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October 2007 Agenda

Crowne Plaza Los Angeles Harbor Hotel
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This has been updated at 1:30 p.m., Friday, October 12, 2007.

9:00 A.M.

WEDNESDAY, OCTOBER 10, 2007

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-06-326 (Sunset Aquatic Marine Center, Huntington Beach) Application of Sunset Aquatic Marine Center to remove and replace boat repair-yard marina that will provide four (4) slips to accommodate boats ranging in size from 40-ft. to 126-ft. in length, including re-use of old piles and installing new piles, at 2901 Edinger Ave., Huntington Beach, Orange County. (FSY-LB) [APPROVED]

b. Application No. 5-07-180 (Myers, Newport Beach) Application of Gary Myers to widen boat slip by adding 3’ X 6’ section to backwalk, add two 5’ X 7’ sections to fingers and install two concrete piles, at 22 Harbor Island, Newport Beach, Orange County. (RT-LB) [WITHDRAWN]

c. Application No. 5-07-289 (Linden Family Trust, Long Beach) Application of James Linden & Nancy Linden Trustees Of The Linden Family Trust to install new 10’x 29’ floating boat dock with 3’x 4’ landing and gangway using existing davits on vertical seawall. No new piles, at 64 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

4. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-07-121 (Rofael, Newport Beach) Application of Medhat Rofael to remodel 3,044 sq. ft., two-story duplex with attached 358 sq. ft. two-car garage, add new 226 sq. ft. third story and 258 sq. ft. third story uncovered deck; and after-the-fact approval of 10’x 30’ concrete patio with 2’ tall concrete block fence ocean front encroachment, at 4607 Seashore Drive, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-07-165 (Stauber, Newport Beach) Application of Catherine & Dan Stauber to demolish duplex and construct new ocean-fronting, 26.5-ft. high, 2,360 sq. ft., two-story, single-family residence with attached 460 sq. ft. two-car garage, at 7110 W Oceanfront, Newport Beach, Orange County. (RT-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-07-181 (Horowitz, Newport Beach) Application of Alan & Margie Horowitz to demolish single-family residence and construct new ocean-fronting, 24 ft.- high, 2,196 sq. ft., two-story, single-family residence with attached 431 sq. ft. two-car garage, at 612 W Oceanfront, Newport Beach, Orange County. (RT-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-07-237 (Ocean Way Real Estate Trust, Pacific Palisades) Application of Ocean Way Real Estate Trust to demolish single-family residence and accessory structure and construct swimming pool, shade pavilion, new accessory structure, hardscape, landscaping and minor grading to direct runoff toward street, at 101 & 111 Ocean Way, Pacific Palisades. Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-07-251 (Aroth, Venice) Application of Jeffrey V. Cook & Sylvia S. Aroth to demolish 1,152 sq. ft., two-story duplex, and construct three-level, 28 ft.- high, 3,238 sq. ft., single-family residence with attached four-car garage on 2,640 sq. ft. lot fronting a walk street, at 21- 27th Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-07-274 (Schubert, Hermosa Beach) Application of Margaret Schubert to demolish single family residence and construct 4,042 sq. ft., 30 ft.-high, two-story single family residence over basement level, and attached two-car garage on 2,370 sq. ft., beachfront lot, at 312 The Strand, Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

g. Application No. 5-07-286 (Leonard, Hermosa Beach) Application of Jim Leonard to demolish four-unit apartment building and construct three condo units within two separate two-story buildings each with a roof deck over basement level and attached two car garage for each unit. The three units will total 6,858 square feet in combined area and 30 feet in height on a 4,985 square foot, high density zoned lot, at 1084 Monterey Blvd., Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

h. Application No. 5-07-298 (Amoroso Place, LLC, Venice) Application of Amoroso Place, LLC to demolish, one-story, 765 sq. ft., single-family residence and detached garage on 3,330 sq. ft. lot facing a walk street, and construct two-story, 27 ft.-high (with one 37.5 ft.-high roof access structure), 2,950 sq. ft., single-family residence with attached two-car garage, at 853 W. Amoroso Pl, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SOUTH 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 South Central office at (805) 585-1800.

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

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

a. County of Santa Barbara LCP Amendment No. MAJ-2-06 (Noticing & Appeals). Public hearing and action on request by County of Santa Barbara to amend its LCP to revise the public noticing and appeal process requirements, Santa Barbara County. (SLG-V) [POSTPONED]

An addendum has been appended to the staff report for item 7b below on October 5.

b. City of Oxnard LCP Amendment No. MAJ-2-06 (Mobile Home Park Conversions). Public hearing and action on request by City of Oxnard to amend its LCP to delete a Land Use Plan policy requiring affordable replacement units for demolished or converted mobile home park units within the Oxnard coastal zone. (DC-V) [POSTPONED]

8. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-4-STB-07-112 (Beach Club Trust, Santa Barbara Co.) Appeal by Commissioners Patrick Kruer and Sara Wan from decision of County of Santa Barbara granting a coastal development permit to convert previously un-permitted accessory structure into 1,118 sq. ft. Detached Residential Second Unit at 2825 Padaro Lane, Santa Barbara County. (SLG-V) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

b. Appeal No. A-4-STB-07-113 (Renker, Santa Barbara Co.) Appeal by Commissioners Patrick Kruer and Mary Shallenberger from decision of County of Santa Barbara granting a coastal development permit for demolition of 1,875 sq. ft. single family residence and detached garage, construction of 14,835 sq. ft. residence, 1,576 sq. ft. detached garage with 559 sq. ft. second story hobby room, 1,200 sq. ft. detached second residential unit, tennis court and cabana, swimming pools, spas, landscaping and hardscape, other accessory structures and sheds, stone perimeter wall, removal of 4 oak trees, and approximately 5,296 cu. yds. of grading (4,356 cu. yds. cut, 940 cu. yds. of fill) at 3151 Padaro Lane, Santa Barbara County. (SLG-V)  [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

9. 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 9a below on October 5.

a. Application No. 4-05-3 (Douglas, Los Angeles County) Application of Jesse Douglas to construct two-story, 4,327 sq. ft. single family residence, 1,348 sq. ft. detached three-car garage and workshop, 742 sq. ft. guesthouse, trellis, driveway, turnaround, septic system, swimming pool, spa, retaining wall, well, water tank, landscaping, widening of Will Geer Road from 16 ft. to 20 ft., and approximately 344 cu. yds. of grading at 1370 Will Geer Road, Topanga, Los Angeles County.  [APPROVED WITH CONDITIONS]

b. Application No. 4-07-020 (Los Angeles County Department of Public Works, Los Angeles County) Application of Los Angeles County Department of Public Works to remediate a slope failure that has undermined Saddle Peak and Schueren Roads and reconstruct approximately 2,250 linear ft. of road shoulder and roadway. The project will include 30,500 cu. yds. of cut and 35,000 cu. yds. of fill grading, repair/extension of two existing pipe drains, and install one new pipe drain along 1,370 ft. length of Saddle Peak Road between C.M. 0.18 and Schueren Road and along an approximately 880 ft. length of Schueren Road west of its intersection with Stunt Road, Los Angeles County. (JJ-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

c. Application No. 4-07-033 (Mortimer/Dunne/Vo, Los Angeles Co.) Application of Charles Mortimer, John and Sonia Dunne, and Kevin Vo to install subsurface soldier pile retaining wall extending across three adjacent properties in follow-up to an emergency permit issued for slope remediation at 18300, 18268, and 18262 Coastline Drive, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

An addendum has been appended to the staff report for item 9d below on October 5.

d. Application No. 4-07-022 (Bunes, Malibu) Application of Robert and Gail Bunes to repair slope consisting of removal and recompaction of approximately 1,167 cu. yds. of soil, 441 cu. yds. of fill, construction of drainage berm and installation of 225 ft.-long, 12 in. diameter drainage pipe at 229 Lorine Lane, Malibu, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

e. Application 4-07-099 (Seabridge Development, Santa Monica Mountains, Los Angeles, Co.) Application of Seabridge Development, LLC to construct 3,944 sq. ft, 35 ft. high from existing grade single family residence with 2-car garage, pool, 225 cu. yds. of grading (185 cu. yds. cut and 40 cu. yds. fill), and septic system, on a 8,160 sq. ft. development area, at 2501 Corral Canyon Road, Santa Monica Mountains, Los Angeles County. (BJC-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

10. DISPUTE RESOLUTION.

a. Appeal No. 4-92-157-A2-EDD (American Glendale, Inc., Los Angeles Co.) Appeal of Executive Director’s Rejection of application to amend coastal development permit 4-92-157 to delete several conditions of approval and revise project description for development proposed for a site near 3700 Latigo Canyon Road, Malibu, Los Angeles County. (AT-V) [POSTPONED]

11. PUBLIC WORKS PLAN.

There is a single, combined staff report for items 11a and 11b below.

a. Ventura County – Channel Islands Harbor Public Works Plan Amendment No. 1-04 (Boating Instruction & Safety Center). Public hearing and action on request by Ventura County Harbor Department to amend the certified Channel Islands Harbor PWP to allow a Boating Instruction & Safety Center (BISC) as a permitted use in the Harbor. (GT-V) [TO CONTINUE]

b. Channel Islands Harbor Public Works Plan Notice of Impending Development 1-05. Public hearing and action on Notice of Impending Development by Channel Islands Harbor for Boating Instruction and Safety Center (BISC) consisting of approximately 26,000 sq. ft. of exterior space, 24,000 sq. ft. of dock space, a two-story 19,000 sq. ft. building, and a one-story 1,000 sq. ft. maintenance/storage building located on the west side of Channel Islands Harbor, Oxnard, Ventura Co. is consistent with the Channel Islands Harbor certified Public Works Plan as amended by PWP amendment 1-04. (GT-V)  [TO CONTINUE]

11.5. LONG RANGE DEVELOPMENT PLAN

There is a single, combined staff report for items 11.5a, 11.5b and 11.5c below.
An addendum has been appended to this staff report on October 5.

a. UCSB Long Range Development Plan Amendment 2-07 (Harder Storage and Engineering II Addition) Public hearing and action on request by the University of California at Santa Barbara to amend its LRDP to allow for additional storage trailers and building for recreation and research activities adjacent to Harder Stadium on the Storke Campus and construct 3-story, 21,707 sq. ft. addition to Engineering II building on Main Campus of University of California Santa Barbara, Santa Barbara County (MCH-V) [APPROVED WITH MODIFICATIONS]

b. UCSB Notice of Impending Development No. 5-07 (Engineering II Addition) Public hearing and action on Notice of Impending Development by University of California at Santa Barbara to construct 3-story 21,707 sq. ft. addition to Engineering II building on Main Campus of University of California Santa Barbara, Santa Barbara County (MCH-V). [APPROVED]

c. UCSB Notice of Impending Development No. 6-07 (Harder Stadium Storage) Public hearing and action on Notice of Impending Development by University of California at Santa Barbara to construct 504 sq. ft. permanent storage building and after-the-fact retention of 8 temporary storage trailers adjacent to Harder Stadium on the Storke Campus of University of California Santa Barbara, Santa Barbara County (MCH-V). [APPROVED]

SOUTH COAST DISTRICT

12. 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 LCP Major Amendment 2-06 (Timeshares). Certification Review. Concurrence with Executive Director's determination that action by City of Huntington Beach, accepting certification to allow Limited Use Overnight Visitor Accommodation uses at the Pacific City site and the Waterfront site within the City’s coastal zone, with suggested modifications is legally adequate. (MV-LB) [APPROVED]

13. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.  [APPROVED]

14. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-LOB-06-400 (Studebaker, LB, LLC & Home Depot-SSC/West Coast, Long Beach)  De novo hearing for appeal of local approval to: 1) Subdivide the project site; 2) demolish fuel oil tank farm and complete subsurface soils investigation; 3) remediate contaminated soils; and 4) construct 128,517 sq. ft. home improvement and garden center, 6,000 sq. ft. restaurant, and two retail/commercial buildings totaling 12,000 sq. ft., with 712 parking spaces., at 400 Studebaker Road, Long Beach, Los Angeles County. (CP-LB) [POSTPONED]

b. Appeal No. A-5-VEN-07-200 (Amuse Café Partners, Venice) Appeal by James Murez of City of Los Angeles Local Coastal Development Permit No. ZA-2005-2021 approved with conditions for restaurant with off-site parking, at 796 Main Street, Venice, Los Angeles, Los Angeles County. (CP-LB)

15. 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. 5-06-456 (Clark, Newport Beach) Application of Kathy Clark to remodel 2,485 sq. ft., two-story, single-family residence with attached 485 sq. ft., two-car garage located on water front parcel (Semeniuk Slough). No grading is proposed, at 3 Canal Circle, Newport Beach, Orange County. (FSY-LB)  [APPROVED WITH CONDITIONS, moved to Consent Calendar]

b. Application No. 5-07-131 (Dugan, Long Beach) Application of Michael Dugan to remove and replace private residential pier and gangway in same location using two existing piles and one new pile, at 5639 Sorrento Drive, Long Beach, Los Angeles County. (CP-LB)

c. Application No. 5-07-169 (City Of Newport Beach Harbor Resources, Newport Beach) Application of City Of Newport Beach Harbor Resources to remove and replace chain link fence located on beach perpendicular to shoreline; remove and replace dock with pump out facility in same configuration comprised of 4’ x 46’ pier supported by four (4) -14” diameter “T” piles, a 3’ x 24’ gangway, 10’ x 36’ dock float with two (2)-14” diameter concrete guide piles, at 215 15th Street, Newport Beach, Orange County. (FSY-LB)

d. Application No. 5-07-207 (Roberts, Pacific Palisades) Application of Suzanne Roberts to demolish 1,109 sq. ft., mobile home unit and construct 1,186 sq. ft., 14 ft.- high, manufactured home and foundation with five 24 inch diameter piles, at 17015 Pacific Coast Highway, Pacific Palisades, Los Angeles County. (AP-LB )

e. Application No. 5-07-210 (County of Los Angeles, Dept. of Public Works, Marina del Rey) Application of County of Los Angeles to convert manually operated tide gate to automated and electronically controlled system located between Marina del Rey Channel and Ballona lagoon, at Marina Way & Grand Canal, Marina del Rey, Los Angeles County. (AP-LB) [POSTPONED]

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.

a. Permit No. 5-02-93-A2 (Cannery Lofts, L.P., Newport Beach) Request by Cannery Lofts, L.P. to demolish 6-space overflow parking lot and construct 32 ft.- high, three-story mixed use building, including 750 sq. ft. lower level commercial space and approximately 2,087 sq. ft. of residential living space above, at 509 20th Street, Newport Beach, Orange County. (RT-LB) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

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:

Bredesen v. CCC et al., Los Angeles County Superior Court Case No. BS102967 [Govt. Code § 11126(e)(2)(A)]
Bredesen v. CCC et al., Los Angeles County Superior Court Case No. YS014958 [Govt. Code § 11126(e)(2)(A)]
CCC v. U.S. Department of the Navy et al.[ Govt. Code § 11126(e)(2)(A)]
Natural Resources Defense Council et al. v. Winter et al. [Govt. Code § 11126(e)(2)(A)]
Douglas v. CCC (Mountains Recreation & Conservation Authority, RPI) [Govt. Code § 11126(e)(2)(A)]
Farr v. CCC et al. (Doyle, RPI) [Govt. Code § 11126(e)(2)(A)]
Habitat for Hollywood Beach v. CCC (County of Ventura, RPI) [Govt. Code § 11126(e)(2)(A)]
Manchester Pacific Gateway LLC v. CCC et al. [Govt. Code § 11126(e)(2)(A)]
Mulholland Land Co. et al. v. CCC [Govt. Code § 11126(e)(2)(A)]
O’Sullivan v. City of San Diego (Govt. Code section 11126(e)(2)(C))
Rubinroit v. CCC et al. [Govt. Code § 11126(e)(2)(A)]
St. Catherine of Siena Catholic School et al. v. CCC [Govt. Code § 11126(e)(2)(A)]
Trancas Property Owners Association v. CCC [Govt. Code § 11126(e)(2)(A)]
In the matter of Monterey County LCP Amendment No. 1-07 (Govt. Code section 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).

17. APPROVAL OF MINUTES.

a. Minutes of April 2007 

b. Minutes of August 2007

c. Minutes of September 2007

18. COMMISSIONERS' REPORTS.

19. CONSERVANCY REPORT.

20. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

21. SANTA MONICA BAY RESTORATION COMMISSION REPORT.

22. DEPUTY ATTORNEY GENERAL'S REPORT.

23. EXECUTIVE DIRECTOR’S REPORT including report on legislation and Water Quality.

a. Legislation. The Commission may take action on the following legislation:
ACA 8, AB 120, AB 141, AB 258, AB 319, AB 739, AB 740, AB 828, AB 992 , AB 1046, AB 1056, AB 1066, AB 1074, AB 1096, AB 1280, AB 1338, AB 1396, AB 1457, AB 1459, AB 1568, SB 4 , SB 10, SB 54, SB 157, SB 300, SB 333, SB 412, SB 634, SB 670, SB 742, SB 821, SB 884, SB 898, SB 911, SB 939, SB 965, SCA 1.

b. Webstreaming Status Report for 2007.

8:00 a.m.

THURSDAY, OCTOBER 11, 2007

1. CALL TO ORDER.

2. ROLL CALL.

SAN DIEGO COAST DISTRICT

3. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED]

a. Application No. 6-07-88 (San Elijo Lagoon Conservancy, Encinitas) Application of San Elijo Lagoon Conservancy to demolish and remove abandoned sewage treatment facility from San Elijo Lagoon, consisting of 2 tanks and 1 structure, at San Elijo Lagoon, Cardiff, Encinitas, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-07-89 (Crown Point Invest., San Diego) Application of Crown Point Investments, Inc. to construct portion of 3-story, 30 ft. high, 4,102 sq. ft., 3-unit residential building (after-the-fact) and convert 3 units to condominium ownership on 5,000 sq. ft. site, at 3875 Riviera Drive, Pacific Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

An addendum has been appended to the staff report for item 3c below on October 9.

c. Application No. 6-07-96 (Cornell, San Diego) Application of Ken Cornell to demolish two, 1-story, 1,318 sq. ft. homes and construct 3-story, 2,139 sq. ft., two-unit condominium building with 5 on-site parking spaces, at 720-722 Manhattan Court, Mission Beach, San Diego, San Diego County. (LRO-SD [APPROVED WITH CONDITIONS]

d. Application No. 6-07-97 (Cornell, San Diego) Application of Ken Cornell to demolish 1-story, 1,044 sq. ft., 2-unit apartment building and construct 3-story, 1,373 sq. ft. home with attached two-car garage, at 3801 Ocean Front Walk, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

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

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

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

a. City of Carlsbad LCP Amendment No. 3-06 (Poinsettia Place). Public hearing and action on request of City of Carlsbad to amend its LCP land use and implementation plan to redesignate approx. 20 acre site located at the southeast corner of Cassia Rd. and the present terminus of Poinsettia Lane from Residential Low and Medium Density to Residential High and Medium-High Density and Open Space and apply companion rezoning to the site. (TR-SD) [APPROVED]

b. City of San Diego LCP Amendment No. 2-06A (Estates at Costa del Mar). Public hearing and action on request by the City of San Diego to amend the certified LCP Implementation Plan to rezone 10.22-acre site from Agricultural-Residential (AR-1-1, min. 10 ac. lots) to Agricultural –Residential (AR-1-2, min. 1 ac. lots) and Open Space Conservation (OC-1-1), located at the northern terminus of Arroyo Sorrento Place in Neighborhood 8b of the Carmel Valley subarea of North City LCP segment. (EL-SD) [APPROVED]

7. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-6-OCN-07-31 (Oceanside Three, Oceanside) Appeal by Preserve Calavera, Friends of Buena Vista Lagoon, Ellen Newton, Karen L. Dugan, Boyce Lundstrom, Douglas Freed, Daniel & Cathy Di Mento, Jacques Domercq & Commissioners Kruer & Wan from decision of City of Oceanside granting permit with conditions to Oceanside Three to construct 82-room hotel (70 units to be condo-hotel units), a full service restaurant and four residential condominium units on 3.8 acre undeveloped site, at west side of South Coast Highway, between Eaton Street and Buena Vista Lagoon, Oceanside, San Diego (TR-SD) [POSTPONED]

b. Appeal No. A-6-ENC-07-51 (Surfer's Point, Encinitas) Appeal by Commissioners Wan & Shallenberger from decision of City of Encinitas granting permit with conditions to Surfer’s Point, LLC to construct 29,975 sq. ft., two-story, 30 ft. high., 26-unit resort (19 timeshare units, 7 hotel units), with underground parking on 1.81 vacant site, at northeast corner of North Coast Highway 101 and La Costa Avenue, Leucadia, Encinitas, San Diego (GDC-SD) [POSTPONED]

An addendum has been appended to the staff report for item 7c below on October 9.

c. Appeal No. A-6-OCN-07-103 (20 Morgan, Oceanside) Appeal by Commissioners Kruer & Hueso from decision of City of Oceanside granting permit with conditions to 20 Morgan, LLC to demolish 3 residential units & construct 3-unit condominium building, to include street vacation (14 ft. by 100 ft.) along north side of Witherby Street, at 1334 South Pacific Street, Oceanside, San Diego County. (TR-SD) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

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

a. Application No. 6-07-006 (Deutsch, San Diego Co.) Application of Michael Deutsch to construct 2-story over basement, 11,037 sq. ft. home on 2.88 acre sloping site, at 3997 Stonebridge Court, Rancho Santa Fe, San Diego County. (DL-SD) [WITHDRAWN]

b. Application No. 6-07-77 (Coronado beach vehicle gate) Application of City of Coronado to install bollards and vehicle gate to prevent unauthorized vehicles from driving on public beach, at 320 Ocean Boulevard, Coronado, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

The staff report for item 8c below has been posted on October 5; an addendum has been appended on October 9.

c. Application No. 6-07-79 (San Diego Bayshore Bikeway) Application of City of San Diego, Engineering and Capital Projects, to construct 1.8 mile segment of Bayshore Bikeway consisting of 12-ft. wide paved bikepath over abandoned railroad tracks on top of berm, two new steel truss bridges, fencing, signage, and relocation of haul road for South Bay Salt Works, at south San Diego Bay from the northern terminus of 13th Street to approximately the west terminus of Main Street, Otay-Mesa Nestor, San Diego, San Diego County. (DL-SD)  [APPROVED WITH CONDITIONS]

ENFORCEMENT

9. ENFORCEMENT REPORT. Report by Chief of Enforcement on Statewide Enforcement Program. (LAH-SF) [APPROVED]

An addendum has been added to thestaff report for item 10 below on October 11.

10. Commission Cease & Desist Order No. CCC-07-CD-08 (Figas, Eureka, Humboldt County) Public hearing and Commission action on proposed Cease and Desist Order directing Robert and Kathyrn Figas, owners of property located at 4900 Broadway Avenue, Eureka, Humboldt County, to 1) cease from engaging in further un-permitted development activities; and 2) address un-permitted development consisting of site clearance, grading, and placement of a concrete structure, refrigerators, motorcycle parts, debris, and rock and/or fill material near or adjacent to wetlands and environmentally sensitive habitat areas. (CAC-SF)  [APPROVED]

11. Commission Notice of Violation No. CCC-07-NOV-10 (Figas, Eureka, Humboldt County) Public hearing and Commission action on existence of a violation of the Coastal Act, which, if found, will result in the recordation of Notice of Violation identifying un-permitted development by Robert and Kathyrn Figas on property located at 4900 Broadway Avenue, Eureka, Humboldt County. (CAC-SF) [WITHDRAWN]

There is a single, combined staff report for items 12 and 13 below.
An addendum has been added on October 11.

12. Commission Cease & Desist Order No. CCC-07-CD-07 (Butler-Gipson, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on proposed Cease and Desist Order directing Mr. Kenneth Butler and Ms. Judith Gipson, owners of property located at Block 41, Lot 22 (APN 108-161-22) in Pacific Shores Subdivision, Del Norte County, to 1) cease from engaging in further un-permitted development activities; and 2) address un-permitted development including but not limited to placement of fill (in and/or adjacent to wetlands), a large pre-fabricated structure, at least six mobile homes or trailers, 4-5 vehicles, and several off-road vehicles; change in intensity of use from a vacant lot to residential uses; and major vegetation removal. (EMH-SF) [APPROVED]

13. Commission Restoration Order No. CCC-07-RO-05 (Butler-Gipson, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on proposed Restoration Order directing Mr. Kenneth Butler and Ms. Judith Gipson, owners of a property located at Block 41, Lot 22, Pacific Shores Subdivision, Del Norte County; APN 108-161-22, to 1) address un-permitted development, including but not limited to fill (in and/or adjacent to wetlands), a large pre-fabricated structure, at least six mobile homes or trailers, 4-5 vehicles, and several off-road vehicles; change in intensity of use from a vacant lot to residential uses; and major vegetation removal, in accordance with the terms of the Orders; and 2) restore the site. (EMH-SF) [APPROVED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

14. ENERGY and OCEAN RESOURCES 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. (AD-SF) [APPROVED]

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

16. COASTAL PERMIT APPLICATION. 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 16a below on October 9.

a. Application E-07-005 (Pacific Gas & Electric Company, Humboldt County) Application of Pacific Gas & Electric Company to demolish two effluent containment structures, construct two modular office buildings, a parking area, and a transformer pad, and realign electrical lines for multiple future construction projects at the Humboldt Bay Power Plant, near King Salmon, County of Humboldt. (TL-SF) [APPROVED WITH CONDITIONS]

17. FEDERAL CONSISTENCY REPORT. Report by the Division Supervisor on Negative Determinations issued by the federal consistency staff, and status report on other major non-energy federal consistency matters. (MPD-SF) [APPROVED]

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

19. FEDERAL CONSISTENCY.

a. CC-018-07 (Transportation Corridor Agencies, Orange & San Diego Co.) Consistency certification by Transportation Corridor Agencies of Orange County (TCA) for the construction of the Foothill Transportation South (FTC-S) toll road in southern Orange and northern San Diego County, between the existing toll road’s (SR-241) terminus at Oso Parkway, Orange Co., and I-5 on Marine Corps Base Camp Pendleton, San Diego Co. (MD/CT/ST-SF) [POSTPONED]

8:00 a.m.

FRIDAY, OCTOBER 12, 2007

1. CALL TO ORDER.

2. ROLL CALL.

NORTH CENTRAL COAST DISTRICT

3. 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.

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

5. NEW APPEALS. See AGENDA CATEGORIES.

Addenda have been appended to the staff reports for items 5a and 5c below on October 10.

a. Appeal No. A-2-SMC-06-21 (Chan, San Mateo Co.) Appeal by Commissioner Meg Caldwell & Commissioner Sara Wan from decision of County of San Mateo granting permit to Sherman Chan for 2,595 sq. ft. house, 960 sq. ft. garage, driveway, well, water tanks, propane tank, and septic system on 60-acre Planned Agricultural District (PAD) zoned property, at Off of Willowside Range Road in the Unincorporated San Gregorio area. (RP-SF) [SUBSTANTIAL ISSUE FOUND, Permit APPROVED WITH CONDITIONS in de novo hearing]

b. Appeal No. A-2-HMB-07-30 (Pastorino, Half Moon Bay) Appeal by Kevin J. Lansing from decision of City of Half Moon Bay granting permit to Thomas & Eugene Pastorino to construct 5,339 sq. ft., two-story, single-family residence and 2,400 sq. ft. barn on 20 acre site, at 921 Miramontes Street, Half Moon Bay, San Mateo County. (YLZ-SF) [POSTPONED]

c. Appeal No. A-2-SMC-07-035 (Ward, Sladek & Nerhan, San Mateo Co.) Appeal by Barbara K. Mauz from decision of County of San Mateo granting permit with conditions to Greg Ward, Jeff Sladek, Keet Nerhan, & Burdette Sladek for the construction of a domestic well located on an undeveloped property zoned Planned Agriculture Development (PAD), at Frenchman's Creek Road, in Unincorporated Half Moon Bay, San Mateo County. (RP-SF). [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

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 10.

a. Application No. 2-05-13 (California Department Of Transportation, District 4, Pescadero) Application of California Department Of Transportation, District 4 for after-the-fact authorization for construction of rock slope protection to protect Highway 1 from coastal erosion at three locations, at Highway 1 at PM 13.4 and 13.6, in the vicinity of Pescadero State Beach San Mateo County, near town of Pescadero, San  Mateo County. (ME-SF) [APPROVED WITH CONDITIONS]

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

a. Sonoma County LCP Amendment No. SON-MAJ-1-06 (Second Units). Time Extension. Public hearing and action on extension of time limit to act on request by Sonoma County to amend the IP to change permitting requirements and development standards concerning second dwelling units, to allow temporary shelters and emergency shelters within certain commercial and residential zoning districts, and to add an ordinance to allow persons with disabilities to make requests for reasonable accommodation. (YLZ-SF) [Time Extension APPROVED]

b. City of Half Moon Bay LCP Amendment No. HMB-MAJ-1-02 (Mobile Home Park) Certification Review. Concurrence with Executive Director’s determination that action by the City of Half Moon Bay, accepting certification of Amendment No. HMB-MAJ-1-02 with modifications, is legally adequate. (YLZ-SF) [APPROVED]

STATEWIDE

8. PERMIT REGULATIONS See AGENDA CATEGORIES.

a. Public hearing and possible Commission action on proposed revisions to sections 13055, 13169, 13255.0, 13255.2 and 13576 of, and the proposed addition of section 13255.1 to the Commission's regulations, concerning filing fees. (MC/SMH/JB-SF) [APPROVED]

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. [APPROVED]

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

11. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-1-DNC-07-36 (Trask, Del Norte Co.) Appeal by The Friends Of Del Norte & James Snow from decision of County of Del Norte granting permit with conditions to Aadam & Tami Trask to construct a 1,728 sq. ft., 23 ft.-high, two-story (3,424 sq. ft. overall floor area), single-family residence with attached garage and 400 sq. ft., 12 ft.-high detached accessory building, at 700 Berry Street, Crescent City, Del Norte County. (MBK-E) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

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

a. Application No. 1-07-14 (Porter, Humboldt Co.) Application of Steve Porter to increase height by two feet of approximately 150-ft.-long roadside earthen berm for privacy, at 1228 Stagecoach Road, Trinidad, Humboldt County. (MBK-E) [POSTPONED]

b. Appeal No. A-1-MEN-07-21 (Moore, Mendocino Co.) Appeal by Commissioners Wan & Reilly from decision of County of Mendocino granting permit with conditions to Greg & Sandra Moore to convert existing legal non-conforming duplex to two single-family residences by (1) remodeling existing duplex into single unit, including removing second kitchen and constructing 530 sq. ft. addition and 517 sq. ft. deck addition; (2) constructing 605 sq. ft. detached second residential unit with 528 sq. ft. garage below; (3) constructing 510 sq. ft. barn/shed with maximum average height of 15 ft., and (4) performing associated development including constructing gravel driveway addition, fence, and connection to utilities, at 37900 Old Coast Highway, Gualala, Mendocino, County. (RSM-E) [POSTPONED]

c. Application No. 1-07-40 (Wiyot Tribe, Eureka) Application of Wiyot Tribe to (1) excavate 17 cu. yds. of contaminated midden and soil material, up to 3 ft. depth within approximately 600 sq. ft. area; and (2) demolish 288-sq.-ft. paint shed as initial interim remediation measures toward hazardous material remediation at Tuluwat Restoration Project site at Indian Island, within Humboldt Bay, Eureka, Humboldt County. (JB-E) [WITHDRAWN]

d. Application No. 1-07-5 (City of Crescent City) Application of City of Crescent City to construct: (1) a Class I multipurpose trail from Cultural Center in Beach Front Park to Sunset Circle with pedestrian/bicycle bridge crossing Elk Creek; (2) a pedestrian harbor/creek vista overlook; (3) a 24-space paved parking lot with restroom facilities and a bio-filtration swale/detention basin; and (4) Class III roadside bike route from Sunset Circle to intersection of Highway 101 and Elk Valley Road, at Highway 101 South & Front Street To Highway 101 South & Sunset Circle, Crescent City, Del Norte County. (JB-E) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

e. Application No. 1-07-33 (R.D.H.C., Humboldt Co.) Application of R.D.H.C. to raise and repave existing paved and gravel areas providing vehicle access to hay storage and equipment storage barns, at 532 Hookton Road, Loleta, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]

CENTRAL COAST DISTRICT

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

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

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

a. San Luis Obispo County LCP Amendment No. SLO-MAJ-1-05 Part 1 (Port San Luis Harbor District Master Plan) Concurrence with the Executive Director's determination that the action by San Luis Obispo County accepting certification of LCP Major Amendment 1-05 Part 1 (in relation to the Port San Luis Harbor District Master Plan and related measures) with modifications is legally adequate. (JB-SC) [APPROVED]

b. Santa Cruz County De-Minimis LCP Amendment No. SCO-MAJ-2-07 Part 2 (Regional Housing Need Combining Zone District) Concurrence with the Executive Director's determination that the request by Santa Cruz County to add standards for a new Regional Housing Need "R" Combining Zone District is de minimis. (SC-SC) [APPROVED]

c. Santa Cruz County De-Minimis LCP Amendment No. SCO-MAJ-2-07 Part 1 (Primary Groundwater Recharge Areas Map) Concurrence with the Executive Director's determination that the request by Santa Cruz County to modify the LCP’s Primary Groundwater Recharge Areas Map is de minimis. (SC-SC) [APPROVED]

d. City of Santa Cruz LCP Amendment No. STC-MAJ-1-06 (Citywide Creeks and Wetlands Management Plan) Public hearing and action on request by the City of Santa Cruz to amend the City's LCP Land Use and Implementation Plans to include the Citywide Creeks and Wetlands Management Plan that provides policies and implementing measures designed to address development located adjacent to city creeks and wetlands. (SC-SC)  [APPROVED WITH MODIFICATIONS]

e. Monterey County LCP Amendment No. MCO-MAJ-2-07 Part 3 (Tanglewood rezoning, Prunedale)Time Extension Only. Public hearing and action on extension of time limit to act on request by Monterey to amend Sheet 20-4 of Section 20.08.060 of Title 20 (Monterey County Coastal Implementation Plan, Part 1) to rezone a 17.03-acre parcel from LDR/B-7(CZ) to LDR(CZ) in the Prunedale area of north Monterey County. (KM-SC)

f. Monterey County LCP Amendment No. MCO-MAJ-2-07 Part 2 (Doud rezoning, Big Sur) Time Extension Only. Public hearing and action on extension of time limit to act on request by Monterey County to modify the land use designation and zoning of a 2.5-acre parcel (from Outdoor Recreation (OR)/Open Space Recreation (OR) to Watershed and Scenic Conservation (WSC)/Watershed and Scenic Conservation (WSC/40)) located north of Garrapata Creek, south of Garrapata State Park, and west of Highway 1 in the Big Sur area of Monterey County. (KM-SC) [Time Extension APPROVED]

16. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-MRB-06-064 (Colmer, Morro Bay) Appeal by Roger Ewing, Ray McKelligott, and Coastal Commissioners Caldwell and Shallenberger from City of Morro Bay decision approving coastal permit with conditions for Wayne Colmer for subdivision of two parcels (totaling 3.17 acres) into 17 residential parcels and one open space parcel, as well as development of related infrastructure (road, etc.) and homesites at 485 South Bay Boulevard in the City of Morro Bay. (MW-SC) [POSTPONED]

b. Appeal No. A-3-CML-07-042 (Sayles, Carmel) Appeal by Kathy Grady from City of Carmel decision approving a coastal permit with conditions for Shan Sayles to demolish a subordinate unit, remove approximately 400 sq. ft. of nonconforming site coverage, and construct a 478 sq. ft. addition to single-family residence along San Antonio Avenue between 11th and 12th Avenues in the City of Carmel-by-the-Sea. (MW-SC) [NO SUBSTANTIAL ISSUE FOUND]

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

An addendum has been appended to the staff report for item 17a below on October 11.

a. Application No. 3-07-030 (Caltrans, Piedras Blancas) Application of Caltrans to recognize approximately 1,500 linear ft. of existing rock arrays and revetments, and to allow construction of an additional approximately 400 linear ft. of rock arrays and revetments, all on a temporary basis, until Highway One is realigned inland (when all the rock would be removed) along two locations fronting Highway One (between post miles 65.3 and 65.9) approximately seven miles north of San Simeon near Point Piedras Blancas in northern San Luis Obispo County. (JB-SC) [APPROVED WITH CONDITIONS, moved to Consent Calendar]


Future Meetings: The next meetings of the Coastal Commission will be November 14-16 in San Diego and December 12-14 in San Francisco.

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