You may view and listen to this meeting gavel to gavel live on the web.

When in session, see:

• Just the webcast
• Webcast and the agenda in a frames page
• Just the audio

See the video archive page for previous meetings.

You need to have at least version 9 of Windows Media Player installed on your computer.

 

Staff reports linked from individual agenda items below are in PDF (portable document format). Thus, if you have Adobe Reader, you should be able to read and print. If not, you can get it free of charge. To download it, click here, then follow the installation instructions. Please remember that any attachments or exhibits we could not provide here are available for inspection at the offices of the Commission during normal business hours.

The Coastal Commission cannot receive comments on any official business by electronic mail unless specifically indicated. Any information relating to official business should be sent to the appropriate Commission office using U.S. Mail or courier service. Anyone wishing to communicate with a Commissioner about any matter pending before the Commission should read and abide by the ex parte communications rules.

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

For all other communications, including interest regarding a specific project and a notification request concerning such an item, please contact the appropriate district office  to request to be on the mailing list.

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.

 

September 2009 Agenda

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

The phone number will only be in service during the meeting.

Please note: this is a one-day meeting.

This has been updated at 4 p.m., Wednesday, September 9, 2009.

9:00 a.m.

WEDNESDAY, SEPTEMBER 9, 2009

1. CALL TO ORDER.

2. ROLL CALL.

GENERAL PUBLIC COMMENT.  Public comments will be heard at 9 a.m. for no more than 30 minutes.  For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

SAN DIEGO DISTRICT

3. CONSENT CALENDAR . See AGENDA CATEGORIES.

a. Application No. 6-09-42 (University of California, San Diego, La Jolla)  Application of University of California, San Diego to provide landscaped open space areas (The Wedge IV), south of North Campus Housing (Phase I) at 9500 Gilman Drive (north Campus Neighborhood), La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles Co.)

4. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-111 (City of Hermosa Beach, Hermosa Beach)  Application of City of Hermosa Beach for streetscape and drainage improvements, including redesigning parking layout, improving pedestrian crossings, bicycle lane, landscaped median, landscaping with drought tolerant and non-invasive plantings, street furniture, public art, water infiltration, and water reclamation for irrigation, at Pier Avenue between Valley Drive and Hermosa Ave, Hermosa Beach, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange Co.)

5. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 5-09-132 (Smith Trust, Newport Beach) Application of E. Morris Smith Trust to demolish u-shaped wood dock and three(3) 14-in. square concrete piles and replace with new 8 ft. x 70 ft. long dock and five (5) 18-in. square concrete piles for support; the existing pier is to remain with addition of new 4 ft. x 4 ft. gangway lobe/pier supported by one (1) 12-in. “T” pile connecting to new 3 ft. x 24 ft. gangway approach to proposed new dock on bulkhead lot, at 501 Via Lido Soud, Newport Beach, Orange County. (LR-LB) [APPROVED]

6. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-08-058 (City of Seal Beach, Seal Beach)  Application of City of Seal Beach Department of Public Works to install new 60-in. storm drain (built to work alongside existing 54-in. storm drain pipe) and 25 new catch basins.  In addition, portions of existing storm drain will be abandoned in place, at Electric Avenue (between 12^th Street and Seal Beach Boulevard, Seal Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-09-83 (City of San Clemente, San Clemente) Application of City of San Clemente, Public Works Dept. to construct an approximately 100 linear ft. by 2 ft. wide and 10-14 ft. tall flood wall adjacent to concrete channel at downstream end where the Riviera Canyon undergrounded drainage daylights at Plaza La Playa Channel Outlet at mouth of Riviera Canyon, at Plaza La Playa Creek Channel Outlet, San Clemente, Orange County. (LR-LB) [POSTPONED]

c. Application No. 5-09-105 (Norberg Family Trust, Laguna Beach)  Application of Norberg Family Trust to remodel 1-story, single family home and add 800 sq. ft. lower level within footprint of home consisting of 2 bedrooms, 2 baths, family room and storage room; addition of lower level paved patio with outdoor spa and shower, outdoor half spiral stair to access new lower level; and 307 cu. yds. cut/fill grading for semi-subterranean lower level addition located on bluff top lot, at 86 S. La Senda, Three Arch Bay, Laguna Beach, Orange County. (LR-LB) [POSTPONED]

d. Application No. 5-09-112 (England Trust, San Clemente)  Application of Daniel E. England Trust to demolish single-family home and construct new 2-story and basement level, 7,570 sq. ft., 25 ft.-high single family home and 700 sq. ft. 3-car garage, landscaping, pool/spa, hardscape and grading consisting of 800 cu. yds cut and 50 cu. yds. fill for basement level on coastal canyon lot, at 1710 Calle De Los Alamos, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

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

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

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

a. City of Half Moon Bay LCP Amendment No. HMB-MIN-1-09 (Appeals Procedures). Concurrence with the Executive Director’s determination that the request by the City of Half Moon Bay to amend the certified Implementation Plan to consolidate appeal procedures is minor.  (TST-SF) [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 report on Thursday, September 3.]

11. Commission Cease and Desist Order No. CCC-09-CD-05 (Brown, City of Encinitas) Public hearing and Commission action on proposed Cease and Desist Order directing J. Mike and Patricia Brown, owners of property located at 836-838 Neptune Avenue in the City of Encinitas, San Diego County (APN 254-011-17), to cease and desist from conducting or maintaining further unpermitted development at or seaward of the aforementioned property and to take other steps to address existing violations including, but not limited to: 1) grading of bluff slope, placement of gravel on bluff face, and 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 27-ft. high, 100-ft. long seawall and a rock revetment consisting of ½ ton to 2-ton quarry stone) as permanent development, as required by Emergency Permits; and 3) Construction of bluff stabilization devices not in accordance with Emergency Permits. (HJ/AM– SF) [APPROVED]

12. Commission Notice of Violation No. CCC-09-NOV-05 (Brown, City of Encinitas) Public Hearing and Commission action on existence of a violation of the Coastal Act, which, if found, will result in recordation of a Notice of Violation identifying that unpermitted development -- including but not limited to, 1) placement of gravel on the face of a bluff, 2) the grading of the bluff, 3) construction of a bluff top deck, and 4) maintaining temporarily authorized emergency work including, but not limited to, a rock revetment, bluff-slope grading, and a 27-ft. high seawall, without authorization and without complying with the terms of the emergency permits – has occurred on property owned by J. Mike and Patricia Brown at, and seaward of 836-838 Neptune Ave (APN 254-011-17), City of Encinitas, San Diego County. (HJ/AM –SF) [APPROVED]

13. Commission Restoration Order No. CCC-09-RO-05 (Brown, City of Encinitas) Public hearing and Commission action on proposed Restoration Order directing J. Mike and Patricia Brown, owners of property located at 836-838 Neptune Avenue in the City of Encinitas, San Diego County (APN 254-011-17), to restore the coastal bluff impacted by unpermitted and temporarily authorized development, located at and seaward of the aforementioned property, by restorative grading, removal of gravel placed on the bluff-face, and revegetation of the bluff with native plant species. (HJ/AM- SF) [WITHDRAWN]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

14. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-046-09 (Bureau of Indian Affairs, Del Norte Co.)  Consistency determination by Bureau of Indian Affairs for acquisition of three parcels of land (5.39 acres) on the west side of Highway 101 in the town of Smith River into federal trust for the Smith River Rancheria,.  The parcels would subsequently be developed by the Rancheria for Tribal elder housing and a Tribal health clinic and safe house. (LJS-SF) [WITHDRAWN]

CENTRAL COAST DISTRICT

15. DEPUTY DIRECTOR’S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission’s Santa Cruz office at (831) 427-4863.  [APPROVED]

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

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

a. Santa Cruz County LCP Amendment No. SCO-MAJ-1-08 Part 3  (Small scale residential projects). Public hearing and action on request by Santa Cruz County to amend the LCP to simplify requirements related to certain smaller scale residentially-related projects, including accessory structures and second units. (SC-SC) [APPROVED]

18. LONG RANGE DEVELOPMENT PLAN.

a. UCSC Notice of Impending Development 1 (UCSC, Santa Cruz). UCSC’s notice of impending development for new outdoor research yard and for Overlook B public access improvements in lower terrace area of UCSC’s Marine Science Campus at Terrace Point in City of Santa Cruz, Santa Cruz County. (SC-SC) [APPROVED]

19. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-MCO-07-004 (Burke, Monterey Co.). Appeal by Commissioners Wan and Caldwell of Monterey County decision granting permit with conditions to Timothy and Dana Burke for lot line adjustment to reconfigure 3 undeveloped parcels to result in 3 lots of approximately 7 acres, 8 acres, and 40 acres south of Twin Peaks and west of Ventana Wilderness in the Los Padres National Forest near Palo Colorado Road in Big Sur area of Monterey County. (KM-SC) [POSTPONED]

b. Appeal No. A-3-SLO-09-035 (Beeger, San Luis Obispo Co.). Appeal by Walter and Ann Picker, and Barbara Seely of San Luis Obispo County decision granting permit with conditions to Cynthia Beeger for 1,450 sq. ft., third-story addition to existing 3,350 sq. ft. 2-story single family home at 4812 Windsor Drive in Cambria area of unincorporated San Luis Obispo County. (JB-SC) [NO SUBSTANTIAL ISSUE FOUND]

20. 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.

[Addenda have been appended to the staff reports for items 20a and 20b below on September 8.]

a. Permit No. A-3-CAP-99-023-A1 (Swan and Green Valley Corporation, Capitola). Request by Richard and Nancy Swan and the Green Valley Corporation to amend permit to eliminate the existing condition prohibiting future shoreline armoring (that applies to the Green Valley Corporation property) and to construct approximately 115-ft. section of contoured concrete seawall fronting that Green Valley Corporation property and adjacent to existing seawall on adjacent property (on the Swan property) on beach and bluffs fronting 4840 and 4850 Cliff Drive in Capitola, Santa Cruz County. (SC-SC) [TO CONTINUE]

b. Permit No. 3-04-027-A1 (City of Pacific Grove, Pacific Grove) Request by City of Pacific Grove to amend CDP to allow temporary parking meters and metered parking program to be continued permanently along Eardley Avenue, Dewey Avenue, Sloat Avenue, Oceanview Blvd., and Wave Street just downcoast of Monterey Bay Aquarium and near Hopkins Marine Station in Pacific Grove, Monterey County. (MW-SC) [moved to Consent Calendar, APPROVED WITH CONDITIONS]

NORTH COAST DISTRICT

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

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

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

[An addendum has been appended to the staff report for item 23a below on September 8]

a. County of Del Norte LCP Amendment No. DNC-MAJ-2-3 (LCP Update). Public hearing and action on request by County of Del Norte for a comprehensive update of its certified land use plan and implementation plan (JB-E) [TO CONTINUE]

b. County of Humboldt LCP Amendment No. HUM-MAJ-3-9  (Race Investments, LLC) . Public hearing and action on extension of time limit to act on request by County of Humboldt to amend the Certified Implementation Plan to rezone a 45-acre portion of a 151-acre property located off of Mitchell Road, east of Eureka from Coastal Commercial Timberland (TC/F, R) to Timberland Production Zone with Flood Hazard Area, Streams and Riparian Corridor Protection combining zones [TPZ/F, R]. (MBK-E) [Time Extension APPROVED]

c. Humboldt County LCP Amendment No. HUM-MAJ-2-9  (New Heart Community Church). Public hearing and action on request by Humboldt County Community Development Services to amend both the Certified Land Use Plan and Implementation Plan to change the land use map and zoning designations for property located at 899 Murray Road in McKinleyville from Commercial Recreation (CR) to Public Facility (PF) to enable construction of church. (MBK-E)  [APPROVED WITH MODIFICATIONS]

24. NEW APPEALS.  See AGENDA CATEGORIES. 

a. Appeal No. A-1-MEN-09-34 (Marr & Malin, Mendocino Co.) Appeal by Albion Residents Association & Sierra Club from decision of County of Mendocino granting permit with conditions to Michael Marr & Judith Malin to construct 2,524(+/-) sq. ft., 21-ft. high single-family home with 634 (+/-) sq.ft. attached garage, 329 (+/-) sq.ft. of covered porches and 24-ft. high detached accessory structure, which includes 1,516 (+/-) sq.ft. garage/workshop, 501 (+/-) sq.ft. guest cottage and 121 (+/-) sq.ft. covered porch. Guest cottage portion of accessory structure would be occupied as temporary residence before and during construction of proposed residence.  Including upgrading encroachment onto Highway One, constructing 900 (+/-) ft.-long driveway, installing construction trailer, septic disposal system, drilling water well and water storage tank, at 2800 Highway One, Albion, Mendocino County. (RSM-E) [SUBSTANTIAL ISSUE FOUND de novo hearing 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. 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. to build 7-unit inn in 2 phases.  Phase I consists of (1) demolition, reconstruction, and expansion of former Orca Inn into 2,961 sq.ft. 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 consists of (1) two guest suite units within detached bunkhouse of 531 sq.ft. and 757 sq.ft., (2) two separate guest suite cottages of 835 sq.ft. and 915 sq.ft., respectively, and (3) 778 sq.ft. spa. Wells, septic system, roads and underground utilities are also proposed.  The development is located at 31502 North Highway One, Fort Bragg, Mendocino County. (RSM-E) [POSTPONED]

b. Application No. 1-09-14 (Humboldt County Public Works Dept., Humboldt Co.)  Application of Humboldt County Public Works Dept. for proposed extraction of up to 25,000 cu. yds. of aggregate annually for period of five years from exposed gravel bar of lower Eel River, at Worswick Bar (river mile 7), immediately upstream of Fernbridge, Humboldt County. (MBK-E) [moved to Consent Calendar, APPROVED WITH CONDITIONS] 

c. Application No. 1-09-21 (Leland Rock & Dwelley, Humboldt Co.)  Application of Leland Rock & Charles Dwelley for proposed extraction of up to 100,000 cu. yds. of sand and gravel annually for 5 years from river bars near mouth of Van Duzen River, installation and removal of 2 seasonal crossings (railroad flat cars) as needed over low flow channel, and stockpiling gravel in 220-ft. wide by 535-ft. long upland area adjacent to Highway 101, located from confluence of Van Duzen River with Eel River up to Van Duzen mile 0.7, near Alton, Humboldt County. (MBK-E) [moved to Consent Calendar, APPROVED WITH CONDITIONS]

d. Application No. 1-09-27 (California Department of Transportation, Mendocino Co.)  Application of California Department of Transportation to replace bridge with new 2-lane bridge, approximately 520 ft. long with 2 12-ft. lanes, 2 6-ft. shoulders, and 5 ft. sidewalk for pedestrians on west side.  Guardrail between shoulder and sidewalk and bridge rails on both sides would result in additional 4-5 ft. of bridge width, at Greenwood Creek Bridge, State Route 1, south of Elk, Mendocino County. (MF-E) [POSTPONED]

SOUTH CENTRAL COAST DISTRICT

26. DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission's Ventura office at (805) 585-1800. [APPROVED]

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

28. 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. 4-08-082 (Imhof, Los Angeles Co.) Application of Karl and Maxi Imhof to construct 3,803 sq. ft., 26 ft. high single family home with covered terraces, attached 798 sq. ft. three-car garage, driveway, motor court, septic system, retaining wall, drainage device, and 359 cu. yds. of grading ( 154 cu. yds. cut and 102 cu. yds. fill) at 1481 Decker Canyon Road, Malibu, Los Angeles County. (AT-V) [moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 4-08-080 (Horsted, Los Angeles Co.) Application of Eric Horsted to construct 2-story, 35 ft. high, 5,788 sq. ft. single family home with 680 sq. ft. attached garage, 123 sq. ft. balcony, swimming pool, septic system, driveway, retaining walls, 1,070 cu. yds. grading (680 cu. yds cut, 390 cu. yds fill), and request for after-the-fact approval for creation of subject lot that is proposed project site, at 2118 Rockview Terrace, Santa Monica Mountains, Los Angeles County. (DC-V) [moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles Co.)

29. 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]

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

31. PORT MASTER PLAN.

a. Application No. PLA-PMPA-25 (Port of Los Angeles, Los Angeles Co.) Application of Port of Los Angeles to add the land use designation “General Cargo” to existing 8 acre area currently designated “Other”; allow 1.2 acre landfill behind extension of southern end of wharf at Berth 100, and designate “General Cargo” and “Other” at northernmost edge of Berths 97-109, Port Of Los Angeles, Los Angeles County. (AP-LB) [APPROVED]

32. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Application No. 5-08-285 (15 Voyage Street, LLC, Venice) Application of 15 Voyage Street, LLC to remove mobile construction office trailer from the 2,280 sq. ft. lot, and construct 45-ft. high, 5,000 sq. ft. (approx.) single-family home with 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]

SOUTH COAST DISTRICT (Orange Co.)

33. 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]

a. City Of Huntington Beach HNB-MAJ-1-07B Certification Review. Concurrence with Executive Director's determination that action by City of Huntington Beach, accepting certification of HNB-MAJ-1-07B with modifications, is legally adequate. (MV-LB) [APPROVED]

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

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

a. City Of Huntington Beach LCP Amendment No. HNB-MAJ-1-9 (Parkside IP Amendment).  Public hearing and action to extend 60-day time limit for Commission action on City of Huntington Beach Implementation Plan amendment that establishes land use zoning and development standards and restrictions for residential, park and open space uses at the approximately 45 acre Shea-Parkside site, Huntington Beach, Orange County. (MV-LB) [APPROVED]

35.5. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-09-113 (City of Newport Beach, Newport Beach) Application of City of Newport Beach for habitat restoration project consisting of 107,400 cu. yds. dredge and 63,100 cu. yds. fill to realign Back Bay Drive in order to restore 3.6 acres of historic tidal wetlands at mouth of Big Canyon Creek; construction of four new culverts under the realigned Back Bay Drive; 40,635 cu. yds. dredge and 12,515 cu. yds. fill to re-grade Big Canyon Creek into a 140 ft. wide and 9 ft.-16 ft. deep wider channel for riparian restoration; modification of existing freshwater marsh requiring 47,310 cu. yds. dredge and 34,650 cu. yds. fill; invasive plant species removal and planting of natives; relocation of 35 space public parking lot and restroom facilities; new 1,100 sq. ft. amphitheater in new interpretive area, trails, new entrance from Jamboree Road to existing sewer maintenance road and expansion of existing sewer road with new erosion protection work; restoration project located in Big Canyon Creek Nature Park in Newport Beach, Orange County. (LR-LB) [WITHDRAWN]

SAN DIEGO DISTRICT

36. 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 San Diego LCP Amendment No. 3-07B (Affordable/In-fill Housing and Sustainable Projects) Certification Review.  Concurrence with Executive Director’s determination that the action by the City of San Diego, accepting certification of its LCP Amendment No. 3-07B with modifications is legally adequate.  (DNL-SD) [APPROVED]

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

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

a. City of Carlsbad LCP Amendment No. 1-08B (Legoland Inner Park)  Public hearing and action on request of City of Carlsbad to amend the certified Implementation Plan to update the Carlsbad Ranch Specific Plan to allow for specified improvements within the existing Legoland Park area to be approved administratively. (TR-SD) [APPROVED WITH MODIFICATIONS]

b. City of Carlsbad LCP Amendment No. 1-09B (Legoland Hotel).  Public hearing and action on request of City of Carlsbad to amend the certified Implementation Plan to update the Carlsbad Ranch Specific Plan to allow hotel and accessory uses as permitted uses within the Outer Park and modify parking provisions at the Legoland Park property. (TR-SD) [POSTPONED]

[Items 38c and 38e link to the same memorandum.]

c. City of Carlsbad LCP Amendment No. 1-09A (Seascape) Time Extension.  Public hearing and action to extend the 90-day limit for Commission action on request by the City of Carlsbad to amend both the Land Use Plan and Implementation Plan to 1) change the land use designation from Residential Low-Medium Density (RLM) to Residential Low-Medium Density and Open Space (OS) and 2) change the Zoning designation from Limited Control (L-C) to One-Family Residential (R-1) and Open Space (OS) to accommodate 12 residential lots, two open space lots, and one private street lot facilitating the construction of 12 single-family homes on a 5.05 acre site located at the northeast corner of Black Rail Road and Avena Court.
(TR-SD) [Time Extension APPROVED]

d. 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) [APPROVED WITH MODIFICATIONS]

e. City of Carlsbad LCP Amendment No. 1-09B (Legoland Hotel). Public hearing and action to extend the 90-day limit for Commission action on request by the City of Carlsbad to amend the certified LCP to update the Carlsbad Ranch Specific Plan to allow hotel and accessory uses as permitted uses within the Outer Park and modify parking provisions at the Legoland Park property. (TR-SD) [Request to waive time limit APPROVED]

39. 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. 6-08-74-A2 (22nd Ag.  District, Del Mar)  Request by 22nd District Agricultural Association to amend permit authorizing installation and replacement of sewer force main to remove portions of the previously abandoned sewer force main within the San Dieguito River channel, south of Del Mar Fairgrounds, Del Mar, San Diego County. (EL-SD) [moved to Consent Calendar, APPROVED WITH CONDITIONS]

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:

Ackerberg et al. v. CCC (Access for All et al., RPI)  Govt. Code § 11126(e)(2)(A),
Access for All v. Ackerberg  Govt. Code § 11126(e)(2)(C)
Bay Island Club v. CCC  Govt. Code § 11126(e)(2)(A),
Farr v. CCC (Doyle, RPI)  Govt. Code § 11126(e)(2)(A),
Harrington et al. v. CCC  Govt. Code § 11126(e)(2)(A),
Norris et al. v. CCC et al.  Govt. Code § 11126(e)(2)(A),
Protect Our Village v. CCC et al. (City of Santa Barbara et al., RPI)  Govt. Code § 11126(e)(2)(A),
Ramirez Canyon Preservation Fund v. CCC et al. (City of Malibu et al., RPI)  Govt. Code § 11126(e)(2)(A),
Revell v. CCC (Access for All, RPI)  Govt. Code § 11126(e)(2)(A),
Venice Stakeholders Association v. CCC et al.  Govt. Code § 11126(e)(2)(A),
In the matter of Consistency Certification CC-043-09 (City of San Diego)  Govt. Code § 11126(e)(2)(B)

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).

40. APPROVAL OF MINUTES.

41. COMMISSIONERS' REPORTS.

42. CONSERVANCY REPORT.

43. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

44. DEPUTY ATTORNEY GENERAL'S REPORT.

45. EXECUTIVE DIRECTOR’S REPORT including report and possible action 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. Public Education Grant Program.  Staff recommendations for minor modifications to guidelines for Whale Tail Competitive Grants.  (CP/SBL – SF) [APPROVED]

Future Meetings:  The next meetings of the Coastal Commission will be October 7-9, 2009 in Oceanside and November 4-6 in Long Beach.