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August 2008 Agenda

City of Oceanside
300 North Coast Hwy.
Oceanside, CA 92054
(760) 801-0718

[The above telephone number is only for when the meeting is in session.]
 

This page has been updated at 11:15 a.m., Friday, August 8, 2008.
 

NOTICE The Coastal Commission’s monthly meeting agenda is now available only via the internet. If you wish to receive electronic notification of the publication of the Commission meeting agenda, please send your email address to NOTE: Please make sure that you set your e-mail anti-spam settings specifically to allow receipt of email from the coastal.ca.gov domain.

9:00 A.M.

WEDNESDAY, AUGUST 6, 2008

1. CALL TO ORDER.

2. ROLL CALL.

ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY

3. ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY.  Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development.  For specific information contact the Commission’s Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240.

4. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Application No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Application of Poseidon Resources (Channelside) LLC to construct and operate seawater desalination facility, associated pipelines and pumping facilities on site of Encina Power Plant, Carlsbad, San Diego County. (TL-SF) [Findings APPROVED]

5. CONDITION COMPLIANCE.

a. Condition Compliance for Permit No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible approval of Energy Minimization and Greenhouse Gas Reduction Plan submitted by Poseidon Resources to comply with Special Condition 10 for Permit No. E-06-013 approved by Commission in November 2007 for desalination facility, Carlsbad, San Diego County. (TL-SF) [APPROVED WITH MODIFICATIONS]

b. Condition Compliance for Permit No E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible approval of Marine Life Mitigation Plan submitted by Poseidon Resources to comply with Special Condition 8 for Permit No. E-06-013 approved by Commission in November 2007 for desalination facility, Carlsbad, San Diego County. (TL-SF) [APPROVED WITH MODIFICATIONS]

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. Appeal No. A-4-OXN-07-096 (Southern California Edison, Oxnard) Appeal by Southern California Edison from decision of City of Oxnard denying permit to construct and operate 45 megawatt “peaker” power plant, at 251 N. Harbor Blvd, Oxnard, Ventura County. (CT-SF) [TO CONTINUE]

8.  FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-041-08 (U.S. Army Corps of Engineers, Los Angeles Co.) Consistency determination by Corps of Engineers for maintenance dredging of Marina del Rey Harbor entrance channel, separation of clean sand from contaminated sediments, beach disposal of clean sand on Dockweiler State Beach, and upland disposal of contaminated sediments, Los Angeles County. (LJS-SF) [APPROVED]

ENFORCEMENT

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

10. Commission Cease & Desist Order No. CCC-08-CD-9 (Brown, Encinitas, San Diego Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Mike Brown, and his agents and successors, to address permit violations including, but not limited to (1) unpermitted development including, but not limited to, grading of bluff slope, placement of gravel on bluff face, and unpermitted construction of a blufftop deck; and (2) failure to obtain follow-up regular coastal development permits to authorize temporary emergency work (including grading, a seawall, and a rock revetment) as permanent development, as required by emergency permits 6-96-82-G, 6-96-110-G, 6-01-012-G, 6-00-171-G, and 6-01-042-G, at 836-838 Neptune Avenue, Encinitas, San Diego County (APN 254-011-17). (EMH-SF) [POSTPONED]

11. Commission Restoration Order No. CCC-08-RO-4 (Brown, Encinitas, San Diego Co.) Public hearing and Commission action on proposed Restoration Order directing Mike Brown, , and his agents and successors, to (1) address and restore, in accordance with the terms of the Orders, areas of site where unpermitted development, including but not limited to rock revetment, grading of bluff slope, placement of gravel on bluff face, and unpermitted construction of blufftop deck, has occurred; and (2) restore impacted areas to the condition the areas were in before Coastal Act violations occurred, at 836-838 Neptune Avenue, in Encinitas, San Diego County (APN 254-011-17). (EMH-SF) [POSTPONED]

12. Notice of Violation No. CCC-08-NOV-3 (Brown, Encinitas, San Diego Co.) Public hearing and Commission action on existence of violation of Coastal Act, which, if found, will result in recordation of Notice of Violation identifying unpermitted development by Mike Brown, owner of property located at 836-838 Neptune Avenue, in Encinitas, San Diego County (APN 254-011-17). (EMH-SF) [POSTPONED]

13. Commission Cease & Desist Order No. CCC-08-CD-8 (Sonnie, Encinitas, San Diego Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Richard Sonnie, and his agents and successors, to address permit violations including, but not limited to (1) unpermitted development including, but not limited to, grading of bluff slope, placement of gravel on bluff face, and unpermitted construction of blufftop deck; and (2) failure to obtain follow-up regular coastal development permits to authorize temporary emergency work (including grading and a seawall) as permanent development, as required by emergency permits 6-96-84-G, 6-96-117-G, 6-00-171-G, and 6-01-042-G, at 858-860 Neptune Avenue, in Encinitas, San Diego County (APN 254-311-05). (EMH-SF) [POSTPONED]

14. Commission Restoration Order No. CCC-08-RO-3 (Sonnie, Encinitas, San Diego Co.) Public hearing and Commission action on proposed Restoration Order directing Richard Sonnie, and his agents and successors, to (1) address and restore, in accordance with the terms of the Orders, areas of site where unpermitted development, including but not limited to grading of bluff slope, placement of gravel on bluff face, and unpermitted construction of blufftop deck, has occurred; and (2) restore such impacted areas to the condition the areas were in before Coastal Act violations occurred, at 858-860 Neptune Avenue, in Encinitas, San Diego County (APN 254-311-05). (EMH-SF) [POSTPONED]

15. Notice of Violation No. CCC-08-NOV-2 (Sonnie, Encinitas, San Diego Co.) Public hearing and Commission action on existence of violation of Coastal Act, which, if found, will result in recordation of Notice of Violation identifying unpermitted development by Richard Sonnie, owner of property located at 858-860 Neptune Avenue, in Encinitas, San Diego County (APN 254-311-05). (EMH-SF) [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:

Beard et al. v. Bank of America National Trust & Savings Assn. et al., Govt. Code § 11126(e)(2)(A).
CCC v. U.S. Department of the Navy et al., Govt. Code § 11126(e)(2)(A).
Natural Resources Defense Council et al. v. Winter et al., Govt. Code § 11126(e)(2)(A).
City of Carlsbad v. CCC, Govt. Code § 11126(e)(2)(A).
City of Malibu v. Douglas, CCC, Govt. Code § 11126(e)(2)(A).
Coastal Law Enforcement Action Network et al. v. CCC et al. (Signal Landmark et al., RPI), Govt. Code § 11126(e)(2)(A).
Pacific Shores Subdivision California Water District et al. v. California Dept. of Fish & Game et al., Govt. Code § 11126(e)(2)(A).
Revell v. CCC et al., Govt. Code § 11126(e)(2)(A).
Surfrider Foundation et al. v. CCC (Poseidon Resources (Channelside) LLC et al. RPI), Govt. Code § 11126(e)(2)(A).
Appeal of Foothill/Eastern Transportation Corridor Agency to U.S. Secretary of Commerce, Govt. Code § 11126(e)(2)(A).
Electric Pointe, LLC et al. v. City of Los Angeles, CCC, Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al., Govt. Code 11126(e)(2)(A).

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

16. APPROVAL OF MINUTES.

17. COMMISSIONERS' REPORTS.

18. CONSERVANCY REPORT.

19. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

20. DEPUTY ATTORNEY GENERAL'S REPORT.

21 EXECUTIVE DIRECTOR’S REPORT including report on legislation and water quality.

a. Status Report on project to replace whale tail license plate image. (PD/HS – SF)

b. Interagency Agreement. Approval of transfer of federal funds to San Francisco Bay Conservation and Development Commission for implementation of California Coastal Management Program for Fiscal Year 2008-2009. (SH/AM – SF)

c. Legislation.  The Commission will hear a report and may act on legislation. (SC-SAC)
 

8:00 a.m.

THURSDAY, AUGUST 7, 2008

1. CALL TO ORDER.

2. ROLL CALL.

CENTRAL COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 3-07-47 (Atre, Santa Cruz Co.) Application of Shakuntala Atre Trust to recognize as-built emergency revetment repair, to replace revetment section between 2 seawalls with contoured vertical seawall, and to allow for future maintenance episodes for armoring fronting, at 2866 South Palisades Avenue in Live Oak beach area, Santa Cruz County. (SC-SC) [APPROVED]

SOUTH COAST DISTRICT

4. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 5-08-137 (Guardi, Huntington Beach) Application of Andre & Shelly Guardi to remove wooden deck cantilevered 5 ft. beyond bulkhead and replace with 40 ft. long concrete deck cantilevered 5 ft. beyond bulkhead, proposed deck includes 42 in. high railing with three, 44 in. high wood posts with stone veneer, along perimeter of deck, at 17042 Baruna Lane, Huntington Beach, Orange County. (MV-LB) [APPROVED]

5. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-08-39 (Panas, Los Angeles Co.) Application of Gary M Panas to add attached 2-car garage and 1,600 sq. ft. living area to existing 2-story, 1,456 sq.ft. duplex, resulting in 3-level, 30-ft. high (with 35-ft. high roof access structure), 3,056 sq. ft. duplex, at 2343 Ocean Ave, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-72 (Schneider, Seal Beach) Application of Andrew Schneider to demolish single-family home and construct ocean-fronting, 2,878 sq. ft., 25-ft. above grade, two-story single-family home with attached 484 sq. ft., two (2)-car garage.  No grading is proposed, at 1315 Seal Way, Seal Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-08-107 (Bone, Newport Beach) Application of Ronald & Colleen Bone to demolish single family home and construct 4,105 sq. ft., 2 story, 27 ft. high single family home with attached 810 sq. ft., 3-car garage on harbor front lot, at 14 Balboa Coves, Newport Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

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 Long Beach office at (562) 590-5071.

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

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

a. City of Huntington Beach HNB-MAJ-1-06 (Parkside) - Certification Review. Concurrence with Executive Director's determination that action by City of Huntington Beach, accepting certification of HNB-MAJ-1-06 with modifications, is legally adequate, an approximately 50 acre site located adjacent to and west of Graham Street, north of the Wintersburg Garden Grove flood control channel, and south of Kenilworth Drive, Huntington Beach, Orange County. (MV-LB) [APPROVED]

9. NEW APPEALS.  See AGENDA CATEGORIES.

a. Application No. A5-EMB-08-193 (Johnson, Laguna Beach) Appeal by George Lopez of County of Orange Local Coastal Development Permit PA07-0069 granting permit to Bob and Ali Johnson for demolition of two existing, single family residences, and construction of new 9,006 sq. ft., two-story, single family home with basement level which will straddle the two lots, at 162 & 164 Emerald Bay Drive, Laguna Beach, Orange County. (GB-LB) [NO SUBSTANTIAL ISSUE FOUND]

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

a. Application No. A5-DPT-05-306 (Safari, Dana Point) Application of Mehrdad Safari to develop part of 14.66 acre vacant lot containing sensitive habitat with 19,448 sq. ft., two-story, single-family home; including 3,742 sq. ft., two-story, detached theatre/bowling alley; 400 sq. ft. detached observatory; detached 820 sq. ft. caretaker’s residence, retaining walls up to 21 ft. to stabilize slope adjacent to Caribbean Drive and to create vehicular access, building pads, and outdoor living areas for property located in Residential Single Family 2 (RSF 2) and Open Space (OS) Zones, at 32354 Caribbean Drive, City of Dana Point, Orange County. (FSY-LB) [POSTPONED]

b. Application No. 5-07-327 (Livoni Second Family Limited Partnership, Newport Beach) Application of Richard Livoni Second Family Limited Partnership to remove unpermitted retaining walls and beach access stairway from bluff face, regrade lower bluff to natural contours, add new caisson-supported deck with enclosed bathroom and spa equipment room on upper bluff face, extend bluff face deck, and construct new, at-grade pathway from new deck to beach.  Grading will consist of 163 cu. yds. of cut, 10 cu. yds. of fill, and 153 cu. yds. of export.  Landscaping is also proposed, at 3335 Ocean Boulevard, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS in Part/DENIED in Part]

c. Application No. 5-08-61 (Huntington Beach Wetlands Conservancy, Huntington Beach) Application of Huntington Beach Wetlands Conservancy for wetland restoration including excavation and dredging, lowering of flood control levees adjacent to restoration areas and creation of inlets within levees, and construction of flood control levees adjacent to Magnolia Street, at Pacific Coast Highway/Newland St, Huntington Beach, Orange County. (MV-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

d. Application No. 5-08-68 (Golovko, Orange Co.) Application of Constantine Golovko to demolish and re-construct 720 sq. ft. deck over coastal waters for single-family home at 16862 Bayview Drive, Sunset Beach (Orange County) (LR-LB). [POSTPONED]

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

a. Permit No. 5-98-307-A (Griswold, Orange Co.) Request by Charles & Valerie Griswold for modifications to previously approved single family home including minor excavation to lower the pad elevation and redesign of roofline, at 29 Bay Dr., Laguna Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

12. REVISED FINDINGS.  See AGENDA CATEGORIES.

a. Appeal No. A-5-HNB-07-242 (Signal Landmark, Huntington Beach) After the fact approval of entry monument for “Brightwater” residential development consisting of 10 ft. 6 in. high, decorative block wall and trellis structures located within portions of public right-of-way, at 17261 Bolsa Chica Street, Huntington Beach, Orange County. (MV-LB) [Findings APPROVED]

13. VESTED RIGHTS CLAIM.  See AGENDA CATEGORIES.

a. Claim of Vested Rights No. 5-07-412-VRC (Driftwood Properties, LLC, Laguna Beach) Claim of vested rights by Driftwood Properties LLC for graded pads and right to maintain those pads, including fuel modification in compliance with requirements of City of Laguna Beach, at vacant land at northern terminus of Driftwood Drive, Laguna Beach, Orange County. (KFS-LB/LW-SF) [POSTPONED]

SOUTH COAST DISTRICT (Los Angeles County)

14. 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.

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

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

a. City of Redondo Beach LCP Amendment No. RDB-MAJ-2-8 - Time Extension. Public hearing to extend the 90-day time limit for action on City of Redondo Beach LCP amendment which consists of adoption of Coastal Land Use Plan and Coastal Zoning Ordinance amendments for the remaining uncertified area (Area 2) within the Coastal Zone. Area 2 consists of the power generating plant area located west of Catalina Ave, and harbor and pier areas.  The proposed amendment also includes elimination of current geographic segmentation of the City’s Coastal Zone. (GB-LB) [Time Extension APPROVED]

17. NEW APPEALS.  See AGENDA CATEGORIES.

a. Application No. A-5-PPL-08-177 (Cirillo, Pacific Palisades) Appeal by Stuart Sckoolnick from decision of City of Los Angeles granting a permit with conditions to Joe Cirillo for grading and construction of a single-family home on vacant 3,681 sq. ft. hillside lot., at 17713 W. Posetano Road, Pacific Palisades, Los Angeles County. (CP-LB) [NO SUBSTANTIAL ISSUE FOUND]

b. Application No. A-5-PPL-08-178 (Cirillo, Pacific Palisades) Appeal by Stuart Sckoolnick from decision of City of Los Angeles granting a permit with conditions to Joe Cirillo for grading and construction of a single-family home on vacant 3,888 sq. ft. hillside lot, at 17719 W. Posetano Road, Pacific Palisades, Los Angeles County. (CP-LB) [NO SUBSTANTIAL ISSUE FOUND]

c. Application No. A-5-PPL-08-192 (Giovine, Pacific Palisades)  Appeal by Coastal Commission Executive Director Peter Douglas from decision of City of Los Angeles Local Coastal Development Permit ZA-2008-0353 (CDP) granting permit with conditions to Tom and Elizabeth Giovine for the construction, use and maintenance of underground soldier piles and grade beam system to increase the factor of safety of existing two-story single family home on 31,856 sq. ft. lot on south side of Corona Del Mar just north of Pacific Coast Highway, at 14984 Corona del Mar, Pacific Palisades, Los Angeles County. (GB-LB) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

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. 5-06-360 (Walbridge, Pacific Palisades) Application of Steve Walbridge for after-the-fact request to demolish single-family home and construct 28-ft. high 12,493 sq. ft. single-family home with basement and attached 3-car garage, 12-ft. high retaining wall in rear portion of property, and 1,350 cu.yds. of grading (950 cu.yds., cut, 400 cu.yds., fill), including construction of new swimming pool, at 431 Alma Real Drive, Pacific Palisades, Los Angeles County. (AJP-LB) [POSTPONED]

b. Application No. 5-08-24 (City of Long Beach Department Of Parks, Recreation & Marine, Long Beach) Application of City of Long Beach for after-the-fact application to place two 10-ft. high, 200 sq. ft. storage boxes in Alamitos Bay Marina public parking lot, at 255 Marina Drive, Long Beach, Los Angeles County. (CP-LB) [POSTPONED]

SOUTH CENTRAL COAST DISTRICT

19. 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. County of Ventura Channel Islands Harbor Public Works Plan Amendment 1-04 (BISC) Certification Review. Concurrence with Executive Director’s determination that action by the County of Ventura, accepting certification of PWP Amendment No. 1-04, with suggested modifications, is legally adequate. (GT-V) [APPROVED]

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

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

a. City of San Buenaventura LCP Amendment No.SBV-MAJ-2-07. Public hearing and action on request by City of San Buenaventura to amend its LCP to replace the 1993 Downtown Specific Plan policies with the 2007 Downtown Specific Plan land use policies and implementation measures. (AT-V) [POSTPONED]

b. City of San Buenaventura LCP Amendment No. SBV-MAJ-1-08. Public hearing and action on request by the City of San Buenaventura to amend its LCP by adding the Midtown Corridors Development Code: Main Street and Thompson Boulevard. (AT-V) [POSTPONED]

c. Pepperdine University Notice of Impending Development No. 1-08 (Firestone Fieldhouse Addition). Public hearing and action on Notice of Impending Development by Pepperdine University for renovation and expansion of existing Firestone Fieldhouse recreational facility, at 24255 Pacific Coast Highway, Malibu, Los Angeles County. (DC-V) [APPROVED]

d. Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 2-08 (Pacific Corinthian Yacht Club Upper Level Expansion and Interior Building Improvements).  Public hearing and action on notice of impending development by Channel Islands Harbor to renovate the second floor of the Pacific Corinthian Yacht Club to add 720 sq. ft. of second floor unenclosed deck area and enlarge second floor lounge and restaurant by enclosing deck area under roof to add 285 interior sq. ft., located at 2600 S. Harbor Boulevard, Oxnard, Ventura County. (AT-V) [APPROVED]

22. 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. 4-07-144 (Dominguez, Los Angeles Co.) Application of Dan and Dianne Dominguez to construct 23-ft. high, 2-story, 2,231 sq. ft. single family home with 460 sq. ft. attached garage, 202 sq. ft. detached art studio, septic system, water well and tank, driveway, wood fencing, landscaping, and 276 cu.yds. of grading (26 cu.yds. cut, 250 cu.yds. fill), at 22262 Swenson Drive, Topanga, Los Angeles County. (JF-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 4-05-64 (Conrad, Los Angeles Co.) Application of Christian and Pamela Conrad to construct 2-story, 4,883 sq. ft. single-family home, septic system, retaining walls, Fire-Department turnaround, 7,500-gallon water tank, widen and pave existing driveway, 2,844 cu. yds. grading (1,206 cu.yds. cut; 1,638 cu.yds. fill), and request for after-the-fact approval of existing water well, at 1280 Latigo Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 4-07-100 (Decker Canyon LLC, Los Angeles Co.) Application of Decker Canyon, LLC. to construct two-story accessory 391 sq. ft. structure including recreation room with 171 sq. ft. deck over 325 sq. ft. partially enclosed pavillion with mechanical and storage closets; swimming pool and pool deck, spa, retaining wall, 5,000 gallon water tank, two stormwater dissipators, hydrant, and 720 cu. yds. of cut grading at 3000 Decker Canyon, Santa Monica Mountains, Los Angeles County. (SLG-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

d. Application No. 4-06-171 (Connolly, Los Angeles Co.) Application of Richard and Kimberley Connolly to construct 2-story, 7,306 sq. ft. single family home, detached 3,737 sq. ft. accessory garage, attached 308 sq. ft. garage, driveway, septic system, 7,500 gallon water tank, retaining walls, pool, 70’ x 55’ metal corral, public trail, 2,168 cu.yds. grading (1,048 cu.yds. cut and 1,048 cu.yds. fill), and storage of temporary 1,200-ft. construction trailer and temporary 160 sq. ft. construction storage container, at 2195 Little Las Flores Road, Topanga, Los Angeles County. (AT-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

e. Application No. 4-07-126 (Mitchell, Los Angeles Co.) Application of Ian Mitchell to construct 2-story 30-ft. tall, 3,021 sq. ft. single family home, 755 sq. ft. attached garage, 65’ x 15’ bridge, driveway, retaining walls, septic system, and 510 cu.yds. grading (50 cu.yds. cut and 460 cu.yds. fill), at 969 Old Topanga Canyon Road, Topanga, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

23. 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.

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

CENTRAL COAST DISTRICT

25. 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.

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

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

a. Monterey County LCP Amendment No. MCO-MAJ-2-07 Part 2 (Doud rezoning, Big Sur). Public hearing and action on request by Monterey County to modify the land use designation and zoning of a 2.5-acre parcel (from Outdoor Recreation (OR)/Open Space Recreation (OR) to Watershed and Scenic Conservation (WSC)/Watershed and Scenic Conservation (WSC/40)) located north of Garrapata Creek, south of Garrapata State Park, and west of Highway 1 in the Big Sur area of Monterey County. (KM-SC) [POSTPONED]

b. Monterey County LCP Amendment No. MCO-MAJ-1-08 Part 1 (Highway One-Salinas Road intersection). Public hearing and action on request by Monterey County to amend the LCP’s North County Implementation Plan (Sections 20.144.060.C.2 and 20.144.080.D.2) to allow certain public safety improvements at the Highway One-Salinas Road intersection, including a new overpass and frontage road, in the North County area of unincorporated Monterey County. (LO-SC) [APPROVED]

c. City of Marina LCP Amendment No. MAR-MAJ-1-08 (Second Units). Public hearing and action on request by the City of Marina to amend the LCP’s Implementation Plan to allow second units on residentially designated properties. (MW-SC) [APPROVED WITH MODIFICATIONS]

d. San Luis Obispo County LCP Amendment No. SLO-MAJ-1-06 Part 2 (Fiscalini Ranch). Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County accepting certification of LCP Major Amendment 1-06 Part 2 (Fiscalini Ranch) with modifications is legally adequate. (JB-SC) [APPROVED]

28. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal Number A-3-MCO-08-37 (Big Sur Preservation Alliance, Monterey County) Appeal by Commissioners Kruer and Shallenberger of Monterey County decision granting permit with conditions to the Big Sur Preservation Alliance for a lot line adjustment between three parcels totaling approximately 190 acres on a portion of the former Harlan Ranch north of Lucia along Highway 1 in the Big Sur area of Monterey County. (KM-SC) [POSTPONED]

29. 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-GRB-07-51 (IGIT Inc., San Luis Obispo Co.) Application of IGIT Inc. to construct mixed use development project including 20-unit condominium hotel, commercial-retail space, and 37-space underground parking garage, at intersection of Grand Avenue and Highway One adjacent to Meadow Creek, Grover Beach, San Luis Obispo County. (JB-SC) [APPROVED WITH CONDITIONS]

b. Application No. 3-08-13 (Cannery Row Marketplace, Monterey) Application of Cannery Row Marketplace for mixed use project (“Ocean View Plaza”) including retail and retail support; restaurant space; 38 market-rate condominiums, 13 affordable housing units; 377 parking spaces in garages; onsite desalination plant; replication of San Xavier Warehouse; community park; rehabilitation of historic Stohan’s building as history center; history plaza; and replication of historic utility bridge over Cannery Row (connecting inland and shoreline components of the project) along both inland and seaward sides of Cannery Row, at 457, 465, 470, 484, 565, 570 Cannery Row between Hoffman Street to the north, Monterey Bay to the east, Drake Street to the south, and Monterey Peninsula Recreation Trail to the west, in Monterey, Monterey County. (SC-SC) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

30. 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.

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

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

a. City of Carlsbad LCP Amendment No. 01-06A (Habitat Management Plan (HMP) Implementation Plan).  Public hearing and action on request of the City of Carlsbad to amend its LCP to include the Implementation Plan component of the certified Habitat Management Plan, included in their LCP as a Land Use Plan regulating development on lots containing ESHA and contained within the HMP Preserve.   (TR-SD) [WITHDRAWN]

b. City of Carlsbad LCP Amendment No. 01-06B (Habitat Management Plan (HMP)/  General Plan Amendment (GPA)).  Public hearing and action on request of City of Carlsbad to amend its LCP to revise certain land use and zoning designations on a total of 51 lots located within the Habitat Management Plan Hardline Preserve Area.  The land use and zoning modifications will change various existing land use and zoning designations including Commercial and/or Residential to Open Space, to restrict future development on these sites.  (TR-SD) [APPROVED WITH MODIFICAIONS]

c. City of Carlsbad LCP Amendment No. 01-07A (DKN Hotel).  Public hearing and action on request of City of Carlsbad to amend its LCP to modify the land use designation from Residential High Density (RH) to Travel Recreational Commercial (TR), with companion rezoning from R-3 to CT, on a portion of a site located on the east side of Carlsbad Blvd. between Pine and Oak Avenues to accommodate the development of a 28-unit standard operation hotel.   (TR-SD) [APPROVED]

d. City of Carlsbad LCP Amendment No. 3-07 (A & B) Time Extension.  Public hearing and action to extent 90-day time limit for Commission action on request of City of Carlsbad to amend both the Land Use Plan and Implementation Plan for the Village Redevelopment Area to update the Village Master Plan and Design Manual and amend the Mello II/West Batiquitos Lagoon segment to include the Ponto Beachfront Vision Plan as a guidance document into the City's LCP.  (TR-SD) [APPROVED]

e. City of San Diego LCP Amendment No. 2-08 (Brush Management). Public Hearing and action on re-submittal of City of San Diego request to amend its LCP to modify its Brush Management Regulations in the Coastal Zone to apply one standard City-wide and increase fire protection along the urban/wildland interface. The re-submittal includes only a few modifications to the ordinance approved by the Commission in February, 2007. (EL-SD) [APPROVED]

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

a. Application No. 6-07-134 (Matchinske, Brehmer & Caccavo, Solana Beach) Application of Megan Matchinske, David Brehmer & James and Kimberly Caccavo to construct 170-ft. long, 35-ft. high seawall, infill seacave and construct geogrid backfill structure, on bluff and public beach below 417 and 423 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-08-32 (Gessner, San Diego Co.) Application of Bradley and Debra Gessner to construct 3,664 sq. ft. 2-story home and 587 sq. ft. detached garage, with 1,750 cu. yds. of grading on 2.6-ac. vacant lot, at 1451 Rancho Serena Road, Rancho Santa Fe, San Diego County. (GDC-SD) [POSTPONED]
 

8:00 a.m.

FRIDAY, AUGUST 8, 2008

1. CALL TO ORDER.

2. ROLL CALL.

NORTH 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 Eureka office at (707) 445-7833.

a. City of Fort Bragg LCP Amendment No. FTB-MAJ-1-6 (LCP Update). Concurrence with Executive Director's determination that the resolutions and ordinances adopted by the City of Fort Bragg, accepting certification of FTB-MAJ-1-06 for a comprehensive update of its certified land use plan and implementation plan are legally adequate. (TST-E) [APPROVED]

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

5. NEW APPEALS.  See AGENDA CATEGORIES. 

a. Appeal No. A-1-MEN-08-30 (Mendocino Land Trust, Mendocino Co.) Appeal by John and Dee Patrick from decision of County of Mendocino granting permit with conditions to Mendocino Land Trust to open public access trail along State Highway One to the ocean bluff within an easement and install signage, fencing, and boardwalk areas to define the public trail, at 2300 Highway One, Albion, Mendocino County. (RSM-E) [POSTPONED]

6. 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-1-DNC-06-37 (JHP, LLC, Del Norte Co.) Appeal by Friends of Del Norte from decision of County of Del Norte granting permit with conditions to JHP, LLC for planned community subdivision of 54-ac. portion of 134-ac. parcel into 70 lots ranging in size from 0.47-ac. to 3.12 acres, at 2400 Lake Earl Drive, approximately 2 miles northeast of Crescent City, Del Norte County. (RSM-E) [APPROVED WITH CONDITIONS]

b. Application No. 1-08-11 (City of Arcata, Environmental Services Dept.) Application of City of Arcata, Environmental Services Department to create up to 4 seasonal wetland ponds to enhance habitat for water fowl and other water associated wildlife, at lands between Hwy 101 and Old Arcata Road, Arcata, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]

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

a. Permit No. 1-85-14-A (Riche, Mendocino Co.) Request by Lawrence L. & Carmen M. Riche to modify permit granted for single family home to accommodate revised house design for 1 story, 1,948 sq. ft. single family home, including attached 2-car garage and deck with 2,500 gal. water tank, propane tank, 1,360 sq. ft. paved driveway and parking area, septic system, and utility connections, and removal of 12 trees at 11400 Lansing Street, Mendocino, Mendocino County.
(TST-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

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

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

a. Application No. 6-07-125 (La Salle Hotel, San Diego) Application of La Salle Hotel Properties to remove 9,000 sq. ft., temporary event tent structure and 3 tennis courts, and construct single-story, 16,500 sq. ft. conference center within same area of existing 18-acre hotel/resort leasehold, at 1775 E. Mission Bay Drive, Mission Bay Park, San Diego, San Diego County. (EL-SD) [TO CONTINUE]

b. Appeal No. A-6-CII-08-28 (Moss, Carlsbad) Appeal by Commissioners Kruer and Wan from decision of City of Carlsbad granting permit with conditions to Steve and Janet Moss to demolish 2,100 sq. ft. home and construct 6,755 sq. ft. home, swimming pool and spa on 13, 650 sq. ft. bluff top lot, at 5015 Tierra Del Oro Street, Carlsbad, San Diego County. (TR-SD)  [APPROVED WITH CONDITIONS]

10. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-6-CII-08-18 (Byrne, Carlsbad) Appeal by Commissioners Kruer and Wan from decision of City of Carlsbad granting a permit to Richard Byrne to demolish wood stairs and construct concrete stairs, 130 sq. ft. concrete patio & retaining walls on coastal bluff, at 5001 Tierra Del Oro, Carlsbad, San Diego County. (TR-SD) [SUBSTANTIAL ISSUE FOUND, Permit DENIED at de novo Hearing]

b. Appeal No. A-6-ENC-08-35 (Cingular Wireless, Encinitas) Appeal by Wendy Moldow from decision of City of Encinitas granting permit with conditions to Cingular Wireless to trench & install utility lines for wireless telecommunication facility within paved private road, at 3631 Manchester Avenue, Encinitas, San Diego County. (GDC-SD) [NO SUBSTANTIAL ISSUE FOUND]

c. Appeal No. A-6-OCB-08-61 (Smith & Taylor, San Diego)  Appeal by Jeffrey Russell from decision of City of San Diego granting permit with conditions to  Daniel Smith & Michael Taylor to demolish two, one-story duplex structures (4  units total) and construct two attached residential units in a two-story, 5,203  sq. ft. structure over subterranean parking on 7,436 sq. ft. blufftop lot, at 1466  Pescadero Dr., Ocean Beach, San Diego, San Diego County. (LRO-SD) [NO SUBSTANTIAL ISSUE FOUND]

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Future Meetings: The next meetings of the Coastal Commission will be September 10-12, in Eureka and October 15-17, in Ventura.

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