You may view and listen to this meeting gavel to gavel live on the web.

When in session, see:

• Just the webcast
• Webcast and the agenda in a frames page
• Just the audio

See the video archive page for previous meetings.

You need to have at least version 9 of Windows Media Player installed on your computer.

 

Staff reports linked from individual agenda items below are in PDF (portable document format). Thus, if you have Adobe Reader, you should be able to read and print. If not, you can get it free of charge. To download it, click here, then follow the installation instructions. Please remember that any attachments or exhibits we could not provide here are available for inspection at the offices of the Commission during normal business hours.

The Coastal Commission cannot receive comments on any official business by electronic mail unless specifically indicated. Any information relating to official business should be sent to the appropriate Commission office using U.S. Mail or courier service. Anyone wishing to communicate with a Commissioner about any matter pending before the Commission should read and abide by the ex parte communications rules.

NOTICE

The Coastal Commission’s monthly meeting agenda is now available only via the internet.

If you wish to receive electronic notification of the publication of the Commission meeting agenda, please send your email address to

For all other communications, including interest regarding a specific project and a notification request concerning such an item, please contact the appropriate district office  to request to be on the mailing list.

NOTE: Please make sure that you set your e-mail anti-spam settings specifically to allow receipt of email from the coastal.ca.gov domain.

 

March 2009 Agenda

Portola Hotel and Spa at Monterey Bay
Two Portola Plaza
Monterey, CA 93940
(831) 649-4511

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

This has been updated at 11:15 a.m., Friday, March 13, 2009.

10:00 A.M.

WEDNESDAY, MARCH 11, 2009

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-08-347 (O'Brien, Long Beach)  Application of Rosanne O'Brien to add 7’x 15’ floating dock segment to 7’x 25’ floating boat dock, and install new 4’x 4’ gangway platform and 2.5’x 20’ gangway.  No new piles, at 2 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

4. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-07-344 (Bell, San Pedro) Application of Donald & Mary Bell to construct two-story, 2,400 sq.ft., single family home with attached garage, at 1211 Paseo Del Mar, San Pedro, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-287 (Kamienowicz, Venice)  Application of Solomon & Hedy Kamienowicz to construct three-level, 33-ft. high (with 43-ft. high roof access structure), 5,152 sq.ft. single family home with attached 3-car garage on vacant 3,600 sq.ft. beach-fronting lot (and landscape portion of adjoining 27th Place walk street), at 2615 Ocean Front Walk, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-08-309 (Chhabria, Hermosa Beach)  Application of Raju & Philomina Chhabria to demolish vacant drive-thru dairy/convenience store and construct 3-story (over subterranean parking structure), 30-ft. high, 6,389 sq.ft. mixed-use commercial development with 18 on-site parking spaces on 5,475 sq.ft., C-2 zoned lot, at 205 Pier Avenue, Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-08-354 (Hayford, Newport Beach)  Application of Mr. Warren Hayford to demolish 3-story duplex with attached 2-car garage and construct new 2,449 sq. ft., 29 ft. high, 2-story single family home with 118 sq. ft. second story deck, 818 sq. ft. roof deck and attached 427 sq. ft. two-car garage, 350 cu. yds. of over-excavation and re-compaction for site preparation, hardscape improvements and minimal landscaping on a beachfront lot.  The project also requests after-the-fact approval of 15 ft. deep by 30 ft. wide concrete patio and 3 ft. tall perimeter wall within City’s oceanfront encroachment area, at 7304 West Oceanfront, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-09-3 (Steiner, Newport Beach)  Application of Mr. & Mrs. Allen Steiner to subdivide beachfront lot for single-family purposes, demolish single family home and construct new 1,606 sq. ft., 2-story single-family home with 541 sq. ft. basement and 662 sq. ft. 2-car garage, hardscape improvements and no landscaping on beachfront lot at 1358 E. Ocean Front, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

[Items 4f and 4g below  share a single, combined staff report.]

f. Application No. 5-08-356 (City Of Long Beach, Long Beach)  Application of City Of Long Beach for beach nourishment using suitable dredged material from Queens-way Bay, Alamitos Bay, and the Alamitos Bay entrance channel, at On the beach, between 1st Place and Junipero Avenue (West Beach), and between 54th and 72nd Places (Peninsula Beach), Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

g. Consistency Certification No. CC-004-09 (City of Long Beach, Long Beach)  Consistency Certification for disposal of material from maintenance dredging of existing navigation channels in Long Beach (including Alamitos Bay, Queensway Bay, and the Catalina ferry channels), of up to 90,000 cu. yds. of dredge material a year, at EPA-designated ocean disposal site LA-2, located 6 mi. offshore southwest of Point Fermin, San Pedro, Los Angeles County. (CP-LB). [APPROVED]

SAN DIEGO COAST DISTRICT

5. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 6-08-97 (Cricket Communications, San Diego)  Application of Cricket Communications to install telecommunication facility to include 30-ft. high flagpole with antennas ,attached and underground equipment vault, at San Dieguito Regional Park, 1686 Lomas Santa Fe Drive, San Diego, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]

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

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

8. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-4-STB-09-009 (6533 Trigo Road, Isla Vista) Appeal by Commissioner Mary Shallenberger and Commissioner Sara Wan from decision of the County of Santa Barbara granting permit to D 3 Partners, LLC to demolish a 893 sq. ft. service station and construct a 31,507 sq. ft., 51 ft. high mixed-use development project including: 45 residential units (8 of which will be affordable housing units, 2 commercial units) 22 on-site parking spaces, 49 secured bicycle parking spaces, and right-of-way encroachments along Trigo Road and Embarcadero del Norte for bicycle parking, commercial door-swings, commercial outdoor seating, and building canopies at 6533 Trigo Road, Isla Vista, Santa Barbara County. (AT-V) [POSTPONED]

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. 4-07-40 (Spector, Los Angeles Co.)  Application of Rod and Ramona Spector to construct 4,453 sq.ft., 2-story single family home, 506 sq.ft. attached garage, 572 sq.ft. detached guesthouse with 483 sq.ft. garage below, driveway, retaining walls, septic system, water tank, 1,217 cu. yds. of grading (274 cu. yds. cut, 943 cu.yds. fill), and after-the-fact creation of subject parcel, at 1721 Corral Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

b. Application No. 4-08-026 (Los Angeles County Department of Public Works, Santa Monica Mountains, Los Angeles, Co.) Application of Los Angeles County Department of Public Works to remediate active slope failure and repair/reconfigure 320 linear ft. segment of Hume and Briarbluff Roads involving 135,630 cu. yds. of grading (43,500 cu. yds. of cut, 130 cu. yds. of fill, and 92,000 cu. yds. of removal and recompaction), install drainage system, a temporary irrigation system, and revegetate site with native plants along portion of Hume Road (and descending slopes) between Castlewood and Briarbluff Road intersections with Hume Road, Santa Monica Mountains, Los Angeles County.   (JCJ-V)  [APPROVED WITH CONDITIONS, moved to consent calendar]

[An addendum has been appended to the staff report for item 9c below on March 10, 2009.]

c. Application No. 4-08-061 (April’s Trust, Los Angeles Co.) Application of April’s Trust to construct 28-ft. high, 1,960 sq. ft. single-family home with 420 sq. ft. attached garage, deck, driveway, septic system, and Fire-Department access stairs at 799 Latigo Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

10. PUBLIC WORKS PLAN.

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

a. Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 4-08 (Anacapa Marine Services-Bellport Marina Reconstruction and Expansion). Public hearing and action on notice of impending development by Channel Islands Harbor to demolish 27 slip marina and replace it with 55 new slips, new gangways and abutments, modern fire suppression systems, new dock boxes, and electrical utility systems, add new 75 ton travel lift, construct new 180 sq. ft., 12 ft. tall restroom building, add 9 vehicle parking spaces, and construct approximately 250 ft. long public walkway along Victoria Avenue at 3203 S. Victoria Avenue, Oxnard, Ventura County. (AT-V) [APPROVED WITH CONDITIONS]

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

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

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

a. Laguna Beach LCP Amendment No. LGB-MAJ-3-1 Certification Review.  Concurrence with Executive Director's determination that the action by the City of Laguna Beach, accepting certification of LGB-MAJ-3-01 with modifications (which establishes a new South Laguna Village zone) is legally adequate. (MV-LB) [APPROVED]

14. 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. 5-08-2 (Richmond, Long Beach)  Application of Timothy Richmond remove 38.5-ft. long pier, gangway and U-shaped dock float, and replace with new 38.5-ft. long pier, new gangway and new U-shaped dock in same location using four existing piles and one new pile, and remove access impediments from public right-of-way that traverses site., at 5553 Sorrento Drive, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS, moved to consent calendar]

SAN DIEGO COAST DISTRICT

15. 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]

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

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

a. Carlsbad LCP Amendment No. 2-07B (Kelly JRMC).  Public hearing and action on request by City of Carlsbad to amend both the Land Use Plan and Implementation Plan to change the land use designation from Planned Industrial and Unplanned Industrial to Open Space on a portion of the site, and change the zoning designation from Planned Industrial-Qualified Overlay Zone to Open Space on a portion of a 5.9 acre site to accommodate a 89,894 sq. ft. office building.  (TR-SD) [APPROVED WITH MODIFICATIONS]

b. Carlsbad LCP Amendment No. 2-08 (A & B).  Time Extension.  Public hearing and action to extend 90-day time limit for Commission action on request of City of Carlsbad to amend both the Land Use Plan and Implementation Plan to 1) Update the City's Drainage Master Plan and to 2) change the land use designation from Residential Low Medium (RLM) to Open Space and the change the zoning designation from Residential-1 (R-1) to Open Space on a portion to facilitate the development of two (2) single family homes on a 1.08 acre parcel containing sensitive habitat. (TR-SD) [Time Extension APPROVED]

c. City of Del Mar LCP Amendment No. DMR-MAJ-1-08 (Garden Del Mar Specific Plan).  Public hearing and action on City of Del Mar request to amend its LCP to redesignate and rezone an approximately half-acre site at the southeast corner of Camino del Mar and 10th street in downtown Del Mar.  The site is currently designated and zoned as Central Commercial (CC), which accommodates a mix of commercial uses.  The proposed designation and zone would be Garden Del Mar Specific Plan, which also allows a mix of commercial uses.  (EL-SD) [APPROVED WITH MODIFICATIONS]

d. City of San Diego LCP Amendment No. 3-08A (6th Update to LDC) and B (Point Loma  Townhomes) Time Extension.  Public hearing and action to extend 90-day time limit for Commission action on request by City of San Diego to (1) amend the implementation plan to incorporate the 6^th Update to the LDC and (2) amend the land use plan for the Peninsula Community and redesignate the property located on the bayside of Scott Street between Carleton/Dickens Streets from Industrial (fishing/marine-related) to Commercial.  (EL/LRO-SD) [Time Extension APPROVED]

e. City of Encinitas LCP Amendment No. 3-08 (Downtown Encinitas Specific Plan Revisions) Time Extension.  Public hearing and action to extend 60 day time limit for Commission action on request by City of Encinitas to amend its certified Implementation Plan by revising the City’s Downtown Encinitas Specific Plan to encourage and regulate ground-floor retail and pedestrian-oriented uses.  (GDC-SD) [Time Extension APPROVED]

18. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-6-ENC-09-2 (Wellman, Encinitas)  Appeal by Commissioners Wan & Kruer from decision of City of Encinitas granting permit with conditions to Carlos Wellman to demolish 12-unit apartment building that spans two blufftop lots (Lots 1 and 2) and construct a two-story 4,521 sq. ft. home with 724 sq. ft. garage and 2,121 sq. ft. basement on Lot #1, at 708 Fourth Street, Encinitas, San Diego County. (GDC-SD) [POSTPONED]

b. Appeal No. A-6-ENC-09-3 (Wellman, Encinitas)  Appeal by Commissioners Wan & Kruer from decision of City of Encinitas granting permit with conditions to Carlos Wellman to demolish 12-unit apartment building that spans two blufftop lots (Lots 1 and 2) and construct a two-story 4,297 sq. ft. home with 715 sq. ft. garage and 1,818 sq. ft. basement on Lot #2, at 708 Fourth Street, Encinitas, San Diego County. (GDC-SD) [POSTPONED]

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

[An addendum has been appended to the staff report for item 19a below on March 10.]

a. Application No. 6-08-62 (Blackburn, Solana Beach)  Application of Ron Blackburn to construct 369 sq. ft. addition to 1,414 sq. ft. single-story home on 3,750 sq. ft. blufftop lot, at 205 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD) [DENIED]

b. Application No. 6-08-66 (SD Co. Regional Airport Authority, San Diego)  Application of San Diego County Regional Airport Authority to construct 29.85 acre concrete apron for overnight airplane parking and new 60-in. storm drain outlet into San Diego Boat Channel, at San Diego International Airport, San Diego, San Diego County. (DL-SD)  [APPROVED WITH CONDITIONS]

20. 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 20a below on March 10.]

a. Permit No. 6-03-33-A5 (Surfsong HOA, Solana Beach) Request by Surfsong Homeowners Association to construct three 35 ft.-high detached seawalls (83 ft., 55 ft. and 115 ft. in length) a  94 ft.-long, 10-13 ft. high shotcrete retaining wall above the 115 ft.-long seawall, installation of geogrid reinforced slope above the 94 ft.-long retaining wall and a 84 ft.-long, 14 to 16 ft.-high buried shotcrete wall above the geogrid reinforced slope, below 205 - 239 South Helix Avenue, Solana Beach, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS, moved to consent calendar]

STATEWIDE

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

Charles A. Pratt Construction Co. v. CCC, U.S. Supreme Court Case No. 08-668  Govt. Code § 11126(e)(2)(A).
Charles A. Pratt Construction Co. v. CCC et al., California Court of Appeal, Second Appellate Dist. Case No. B195446  Govt. Code § 11126(e)(2)(A).
Coastal Law Enforcement Action Network et al. v. CCC (Malibu Valley Farms, RPI)  Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al.  Govt. Code § 11126(e)(2)(A).
Ocean Harbor House Homeowners Assn. v. CCC  Govt. Code § 11126(e)(2)(A).
Revell v. CCC (Access for All, RPI)  Govt. Code § 11126(e)(2)(A).
Ross et al. v. CCC et al. (Malibu Bay Co., RPI)  Govt. Code § 11126(e)(2)(A).
Security National Guaranty, Inc. v. State of California, CCC et al.  Govt. Code § 11126(e)(2)(A).
Strother et al. v. CCC (Alvarez et al., RPI)  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).

21. APPROVAL OF MINUTES.

22. COMMISSIONERS' REPORTS.

23. CONSERVANCY REPORT.

24. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

25. DEPUTY ATTORNEY GENERAL'S REPORT.

[The report on legislation has been updated on Monday. March 9.]

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

a. Public Education Grants.  Public hearing and action on proposed competitive grant awards from sales of the Whale Tail License Plate. (CP & SBL - SF) [APPROVED]

b. WORKLOAD PRIORITIES. Commission discussion of management approach to setting workload priorities. (PD/SH-SF)

c. BUDGET UPDATE. (SMH-SF)

d. 2010 Schedule of Meeting Dates and Locations. (VM-SF) [APPROVED]

 

9:00 a.m.

THURSDAY, MARCH 12, 2009

1. CALL TO ORDER.

2. ROLL CALL.

ENFORCEMENT

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

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. San Mateo County LCP Amendment No. SMC-MAJ-1-07 (San Mateo County Midcoast Update). Public hearing and action on request by San Mateo County to update San Mateo County's Land Use Plan (LUP) and Implementation Plan (IP) for the Urban Midcoast area (RP-SF) [POSTPONED]

b. City of Half Moon Bay LCP Amendment No. HMB-MAJ-2-05 (HMB - 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 (CL-SF) [APPROVED WITH MODIFICATIONS]

c. City of Half Moon Bay LCP Amendment No. HMB-MAJ-3-08 (Nurserymen’s Exchange).  Public hearing and action on request by City of Half Moon Bay to amend the Land Use Plan (LUP) and Implementation Plan (IP) maps to redesignate three parcels located at 1430 South Cabrillo Highway and 480 Wavecrest Road from Horticulture Business (A-1) to Commercial - Visitor Serving (C-VS) and rezone the parcels from Exclusive Floriculture (A-1) to Commercial Visitor Serving (C-VS) (TST-SF) [APPROVED]

d. City of Pacifica LCP Amendment No. PAC-MAJ-1-08 (270 Rockaway). Public hearing and action on request by City of Pacifica to amend its certified Local Coastal Program by amending the Rockaway Beach Specific Plan Figure 7, Land Use Boundaries and Parking Locations, page 13 to allow office uses located entirely above the ground floor (DSM-SF) [APPROVED WITH MODIFICATIONS]

e. City of Pacifica LCP Amendment No. PAC-MAJ-1-07 (Growth Control Ordinance). Public hearing and action on request by City Of Pacifica to amend its certified Local Coastal Program to extend its existing growth control ordinance for five years (DSM-SF) [APPROVED]

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

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

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

a. City of Capitola LCP Amendment No. CAP-MAJ-1-07 (Capitola Village Parking). Public hearing and action on request by the City of Capitola to clarify parking provisions associated with the City’s shuttle system, and to allow a valet parking program in Capitola Village. (SC-SC) [APPROVED WITH MODIFICATIONS]

b. City of Carmel LCP Amendment No CML-MAJ-1-09 (Trevvett Court Specific Plan). Public hearing and action on request by the City of Carmel to add the Trevvett Court Specific Plan to the certified LCP, and thus allow the development of a 14-unit affordable housing project (for low and very-low income seniors) on the 8,000 square foot Trevvett Court site (along Dolores Street between 4th and 5th Avenues) pursuant to the Specific Plan. (MW-SC) [APPROVED]

c. City of Monterey LCP Amendment No. MTC-MAJ-1-07 Part 1 (Macabee Beach Redesignation). Public hearing and action on request by the City of Monterey to redesignate a 6,000 square foot portion of Macabee Beach from Visitor-Serving Commercial to Public Use Area. (SC-SC) [APPROVED]

d. City of Santa Cruz LCP Amendment No. STC-MAJ-2-06 Part 1 (Arana Gulch). Public hearing and action on request by the City of Santa Cruz City to redesignate the Arana Gulch property from Community Facilities and Residential Use to Natural Area/Parks, to rezone the property from Residential and Community Commercial to Parks, and to amend LCP text to provide consistency with the amended land use and zoning designations. (SC-SC) [WITHDRAWN]

e. Monterey County LCP Amendment No. MCO-MAJ-2-07 Part 1 (Castroville Community Plan). Public hearing and action on request by Monterey County to amend the certified LCP to incorporate the Castroville Community Plan, which would include the redesignation of approximately 300 acres of agricultural land to non-agricultural uses and the revision of agriculture and water supply policies to allow for development of those areas of Castroville located in the North Monterey County coastal zone. (KM-SC) [WITHDRAWN]

f. 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) [APPROVED WITH MODIFICATIONS]

g. Santa Cruz County LCP Amendment No. SCO-MIN-1-08 Part 4 (Wells and Groundwater Protection). Concurrence with the Executive Director’s determination that the request by Santa Cruz County to modify the LCP’s well ordinance to increase protection of groundwater is minor. (SC-SC) [APPROVED]

10. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-SLO-01-040 (Brett, Cayucos). Appeal by Commissioners Potter and Wan of San Luis Obispo County decision granting permit with conditions to Harold Brett for a rip-rap revetment on the bluffs fronting 463 Lucerne Road in the Cayucos area of San Luis Obispo County. (JB-SC) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]
 

9:00 a.m.

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

[An addendum has been appended to the staff report for item 5a below on March 10.]

a. Application No. E-08-021 & Consistency Certification No. CC-005-09 (AT&T, San Luis Obispo Co.)  Application and consistency certification by AT&T Corporation to construct and operate Asia America Gateway fiber optic cable project, including installation of two terrestrial fiber optic and power cables within existing underground conduit which extends from cable station 1.8 mi. inland of coastal zone boundary at Los Osos Valley Road southwest of San Luis Obispo, westward through Montana de Oro State Park to existing cable landing manhole in Sandspit Beach parking lot.  Here a combined fiber/power marine cable will be installed through an existing conduit to a point 0.8 miles offshore. From this location, the cable will be buried under the seafloor at a depth of approximately 1.3 ft. (except in hard-bottom areas) out to the edge of the continental shelf, 50 mi. offshore at a water depth of 6,000 ft.  (AD/LS – SF)   [Permit Application APPROVED WITH CONDITIONS, Consistency Certification APPROVED]

CENTRAL COAST DISTRICT

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

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

a. Application No. A-3-SNC-98-114 (SNG Development Company, Sand City). Monterey Bay Shores Resort. CDP application (on remand from court decision) for a 161-room hotel, 46 visitor serving residential condominium units, 42 visitor serving condominium units, 92 residential condominium units, a restaurant and bar, swimming pools, wellness spa, conference and meeting rooms, underground parking garages (693 parking spaces), 70 public parking spaces (above ground), 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 approximately 900,000 cu. yds. of grading, seaward of Highway One (MW-SC) [POSTPONED]

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

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

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

a. County of Humboldt LCP Amendment No. HUM-DM-1-9 (De Minimis).   Concurrence with Executive Director's determination that proposed modifications to County of Humboldt certified LCP Implementation Plan to amend Sections 312-2.4.1.3 and 312-42 of the Zoning Regulations relating to procedures for issuance of zoning clearance certificates and modifications or exemptions for residential accessibility are de minimis.  The result of the amendment would be (1) to enable a zoning clearance certificate to be issued when there is an existing violation of the Humboldt County Code on the property under certain specified additional conditions; and (2) to allow for modifications or exceptions from specific development standards for principal zones when necessary for a disabled resident to make a home accessible. (MBK-E) [APPROVED]

b. Del Norte County LCP Amendment No. DNC-MAJ-2-8  (Walters RCA Rezone). Public hearing and action on request by Del Norte County to rezone a 10.24 acre parcel off of Ocean View Drive and Reeves Road, along Gilbert Creek, within the Surfsound Estates Subdivision, approximately one mile south of the state line, from RCA-1 and RRA-5-D-C(s) (Rural Residential and Agriculture - 5 acre minimum lot size - Coastal Combining District - Special Development Standards) to RRA-5-D-C(s), RCA-2(w) Designated Resource Conservation Area – Wetland, and RCA-2(wb) Designated Resource Conservation Area – Wetland Buffer. (RSM-E) [APPROVED]

11. NEW APPEALS.  See AGENDA CATEGORIES. 

a. Appeal No. A-1-MEN-09-9 (Moores, Mendocino Co.)  Appeal by Gordon Moores from decision of County of Mendocino granting permit with conditions to William Moores to extend and connect a culvert gap along the road side ditch in the front (north) of the real estate office at Irish Beach, at 44001 Noyo Way, Manchester, Mendocino County. (RSM-E) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

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

a. Application No. 1-08-37 (Pacific Gas & Electric Company, Humboldt Co.)  Application of PG&E Co. for on-going maintenance clearing of vegetation from 4 sections of gas lines adjacent to Hwy 101 within Caltrans right-of-way to allow gas lines to be adequately surveyed and tested for leaks.  Segment 1 is 445-ft. x 10-ft. located north of Van Duzen River along west shoulder of Hwy 101; Segment 2 is 2,715-ft. x 40-ft. located north of Hwy 36/Hwy 101 intersection along eastern right of way of Hwy 101; Segment 3 is 4,000-ft. x 50-ft. located between Fernbridge & Palmer Rd exits along western right of way of Hwy 101; Segment 4 is 560-ft. x 10-ft.  located along west shoulder of G Street on-ramp to Hwy 101, in Arcata, Humboldt Co. (MBK-E) [POSTPONED]

13. 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 13a below on March 13.]

a. Permit No. 1-90-104-A2 (City of Eureka, Humboldt Co.)  Request by City of Eureka to amend permit granted for the enhancement of 86 acres of fresh and saltwater marsh and provide public access improvements to:  (1) replace collapsing 24-inch CMP culvert connecting Palco Marsh with Humboldt Bay with a 48-inch culvert; (2) modify Del Norte Street drainage structure and tide gates; (3) hand dig and clean Palco Marsh channels; (4) dredge adjoining tidal slough between Palco Marsh and peninsula west of the marsh; (5) install Del Norte and Fell Street landscaping; (6) install interpretive signage; (7) eradicate common reed and other invasive exotic plant species; (8) restore eradication areas by planting native species; and (9) perform hydrologic enhancements to adjoining Railroad Marsh, at Palco Marsh bounded by Del Norte Street, Felt Street, Broadway, Vigo Street, Bayshore Mall and Humboldt Bay, Eureka, Humboldt County. (JB-E)  [APPROVED WITH CONDITIONS]

---

Future Meetings: The next meetings of the Coastal Commission April 8-10, 2009 in Santa Barbara and May 6-8, 2009 in Santa Rosa/Marin.

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