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10:00 A.M.

WEDNESDAY, DECEMBER 10, 2008

1. CALL TO ORDER.

2. ROLL CALL.

STATEWIDE

3. ELECTION of CHAIRPERSON, VICE-CHAIRPERSON AND REPRESENTATIVES to SANTA MONICA MOUNTAINS CONSERVANCY. [Bonne Neely elected Chairperson, William Burke elected Vice-Chairperson]

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]

a. Presentation by the Peninsula Open Space Trust (POST) on its Land Stewardship Programs and other activities along the San Mateo County coastline (CL-SF).

5. CONSENT CALENDAR. See AGENDA CATEGORIES.

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

a. City of Half Moon Bay LCP Amendment No. HMB-MAJ-2-05 Parts A and B (Measure D). Public hearing and action on request by City of Half Moon Bay to amend its certified Local Coastal Program to implement Measure D, a 1% per year residential growth limitation initiated by the citizens of Half Moon Bay in 1999. (MC-SF) [POSTPONED]

ENFORCEMENT

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

a. Commission Cease & Desist Order No. CCC-08-CD-10 (Ackerberg, Malibu, Los Angeles County) Public hearing and Commission action on proposed Cease and Desist Order directing Mrs. Ackerberg, as trustee of the Ackerberg Trust, in which capacity she owns property located at 22500 and 22466 Pacific Coast Highway, Malibu, Los Angeles County to: 1) cease from engaging in further unpermitted development activities, including maintaining existing unpermitted development, at the property; 2) remove unpermitted development consisting of rock rip-rap, a wall, concrete slab and generator, fence, railing, planter, and landscaping from the areas covered by the lateral and vertical public access easements on the property; and 3) comply with conditions of existing permits and vertical and lateral public access easements, which provide for unobstructed public access over the areas of the property covered by those easements. (EM/AM-SF) [POSTPONED]

b. Notice of Violation No. CCC-08-NOV-08 (Ackerberg, Malibu, Los Angeles County) Public hearing and Commission action on existence of a violation of the Coastal Act, which, if found, will result in the recordation of a Notice of Violation identifying unpermitted development and violations of previously issued permits by Mrs. Ackerberg, trustee of the Ackerberg Trust property owner, on property located at 22500 and 22466 Pacific Coast Highway, Malibu, Los Angeles County. (EM/AM-SF) [POSTPONED]

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 WITH CONDITIONS]

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

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

a. City of Carmel LCP Amendment No. CML-MAJ-2-07 (Affordable Housing). Public hearing and action on request by the City of Carmel to amend the certified LCP to allow design and scale exemptions for projects involving affordable housing within the LCP’s Residential - Limited Commercial (RC) and Multi-Family (R-4) zone districts. (MW-SC) [APPROVED WITH MODIFICATIONS]

b. City of Grover Beach LCP Amendment No. GRB-MAJ-1-08 (Industrial Live-Work Units). Public hearing and action on request by the City of Grover Beach to amend the certified LCP to allow live work units in the Coastal-Industrial (C-I) zoning district. (JB-SC) [APPROVED]

c. City of Marina LCP Amendment No. MAR-MAJ-1-08 (Second Units). Certification Review. Concurrence with the Executive Director’s determination that the action by City of Marina accepting certification of LCP Major Amendment 1-08 (addressing the development of second units in the City’s coastal zone) with modifications is legally adequate. (MW-SC) [APPROVED]

d. City of Pismo Beach LCP Amendment No. PSB-DM-1-08 (Pismo Heights Density). Concurrence with the Executive Director’s determination that the request by the City of Pismo Beach to amend the LCP to allow subdivision within the medium and high density areas of the Pismo Heights planning district, and to rezone seven Pismo Heights residential lots from medium density (R-2) to high density (R-3), is de minimis. (MW-SC) [APPROVED]

e. Monterey County LCP Amendment No. MCO-MIN-2-08 (Covered Parking Requirements). Concurrence with the Executive Director’s determination that the request by Monterey County to amend LCP Chapter 20.58 to eliminate the covered parking requirement for new development in residential zoning districts other than High Density Residential (HDR) and Medium Density Residential (MDR) is minor. (KM-SC) [APPROVED]

f. Santa Cruz County LCP Amendment No. SCO-MAJ-3-03 Part 3 (Second Units on Agricultural Land). Public hearing and action on request by Santa Cruz County to modify the certified LCP Implementation Plan to allow second residential units on agricultural lands. (SC-SC) [DENIED]

g. Santa Cruz County LCP Amendment No. SCO-MAJ-2-06 Part 2 (Neighborhood Compatibility). Public hearing and action on request by Santa Cruz County: 1) to increase maximum lot coverage from 30% to 40% for residential parcels between 5,000 and 15,000 sq. ft.; 2) to allow averaging of adjacent front yards to establish minimum front yard setbacks for residential parcels; and 3) to modify the definition of “Net Site Area” within the Urban Services Line to exclude coastal bluffs and Monterey Bay submerged lands. (SC-SC) [POSTPONED]

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

a. Application No. 3-08-038 (Port San Luis Harbor District, Avila Beach) Application of Port San Luis Harbor District to dredge up to 250,000 cu.yds. of sediment and to apply sediments nearshore as beach nourishment, annually for 5 years, at Port San Luis Harbor, Avila Beach, San Luis Obispo County. (JB-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

12. REVOCATION.

a. Revocation Request No. R-A-3-MRB-06-064 (Black Hill Villas, Morro Bay) Request by Save the Park to revoke permit A-3-MRB-06-064 granted to Wayne Colmer to subdivide 2 parcels (totaling 3.17 acres) into 17 residential parcels and 1 open space parcel, and to develop 17 homes and related infrastructure (road, utilities, etc.) adjacent to Black Hill Natural Area portion of Morro Bay State Park, at 485 South Bay Boulevard, Morro Bay, San Luis Obispo. (MW-SC) [Revocation DENIED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

13. ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY.  Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development.  For specific information contact the Commission’s Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240.

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

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

[An addendum has been linked to the staff reports for items 15a and 16a below on December 10.]

a. Application No. E-08-012 (Chevron, San Luis Obispo Co.) Application of Chevron to construct 5,060 ft. of wire fencing with 3 gates to keep cattle from entering property and remove 90 ft. of existing fencing, at former Guadalupe Oil Field, San Luis Obispo County. (AD-SF)[APPROVED WITH CONDITIONS]

16. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Condition Compliance for Permit No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible adoption of revised findings for modified Marine Life Mitigation Plan implementing Special Condition 8 for previously approved desalination facility, Carlsbad, San Diego County. (TL-SF) [APPROVED]

b. Condition Compliance for Permit No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible adoption of revised findings modified Energy Minimization and Greenhouse Gas Reduction Plan implementing Special Condition 10 for previously approved desalination facility, Carlsbad, San Diego County. (TL-SF) [APPROVED]

17. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-42-08 (U.S. Environmental Protection Agency, Statewide) Consistency Determination by U.S. Environmental Protection Agency for draft National Pollutant Discharge Elimination System (NPDES) general permit for Vessel General Permit (VGP) for discharges incidental to normal operation of commercial vessels greater than or equal to 79-ft. in length (note: commercial fishing vessels are excluded from the VGP, except for ballast water discharges). (MPD-SF) [APPROVED]

STATEWIDE

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

Alberstone v. CCC (Stibel, RPI)  Govt. Code § 11126(e)(2)(A).
Beard et al. v. Bank of America, CCC et al.  Govt. Code § 11126(e)(2)(A).
Burke v. CCC (State of California et al. RPI)  Govt. Code § 11126(e)(2)(A).
Charles A. Pratt Construction Co. v. CCC  Govt. Code § 11126(e)(2)(A).
CCC v. U.S. Department of the Navy et al.  Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al.  Govt. Code § 11126(e)(2)(A).
McAllister v. CCC (Laube & Engel, RPI)  Govt. Code § 11126(e)(2)(A).
Ocean Harbor House Homeowners Association v. CCC  Govt. Code § 11126(e)(2)(A).
Save the Park v. CCC (Colmer, RPI)  Govt. Code § 11126(e)(2)(A).
Surfrider Foundation et al. v. CCC (Poseidon Resources (Channelside) LLC et al., RPI)  Govt. Code § 11126(e)(2)(A).
Appeal of Foothill/Eastern Transportation Corridor Agency to U.S. Secretary of Commerce   Govt. Code § 11126(e)(2)(A).
Access for All v. California Dep’t of Transportation et al., Gov Code section 11126(e)(2)(C).
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). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).

18. APPROVAL OF MINUTES.

19. COMMISSIONERS' REPORTS.

20. CONSERVANCY REPORT.

21. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

22. DEPUTY ATTORNEY GENERAL'S REPORT.

23. EXECUTIVE DIRECTOR’S REPORT including report on legislation and water quality.

a. Public Education Program Annual Update. The Public Education staff will conduct a presentation on its activities and accomplishments for 2008. (CP, SL, ES, AF, VM/SF) 

9:00 a.m.

THURSDAY, DECEMBER 11, 2008

1. CALL TO ORDER.

2. ROLL CALL.

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

SOUTH COAST DISTRICT (Los Angeles County)

4. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-08-130 (Herndon, Venice, Los Angeles Co.) Application of Dudley Herndon to construct 3-level, 28-ft. high, 4,200 sq.ft. single-family home with 3 parking spaces on 2,640 sq.ft. vacant lot on walk street, at 33 20th Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-264 (Hilton, Pacific Palisades) Application of David & June Hilton to demolish single-family home and construct 4,125 sq.ft., two story single-family home, with attached garage, and swimming pool, at 15879 Asilomar Blvd., Pacific Palisades, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-08-276 (Gatto & Kingsbury, Venice, Los Angeles Co.) Application of Steven Gatto & Sarah Kingsbury to demolish 1-story, 960 sq.ft. single-family home and detached garage; and construct 3-level, 30-ft. high (plus one 40-ft. high roof access structure), 2,628 sq.ft. single-family home with attached 2-car garage on 2,700 sq.ft. canal-front lot, at 2309 S. Grand Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-08-277 (City of Hermosa Beach, Hermosa Beach) Application of City of Hermosa Beach for Phase I improvements to Hermosa Beach Public Works Yard including: (a) demolition of existing wood structures; (b) construction of 1-story, 5,000 sq.ft. maintenance building; (c) 2,880 sq.ft. vehicle wash down area and 2 material storage bins; (d) relocation of 15 parking spaces; and (e) landscaping improvements, at 555 6th Street, Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-08-289 (Grand Prix Association of Long Beach, Long Beach) Application of Grand Prix Association of Long Beach for 2009 Toyota Grand Prix of Long Beach (April 16-19, 2009), including installation and removal of temporary facilities for traffic and public accommodations, at Downtown Shoreline, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

5. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 5-08-220 (Balboa Manor LLC, Newport Beach) Application of Leo Gugasian to remove and replace floating wood dock system at Balboa Pavilion in same size and configuration with new TREX composite decking and add new ADA compliant gangway.  No work is proposed to existing piles or to the service area floating dock, at 400 Main Street, Newport Beach, Orange County. (LR-LB) [APPROVED]

6. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-08-190 (Freimuth, Seal Beach) Application of James & Judy Freimuth to demolish and construct new 7,266 sq.ft. 2-story single-family home with basement and 756 sq.ft. attached 3 car garage on beach front lot resulting in 3-stories on beach side and 2-stories on street side, including grading of 1,650 cu.yds. of export to location outside of the coastal zone, at 208 Ocean Avenue, Seal Beach, Orange County (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-217 (City of San Clemente, San Clemente) Application of City of San Clemente to repair and maintain public City Pier consisting of stringer repairs (8), timber piles replacements/repairs (26), concrete piles replacements (8), repair of protective coating on steel piles and pile caps (82), steel pile caps repairs (22), bracing repairs (4), replacement of 12, 000 sq. ft. of deck planks, and installation of a new active Corrosion Protection (CP) system, and replacement of existing 2”, 3” and 4” sewer pipe line along the Pier to all to a 6” double containment sewer pipe, at San Clemente Pier, 615 Avenida Victoria, San Clemente, Orange County (LR-LB) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL COAST DISTRICT

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

a. City of Carpinteria LCP Amendment No.MIN-2-08 (Retail Uses Greater Than 20,000 Sq. Ft.). Public hearing and action on request by City of Carpinteria to amend its LCP to include an expanded Conditional Use Permit Process for retail uses greater than 20,000 sq.ft. in the City’s Central Business district and the Commercial Planned Development district. (AT-V) [APPROVED]

b. Channel Islands Harbor Public Works Plan Amendment No. 1-07 (Waterside Improvements). Executive Director’s determination that the County’s acknowledgement of receipt, acceptance, and agreement with the Commission’s certification with suggested modifications is legally adequate for Channel Islands Harbor PWP Amendment 1-07 -waterside improvements to allow reconstruction, replacement, and maintenance of marinas and boater related amenities, allow pierhead expansions, and allow other changes in the policies of the PWP relating to waterside uses of the harbor at Channel Islands Harbor, Ventura County. (AT-V) [APPROVED]

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

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

a. City of Santa Barbara LCP Amendment No. MAJ-2-08 (Veronica Meadows) Time Extension. Public hearing and action to extend the time limit for action for one year on City of Santa Barbara request to amend its LCP to apply land use and zoning designations on a parcel intended to be annexed into the City of Santa Barbara; modify the land use and zoning designations on an adjacent City parcel: and create a new zone district, SP-9, to establish development standards for the Veronica Meadows Specific Plan, Las Positas Valley, City of Santa Barbara, Santa Barbara County. (SLG-V) [APPROVED]

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

a. Application No. 4-06-106 (Haines, Los Angeles Co.) Application of Matthew Haines to construct 35-ft. high, 2,654 sq.ft. single-family home, 641 sq.ft. attached garage, septic system, driveway, retaining walls, 1,311 sq.ft. balconies, and 721 cu.yds. of grading (346 cu.yds. cut, 375 cu.yds. fill), at 2940 Sequit Drive, Santa Monica Mountains, Los Angeles County. (SLG-V) [POSTPONED]

[An addendum has been appended to the staff report for item 10b below on December 8.]

b. Application No. 4-06-109 (Sandron, Los Angeles Co.) Application of Allessandra Sandron to construct 5,704 sq.ft. single family home, detached garage with second floor guest unit, driveway, septic system, pool, and 1,600 cu.yds. of grading, at 21941 Saddle Peak Road, Topanga, Los Angeles County. (AT-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 4-07-066 (Halbreich, Los Angeles Co.) Application of David Halbreich to construct 2 story, 29.5-ft. high, 6,841 sq.ft. single family home, attached 598 sq.ft. 3-car garage, 985 sq.ft. covered decks, pool, hot tub, driveway, septic system, retaining walls, restore existing driveway, 2,450 cu.yds. of cut, (1,050 cu.yds. of fill, 1,450 cu.yds. of export), at 2818 Corralglen Drive, Malibu, Los Angeles County. (JJ-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 10d below on December 10.]

d. Application No. 4-07-106 (Turcios, Los Angeles Co.) Application of Jose Turcios to construct 35-ft. high, 4,759 sq.ft. single-family home, 822 sq.ft. attached garage, 719 sq.ft. veranda, pool, septic system, extension of Maliview Drive access road, driveway, 2 gates, retaining walls, and 10,950 cu.yds. of grading (5,500 cu.yds. cut, 5,450 cu.yds. fill), at 25710 Mulholland Highway, Santa Monica Mountains, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

11. DEPUTY DIRECTOR'S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission's Long Beach office at (562) 590-5071.

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

13. NEW APPEALS.  See AGENDA CATEGORIES

a. Appeal No. A-5-MNB-08-306 (City of Manhattan Beach, Manhattan Beach) Appeal by William Victor of City of Manhattan Beach decision granting permit for citywide modifications to the public parking meter rates, including raising the fee for public parking meters by fifty cents per hour resulting in $1.50 per hour for streets, and by $1.00 per hour resulting in $2.00 per hour for pier and beach parking lots within the appeal able area of the coastal zone, Manhattan Beach, Los Angeles County. (CP-LB) [POSTPONED]

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

a. Application No. 5-08-144 (Los Angeles County Dept. of Public Works, Long Beach) Application of Los Angeles County Dept. of Public Works to construct underground stormwater drain system with new outlet structure located at northwestern end of Marine Stadium, to replace existing drainage system that drains into Colorado Lagoon. Project includes catch basin screens and diversion of low-flows into sanitary sewer to improve water quality in Alamitos Bay, at Colorado Lagoon (5200 Eliot Street) and Marine Stadium (5255 Paoli Way, Long Beach, Los Angeles County. (CP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

15. DEVELOPMENT AGREEMENT.

a. Application No. 5-08-278 (Redevelopment Agency of the City of Santa Monica) Application of Redevelopment Agency of the City of Santa Monica for development Agreement between Redevelopment Agency of the City of Santa Monica and Related/Santa Monica Village, LLC to construct mixed use development with max. height of structures totaling 65 ft. and 96 ft. and designed to achieve certified LEED Silver status. Project consists of 164 market-rate condominiums; 160 affordable rental units; 20,000 sq.ft. of ground floor retail/restaurant space, with 3,000 sq.ft. of outdoor dining; 619 parking spaces; public access improvements; and landscaping, including photovoltaic system on the roof, at 1600-1800 Block East Side of Ocean Avenue/West Side of Main Street, Santa Monica, Los Angeles County. (AP-LB)  [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

16. 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.

a. Laguna Beach LCP Amendment No. LGB-MIN-2-5 (Minor). Request by the City of Laguna Beach to amend the certified Local Coastal Program (LCP) Implementation Plan, by deleting noise standards in Section 25.16.050 (Artists’ Live/Work) and Section 25.32.006 (M-1A Light Industrial) and inserting a cross reference to the City’s Noise Ordinance in Chapter 7.25 of the Municipal Code, Laguna Beach, Orange County (MV-LB) [APPROVED]

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

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

[An addendum has been appended to the staff report for item 18a below on December 5.]

a. Application No. 5-08-200 (Naddor, Laguna Beach) Application of Dan & Tracie Naddor to construct 2- story, 27 ft-high, 4,531 sq.ft. single family home with  attached 812 sq.ft. garage, elevated decks, retaining walls, spa, and landscaping on hillside lot within gated community of Three Arch Bay, at 31 N. Vista De Catalina, Laguna Beach, Orange County. (GB-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

19. 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.

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

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

a. Application No. 6-08-56 (Pardee Homes, San Diego). Application of Pardee Homes to divide 41.83 acres into 15 lots (10 single-family lots and 5 open space, brush management and private road lots) to include construction of 10 homes, 28,000 cu.yds. of balanced grading, road improvements along Old El Camino Real, and public trail link, at Old El Camino Real, south of San Dieguito Road, San Diego, San Diego County. (EL- SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

22. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Appeal No. A-6-IMB-07-131 (Pacifica Companies, Imperial Beach) Pacifica Companies granted permit with conditions to demolish 38-unit hotel and construct 4-story, 40-ft. high 129,845 sq.ft., 78-unit condominium-ownership hotel, on 1.39-ac. beachfront lot, at 800 Seacoast Drive, Imperial Beach, San Diego County. (DL-SD)  [Findings APPROVED]      

b. City of Oceanside LCP Amendment No. 01-07 (Downtown “D” District). City of Oceanside granted amendment with suggested modifications to certified LCP Implementation Plan to revise certain zoning ordinances in the Downtown “D” District.  (TR-SD) [WITHDRAWN]

c. City of Oceanside LCP Amendment No. 02-08 (Downtown “D” District- Revised Findings). City of Oceanside granted amendment with suggested modifications to the certified Implementation Plan LCP to revise certain zoning ordinances in the Downtown “D” District. The amendment involves changes to 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)  [Findings APPROVED]      

9:00 a.m.

FRIDAY, DECEMBER 12, 2008

1. CALL TO ORDER.

2. ROLL CALL.

STATEWIDE

3. FEDERAL 312 EVALUATION.  Pursuant to the federal Coastal Zone Management Act of 1972, as amended, a public hearing will be held as part of the federal performance evaluation of the California Coastal Commission. This evaluation, performed by the National Oceanic and Atmospheric Administration (NOAA) Office of Ocean and Coastal Management (OCRM) will explore the Coastal Commission’s accomplishments and needed improvements, and public concerns relating to the implementation of the California Coastal Management Program (CCMP) for the period of March 2005 through December 2008. This is an opportunity for the public to provide comments to OCRM.  Written comments may be submitted.  For further information, see the full public meeting notification.

3.5. CLIMATE CHANGE/GLOBAL WARMING. Briefing and discussion on Coastal Commission’s work on climate change and global warming issues. (CCTF/SH-SF)

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

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

6. NEW APPEALS.  See AGENDA CATEGORIES

a. Appeal No. A-1-HUM-08-45 (Zee, Humboldt Co.) Appeal by Daniel Edrich from decision of County of Humboldt granting to Roland & Roxanna Zee a 2 year extension for a permit originally approved on July 6, 2006 and modified on March 1, 2007 for 1,085 sq.ft., single-family home with 504 sq.ft. of decking, approximately 320 feet of fencing, and approximately 291 sq.ft. circular observation deck, at 425 Orange Drive, Manila, Humboldt County. (MBK-E) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-1-TRN-08-46 (Marshall, Trinidad) Appeal by Michael Reinman from decision of City of Trinidad granting permit with conditions to Jim Marshall for Design Review and permit for construction of new 2,454 sq.ft., 3-bedroom, 1-story, single-family residence on a vacant 12,815 sq.ft. property, at corner of Edwards and Hector Streets, Trinidad, Humboldt County. (RSM-E) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

c. Appeal No. A-1-MEN-08-48 (Plenty, Mendocino Co.) Appeal by James & Judy Carter Revocable Trust of 1996 from decision of County of Mendocino granting permit with conditions to Don & Jan Plenty for placement of 230 ft. property line fence on blufftop lot. The fence is a six ft. high redwood fence. The fence is placed along an old railroad easement that has multiple existing fences along it, at 39010 Ocean Drive, Gualala, Mendocino County. (RSM-E) [POSTPONED]

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

a. Application No. 1-07-41 (Humboldt County Dept. of Public Works) Application of Humboldt County Department of Public Works to remove accumulated sediment from Jacoby Creek stream channel, within right-of-way of Jacoby Creek Bridge, including approximately 300 cu.yds. initially and additional sediment on as needed basis in the future, at Jacoby Creek Bridge on Old Arcata Road, approximately 400 feet North of Graham Road in Bayside area of Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 1-08-34 (Dusty & Linda Dillion Trust, Mendocino Co.) Application of Dusty & Linda Dillion Trust to rehabilitate existing 23 space recreational-fishing RV Park by installing new service hook-up pedestals for each space, replacing existing water, electrical and sewage lines as necessary; replacing existing PG&E underground electrical service box, and landscaping, at 32094 North Harbor Drive, Fort Bragg, Mendocino County. (RSM-E) [Moved to Consent Calendar, 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.

[An addendum has been appended to the staff report for item 8a below on December 10.]

a. Permit No. A-1-FTB-05-53-A6 (Georgia-Pacific Corp., Fort Bragg) Request by Georgia-Pacific Corp. to modify permit granted for removal of former mill buildings foundations and interim remediation of contaminated soil to (1) authorize excavation of dioxin-impacted soil from areas of operable Unit A-South; (2) authorize construction of consolidation cell with engineered cap for soil management; (3) allow selected earthmoving activities outside non-rainy season, weather permitting; and (4) modify avian survey requirements to allow sting surveys to be conducted closer to actual time of work, at 90 West Redwood Avenue (former Georgia-Pacific California Wood Products Manufacturing Facility), Fort Bragg, Mendocino County. (TST-E) [TO CONTINUE]


Future Meetings: The next meetings of the Coastal Commission will be  January 7-9, 2009, in Oceanside and February 4-6, 2009 in Los Angeles and/or Orange County.

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