August 2007 Agenda

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

This has been updated at 2 p.m., Friday,  August 10, 2007.
 

10:00 A.M.

WEDNESDAY, AUGUST 8, 2007

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT

3. CONSENT CALENDAR. (Removed from Regular Calendar). See AGENDA CATEGORIES.

a. Application No. 5-06-224 (Headrick, Pacific Palisades) Application of Michelle & Charles Headrick to demolish and construct 2-story, 3,329 sq. ft., single-family home, with attached 2-car garage and 12-ft. retaining wall on 5,896 sq. ft. R1-1 zoned lot, at 389 Las Casas Avenue, Pacific Palisades, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-07-144 (Britts, Playa del Rey) Application of Kimberly Britts to remodel 2,763 sq. ft. residential duplex and add 766 sq. ft., including new third floor with deck, with a height of 37 feet, at 6409 & 6411 S. Ocean Front Walk, Playa Del Rey, Los Angeles, Los Angeles County. (AP-LB)  [APPROVED WITH CONDITIONS]

c. Application No. 5-07-159 (City of Long Beach, Long Beach) Application of City of Long Beach to repair 2 segments of vertical concrete seawall by coring 4-in. diameter holes and installing soil anchors, and storage of temporarily-displaced boat docks at Long Beach Yacht Club Long Dock, at Public Seawalls (next to 32-42 Rivo Alto Canal, 5913-5961 Corso Di Napoli and 1-7 Vista Del Golfo), Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-07-188 (Long, Venice) Application of Clifford Long to construct 45-ft.-high, 4-level, 3,188 sq. ft., single family home with attached 3-car garage on vacant lot, at 150 East Voyage Mall, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

4. ENERGY and OCEAN RESOURCES 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. (AD-SF)

a. Request to File Application E-06-013 (Poseidon Resources Corporation, Carlsbad) Public hearing and action by the Commission pursuant to section 13056(d) of the Commission’s regulations on the applicant's appeal of the Executive Director’s determination that the coastal development permit application for a proposed desalination facility at the Encina power plant in Carlsbad, San Diego County is incomplete and therefore cannot be filed. (TL – SF) [WITHDRAWN]

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

6. 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. E-99-011-A2 and CC-028-00 (MFS Globenet, Inc. San Luis Obispo Co.) Request by MFS Globenet, Inc. to amend permit and modify consistency certification for MFS Globenet, Inc. fiber optic cable system to reduce frequency of burial surveys from once every 18 to 24 months, to once every 5-years, in state and federal waters offshore Montana de Oro State Park, west-southwest of City of Los Osos, San Luis Obispo. (DL-SF) [APPROVED]

STATEWIDE

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

CCC v. U.S. Department of the Navy et al. Govt. Code § 11126(e)(2)(A). 
City of Oxnard v. CCC Govt. Code § 11126(e)(2)(A). 
Coastal Law Enforcement Action Network et al. v. CCC (Association of Volleyball Professionals, RPI) Govt. Code § 11126(e)(2)(A). 
Coastal Law Enforcement Action Network et al. v. CCC (Pacific Gas & Electric Co., RPI) Govt. Code § 11126(e)(2)(A). 
Douglas v. CCC (Mountains Recreation and Conservation Authority, RPI) Govt. Code § 11126(e)(2)(A). 
Kretowicz et al. v. CCC, Govt. Code § 11126(e)(2)(A). 
Manchester Pacific Gateway LLC v. CCC et al. Govt. Code § 11126(e)(2)(A). 
Schneider 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).

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

There is a single, combined staff report for items 8 and 9 below.

8. Commission Cease & Desist Order No. CCC-07-CD-03 (Emerson, Pacific Shores Subdivision, Del Norte Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Mr. James Emerson, as owner of property, located at Block 41, Lot 22, APN 108-161-22, Pacific Shores Subdivision, Del Norte County to: (1) cease and desist from conducting or maintaining un-permitted development consisting of fill (in and/or adjacent to wetlands), change in intensity of use from vacant lot to residential use, removal of major vegetation, and placement of large pre-fabricated structure, at least 4 mobile homes or trailers, 4-5 vehicles, and several off-road vehicles on property; (2) remove all un-permitted development from property, in accordance with terms of the Orders; and (3) restore impacted areas of property to condition before Coastal Act violations occurred. (EMH-SF) [APPROVED]

9. Commission Restoration Order No. CCC-07-RO-02 (Emerson, Pacific Shores Subdivision, Del Norte Co.) Public hearing and Commission action on proposed Restoration Order directing Mr. James Emerson, as owner of a property located at Block 41, Lot 22, APN 108-161-22, Pacific Shores Subdivision, Del Norte County, to: (1) remove un-permitted development, consisting of fill (in and/or adjacent to wetlands), change in intensity of use from vacant lot to residential use, removal of major vegetation, and placement of large pre-fabricated structure, at least 4 mobile homes or trailers, 4-5 vehicles, and several off-road vehicles, from property, in accordance with terms of the Orders; and (2) restore impacted areas to condition before Coastal Act violations occurred. (EMH-SF) [APPROVED]

10. Notice of Violation No. CCC-07-NOV-05 (Emerson, Pacific Shores Subdivision, Del Norte Co.) Public hearing and Commission action on proposed recordation of Notice of Violation identifying un-permitted development by Mr. James Emerson, as property owner, on property located at Block 41, Lot 22, APN 108-161-22, Pacific Shores Subdivision, Del Norte County. (EMH-SF) [WITHDRAWN]

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

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

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

a. County of Ventura LCP Amendment No. 1-2007 (Crown Pointe Estates) Time Extension. Public hearing and action to extend time limit for one year on request by County of Ventura to amend its LCP to change the Land Use Map of the Coastal Area Plan and the Coastal Zoning Ordinance for a 6.38 acre subject site currently designated for 4.26 acres of commercial use and 2.12 acres of residential use in order to allow for 1.36 acres of commercial use and 5.02 acres of residential use at a greater density.  In addition, the amendment would also change the Land Use Map designation for 9 adjacent parcels (Tract 4483), approximately 9 acres in combined size, to conform with higher densities allowed by existing Coastal Zoning Ordinance.  The area subject to this amendment is located between Pacific Coast Highway and Ellice Street in southern Ventura County.  (JJ-V) [Time Extension APPROVED]

b. County of Santa Barbara LCP Amendment No. MAJ-2-06 (Noticing & Appeals). Public hearing and action on request by County of Santa Barbara to amend its LCP to revise the public noticing and appeal process requirements, Santa Barbara County. (SLG-V) [POSTPONED]

An addendum has been appended to the staff report for item 13c below on Tuesday, August 7.

c. City of Oxnard Amendment No. OXN-MAJ-1-07 (Breakers Way Rezone) Public hearing and action on request by City of Oxnard to amend its LCP to change the zoning of the Breakers Way parcel located in the Oxnard Shores neighborhood from Resource Protection (RP) to Single Family Beach (R-B-1). (DC-V)

13.5 NEW APPEALS.

There is a single, combined staff report for items 13.5a & 13.5b below. Additionally, an addendum has been appended  on Tuesday, August 7.

a. Appeal No. A-4-STB-07-071 (Beach Club Trust, Santa Barbara Co.) Substantial Issue hearing on appeal by Commissioners Patrick Kruer and Sara Wan from decision of the County of Santa Barbara granting a coastal development permit to “validate” a remodeled single family residence with additions; remove five accessory structures; relocate four shipping containers, relocate four accessory structures, and “validate” three other un-permitted structures; located at 2825 Padaro Lane, Santa Barbara County. (SLG-V) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

b. Appeal No. A-4-STB-07-073 (Beach Club Trust, Santa Barbara Co.) Substantial Issue hearing on appeal by Commissioners Patrick Kruer and Sara Wan from decision of the County of Santa Barbara granting of a Conditional Use Permit for a 413 sq. ft. trailer with a 385 sq. ft. loft to be used as watchman’s trailer, located at 2825 Padaro Lane, Santa Barbara County, Santa Barbara County. (SLG-V) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

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

Addenda have been appended to each of the staff reports for items 14a, 14d, and 14e below on Tuesday, August 7.

a. Application 4-04-010 (Las Virgenes Municipal Water District, Los Angeles Co.) Application of Las Virgenes Municipal Water District to convert an approximately 2.5 acre area of existing trenches and berms into percolation ponds for treating creek water and for disposal of tertiary treated wastewater from the Tapia Water Reclamation Facility. Treatment of creek water will occur on a basis of 40 weeks per years, except when creek flows fall below 2.5 cfs. Disposal/treatment of wastewater from Tapia Water Reclamation Facility shall occur between April 15th and May 31st and between October 1st and November 15th on an annual basis. (AT-V) [DENIED]

b. Application 4-04-030 (Cordova, Los Angeles County).  Application of Denis Cordova to construct 2,194 sq. ft., two-story, 29 ft. high single family residence with attached 534 sq. ft. garage; 116 sq. ft. of second story decks; septic system; driveway; retaining walls; and 401 cu. yds. of grading (314 cu. yds cut; 87 cu. yds fill;) with 261 cu. yds. of removal & recompaction at 253 Vera Canyon Road, Malibu, Los Angeles County. (MCH-V) [POSTPONED]

An addendum has been appended to the staff report for item 14c below on Wednesday, August 8.

c. Application No. 4-05-132 (Rein, Topanga) Application of Robert Rein to construct 2-story, 27 ft. high, 4,417 sq. ft. single family home, 1,056 sq. ft. 4-car garage, water tank and hydrant, septic system, improve 1,100 linear ft. of existing driveway & turnaround, and grade 4,215 cu.yds. of cut and 218 cu. yds. of fill at 21420 Hillside Drive, Topanga, Los Angeles County. (JJ-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

d. Application 4-06-138 (Khalsa, Los Angeles County). Application of Jai Pal S. Khalsa, Didar S. Khalsa, and Siri Karm K Khalsa to construct 5,279 sq. ft., two story, 31 ft. high single family home with 800 sq. ft. garage; septic system; driveway; landscaping, pool, spa, decks, retaining walls, and 1,800 cu. yds. of grading at 24563 Piuma Road, Malibu, Los Angeles County. (MCH-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

e. Application No. 4-07-002 (Calif. Dept. Parks & Recreation, Los Angeles Co.) Application of California Dept of Parks & Recreation to remove 1,000 linear-ft. berm approximately 1.8 acres in area and implement revegetation program along west bank of lower Topanga Creek in order to restore natural floodplain and channel of Topanga Creek at Topanga State Park, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT

15. 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.

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

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

a. City Of Laguna Beach LCP Amendment No. LGB-MAJ-1-07b (Assorted Implementation Plan Revisions). Public hearing and action on City of Laguna Beach LCP Amendment No. 1-07b which changes or adds Implementation Plan provisions regarding permit processing and Design Review Board powers, among others. (MV-LB) [APPROVED WITH MODIFICATIONS per staff]

b. City of Laguna Beach LCP Amendment No. LGB-MAJ-2-06 (Design Review Procedures). Public hearing and action on request by the City of Laguna Beach to amend the certified Local Coastal Program (LCP), affecting the Implementation Plan, by amending several design review procedures addressing variances, a change to the type of development subject to design review and building permit requirements, codification of Administrative Design Review process, and changes to requirements related to staking, biological reports, fire department review, public notice, public hearings, appeals, and re-application for approval of denied proposals. (RT-LB)  [APPROVED WITH MODIFICATIONS per staff]

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. 5-06-129 (Three Arch Bay Assoc., Laguna Beach) Application of Three Arch Bay Association to repair and reconstruct 2 existing private beach access stairways down coastal bluff face, including replacement of certain decayed wood elements and enhancement of certain concrete supports, adjacent to 8 Barranca, 17-19 Bay Drive, 8-24 South La Senda, and payment of a mitigation fee towards replacement and enhancement of a public beach access stairway at Brooks Street, Laguna Beach (Orange County). (RT-LB) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

b. Application No. 5-06-301 (McNamara, San Clemente) Application of Brian and Sarah McNamara to demolish one-story, 1,539 sq. ft., single-family residence with attached garage and construct 24 ft. high, two-story, 3,900 sq. ft., single-family residence, with attached 2-car garage and 1,048 sq. ft. in new decks on 13,873 sq. ft. canyon lot at 219 W. Marquita, San Clemente, Orange County. (LR-LB) [POSTPONED]

c. Application No. 5-06-328 (Schwendener, Seal Beach) Application of Alan Schwendener to demolish 1-story, 4,640 sq.ft., 10-unit apartment and construct 4 two-story, single-family homes ranging from 2,000 to 3,000 sq. ft. with attached 2-car garages, and grading. Subdivide single lot into 4 parcels ranging from 2,938 to 4,855 sq. ft., at 400 Marina Drive, Seal Beach, Orange County. (FSY-LB) [POSTPONED]

d. Application No. 5-06-344 (City of Newport Beach, Dept. of Public Works, Newport Beach) Application of City of Newport Beach, Dept. of Public Works to construct and connect sidewalk/boardwalk to existing sidewalk and plant 8 Red Willow trees as mitigation for impacting riparian and wetland habitat, at East side of Dover Drive from Cliff Drive to 970 ft north of Cliff Drive (south of 16th Street), adjacent to Castaways Park, Newport Beach, Orange County. (FSY-LB) [POSTPONED]

e. Application No. 5-07-14 (Rietkerk & Haugh, Seal Beach) Application of Tim Rietkerk & Jessica Haugh to demolish 1-story 1,463 sq. ft., 4-unit apartment and construct new 2-story, 2,609 sq. ft. single-family home with attached 2-car garage along with recompaction-type grading, at 1508 E. Ocean Ave., Seal Beach, Orange County (FSY-LB) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

f. Application No. 5-07-131 (Dugan, Long Beach) Application of Michael Dugan to remove and replace private residential pier and gangway in same location using 2 existing piles and one new pile, at 5639 E Sorrento Drive, Long Beach, Los Angeles County. (CP-LB) [POSTPONED]

g. Application No. 5-07-168 (Wet Paws, LLC, Newport Beach) Application of Wet Paws, LLC to remove and replace an existing seawall at the same alignment with new pre-cast concrete panels and associated coping, tiebacks, concrete caissons and soldier piles and to remove remnants of pre-existing deck and construct new 3’ concrete cantilevered deck at 2136 E. Balboa Blvd., Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

An addendum has been appended to the staff report for item 18h below on Monday, July 30, 2007.

h. Application No. 5-07-206 (Joyce, Torrance) Application of James and Eileen Joyce to remove non-native vegetation on lower portion of bluff on residential coastal bluff lot and revegetate area with native southern foredune scrub and southern bluff scrub to provide habitat for the endangered El Segundo blue butterfly, at 529 Paseo De La Playa, Torrance, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

19. PERMIT EXTENSIONS. See AGENDA CATEGORIES.

a. Permit No. 5-98-307-E7 (Griswold, Laguna Beach) Request by Charles & Valerie Griswold to extend, for up to one year, previously approved permit to construct single family home on vacant and reconstructed bluff-top lot, at 29 Bay Dr., Laguna Beach, Orange County. (MV-LB) [Permit Extension APPROVED]

20. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Application No. 5-06-396 (AVP Pro Beach Volleyball Tour, Inc., Hermosa Beach) Granted permit with conditions to the AVP Pro Beach Volleyball Tour, Inc. for a 4-day beach volleyball tournament, which includes concession booths and approximately 16 courts (includes 3,500-seat stadium court), on beach, between 1200 & 1300 blocks of The Strand, Hermosa Beach, Los Angeles County. (RT-LB) [Findings APPROVED]

STATEWIDE

21. APPROVAL OF MINUTES. [APPROVED]

22. COMMISSIONERS' REPORTS.

23. CONSERVANCY REPORT.

24. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

25. SANTA MONICA BAY RESTORATION COMMISSION REPORT.

26. DEPUTY ATTORNEY GENERAL'S REPORT.

27. EXECUTIVE DIRECTOR’S REPORT including report on legislation and Water Quality.

a. Interagency Agreements. Approval of transfer of federal funds to San Francisco Bay Conservation and Development Commission for implementation of California Coastal Management Program. (AM-SF) [APPROVED]

b. Public Education Grant Program. Public hearing and action on proposed targeted grant awards from sales of the WHALE TAIL^SM  License Plate. (CP & SBL - SF)  [APPROVED]

c. Legislation. The Commission may take action on the following legislation:

ACA 8, AB 120, AB 141, AB 258, AB 319, AB 739, AB 740, AB 828, AB 992 , AB 1046, AB 1056, AB 1066, AB 1074, AB 1096, AB 1280, AB 1338, AB 1396, AB 1457, AB 1459, AB 1568, SB 4 , SB 10, SB 54, SB 157, SB 300, SB 333, SB 412, SB 634, SB 670, SB 742, SB 821, SB 884, SB 898, SB 911, SB 939, SB 965, SCA 1

d. Possible Selection of Subcommittee. Commission discussion and possible action to establish a subcommittee to discuss indemnification of the Commission for its costs and attorneys fees if litigation results from approval of a coastal development permit.

9:00 a.m.

THURSDAY, AUGUST 9, 2007

1. CALL TO ORDER.

2. ROLL CALL.

SAN DIEGO COAST DISTRICT

3. CONSENT CALENDAR. See AGENDA CATEGORIES.

Addenda have been appended to each of the staff reports for items 3b, 3d, and 3f below on Wednesday, August 8.

a. Application No. 6-07-21 (Los Penasquitos Lagoon Foundation, San Diego) Application of Los Penasquitos Lagoon Foundation to excavate temporary channel to open mouth and enhance outflow of Los Penasquitos Lagoon, and placement of excavated materials on adjacent beach as needed for 5-years, at the mouth of Los Penasquitos Lagoon at North Torrey Pines Road (Highway 101), Torrey Pines, San Diego, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-07-41 (Cheng, San Diego) Application of Jean Cheng to convert 4-unit apartment building to four (4) condominiums on 4,312 sq. ft. lot, at 3225 Ocean Front Walk, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-07-43 (Cheng, San Diego) Application of Jean Cheng to convert 10-unit apartment building to ten (10) condominiums on 4,791 sq. ft. lot, at 715 Santa Barbara Court, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-07-55 (Holland, San Diego) Application of Will Holland to demolish 800 sq. ft. home with detached 1-car garage and construct 30 ft. high 2-story over basement, 2,640 sq. ft., 2-unit condominium building on 2,400 sq. ft. lot, at 731-733 Jamaica Court, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

e. Application No. 6-07-67 (San Diego sewer pump station upgrades) Application of City of San Diego Metropolitan Wastewater Dept to upgrade seven (7) sewer pump stations to include additional force mains, new underground storage tanks and 30’ high antenna masts, at pump stations located in Mission Bay Park and San Dieguito River Valley, San Diego, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS]

f. Application No. 6-07-68 (Marin, San Diego) Application of D. Marin Holdings to demolish 2 homes and construct 2-story over basement, 30 ft. high, 2,596 sq. ft. duplex on 2,375 sq. ft. lot, at 802-804 Nahant Court, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

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

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

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

a. City of Oceanside LCP Major Amendment No. 1-07 (Downtown “D” District) Time Extension. Public hearing and action to extend time limit for one year on request by the City of Oceanside to amend its LCP Implementation Plan to include changes to Articles 4, 12 and 41 of the City’s ordinance for the Downtown “D” District.  Proposed changes will update the permissible commercial and visitor-serving uses and definitions including the introduction of condo-hotels within the Downtown “D” District and the Redevelopment Project Area. (TR-SD) [Time Extension APPROVED]

b. City of Carlsbad LCP Major Amendment No. 1-06 (HMP Implementation/HMP Hardline Revisions/Density Bonuses) Time Extension. Public hearing and action to extend time limit for one year on request by City of Carlsbad to amend both its certified land use plan(s) and implementation plan to incorporate implementation provisions and revisions for the adopted Habitat Management Plan and authorize density bonus provisions. (TR-SD) [Time Extension APPROVED]

c. City of Solana Beach LCP Land Use Plan Submittal Time Extension. Public hearing and action to extend the time limit for action for one year on request by City of Solana Beach to certify LCP Land Use Plan. (DL-SD) [Time Extension APPROVED]

d. City of San Diego LCP Major Amendment No. 2-07 (Clews Horse Ranch/Grand Avenue Mixed Use) Time Extension. Public hearing and action to extend time limit for one year on request by City of San Diego to amend its LCP to certify two separate components. Component A/Clews Horse Ranch would rezone an approximately 38 acre site in the Carmel Valley Neighborhood 8 Precise Plan from AR-1-1, MF1 and OS to AR-1-1 and OS and Component C/Grand Avenue Mixed Use would revise the certified Pacific Beach Community Plan land use designation/rezone an approximately 0.11-acre site from RM-2-5 and CC-4-2 to CC-4-2. (LRO and EL-SD) [Time Extension APPROVED]

An addendum has been appended to the staff report for item 6e below on Wednesday, August 8.

e. City of San Diego LCP Major Amendment No. 2-07A (Clews Horse Ranch). Public hearing and action on request by the City of San Diego to amend the certified LCP Implementation Plan to rezone 38.44-acre site from AR-1-1, MF1 and OS to AR-1-1 and OS, located southwest of the SR56/Carmel Country Road interchange in Neighborhood 8 of the Carmel Valley subarea of the North City LCP segment. (EL-SD) [APPROVED]

f. City of San Diego LCP Major Amendment No. 1-07 (Brush Management). Public hearing and action to extend time limit for one year on request by the City of San Diego to adopt the Commission’s suggested modifications for certification of the City’s proposed brush management regulations. (DNL-SD) [APPROVED]

7. NEW APPEALS. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 7a below on Wednesday, August 8.

a. Appeal No. A-6-CII-07-17 (Riley, Carlsbad) Appeal by Commissioners Wan & Kruer from decision of City of Carlsbad granting permit with conditions to Mickie & Hansi Riley to construct 2-story, 5,619 sq. ft., single family home over basement on 12,517 sq. ft. vacant blufftop site with existing rip-rap revetment at toe of bluff, at 5011 Tierra Del Oro, Carlsbad, San Diego County. (TR-SD) [Permit APPROVED WITH CONDITIONS]

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

An addendum has been appended to the staff report for item 8a below on Wednesday, August 8.

a. Application No. 6-06-130 (Holcomb, Encinitas) Application of Barry Holcomb to construct dumpster enclosure, re-asphalt and re-stripe restaurant parking lot and retain un-permitted 2,000 sq. ft. asphalt parking lot on adjacent property, at 2591 Coast Highway, Cardiff, Encinitas, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS, moved to consent calendar]

b. Application No. 6-07-61 (Espresso by the Sea, Encinitas) Application of Espresso by the Sea to place and operate mobile beverage and snack cart in unimproved area of State Beach facility, at Cardiff State Beach North Day Use Lot, Cardiff, Encinitas, San Diego County. (GDC-SD)  [APPROVED WITH CONDITIONS]

c. Application No. 6-07-63 (Babe's-at-the-Beach, Encinitas) Application of Babe's-at-the-Beach to place and operate self contained beverage and snack cart on paved area of State Park facility, at Cardiff State Beach South Day Use Lot, Cardiff, Encinitas, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]

9. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Permit No. 6-07-025 (Lodge at Torrey Pines, San Diego) Granted permit with conditions to Lodge at Torrey Pines for temporary placement of beach chairs, umbrellas, and cabanas, along with limited food and beverage service on public beach during summer months (2007 and 2008), with overnight storage containers occupying 2 parking spaces in southern portion of South Torrey Pines State Beach parking lot, southwest of Torrey Pines Park Road, Torrey Pines, San Diego, San Diego County. (EL-SD) [Findings APPROVED]

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

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

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. 2-07-19 (County of Marin Environmental Health Services, Marshall)  Application of County of Marin Environmental Health Services for (1) East Shore Wastewater improvements, (2) repair, improve and/or replace septic tanks serving up to 38 developed lots, and (3) install collection pipe and community leachfield treatment system, at 19145 to 20230 Highway 1, Marshall, Marin County. (ME-SF) [POSTPONED]

An addendum has been appended to the staff report for item 12b below on Wednesday, August 8.

b. Application No. 2-07-2 (County of Marin Public Works Dept, Point Reyes Station, Marin Co.)  Application of County of Marin Public Works Dept to repair Bridge No. 104, the Sir Francis Drake Bridge, by placing 114 sq. ft. riprap around eastern pier footing, at Bridge No. 104, at Sir Francis Drake Blvd., crossing Olema Creek, 0.3 miles west of Hwy 1 and town of Point Reyes Station in un-sectioned portion of Inverness, USGS 7.5-minute topographic quadrangle, Point Reyes Station, Marin County. (MJ-SF) [APPROVED WITH CONDITIONS, moved to consent calendar]

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

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

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

a. San Luis Obispo County LCP Amendment No. SLO MAJ-2-04 Parts 2, 3, and 4 (Estero Area Plan Update and CZLUO Amendments). Public hearing and action to extend time to act on request by San Luis Obispo County to amend the Estero Area Plan and multiple sections of the Coastal Zone Land Use Ordinance. [APPROVED]

b. UCSC Long Range Development Plan. Public hearing and action on University of California of Santa Cruz (UCSC) proposed Coastal Long Range Development Plan (CLRDP) for expanded Marine Science Campus on University’s 100 ac. Terrace Point property, at western border of City of Santa Cruz. Site is developed with about 325,000 sq.ft. of facilities and related infrastructure, including 140,000 sq.ft. of buildings (associated with UCSC’s Long Marine Laboratory complex, CDFG’s Marine Wildlife Center, and NOAA’s Fisheries Lab). The proposed CLRDP would allow up to approximately 600,000 sq.ft. of new campus facilities (including 340,000 sq.ft. in new buildings up to 36-ft. in height) located mostly in 3 development nodes totaling about 34 acres, and would provide for expanded public access trail system and natural habitat restoration and preservation in areas outside development nodes.
(DC-SC) [POSTPONED]

c. City of Santa Cruz LCP Amendment No. STC-MAJ-1-06 (City-Wide Creeks & Wetlands Management Plan). Public hearing and action on request by City of Santa Cruz to amend the City of Santa Cruz’s LCP Land Use and Implementation Plans to include the City-Wide Creeks and Wetlands Management Plan. (SC-SC) [POSTPONED]

d. County of San Luis Obispo Department of Planning and Building LCP Amendment No. SLO-MAJ-1-7 (Agriculture Land Divisions) Time Extension. Public hearing and action to extend time limit on request by County of San Luis Obispo Dept of Planning and Building to modify the LCP’s CZLUO Section 23.04.024 (minimum parcel sizes) in agriculture land use category and add Sections 23.04.037 and 23.04.038 (cluster divisions) in agriculture land use category. (JB-SC) [APPROVED]

e. City of Carmel LCP Amendment No. CML-MAJ-1-6 (Forest Cottages Specific Plan). Time Extension. Public hearing and action on extension of time limit to act on request by City of Carmel to amend its LCP to establish a specific plan for a 13,085 s.f. site and the construction of 4 new condominium units and creation of two low income units in an existing historic structure. (MW-SC) [APPROVED]

16. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-MRB-06-64 (Colmer, Morro Bay) Appeal by Roger Ewing, Ray McKelligott, and Commissioners Caldwell and Shallenberger from decision of City of Morro Bay granting permit with conditions to Wayne Colmer for Planned Unit Development to subdivide 2 parcels (totaling 3.17 acres) to 17 residential parcels and 1 open space parcel, including grading, new roadway, and home sites, at 485 S. Bay Blvd (resubdivision of Parcels A & B into Tract 2739), Morro Bay, San Luis Obispo County. (MW-SC)  [POSTPONED]

b. Appeal No. A-3-SLO-07-035 (Stolo, Cambria) Appeal by Kristen Fiscalini, Landwatch San Luis Obispo County, Greenspace-The Cambria Land Trust, Commissioners Kruer and Shallenberger from decision of County of San Luis Obispo granting permit with conditions to Don & Charlene Stolo to allow phased development of winery and tasting facility consisting of: Phase 1) new 2,100 sq. ft. winery with 950 sq. ft. concrete pad for crushing, 800 sq. ft. tasting facility and repair and restore front façade of existing barn; Phase 2) demolish and reconstruct barn, relocate tasting activities and barrel storage to new 6,650 sq.ft. barn, and remodel tasting facility constructed in Phase 1 into winery offices; Phase 3) 920 sq.ft. expansion to 2,100 sq.ft. winery constructed under Phase 1, at 3770 Santa Rosa Creek Road (approximately 1.5 miles east of Main Street), Cambria, San Luis Obispo County. (JB-SC) [POSTPONED]

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. Appeal No. A-3-SLO-00-40 (Schneider, San Luis Obispo Co) Application of Dennis Schneider to construct 10,000 sq. ft. single family home and 2,500 sq. ft. barn on 40.6 ac. parcel zoned for agriculture, and variance for 1.25 miles of access road improvements on slopes in excess of 30%, at west side of Highway 1, on marine terrace 1/2 mile south of China Harbor, and 1 mile north of Villa Creek Road, Harmony Coast, San Luis Obispo County. (JB-SC) [POSTPONED]

b. Application No. 3-06-57 (Edwards, Pacific Grove) Application of Neil H. Edwards & Arthur H. Edwards to remodel and add to single family home, including second story addition, at 368 Calle De Los Amigos, Pacific Grove, Monterey County. (MW-SC) [APPROVED WITH CONDITIONS, moved to consent calendar]

9:00 a.m.

FRIDAY, AUGUST 10, 2007

1. CALL TO ORDER.

2. ROLL CALL.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

3. FEDERAL CONSISTENCY REPORT. Report by the Division Manager on Negative Determinations issued by the federal consistency staff, and status report on other major federal consistency matters. (MPD-SF) [APPROVED]

4. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-009-07 (National Oceanic Atmospheric Administration, Marin Co.)  Consistency Determination by National Oceanic and Atmospheric Administration for Revised Management Plan for Cordell Bank National Marine Sanctuary, offshore Marin County.  (CLT-SF) [APPROVED]

b. CD-010-07 (National Oceanic and Atmospheric Administration, Marin and San Francisco Co) Consistency Determination by National Oceanic and Atmospheric Administration for Revised Management Plan for Gulf of the Farallones National Marine Sanctuary, offshore Marin and San Francisco Counties.  (CLT-SF) [APPROVED]

c. CD-011-07 (National Oceanic and Atmospheric Administration, Marin through San Luis Obispo Co.) Consistency Determination by National Oceanic and Atmospheric Administration for Revised Management Plan for Monterey Bay National Marine Sanctuary, offshore Marin through San Luis Obispo Counties. (CLT-SF) [APPROVED]

d. CD-035-07 (Corps of Engineers, Los Angeles Co.) Consistency determination by U.S. Army Corps of Engineers for maintenance dredging of 575,000 cu.yds. of material from Los Angeles River Estuary, and dredged material disposal at LA-2 offshore disposal site, Bixby Park Beach, City of Long Beach, and Pier G slip fill in Port of Long Beach. (LJS-SF)

Addenda have been appended to each of the staff reports for item 4e and 4f below on Thursday, August 8.

e. CD-041-07 (National Marine Fisheries Service, Statewide) Consistency determination by National Marine Fisheries Service for issuance of an exempted fishing permit to Peter Dupuy to fish for swordfish with longline gear in the West Coast EEZ (Exclusive Economic Zone), including offshore of California, which is currently prohibited for longline fishing for swordfish, in order to gather information on the economic viability and environmental effects, including the potential protected species and non-target finfish interactions, of fishing in the West Coast EEZ (MPD-SF) [DENIED]

f. CD-037-07 (U.S. Coast Guard, San Diego Co.)  Consistency determination by U.S. Coast Guard to construct 242-ft long pier and floating dock for berthing large patrol vessels, located adjacent to existing boat dock at Harbor Drive facility, San Diego Bay, City of San Diego. (CMC-SF) [APPROVED]

NORTH COAST DISTRICT

5. DEPUTY DIRECTOR’S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission’s Eureka office at (707) 445-7833. [APPROVED]

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

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

a. Application No. 1-07-9 (Humboldt Bay Harbor, Recreation & Conservation District,) Application of Humboldt Bay Harbor, Recreation & Conservation District for permit to (1) demolish, remove and dispose of approximately 45,000 sq. ft. of storm-damaged timber deck planks, pilings and pile caps; (2) remove and dispose of stockpiled debris previously demolished under emergency provisions, following severe winter storms of 2005-2006; and (3) remove abandoned spud barge, at Foot of South Bay Depot Road, Fields Landing, Humboldt County. (MBK-E) [POSTPONED]

8. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-1-MEN-07-26 (Freis, Mendocino Co.) Appeal by Ruth & Robert Freis from decision of County of Mendocino granting permit with conditions for removal of 19 Monterey Pine trees (approximately 35 years old) from blufftop lot, in 3 stages over the next four years, at 15120 Irish Beach Drive, Manchester, Mendocino County. (RSM-E) [WITHDRAWN]

9. REVISED FINDINGS. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 9a below on Wednesday, August 8.

a. Appeal No. A-1-MEN-07-3 (Nelson, Mendocino Co.) Granted permit with conditions to Robert & Pamela Nelson to construct carport attached to 1,728 sq. ft., single-family home, legalize placement of retaining wall (6 ft. tall) used in conjunction with planting bed for screening vegetation on eastern side of residence, and place 44 sq. ft. storage shed on deck, at 30150 South Highway One (approximately 5 miles south of Point Arena), Mendocino County. (MBK-E) [Findings APPROVED]

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Future Meetings:  The next meetings of the Coastal Commission will be September 5-7 in Eureka, October 10-12 in San Pedro, November 14-16 in San Diego and December 12-14 in San Francisco.

See future agenda items (these are items submitted to the Coastal Commission and could be scheduled on future meeting agendas).