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January 2009 Agenda

City of Oceanside
City Council Chambers
300 North Coast Hwy.
Oceanside, CA 92054

This has been updated at 10:30 a.m., Friday, January 9, 2009.

10:00 A.M.

WEDNESDAY, JANUARY 7, 2009

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT (Los Angeles County)

3. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-08-302 (James Maslon Trust, Los Angeles Co.) Application of James Maslon Trust to demolish 1-story, 917 sq.ft. single-family home, and construct 3-level, 30-ft. high, 3,348 sq.ft. single-family home with attached 2-car garage on canal-front lot, at 2331 Grand Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [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. City of Half Moon Bay LCP Amendment No. HMB-MAJ-1-08  (Callan Rezone). Public hearing and action on request by City of Half Moon Bay to amend its certified Implementation to rezone an approximately 35,143 sq.ft. (.80 ac.) property from Single-Family Residential (R-1-B-2) to Single-Family Residential (R-1-B-1). (DSM-SF) [APPROVED]

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.

a. Application No. 2-07-038 (City of Pacifica) Application of City of Pacifica to retain 700-ft. long, 40-ft. wide, 20 ft. tall rock revetment, previously constructed under emergency conditions and previously approved under A-2-PAC-00-10 and 2-00-009, along bluff face west of 528-572 Esplanade Drive, Pacifica, San Mateo County. (MC-SC) [APPROVED WITH CONDITIONS]

8. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-2-MAR-08-28 (Lawson’s Landing, Dillon Beach) Appeal by Sara Wan, Mike Reilly, Marin Audubon Society, Sierra Club - Marin Group, Alliance of Permanent Trailers, and Environmental Action Committee of West Marin of decision of County of Marin granting permit with conditions to Lawson’s Landing, Inc. for recreational and agricultural uses of the 940 to 960-acre property and use of approximately 245 acres of land for campground related uses on numerous parcels, at 137 Marine View Drive, Dillon Beach, Marin County. (RP-SF) [SUBSTANTIAL ISSUE FOUND, de Novo Hearing TO CONTINUE]

CENTRAL 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 Santa Cruz office at (831) 427-4863.

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

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

a. San Luis Obispo County LCP Amendment No. SLO-MAJ-2-04 Part 2 (Estero Area Plan Update) - Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County accepting certification of LCP amendment SLO-MAJ-2-04-Part 2 with modifications (updating the LCP land use plan’s Estero Area Plan, including revised standards for development in the Estero area) is legally adequate. (JB-SC)  [APPROVED]

b. San Luis Obispo County LCP Amendment No. SLO-MAJ-2-04 Part 3 (Partial CZLUO Update)-Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County accepting certification of LCP amendment SLO-MAJ-2-04 Part 3 with modifications (amending multiple sections of the certified LCP implementation plan) is legally adequate. (JB-SC)  [APPROVED]

c. San Luis Obispo County LCP Amendment No. SLO-MAJ-1-05 Part 2 (DeVincenzo)-Time Extension. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to amend the County’s Local Coastal Plan by changing the land use category on portions of two parcels in the Avila Valley from Rural Lands (RL) to Recreation (REC) and Open Space (OS) and to allow hotels/motels as a special use in the REC category. (JB-SC)  [Time Extension APPROVED]

d. San Luis Obispo County LCP Amendment No. SLO-MAJ-1-08 (Agricultural Property Subdivision - Minimum Parcel Size and Clustering)-Time Extension. Public hearing and action on  extension of time limit to act on request by San Luis Obispo County to amend LCP Section 23.04.024 regarding minimum parcel sizes in the Agriculture land use category and to add LCP Sections 23.04.037 and 23.04.038 regarding clustering with subdivisions in the LCP’s Agriculture and Rural Lands land use categories. (JB-SC) [APPROVED]

e. University of California at Santa Cruz (UCSC)’s Coastal Long Range Development Plan (CLRDP)-Certification Review. Concurrence with the Executive Director’s determination that the action by the University of California accepting certification of the University of California at Santa Cruz (UCSC)’s Coastal Long Range Development Plan (CLRDP) with modifications (providing for an expanded Marine Science Campus on the University’s 100-acre Terrace Point property at the western border of the City of Santa Cruz), is legally adequate. (DC-SC) [APPROVED]

12. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-SCO-08-040 (Santa Cruz County Public Works Department) Appeal by Richard Bartlett, Carolee Burrows, Gary Cunningham, Peter Heylin, Barbara Litsky, Gary Marcum, Cliff Osborne, Robert Rasmussen, Nina Siederbrig, Jean-Anne Taormina, Patrick Tracy, and Mary Twisselman of Santa Cruz County decision granting permit with conditions to Santa Cruz County Public Works Department to prohibit RV parking on East Cliff Drive between 5th and 7th Avenues adjacent to Twin Lakes State Beach in the Live Oak beach area of Santa Cruz County. (SC-SC) [TO CONTINUE]

b. Appeal No. A-3-MCO-08-061 (Felicity LLC, Pebble Beach) Appeal by Commissioners Kruer and Wan of Monterey County decision granting permit with conditions to Felicity LLC to demolish 2,577 sq.ft. and add 7,089 sq.ft. to existing single family home, and to demolish 480 –sq.ft. guesthouse and construct new 850 –sq.ft. detached caretaker unit, at 3252 17-Mile Drive, Pebble Beach, Monterey County. (KM-SC) [POSTPONED]

13. PERMIT AMENDMENT. See AGENDA CATEGORIES.

a. Permit No. 3-01-039-A2 (Seymour, Morro Bay) Request by Valerie Seymour to amend coastal development permit to convert 4 room visitor-serving motel/spa into 2 room visitor-serving motel/spa and  single-family home with hot tub, storage shed, deck and fence on bluff at rear of building, at 1140 Front Street, Morro Bay, San Luis Obispo County. (MW-SC) [TO CONTINUE]

b. Permit No. P-80-393-A1 (Opal Cliffs Recreation District, Santa Cruz Co.) Request by Opal Cliffs Recreation District to amend coastal development permit to modify several components of Privates Beach coastal accessway, including recognizing after-the-fact construction of 9-ft. fence and locked gate at entrance, and implementing series of accessway improvements inside gate (including installing outdoor shower, upgrading existing water faucet and water meter, and replacing railings and landscaping) at 4520 Opal Cliffs Drive, in Live Oak beach area, Santa Cruz County. (SC-SC) [TO CONTINUE]

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

a. City of Malibu LCP Amendment No. MAJ-1-07 (Broad Beach) Certification Review.  Concurrence with Executive Director’s determination that action by the City of Malibu, acknowledging receipt, acceptance, and agreement with the Commission’s certification with suggested modifications is legally adequate. (DC-V) [APPROVED]

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

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

a. City of Santa Barbara LCP Amendment No. MAJ-3-08 (Coast Village Road/Olive Mill Road Rezone) 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 Implementation Plan by amending the Zoning Ordinance map to change the zoning of one lot from Two-Family Residential and Coastal Overlay Zone (R-2/S-D-3) to General Commerce and Coastal Overlay Zone (C-1/S-D-3) located at 1298 Coast Village Road, City of Santa Barbara, Santa Barbara County. (JJ-V) [Time Extension APPROVED]

b. City of Santa Barbara LCP Amendment No. SBC-MAJ-1-08. Public hearing and action on request by City of Santa Barbara to amend its LCP to update the land use and zoning designations for several properties in the Las Positas Valley that have been annexed from Santa Barbara County to the City of Santa Barbara, Las Positas Valley, City of Santa Barbara, Santa Barbara County.  [APPROVED]
(SLG-V)

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

a. Application No. 4-08-067 (City of Ventura, Ventura Co.) Application of City of Ventura to perform routine repair and maintenance activities to Ventura Pier for the next 5 years, at California St. and Harbor Blvd., City of Ventura, Ventura Co. (DC-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

b. Application No. 4-06-018 (Bonenfant, Los Angeles Co.) Application of Dan Bonenfant to construct 2-story 35 ft. 2,030 sq.ft. single-family home with attached 600 sq.ft. 3 car garage, 2,546 sq.ft. balconies/deck, driveway, retaining walls, septic system, drainage improvements, and 188 cu.yds. of cut grading with 188 cu.yds. of export to a disposal site, at 4111 Maguire Drive, Malibu Vista Small Lot Subdivision,  Los Angeles County. (JJ-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]           

c. 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) [APPROVED WITH CONDITIONS]

d. Application No. 4-07-132 (Bersohn, Los Angeles Co.) Application of David Bersohn to construct 3,003 sq.ft. 26-ft. high single family home, 720-ft. under house carport and workshop, 150 sq.ft. pump house with solar array, water tank, driveway, septic system, outdoor patio, temporary construction trailer, and 1,625 cu.yds. of grading (1,279 cu.yds. cut and 346 cu.yds. fill), at 24810 Piuma Road, Malibu, Los Angeles County. (AT-V) [POSTPONED]

18. PUBLIC WORKS PLAN.

[An addendum has been appended to the staff report for item 18a below on January 6.]

a. Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 1-08 (Bahia Marina Dock Expansion and Replacement). Public hearing and action on notice of impending development by Channel Islands Harbor to replace 84 existing slips with 91 new slips in sizes that range from 38 ft. to 131 ft. and replace associated gangways and abutments along west side of harbor at 4200 S. Harbor Boulevard, Oxnard, Ventura County. (AT-V) [APPROVED]

SOUTH COAST DISTRICT (Los Angeles County)

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 Long Beach office at (562) 590-5071.

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

21. 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 fee for public parking meters by $0.25 cents per hour resulting in $1.25 per hour for streets, and by $0.50 cents per hour resulting in $1.50 per hour for pier and beach parking lots within the appeal able area of the coastal zone, Manhattan Beach, Los Angeles County. (CP-LB) [NO SUBSTANTIAL ISSUE FOUND]

22. 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. 5-07-375 (T-Mobile, USA, Venice, Los Angeles) Application of T-Mobile, USA to install 47.5-ft. tall wood utility pole to support cell phone equipment and  antennas, at Eastern edge of Pacific Avenue right-of-way (4100 block - at Jib Avenue), Venice, Los Angeles, Los Angeles County. (CP-LB) [POSTPONED]

b. Application No. 5-08-187 (City of Long Beach Maintenance and Development Bureau, Long Beach) Application of City of Long Beach to establish a city tree trimming and tree removal policy, at Downtown Shoreline, Alamitos Bay Marina, and other state tidelands and beaches within City of Long Beach, Long Beach, Los Angeles County. (CP-LB) [POSTPONED]

c. Application No. 5-08-251 (Los Angeles Unified School District, Los Angeles) Application of Los Angeles Unified School District to construct 810 seat high school with 30 classrooms, administrative offices, gymnasium, amphitheater, sports fields, wind turbines, and 193 on-site parking spaces, at 3210 South Alma, San Pedro, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

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).
Burke v. CCC (State of California et al. RPI)  Govt. Code § 11126(e)(2)(A).
Driftwood Properties LLC v. CCC 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).
More Citizens for Safe Water et al. v. CCC et al. (Montara Water & Sanitary Dist., RPI)  Govt. Code § 11126(e)(2)(A).
Ocean Harbor House Homeowners Association v. CCC  Govt. Code § 11126(e)(2)(A).
Security National Guaranty, Inc. v. State of California, CCC et al.  Govt. Code § 11126(e)(2)(A).
Yandow et al. v. CCC  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).

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).

23. APPROVAL OF MINUTES.

24. COMMISSIONERS' REPORTS.

25. CONSERVANCY REPORT.

26. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

27. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. SONGS Mitigation Programs. Annual status report to review the progress on the SONGS wetland restoration and reef mitigation programs. (SMH-SF)

b. Report and possible action regarding the Commission’s approval of educational and training activities under Public Resources Code section 30327.5. [APPROVED]

9:00 a.m.

THURSDAY, JANUARY 8, 2009

1. CALL TO ORDER.

2. ROLL CALL.

ENFORCEMENT

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

SOUTH COAST DISTRICT (Orange County)

4. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-08-246 (Coral Cay Community Association, Huntington Beach) Application of Coral Cay Community Association to replace 61 slip marina in same configuration, with same number and sizes of slips, ranging in size from 30 ft. to 39 ft., existing piles will be re-used with no new piles proposed and dredging of 3,000 cu.yds. of material will be dewatered at nearby parking lot and disposed of at inland disposal site, at Coral Cay Lane/Marina Bay Drive, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-312 (Sandhu, Newport Beach) Application of Mohindar Sandhu to demolish 2-story single family home and construct new 2,447 sq.ft., 25-ft. tall, 2-story single family home over 1,324 sq.ft. basement parking garage/covered parking area, 95 sq.ft. balcony, 490 cu.yds. of cut for site preparation, hardscape improvements and no landscaping on beachfront lot, at 3314 West Ocean Front, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-08-301 (Darrin Wilson Trust, Newport Beach)  Application of Darrin Wilson Trust to demolish 2-story single family home and construct new 2,099 sq.ft., 2-story single family home with attached 321 sq.ft. 2-car garage on beachfront lot consisting of  minimum landscaping and no grading, at 5405 Seashore Drive, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

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

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

7. COASTAL PERMIT APPLICATIONS.  See AGENDA 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. 5-08-254 (TRG Investment, LLC, San Clemente) Application of TRG Investment, LLC to demolish 2-level, 5,211 sq.ft. single-family home and construct new 2-level, 6,177 sq.ft. single family home, 819 sq.ft. 3-car garage, grading consisting of 536 cu.yds. of cut, and hardscape and landscape improvements on bluff top, oceanfront lot, at 4036 Calle Ariana, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

8. RECONSIDERATIONS.

a. Application No. 5-07-327-R (Richard Livoni Second Family Limited Partnership, Newport Beach)  Application of Richard Livoni Second Family Limited Partnership for reconsideration of Commission approval with conditions which authorized removal of unpermitted retaining walls and beach access stairway from bluff face, re-grading lower bluff to natural contours, add new caisson-supported deck with enclosed bathroom and spa equipment room on upper bluff face, extend bluff face deck, landscaping and denial of new, at-grade pathway from new deck down bluff face to beach, at 3335 Ocean Blvd., Newport Beach, Orange County. (TH-LB) [POSTPONED]

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

a. City of Oceanside LCP Amendment No. 2-08 (Downtown "D" District).  Concurrence with the Executive Director's determination that the action by the City of Oceanside accepting certification of LCP Major Amendment 2-08 (updating 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) with modifications is legally adequate.  (TR-SD) [APPROVED]

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

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

[An addendum has been appended to the staff report for item 11a below on January 7.]

a. City of Carlsbad LCP Amendment No. 1-07B (Planned Development Regulations). Public hearing and action on request of City of Carlsbad to amend its LCP to revise zoning designations amending certain development standards pertaining to small lots and condominium developments and/or conversions.  The proposed modifications will facilitate the Planned Development of various high quality residential projects (TR- SD) [APPROVED WITH MODIFICATIONS]

b. Encinitas LCP Amendment No. 1-08 (Grading Ordinance Revisions). Public hearing and action on request by City of Encinitas to amend certified Implementation Plan with text revisions to City’s Grading Ordinance and to incorporate identified sections of the City’s Storm Water Manual into the LCP by reference. (GDC-SD) [APPROVED WITH MODIFICATIONS]

c. San Diego LCP Amendment No. 3-07A & B (Affordable Housing). Public hearing and action on request of City of San Diego to amend its certified Land Development Code to adopt citywide code revisions for affordable housing density bonuses; and, affordable/in-fill housing and sustainable projects. (LRO-SD) [POSTPONED]

12. NEW APPEALS.  See AGENDA CATEGORIES.

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

a. Appeal No. A-6-ENC-07-54 (Stahmer & Albin, Encinitas)  Appeal by Donna Westbrook from decision of City of Encinitas granting permit with conditions to Carl Stahmer & Anthony Albin to divide 2 vacant lots (4.23 acres total) into 4 residential lots, at 1120 and 1328 S. El Camino Real, Encinitas, San Diego County. (GDC-SD) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

b. Appeal No. A-6-OCN-08-49 (Biniaz, Oceanside)  Appeal by Commissioners Kruer & Wan, San Diego Sierra Club & Buena Vista Audubon Society from decision of City of Oceanside granting permit with conditions to Mr. & Mrs. Peter & Joni Biniaz to divide 24,000 sq. ft. lot into 2 lots (Lot 1 = 10,806 sq. ft. Lot 2 = 13,224 sq. ft.) and construct 24 ft. high, 3,384 sq. ft. home with attached 624 sq. ft. garage on proposed Lot 2, at 2020 Stewart St., Oceanside, San Diego County. (TR-SD) [POSTPONED]

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

c.  Appeal No. A-6-OCN-08-75 (Oceanside lot line adjustment)  Appeal by Citizens for the Preservation of Parks and Beaches from decision of City of Oceanside granting permit with conditions to City of Oceanside to adjust lot lines of 1.26 ac. site developed with multi-story Marina Towers condominium development and parking lot, at the entrance to the Oceanside Harbor, Oceanside, San Diego County. (TR-SD) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

d. Appeal No. A-6-IMB-08-121 (T-Mobile, Imperial Beach)  Appeal by Leslie McCollum & Richard Emilson from decision of City of Imperial Beach granting permit with conditions to T-Mobile to remove existing palm tree and construct 53-ft. high telecommunications facility consisting of 6 panel antennae mounted on a faux palm tree and base station equipment installed inside of a concrete walled area on southeast corner of a multi-family home, at 933 Seacoast Drive, Imperial Beach, San Diego County. (DL-SD) [NO SUBSTANTIAL ISSUE FOUND]

13. 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.

[Addenda have been appended to the staff reports for items 13a, 13c, and 13d below on January 7.]

a. Appeal No. A-6-PSD-08-4 (Lane Field Developers, San Diego)  Appeal by Commissioners Shallenberger & Kruer, Ian Trowbridge & UNITE HERE Local 30 from decision of Port of San Diego granting permit with conditions to Lane Field San Diego Developers, LLC to construct 2 hotels (205 ft.-high & 275 ft.-high) with 800 rooms total, approximately 80,000 sq.ft. of retail uses, restaurants, public spaces and underground parking for 1,330 vehicles, and development of an off-site hostel and public shuttle program, at site north of Broadway Street between Pacific Highway and Harbor Drive, Port District, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-08-62 (Blackburn, Solana Beach) Application of Ron Blackburn to construct 369 sq.ft. addition to 1,414 sq.ft. home on blufftop lot, at 205 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD) [POSTPONED]

c. Application No. 6-08-96 (UCSD & Sanford Consortium, San Diego) Application of University of California, San Diego & Sanford Consortium for Regenerative Medicine to construct 4-level (over subterranean level), 75-ft. high, 135,000 sq.ft.  research building including 418 surface parking spaces, 30,000 cu.yds. of grading and removal of approximately 380 Eucalyptus trees, at northwest corner of North Torrey Pines Road and Torrey Pines Scenic Drive, UCSD Campus, La Jolla, San Diego,San Diego County. (LRO-SD)  [APPROVED WITH CONDITIONS]

d. Application No. 6-08-100 (Abbott & Saratoga, San Diego) Application of Abbott & Saratoga, LLC to demolish 15 residential units in 4 detached structures and construct 2-story, 14,157 sq.ft., 12-unit condominium building (over 27-space subterranean parking garage) including vacation of portions of 2 adjacent alleys and re-landscaping with turf for public use, on 20,154 sq.ft. beachfront site, at 5113 Saratoga Avenue & 1984 Abbott Avenue, Ocean Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

e. Application No. 6-08-107 (State Parks, Imperial Beach) Application of California State Parks to remove metal sheds and construct 18-ft. high, 2,400 sq.ft. storage building within existing 8,900 sq.ft. fenced storage and nursery compound, at 310 Caspian Way, Imperial Beach, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

9:00 a.m.

FRIDAY, JANUARY 9, 2009

1. CALL TO ORDER.

2. ROLL CALL.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

3. 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. [APPROVED]

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

5. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CC-007-06 (City of Morro Bay and Cayucos Sanitary District, Morro Bay) Consistency Certification by City of Morro Bay and Cayucos Sanitary District for reissuance of Environmental Protection Agency (EPA) National Pollutant Discharge and Elimination System (NPDES) Permit for Secondary Treatment Waiver for Wastewater Treatment Plant Discharges, offshore of Morro Bay, San Luis Obispo County.  (MPD-SF)  [APPROVED]

NORTH COAST DISTRICT

6. 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.

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

8. NEW APPEALS.  See AGENDA CATEGORIES. 

[An addendum has been appended to the staff report for item 8a below on January 7.]

a. 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 the placement of a 230 ft. property line fence on blufftop lot at 39010 Ocean Drive, Gualala, Mendocino County. (RSM-E) [NO SUBSTANTIAL ISSUE FOUND]

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.

a. Application No. 1-08-1 (Russ & Wilburn, Humboldt Co.) Application of Lane & Lisa Russ & Mary Anne Wilburn for lot line adjustment and permit to merge and re-subdivide 5 parcels totaling 446.3 acres into 4 parcels, merging all of property lying on west side of Copenhagen Road into a single 417.2-ac. parcel, and reconfiguring 29.1 acres on east side of Copenhagen Road into 3 parcels so that southern residence (currently on APN 308-141-10) is on its own parcel, the barn and northern residence are together on one parcel and one parcel to remain undeveloped, at 2281, 2287 & 2351 Copenhagen Road, Loleta, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

b. Application No. 1-08-32 (Colbert, Mendocino Co.) Application of Abbie M. Colbert to remediate contaminated soil impacted by former leaching underground gasoline and diesel storage tanks by excavating an area of +/-1,920 sq.ft. to depth of +/-12-ft. (850 cu.yds.), installing sheet piling to stabilize the walls of the excavation, dewatering the excavation, and installing four (2-in. diameter) monitoring wells, at19290 South Harbor Drive, Noyo Harbor area of Fort Bragg, Mendocino County. (TST-E) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

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Future Meetings: The next meetings of the Coastal Commission February 4-6, 2009 in Los Angeles and/or Orange County and March 11-13, 2009 in Monterey.

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