion control measures, at the Olympic Club Cliffs Course, San Francisco. (AGD-SF) [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.

a. Santa Cruz LCP Amendment No. 2-03 (San Lorenzo River Plan, ADU's, Historic Permits, Downtown Recovery Plan) Certification Review. Concurrence with Executive Director's determination that action by City of Santa Cruz, accepting certification of amendment No. 2-03 with modifications, is legally adequate. (SC-SC) [APPROVED]

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

13. LOCAL COASTAL PROGRAM (LCP). See AGENDA HEADINGS.

a. Pismo Beach LCP Amendment No. PSB-MAJ-1-04 Part 1 (secondary dwelling units). Public hearing and action on request by City of Pismo Beach to modify its certified LCP to facilitate secondary dwelling units (AB1866). (MW-SC) [APPROVED WITH MODIFICATIONS]

14. NEW APPEAL. See AGENDA HEADINGS.

a. Appeal No. A-3-03-121 (Kleissner, Monterey Co.) Appeal by Dr & Mrs Robert Schapira from decision of County of Monterey granting permit with conditions to Karl & Lisa Kleissner for detached 1,380 sq.ft. garage with 420 sq.ft. guesthouse and grapestake fencing along south property line, development in critical viewshed, and development on lot with positive archaeological report, at 35678 Highway 1 (southwest of Garrapata Creek Bridge), Big Sur, Monterey County. (CKC-SC) [NO SUBSTANTIAL ISSUE FOUND]

15. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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-3-00-156 (Crowther, San Luis Obispo Co.) Appeal by Commissioners Wan & Potter from decision of County of San Luis Obispo granting permit with conditions to Dave & Jan Crowther to convert single-family home into 5-unit bed & breakfast inn, at 8525 Van Gordon Creek Road, Cambria, San Luis Obispo County. (JB-SC) [APPROVED WITH CONDITIONS]

b. Application No. 3-01-16 (Moss Landing Harbor District, Monterey Co.) Application of Moss Landing Harbor District to redevelop North Harbor area, demolish Maloney's Harbor Inn restaurant & other abandoned waterfront structures, move building pads landward for future rebuilding, and install shoreline protection measures, boat ramp, public car & boat trailer parking, public wharf, transient boat docks (with necessary dredging), tidal steps, shoreline access trail and bike trail, across North Harbor area, at Highway 1 (near Jetty Road), Moss Landing, Monterey County. (CKC-SC) [POSTPONED]

c. Appeal No. A-3-03-91 (Ewing & Steinmann, Morro Bay) Appeal by Joe & Charlotte Wallick from decision of City of Morro Bay granting permit with conditions to Ed Ewing & Joe Steinmann for 24-space Recreational Vehicle (RV) Park, at 221 Atascadero Road, Morro Bay, San Luis Obispo County. (MW-SC) [APPROVED WITH CONDITIONS]

d. Application No. 3-03-108 (Davis, San Luis Obispo Co.) Application of Ursula Davis for engineered riprap revetment constructed in September 1998 under emergency permit, at 1998 Pacific Avenue, Cayucos, San Luis Obispo County. (JB-SC) [APPROVED WITH CONDITIONS]

16. VESTED RIGHTS Application No. 3-04-20-VRC (Black, Santa Cruz) Public hearing and action on claim of vested right by Alistair Black for concrete seawall at base of coastal bluff, at 4440 Opal Cliff Drive, Santa Cruz, Santa Cruz County. (JB-SF) [DENIED]

STATEWIDE

17. APPROVAL OF MINUTES. [APPROVED]

18. COMMISSIONERS' REPORTS.

19. CONSERVANCY REPORT.

20. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

21. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Revised Public Education Program JEPA. Commission authorization to enter into Joint Exercise of Powers Authority (JEPA) with California Department of Boating & Waterways and Contra Costa County for Boating Clean and Green Campaign, Phase 5. This item presents revisions to the proposed roles and responsibilities for clean boating partnership between the three agencies, authorized in January 2004. (CP-SF) [APPROVED]

b. Caltrans, DPR, and CCC Martini Creek Alignment Disposition MOU. Commission authorization for the Executive Director to sign MOU with California Departments of Transportation (Caltrans) and Parks & Recreation (DPR) for process to guide transfer of lands previously considered for a bypass to Devil’s Slide through Montara State Beach from Caltrans to DPR, San Mateo County. (TG-SC & CK-SF) [POSTPONED]

c. Legislation. The Commission may consider taking positions on the following bills: AB 1876, AB 2093, AB 2434, AB 2672, AB 3039, SB 1319, and SB 1459. (SC-Sac)

d. FY 04-05 Budget. Commission discussion and possible action on recommendations to the legislature regarding pending FY 04-05 budget. (SMH & PMD-SF)

9:00 a.m.

THURSDAY, MAY 13, 2004

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH CENTRAL COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATION. See AGENDA HEADINGS.

a. Application No. 4-04-24 (Meeder, Ventura) Application of Theodore Meeder to demolish 697 sq.ft. wood & concrete deck and 64 sq.ft. step and landing, construct 723 sq.ft. concrete deck, and replace aluminum dock ramp, with no grading, at 2916 Sailor Avenue, Ventura, Ventura County. (LKF-V) [APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and WATER QUALITY

4. 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. Joint Coastal Commission & State Water Resources Control Board Status Report on California NPS Program. Report on implementation of Plan for California's Nonpoint Source Pollution Control Program, including critical coastal area program, interagency coordination, local government outreach, public outreach and continuing coordination between staffs of Coastal Commission, State Board, and coastal Regional Water Quality Control Boards.

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

6. COASTAL PERMIT APPLICATION. See AGENDA HEADINGS. 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 HEADINGS) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.

a. Application No. E-04-8 (Long Beach, Orange Co.) Application of City of Long Beach to relocate 4,700 linear feet (0.9 miles) of 12" natural gas pipeline (Line 1228) to existing utility pipeline corridor within Road 70 and Rattlesnake Road, just outside boundary of Phase 1 Bolsa Chica Restoration Project area, Orange County. (RB-SF) [APPROVED WITH CONDITIONS]

NORTH 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 Eureka office at (707) 445-7833.

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

9. NEW APPEALS. See AGENDA HEADINGS.

a. Appeal No. A-1-03-3 (Cody, Mendocino Co.) Determination of appealability and appeal by Commissioners Reilly & Woolley from decision of County of Mendocino granting permit with conditions to Arthur B. & Linda J. Cody to divide 103 acres into two lots (43-acre lot in City of Point Arena and 60-acre lot in County of Mendocino), at north side of Riverside Drive-Eureka Hill Road (CR #505), just east of Windy Hollow Road (CR #508), Point Arena, Mendocino County. (RPS-E) [Permit DENIED]

b. Appeal No. A-1-03-69 (Hunt, Mendocino Co.) Appeal by Friends of Ten Mile from decision of County of Mendocino granting permit with conditions to Robert A. Hunt for 18-ft-high 3,855 sq.ft. single-family home, 3,245 sq.ft. garage, 2,500 sq.ft. patio, driveway, gate, well, propane & oil tanks, septic system and connection to utilities, at 28300 North Highway One, Inglenook, Mendocino County. (RPS-E) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

c. 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 town of Mendocino, Mendocino County. (RPS-E) [POSTPONED]

10. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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. 1-04-1 (Del Norte Co., boat ramp) Application of County of Del Norte to replace boat ramp, excavate 500-750 cu.yds. of river bank, install pre-fabricated and cast-in-place concrete ramp panels, and place 2,300 to 2,500 cu.yds. of rock slope protection on .25-acre area at ramp's base, at Klamath Townsite Boat Launch on lower Klamath River, 1/4 mile northwest of town of Klamath, Del Norte County. (JB-E) [APPROVED WITH CONDITIONS]

b. Application No. 1-03-39 (Wetherell & Westbrook, Del Norte Co.) Application of Harry Wetherell and Clarence Westbrook to excavate 40,000 cu.yds. of sand and gravel from alongside upper Woodruff Gravel Bar in Smith River to restore historic deep water pool for benefit of salmonids, place 5,000-10,000 cu.yds. of excavated gravel to fill in Woodruff Bar, and sell remainder of removed aggregate, at 1.5 miles downstream from Dr. Fine/Highway 101 Bridge, Smith River, Del Norte County. (JB-E) [APPROVED WITH CONDITIONS]

c. Application No. 1-97-78 (Caltrans - District 3, Mendocino Co.) Application of Caltrans - District 3 to place 9,000 cu.yds. of 8-ton rock slope protection over 1.5 acres along base of coastal bluff as part of repair of section of Highway One, 20 miles north of Fort Bragg, Highway One, Mendocino County. (RSM-E) [APPROVED WITH CONDITIONS]

d. Application No. 1-02-151 (Fredrickson, Humboldt Co.) Application of Edwin P. Fredrickson to perform 395 cu.yds of grading and construct 2,783 sq.ft. home, attached 262 sq.ft. shop and 624 sq.ft. garage, at 222 Fredrickson Lane, south of Eureka, Humboldt County. (RSM-E) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

12. COMMISSION CEASE & DESIST ORDER No. CCC-04-CD-2 (McNamee, Newport Beach) Public hearing and Commission action on proposed Cease & Desist Order to address unpermitted grading and landform alteration of coastal bluff & beach, and unpermitted installation of shed, barbeque area, storage cabinets, kitchen and bathroom, two concrete picnic tables & benches and shade canopy with 4 posts; directed to George M. McNamee, as owner of property at 3329 Ocean Blvd., Corona Del Mar, Newport Beach, Orange County. (SMR-SF) [APPROVED]

13. COMMISSION CEASE & DESIST ORDER No. CCC-04-CD-4 (Faria Beach Homeowners, Ventura Co.) Public hearing and Commission action on proposed Cease & Desist Order directing the Faria Beach Homeowners Association, as owners of property on 500 linear foot strip of undeveloped coastline between Old Rincon Highway 1 (PCH) and the beach (Mondo’s Cove), south of Pitas Point and North of Solimar Beach, in the Faria Beach Community, Ventura County (APN 060-0-380-245), to cease and desist from performing or maintaining any development, including unpermitted placement of “private property” and security signs, fencing, boulders ranging between one to five feet in diameter, mulch, topsoil, landscaping, and plastic drainage pipes along road shoulder next to PCH and on top of existing revetment above beach; and to set a deadline for removal of unpermitted development. (AM-SF) [APPROVED]

14. COMMISSION CEASE & DESIST ORDER No. CCC-04-CD-6 (Roy, Santa Cruz Co.) Public hearing and Commission action on proposed Cease & Desist Order directing Patricia Roy, as owner of property at 200 Geoffroy Drive, Live Oak, Santa Cruz County, to cease and desist from performing or maintaining any development, including shoreline protective devices and fill on adjacent rock shelf above the ocean, that is subject to the permit requirements of the Coastal Act without coastal permit, and to set a deadline for submittal of a plan to remove the unpermitted development. (DS-SF) [APPROVED]

15. COMMISSION CONSENT CEASE & DESIST ORDER No. CCC-04-CD-7 (Reilley, Santa Cruz Co.) Public hearing and Commission action on proposed Consent Cease & Desist Order reached with Timothy J. Reilley & Diana L. Reilley, Managers of Reilley Beach LLC, and owners of APN 028-212-13, to take steps to ensure compliance with the coastal act and the terms of pervious emergency permit, by providing Patricia Roy access to rock shelf part of APN 028-212-13 seaward of 200 Geoffroy Drive, Live Oak, Santa Cruz County, to address unpermitted development on the site. (DS-SF) [APPROVED]

SOUTH CENTRAL COAST DISTRICT

16. 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.

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

18. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA HEADINGS.

a. Carpinteria LCP Amendment No. 1-02B (Creeks Preservation). Public hearing and action on request by City of Carpinteria to amend its LCP to include creeks preservation program. (LKF-V) [POSTPONED]

b. Santa Barbara Co. LCP Amendment No. MAJ-1-03-A (interim affordable housing). Public hearing and action on request by County of Santa Barbara to amend its LCP to modify affordable housing overlay and general regulations for density bonuses on affordable housing projects. (SLG-V) [APPROVED]

c. Santa Barbara Co. LCP Amendment Nos. MAJ-1-03-B (Mecay-Hotchkiss). Public hearing and action on request by County of Santa Barbara to amend its LCP to rezone 18,103 sq.ft. from Recreation to Residential on certified Zoning Map. (SLG-V) [POSTPONED]

19. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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. 4-02-12 (Kelly, Los Angeles Co.) Application of Nancy Yoko Kelly for 3,959 sq.ft. 2-story single-family home, 484 sq.ft. attached garage, septic system, driveway, retaining walls and 1,156 cu.yds. of grading, at 2915 Tuna Canyon, Topanga, Los Angeles County. (KK-V) [APPROVED WITH CONDITIONS]

b. Application No. 4-03-108 (Sweeney & Jean Ross, Los Angeles Co.) Application of Jean Ross, LLC & Brian Sweeney to adjust lot line between two vacant lots, at Schueren Road, near Malibu, Los Angeles County. (KK-V) [APPROVED WITH CONDITIONS]

c. Application No. 4-03-116 (Giacomazzio, Los Angeles Co.) Application of Mickey Giacomazzio to restore pre-graded slope in response to Los Angeles County grading violation with 6,422 cu.yds. of grading, at 274 Kanan Dume Road, near Malibu, Los Angeles County. (JCJ-V) [APPROVED WITH CONDITIONS]

20. PERMIT AMENDMENTS. See AGENDA HEADINGS. 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. A-4-03-14-A2 (Seabridge, Oxnard) Request by D.R. Horton Los Angeles Holding Company, Inc. to revise Seabridge Development to delete two swimming beaches in shallow bay, add public waterfront landing facility to provide additional water access for small craft, and corollary modifications including replacing upland beach areas with grass areas and paved pedestrian trails and reconfiguring boat launch ramp to continue to allow “carry-in” boat launch access for small non-motorized craft. (THD-V) [APPROVED WITH CONDITIONS]

b. Permit No. 4-95-105-A (Higgins, Malibu) Request by Beverly Higgins to demolish deck enclosure on existing single-family home, and demolish detached at-grade deck, at 33406 Pacific Coast Highway, Malibu, Los Angeles County. (JLA-V) [POSTPONED]

c. Permit No. 4-97-103-A2 (Rust Trust, Malibu) Request by Rust Trust to demolish 400 sq.ft. cabana, patios, retaining walls, stairs, cistern, bomb shelter & underground storage areas, construct 400 sq.ft. cabana, remodel 1,230 sq.ft. patio, restore 1,360 sq.ft. area to native bluff, and perform 30 cu.yds. of grading on bluff face, at 33528 Pacific Coast Highway, Malibu, Los Angeles County. (LKF-V) [APPROVED WITH CONDITIONS]

d. Permit No. 4-02-43-A (Munro, Los Angeles Co.) Request by Raymond Munro for 16¼-ft-high 750 sq.ft. detached guest house, and grading, at 2210 Marvista Ridge Road, near Malibu, Los Angeles County. (JCJ-V) [POSTPONED]

21. PERMIT EXTENSION. See AGENDA HEADINGS.

a. Permit No. 4-01-145-E (Hessami, Malibu) Request by Pascal Hessami to extend permit for 6,535 sq.ft. 24-ft-high single-family home, 836 sq.ft. attached garage, driveway, pool, septic system and 980 cu.yds. of grading, at 5960 Cavalleri Road, Malibu, Los Angeles County. (KK-V) [Permit Extension APPROVED]

22. REVOCATION REQUEST No. R-4-01-145 (Hessami, Malibu) Public hearing and action on request by Elliot Dolin to revoke permit granted to Pascal Hessami for 6,535 sq.ft. 24-ft-high single-family home, 836 sq.ft. attached garage, driveway, pool, septic system and 980 cu.yds. of grading, at 5960 Cavalleri Road, Malibu, Los Angeles County. (KK-V) [Revocation DENIED]

23. FINDINGS. See AGENDA HEADINGS.

a. Santa Barbara Co. LCP Amendment No. MAJ-2-02 (Carpinteria Valley Greenhouse). Santa Barbara County LCP amendment granted with suggested modifications to modify greenhouse policies and add overlay district to all agricultural parcels zoned AG-I to regulate greenhouses, greenhouse related development, packing and shipping facilities, and shade and hoop structures in unincorporated areas of coastal zone at Carpinteria Valley. (SLG-V) [APPROVED]

9:00 a.m.

FRIDAY, MAY 14, 2004

1. CALL TO ORDER.

2. ROLL CALL.

SAN DIEGO COAST DISTRICT

3. CONSENT CALENDAR. See AGENDA HEADINGS.

a. Application No. 6-04-22 (SD Co. Airport Auth., San Diego) Application of San Diego County Regional Airport Authority to construct 1,825 sq.ft. addition to airport terminal and install enclosed jet bridges to allow passenger access from gate to aircraft, at San Diego International Airport, 3225 North Harbor Drive, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-04-23 (SD Co. Airport Auth., San Diego) Application of San Diego County Regional Airport Authority to install two 25-ft-high poles containing noise monitoring devices, at South Mission Beach parking lot and vacant area at corner of I-8, Nimitz & West Point Loma Blvds., Mission Beach and Mission Bay Park, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT

4. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA HEADINGS.

a. Application No. 5-04-55 (Zinsmeyer, Newport Beach) Application of John Zinsmeyer to remove and replace floating dock with new dock & associated structures (two 5’ x 45’ fingers, 5’ x 29’ backwalk, 4’ x 4’ gangway lobe, 3’ x 24’ gangway, and three 14” concrete guide piles), and construct 10’ x 14’ pier with two “T” piles and one 12” guide pile, at 608 Via Lido Nord, Newport Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-04-104 (Hendon, Newport Beach) Application of Daniel Hendon to remove and replace existing "U-shaped" dock system with modified "L-shaped" dock system (8' x 30' finger, 16' x 23' dock, 3' x 24' gangway, 8' x 8' gangway lobe and three 18" piles), at 97 Linda Isle, Newport Beach, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

5. CONSENT CALENDAR. See AGENDA HEADINGS.

a. Application No. 5-03-198 (Byrnes, Seal Beach) Application of David Byrnes to remodel 2,994 sq.ft. single-family home with attached 625 sq.ft. garage, remove 23 sq.ft. of living space, add 724 sq.ft. of enclosed storage space, refinish beach-level deck, add to existing second & third floor decks, and convert sloping roof to flat roof & roof deck, at A-119 Surfside Avenue, Seal Beach, Orange County. (KFS-LB) [POSTPONED]

b. Application No. 5-04-18 (Pelican Bluffs, Newport Beach) Application of Pelican Bluffs LLC to demolish single-family home, and construct ocean-front 3,770 sq.ft. 2-story single-family home and attached 650 sq.ft. garage, with no grading, at 2020 East Ocean Front, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-04-33 (Jones, Long Beach) Application of Roderick Jones to remove and replace private residential boat dock, pier & gangway in same location, at 5507 Sorrento, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-04-54 (Pelican Bluffs, Newport Beach) Application of Pelican Bluffs, LLC to demolish single-family home with basement, and construct ocean-front 4,839 sq.ft. 2-story single-family home & basement and attached subterranean 510 sq.ft. garage, with no grading, at 2060 East Oceanfront, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-04-56 (San Clemente, irrigation) Application of City of San Clemente for diversion tank and pump system to collect & dispense nuisance runoff into landscaped areas through new low-flow irrigation line at Ole Hanson Beach Club, 112 Boca De La Playa, San Clemente, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-04-57 (San Clemente, stair railing) Application of City of San Clemente for handrails along 113 linear feet of existing public access stairway (Lost Winds accessway) leading to ocean between 2004 & 2006 Calle de los Alamos, San Clemente, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

g. Application No. 5-04-97 (Johnson & Moore, Los Angeles) Application of Sherill Johnson & Albert Moore to demolish 2-story single-family home, and construct 28-ft-high 3,793 sq.ft. duplex with 5-car carport, at 19 East 26th Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

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

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

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

a. Encinitas LCP Amendment No. 3-03 (Community Character) Time Extension. Public hearing and action to extend time limit for Commission action for up to one year on request by City of Encinitas to amend certified Implementation Plan to revise various regulations relating to community character. (GC-SD) [APPROVED]

b. Carlsbad LCP Amendment No. 5-03A (Various code changes). Public hearing and action on request by City of Carlsbad to amend its certified LCP Implementation Plan with various text changes to municipal code affecting process for review of land use decisions; updating titles for land use officials; revising variance findings; deleting density provisions inconsistent with the General Plan; updating references to reflect currently adopted zones; and adding definition for “wireless communication facilities” and incorporating by reference a City Council policy on the same; with miscellaneous other code changes. (WNP-SD) [POSTPONED and Time Extended]

9. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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. 6-03-41 (Parks & Rec., Encinitas) Application of California Department of Parks & Recreation to demolish paving, railing, kiosk, landscaping and riprap on beach, install sheet pile & shotcrete seawall (with toe-stone) north and south of existing sheet pile wall, and construct entryway to park from Highway 101, grading and parking lot improvements resulting in loss of 100 parking spaces, at Cardiff State Beach-South day use parking lot, Cardiff, Encinitas, San Diego County. (GC-SD) [POSTPONED]

b. Application No. 6-04-10 (San Diego Famosa Slough enhancement) Application of City of San Diego, Public Buildings and Parks Division, to restore and improve two 48-inch drainage culverts connecting Famosa Slough and Famosa Channel, extend culverts and install sheet pile wall, near intersection of West Point Loma & Famosa Blvds., Peninsula, San Diego, San Diego County. (KW-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-04-12 (UCSD, San Diego) Application of the University of California San Diego to construct 6,344 sq.ft. 2-story addition (office space, conference room, exam & treatment rooms, and restrooms) to existing 1 & 2-story, 17,200 sq.ft. Student Health and Wellness center, remove pavement and 53 existing trees, and plant 103 new trees, on west side of Library Walk, north of Lyman Walk, UCSD Campus, La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-04-13 (UCSD, San Diego) Application of University of California, San Diego to demolish part (1,382 sq.ft.) of 3,200 sq.ft. recreation administration building and construct competition size swimming pool with 3,483 sq.ft. mechanical building, on north side of Voigt Drive at Lyman Lane, Warren College UCSD, La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

10. PERMIT AMENDMENTS. See AGENDA HEADINGS. 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. 6-03-127-A (San Diego Co. Water Auth., Encinitas) Request by San Diego County Water Authority to modify permit for wetlands enhancement to extend permissible grading season up to December 14 and incorporate additional storm water control and erosion prevention provisions, south of Manchester Avenue & El Camino Real, Encinitas, San Diego County. (KW-SD) [APPROVED WITH CONDITIONS]

b. Permit No. 6-86-396-A6 (Lochtefeld, San Diego) Request by Tom Lochtefeld to modify permit for 8 commercial retail buildings & amusement park to demolish vacant 2-story building (Building #6) and use footprint as outdoor pavilion restaurant for interim until structure is approved to be reconstructed, at 3146 Mission Boulevard (Belmont Park), Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

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

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

13. LOCAL COASTAL PROGRAM (LCP). See AGENDA HEADINGS.

a. Huntington Beach LCP Amendment No. HNB-MAJ-2-02 Time Extension. Public hearing and action to extend 90-day time limit for Commission action on amendment request by City of Huntington Beach to certify area of deferred certification known as Parkside Estates (previously MWD site), proposed for residential and open space. (MV-LB) [APPROVED]

14. NEW APPEAL. See AGENDA HEADINGS.

a. Appeal No. A-5-04-137 (Roughen, Manhattan Beach) Appeal by Oaky Miller from decision of City of Manhattan Beach granting permit to Michael Roughen to demolish detached duplex, and construct 3-level two-unit condominium, at 121 15th Street, Manhattan Beach, Los Angeles County. (CP-LB) [NO SUBSTANTIAL ISSUE FOUND]

15. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGS. 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 HEADINGS) 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. 5-04-87 (Fish & Game, Huntington Beach) Application of Department of Fish & Game, Lands & Facilities Branch to upgrade existing public parking lot and public pedestrian bridge serving 1.5 mile walking trail around Inner Bolsa Bay, in Bolsa Chica area of Orange County, at Bolsa Chica Ecological Reserve, east of Pacific Coast Highway and south of Warner, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

b. Appeal No. A-5-04-108 (AVP, Manhattan Beach) Application of Association of Volleyball Professionals (AVP) for 2004 Manhattan Beach Open Volleyball Tournament (with temporary bleachers and related structures seating 4,500 people) on public beach June 1, 2004 through June 8, 2004, at beach south of Manhattan Beach Pier, Manhattan Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

16. PERMIT AMENDMENT. See AGENDA HEADINGS. 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. A-5-03-87-A (Walker & Dupler, Palos Verdes Estates) Request by Mary Ann Walker & Tim Dupler to amend condition addressing preservation of existing trail to move 10-ft. open space setback from northern side yard to southern side yard, at 1745 Paseo Del Mar, Palos Verdes Estates, Los Angeles County. (MS-LB) [APPROVED WITH CONDITIONS]


Future Meetings: The next meetings of the Coastal Commission will be June 9-11 in San Pedro and July 14-16 in San Diego.