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MAY 2010 Agenda

Santa Cruz County
Board of Supervisors Chambers
701 Ocean Street
Santa Cruz, CA  95060
(831) 588-4112

 

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

This has been updated at 9:45 a.m., Friday, May 14, 2010.

10:00 a.m.

WEDNESDAY, MAY 12, 2010

1. CALL TO ORDER.

2. ROLL CALL.

3. GENERAL PUBLIC COMMENT.  Public comments will be heard at 10 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 COAST DISTRICT (LOS ANGELES COUNTY)

4. CONSENT CALENDAR. See AGENDA CATEGORIES

a. Application No. 5-10-19 (Santa Catalina Island Co., Los Angeles Co.) Application of Santa Catalina Island Co. to establish commercial tourist attraction, Sea Trek (a guide service to lead customers (with air hoses) on underwater walk on seafloor to observe marine life), and utilize floating dock seaward of mean high tide line in conjunction with guide service, at Descanso Bay, Catalina Island, Los Angeles County. (CP-LB) [Removed from the Consent Calendar -- this item will be heard at a future meeting.]

b. Application No. 5-10-61 (Bolin, Venice) Application of Mr. Donald Bolin to demolish single-family home on lagoon-fronting lot, and construct 4-level, 45-ft. high, 6,709 sq.ft. single-family home with attached 3-car garage, at 4803 Roma Court, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

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

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

7. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 5-09-231 (Bonilla, Pacific Palisades) Application of Daniel F. Bonilla to construct 3-story, 3,392 sq.ft. single-family home, with pile foundation, swimming pool, landscaping, and approximately 1, 250 cu.yds. of grading, at 17810 Porto Marina Way, Pacific Palisades, Los Angeles County. (AP-LB)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 5-09-232 (Bonilla, Pacific Palisades) Application of Daniel F. Bonilla to construct 3-story, 3, 392 sq.ft., single family home with attached garage, and pool, at 17816 Porto Marina Way, Pacific Palisades, Los Angeles County. (AP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 5-10-006 (Kalnel Gardens, LLC, Venice) Application of Kalnel Gardens, LLC to demolish 1-story, 814 sq.ft. single-family home on 3,030 sq.ft. lot, and construct 35-ft. high (with one 38-ft. roof access structure), 5,298 sq.ft., 4-level mixed-use structure with 1 retail unit and 9-stall parking garage on ground floor and 1 residential unit above, at 1422 S. Main Street, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

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

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

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

a. City of Port Hueneme LCP Major Amendment No. 1-10 (Flood Plain Management). Public hearing and action on the request by the City of Port Hueneme to amend its LCP to revise its zoning ordinance regarding the Flood Hazard Overlay Zone for the City of Port Hueneme, Ventura County. (JJ-V)  [APPROVED WITH MODIFICATIONS]

10.3. PUBLIC WORKS PLAN.

[An addendum has been appended to the staff report for item 10.3a below on May 12.]


a. Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 1-10 (Channel Islands Harbor Public Boat Launch Reconstruction). Public hearing and action on notice of impending development by Channel Islands Harbor to reconstruct the public launch ramp on the east side of the harbor, including adjusting the ramp angle, reinforcing the existing support rip-rap, re-paving the site, demolishing and reconstructing the public restroom, constructing a new public walkway along the waterfront and along Victoria Avenue, relocating the entrance along Victoria Avenue, and improving the lighting and landscaping at the Channel Islands Harbor Launching Facility, Victoria Avenue, Oxnard, Ventura County. (AT-V) [APPROVED]

STATEWIDE

10.5. EX PARTE WORKSHOP.

a. WORKSHOP on EX PARTE COMMUNICATIONS.  Workshop and public hearing on the legal requirements governing ex parte communications and disclosure requirements. (HS-SF)

NORTH COAST DISTRICT

11. 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.

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

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

a. Del Norte Co. LCP Amendment No. DNC-MAJ-2-03 (LCP UPDATE) Time Extension. Public hearing and Commission action to extend time limit for action by County of Del Norte to accept Commission certification of LCP Amendment No. DNC-MAJ-2-03 with suggested modifications. (JB-E) [Time Extension APPROVED]

14. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-1-MEN-10-12 (Brotherton, Mendocino Co.) Appeal by Commissioners Bloom & Stone from decision of County of Mendocino granting permit with conditions to Paula & Tom Brotherton for construction of 3,495 sq.ft. single family home with attached garage and maximum height of 18 ft. above natural grade, including entry trellis, driveway, generator enclosure, patio, landings, walkways, retaining walls, septic system, underground utilities, 500 gal. underground propane tank, and 10,000 gal. underground water storage tank, at 45480 Chapman Road, Mendocino, Mendocino County. [POSTPONED]
(TG-E)

b. Appeal No. A-1-HUM-10-013 (Resort Improvement District No. 1, Humboldt Co.) Appeal by Commissioners Wan & Kruer from decision of County of Humboldt granting permit with conditions to Resort Improvement District No. 1 for construction of 16-ft. tall, 2,400 sq.ft. storage building constructed of non-reflective metal siding and roofing used to store maintenance equipment associated with golf course (Lot LK), located approximately 86 feet from centerline of a perennial stream. Native planting plan is proposed along stream corridor. The project site is located at 10 Salmon Court & 61 Sea View Road on APN 111-181-06, Shelter Cove, Humboldt County. (MBK-E) [SUBSTANTIAL ISSUE FOUND, de novo HEARING TO CONTINUE]

15. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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-05-37 (Piety & Panelli, Mendocino Co.) Appeal by Ann Zollinger from decision of County of Mendocino granting permit with conditions to Bobbie Piety & Yves F. Panelli for 2,275 sq.ft. 18.5-ft. high single-family home, 719 sq.ft. attached garage, driveway, encroachment onto Pirates Drive, septic system, connection to North Gualala Water Company, and rare plant management plan, at 47021 Pirates Drive, Gualala, Mendocino County. (TG-E)  [APPROVED WITH CONDITIONS]

b. Appeal No. A-1-MEN-08-15 (Bower Limited Partnership, Mendocino Co.) Appeals by Environmental Commons, Lori Hubbart & Julie A. Verran from decision of County of Mendocino granting permit with conditions to Bower Limited Partnership for construction of 285-ft. long “Geoweb” retaining wall to connect to proposed “Geoweb” retaining wall on adjacent lot, and associated drainage improvements including installation of 414-ft. drainpipe, storm drain manhole, and 6-ft. stormwater treatment structure, at 39200 South Highway One, Gualala, Mendocino County. (RSM-E) [POSTPONED]

[An addendum has been appended to the staff report for item 15c below on May 11.]

c. Appeal No. A-1-DNC-09-48 (Border Coast Regional Airport Authority, Del Norte Co.) Appeal by Commissioners Shallenberger & Wan from decision of County of Del Norte granting permit with conditions to Border Coast Regional Airport Authority for airport terminal expansion project, at 150 Dale Rupert Road, Crescent City, Del Norte County. (JB-E) ) [APPROVED WITH CONDITIONS]

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

[An addendum has been linked from the staff report for item 16a below on May 11.]

a. Permit No. 1-83-270-A (Bower Limited Partnership, Mendocino Co.) Request by Bower Limited Partnership to replace 70-ft. long wood retaining wall with 110-ft. long “Geoweb” retaining wall extending across subject property and approximately 30-ft. long concrete block end wall, at 39250 South Highway One, Gualala, Mendocino County. (RSM-E) [APPROVED WITH CONDITIONS]

b. Permit No. 1-91-12-A2 (Wolfe, Mendocino Co.) Request by Steven & Deborah Wolfe to modify permit granted for construction of driveway, utility extensions, parking area, well, water tank, water distribution system, propane tank, 960 sq.ft. garage and 638 sq.ft. residence to add new 18 ft. high, 2,840 sq.ft. single family home and to convert the existing residence into a guest house, at 33351 Navarro Ridge Rd, Albion, Mendocino County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

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 Santa Cruz office at (831) 427-4863.

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

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

a. Santa Cruz County LCP Amendment No. SCO-1-10 Part 1 (Solar Energy Systems). Time Extension. Public hearing and action on extension of time limit to act on request by Santa Cruz County to amend the LCP to exempt solar energy systems from CDP requirements throughout the Santa Cruz County coastal zone. (SC-SC) [Time Extension APPROVED]

b. Santa Cruz County LCP Amendment No. SCO-1-10 Part 2 (Pleasure Point Combining District). Public hearing and action on request by Santa Cruz County to amend the LCP to add a Pleasure Point Community Design (“PP”) Combining Zone District that would apply special design standards to proposed residential development in the unincorporated Pleasure Point portion of the Live Oak beach area of Santa Cruz County. (SC-SC) [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:

Bower Limited Partnership v. CCC et al. Govt. Code § 11126(e)(2)(A).
Catanzarite v. City of Newport Beach, CCC Govt. Code § 11126(e)(2)(A).
Coastal Law Enforcement Action Network v. CCC (Malibu Valley Farms, Inc., RPI) Govt. Code § 11126(e)(2)(A).
Hines v. CCC et al. (Star, RPI) Govt. Code § 11126(e)(2)(A).
Jackson-Grube Family, Inc. v. CCC Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway, LLC v. CCCGovt. Code § 11126(e)(2)(A).
McNamee v. CCC Govt. Code § 11126(e)(2)(A).
Norberg v. CCC Govt. Code § 11126(e)(2)(A).
North Pacifica, LLC v. CCC Govt. Code § 11126(e)(2)(A).
Sterling v. CCC 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. EXECUTIVE DIRECTOR’S REPORT.

a. IWC Whaling Resolution. Commission discussion and possible action on a resolution in opposition to an IWC proposal to lift the global moratorium on commercial whaling and set 10-year quotas for subsistence hunting of gray whales. (SC-SF) [APPROVED]

BOAT TRIP/RECEPTION.  The Commission will take a boat excursion following the meeting on Wednesday, May 12, 2010 (approximate time 5:30 p.m.).  There are spaces available for the public and press on a first come, first served basis.  You must reserve a space to attend.  Please contact Melodye Serino at 831-454-3403 to reserve a space.  

9:00 a.m.

THURSDAY, MAY 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 COAST DISTRICT (Orange County)

4. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-170 (Jack & Melinda Avakian, Newport Beach) Application of Jack & Melinda Avakian to add and remodel beach-fronting from 3,240 sq.ft., 2-story single-family home with attached 597 sq.ft., 3-car garage, including addition of 674 sq. feet to existing second floor and addition of 81 sq. ft. to existing garage, to 2-story, 3,914 sq.ft.  single-family home with attached 678 sq.ft., 3-car garage. The maximum height of structure will be 23 ft. -9 in. above existing grade. No grading is proposed, at 1106 W. Oceanfront, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-09-216 (Fletcher, Newport Beach) Application of Christopher & Malin Fletcher to Construct 2,842 sq.ft., two-story mixed use building consisting of a residential unit 2,092 sq.ft. above ground level commercial use 750 sq. ft.  The building will be approximately 34-ft. above grade and will provide total of five (5) parking spaces.  Hardscape and landscape work is also proposed.  No grading is proposed, at 500 31st Street, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-10-87 (Rofael, Newport Beach) Application of Mr. & Mrs. Medhat M. Rofael for after-the-fact approval of remodel of ocean front 3,044 sq.ft., 2-story duplex with attached 358 sq.ft., 2-car garage with addition of new 226 sq.ft., third story and 258 sq.ft. third story uncovered deck resulting in 3,270 sq. ft., 3-story, 28-ft. tall duplex and after-the-fact approval of 10-ft. deep by 30-ft. wide concrete at-grade patio with 2-ft. tall concrete block perimeter fence within designated oceanfront encroachment area, at 4607 Seashore Dr., Newport Beach, Orange County. (LR-LB)  [APPROVED WITH CONDITIONS]

SAN DIEGO DISTRICT

5. CONSENT CALENDAR.  See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 5a below on Thursday May 12.]

a. Application No. 6-09-72 (Living Water Lutheran Church, San Diego) Application of Living Water Lutheran Church to adjust lot lines between 2 vacant lots (Lot A would be 13.37 acres and Lot B would be 4.77 acres), at El Camino Real at San Dieguito Road, North City, San Diego, San Diego County. (TR-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-09-74 (Hacienda Cala HOA, Carlsbad) Application of Hacienda Cala Owners Association to remove and replace 480 sq.ft. dock of same size and location, at 4517 & 4519 Cove Drive, Agua Hedionda, Carlsbad, San Diego County. (TR-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-10-01 (San Elijo Lagoon Conservancy, Encinitas) Application of San Elijo Lagoon Conservancy to restore and protect existing coastal dune habitat located within western basin of San Elijo Lagoon to include removal, control and monitoring of invasive plant species, installation of post and cable style fence to delineate and protect sensitive habitat and signage at east side of South Highway 101, just north of Solana Beach border, Cardiff, Encinitas, San Diego County. (GB-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-10-28 (University of California, San Diego) Application of UC, San Diego to construct 16-ft. high, 13-ft. wide seawater effluent holding tank to include removal of 4-5 Eucalyptus trees, 36 cu.yds. of cut grading exported outside the coastal zone and paving of 256 sq.ft. area. Associated boring and trenching to install piping connecting holding tank with sewer mains, effluent pipes, discharge pipes, and power source, at Seaweed Canyon, east of Birch Aquarium at Scripps Institution of Oceanography, UCSD Campus, San Diego, San Diego County. (MA-SD) [APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

6. 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.

a. Status Report on Remediation and Restoration of Former Guadalupe Oil Field Site. Commission staff update on Chevron’s remediation of petroleum hydrocarbon contamination in soil and groundwater and restoration of habitat at 2,700-ac. former oil field, Guadalupe Beach area, San Luis Obispo County.  This is an information item only; no action will be taken by the Commission. (AD-SF)

b. National Oceanic and Atmospheric Administration Marine Mammal Research. Southern California. Presentation by researcher collaborating with (and on behalf of) the National Oceanic and Atmospheric Administration (NOAA) for research proposed in the Southern California Bight (primarily within the U.S. Navy’s existing Southern California (SOCAL) Range Complex), to be conducted over a 5-year period (commencing in Summer/Fall 2010) to study the basic behavior, vocal communication, and biology of various marine mammal species and to measure their reactions to a controlled underwater sound exposures.  The purpose of these studies is to determine behavioral responses to simulated mid-frequency (MF) sonar sounds, so that sound producers, including the U.S. Navy, and regulatory agencies, can better understand, minimize, and manage noise impacts.  (MPD-SF)

7. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 7a below on May 12.]

a. CD-002-10 (Corps of Engineers, San Luis Obispo Co.) Consistency determination by Corps of Engineers for geotechnical and hydrogeologic testing to determine feasibility of site for subsurface desalination intake, at Santa Rosa State Beach and Shamel County Park in Cambria, San Luis Obispo County. (TL-SF) [APPROVED]

b. CD-009-10 (U.S. Fish and Wildlife Service, San Diego Co.) Consistency determination by U.S. Fish and Wildlife Service for wetland and upland restoration and enhancement of 233 acres of salt ponds in the South San Diego Bay Unit of San Diego Bay National Wildlife Refuge, San Diego County. (LJS-SF) [APPROVED]

ENFORCEMENT

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

SOUTH COAST DISTRICT (Orange 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.

a. City of Huntington Beach LCP Amendment No. HNB-MAJ-2-09 (RLUIPA). Time Extension. Public hearing and action to extend 60-day time limit for Commission action up to one year on City of Huntington Beach Implementation Plan amendment that would amend Chapter 211 Commercial Districts of the City’s Zoning and Subdivision Ordinance which constitutes the certified Implementation Plan by allowing religious assembly uses within the Visitor Commercial zoning district, Huntington Beach, Orange County. (MV-LB) [Time Extension APPROVED]

b. City of Huntington Beach LCP Amendment No. HNB-MAJ-1-10 (Downtown Specific Plan Update). Time Extension. Public hearing and action to extend 90-day time limit for Commission action up to one year on amendment to City of Huntington Beach Local Coastal Program amendment amending both Land Use Plan and Implementation Plan portions of the certified LCP by updating the City’s Downtown Specific Plan. (MV-LB) [Time Extension APPROVED]

12. NEW APPEALS.  See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 12a below on May 10;
a second addendum was added on May 12.]

a. Appeal No. A-5-DPT-10-82 (City Of Dana Point, Orange Co.)  Appeal by Ms. Vonne Barnes, Surfrider Foundation & Coastal Commissioners Bloom & Wan from decision of City of Dana Point to authorize implementation of operational hours and installation of enforcement devices such as signs and gates that regulate public access to public parks and accessways without a coastal development permit, in the Vicinity of Strand Vista Park, incl. South Strand Switchback Trail, Mid-Strand Beach Access, Central Strand Beach Access, and Strand Beach Park, Dana Point Headlands, Dana Point, Orange County. (KFS-LB) [SUBSTANTIAL ISSUE FOUND, Permit DENIED at de novo HEARING]

13. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 5-09-82 (County of Orange RDMD, Santa Ana River) Application of County of Orange, Resources and Development Management Dept. to implement long term routine maintenance activities to portion of Reach 1 (approximately 1.5 miles) of Santa Ana River channel within coastal zone including annual vegetation mowing/herbicide treatment/removal, cleaning of debris basins, inspections and periodic repair of channel hardscape such as retaining walls, dams, and related structures, at Santa Ana River (Reach 1) Pacific Ocean Upstream To Hamilton Ave., Huntington Beach/Newport Beach/Costa Mesa, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

An addendum has been appended to the staff report below for item 13b on May 11.

b. Application No. 5-09-163 (California Dept. of Transportation, District 12, Laguna Beach) Application of Dept. of Transportation, District 12 to construct 2 retaining walls to stabilize coastal bluff slope adjacent to State Route 1 (aka Pacific Coast Hwy); retaining wall located at PM 11.61 proposed to be 45-feet high and 40-feet long at 5-ft. offset from edge of road pavement, second retaining wall located at PM 11.65 proposed to be 20-feet high and 40-feet long at 5-ft. off-set from edge of road pavement, approximately 74 cu.yds. of imported fill, new cable railing fencing, retaining wall aesthetic treatment and bluff slope re-vegetation, at State Route 1 (aka Pacific Coast Hwy) between El Moro Beach and Moro Ridge Road, Laguna Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

An addendum has been appended to the staff report below for item 13c on May 11.

c. Application No. 5-09-256 (City of Laguna Beach Public Works Dept., Laguna Beach)  Application of City of Laguna Beach to (1) reconstruct stairway to beach from street-end of Circle Way, (2) reconstruct water line and sewer line from end of Circle Way down to beach, (3) enlarge existing 18" diameter storm drain to 48" diameter storm drain from  end of Circle Way down to beach, (4) enlarge storm drain outlet at beach to 60" diameter with faux rockscape hinged cover to open when storm flows occur, (5) construct new water filtration device and minor nuisance flow diversion to sewer system, (6) construct concrete seawall with faux rock finish treatment adjacent to stairway and along frontage of adjacent private property at 299 Crescent Bay Drive, and (7) landscaping along  reconstructed stairway and new seawall, at 299 Crescent Bay Drive (end of Circle Way Steps to Beach), Laguna Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

13.5. REVISED FINDINGS.

a. Application No. 5-09-105 (Norberg, Laguna Beach) Application of Donald A. Norberg Trust granted permit with conditions to add to existing single-story, single family home including 307 cu.yds. cut/fill grading to construct semi-subterranean, 860 sq.ft. new lower level, within footprint of existing home, consisting of 2 bedrooms, 2 baths, family room and additional 326 sq.ft. utility/storage room; add lower level paved patio with outdoor spa and shower, outdoor half spiral stair to access new lower level; repairs to existing 355 sq.ft. wood balcony deck and interior remodel of existing structure at street level; on bluff top lot at 86 S. La Senda, Three Arch Bay, Laguna Beach, Orange County. (LR-LB) [Findings APPROVED]

SAN DIEGO DISTRICT

14. DEPUTY DIRECTOR'S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission's San Diego office at (619) 767-2370.

a. City of Encinitas LCP Amendment No. 2-08 (Sign Ordinance) Certification Review. Concurrence with the Executive Director's determination that the action by the City of Encinitas accepting certification of LCP Major Amendment No. 2-08 amending the certified implementation plan to prohibit new billboards with modifications is legally adequate.  (DNL-SD) [APPROVED]

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

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

a. City of Carlsbad LCP Amendment No. 1-09A (Seascape). Public hearing and action on request of 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 to facilitate the construction of 12 single-family homes on a 5.05 acre site. (TR-SD) [APPROVED]

17. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-6-IMB-10-32 (Johnson & Newtrac Pacific, Imperial Beach) Appeal by Timothy O'Neil from decision of City of Imperial Beach granting permit extension, with conditions, to Edwin Johnson & Newtrac Pacific for construction of two 30-ft. high attached residential units on oceanfront lot with vertical seawall and front yard setback reduction, at 684-686 Ocean Lane, Imperial Beach, San Diego County. (DL-SD) [NO SUBSTANTIAL ISSUE FOUND]

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.

[Items 18a, 18b, 18c, and & 18d below share a single, combined staff report]

a. Permit No. 6-00-32-A2 (Hanson Family Trust, San Diego Co.) Request by The Hanson Family Trust to amend permit for home construction to plant orchard on steep slopes, at 5025 Stonebridge Lane, Rancho Santa Fe, San Diego County. (DL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Permit No. 6-88-356-A3 (Perry, San Diego Co.) Request by Michael Perry to amend permit for home construction to plant orchard on steep slopes, at 3972 Stonebridge Ct., Rancho Santa Fe, San Diego County. (DL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Permit No. 6-89-75-A2 (Hsia, San Diego Co.) Request by Ru Ping Hsia to amend permit for home construction to plant orchard on steep slopes, at 3950 Stonebridge Ct., Rancho Santa Fe, San Diego County. (DL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

d. Permit No. 6-98-91-A2 (Burnett, San Diego Co.) Request by James & Kimberly Burnett to amend permit for home construction to plant orchard on steep slopes, at 3939 Stonebridge Lane, Rancho Santa Fe, San Diego County. (DL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

 

9:00 a.m.

FRIDAY, MAY 14, 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.

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]

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

6. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 2-08-020 (AIMCO, Esplanade Avenue Apartments LLC, Pacifica) Application of AIMCO, Esplanade Avenue Apartments LLC, for follow-up authorization of work performed under emergency permits, including construction of (1) approximately 475 ft.-long rock riprap shoreline revetment, and (2) approximately 3,240 sq.ft., 50 ft.-high soil nail wall along approximately 40 ft.-long section of upper bluff, at 360 & 380 Esplanade Avenue, Pacifica, San Mateo County. (TST-SF) [POSTPONED]

CENTRAL COAST DISTRICT

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

a. City of Pismo Beach LCP Amendment No. PSB-1-09 (Permit Extensions). Public hearing and action on request by City of Pismo Beach to modify the LCP’s permit expiration provisions. (MW-SC) [APPROVED WITH MODIFICATIONS]

8. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-SLO-06-043 (SDS Family Trust, San Luis Obispo Co.) Appeal by Commissioners Wan & Reilly, and Sierra Club of San Luis Obispo County decision granting permit with conditions to SDS Family Trust for remodel of existing home, construction of barn, and removal of existing public accessway west of Highway One adjacent to Pacific Ocean along Harmony Coast area near Cayucos in unincorporated San Luis Obispo County. (MC-SC) [POSTPONED]

STATEWIDE

9. APPROVAL OF MINUTES. [Minutes APPROVED]

10. COMMISSIONERS' REPORTS.

11. CONSERVANCY REPORT.

12. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

13. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Interagency Agreement with the Bay Conservation and Development Commission. Approval of transfer of federal funds to San Francisco Bay Conservation and Development Commission for implementation of California Coastal Management Program for Fiscal Year 2010-2011. (MJ-SF) [APPROVED]

b. Federal Evaluation Findings for the California Coastal Management  Program. Commission staff update. This is an information item only; no action will be taken by the Commission. (MJ-SF)

c. Report on Commission’s In-Lieu Fee Mitigation. Report on status of in-lieu fee mitigation for impacts to affordable overnight accommodations. This is an information item only; no action will be taken by the Commission. (ND-SWP/SF)

Future Meetings:  The next meetings of the Coastal Commission are June 9-11, 2010 in Marina del Rey and July 7-9 in Santa Rosa.