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April 2009 Agenda

Oxnard Performing Arts Center
800 Hobson Way
Oxnard, CA 93030
(805) 451-6053

[Phone number will only be available during the meeting]

This has been updated at 10:15 a.m., Friday, April 10, 2009.

10:00 A.M.

WEDNESDAY, APRIL 8, 2009

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT (Los Angeles County)

3. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-08-285 (15 Voyage Street, LLC, Venice, Los Angeles) Application of 15 Voyage Street, LLC to remove mobile construction office trailer from 2,280 sq.ft. lot, and construct 45 ft. high, 4-level, single-family home with attached 3-car garage, at 147 Via Marina (lot 23, Block 17, Del Rey Beach Tract), Venice, Los Angeles, Los Angeles County. (CP-LB) [POSTPONED]

b. Application No. 5-08-348 (Los Cerritos Wetlands Authority, Long Beach) Application of Los Cerritos Wetlands Authority for weed abatement, tree trimming and maintenance of open space areas consistent with habitat and wildlife protection policy, near intersection of Studebaker Road, & Second Street, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

Notice of Technical Review Workshop
for the
San Onofre Nuclear Generating Station (SONGS)
Reef Mitigation Project.
April 27, 2009 in San Clemente.
See the notice with the details.

SAN DIEGO COAST DISTRICT

4. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 6-08-119 (Conoco-Phillips, Carlsbad) Application of Conoco Phillips to remove underground storage tanks, waste oil tank, islands and dispensers, piping and closed monitoring wells at 895 Tamarack Avenue, Carlsbad, San Diego County. (TR-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

5. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-08-221 (Hoag Memorial Hospital Presbyterian, Newport Beach) Application of Hoag Memorial Hospital Presbyterian for landscaping along Pacific Coast Highway, within westerly parking area, and upon upper hillside slope; enhancing existing pedestrian and vehicular circulation, and installing 123 additional parking spaces in area between Advanced Technology pavilion and Cancer Center, at 1 Hoag Drive (Lower Campus), Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-300 (Hurley, Newport Beach) Application of Mr. & Mrs. Robert Hurley to demolish single-family home and construct new 700 sq.ft., 25 ft.- high, 2-story single-family home with 425 sq.ft. covered loggia, 252 sq.ft. second-story deck and attached 516 sq.ft., 2-car garage, 348 cu.yds. of grading for site preparation, hardscape and landscape improvements on beachfront lot, including approval of 15 ft. x 30 ft. wide concrete patio and 3 ft. tall perimeter wall within City’s oceanfront encroachment area, at 6708 West Ocean Front, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-09-20 (Hurley, Newport Beach) Application of Mr. & Mrs. Robert Hurley to demolish single-family home and construct new 2,462 sq.ft. 25’ high 2-story single-family home with 119 sq.ft. second-story deck and attached 456 sq.ft. 2-car garage, 334 cu.yds. of grading for site preparation, hardscape and landscape improvements on beachfront lot, including approval of 15’ deep by 30’ wide concrete patio and 3’ tall perimeter wall within the City’s oceanfront encroachment area, at 6706 W. Oceanfront, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

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

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

7.5. NEW APPEALS.See AGENDA CATEGORIES.

a. Application  No:  A-5-EMB-09-048 (Gotschall, Laguna Beach) Appeal by Carl and Kelley Renezeder of coastal development permit PA070080 granted by the County of Orange to Susan Gotschall for construction of  4-level, 35 ft.-high, single-family home including subterranean garage, patios, deck, pool, spa and retaining wall and an estimated 4,675 cu. yds. of grading on a slope greater than 30% located on a vacant lot, at 107 Emerald Bay, Orange County. (LR-LB)  [NO SUBSTANTIAL ISSUE FOUND]

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

[An addendum has been appended to the staff report for item 8a below on April 1.]

a. City of Huntington Beach LCP Amendment No. HNB-MAJ-1-07B. Public hearing and action on request by City of Huntington Beach to amend the Implementation Plan (IP) portion of the Local Coastal Program (LCP) by incorporating changes made by the City over the last few years (2001 -2007). Changes proposed include: streamline the City’s entitlement process; modify affordable housing requirements to be consistent with current State requirements; modify provisions to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000; changes proposed to Section 231.20 Bicycle Parking and Section 231.18 relating to parking controls and privacy gates, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH MODIFICATIONS]

8.5 REVISED FINDINGS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 8.5a below on April  6]

a. City of Newport Beach LCP Amendment No. NPB-MAJ-1-07 (Land Use Changes).  Public hearing and action on Revised Findings in support of the Commission's denial-as-submitted and approval-with-modifications on February 5, 2009 of request by the City of Newport Beach to amend the certified Land Use Plan (LUP) by: (a) changing the land use classification and density/intensity system currently used in the LUP and LUP maps to reflect the new system adopted in the City General Plan’s Land Use Element Update; (b) change in land use designation of 55 sites involving several hundred properties in the coastal zone; (c) policy revisions and additions addressing land uses, site design, building volume, mass, clustering, setbacks, architecture, and nonconformities, Newport Beach, Orange County.  (KFS/LR-LB) [Findings APPROVED]

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]

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

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

[Addenda have been appended to the staff reports for items 11a and 11b below on April 7.]

a. City of San Diego LCP Amendment No. 3-07B (In-fill Housing/Sustainable Dev.) 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/in-fill housing and sustainable projects. (LRO-SD) [APPROVED WITH MODIFICATIONS]

b. Port of San Diego PMP Amendment No. PSD-DM-40-09 (Broadway Pier Cruise Ship Terminal). Concurrence with the Executive Director’s determination that the request by the San Diego Unified Port District to add the construction of a new 60,000 sq.ft. cruise ship terminal with public access and recreation space to the project list is de minimis. (DL-SD) [APPROVED]

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

a. Permit No. 6-06-153-A (San Diego pump station protection) Request by City of San Diego, Transportation Engineering Division to amend permit for repairs and protection of sewer pump station/street-end improvements to realign and lengthen previously approved tied-back seawall on face of coastal bluff, at 5998 Camino de la Costa (southern terminus of Camino de la Costa), La Jolla, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

13. REVISED FINDINGS. See AGENDA CATEGORIES.

a. City of Carlsbad LCP Amendment No. 01-07A (DKN Hotel). City of Carlsbad granted amendment to the certified LCP to revise certain land use and zoning designations. The LCP amendment will facilitate the development of a 104-unit standard operation hotel. (TR-SD) [Findings APPROVED]

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. [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-1-09. Time Extension. Public hearing and action to extend time limit for Commission action up to one year for certification of City of Long Beach LCP Amendment No. 1-09. Amendment No. 1-09 would amend the Resources Management Plan portion of the LCP as it relates to Colorado Lagoon, and revise the zoning code’s definition of “Passive Park” Long Beach, Los Angeles County. (CP-LB) [Time Extension APPROVED]

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. 5-08-245 (Pacific Palisades Bowl Mobile Estates, LLC, Pacific Palisades) Application of Pacific Palisades Bowl Mobile Estates, LLC to authorize permanent construction under emergency permit 5-05-401-G for installation of subsurface dewatering drains, main drains and area drains, dewatering well and pump, including removal of 4,000 cu.yds. of fill and regrading and paving access road, at 16321 Pacific Coast Highway, Pacific Palisades, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-284 (Santa Monica Mountains Conservancy, Pacific Palisades) Application of Santa Monica Mountains Conservancy to abandon existing 45’x75’ public swimming pool and fill with soil, landscape and use as public picnic area, in Temescal Gateway Park, at 15601 Sunset Blvd., Pacific Palisades, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-08-294 (City of Los Angeles, Department of Public Works, Bureau of Engineers) Application of City of Los Angeles, Dept. of Public Works, Bureau of Engineers to implement Phase III of Ballona Lagoon Enhancement Plan, including: (1) removal of non-native vegetation and encroachments (including, but not limited to, fences, walls, lighting, irrigation improvements, decks/patios, and residential landscaping); (2) revegetation with native dune plants, (3) realigning and improving west bank public access trail between Topsail Street and Canal Court; (4) construction of split rail fence along public access trail; and (5) construction of public education/information area with benches near Jib Street at northern end of lagoon, at West bank of Ballona Lagoon between Via Marina and Grand Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

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. 5-03-71-A2 (Best Western Marina Pacific Hotel, Los Angeles) Request by Best Western Marina Pacific Hotel to establish food and drink service (2,700 sq.ft.) on the roof deck of an existing 5-story, 122-room hotel, at 1697 Pacific Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

19. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Application No. 5-07-375 (T-Mobile, USA, Venice, Los Angeles Co.) Application of T-Mobile, USA for denial of after-the-fact permit application for installation of 47.5-ft. tall wood utility pole to support cell phone equipment and antennas, at Eastern edge of Pacific Avenue (4100 block-at Jib Avenue), Venice, City of Los Angeles, Los Angeles County. (CP-LB) [Findings APPROVED]

STATEWIDE

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

Coastal Law Enforcement Action Network et al. v. CCC (Malibu Valley Farms, RPI)  Govt. Code § 11126(e)(2)(A).
Friends of Temescal Pool et al. v. Santa Monica Mountains Conservancy et al.  Govt. Code § 11126(e)(2)(A).
Hines v. CCC et al. (Star, 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).
Security National Guaranty, Inc. v. State of California, CCC et al. Govt. Code § 11126(e)(2)(A).
Sheppard et al. v. Big Sur Land Trust, 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).
TMO CA/NV, LLC v. CCC Govt. Code § 11126(e)(2)(A).
Revell v. CCC (Access for All, 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).

20. APPROVAL OF MINUTES. [Minutes APPROVED]

21. COMMISSIONERS' REPORTS.

22. CONSERVANCY REPORT.

23. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

24. DEPUTY ATTORNEY GENERAL'S REPORT.

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

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

[The field trip will not begin before 2:30 p.m.]

26. MCGRATH PEAKER PLANT PROJECT FIELD TRIP.  On Wednesday, April 8, 2009, the Commission will take a field trip to view the site of Southern California Edison’s proposed McGrath peaker plant in Oxnard.  The proposed peaker plant is scheduled for the Commission’s consideration on Thursday, April 9, 2009, Item Th15b.  The field trip will begin no earlier than 1 PM.  Because space on the bus is limited, members of the public who cannot be accommodated on the bus may follow in their private vehicles.  Members of the public interested in going on the field trip should contact Energy Division at (415) 904-5240.
 

9:00 a.m.

THURSDAY, APRIL 9, 2009

1. CALL TO ORDER.

2. ROLL CALL.

STATEWIDE

 Presentations Related Documents

3. SEA LEVEL RISE WORKSHOP.  Presentation and discussion of recently issued draft reports that address the impacts of climate change and sea level rise on coastal flooding, erosion, and beach recreation.  Material to be covered in the workshop will include California Coastal Erosion Response to Sea Level Rise—Analysis and Mapping by Philip Williams & Associates, LTD., The Impacts of Sea Level Rise on the California Coast by the Pacific Institute.  Guest speakers to be announced.  (CCTF/SH-SF)

SOUTH CENTRAL COAST DISTRICT

4. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. University of California Santa Barbara Notice of Impending Development De Minimis No. 2-09 (AS Bike Shop Replacement Project). Notice of Impending Development by the University of California at Santa Barbara for construction of the Associated Students Bike Shop Replacement Project, including construction of a 1,200 sq. ft. building; 700 sq. ft. paving; trash enclosure; shed; 95 cu. yds. of soil to be exported; demolition of two existing 540 sq. ft. cargo trailers on Main Campus at University of California Santa Barbara, Santa Barbara County. (SG-V) [APPROVED WITH CONDITIONS]

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

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

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

a. City of Malibu LCP Amendment No. MAJ-3-08. Time Extension. Public hearing and action to extend the time limit for action for one year on City of Malibu’s request to amend its LCP to establish a Town Center Overlay Zone with specific development standards and a Development Agreement for development of two Community Commercial-zoned parcels located in Malibu’s Civic Center area, City of Malibu, Los Angeles County. (DC-V) [Time Extension APPROVED]

b. City of Santa Barbara LCP Amendment No. MAJ-3-08 (Coast Village Road - Olive Mill Road Rezone. Public hearing and action on City of Santa Barbara request to amend its LCP Implementation Plan by amending the Zoning Ordinance and 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) [POSTPONED]

8. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-4-STB-09-009 (6533 Trigo Road, Santa Barbara Co.) Appeal by Commissioners Shallenberger and 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.

[Addenda have been appended to the staff reports for items 9a, 9c, 9d, and 9e below on April 7.]

a. Application No. 4-07-040 (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 request for after-the-fact approval for creation of subject parcel, at 1721 Corral Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V) [DENIED]

b. Application No. 4-07-101 (Smith, Los Angeles Co.) Application of Dennis Smith to construct 2-story, 33-ft. high, 6,290 sq. ft. single-family home with attached 660 sq. ft. basement garage and 1,066 sq. ft. basement storage area, detached 1-story 750 sq. ft. guest house with 400 sq. ft. attached carport, 4,800 sq. ft. orchard/garden area, swimming pool, septic system, access road with 3 hammerhead turnarounds, retaining walls, 17,447 cu.yds. of grading (7,196 cu.yds. cut, 7,591 cu.yds. fill; and after-the-fact 1,330 cu.yds. cut, 1,330 cu.yds. fill), restoration of previously graded roadway, request for after-the-fact approval to retain existing water well, 10,000-gal underground water tank, solar panel array with utility shed and fencing, 2 sheds, graded roads, and to temporarily retain existing single-wide mobile home, 2 travel trailers, and 2 storage containers at 2575 Applefield Lane, Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

c. Application No. 4-09-13 (Mariposa Land Co., Malibu) Application of Mariposa Land Co. for permanent placement of rock rip-rap revetment along  500-ft. section of the west bank of lower Malibu Creek, to emergency permit 4-98-024-G. The proposed project also includes revegetation of revetment site to create approximately 0.59 acres of riparian and upland habitat, at 3728 Cross Creek Road, City of Malibu, Los Angeles County. (DC-V) [TO CONTINUE]

[Items 9d and 9e share a single combined staff report. An addendum has been linked to the staff report on April 7.]

d. Application No. 4-08-96 (City of Santa Barbara, Santa Barbara) Application of City of Santa Barbara for lower Mission Creek Flood Control Project, to improve flood protection on Mission Creek, City of Santa Barbara. (MD–SF) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

e. Certification No. CC-012-09 (City of Santa Barbara, Santa Barbara) Consistency certification by City of Santa Barbara for lower Mission Creek Flood Control Project to improve flood protection on Mission Creek, in the City of Santa Barbara. (MD–SF) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

9.5 PERMIT AMENDMENTS. See AGENDA CATEGORIES.

a. Permit No. 4-02-254 (Diamond, Santa Monica Mountains) Request by Loretta Diamond to amend permit to redesign residence to two-story, 2,576 sq. ft. home with two-car attached garage, septic system, and 7,335 cu. yds. of grading (5,000 cu. yds. cut and 2,335 cu. yds. of fill) at 32797 Mulholland Highway, Santa Monica Mountains, Los Angeles County (BJC-V). [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENFORCEMENT

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

[Items 11 and 12 below share a single combined staff report.
An addendum has been linked from the staff report on April 8.]

11. Commission Cease and Desist Order No. CCC-09-CD-03 (Mills PCH, LLC, Orange Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Mills PCH, LLC to cease and desist from engaging in any further unpermitted development on the property, and to address unpermitted development including (but not limited to) grading and placement of fill in wetland and construction of trench drain within wetland, resulting in removal of wetland plant species native to southern California saltmarshes, at 21622 Pacific Coast Highway (APN 114-150-86), Huntington Beach, Orange County. (AJW-LB) [APPROVED]

12. Commission Restoration Order No. CCC-09-RO-02 (Mills PCH, LLC, Orange Co.) Public hearing and Commission action on proposed Restoration Order directing Mills PCH, LLC to address restoration of a wetland plant community native to southern California saltmarshes damaged by unpermitted development, including (but not limited to) grading and placement of fill in wetland and construction of trench drain within wetland, resulting in removal of major vegetation, at 21622 Pacific Coast Highway (APN 114-150-86), Huntington Beach, Orange County. (AJW-LB) [APPROVED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

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

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

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

a. Application No. E-08-020 (West Basin Municipal Water District, Los Angeles Co.) Application of West Basin Municipal Water District to construct and operate test desalination facility, including pipes, screens, and pumps within an existing power plant intake structure and test facility adjacent to Redondo Beach Generating Station, all within an area of Commission's retained jurisdiction in Redondo Beach, Los Angeles County. (TL-SF) [APPROVED WITH CONDITIONS]

[Additional materials have been linked from the staff report for item 15b below on March 27.
A second addendum has been linked to the staff report on April 7.]
[The hearing for item 15b below for the "peaker" plant is not scheduled to commence before 2 p.m.]

b. Appeal No. A-4-OXN-07-096 (Southern California Edison, Oxnard) Appeal by Southern California Edison from decision of City of Oxnard denying permit to construct and operate a 45 megawatt “peaker” power plant, at 251 N. Harbor Blvd., Oxnard, Ventura County. (CT-SF) [APPROVED WITH CONDITIONS]


9:00 a.m.

FRIDAY, APRIL 10, 2009

1. CALL TO ORDER.

2. ROLL CALL.

NORTH CENTRAL COAST DISTRICT

3. 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.

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

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

a. San Mateo County LCP Amendment No. SMC-MAJ-1-7. Time Extension.  (San Mateo County Midcoast Update). Public hearing and action to extend 90-day time limit for Commission 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) [Time Extension APPROVED]

6. NEW APPEALS.  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. 1-97-20 (Pacific Skies Estates, Pacifica) Application of Pacific Skies Estates for after-the-fact authorization of emergency repairs to existing seawall performed in 1996, placement of additional riprap, and on-going maintenance, at 1300 Palmetto Avenue, Pacifica, San Mateo County. (TST-SF) [POSTPONED]

CENTRAL COAST DISTRICT

8. DEPUTY DIRECTOR’S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission’s Santa Cruz office at (831) 427-4863.

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

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

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

a. City of Marina LCP Amendment No. MAR-1-07 Part 4 (Subdivision Ordinance). Public hearing and action on request by the City of Marina to modify the LCP’s subdivision regulations. (MW-SC) [APPROVED WITH MODIFICATIONS]

11. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-CML-09-011 (Baron and D’Angelo, Monterey Co.) Appeal by Marian and Ron Wormser of City of Carmel-by-the-Sea decision granting permit with conditions to Jeff Baron and Kevin D’Angelo for 2-story addition to single-family home with detached studio, underground basement, patio, outdoor shower, and hot tub on east side of North Camino Real between 2nd and 4th Avenues, Carmel, Monterey County. (MW-SC) [WITHDRAWN]

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.

[An addendum has been appended to the staff report for item 12a below on April 3.]

a. Application No. A-3-SCO-08-010 (Vaden and Rey, Santa Cruz Co.) Application of Val Vaden and Lilli Rey to construct single-family home along 23rd Avenue fronting Corcoran Lagoon/Santa Maria Cliffs Beach in the Live Oak beach area, Santa Cruz County. (SC-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

NORTH COAST DISTRICT

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

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

15. NEW APPEALS.  See AGENDA CATEGORIES

a. Appeal No. A-1-MEN-09-12 (Cusenza, Mendocino Co.) Appeal by Martin Kitzel from decision of County of Mendocino granting permit with conditions to Frank P. Cusenza to install a new single-story single-family residence manufactured home on a foundation.  Construct an attached deck and detached garage.  Associated development includes on-site septic system, well, water storage tank, propane tank, driveway development, and connect to utilities, at 46790 Iverson Lane, Gualala, Mendocino County. (RSM-E) [NO SUBSTANTIAL ISSUE FOUND]

16. 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. 1-05-60 (Delbiaggio, Humboldt Co.) Application of Dennis & Susie Delbiaggio to convert rural residential property to construction contractors yard by: (1) converting house to office space by remodeling interior to add ADA bathroom, remove kitchen, install desk for work areas; (2) construct 3,700 sq.ft. office/shop building with 80’x 40’ work area and 20’x25’ office bathroom; (3) construct 2,700 sq.ft. pole structure storage building; (4) grade 1,000 cu.yds. of earthen material from 23,290 sq.ft. area along west side of drainage swale to increase floodway capacity; (5) install 6-ft.-high wood fence around site; (6) plant 18 trees along outside of fence; (7) install asphalt parking and driveway area; (8) install new septic system; and (9) install 740 sq.ft. addition to residential structure and convert it to office space, at 118 Port Kenyon Road, Ferndale, Humboldt County. (RSM-E) [POSTPONED]

b. Appeal No. A-1-MEN-07-47 (McConnell, Mendocino Co.) Appeal by Commissioners Kruer & Wan from decision of County of Mendocino granting permit with conditions to William & Marcia McConnell for construction of 1,336-sq.ft., 1-story single family home with maximum height of 20-ft. above finished grade; 327 sq.ft. of decks; 85 sq.ft. of covered porch; 305 sq.ft. detached garage with maximum height of 13-ft. above finished grade; 1,200 sq.ft. of concrete driveway; installation of underground propane tank, 24 sq.ft. trash enclosure, and on-site septic system; and connection to utilities and community water, at 14820 Navarro Way, Manchester, Mendocino County. (MBK-E) [APPROVED WITH CONDITIONS]

c. Application No. 1-08-37 (Pacific Gas & Electric Co., Humboldt Co.) Application of PG&E for on-going maintenance clearing of vegetation from 4 sections of gas lines adjacent to Hwy 101 within the 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. x10 ft. located along west shoulder of G Street on-ramp to Hwy 101, in Arcata, Humboldt Co. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]


Future Meetings: he next meetings of the Coastal Commission May 6-8, 2009, in Santa Rosa/Marin and June 10-12, 2009 in Los Angeles/Orange County.

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