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September 2008 Agenda

Wharfinger Building
1 Marina Way
Eureka, CA 95501
(707) 268-1859

This has been updated as of 12:30 p.m., Friday, September 12, 2008.

10:00 A.M.

WEDNESDAY, SEPTEMBER 10, 2008

1. CALL TO ORDER.

2. ROLL CALL.

SAN DIEGO COAST DISTRICT

3. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-08-64 (Kennick, San Diego) Application of Mr. & Mrs. Mike T. Kennick to demolish home and construct 3-story 30-ft. high 1,690 sq.ft. single family home with 2 car garage on 1,282 sq.ft. site, at 725 Yarmouth Court, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

4. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-08-15 (La Londe, Seal Beach) Application of Rudy La Londe to demolish single-family home and construct new ocean-fronting, 3,254 sq.ft. 3-story single-family home and 505 sq.ft. of seaside deck/patio areas (extending 10-ft. seaward, beyond property boundary, into land leased by Surfside Colony to applicant) and attached 420 sq.ft. 2-car garage, including grading 123 cu.yds. or recompaction, and after-the-fact approval for transfer of 25’ x 0.90’ portion of land, at A107 Surfside, Seal Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-115 (Rogers, Newport Beach) Application of Joseph & Tina Rogers to demolish single family home and construct 2,610 sq.ft., 3-story, 27.5-ft. single-family home and 473 sq.ft. 2-car garage, hardscape improvements and minimal planter landscaping with drip irrigation on beach front lot, including after-the-fact approval of existing 8’x 30’ concrete patio and 3-ft. perimeter wall, within permitted ocean front encroachment area, at 6908 Ocean Front Avenue West, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

5. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-08-198 (Cargill Family Trust, Long Beach) Application of Cargill Family Trust to replace existing boat dock with new 6’x 26’ floating boat dock using existing davits on vertical seawall (no new piles), at 109 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

b. Application No. 5-08-202 (Dean Family Trust, Long Beach) Application of Dean Family Trust to replace existing 10’x 60’ boat dock with new same-sized floating boat dock using 2 existing piles (no new piles), and replace gangway, at 11 Sea Isle Drive, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

6. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-08-150 (Manjooran, Venice, Los Angeles Co.) Application of Prem Manjooran to demolish 416 sq.ft. single-family home on 2,400 sq.ft. canal-fronting lot and construct 3-story, 30-ft. high, 2,820 sq.ft. single-family home with attached 2-car garage, at 427 Carroll Canal, Venice, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-162 (Asher, Venice, Los Angeles Co.) Application of Peter & Wendy Asher to add 3-story garage onto rear of existing 2-story, 1,053 sq.ft. single-family home on 2,850 sq.ft. canal-fronting lot resulting in 3-level, 30-ft. high, 2,522 sq.ft. single-family home with attached 2-car garage, at 232 Sherman Canal, Venice, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-08-201 (Borden Family Trust, San Pedro, Los Angeles Co.) Application of Miriam Borden Family Trust to remodel and add 1,075 sq.ft. to existing 2,209 sq.ft. 1-story single-family home, at 2115 W. Paseo Del Mar, San Pedro, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL COAST DISTRICT

7. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 4-08-49 (Rieger, Ventura Co.) Application for Hans and Fran Reiger to add new 8’ x 50’ dock, install four new 14” x 14” pilings, and remove existing 30 ft. long ramp, at 3098 Seahorse Avenue, Ventura County. (AT-V) [APPROVED]

SAN DIEGO COAST DISTRICT

8. 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.

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

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

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

11. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-6-OCN-08-72 (S.D. Malkin, Oceanside) Appeal by Citizens for the Preservation of Parks & Beaches from decision of City of Oceanside granting permit with conditions to S.D. Malkin to construct max. 90 ft. high, 336 unit hotel, with 48 fractional units and 18,500 sq. ft. of commercial space on 2.75 acre site, at Pacific Street, between Seagaze Drive and Pier View Way, Oceanside, San Diego County. (TR-SD) [WITHDRAWN]

An addendum has been appended to the staff report for item 11b on Tuesday, September 9.

b. Appeal No. A-6-OCN-08-75 (Oceanside lot line adjustment). Appeal by Citizens for the Preservation of Parks and Beaches from decision of City of Oceanside granting permit with conditions to City of Oceanside to adjust lot lines of 1.26 acre site developed with multi-story Marina Towers condominium development and parking lot, at the entrance to the Oceanside Harbor, Oceanside, San Diego County. (TR-SD) [TO CONTINUE]

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.

Addenda have been appended to the staff reports for items 12a and 12b on Tuesday, September 9.

a. Application No. 6-08-32 (Gessner, San Diego Co.) Application of Bradley & 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)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 6-08-48 (Calif. Dept. of Parks & Rec., Imperial Beach) Application of California Department of Parks and Recreation to deposit 60,000 cu.yds. of sand from nearby source (Goat Canyon) onto beach as 4-month experiment for beach replenishment utilizing finer grain size, along Border Field State Park Beach, from approximately 1/2-mile south of the Tijuana River mouth to approximately 1/2-mile north of the Mexican border, Imperial Beach, San Diego County. (EL-SD)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

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

An addendum has been appended to the staff report for item 13a on Tuesday, September 9.

a. Permit No. 6-87-606-A2 (Rubin, San Diego) Request by Gerald Rubin & Stanlee Rubin to add 475 sq.ft. play/exercise room in basement of existing home, remove existing swimming pool and construct new swimming pool and spa on 16,878 sq.ft. blufftop lot, at 6206 Camino de la Costa, La Jolla, San Diego, San Diego County. (LRO-SD)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange 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.

a. City of Dana Point LCP Amendment No. DPT-MAJ-4-06 (Town Center). Certification Review. Concurrence with the Executive Director's determination that the action by the City of Dana Point, accepting certification of DPT-MAJ-4-06 with modifications, is legally adequate. (FSY-LB)  [APPROVED]

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

16. 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. 5-08-99 (Dewey, San Clemente) Application of John Dewey to demolish 1,802 sq.ft. 1-story single family home with attached garage built over 2 lots and construct 2 new single-family homes: (1) 3,269 sq. ft. 2-story 25-ft. tall with attached 447 sq.ft. garage on 7,208 sq.ft. canyon lot and (2) 529 sq. ft. 2-story 25-ft. tall, and attached 583 sq.ft. garage on 7,186 sq.ft. canyon lot. Grading consists of 200 cu.yds. of cut and 25 cu.yds. of fill, at 505 W. Avenida de los Lobos Marinios, San Clemente, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

17. PERMIT AMENDMENTS. See AGENDA CATEGORIESdescription on page 20. 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. 5-94-036-A3 (The Arches Restaurant, Newport Beach) Request by The Arches Restaurant to expand hours of operation of existing restaurant to include lunch service; from current restaurant hours: Mon-Fri, 5:00 pm to 11:00 pm to proposed new operating hours: Mon-Fri, 11:00 am-11:00 pm, with no change to existing Sat-Sun, 6:00am-11:00 pm service, at 508-29^th Street, Newport Beach, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

18. DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's Long Beach office at (562) 590-5071.

a. City of Manhattan Beach LCP Amendment No. MNB-MIN-01-08 (Mansionization). Public hearing and action on request by City of Manhattan Beach to amend its certified Local Coastal Program (LCP) by revising zoning provisions of LCP Implementing Ordinances (e.g., open space, setbacks, lot mergers, smaller homes, accessory structures) in order to limit mansionization (i.e., larger out-of-scale homes on consolidated lots replacing smaller homes in established residential areas). (CP-LB) [APPROVED]

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

20. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-LOB-08-218 (City of Long Beach Dept. of Parks, Rec. & Marine, Long Beach) Appeal by Laurence Goodhue & Kerrie Aley from decision of City of Long Beach granting permit to City of Long Beach Dept. of Parks, Recreation & Marine with conditions for (1) removal of a 1,500-ft. chain-link fence from the southwest side of Marine Stadium (from Bayshore Avenue to La Verne Avenue), and (2) removal of a 1,850-ft. chain-link fence on the southwest side of Marine Stadium (between La Verne Avenue and 3^rd Street) and replacement with a 1,850-ft. decorative wrought iron fence, at 5255 Paoli Way (Marine Stadium), Long Beach, Los Angeles County. (CP-LB) [POSTPONED]

21. 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. 5-08-159 (City of Santa Monica Redevelopment Agency, Santa Monica) Application of City of Santa Monica Redevelopment Agency to construct mixed use development consisting of 164 market-rate condominiums; 160 affordable rental units; 20,000 sq.ft. of ground floor retail/restaurant space, with 3,000 sq.ft. of outdoor dining; 619 parking spaces; public access improvements; landscaping with maximum height of structures between 65 to 96 ft. The project will be designed to achieve certified LEED Silver status and include photovoltaic system on the roof, at 1600-1800 E. Ocean Avenue, Santa Monica, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL COAST DISTRICT

22. 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.

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

24. 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) [WITHDRAWN]

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

c. City of San Buenaventura LCP Amendment No. SBV-MAJ-1-07 – Time Extension. Public hearing and action to extend time limit for one year on request by the City of Ventura to amend the certified LCP for the mixed-use development proposed on approximately 26.92 acres of vacant land and water in the Ventura Harbor area. (JF-V) [APPROVED]

An addendum has been appended to the staff report for item 24d on Monday, September 8.

d. City of Santa Barbara LCP Amendment No. SBC-MAJ-1-08. Public hearing and action on request by City of Santa Barbara to amend its LCP to update the land use and zoning designations for several properties in the Las Positas Valley that have been annexed from Santa Barbara County to the City of Santa Barbara. (JF-V) [TO CONTINUE]

25. 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. 4-05-154 (Page, Los Angeles Co.) Application of Ralph Page to construct 1 story 25.5-ft. high 3,400 sq.ft. single family home, detached 500 sq.ft. garage with 2 story 23-ft. high 750 sq.ft. guest house with 350 sq.ft. decks, driveway, septic system, retaining walls, temporary construction trailer, total grading 498 cu.yds. of cut, 498 cu.yds. of fill including unpermitted 50 cu.yds. cut and 50 cu.yds. fill grading, at 33383 Mulholland Highway, Malibu, Los Angeles County. (JJ-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 4-06-89 (Richardson, Los Angeles Co.) Application of Harold Richardson to construct 2 story 24-ft. high 3,660 sq.ft. single family home with attached 795 sq.ft. 3 car garage, underground water tank, septic system, 450-ft. long driveway with turnaround area, temporary construction trailer and residential mobile home, restore and replant about 200 lineal feet of existing driveway retaining 10-ft. wide maintenance driveway, restore and replant about 400 lineal feet of existing driveway and 6,609 cu.yds. of cut, 6,609 cu.yds. to be exported to offsite disposal site, at 21310 Saddle Peak Road, Topanga, Los Angeles County. (JJ-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 4-07-97 (Abedi & Hashemyar, Los Angeles Co.) Application of Hiwad Abedi & Mehnaz Hashemyar to construct 2 story 28-ft. high, 6,025 sq.ft. single family home, 675 sq.ft. guest house above 700 sq.ft. gym, and 641 sq.ft., 3-car garage, 1,388 sq.ft. decks and balconies, pool, spa, pond, gazebo, driveway, septic system, retaining walls, 150 cu.yds. of cut, 340 cu.yds. of fill, at Lot 7, Tract 38931, Piuma Road east of Woodbluff Road, Calabasas, Los Angeles County. (JJ-V) [POSTPONED]

d. Application No. 4-07-131 (Calleguas Municipal Water District, Ventura Co.) Application of Calleguas Municipal Water District to construct a 5,100-ft. long outfall pipeline to discharge tertiary treated wastewater and desalinated groundwater to the Pacific Ocean offshore of Port Hueneme Beach Park, Port Hueneme, Ventura County (JF-V) [POSTPONED]

e. Application No. 4-07-145 (Marshall & English, Ventura Co.) Application of Gemma Marshall and Deborah English for after-the-fact approval to subdivide existing 10.52 ac. lot into 2 separate lots (5.29 acres and 5.23 acres), at 1035 Henry Ridge Motorway, Santa Monica Mountains, Los Angeles County. (SMH-V) [DENIED]

26. NEW APPEALS. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 26a on Monday, September 8.

a. Appeal No. A-4-VNT-08-57 (Lifeguard Tower and Restroom, Ventura Co.) Appeal by Graham and Bella Galliford, Arnie and Sherri Friedman, Chester and Jane Haines, and Bob Jurik from decision of County of Ventura granting permit to Ventura County Harbor Department to construct a 1,700 sq.ft., maximum 33-ft. in height, lifeguard tower and public restroom building on Silver Strand Beach, west of the intersection of San Nicolas Avenue and Ocean Drive, County of Ventura. (SLG-V) [TO CONTINUE]

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:

Ailanto Properties, Inc. v. CCC 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).
Charles A. Pratt Construction Co., Inc. v. CCC  Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al.  Govt. Code § 11126(e)(2)(A).
Ocean Harbor House Homeowners Association v. CCC  Govt. Code § 11126(e)(2)(A).
Revell v. CCC et al.  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).
McNamee v. CCC et al. Govt. Code § 11126(e)(2)(A).
State of Washington v. Federal Energy Regulatory Commission, Govt. Code § 11126(e)(2)(C)

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).

27. APPROVAL OF MINUTES.

28. COMMISSIONERS' REPORTS.

29. CONSERVANCY REPORT.

30. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

31. DEPUTY ATTORNEY GENERAL'S REPORT.

The Legislative report linked below has been updated and reposted on Friday, September 5.

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

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

b. Legislative Report for September 2008. (SC-SAC)

33. Reception. The Commission and the public are invited to a reception hosted by the Greater Eureka Chamber of Commerce at Avalon Restaurant and Bar in Eureka following the conclusion of Wednesday’s hearing items. The cost per person is $20.00. Because space is limited, attendance will be available by reservation only. Members of the public who are interested in attending the reception should contact the Chamber at (707)442-3738.

9:00 a.m.

THURSDAY, SEPTEMBER 11, 2008

1. CALL TO ORDER.

2. ROLL CALL.

ENFORCEMENT

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

4. Commission Cease & Desist Order No. CCC-08-CD-08 (Sonnie, San Diego Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Richard Sonnie, owner of property (APN 254-311-05), and his agents and successors to cease and desist from conducting or maintaining further unpermitted development and to take other steps to address existing, ongoing permit violations including, including but not limited to: 1) unpermitted grading of bluff slope, placement of gravel on bluff face, and construction of a blufftop deck; and 2) failure to obtain follow-up coastal development permits to authorize temporary emergency work (including grading and construction of 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. (EMH-SF) [POSTPONED]

5. Commission Restoration Order No. CCC-08-RO-03 (Sonnie, San Diego Co.) Public hearing and Commission action on proposed restoration order directing Richard Sonnie, owner of property (APN 254-311-05), and his agents and successors, to: 1) restore, in accordance with the terms of the Orders, areas of the site where unpermitted development, including but not limited to, construction of a blufftop deck; and 2) restore impacted areas to the condition the areas were in before Coastal Act violations occurred, at 858-860 Neptune Avenue, in Encinitas, San Diego County. (EMH-SF) [POSTPONED]

6. Commission Cease & Desist Order No. CCC-08-CD-09 (Brown, San Diego Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Mike Brown, owner of property (APN 254-011-17), and his agents and successors to cease and desist from conducting or maintaining further unpermitted development and to take other steps to address existing, ongoing permit violations including, but not limited to: 1) unpermitted 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 and construction of a seawall and 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, in Encinitas, San Diego County. (EMH-SF) [POSTPONED]

7. Commission Restoration Order No. CCC-08-RO-04 (Brown, San Diego Co.) Public hearing and Commission action on proposed Restoration Order directing Mike Brown, owner of property (APN 254-011-17), and his agents and successors, to: 1) restore, in accordance with the terms of the Orders, areas of site where unpermitted development, including but not limited to, construction of a rock revetment and blufftop deck; and 2) restore impacted areas to condition the areas were in before Coastal Act violations occurred, at 836-838 Neptune Avenue, in Encinitas, San Diego County. (EMH-SF) [POSTPONED]

8. Notice of Violation No. CCC-08-NOV-03 (Brown, 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, property owner, on property (APN 254-011-17), at 836-838 Neptune Avenue, in Encinitas, San Diego County. (EMH-SF) [POSTPONED]

NORTH CENTRAL COAST DISTRICT

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

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

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

a. County of Sonoma LCP Amendment No. SON-MAJ-1-06 (Second Units). Public hearing and action on request by County of Sonoma to amend its certified Implementation Plan to revise procedures and standards for second dwelling units, add provisions for homeless shelters in urban zoning districts, specify minimum residential densities, and remove restrictions on Type A and C density bonus projects located within ¼ mile of a similar project. (DSM-SF) [APPROVED WITH MODIFICATIONS]

b. City of Half Moon Bay LCP Amendment No. HMB-MAJ-3-8-TE (Nurserymen’s Exchange). Time Extension. Public hearing and Commission action to extend time for action on City of Half Moon Bay request to change LUP map designation from Horticulture Business to Commercial Visitor Serving and to change zoning from A-1 (Exclusive Floriculture) to C-VS (Commercial Visitor Serving). (MC-SF) [Time Extension APPROVED]

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. Appeal No. A-1-HMB-99-22 (Ailanto Properties, Half Moon Bay) Application to modify previously approved permit to divide 114 acres into 65 lots, construct 63 detached single-family homes on lots and provide streets, open space lots and neighborhood park areas, adjacent to east end of Grand View and Terrace Boulevards, Half Moon Bay, San Mateo County. (MC-SC) [POSTPONED]

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.

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

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

a. Monterey County LCP Amendment No. MCO-MAJ-2-07 – Part 3 (Gorman/Tanglewood Parcel Rezone). Public hearing and action on request by Monterey County to amend the certified Local Coastal Program to rezone 17.03-acre parcel on Paradise Road (near Lake View Drive) in the Prunedale area of north Monterey County from LDR/B-7(CZ) to LDR(CZ). (KM-SC) [WITHDRAWN]

b. San Luis Obispo County LCP Major Amendment No. 2-07 (Parts 1 through 4) - Time Extension. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to amend various LUP and IP sections related to secondary dwelling units, the parks and recreation element, affordable housing, and condominium conversions. (JB-SC) [Time Extension APPROVED]

c. Santa Cruz County LCP Amendment No. SCO-MIN-1-08 – Part 1 (Affordable Housing Park Fees). Concurrence with the Executive Director’s determination that the request by Santa Cruz County to reinstate the park dedication fee for affordable ownership housing projects is minor. (SC-SC) [APPROVED]

d. City of Santa Cruz LCP Amendment No. STC-MAJ-1-08 – Part 1 (Beach/South of Laurel Design Guidelines). Public hearing and action on request by the City of Santa Cruz to exempt public or quasi-public projects from the requirements of the LCP’s Beach and South of Laurel Plan Design Guidelines. (SC-SC) [APPROVED]

16. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-SCO-07-29 (Zar, Santa Cruz Co.) Appeal by Jarl Saal of Santa Cruz County decision granting permit with conditions to Randy Zar to recognize existing commercial building and to construct new parking area and associated improvements, at 2000 McGregor Drive fronting Highway 1 in Aptos, Santa Cruz County. (SC-SC) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-3-SCO-08-36 (Naslund, Santa Cruz Co.) Appeal by Charles Paulden and Ross Eric Gibson of Santa Cruz County decision granting permit with conditions to Leila Naslund to demolish single family home and associated outbuildings (known locally as “Pleasure Point Roadhouse”), at 23905 East Cliff Drive, in Live Oak – Pleasure Point area, Santa Cruz County. (SC-SC) [NO SUBSTANTIAL ISSUE FOUND]

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

An addendum has been appended to the staff report for item 17a on Wednesday, September 10.

a. Application No. 3-08-005 (Port San Luis Harbor District, San Luis Obispo Co.) Application of Port San Luis Harbor District to perform routine harbor facility repair and maintenance activities for the next 5 years, at Port San Luis Harbor, in Avila Beach area, San Luis Obispo County. (JB-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

18. 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.

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

20. 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. E-08-008 (PG&E, Eureka) Application by Pacific Gas and Electric Company to install 12 modular office buildings, a radiation portal monitor and materials storage and construct staging areas within Humboldt Bay Power Plant site at 1000 King Salmon Avenue, City of Eureka, Humboldt County. (CLT-SF) [APPROVED WITH CONDITIONS]

b. Application No. E-07-007 (Southern California Edison, Catalina Island, Los Angeles Co.) Application by Southern California Edison to repair shoreline revetment by placing approximately 2,400 tons of rip-rap material above and below the mean high tide line, located at Pebbly Beach Generating Station one mile south of City of Avalon on Catalina Island, Los Angeles County. (CMC-SF) [APPROVED WITH CONDITIONS]

21. WORKSHOP on Use of Grazing for Managing Habitat at North Coast Public Wildlife Areas. Presentations by staff and experts on issues associated with the use of grazing to manage habitat at North Coast public wildlife areas including (1) benefits as a management tool; (2) impacts of grazing on habitat, and (3) implications for the review of coastal development permits. (RSM & JB-E) [POSTPONED]

22. Reception. The Commission and the public are invited to a reception hosted by O.R.C.A, Humboldt Baykeeper Association, and Humboldt Bay Stewards to take place on the Madaket cruise boat on Humboldt Bay, following the conclusion of Thursday’s hearing items. Space will be extremely limited and available by reservation only. A fee will be charged. Members of the public who are interested in attending the reception should contact the Commission’s Eureka office at (707) 445-7833.
 

9:00 a.m.

FRIDAY, SEPTEMBER 12, 2008

1. CALL TO ORDER.

2. ROLL CALL.

2.5. EXECUTIVE DIRECTOR’S REPORT.

a. Possible Cancellation of Meetings. Discussion and possible Commission action on potential cancellation of October and other future meetings because there is no adopted FY 08-09 state budget. (PD-SF)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

3. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. Federal Consistency Report. Update and public hearing on Bureau of Land Management’s (BLM) Humboldt Bay South Spit Management Area, the subject of BLM’s consistency determination CD-052-02. (LJS-SF)

b. CD-42-08 (U.S. Environmental Protection Agency, Statewide) Consistency Determination by U.S. Environmental Protection Agency for 2 draft National Pollutant Discharge Elimination System (NPDES) general permits for discharges incidental to normal operation of vessel: (1) NPDES Vessel General Permit (VGP) to cover discharges incidental to normal operation of commercial vessels and recreational vessels greater than or equal to 79-ft. in length, and (2) NPDES Recreational General Permit (RGP) to cover discharges incidental to normal operation of recreational vessels less than 79-ft. in length. (MPD-SF) [POSTPONED]

NORTH COAST DISTRICT

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

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

5.5. LOCAL COASTAL PROGRAMS (LCPs).

a. Del Norte County LCP Amendment No. DNC-MAJ-2-03 (LCP Update) Time Extension. Public hearing and action to extend time limit to act on LCP amendment submitted by Del Norte County for comprehensive update of its certified land use plan and implementation plan. (JSB-E) [Time Extension APPROVED]

6. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-1-MEN-08-30 (Mendocino Land Trust, Mendocino Co.) Appeal by John & 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 public trail, at 2300 Highway One, Albion, Mendocino County. (TST-E) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-1-DNC-08-33 (Pinger, Del Norte Co.) Appeal by Friends of Del Norte from decision of County of Del Norte granting permit with conditions to Edward Pinger to construct 2-story, approximately 4,400 sq.ft. single-family home with driveway and septic system, at 12510 South Indian Road, Smith River, Del Norte County. (RSM-E) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

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. 1-08-001 (Russ & Wilburn, Humboldt Co.) Application of Lane & Lisa Russ & Mary Anne Wilburn to merge and resubdivide 5 parcels totaling 446.3 acres into 4 parcels, merging all of property lying on west side of Copenhagen Road into a single 417.2 acre parcel and reconfiguring the 29.1 acres on east side of Copenhagen Road into 3 parcels so that the southern residence (currently on APN 308-141-10) is on its own parcel, the barn and northern residence are together on one parcel, and one parcel is undeveloped at 2281, 2287 & 2351 Copenhagen Road, Loleta, Humboldt County. (MBK-E) [POSTPONED]

An addendum has been appended to the staff report for item 7b on Friday, September 12.

b. Application No. 1-08-19 (Humboldt County Dept. of Public Works, Division of Aviation, Humboldt Co.) Application of Humboldt County Department of Public Works, Division of Aviation to improve Murray Field regional airport including (1) construction of wildlife exclusion fence on raised levees and abandoned railroad bed adjacent to airport; (2) replacement of runway and taxiway lighting system and Runway 11 Visual Approach Slope Indicator (VASI); (3) and reconfiguration of paved aircraft-tiedown area to separate transient and based aircraft, provide clear access to and from the runway and taxiway system, and to accommodate construction of 10 hangars, at 4100 Jacobs Avenue, Eureka, Humboldt County. (TST-E) [APPROVED WITH CONDITIONS]

An addendum has been appended to the staff report for item 7c on Thursday, September 11.

c. Application No. 1-08-20 (Miller & U.S. Fish & Wildlife Service, Humboldt Co.) Application of Dick & Joan Miller & U.S. Fish & Wildlife Service to rehabilitate 4,020-ft. of dikes along south and north banks of Mad River Slough by re-locating them or rebuilding them in place where appropriate to enable continued agricultural use of surrounding pasture land, restore 2.5-ac. of salt marsh habitat along Mad River Slough, restore 4.4-ac. riparian habitat, and enhance wetlands values on 12.3-ac. of pasture/seasonal freshwater wetland, at Mad River Road, Arcata, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]

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Future Meetings: The next meetings of the Coastal Commission will be October 15-17 in Ventura, November 12-14 in Long Beach, and December 15-17 in San Francisco.

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