10:00 a.m.

WEDNESDAY, JULY 8, 2009

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH CENTRAL COAST DISTRICT

3. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 4-09-003 (Theatricum Botanicum, Los Angeles Co.) Application of Ellen Geer, Theatricum Botanicum to install a photovoltaic system approximately 160 ft. northwest of existing outdoor stage built over 1-story storage building and within building’s fuel modification zone, and trenching along existing pathway to main service equipment adjacent to stage to place conduit, at 1419 Topanga Canyon Road, Topanga, Los Angeles County. (AJP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 4-09-004 (Walden, Los Angeles Co.) Application of Julie Walden to construct 2-story, 34-ft. high, 2,670 sq.ft. single-family home, with attached 2 car garage and septic system, at Robinson Road, Topanga, Los Angeles County. (AJP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 4-09-030 (Gepner, Los Angeles Co.) Application of Cary and Katherine Lucas Gepner to construct 1,200 sq.ft., 24-ft. high, 2 story accessory building consisting of 600 sq.ft., 3-car garage on first level, and 600 sq.ft. recreation room on second level, swimming pool, solar panels, replacement of driveway and 334 cu.yds. of cut grading, at 1375 Fernwood Pacific Drive, Topanga, Santa Monica Mountains Los Angeles County. (JJ-V) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL 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 Ventura office at (805) 585-1800.

a. City of Carpinteria LCP Amendment No. CPN-MAJ-2-07 (Green Heron Spring/Ellinwood Parcel) Certification Review. Concurrence with Executive Director’s determination that action by the City of Carpinteria, accepting certification of Amendment No. 2-07 with modifications, is legally adequate (AT-V). [APPROVED]

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

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

a. City of Santa Barbara LCP Amendment No. MAJ-1-09 (Santa Barbara Airport Rezone) Time Extension. Public hearing and action to extend the time limit for action for one year on City of Santa Barbara request to amend its LCP Implementation Plan by amending the Zoning Ordinance and map to change the zoning from of 9.04 acres of A-S-O, S-D-3 (Airport Approach and Operations Zone, Coastal Zone Overlay) to A-F, S-D-3 (Aviation Facilities Zone, Coastal Zone Overlay) on the Santa Barbara Airport located at 1503-1601 Cecil Cook Place and 90 Dean Arnold Place, City of Santa Barbara, Santa Barbara County. (JJ-V) [Time Extension APPROVED]

7. LONG RANGE DEVELOPMENT PLAN.

a. UCSB Long Range Development Plan Amendment 1-09 (Ocean Science Education Building) Time Extension. Public hearing and action to extend time limit to act on request by University of California, Santa Barbara to amend its LRDP to allow construction of Ocean Science Education Building consisting of maximum 31-ft. in height, 2-wing, 2-story 15,284 gross sq.ft. building (9,730 assignable sq. ft.), relocation of approx. 260 linear ft. of Class I bicycle bike path, relocation of service road, bus turnout, sidewalks, courtyard, landscaping, and grading on the Main Campus, University of California Santa Barbara, Santa Barbara County. (SLG-V) [Time Extension APPROVED]

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.

a. Application No. 4-07-101 (Smith, Los Angeles Co.) Application of Dennis Smith to construct 2-story, 33-ft. high, 6,290 sq.ft. single-family home with 2,445 sq.ft. subterranean basement/garage, septic system, access road with 3 hammerhead turnarounds, keystone retaining walls, and 11,266 cu.yds. of grading (6,288 cu.yds. cut, 4,978 cu.yds. fill), including restorative grading and revegetation of previously graded roadways and pad area, and request for after-the-fact approval to retain water well, 10,000-gal. underground water tank, existing ground-mounted solar panel array with utility shed and fencing, and to temporarily retain single-wide mobile home, 1 travel trailer, 2 storage containers, and tool shed during construction, at 2575 Applefield Lane, Santa Monica Mountains, Los Angeles County. (DC-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 8b below on July 7, 2009.]

b. Application No. 4-08-006 (Santa Barbara County, Goleta Beach) Application of Santa Barbara County to construct 500 ft. long, 20 ft. wide, permeable pile sand retention system and addition to Goleta Beach Pier consisting of 250 – 330 timber or composite fiberglass piles (18” – 20” in diameter) and timber decking; seasonal installation of approximately 1,200 ft. long, 3-5 ft. high winter sand berm for 5 years; remove approximately 1,500 linear ft. of rock rip rap at upcoast end of park; repair approximately 650 linear ft. of revetment at downcoast end of park, dredge approximately 500,000 cu.yds. of sand material from offshore location and place dredged material on beach immediately upcoast of pier for initial beach nourishment; and implement Adaptive Management and Monitoring Program involving periodic adjustments to permeable pile sand retention system and offshore dredging/beach nourishment on as-needed basis not to exceed 100,000 cu.yds. of material/year, at 5986 Sandspit Road, Santa Barbara County.
(SMH–V) [DENIED]

c. Application No. 4-08-71 (Betz, Los Angeles Co.) Application of Edward Betz to construct 6,799 sq.ft., 26.5-ft. high from existing grade single family home with 619 sq.ft. attached garage, and septic system on parcel with previously approved pad, including 2,037 cu.yds. of grading (437 cu.yds. cut and 1,600 cu.yds. fill) to restore the grade of a second pad area, at 25066 Mulholland Highway, Santa Monica Mountains, Los Angeles County. (BJC-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 8d below on July 7, 2009.]

d. Application No. 4-08-72 (Pepper, Los Angeles Co.) Application of Gayle Pepper to construct 5,005 sq.ft., 26-ft. high from existing grade single family home with 640 sq.ft. attached garage, septic system, and 3,530 cu.yds. of grading (1,370 cu.yds. cut and 2,160 cu.yds. fill), at 25080 Mulholland Highway, Santa Monica Mountains, Los Angeles County. (BJC-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

e. Application No. 4-09-13 (Mariposa Land Co., Malibu) Application of Mariposa Land Co. for permanent placement of rock rip-rap revetment along approx. 500-ft. section of the west bank of lower Malibu Creek, in follow-up to emergency permit No. 4-98-024-G, including revegetation of revetment site, at 3728 Cross Creek Road, City of Malibu, Los Angeles County. (DC-V) [POSTPONED]

[An addendum has been appended to the staff report for item 8f below on July 7, 2009.]

f. Application No. 4-09-15 (Sternberg, Los Angeles Co.) Application of Dr. James Sternberg to construct 2,139 sq.ft., 25.9-ft. high from existing grade single family home with attached 462 sq.ft. garage, 2 501 sq.ft. attached decks, private sewage disposal system, 774 cu.yds. of grading (699 cu.yds. of cut and 75 cu.yds. of fill), and construct 4 retaining walls, at 2501 Barrymore Drive, Malibu, Los Angeles County. (ADB-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

9. REVISED FINDINGS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 9a below on July 7, 2009.]

a. Application No. 4-06-163 (Malibu Valley Farms, Inc., Santa Monica Mountains, Los Angeles Co.) Malibu Valley Farms, Inc. granted permit with conditions for after-the-fact approval of equestrian facility used for horse breeding, raising, training, stabling, exercising, boarding and rehabilitation, including as-built riding arenas, fencing, dirt access road with 2 at-grade crossings through Stokes Creek, corrals, paddock, mare motel, shelters, covered pipe barns, tack rooms, barn, manure storage areas, and parking lot. The project also includes addition of vegetative swales, bioretention basin with riprap pad, and 0.5-ac. riparian restoration, and removal of various pipe and covered corrals, cross-tie areas, storage containers, and tack rooms, located at 2200 Stokes Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V) [APPROVED]

ENFORCEMENT

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

[Items 11 and 12 below share a single, combined staff report.]

[An addendum has been appended to the staff report for items 11 & 12 below on July 7, 2009.]

11. Commission Cease & Desist Order No. CCC-09-CD-01 (Ackerberg, Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Lisette Ackerberg, trustee of the Ackerberg Trust and owner of property to: 1) cease from engaging in further unpermitted development activities, including maintaining existing unpermitted development; 2) remove unpermitted development consisting of rock rip-rap, a wall, concrete slab and generator, fence, railing, planter, and landscaping from areas covered by lateral and vertical public access easements on the property; and 3) comply with conditions of existing permits and vertical and lateral public access easements, which provide for unobstructed public access over areas of the property covered by those easements, located at 22500 and 22466 Pacific Coast Highway, Malibu, Los Angeles County. (ANM-SF) [APPROVED]

12. Notice of Violation No. CCC-09-NOV-01 (Ackerberg, Malibu, Los Angeles Co.) Public hearing and Commission action identifying unpermitted development by Lisette Ackerberg, trustee of the Ackerberg Trust and property owner, on property located at 22500 and 22466 Pacific Coast Highway, Malibu, Los Angeles County. (ANM-SF) [APPROVED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

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

a. Port Master Plan Amendment No. 24 Port of Los Angeles. Public hearing and action on request by Port of Los Angeles Master Plan Amendment No. 24 to provide new disposal sites to accommodate the remaining dredge material generated by the approved Main Channel Deepening Project (PMPA No. 21), including additional dredging: 400,000 cu.yds. at the East Turning Basin; 170,000 cu.yds. at the Southwest Slip; and 500,000 cu.yds. for Main Channel entrance widening. Disposal sites include: 5 ac. at Berths 134-135 in the Northwest Slip; 8 ac. at Berths 243-245 (former Southwest Marine Shipyard) for contaminated sediment; 50 ac. at the Cabrillo Shallow Water Habitat site; and LA-2 ocean disposal site in the Port of Los Angeles. The land uses for the fill site at the Northwest Slip (Berths 134-135) will include “General Cargo” and “Other” (rail yard, roadways, utilities, etc.) and the Southwest Marine Shipyard fill will be designated as “Other”. (AP-LB) [APPROVED]

14. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-046-08 (Corps of Engineers, Los Angeles Co.) Consistency determination by U.S. Army Corps of Engineers for additional sites and capacity for dredged material disposal for the previously-approved Channel Deepening Project in the Port of Los Angeles. The Corps proposes to place approximately 3 million cu.yds. of dredged material at the Northwest Slip, Berths 243-245, and Cabrillo Shallow Water Habitat in the Port of Los Angeles, and at the LA-2 ocean disposal site, Los Angeles County. (LJS-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:

Coastal Law Enforcement Action Network v. CCC (Signal Landmark, RPI)  Govt. Code § 11126(e)(2)(A).
Coastal Law Enforcement Action Network v. CCC (Malibu Valley Farms, RPI)   Govt. Code § 11126(e)(2)(A).
McAllister v. CCC (Laube et al., RPI)  Govt. Code § 11126(e)(2)(A).
Martins Beach 1 and 2, LLC v. County of San Mateo, CCC (new lawsuit)  Govt. Code § 11126(e)(2)(A).
Norris et al. v. CCC et al.   Govt. Code § 11126(e)(2)(A).
Richard J. Livoni Second Family Limited Partnership v CCC et al.  Govt. Code § 11126(e)(2)(A).
More Citizens for Safe Water et al. v. CCC et al. (Montara Water & Sanitary District, RPI) 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).

15. APPROVAL OF MINUTES.

16. COMMISSIONERS' REPORTS.

17. CONSERVANCY REPORT.

18. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

19. DEPUTY ATTORNEY GENERAL'S REPORT.

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

21. RECEPTION. At the conclusion of the meeting the Commission will attend a reception hosted by San Luis Obispo County at Lopez Lake in Arroyo Grande.  Members of the public are welcome to join the Commission; however, because space is limited, attendance will be allowed on a first come/first served basis.  Members of the public wishing to attend will have to arrange their own transportation.  The cost for the reception is $20 per person.  If you wish to attend or want more information, please contact Vanessa Miller at 415-904-5201 by 5 p.m. on July 1, 2009.

9:00 a.m.

THURSDAY, JULY 9, 2009

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT (Los Angeles County)

3. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-08-209 (City of Long Beach Dept. of Parks, Recreation & Marine, Long Beach) Application of City of Long Beach Dept. of Parks, Recreation & Marine to repair eroded areas (using gravel, rocks and grout) along 500 linear ft. of riprap embankment at Marine Stadium East Launch Ramp, repair and seal public boat launch ramp, construct 500-ft. long walkway along the water (between the embankment and paved parking area), and install 6 public benches and three 4-ft. high entry signs, at 5413 Appian Way, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-09-88 (Wells, Venice) Application of Evan & Sakura Wells to demolish 2-story, 2,558 sq.ft. duplex on 2,640 sq.ft. lot facing walk street; and construct 3-level, 28-ft. high (with 38-ft. high roof access structure), 3,414 sq.ft. single-family home with attached 2-car garage, and landscape portion of adjoining 28th Avenue walk street, at 33 28th Ave., Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 3c below on July 7, 2009.]

c. Application No. 5-09-93 (City of Los Angeles Dept. of Public Works, Bureau of Engineering, Venice) Application of City of L.A., Dept. of Public Works, Bureau of Engineering to replace 5 Grand Canal tide sluice gates in same location with new gates, including structural repairs to gate supports and pipes; to be done in 2 phases using temporary coffer dams in order not to disrupt normal canal flushing schedule, at 200 Washington Blvd. (at Grand Canal Bridge), Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

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

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

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

a. City of Capitola LCP Amendment No. CAP-MAJ-1-09. Public hearing and action on request by City of Capitola to amend the LCP to create a new parking meter zone and to raise parking meter rates in the Capitola Village area from $1.00 to $1.50 per hour. (SC-SC) [APPROVED]

b. Monterey County LCP Amendment No. MCO-MAJ-1-08 Part 2 (Sign/Billboard Ordinance). Public hearing and action on request by Monterey County to amend Chapter 20.60 and Section 20.68.070 of the certified LCP implementation plan to modify regulations governing signs and billboards, including prohibiting new billboards, throughout the County’s coastal zone. (KM-SC) [APPROVED WITH MODIFICATIONS]

c. San Luis Obispo County LCP Amendment No. SLO-MAJ-2-07 Part 1 (Secondary Dwelling Units). Public hearing and action on request by San Luis Obispo County to modify processing requirements and development standards for secondary dwelling units in the Residential Single Family, Residential Suburban, and Residential Rural land use categories. (JB-SC) [APPROVED WITH MODIFICATIONS]

d. San Luis Obispo County LCP Amendment No. SLO-MIN-2-07 Part 3 (Affordable Housing). Concurrence with the Executive Director’s determination that the request by San Luis Obispo County to amend certified LCP implementation plan standards for affordable housing is minor. (JB-SC) [APPROVED]

e. San Luis Obispo County LCP Amendment No. SLO-MIN-2-07 Part 4 (Condominium Conversions). Concurrence with the Executive Director’s determination that the request by San Luis Obispo County to amend certified LCP implementation plan standards related to condominium conversions in the LCP’s residential single-family and residential multi-family land use categories is minor. (JB-SC) [APPROVED]

f. San Luis Obispo County LCP Amendment No. SLO-MAJ-1-09 (Williamson Act). Time Extension Only. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to amend LCP provisions related to implementation of the Williamson Act. (JB-SC) [Time Extension APPROVED]

g. Santa Cruz County LCP Amendment No. SCO-MAJ-1-09 Part 2 (Timber Harvest on Agricultural Lands). Time Extension Only. Public hearing and action on extension of time limit to act on request by Santa Cruz County to amend the LCP and to add timber harvesting as an allowed use on land designated for Commercial Agriculture. (SC-SC) [Time  Extension APPROVED]

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. A-3-SLO-01-040 (Brett, San Luis Obispo Co.) Application of Harold Brett for a rip-rap revetment on bluffs fronting 463 Lucerne Road in the Cayucos area of San Luis Obispo County. (JB-SC) [APPROVED WITH CONDITIONS]

b. Application No. 3-09-016 (City of Capitola Fireworks) Application of City of Capitola for fireworks display on September 2, 2009 at the Capitola Wharf in Capitola, Santa Cruz County. (SC-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

8. 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. 3-92-063-A2 (Abalonetti's Restaurant, Monterey) Request by Abalonetti's Restaurant to expand permitted configuration of the restaurant, including adding more exterior tables, on Fisherman's Wharf in Monterey, Monterey County. (MW-SC) [POSTPONED]

SOUTH COAST DISTRICT (Los Angeles County)

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 Long Beach office at (562) 590-5071. [APPROVED]

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

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

[An addendum has been appended to the staff report for item 11a below on July 7.]

a. City of Redondo Beach RDB-MAJ-2-08 (Area 2 Certification). Public hearing and action on request by the City of Redondo Beach to amend its certified Land Use Plan and Implementation Plan in order to certify the remaining uncertified area (Area 2) of the Redondo Beach Coastal Zone. Area 2 consists of the power generating plant area located west of Catalina Ave, and the harbor and pier areas of the City. The City also requests the elimination of the current geographic segmentation of the Coastal Zone in conjunction with these amendments.  The City proposes to remove the various, and conflicting development standards that exist for Area 2 between the certified LUP, Harbor/Civic Center Specific Plan and the existing zoning regulations.  The amendment request includes a development cap of 400,000 square feet of floor area for new development within the entire Harbor/Pier area, changes the zoning designations for the Harbor/Pier area from Waterfront to Coastal Commercial 1 – Coastal Commercial 5 with specific development standards for each of the new zones and addresses specific requirements for limited use overnight visitor accommodations. (GB-LB) [APPROVED WITH MODIFICATIONS]

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.

[An addendum has been appended to the staff report for item 12a below on July 2]

a. Application No. 5-08-285 (15 Voyage Street, LLC, Venice) Application of 15 Voyage Street, LLC to remove mobile construction office trailer from 2,280 sq.ft. lot, and construct 48-ft. high, 5,905 sq.ft. single-family home (plus attached 3-car garage), at 147 Via Marina (lot 23, Block 17, Del Rey Beach Tact, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-09-84 (Holiday-Panay Way Marina, LP, Marina Del Rey) Application of Holiday-Panay Way Marina, LP to demolish 182 boat slip marina and construct 87 slip marina including removal of piles, adding 79 new piles, replace ramps and dock floats, and install pump-out station, at 14025 Panay Way, Marina Del Rey, Los Angeles County. (AP-LB) [POSTPONED]

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

a. City of Imperial Beach LCP Amendment No. IMB-MIN-1-09 (Eco-Bike Transportation Plan). Concurrence with the Executive Director’s determination that the request by Imperial Beach to amend the certified LUP Circulation Element to promote bicycle circulation is minor. (DL-SD) [APPROVED]

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

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

a. City of Del Mar LCP Amendment No. DMR-MAJ-1-09 (Modifications to Parking Requirements).  Public Hearing and action on extension of time limit to act on request by the City of Del Mar to amend its LCP, both LUP and IP, to address common, shared and off-site parking, parking spaces for persons with disabilities, and establish an in-lieu fee program for parking space reductions in the LCP as a whole.  (EL-SD) [APPROVED]

[An addendum has been appended to the staff report for item 15b below on July 8.]

b. City of Carlsbad LCP Amendment No. 3-07 (B). Public hearing and action on request of City of Carlsbad to amend its Implementation Plan to include the Ponto Beachfront Vision Plan as a guidance document into the City's LCP, for the Ponto Area of the West Batiquitos Lagoon segment. (TR-SD) [DENIED]

c. City of Encinitas LCP Amendment No. 2-08 (Sign Ordinance Revisions). Public hearing and action on request by City of Encinitas to amend its certified Implementation Plan by revising the City’s sign ordinance (Sec. 30.60) to ban new billboards and allow for sign message substitution. (GDC-SD) [POSTPONED]

15.5. NEW APPEALS.

[An addendum has been appended to the staff report for item 15.5a below on July 8.]

a. Appeal No. A-6-ENC-09-31 (Laser, Cardiff) Appeal by Nathan Johnson, Commissioners Wan and Shallenberger of decision of City of Encinitas granting permit with conditions to Ed Laser for boundary adjustment between 2 existing lots totaling 5.8 acres, construction of 5,205 sq. ft. single-family home with basement and detached 800 sq. ft. garage on 4 acre lot (Parcel A), construction of 5,696 sq. ft. single-family home with basement and 436 sq. ft. attached garage on 1.8 acre lot (Parcel B) and construction of driveway, retaining walls, associated grading and fuel modification clearance, at 2833 Manchester Avenue, Cardiff, Encinitas, San Diego County. (GC-SD) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

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.

[An addendum has been appended to the staff report for item 16ab below on July 8.]

a. Application No. 6-08-73 (DiNoto et. al., Solana Beach) Application of Tom DiNoto, Kari de Burgh & John Cumming to construct 94-ft. long, 35-ft. high seawall, reconstruct portions of upper bluff using geogrid structure below 365 & 367 Pacific Ave., recontour existing geogrid structure below 371 Pacific Ave. and reconstruct patio area on reconstructed bluff below 365 Pacific Ave., at 365, 367 and 371 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 6-09-23 (UCSD, San Diego) Application of the University of California, at San Diego to construct 9-story, 99.5-ft. high, 95,000 sq.ft. residential student apartment building on 32,152 sq. ft. landscaped area, at Muir College, UCSD Campus, La Jolla, San Diego, San Diego County. (LRO-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

17. 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.

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

19. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-2-SMC-09-12 (Szewczak, San Mateo Co.) Appeal by Committee for Green Foothills of decision of County of San Mateo granting permit with conditions to James Szewczak for construction of 700-ft. long driveway and house pad for previously approved single-family home and stable, at 5005 Stage Road, San Gregorio, San Mateo County. (RP-SF) [POSTPONED]

9:00 a.m.

FRIDAY, JULY 10, 2009

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT (Orange County)

3. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-102 (O’Brien, Newport Beach) Application of Mr. and Ms. John O’Brien to demolish 1-story single family home and construct new 2,143 sq.ft., 29-ft. high, 2-story single family home with attached 410 sq.ft. garage, roof deck, minimal grading for site preparation, hardscape improvements and minimal landscaping located on beachfront lot, at 3905 Seashore Drive, Newport Beach, Orange County. (LR-LB) [POSTPONED]

b. Application No. 5-09-105 (Norberg, Laguna Beach) Application of Donald Norberg to remodel single family home consisting of lower level 2 bedroom, 2 bath, family room and storage room addition; outdoor spa, outdoor half spiral stair to access new lower level, interior remodel of upper street level and 307 cu.yds. cut/fill grading for semi-subterranean addition located on bluff top lot, at 86 South La Senda, (Three Arch Bay) Laguna Beach, Orange County. (LR-LB) [POSTPONED]

SOUTH COAST DISTRICT (Orange County)

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 Long Beach office at (562) 590-5071.

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

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. Application No. 5-09-106 (Richard J. Livoni Second Family Limited Partnership, Newport Beach) Application of Richard J. Livoni Second Family Limited Partnership to remove existing unpermitted retaining walls and beach access stairway from bluff face, regrade lower bluff to natural contours, add to residence new caisson-supported deck with enclosed bathroom and spa equipment room on upper bluff face, extend existing bluff face deck, and construct new at grade pathway from new deck to beach, landscaping and grading consisting of 163 cu.yds. of cut, 10 cu.yds. of fill, and 153 cu.yds. of export to location outside of coastal zone, at 3335 Ocean Blvd., Newport Beach, Orange County. (TH-LB) [POSTPONED]

b. Application No. 5-09-113 (City of Newport Beach) Application of City of Newport Beach for habitat restoration consisting of dredging 107,400 cu.yds. (6.46 ac.) and fill 63,100 cu.yds (5.32 ac.); realign Back Bay Drive and restore 3.6 ac. of historic tidal wetlands at mouth of Big Canyon Creek; construct 4 new culverts under realigned Back Bay Drive; dredge 40,635 cu.yds. (4.29 ac.) and fill 12,515 cu.yds. (0.72 ac.); re-grade Big Canyon Creek into new flood control conveyance channel 140’ wide and 9’-16’ deep; existing freshwater marsh modification requiring 47,310 cu.yds. (4.35 ac.) dredge and 34,650 cu.yds. (2.29 ac.) fill; remove invasive plant species and plant native species; relocate 35-space public parking lot and restroom facilities; 1,100 sq.ft. amphitheater in new interpretive area, trails, new entrance from Jamboree Road to existing sewer maintenance road and sewer road erosion protection work located in Big Canyon Creek Nature Park in Newport Beach, Orange County. (LR-LB) [POSTPONED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

7. 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.

NORTH 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 Eureka office at (707) 445-7833.

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

10. NEW APPEALS.  See AGENDA CATEGORIES. 

a. Appeal No. A-1-MEN-09-23 (Wernette, Mendocino Co.) Appeal by Duane M. Hines & Richard & Judith Turnlund from decision of County of Mendocino granting permit with conditions to George & Jerri Wernette for construction of a 2-story single-family home with 1,950(+/-) sq.ft. of living space and 350(+/-) sq.ft. attached garage, including installation of a sewage pump tank with connection to off-site septic disposal services, connection to community water and utilities, and installation of driveway, retaining walls, LPG tank, generator, and on-site drainage infrastructure, at 38454 Robinson Reef Drive, Gualala, Mendocino County. (RSM-E) [POSTPONED]

11. 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-MEN-07-28 (Jackson-Grube Family, Inc., Mendocino Co.) Appeal by (1) Molly Warner & Britt Bailey, (2) Commissioners Kruer & Wan, (3) Mendocino Group Sierra Club, Friends of The Ten Mile, (4) Margery S. Cahn Trust & Whiting Family Revocable Trust from decision of County of Mendocino granting permit with conditions to Jackson-Grube Family, Inc. for building a 7-unit inn in 2 phases. Phase I would consist of (1) demolition, reconstruction, and expansion of the former Orca Inn into 2,961 sq.ft., 25-ft. high 3-bedroom guest suite unit and northward extension of building containing enclosable 831 sq.ft. outdoor activity area, 255 sq.ft. caterer's kitchen, 693 sq.ft. conference room, 1,089 sq.ft. guest suite unit and 833 sq.ft. guest suite unit, (2) 1,276 sq.ft., 2-story manager's unit, (3) 1,269 sq.ft. equipment barn, 648 sq.ft. maintenance shop, and (4) 240 sq.ft. generator/pump shed. Phase II would consist of (1) 2 guest suite units within detached bunkhouse of 531 sq.ft. and 757 sq.ft., (2) 2 separate guest suite cottages of 835 sq.ft. and 915 sq.ft., respectively, and (3) 778 sq.ft. spa, including wells, septic system, roads and underground utilities, located at 31502 North Highway 1, (4 miles south of Westport), Mendocino County. (RSM-E) [POSTPONED]

b. Application No. 1-08-10 (County of Humboldt Public Works Dept., Humboldt Co.) Application of County of Humboldt Public Works Dept. to improve public boat launch ramp and parking area by: (1) expanding parking area on County’s-owned parcel (relocate bathroom to accommodate parking expansion); (2) creating new parking area on Harbor District-owned parcel north of ramp; (3) installing new lighting; (4) installing signage and traffic control measures; and (5) installing tsunami warning siren, at Railroad Avenue, Fields Landing, Humboldt County. (MBK-E) [POSTPONED]

12. 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. 1-06-36-A (City of Arcata Environmental Services Dept., Humboldt Co.) Request by City of Arcata Environmental Services Dept. to modify permit granted for restoration of 240 acres of tidal marsh at McDaniel Slough to add 12 acres to proposed tidal marsh, expand brackish habitat, and enhance seasonal freshwater wetlands within open seasonal wetland pasture areas, adjacent to Arcata Bay south of Samoa Boulevard, west of South I Street, and south and east of the intersection of V Street and Old Samoa Road, Arcata, Humboldt County. (MBK-E) [POSTPONED]

Future Meetings:  The next meetings of the Coastal Commission August 12-14, 2009 in San Francisco and September 9-11, 2009 in Eureka.