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December 2009 Agenda

San Francisco City Hall
Legislative Chambers, Room 250
1 Dr. Carlton Goodlett Place
San Francisco, CA
(415) 407-3211

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

This has been posted at 2 p.m., Friday, December 11, 2009.

Rules for the Use
of the
San Francisco City Hall
Legislative Chamber

There are strict guidelines that we will have to follow during the use of the Legislative Chamber as requested by the Clerk of the Board.

  • No waste paper may be left on the desks, floor, seats or benches.
     

  • Eating and drinking are not allowed in the Chamber at any time.
     

  • Please do not move desks or exchange chairs between one desk and another
     

  • Please do not mark or write on benches.
     

  • Standing is not allowed in the Legislative Chamber.
    All persons must be seated. If there are no seats available, you must wait outside the Chamber until seating is available. If you have submitted a request to speak and are not able to be seated in the Chamber, you will be asked to wait outside and a staff person will notify you when your name is called.

9:00 a.m.

WEDNESDAY, DECEMBER 9, 2009

1. CALL TO ORDER.

2. ROLL CALL.

3. ELECTION OF OFFICERS. Commission discussion and action on election of Chairman, Vice-Chairman and representative to Santa Monica Mountains Conservancy. [Bonnie Neely elected as Chair and Mary Shallenberger as Vice-Chair]

4. GENERAL PUBLIC COMMENT.  Public comments will be heard at 9 a.m. for no more than 30 minutes.  For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

SOUTH COAST DISTRICT (Los Angeles County)

5. ADMINISTRATIVE PERMIT APPLICATIONS . See AGENDA CATEGORIES.

a. Application No. 5-09-187 (Eisner, Long Beach) Application of Henry & Nancy Eisner to remove and replace 8-ft. x 28-ft. floating boat dock with same sized dock in same location using existing davits and no new piles, at 5652 Naples Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

6. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-189 (Shanghai Strand, LLC, Hermosa Beach) Application of Shanghai Strand, LLC, to remodel 2-story single family home with addition of 1,022 sq.ft. third floor and open deck, at 2014 The Strand, Hermosa Beach, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-09-192 (City of Hermosa Beach, Hermosa Beach) Application of City of Hermosa Beach to demolish and replace three 630 sq.ft. below grade public beach restrooms with 3 new 499 sq.ft. below grade restrooms in same locations, on the beach at intersections of The Strand & 2nd Street, 14th Street and 22nd Street, Hermosa Beach, Los Angeles County. (AP-LB) [POSTPONED]

SOUTH COAST DISTRICT (Orange County)

7. ADMINISTRATIVE CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-188 (Jorgensen, Huntington Beach) Application of Keith Jorgensen to modify “W” shaped, 2–slip boat dock by removing outer finger of existing boat dock float and install new 6-ft. x 60-ft. finger at right angle to existing middle finger,  remove existing pile at channelward tip of finger and install new 14-in. diameter, concrete pile at tip of proposed finger, at 3212 Portofino, Huntington Beach, Orange County. (MV-LB) [APPROVED]

8. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-152 (Oden, Seal Beach) Application of Sheila Oden to remove 1-story mobile home and replace with 1,004 sq.ft., 2-story manufactured home, at 74 Riversea, Seal Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO DISTRICT

9. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 6-09-049 (Caltrans Aliso Creek rest area renovations, San Diego Co.) Application of California Dept. of Transportation to demolish 4 comfort stations and construct 5 new comfort stations; construct two 3,000-gal. water tanks and associated pump equipment; reconfigure existing scenic outlooks; and landscape improvements, at north and southbound I-5 Aliso Creek Roadside Rest Areas, Camp Pendleton, San Diego County. (GB-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-09-57 (Lik, San Diego) Application of Peter Lik to demolish single family home and construct 3-story, 1,422 sq.ft. single family home on 1,331 sq.ft. lot, at 708 San Jose Place, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL COAST DISTRICT

10. 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.

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

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

a. City of Malibu LCP Amendment No. MAJ-3-09. Time Extension. Public hearing and action to extend the time limit for action for one year on City of Malibu’s request to amend the Transfer Development Credit (TDC) provisions of its certified LCP to allow ownership of TDC donor parcels to be transferred to a public entity willing to accept title, and to allow TDC donor parcels to be merged with adjacent buildable lot(s) rather than adjacent already developed lot(s), City of Malibu, Los Angeles County. (DC-V) [APPROVED]

[An addendum has been appended to the staff report for item 12b below on December 8.]

b. UCSB Notice of Impending Development No. 4-09 (Main Campus Infrastructure Renewal Project). Public hearing and action on Notice of Impending Development by University of California at Santa Barbara for replacement/new installation of 37,450 linear ft. of natural gas, potable water, sewer, and storm drain utility lines; installation of new stormwater treatment/filtration system; relocate existing stormwater drainage outfall at Campus Lagoon and; construct new Stormwater Filtration Basin; landscaping; restoration/enhancement of 22,406 sq.ft. of upland habitat area adjacent to lagoon; bicycle path improvements; and 45,527 cu.yds. of grading (37,439 cu.yds. excavation and 8,088 cu.yds. fill) on Main Campus of the University of California at Santa Barbara, Santa Barbara County. (ADB-V) [APPROVED]

[An addendum has been appended to the staff report for item 12c below on December 8.]

c. Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 2-09 (Channel Islands Harbor Public Boat Launch Reconstruction). Public hearing and action on notice of impending development by Channel Islands Harbor to reconstruct the public launch ramp on east side of the harbor, including adjusting ramp angle, reinforce existing support rip-rap, re-pave site, demolish and reconstruct public restroom, construct a new public walkway along the waterfront and Victoria Avenue, relocate entrance along Victoria Avenue, and improve lighting and landscaping at the Channel Islands Harbor Launching Facility, Victoria Avenue, Oxnard, Ventura County. (AT-V) [DENIED]

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

[An addendum has been appended to the staff report for item 13a below on December 8.]

a. Application No. 4-07-063 (Malibu Sea Breeze LLLP, Los Angeles Co.) Application of Malibu Sea Breeze LLLP to construct 2-story, 1,614 sq.ft., 35-ft. high, single family home, attached 3-car garage, unenclosed outdoor decks and stairways, and 761 cu.yds. of grading (329 cu.yds. cut and 432 cu.yds. fill) at 27118 Carrita Drive, Malibu, Los Angeles County. (AT-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 4-08-075 (SaddlePeak West LLC, and MRCA, Los Angeles Co.) Application of SaddlePeak West, LLC and Mountains Recreation and Conservation Authority (MRCA) to redivide 3 parcels (4.9-acres, 4.9-acres, and 10.22-acres in size), create 3 new parcels (2.2-acres, 2.7-acres, and 15.12-acres in size); including dedication in-fee title of approx. 10-acres of proposed 15.12-ac. parcel to MRCA, at East of Saddlepeak Road, 700 feet southeast of Whitney Road, Santa Monica Mountains, Los Angeles County. (BJC-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 4-08-089 (Los Angeles Co. Dept. of Public Works/Mountains Restoration Trust, Los Angeles Co.) Application of Los Angeles County Dept. of Public Works and Mountains Restoration Trust to implement habitat restoration program for off-site compensatory mitigation required pursuant to authorized Los Angeles Co. Dept. of Public Works’ projects located in coastal zone of Santa Monica Mountains, at Cold Creek Valley Preserve, south of Stunt Road and 1,000-ft. east of Mulholland Highway, Santa Monica Mountains, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

d. Application No. 4-09-054 (Los Angeles Co. Dept. of Public Works, Los Angeles Co.) Application of Los Angeles County Dept. of Public Works to repair roadway and construct soldier pile retaining wall with tie-back system, concrete wall fascia, drainage improvements, and regrading and revegetating slope below wall, located along 150 foot long stretch of Tuna Canyon Road, at Mile Markers 4.97, 4.98, Santa Monica Mountains, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

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.

a. Redondo Beach LCP Amendment RDB-MAJ-2-08. Time Extension. Public hearing and action on extension of time limit to act for City Council Action on Redondo Beach LCP Amendment No. 2-08 (Harbor Pier and Powerplant) certification with suggested medications. (GB-LB) [Time Extension APPROVED]

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

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

a. City of Long Beach LCP Amendment No. LOB-MAJ-2-09. City of Long Beach LCP Amendment No. LOB-MAJ-2-09 amends the development standards for Downtown Shoreline Planned Development District (PD-6) in order to specify that: (1) a new (second) hotel in Subarea 5 may be 6 stories in height instead of having to conform to the 3-story/40-ft. height limit, and (2) the site coverage requirements for Subarea 5 may be waived under certain circumstances, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

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

a. Application No. 5-09-103 (Verizon Wireless, Pacific Palisades) Application of Verizon Wireless to install new wireless telecommunication equipment on new 39-ft. high wood utility pool on seaward side of Pacific Coast Highway, consisting of 6-ft. double extension arms, 2 panel antennas, microcell, and 2 utility cabinets mounted on single pole, at 17980 1/4, Pacific Palisades, Los Angeles County. (AP-LB) [DENIED]

b. Application No. 5-09-151 (SHC Santa Monica Beach Hotel III, LLC, Santa Monica) Application of SHC Santa Monica Beach Hotel III, LLC to construct 6-unit condominium with 270 sq.ft. bicycle/skate rental shop on ground floor with outdoor display area and attain LEED Platinum or equivalent certification, at 1703 - 1715 Ocean Front Walk, Santa Monica, Los Angeles County. (AP-LB) [POSTPONED]

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

a. Permit No. 5-98-156-A17 (City of Long Beach & DDR Urban LP, Long Beach) Request by City of Long Beach to construct 5-story, 125-room hotel with 14,725 sq.ft. of ground-floor retail space on vacant lot in Downtown Shoreline area of Long Beach, at 290 Bay Street, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

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

a. Application No. 5-09-083 (City of San Clemente, San Clemente) Application of the City of San Clemente to construct 100 linear ft. by 2 ft. wide and 10-14 ft. tall flood wall adjacent to existing concrete channel at downstream end where Riviera Canyon underground drainage daylights at Plaza La Playa Channel Outlet at mouth of Riviera Canyon, San Clemente Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

22. DISPUTE RESOLUTION.

[Items 22a and 22b share a single, combined staff report; an addendum has been appended to it on December 8.]

a. Dispute Resolution No. 5-09-133-EDD (Yeskin, San Clemente) Appeal of the Executive Director’s determination that permit application (5-09-133) is incomplete as submitted by David York Architect and Robert J. Krup on behalf of David Yeskin, 323 La Rambla, San Clemente, Orange County. (KFS-LB) [Executive Director's Determination Upheld]

b. Dispute Resolution No. 5-09-134-EDD (Staver, San Clemente) Appeal of the Executive Director’s determination that permit application (5-09-134) is incomplete as submitted by David York Architect and Robert J. Krup on behalf of Rachel Staver, 325 La Rambla, San Clemente, Orange County. (KFS-LB) [Executive Director's Determination Upheld]

SAN DIEGO DISTRICT

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

a. City of Carlsbad LCP Amendment No. 2-07B (Kelly/JRM Office Building) Certification Review. Concurrence with the Executive Director's determination that the action by the City of Carlsbad accepting certification of LCP Major Amendment 2-07B (to revise the land use and zoning designations on a portion of 5.9 acre site to accommodate 89,894 sq.ft. office building) with modifications is legally adequate. (TR-SD) [APPROVED]

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

24.5 NEW APPEALS. See AGENDA CATEGORIES

a. Appeal No. A-6-CII-09-68 (City of Carlsbad, Carlsbad) Appeal by Commissioners Kruer & Wan from decision of City of Carlsbad granting permit with conditions to City of Carlsbad to construct 4-ft. tall, 200-ft. long chain link fence (with vehicle gate and pedestrian opening) across open space/public access lot, south of Buena Vista Lagoon, adjacent to The Beach Condominiums north of Ocean Street and Mountain View Drive, Carlsbad, San Diego County. (TR-SD) [POSTPONED]

25. 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 25a below on December 7]

a. Application No. 6-09-61 (Di Noto, Solana Beach) Application of Thomas Di Noto to construct improvements and remodel existing home on blufftop site, at 365 Pacific Avenue, Solana Beach, San Diego County. (LJM-SD) [APPROVED WITH CONDITIONS]

26. 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. 6-02-84-A (Scism, Solana Beach) Request by Ninni Scism to amend permit for seawall to reconstruct mid-bluff area above existing seawall using geogrid structure with soil on bluff face fronting 357 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD) [DENIED]

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:
Access for All v. Ackerberg, Govt. Code § 11126(e)(2)(A).
Ackerberg et al. v. CCC (Access for All et al., RPI), Govt. Code § 11126(e)(2)(A).
Berge et al. v. Cambria Community Services District et al., Govt. Code § 11126(e)(2)(A).
Electric Pointe LLC et al. v. City of Los Angeles, CCC, Govt. Code § 11126(e)(2)(A).
Harrington et al. v. CCC, Govt. Code § 11126(e)(2)(A).
McAllister v. CCC et al. (Laube et al., RPI), Govt. Code § 11126(e)(2)(A).
Reddell v. CCC et al., Govt. Code § 11126(e)(2)(A).
Revell v. CCC (Access for All, RPI), Govt. Code § 11126(e)(2)(A).
Security National Guaranty, Inc. v. State of California, CCC, Govt. Code § 11126(e)(2)(A).
Sierra Club v. CCC et al. (State Lands Commission et al., RPI), Govt. Code § 11126(e)(2)(A).
Strother et al. v. CCC (Alvarez et al., RPI), Govt. Code § 11126(e)(2)(A).
Venice Stakeholders Association v. CCC et al., Govt. Code § 11126(e)(2)(A).
In the matter of Bureau of Indian Affairs decision re Big Lagoon Rancheria, Govt. Code § 11126(e)(2)(A).
Monterey County LCP Amendment No. 1-07, Govt. Code §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).

27. APPROVAL OF MINUTES.

28. COMMISSIONERS' REPORTS.

29. CONSERVANCY REPORT.

30. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

31. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Audio and Video Streaming Services Contract for Commission Meetings. Commission authorization for Executive Director to enter into a contract for audio-visual services and web streaming broadcast of Commission meetings. (SH-SF) [APPROVED]

b. Public Access Program.  Status Report regarding Coastal Commission required Vertical Offers to Dedicate public access easements and Vertical Public Access Deed Restrictions in San Diego and Orange Counties. (LL-SC)

c. Public Education Program Annual Update. The Public Education staff will conduct a presentation on its activities and accomplishments in 2009.
(CP, SL, AF, VM, ES, SW, MY-SF)

9:00 a.m.

THURSDAY, DECEMBER 10, 2009

1. CALL TO ORDER.

2. ROLL CALL.

3. GENERAL PUBLIC COMMENT.  Public comments will be heard at 9 a.m. for no more than 30 minutes.  For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

4. 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.

5. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

6. REVISED FINDINGS.  See AGENDA CATEGORIES.

a. CC-056-09 (City of San Diego, San Diego Co.) Revised Findings for conditional concurrence with resubmitted Consistency Certification by City of San Diego for secondary treatment waiver (i.e., Environmental Protection Agency (EPA) Reissuance, under Section 301(h) of the Clean Water Act, of a modified National Pollutant Discharge Elimination System (NPDES) Permit) for Point Loma Wastewater Treatment Plant Discharges offshore of San Diego, San Diego County. (MPD-SF) [POSTPONED]

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

8. 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 8a below on December 9.]

a. Application No. E-09-010 (Pacific Gas & Electric Co., Humboldt Co.) Application of Pacific Gas & Electric Co. to demolish and decommission 2 gas-fired and 1 nuclear power generating units at Humboldt Bay Power Plant, near King Salmon, Humboldt County. (TL-SF) [APPROVED WITH CONDITIONS]

9. REVOCATION.

[An addendum has been linked from the staff report for item 9a below on December 10.]

a. Revocation Request No. R-E-06-013 (Poseidon Resources, Carlsbad) Request by Surfrider Foundation, San Diego Coastkeeper, and Coastal Environmental Rights Foundation to revoke permit E-06-013 granted to Poseidon Resources to construct and operate a 50 million gallon per day seawater desalination facility at site of Encina Power Plant, adjacent to Agua Hedionda Lagoon, in City of Carlsbad, San Diego County. (AJD-SF) [REVOCATION DENIED]

ENFORCEMENT

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

NORTH COAST DISTRICT

11. DEPUTY DIRECTOR’S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission’s Eureka office at (707) 445-7833.

a. City of Fort Bragg Specific Plan. Briefing by Commission staff, City of Fort Bragg staff, and Georgia Pacific officials on City of Fort Bragg’s Specific Plan Process for reuse of approx. 400-ac. Georgia Pacific mill site, west of Highway One, adjacent to downtown Fort Bragg, Mendocino County. (RSM-E)

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

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

14. NEW APPEALS.  See AGENDA CATEGORIES

a. Appeal No. A-1-EUR-09-46 (Colburn, Eureka) Appeal by Commissioners Sanchez & Stone from decision of City of Eureka granting permit with conditions to Robert Colburn for construction of new approx. 3,582 sq.ft. metal warehouse on northeast corner of property behind existing commercial building, including 725 sq.ft. watchman's quarters on mezzanine level and installation of 1,270 sq.ft. biotention cell and 675 sq.ft. vegetated swale, at 722 West Washington Street, Eureka, Humboldt County. (JB-E) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

b. Appeal No. A-1-DNC-09-48 (Border Coast Regional Airport Authority, Del Norte County) Appeals by Commissioners Shallenberger & Wan and the Friends of Del Norte from decision of County of Del Norte granting permit with conditions to Border Coast Regional Airport Authority for airport terminal expansion project, City of Del Norte, Del Norte County. (JB-E) [POSTPONED]

[An addendum has been linked from the report for item 14c below on December 9]

c. Appeal No. A-1-EUR-09-049 (CUE VI, LLC, Eureka) Appeal No. A-1-EUR-09-49 (CUE VI, LLC, Eureka) Appeals by: (1) Commissioners Stone & Mirkarimi, (2) Humboldt Baykeeper, Environmental Protection Information Center, & Northcoast Environmental Center, and (3) Ralph Faust from decision of City of Eureka granting permit with conditions to CUE, VI, LLC for Phase 1 of the Marina Center project. Phase 1 of the Marina Center project includes implementation of the Supplemental Interim Remedial Action Plan (SIRAP), and including creation of an 11.89 acre wetland reserve, which has received concurrence from the California Regional Water Quality Control Board, North Coast Region (RWQCB), City of Eureka, Humboldt County. (JB-E) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

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

[An addendum has been appended to the staff report for item 15a below on December 9.]

a. Application No. 1-09-4 (Humboldt State University Office of Facilities Management, Eureka) Application of Humboldt State University Office of Facilities Management to demolish wharf structures and construct new gangway and floating dock for boating instruction and recreational uses on Humboldt Bay, Humboldt State University's Humboldt Bay Aquatic Center, between K & J Street, Eureka, Humboldt County. (RSM-E) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 15b below on December 9.]

b. Application No. 1-09-24 (City of Ferndale, Humboldt Co.) Application of City of Ferndale to upgrade Wastewater Treatment Facility (WWTF) to meet water quality and wastewater discharge standards, at Port Kenyon Road between Market & California Streets, Ferndale, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

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 San Francisco office at (415) 904-5260.

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

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

a. San Mateo County LCP Amendment No. SMC-MAJ-1-07 (Midcoast Update). Public hearing and action on request by San Mateo County to update its land use plan (LUP) and implementation plan (IP) for the urban Midcoast area (El Granada, Miramar, Moss Beach, Montara, Princeton-by-the-Sea). (RP-SF) [APPROVED WITH MODIFICATIONS]

b. San Mateo County LCP Amendment No. SMC-MAJ-1-04-A (Midcoast Design Standards). Public hearing and action on request by County of San Mateo to amend the LUP and IP to establish new design standards for single-family and duplex development in the urban Midcoast (El Granada, Miramar, Moss Beach and Montara). (MC-SF) [APPROVED WITH MODIFICATIONS]

c. San Mateo County LCP Amendment No. SMC-MAJ-1-09 (Wireless Facilities). Public hearing and action on request by San Mateo County to amend its certified Implementation Plan (IP) to establish regulations for wireless telecommunication facilities. (MC-SF) [APPROVED WITH MODIFICATIONS]

9:00 a.m.

FRIDAY, DECEMBER 11, 2009

1. CALL TO ORDER.

2. ROLL CALL.

3. GENERAL PUBLIC COMMENT.  Public comments will be heard at 9 a.m. for no more than 30 minutes.  For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

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 Santa Cruz office at (831) 427-4863.

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

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

a. San Luis Obispo County LCP Amendment No. SLO-3-09 (Framework for Planning Update). Time Extension. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to update the LCP’s Framework for Planning. (JB-SC) [Time Extension APPROVED]

b. City of Capitola LCP Amendment No. CAP-2-09 Part 1 (Affordable Housing Overlay District). Time Extension. Public hearing and action on extension of time limit to act on request by City of Capitola to amend the LCP to include an Affordable Housing Overlay District to allow increased densities (of up to 20 units per acre) on identified sites that provide a minimum of 50% affordable units. (SC-SC) [Time Extension APPROVED]

c. City of Capitola LCP Amendment No. CAP-2-09 Part 2 (Mixed Uses in Community Commercial District). Time Extension. Public hearing and action on extension of time limit to act on request by City of Capitola to amend LCP to allow mixed-use residential development in Community Commercial Districts. (SC-SC) [Time Extension APPROVED]

7. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-MCO-08-050 (REVX-173 LLC, Monterey Co.) Appeal by Commissioners Blank & Shallenberger of Monterey County decision granting permit with conditions to REVX-173 LLC for construction of 70,000 sq.ft. industrial warehouse and increased intensity of use (including 93,669 sq.ft. warehouse, 81,578 sq.ft. industrial shops and light manufacturing, 105,720 sq.ft. refractory production, 2,770 sq.ft. offices, 2,500 sq.ft. research and development, and 9,450 sq.ft. accessory structures) at former National Refractories site, at 7697 Highway One, Moss Landing, Monterey County. (KM-SC) [POSTPONED]

8. 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 8a below on December 10.]

a. Application No. A-3-SNC-98-114 (SNG Development Co., Monterey Co.) Application of SNG Development Co. (on remand from court decision) to construct approx. 360,000 sq.ft. mixed-use residential and visitor serving development (Monterey Bay Shores Resort) including 160 hotel rooms, 180 condominium units (92 residential, 46 visitor-serving residential, and 42 visitor-serving units), restaurant, conference center, spa, 3 swimming pools, surface and underground parking for 841 vehicles, public and private access trails, dune/habitat restoration, and related infrastructure (including water, sewer, stormwater systems, and various energy reduction technologies (solar, wind, geothermal, etc.) requiring 695,000 cu.yds. of grading (and 418,000 cu.yds. of sand disposal) in sand dunes seaward of Highway One, Sand City, Monterey County. (MW-SC) [DENIED]

b. Application No. 3-08-019 (Sea Breeze LLC, Santa Cruz Co.) Application of Sea Breeze LLC to modify and expand existing gunite seawall with new footings, anchors, and faux bluff surfacing extending from rock shelf area to blufftop edge, extending along shoreline from Larch Lane seawall to Hook seawall and completely cover bluff above rock shelf seaward of 2-3920 East Cliff Drive (on bluff seaward of East Cliff Drive and adjacent to 38th Avenue Beach), Live Oak Beach Area, Santa Cruz County. (SC-SC)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 3-08-052 (Embarcadero 801 LLC, Morro Bay) Application of Embarcadero 801 LLC to demolish portions of 2 existing buildings and construct single remodeled building for mixed-use development including conference center, restaurant, and commercial retail components, 17 new boat slips, 2 public plazas, and public access decks along Embarcadero adjacent to and over Morro Bay at 801 and 833 Embarcadero Road, Morro Bay, San Luis Obispo County. (MW-SC)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

d. Application No. 3-09-020 (Caltrans, Monterey Co.) Application of California Dept. of Transportation to modify rock slope protection and install ring-net gabion baskets, to protect Highway One and the Highway One Bridge at toe of slope and north end of Limekiln Beach at Limekiln State Park in Big Sur area of Monterey County. (LO-SC)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

Future Meetings:  The next meetings of the Coastal Commission will be January 13-15 in Huntington Beach and February 10-12 in Oceanside.