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November 2007 Agenda

Sheraton San Diego Hotel
1433 Camino Del Rio South
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This has been updated at 1:15 p.m., Friday,  November 16, 2007.
 

9:00 A.M.

WEDNESDAY, NOVEMBER 14, 2007

1. CALL TO ORDER.

2. ROLL CALL.

STATEWIDE

3. FILING FEE REGULATIONS.

See the proposed changes to filing fee regulations.

a. Public hearing and possible Commission adoption of amendments to sections 13055, 13111, 13169, 13255.0, 13255.2 and 13576, and adoption of section 13255.1, of the Commission’s regulations concerning filing fees. (MC/SMH/JB-SF) [APPROVED]

4. SONGS Mitigation Program. Review of and possible Commission action on staff recommendation for the two-year 2008 and 2009 Work Program and Budget for the Commission’s technical oversight and independent monitoring program for the San Onofre Nuclear Generating Station (SONGS) mitigation program required as a condition of Permit No. 6-81-330 (Southern California Edison, San Diego). (SMH & JJL-SF)  [APPROVED]

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 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).
CCC v. Starz Govt. Code § 11126(e)(2)(A).
Coastal Law Enforcement Action Network et al. v. CCC (Pacific Gas & Electric, RPI) Govt. Code § 11126(e)(2)(A).
Farr v. CCC et al. (Doyle, RPI) Govt. Code § 11126(e)(2)(A).
Harner v. CCC et al. Govt. Code § 11126(e)(2)(A).
Kretowicz v. CCC Govt. Code § 11126(e)(2)(A).
La Jolla Beach & Tennis Club Partners LP et al. v. CCC (City of San Diego et al., RPI) Govt. Code § 11126(e)(2)(A).
Sierra Club v. CCC (La Jolla Beach & Tennis Club et al., RPI) Govt. Code § 11126(e)(2)(A).
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).
CCC v. Trancas Property Owners Association et al. Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al. 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).
 

SOUTH CENTRAL COST DISTRICT

5. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 5a below on Friday, November 9.

a. Application No. 4-06-83 (Van Morganroth, Ventura Co.) Replace 55’ x 8’ floating dock with new 55’ x 8’ floating dock on existing piles in Ventura Keys waterway for boating related purposes. Existing gangway will remain. No piles, footings, or any structural elements will be placed in waterway or on rip-rap escarpment at1349 Beachmont Street, Ventura County. (AT-V) [APPROVED]

b. Application No. 4-07-104 (Witham, Ventura Co.) Replace 41’ x 8’ floating dock with new 41’ x 6.5’ floating dock, two 14” x 14” pilings will remain, add two new docks, one 35’ x 6.5’ and one 50’ x 6.5’, add four new pilings, remove 3’ x 26’ ramp and replace with new 3’ x 26’ ramp, add one new 3’ x 37’ ramp and two new docks at 2677 Surfrider Avenue, Ventura County. (AT-V) [APPROVED]

SOUTH COAST DISTRICT

6. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-07-300 (Stensrud Family Trust, Long Beach) Application of Stensrud Family Trust to remove boat dock and replace with new 6’x 34’ floating dock in same location, and install new 3’x 4’ landing and gangway. No new piles, at 98 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

b. Application No. 5-07-314 (Hualalai Trust, Long Beach) Application of Hualalai Trust to remove 5’x 25’ boat dock and replace with new 5’x 60’ floating dock in same location, and install new 2.5’x 18’ gangway, no new piles, at 150 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

7. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-07-222 (Ted Shelton & Associates, L L C, Venice) Application of Ted Shelton & Associates, L L C to demolish one-story, 1,728 sq. ft. commercial structure on 8,208 sq. ft. beachfront site (two lots), and construct three-story (over subterranean parking garage), 35-ft. high, 10,815 sq. ft. mixed-use structure containing five residential condominium units, 1, 000 sq. ft. ground-floor retail-commercial space, and 19 parking spaces, at 305-309 Ocean Front Walk, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

An addendum has been appended to the staff report for item 7b below on Wednesday, October 31.
A second addendum has been appended on Wednesday, November 7.

b. Application No. 5-07-306 (Shaw, Hermosa Beach) Application of David B. Shaw to construct two-story over basement level, 30- ft. high, 20,649 sq. ft., multi-use manufacturing building with 38 on- site parking spaces on 12,001 sq. ft., M-1 zoned lot. Project also includes lot line merger, at 601 Cypress Avenue, Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-07-315 (Delphi Properties 1722 Strand L L C, Hermosa Beach) Application of Delphi Properties 1722 Strand L L C to demolish single family residence and construct 4,003 sq. ft., 30 ft.-high, two-story single family residence with roof deck, over basement level, and attached two-car garage on 2,396 sq. ft. R-2B zoned beachfront lot, at 1632 The Strand, Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-07-320 (Cretikos, Newport Beach) Application of Mr. & Mrs. Cretikos to remodel and add 247 sq. ft. of living space to 4,810 sq. ft., single-family residence with attached 718 sq. ft. two-car garage and landscaping on bluff top lot, resulting in 14-ft. high, 5,057 sq. ft. single-family residence with attached 718 sq. ft., two-car garage and new attached 300 sq. ft. one-car garage, at 1918 Galaxy Drive, Newport Beach, Orange County. (RT-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-07-328 (Brigandi, Newport Beach) Application of Christopher Brigandi to demolish single- family residence and construct new 4,177 sq. ft., two-story, 27-ft. high, single-family residence with attached 598 sq. ft., three- car garage, 440 sq. ft. roof deck, hardscape improvements and no landscaping on beachfront lot, at 1220 West Ocean Front, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-07-335 (Yu, Hermosa Beach) Application of Pui Wah And Doris Yu to demolish five-unit apartment building and construct 3,437 sq. ft., 30 ft.-high, two-story over basement level, single-family residence with attached two-car garage on 2,394 sq. ft. R-2 zoned beachfront lot, at 820 The Strand, Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

g. Application No. 5-07-348 (Pham, Marina Del Rey) Application of Michael Rivera and Joanne Pham to demolish one-story duplex, and construct three-level, 29-ft. high, 4,859 sq. ft. duplex with five enclosed parking spaces on ground floor, at 14 Northstar St, 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.

a. County of Santa Barbara LCP Amendment No. STB-MAJ-2-04-D (Ellwood-Devereux Open Space Plan) Certification Review. Concurrence with Executive Director’s determination that action by the County of Santa Barbara, accepting certification of Amendment No. 2-04-D with modifications, is legally adequate. (SLG-V) [APPROVED]

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

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

An addendum has been posted for the staff report for item 10a below on Tuesday, November 13.

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) [ [APPROVED WITH MODIFICATIONS]

b. City of Carpinteria LCP Amendment No. MAJ-1-07 (Medical Marijuana Dispensaries and Reasonable Accommodation Procedures). Public hearing and action on request by City of Carpinteria to amend its LCP to 1) include a prohibition on medical marijuana dispensaries within City boundaries and 2) to include a procedure for granting a reasonable accommodation to zoning and building laws, rules, policies, practices and/or procedures of the City in order to allow for physical building changes that are necessary to provide disabled persons equal access. (AT-V) [DENIED]

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

a. Application No. 4-05-162 (340 Inc, Los Angeles Co.) Application of 340 Inc. to construct 3,573 sq. ft., 22 ft. high, single family residence and attached 1,404 sq. ft. workshop, 734 sq. ft. garage, 165 sq. ft. greenhouse; carport, decks, 30’ high viewing tower, pool, spa, water tanks; septic system; driveway; temporary construction trailer; and 492 cu. yds. of grading (263 cu. yds. cut and 229 cu. yds. fill). The project also includes removal of driveways, walls, and slabs from previous residence and removal of non-native invasive vegetation in disturbed areas at 1601 Rambla Pacifico, Malibu, Los Angeles County. (MCH-V) [POSTPONED]

b. Application No. 4-05-195 (Elliston, Malibu) Application of Doug and Diane Elliston to construct 3,000 sq. ft., two story 28 ft.-high, single family residence with a detached 682 sq. ft. two car lower level garage and 475 sq. ft. upper floor guest house, decks and balconies, driveway, septic system, gas tank, and 560 cu. yds. of grading (280 cu. yds. of cut and 280 cu. yds. of fill) at Ingleside Way and Coolglen Way, Malibu, Los Angeles County. (JCJ-V)  [APPROVED WITH CONDITIONS, moved to consent calendar]

An addendum has been appended to the staff report for item 11c below on Wednesday, November 7.

c. Application No. 4-07-28 (Johnson/Gray/Early, Los Angeles Co.) Application of John Johnson, Terry Gray, and Mary Early for after-the-fact request to re-divide four existing parcels into three reconfigured parcels located at 34221, 34217, and 34227 Mulholland Highway, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS, moved to consent calendar]

d. Application No. 4-06-101 (Gray, Los Angeles Co.) Application of Terry Gray to construct 6,473 sq. ft., 27-ft. high residence with attached 1,266 sq. ft. garage, driveway, Fire Department turnaround, water storage tank, septic system, retaining walls, and 3,584 cu. yds. grading (1,472 cu. yds. cut and 2,112 cu. yds. fill,) at 34221 Mulholland Highway, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS, moved to consent calendar]

e. Application No. 4-06-102 (Early, Los Angeles Co.) Application of Mary Early to construct 6,473 sq. ft., 27-ft. high residence with attached 1,266 sq. ft. garage, driveway, Fire Department turnaround, septic system, retaining walls, and 2,702 cu. yds. grading (2,667 cu. yds. cut and 35 cu. yds. fill) at 34217 Mulholland Highway, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS, moved to consent calendar]

An addendum has been appended to the staff report for item 11f below on Tuesday, November 13.

f. Application No. 4-06-135 (Goodfriend, Los Angeles Co.) Application of Marvin Goodfriend to remove 274 cu. yds. of demolition debris, regrade 358 cu. yds. of soil, and install hillside drainage system at 3925 and 3929 Malibu Vista Drive, Malibu, Los Angeles County. (MCH-V) [APPROVED WITH CONDITIONS]

g. Application No. 4-07-14 (Lane & Blake, Malibu) Application of Marc Lane and Samantha Blake to construct 4,771 sq. ft., three story, single family residence with attached 1,917 sq. ft. basement garage, solar photovoltaic panels 700 ft. long partially paved driveway, septic system, water tank, terraced gardens and landscaping, fire wall and fence, remove fence, and temporary residential trailer, 2 storage containers, and 2,320 cu. yds. of grading (1,160 cu. yds. of cut and 1,160 cu. yds. of fill) at 24071 Hovenweep Lane, Malibu, Los Angeles County. (JCJ-V) [APPROVED WITH CONDITIONS]

h. Application No. 4-07-16 (Frymer, Los Angeles Co.) Application of Edward Frymer to construct 2-story, 29 ft. tall, 6,439 sq. ft. single family residence with attached 3-car garage, septic system, temporary placement of construction trailer, landscaping, and grading of 495 cu. yds. cut and 440 cu. yds. fill, at 1521 Decker Canyon Road, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS, moved to consent calendar]

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. 4-02-12-A1 (Cadoux, Los Angeles Co.) Request by Alex Cadoux to amend permit for new single family residence to relocate septic system and to perform remedial grading for removal and recompaction of approximately 7,000 sq. ft. area of landslide debris on property located at 2915 Tuna Canyon Road, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS, moved to consent calendar]

An addendum has been appended to the staff report for item 12b below on Tuesday, November 13.

b. Application No. 4-04-104-A1 (Voss, Oxnard) Application of Dan Voss to amend CDP approved to construct 11 ft.-long concrete bulkhead wall extension, to delete bulkhead wall, and excavate boat dock berthing area, including increase of excavation to 334 cu. yds., permanent placement of 102 tons of rock rip-rap slope protection in 922 sq. ft. area of mudflat, and construction of a 35 ft. long deck adjacent to 4490 Eastbourne Bay, City of Oxnard, Ventura County. (BJC-V)  [DENIED]

13. PUBLIC WORKS PLAN.

An addendum has been appended to the staff report for item 13a below on Friday, November 9.

a. Ventura County-Channel Islands Harbor Public Works Plan Amendment No. 1-07 Time Extension. Public hearing and action to extend time limit for one year on request by the Ventura County Harbor Department to amend the certified Channel Islands Harbor PWP for waterside improvements to allow reconstruction, replacement, and maintenance of marinas and boater related amenities, allow pierhead expansions, consolidate commercial fishing services, and allow other changes in the policies of the PWP relating to waterside uses of the harbor. (AT-V) [APPROVED]

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

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

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

An addendum has been appended to the staff report for item 16a below on Friday, November 9.

a. City of Huntington Beach Major LCP Amendment No. 1-06 (Shea/Parkside) The proposed LCP amendment would certify land use plan for approximately 50 acre area which designates 38.4 acres of site as low density residential, 8.2 acres as parkland, and 3.3 acres as conservation. The site is located adjacent to and west of Graham Street, north of East Garden Grove Wintersburg flood control channel, and south of Kenilworth, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH MODIFICATIONS]

17. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-VEN-07-358 (City of Los Angeles Department of Public Works, Venice) Appeal by Robert Slayton of the denial of City of Los Angeles Local Coastal Development Permit Application No. 05-02 for proposed vacation of 25’ x 480’ portion of North Venice Boulevard public right-of-way at North side of North Venice Boulevard public right-of-way adjacent to 585-595 North Venice Boulevard, Venice, City of Los Angeles, Los Angeles County. (CP-LB) [NO SUBSTANTIAL ISSUE FOUND]

18. 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. 5-06-298 (Baziak, San Clemente) Application of Mr. and Mrs. David Baziak to install new landscaping and request for after-the-fact approval of installation of four (4) rows of wooden retaining walls to stabilize bluff face and thirteen (13) caissons and grade beams beneath residence and rear yard patio on coastal bluff lot at 4026 Calle Ariana, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS, moved to consent calendar]

b. Application No. 5-06-328 (Schwendener, Seal Beach) Application of Alan Schwendener to demolish existing one-story, 4,640 sq. ft. ten (10)-unit structure presently used for residential purposes and subdivide 13,667 sq. ft. lot into four (4) separate parcels ranging from 2,938 to 4,855 sq. ft., and construct four (4) new two-story, single-family residences ranging from 2,000 to 3,000 sq. ft. with attached two (2)-car garages and 600 cu. yds. of grading, at 400 Marina Drive, Seal Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

An addendum has been appended to the staff report for item 18c below on Friday, November 9.

c. Application No. 5-06-344 (City of Newport Beach, Newport Beach) Application of City of Newport Beach Department of Public Works to construct new 4 to 8ft.- wide sidewalk/boardwalk to provide connection with existing sidewalk. The project will cause impacts to riparian and wetland habitat, which the applicant proposes to mitigate by planting twelve (12) Arroyo Willow Stems and creation and enhancement of approximately 0.15 acres of wetland and riparian vegetation, at East side of Dover Drive from Cliff Drive to 970-feet north of Cliff Drive; Newport Beach, County of Orange (FSY-LB) [APPROVED WITH CONDITIONS, moved to consent calendar]

d. Application No. 5-06-481 (Abbott, Venice) Application of William Abbott to demoilish two-story single-family residence and detached garage, subdivide 2,700 sq. ft. lot into two lots, and construct two (one on each lot) three-level, 32.4-ft. high, 1,546 sq. ft. single-family residences, each with its own two-car garage in basement, at 121 Catamaran Street, Venice, Los Angeles, Los County. (CP-LB) [POSTPONED]

e. Application No. 5-07-70 (Alvarez, San Clemente) Application of Earnest Alvarez, Jr. & Paulette Alvarez to grade site and install caisson shoring/retaining walls and construct 4,468 sq. ft., 26 ft.-high, single family residence including offer to dedicate 2 ft.-wide public access easement with sidewalk at property line along Boca del Canon, and construct sidewalk along property frontage within La Rambla public right-of-way, at 317 La Rambla, San Clemente, Orange County. (KFS-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-07-56 (Cragun, San Clemente) Application of Mark Cragun to grade site and install caisson shoring/retaining walls and construct 4,976 sq. ft., 32.5 ft. high (above road centerline), single family residence including offer to dedicate 2 ft. wide public access easement with sidewalk at property line along Boca del Canon, and construct sidewalk along property frontage within La Rambla public right-of-way, at 319 La Rambla, San Clemente, Orange County. (KFS-LB) [APPROVED WITH CONDITIONS]

g. Application No. 5-07-210 (County of Los Angeles, Department of Public Works, Los Angeles) Application of County of Los Angeles, Department of Public Works 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) [APPROVED WITH CONDITIONS]

19. 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. 5-95-55-A9 (City of Long Beach & Aquarium of The Pacific, Long Beach) Request by City of Long Beach & Aquarium Of The Pacific to expand footprint and facilities of the existing aquarium use in Shoreline Park, including construction of new watershed exhibit, classroom, animal care facility, and western perimeter fence, at 100 Aquarium Way, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS, moved to consent calendar]

b. Permit No. 5-07-343-A1 (Macerich Property Management Co, Santa Monica) Request to remodel and redesign indoor 55,556 sq. ft. shopping mall into an outdoor shopping venue. Redesign will reduce the gross leasable sq. ft. by 10,234 sq. ft. and result in net loss of 49 parking spaces within one of two parking structures, at Santa Monica Place bounded by Broadway, Colorado Avenue, Second Street, and Fourth Street, Santa Monica, Los Angeles County. (AP-LB) [POSTPONED]

19.5. DISPUTE RESOLUTION.

a. Permit No. 5-04-466-EDD (Camden, L.L.C.) Public hearing on dispute over proposed grading to take place seaward of established bluff edge in compliance with Special Condition. No. 2 associated with project, as amended: demolish and construct new 8,990 sq. ft., two-story plus basement single-family residence with 293 sq. ft., 1st floor one-car garage and 2,444 sq. ft. subterranean, six-car garage on coastal bluff top lot at 177 Shorecliff Road, Newport Beach (Corona Del Mar), County of Orange. (FSY-LB)  [APPROVED]

STATEWIDE

20. APPROVAL OF MINUTES.

21. COMMISSIONERS' REPORTS.

22. CONSERVANCY REPORT.

23. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

24. SANTA MONICA BAY RESTORATION COMMISSION REPORT.

25. DEPUTY ATTORNEY GENERAL'S REPORT.

26. CHIEF COUNSEL’S REPORT.

a. New legislation concerning gifts to Coastal Commissioners.

27. 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 141, AB 258, AB 319, AB 350, AB 719, AB 739, AB 740, AB 828, AB 837, AB 992 , AB 1046, AB 1056, AB 1066, AB 1074, AB 1096, AB 1220 AB 1280, AB 1338, AB 1396, AB 1457, AB 1459, AB 1568, SB 4 , SB 10, SB 157, SB 412, SB 634, SB 670, SB 742, SB 821, SB 884, SB 911, SB 965, SCA 1.

8:00 a.m.

THURSDAY, NOVEMBER 15, 2007

1. CALL TO ORDER.

2. ROLL CALL.

ENFORCEMENT

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

SAN DIEGO COAST DISTRICT

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

a. Oceanside LCP Amendment No. 2-07 (D-Downtown District). Public hearing and action on request by the City of Oceanside to amend its LCP to revise certain zoning ordinances in the Downtown “D” District. The amendment involves changesto Articles 4, 12 and 41 of the City’s ordinance for the Downtown “D” District. Proposed changes will update the permissible commercial and visitor-serving uses and definitions including the introduction of condo-hotels within the Downtown “D” District and the Redevelopment Project Area. (TR-SD) [POSTPONED]

b. Carlsbad LCP Amendment No. 1-06D (Density Bonus Provisions). Public hearing and action to amend density bonus inclusionary housing provisions in certified implementation plan to ensure consistency with changes in state law. (LRO-SD) [POSTPONED]

An addendum has been appended to the staff report for item 4c below on Wednesday, November 14.

c. City of San Diego LCP Amendment No. 2-06B (Creekside Villas). Public hearing and action on request by the City of San Diego to amend the certified North City LCP Land Use Plan segment (Carmel Valley subarea) to re-designate an approximately 12-acre site from Open Space to Low-Medium Density Residential and Open Space, and to amend the certified LCP Implementation Plan to rezone portions of the site from MF1 and OS to MF3 and OS, located south of Route 56 and the Carmel Valley Restoration and Enhancement Project area, and east of Carmel Creek Road. (EL-SD) [APPROVED]

d. Port Master Plan Amendment No. 37 (Woodfin Suites Timeshare Hotel). Public hearing and action on request by the Port District to amend its certified Port Master Plan to redevelop 3.79-acre area with 140-suite, 95-ft. tall hotel (up to 40 hotel units could be sold as timeshares) with restaurant, lobby, spa, and meeting space; new marina sales and services building, parking, and new seawall and shoreline promenade on the west side of Harbor Island, north of Harbor Island Drive. (DL-SD) [WITHDRAWN]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

5. ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY. 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)

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

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

An addendum has been appended to and additional materials linked from the staff report
 for item 7a below on Wednesday, November 14.

a. Application E-06-013 (Poseidon Resources (Channelside), LLC, City of Carlsbad) Application of Poseidon Resources (Channelside) LLC to construct and operate seawater desalination facility and associated pipelines and pumping facilities on the site of Encina Power Plant, City of Carlsbad, San Diego County. (TL-SF) [APPROVED WITH CONDITIONS]

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

Items 8a & 8b below share a single, combined staff report.

a. Application No. E-98-029-A2/CC-059-00 (AT&T Corporation, San Luis Obispo Co.) Request by AT&T Corporation to reduce frequency of fiber optic cable burial surveys from once every 18 to 24 months to once every five years, in State and federal waters offshore of Montana de Oro State Park, west-southwest of Los Osos, San Luis Obispo County. (DL-SF) [APPROVED WITH CONDITIONS, moved to consent calendar]

b. Application No. E-00-004-A1/CC-078-00 (AT&T Corporation, Mendocino Co.) Request by AT&T Corporation to reduce frequency of fiber optic cable burial surveys from once every 18 to 24 months to once every five years, in State and federal waters offshore of Manchester State Beach, Mendocino County and State and federal waters offshore of Montana de Oro State Park, west-southwest of the Los Osos, San Luis Obispo County. (DL-SF) [APPROVED WITH CONDITIONS, moved to consent calendar]

9. 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)

10. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-043-07 (Corps of Engineers, Oceanside) Consistency determination by U.S. Army Corps of Engineers for vegetation and sediment management on San Luis Rey River, Oceanside, San Diego Co. (LJS-SF) [POSTPONED]

8:00 a.m.

FRIDAY, NOVEMBER 16, 2007

1. CALL TO ORDER.

2. ROLL CALL.

SAN DIEGO COAST DISTRICT

3. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-07-95 (Cornell, San Diego) Application of Ken Cornell to demolish two residential units (460 sq. ft. & 520 sq. ft.) and construct 3-story, two-unit, 3,067 sq. ft. condominium building with 4 parking spaces on 2,800 sq. ft. site, at 720-722 Manhattan Court, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-07-98 (Frontis & Young, San Diego) Application of Frontis & Young to demolish 2-story, 1,672 sq. ft. residential duplex and construct 30 ft. high, 2-story over basement, 2,643 sq. ft., two-unit apartment building, with 4 parking spaces on 2,405 sq. ft. site, at 724 Ostend Court, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-07-100 (Spencer, San Diego) Application of Scott Spencer to demolish three homes (814 sq. ft., 844 sq. ft. & 920 sq. ft.) and construct 3-story, 29 1/2 ft.- high, 1,637 sq. ft., home and 3-story, 2,732 sq. ft., residential duplex on 3 lots totaling 4,111 sq .ft., at 719, 723 & 725 San Rafael Place, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-07-102 (SeaWorld, San Diego) Application of SeaWorld of California to construct 5,000 sq. ft. partially enclosed, partially roofed, self-service snack food area within theme park, at 500 SeaWorld Drive, Mission Bay Park, San Diego, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS]

e. Application No. 6-07-105 (Cairncross, San Diego) Application of Steve Cairncross to demolish home and construct 4 detached, 30 ft. high, 3-story homes (1,560 sq. ft., 1,503 sq. ft., 1,425 sq. ft. and 1,526 sq. ft.), each with attached two-car garages on four lots totaling 5,827 sq.ft., at 805, 807, 809 & 811 San Rafael Place, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

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

a. County Of San Mateo LCP Amendment No. SMC-MAJ-1-06 (Miramar Beach Restaurant LCPA) Certification Review.Concurrence with Executive Director’s determination that action by the County of San Mateo, accepting certification of Amendment No. SMC-MAJ-1-06 with modifications, is legally adequate. (RP-SF)  [APPROVED]

7. NEW APPEALS. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 7a below on Wednesday, November 14.

a. Appeal No. A-2-HMB-07-34 (Ocean Colony Partners, LLC, Half Moon Bay) Appeal by George Muteff from decision of City of Half Moon Bay granting permit to Ocean Colony Partners, LLC for construction of a 32-lot residential subdivision and other associated improvements, including private streets, utilities, and private park and open space on a 7.95-acre project site within the Half Moon Bay Country Club Planned Unit Development south of Redondo Beach Road and west of Cabrillo Highway, Half Moon Bay, San Mateo County. (YLZ-SF) [NO SUBSTANTIAL ISSUE FOUND, Permit APPROVED WITH CONDITIONS]

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 Santa Cruz office at (831) 427-4863. [APPROVED]

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

a. Application No. 3-05-028 (Fisher, Pacific Grove). Application of Duke and Laura Fisher to restore disturbed dune habitat at 1631 Sunset Drive in the Asilomar Dunes area of Pacific Grove. (MW-SC)  [APPROVED WITH CONDITIONS, moved to consent calendar]

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

a. Santa Cruz County LCP Amendment No. SCO-MIN-1-7 Part 3 (Rural Road Standards). Concurrence with Executive Director’s determination that proposed modifications to Santa Cruz County’s certified LCP to amend the Implementation Plan’s grading ordinance design standards regarding rural private roads and driveways are minor. (SC-SC) [APPROVED]

b. Santa Cruz County LCP Amendment No. SCO-MAJ-1-06 Part 2 (Large Family Childcare Homes) Certification Review. Concurrence with the Executive Director’s determination that the action by Santa Cruz County, accepting certification of SCO-MAJ-1-06 Part 2 with modifications (establishing parameters for large family childcare operations up to maximum of 14 children), is legally adequate. (SC-SC) [APPROVED]

c. San Luis Obispo County LCP Amendment No. SLO MAJ-1-06 Part 2 (Fiscalini Ranch). Time Extension. Public hearing and action on request by San Luis Obispo County to extend time to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Major Amendment 1-06 Part 2 (Fiscalini Ranch). (JB-SC) [Time Extension APPROVED]

11. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-MCO-06-018 (Foster, Big Sur). Appeal by Commissioners Mike Reilly and Mary Shallenberger of Monterey County decision approving coastal permit with conditions for Steven Foster that would allow construction of 4,000 sq. ft. single-family residence and multiple accessory structures (including 3,200 sq. ft. barn with solar panels, 1,200 sq. ft. studio, 1,150 sq. ft. studio, 425 sq. ft. guesthouse, 850 sq. ft. caretaker’s unit, 225 sq. ft. shed, and 800 sq. ft. garage) as well as pool, septic system, well hookups, retaining walls, underground utilities (including an underground water tank), and associated grading and tree removal at Rocky Creek Ranch, 4855 Bixby Creek Road, in the Big Sur area of Monterey County. (KM-SC)  [SUBSTANTIAL ISSUE FOUND, Permit APPROVED WITH CONDITIONS in de novo Hearing]

b. Appeal No. A-3-MRB-06-064 (Colmer, Morro Bay). Appeal by Roger Ewing, Ray McKelligott, and Commissioners Caldwell and Shallenberger of City of Morro Bay decision approving coastal permit with conditions for Wayne Colmer that would allow subdivision of two parcels (totaling 3.17 acres) into 17 residential parcels and one open space parcel, and develop 17 homes and related infrastructure (road, utilities, etc.) adjacent the Black Hill Natural Area component of Morro Bay State Park at 485 South Bay Boulevard in the City of Morro Bay. (MW-SC) [SUBSTANTIAL ISSUE FOUND, TO CONTINUE]

c. Appeal No. A-3-GRB-07-051 (IGIT Inc., Grover Beach). Appeal by Commissioners Pat Kruer and April Vargas of City of Grover Beach decision approving coastal permit with conditions for IGIT Inc. that would allow construction of mixed use development project including 20-unit condominium hotel, commercial-retail space, and 37-space underground parking garage at the intersection of Grand Avenue and Highway One adjacent to Meadow Creek in the City of Grover Beach. (JB-SC)  [SUBSTANTIAL ISSUE FOUND, 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. 3-07-003 (Front Street Hotel, Morro Bay). Application of Robin Martella and George Leage to construct two-story, seven-unit hotel with underground parking at 1170 Front Street near the Embarcadero along Morro Bay in the City Morro Bay. (MW-SC) [POSTPONED]

b. Application No. 3-07-022 (ZHG Inc., Monterey). Application of ZHG Inc. to install approximately 600-ft.-long, driven sheet-pile metal seawall with perpendicular wingwalls immediately in front of existing seawall fronting Monterey Beach Hotel and as replacement for existing wingwalls along beach fronting hotel at 2600 Sand Dunes Drive in the City of Monterey. (SC-SC) [APPROVED WITH CONDITIONS, moved to consent calendar]

NORTH 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 Eureka office at (707) 445-7833. [APPROVED]

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

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. 1-07-14 (Porter, Humboldt Co.) Application of Steve Porter to increase the height by two feet of existing 150-foot-long roadside earthen berm along Stagecoach Road for privacy, at 1228 Stagecoach Road, Trinidad, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS, moved to consent calendar]

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. 1-05-8-A (California Department of Parks & Recreation, Mendocino Co.) Request by California Department of Parks & Recreation to amend permit granted for rehabilitation of Pudding Creek Trestle to allow for replacement of foundations of trestle-supporting bents at north end of Pudding Creek Trestle, including bents #26 through #32 and incorporate use of epoxy filler at structural connections of bolted members and bearing points of horizontal members of trestle structure to make connections more secure, at West of Highway One, at Pudding Creek, Fort Bragg, Mendocino County. (RSM-E) [APPROVED WITH CONDITIONS, moved to consent calendar]

17. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Application No. 1-07-33 (RDHC, LLC, Humboldt Co.) Granted permit with conditions to RDHC to raise and repave existing paved and gravel areas providing access to hay storage barns, at 532 Hookton Road, Loleta, Humboldt County. (MBK-E)  [APPROVED]

SAN DIEGO COAST DISTRICT

18. 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]

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

20. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-6-ENC-07-46 (Scott, Encinitas) Appeal by Commissioners Wan & Kruer from decision of City of Encinitas granting permit with conditions to Warren Scott Architecture to expand shopping center parking lot and add 18 asphalt parking spaces within landscaped area on 9 acre site, at 162 S. Rancho Santa Fe Road, Encinitas, San Diego County. (GDC-SD) [POSTPONED]

An addendum has been appended to the staff report for item 20b below on Thursday, November 15.

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 acre vacant site, at northeast corner of North Coast Highway 101 and La Costa Avenue, Leucadia, Encinitas, San Diego County. (GDC-SD)  [SUBSTANTIAL ISSUE FOUND, Permit APPROVED WITH CONDITIONS in de novo Hearing]

21. 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. 6-07-83 (UCSD/Venter Institute, San Diego) Application of University of California, San Diego to construct 3- story (over 112-space parking garage), 45,000 sq. ft., research facility, to include laboratory/research space, dining, fitness and conference facilities located on approximately 1.9-acre site, at southwest corner of Torrey Pines Road and La Jolla Village Drive, La Jolla, San Diego, San Diego County. (LRO-SD) [POSTPONED]

An addendum has been appended to the staff report for item 21b below on Thursday, November 15.

b. Application No. 6-07-93 (Coronado Safety Center, Coronado) Application of City of Coronado to construct 2,578 sq. ft. lifeguard safety service building consisting of equipment storage space, office space, restrooms and locker rooms on sandy beach, at Central Beach, Coronado, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

22. 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 appended to the staff report for item 22a below on Thursday, November 15.

a. Permit No. A-6-CII-00-87-A (Carlsbad golf course) Request by City of Carlsbad to amend permit for development of 18-hole championship golf course on 397 acre site to modify various components to include Hole 18 expansion and additional emergency access path, at 5800 Hidden Valley Road, Carlsbad, San Diego County. (TR-SD) [APPROVED WITH CONDITIONS, moved to consent calendar]


Future Meetings: The next meetings of the Coastal Commission will be December 12-14 in San Francisco and January 9-11 in Los Angeles/Orange County.

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