9:00 A.M.

WEDNESDAY, October 13, 2010

1. CALL TO ORDER.

2. ROLL CALL.

3. 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.

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 Port Hueneme LCP Major Amendment No. 1-10. Certification Review. Concurrence with Executive Director’s determination that action of City of Port Hueneme accepting the Commission’s suggested modifications and certification of LCP Amendment No. 1-10 (Flood Hazard Overlay) is legally adequate, City of Port Hueneme, Ventura County. (JJ-V)  [APPROVED]

4.5. NEW APPEALS.

a. Appeal No. A-4-MAL-10-074 (Harper/Fernhill Trust, Malibu) Appeal by Adam Hall from decision by the City of Malibu granting permit to William Harper, Fernhill Trust for partial demolition of existing single family home and conversion of structure into 896 sq. ft. second residential unit with 388 sq. ft. garage and separate attached 191 sq. ft. office; construction of new 2-story, 28 ft. high 5,199 sq. ft. single family home with 792 sq. ft. basements, 483 sq. ft. detached garage with 308 sq. ft. studio above; swimming pool and spa; landscaping; various hardscape including pool equipment enclosure; entry gate; outdoor barbeque area with trellis; fire department turnaround; and a new alternative onsite wastewater treatment system at 6737 Wildlife Road, Malibu, Los Angeles County. (SMH-V)  [NO SUBSTANTIAL ISSUE FOUND]

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

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.

[An addendum has been appended to the staff report for item 6a below on October 12.]

a. Application No. 4-07-098 (California Dept. of Parks and Recreation, Malibu) Application of California Dept. of Parks and Recreation to restore and enhance Malibu Lagoon to improve function of lagoon ecosystem by recontouring lagoon configuration, slopes and drainages to increase hydrologic flow (51,200 cu.yds. cut, 37,500 cu.yds. fill, and 13,700 cu.yds. export), habitat restoration plan to replant native species and remove non-native species, construct public access trail around lagoon, construct interpretive public educational amenities, and implement long-term monitoring plan, Malibu Lagoon State Beach, City of Malibu, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS]

[Items 6b and 6c below share a single, combined staff report.]

b. Appeal No. A-4-VNT-08-057 (Ventura County Harbor Dept.) Appeal by Graham and Bella Galliford, Arnie and Sherri Friedman, Chester and Jane Haines, and Bob Jurik on County of Ventura’s request to construct 1,700 sq.ft., maximum 33-ft. in height (as measured from finished floor elevation), lifeguard tower and public restroom building to replace previous lifeguard tower approximately 25-ft. in height and public restroom structure in approximately same location on North end of Silver Strand Beach, west of intersection of San Nicolas Avenue and Ocean Drive, Oxnard, Ventura County. (ADB-V) [POSTPONED]

c. Appeal No. A-4-VNT-08-100 (Ventura County Harbor Dept.) Appeal by Graham and Bella Galliford, Arnie and Sherri Friedman, and Chester and Jane Haines from the decision of County of Ventura granting amendment to permit allowing Ventura County Harbor Dept. to construct 1,700 sq.ft., maximum 33-ft. in height, lifeguard tower and public restroom building on Silver Strand Beach, as amended to prohibit construction of shoreline protective device(s) to protect the proposed structure, located west of intersection of San Nicolas Avenue and Ocean Drive, Ventura County. (ADB-V) [POSTPONED]

d. Application No. 4-09-025 (BP West Coast Products, LLC, Los Angeles Co.) Application of BP West Coast Products to remodel and reopen existing gas station with 1,561 sq.ft. convenience store in former automobile service building. Installation of 2 underground fuel storage tanks (old tanks have been removed), 12 fuel dispensers and associated landscaping. Removal of existing pole sign and replace with 2 new monument signs. Stablize existing graded coastal bluff with inclined concrete wale system (grade beam) with tie-backs and mesh cable system, at 18541 Pacific Coast Highway (Topanga Canyon), County of Los Angeles. (CP-LB) [POSTPONED]

e. Application No. 4-10-009 (Los Angeles County Dept. of Public Works) Application of L.A. County Dept. of Public Works to repair roadway by replacing rail and timber retaining wall with 130 ft.-long soldier beam pile retaining wall with cable railing on top, new 350 ft. long-guard rail, and repaving about 350 feet of 14 – 18 ft.-wide roadway, all located along 350-ft. section of Encina Road, about 250 feet west of Muerdago Road, Topanga, Santa Monica Mountains, Los Angeles County. (JJ-V)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

7. PUBLIC WORKS PLAN.

[Addenda have been linked from the staff report for item 7a below on October 12.]

a. Malibu Parks Public Access Enhancement Public Works Plan. Public hearing and action on a Public Works Plan submitted by Santa Monica Mountains Conservancy (SMMC) and Mountains Recreation and Conservation Authority (MRCA) for public access and recreation facilities between and within public park land (Ramirez Canyon Park, Escondido Canyon Park, Latigo Trailhead Property, Corral Canyon Park and Malibu Bluffs Conservancy Property) in the Malibu-Santa Monica Mountains area of City of Malibu and unincorporated Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

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

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

a. Application No. 5-10-170 (Marshall, Long Beach) Application of Frank & Kathlyn Marshall Trust to remove and replace private U-shaped floating boat dock and gangway in same location using existing piles, at 5538 E. The Toledo, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

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

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.

[An addendum has been appended to the staff report for item 11a below on October 12.]

a. Appeal No. A-5-VEN-10-138 (ADC Development, Inc., Los Angeles Co.) Appeal by 1311 A.K. Properties, LLC from decision of City of Los Angeles granting permit to ADC Development (Fran Camaj) to demolish 1-story 1,312 sq.ft. building, and construct new 1,248 sq.ft. restaurant with 13 on-site parking spaces (with rooftop parking deck), at 1305 South Abbot Kinney Blvd., Venice, City of Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

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. 5-07-237-A (Carson Daly Trust, Pacific Palisades) Request by Carson Daly Trust to delete from plans previously approved 400 sq.ft. pool house and replace with construction of shade trellis supported by retaining wall with maximum height of 11.5 feet, and approximately 55 cu.yds. of backfill, at 101 & 111 Ocean Way, Pacific Palisades, Los Angeles County. (AP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

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 Long Beach office at (562) 590-5071.

[An addendum has been appended to the staff report for item 13a below on October 12.]

a. City of Dana Point LCP Amendment No. DPT-MAJ-1-08 (Certification Review). Concurrence with Executive Director’s Determination that the action by the City of Dana Point, accepting certification of DPT-MAJ-1-08 with modifications is legally adequate. The amended Land Use Plan (LUP) for the Dana Point Harbor Revitalization establishes new land use designations and boundaries throughout harbor; expands allowable development; changes parking requirements and height limits, and  allows for  dry stack storage building for 400 boats, at Dana Point Harbor, Dana Point, Orange County. (FSY-LB) [APPROVED]

14. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-10-009 (Seal Beach Animal Care Center, Seal Beach) Application of Seal Beach Animal Care Center to constructi 2,400 sq.ft., 1-story cat facility. Grading to consist of 47 cu.yds. of cut, 40 cu.yds. of fill and 6 cu.yds. of export to location outside coastal zone, at 1700 Adolfo Lopez Drive, Seal Beach, Orange County. (FSY-LB)  [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 14b below on October 12.]

b. Application No. 5-10-110 (T- Mobile West Corp., Newport Beach) Application of T-Mobile West Corp. to remove existing concrete light pole, and place new replacement steel light pole, mounted wireless antennas, underground vault, 2 electrical meters, and 2 vault vent stacks within public right-of-way adjacent to Irvine Ave, near intersection of Irvine Ave and Private Road, at 2101- 1/2 Irvine Ave (public right-of-way), Newport Beach, Orange County. (JDA-LB) [TO CONTINUE]

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

[An addendum has been appended to the staff report for item 15a below on October 12.]

a. City of Huntington Beach LCP Amendment No. HNB-MAJ-2-10 (Parkside). Public hearing and action on request by City of Huntington Beach to amend its Implementation Plan to add a zoning map with residential and open space uses for approximately 50 acre area known as the “Parkside” site, as well as zoning text changes that will apply throughout the City of Huntington Beach Coastal Zone, all of which is intended to implement LCP Land Use Plan Amendment No. 1-06 (Parkside), approved by the Commission on November 14, 2008. (MV-LB) [APPROVED WITH MODIFICATIONS]

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

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

a. Application No. 5-10-31 (Paicius, Laguna Beach) Application of Rick & Robin Paicius to substantially demolish single family home and remodel/construct 5,416 sq.ft., 28 ft.-high, 2 story single family home, and attached 548 sq.ft., 2 car garage, including reduction of square footage of existing basement/understory storage area to 642 sq.ft., located within bluff top setback area, at 32 North La Senda, Laguna Beach, Orange County. (MV-LB) [POSTPONED]

b. Application No. 5-10-32 (Evensen, Corona Del Mar) Application of Mr. & Mrs. Christian Evensen to demolish single-family home at top of coastal bluff and demolish detached 1-story 3-car garage at toe of bluff and construct new 4,733 sq.ft., 4-story single-family home connected via tunnel and elevator to 2,181 sq.ft., 2-story structure with 3-car garage and second floor recreation room, spanning entire bluff face. Grading consists of 2,052 cu.yds. of cut and export to location outside of coastal zone, at 3225 Ocean Blvd, Corona Del Mar, Orange County. (FSY-LB) [POSTPONED]

c. Application No. 5-10-88 (Dunbar, Newport Beach) Application of Steve Dunbar to demolish 10’ x 17’ floating dock including removal of two 12-in. diameter concrete piles and construct new 8’ x 12’ float with two 12-in. diameter concrete piles. Re-deck and re-use existing gangway and construct separate 10’ x 13’ platform supported by bulkhead and one 14-in. pile at, 4102 River Avenue, Newport Beach, Orange County (MV-LB)  [APPROVED WITH CONDITIONS]

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

a. Permit No. 5-09-245-A1 (Huffman, Newport Beach) Application of Kirk Huffman to amend permit 5-09-245 to allow for demolition and reconstruction of landward portion of existing single family residence on bay-front lot; additional development requested to demolish 840 sq.ft. on first floor and 715 sq.ft. on second floor and rebuild 701 sq.ft. on first floor and 673 sq.ft. on second floor. No landscaping, grading, or additional work on bayward portion of residence is proposed, at 316 Via Lido Nord, Newport Beach, Orange County. (JDA-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENFORCEMENT

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

STATEWIDE

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

CCC et al. v. Pacific Regional Director, Bureau of Indian Affairs Govt. Code § 11126(e)(2)(A).
Citizens for a Better Eureka v. CCC Govt. Code § 11126(e)(2)(A). 
CUE VI, LLC v. CCC Govt. Code § 11126(e)(2)(A). 
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code § 11126(e)(2)(A).
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code § 11126(e)(2)(A).
Hagopian v. CCC et al. Govt. Code § 11126(e)(2)(A). 
Kretowicz v. CCC Govt. Code § 11126(e)(2)(A).
Norberg v. CCC et al. Govt. Code § 11126(e)(2)(A). 
Ojavan Investors v. CCC et al. Govt. Code § 11126(e)(2)(A). 
Porter v. County of Santa Cruz, CCC Govt. Code § 11126(e)(2)(A).
Revell v. CCC (Access for All, RPI) Govt. Code § 11126(e)(2)(A). 
Save the Park v. CCC (Colmer, RPI) Govt. Code § 11126(e)(2)(A).
Sierra Club v. Dep’t of Parks & Recreation et al. (County of San Luis Obispo et al., RPI) Govt. Code § 11126(e)(2)(A). 
Strother et al. v. CCC (Alvarez et al. RPI) Govt. Code § 11126(e)(2)(A). 
CCC v. Allen 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).

20. APPROVAL OF MINUTES.

21. COMMISSIONERS' REPORTS.

22. CONSERVANCY REPORT.

23. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

24. DEPUTY ATTORNEY GENERAL'S REPORT.

25. EXECUTIVE DIRECTOR’S REPORT including report and possible Commission action on legislation and water quality.

a. Interagency Agreement.  Public hearing and Commission authorization to enter into an Interagency Agreement with the California Department of Transportation (Caltrans) to accept up to $4,320,000 over a 5-year period for the equivalent of 5.5 Coastal Commission staff positions (PY) and other costs necessary to provide Coastal Act guidance and analysis of Caltrans’ plans and projects. (TG/SH-SF)

b. Discussion of Proposition 26 and possible action by the Commission. (SC/PD-SF)

8:00 a.m.

THURSDAY, OCTOBER 14, 2010

1. CALL TO ORDER.

2. ROLL CALL.

3. GENERAL PUBLIC COMMENT. Public comments will be heard at 8 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.

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

CENTRAL COAST DISTRICT

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

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

7. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-SLO-10-016 (State Parks and Recreation, San Luis Obispo Co.) Appeal by Dennis Schneider, Sharon Harris, Sharyn Schrick, Denise Emmick McLaughlan, and Sandra Emmick Bowman of San Luis Obispo County decision granting permit with conditions to California Department of Parks and Recreation to install parking area and related development along Highway One (including signs, information kiosk, bridge rails, and iron ranger fee collection tube) supporting use of Harmony Headlands State Park, between Cayucos and Cambria along the Harmony Coast in unincorporated San Luis Obispo County. (JB-SC) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-3-MRB-10-047 (Dynegy, San Luis Obispo Co.) Appeal by Commissioners Stone and Wan of City of Morro Bay decision granting permit with conditions to Dynegy Morro Bay LLC to abandon existing water supply well, drill new water supply well, relocate existing pump house to new well location, and extract water through new well for site use at 1290 Embarcadero Road in the City of Morro Bay, San Luis Obispo County. (MC-SC) [Permit Application WITHDRAWN]

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

[An addendum has been linked from the staff report for item 8a below on October 12.]

a. Application No. 3-09-068 (City of Santa Cruz, Santa Cruz Co.) Application of City of Santa Cruz to implement Arana Gulch Master Plan for 67.7-ac. City-owned greenbelt property and to construct connecting trail segments outside of greenbelt area. Project includes management and restoration of habitat areas; improvements to existing trail system, including paved multi-use path (some over existing trails, some new); construction of new bridge over Hagemann Gulch; interpretive displays and trail signage; installation of fencing, including to allow limited cattle grazing, at Arana Gulch just inland of the Santa Cruz Harbor in Santa Cruz County. (SC-SC) [DENIED]

NORTH 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 Eureka office at (707) 445-7833.

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

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

[Addenda have been linked from the staff reports for items 11a and 11b below on October 13.]

a. City of Crescent City LCP Amendment No. CRC-MAJ-1-3 (LCP Update). Public hearing and action on request by City of Crescent City for comprehensive update of its certified land use plan and implementation plan. (JB-E) [APPROVED WITH MODIFICATIONS]

b. Humboldt County LCP Amendment No. HUM-MAJ-1-8 (Samoa). Public hearing and action on request by Humboldt County to amend the certified Local Coastal Program to redesignate and rezone the industrial designation of the town to a mix of residential, commercial, natural resources and business park uses and extend the urban limit line within the approximately 138 acre Samoa town site on the Samoa Peninsula west of Humboldt Bay. (RSM-E) [TO CONTINUE]

12. 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 2-story single-family home with 1,950 sq.ft. living space and 350 sq.ft. attached garage, installation of sewage pump tank and connection to off-site septic disposal services, connection to community water, installation of driveway, retaining walls, LPG tank, generator, on-site drainage infrastructure, and connect to utilities, at 38454 Robinson Reef Drive, Gualala, Mendocino County. (TG-E) [POSTPONED]

b. Appeal No. A-1-MEN-10-31 (Phillips, Mendocino Co.) Appeal by Commissioners Wan and Sanchez from decision of County of Mendocino granting permit with conditions to Van L. Phillips for construction of new commercial horse stable facility consisting of (1) 6,900 sq.ft., 35 ft.-tall, 14-stall barn with hay storage and work areas; and (2) 11,200 sq.ft., 35 ft.-tall covered arena with fencing, installation of septic system, well, connection to offsite utilities, and driveway at 4520 Albion Little River Road, one-half mile northeast of Albion, Mendocino County. (TG-E) [POSTPONED]

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

a. City of Encinitas LCP Amendment No. 1-10 (Grading Modifications) Certification Review. Concurrence with Executive Director’s determination that action of City of Encinitas accepting certification of LCP Amendment No. 1-10 with suggested modifications is legally adequate. (DNL-SD) [APPROVED]

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

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

a. City of Solana Beach LCP Land Use Plan. Time Extension. Public hearing and action to extend 90 day time limit for Commission action up to one year on request by City of Solana Beach to certify LCP Land Use Plan. (DL-SD) [Time Extension APPROVED]

b. City of San Diego LCP Amendment No. 2-10 (Pt. Loma Townhomes Resubmittal). Time Extension. Public hearing and action to extend 90 day time limit for Commission action up to one year on request by City of San Diego to amend the Peninsula Community Plan LUP to re-designate 1.65 acre site bounded by Carleton, Scott and Dickens Streets from Industrial (fishing/marine-related) to Commercial use. (DNL-SD) [Time Extension APPROVED]

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. Appeal No. A-6-ENC-09-40 (Okun, Encinitas) Appeal by Commissioners Wan & Shallenberger from decision of City of Encinitas granting permit with conditions to Leonard Okun to demolish portions of existing single-family home and construct 2,986 sq.ft. 2-story home with 447 sq.ft. garage and 1,677 sq.ft. basement on coastal blufftop lot, at 828 Neptune Avenue (lot 18), Encinitas, San Diego County. (ND-SF) [POSTPONED]

b. Appeal No. A-6-ENC-09-41 (Okun, Encinitas) Appeal by Commissioners Wan and Shallenberger from decision of City of Encinitas granting permit with conditions to Leonard Okun to demolish portions of existing single-family family home and construct 3,136 sq.ft., 2-story home with 459 sq.ft. garage and 1,798 sq.ft. basement on coastal blufftop lot, at 828 Neptune Avenue (lot 19), Encinitas, San Diego County. (ND-SF) [POSTPONED]

[An addendum has been appended to the staff report for item 16c below on October 12.]

c. Application No. 6-09-33 (Garber, et. al., Solana Beach) Application of O'Neal Family Trust, S. O. Altfillisch, Inc., Baker Trust, Mark Barr, Felicia Schenkel & Gary and Diane Garber to construct 238 ft.-long, 35 ft.-high tied-back shotcrete seawall on beach below 5 single-family homes, at 211 through 231 Pacific Avenue, Solana Beach, San Diego County. (ND-SF) [APPROVED WITH CONDITIONS]

17. 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.

[Items 17a and 17b share a single, combined staff report.]

a. Permit No. F6760-A5 (Kretowicz, San Diego) Request by Ure and Dianne Kretowicz to amend permit for home addition to delete requirement to record public access easements, pay $3.3 Million for public access improvements in La Jolla and after-the-fact approval for various improvements to home on blufftop lot, at 7957 Princess Street, La Jolla, San Diego, San Diego County. (LJM-SD) [POSTPONED]

b. Permit No. A-133-79-A4 (Kretowicz, San Diego) Request by Ure and Dianne Kretowicz to amend permit for home addition to delete requirement to record public access easements, pay $3.3 Million for public access improvements in La Jolla and after-the-fact approval for various improvements to home on blufftop, at 7957 Princess Street, La Jolla, San Diego County. (LJM-SD)  [POSTPONED]

c. Permit No. F9010-A1 (All Creatures Hospital, Inc., San Diego) Request by All Creatures Hospital, Inc. to amend permit for animal hospital to revise open space easement on portion of site, at 3665 Via de la Valle, San Diego, San Diego County. (TR-SD) [POSTPONED]

d. Permit No. 6-05-72-A1 (Las Brisas HOA, Solana Beach) Request by Las Brisas Homeowners Assoc. to amend permit for seawall to add approx. 5 ft.-long, 2 ft. 4 in.-wide, 35 ft.-high return wall behind southern end of existing 120 ft.-long, 35 ft.-high seawall as follow-up to emergency permit, on bluff face below 135 South Sierra Avenue, Solana Beach, San Diego County. (ES-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

8:00 a.m.

FRIDAY, OCTOBER 15, 2010

1. CALL TO ORDER.

2. ROLL CALL.

3. GENERAL PUBLIC COMMENT. Public comments will be heard at 8 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.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

4. ENERGY, OCEAN RESOURCES and WATER QUALITY REPORT. Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, matters not requiring public hearings, and status report on offshore oil & gas exploration & development.

5. CONDITION COMPLIANCE.

[Addenda have been linked from the staff reports for items 5a and 6a below on October 14,]

a. Condition Compliance for Permit No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible approval of proposed mitigation site and preliminary restoration plan, as required by the Commission-approved Marine Life Mitigation Plan submitted by Poseidon Resources in compliance with Special Condition 8 of Permit No. E-06-013 for desalination facility at Carlsbad, San Diego County. (KH-SF) [TO CONTINUE]

6. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-045-10 (Missile Defense Agency, Coronado) Consistency Determination by Dept. of Defense, Missile Defense Agency, for temporary installation (for 3 months) of SeaBased X-Band (SBX) Radar Vessel for inspection, maintenance and repair purposes, northeast side of the Naval Air Station North Island, Coronado, San Diego County. (MPD-SF) [APPROVED]

b. CC-020-10 (San Diego Association of Governments (SANDAG), San Diego Co.) Consistency certification by SANDAG for construction of Del Mar Bluffs Railroad Track Stabilization Project 3, San Diego County. (LJS-SF) [APPROVED]

SAN DIEGO COAST DISTRICT

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

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

[Items 8a and 8b below share a single, combined staff report;
an addendum has been appended on October 12.]

a. Appeal No. A-6-COR-08-98 (Hotel Del Partners LP, Coronado) Appeal by Commissioners Kruer and Wan and Concerned Citizens for Keeping the Hotel Del Beautiful from decision of Coronado granting permit with conditions to Hotel Del Partners LP to amend permit for Hotel Del Coronado Master Plan to relocate approved conference center and south beach guest rooms, relocate bus staging area from adjacent to R.H. Dana Place to Orange Avenue, add surface parking adjacent to entry garden and R.H. Dana Place; retain laundry facility; reposition southerly end of Paseo del Mar public easement to connect to public easement/walkway adjoining Coronado Shores development; complete improvements to Avenida del Sol and convert all 144 approved new hotel rooms to condo-hotels, at the Hotel del Coronado, 1500 Orange Avenue, Coronado, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

b. Appeal No. A-6-COR-08-99 (Hotel del Partners LP, Coronado) Appeal by Commissioners Kruer & Wan and Concerned Citizens For Keeping The Hotel del Beautiful from decision of Coronado granting permit with conditions to Hotel del Partners LP for 3 lot Tentative Subdivision Map to allow conversion of 144 approved new hotel rooms to condo-hotel ownership. These multiple room suites would have 144 rooms available for rent, subdivided as 85 limited term occupancy condominium hotel units and 30 resort/hotel managed commercial units (non-habitable management condominium units, e.g. lobby and maintenance closets), at the Hotel del Coronado, 1500 Orange Avenue, Coronado, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-10-38 (T-Mobile, San Diego Co.) Application of T-Mobile to construct unmanned wireless telecom facility consisting of 55' monopine with 3 sectors of 4 antennas each, and one 2' microwave dish, including existing 10'x16' 8" slump block shelter on poured-in-place concrete slab, at northbound Interstate 5 rest stop, south of Las Pulgas Rd., Camp Pendelton, San Diego County. (TR-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

d. Application No. 6-10-52 (San Diego Rose Creek Bikeway Improvements) Application of City of San Diego to construct 260 ft.-long 16 ft.-wide pedestrian and bicycle bridge to span Rose Creek and provide alternate route along existing Rose Creek Bikeway in Pacific Beach Area, at east end of Pacific Beach Drive, Mission Bay Park & Pacific Beach, San Diego, San Diego County. (MA-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[Addenda have been appended to the staff reports for items 8e and 8f below on October 12.]

e. Application No. 6-10-41 (UCSD, San Diego) Application of University of California, San Diego (Scripps Institution of Oceanography) to construct 40,100-sq.ft., 3-story Marine Ecosystem Sensing, Observation, and Modeling (MESOM) research and education facility, including laboratories, office, conference and support space, on 2 existing parking lots along the west side of La Jolla Shores Drive at Biological Grade Road, Scripps Institution Of Oceanography campus, La Jolla, San Diego, San Diego County. (TR-SD) [POSTPONED]

[A revised addendum has been appended to the staff report for item 8f below on October 14.]

f. Appeal No. A-6-OMN-10-54 (Kravis & Magnotto, San Diego) Appeal by Timothy J. Carmel from decision of City of San Diego granting permit with conditions to Mark Kravis & Paul Magnotto to construct 8,928 sq.ft. car wash with convenience store, parking, grading and landscaping on a vacant 0.94-ac. site, at 1440 Palm Avenue, Otay Mesa-Nestor, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

Future Meetings: The next meetings of the Coastal Commission are November 17-19, 2010 in Los Angeles or Orange County and December 15-17, in San Francisco.