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DECemBER 2010 Agenda

San Francisco City Hall
Board of Supervisors Chambers
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
(415) 407-3211


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

This has been updated at 12 p.m., Friday, December 17, 2010.

10:00 A.M.

WEDNESDAY, DECEMber 15, 2010

1. CALL TO ORDER.

2. ROLL CALL.

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:

Bay Island Club v. CCC  Govt. Code §11126(e)(2)(A). 
CCC v. Feduniak Govt. Code §11126(e)(2)(A). 
CCC v. Witter et al. Govt. Code §11126(e)(2)(A). 
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code §11126(e)(2)(A). 
Coastal Environmental Rights Foundation, Inc. v. Inn at Sunset Cliffs, LLC (City of San Diego et al., RPI) Govt. Code §11126(e)(2)(A). 
Pacific Palisades Bowl Mobile Estates v. City of Los Angeles, 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).

3. ELECTION OF OFFICERS. Commission discussion and action on election of Chair, Vice-Chair, Representative to Santa Monica Mountains Conversancy and Santa Monica Bay Restoration Project.{Sara Wan elected Chair, Esther Sanchez elected Vice Chair, Sara Wan elected as representative to the Santa Monica Mountains Conservancy]

4. GENERAL PUBLIC COMMENT. Public comments will be heard at  10 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 ANGLES COUNTY)

5. CONSENT CALENDAR . See AGENDA CATEGORIES.

a. Application No. 5-10-235 (Bailly, Venice, Los Angeles. Co.) Application of Tim C. Bailly to construct 3-story, 30-ft. high (with 40-ft. high roof access structure), 3,679 sq.ft. single-family home with attached 2-car garage on vacant canal fronting lot, at 455 Sherman Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-10-231 (Ditlove, Hermosa Beach, Los Angeles Co.) Application of Ross Ditlove to demolish single family home and construct new 30-ft. high, 4209 sq.ft., single family home on beachfront lot at 340 The Strand, Hermosa Beach, Los Angeles County. (JDA-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

6. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-10-237 (Washington Holdings, Dana Point) Application of Washington Holdings to reduce occasional risk of high bacteria levels at Monarch Beach by creating temporary berms of sand to channel runoff from Salt Creek directly into Pacific Ocean; establish water flow from Salt Creek outlet perpendicular to shoreline by creating 2 sand berms, upcoast and downcoast of ponded water and outlet flow on beach. Direct flow, by excavating pilot channel, no more than 4 ft. wide, from area between berms, and out to daily high tide line; all of which is to be maintained and monitored for period of 1 year in order to help develop long-term management plan for outlet, at 500 Monarch Bay Drive, Dana Point, Orange County. (KFS-LB) [POSTPONED]

SAN DIEGO DISTRICT

7. CONSENT CALENDAR. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 7a below on December 13.]

a. Application No. 6-10-78 (UCSD, San Diego) Application of the University of California, San Diego to install temporary educational and interpretive exhibit related to energy generation, which includes 3 maximum 18-ft. tall working wind turbines, at Smargon Courtyard- Stephen Birch Aquarium, 2300 Expedition Way, UCSD, Scripps Institution of Oceanography Campus, La Jolla, San Diego, San Diego County. (ES-SD) [APPROVED WITH CONDITIONS]

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

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

10. NOTICE OF IMPENDING DEVELOPMENT.

a. UCSB Notice of Impending Development No. 4-10 (Davidson Library Addition Building Project) Public hearing action on Notice of Impending Development by the University of California, Santa Barbara for construction of 3-story, 63-ft. high, 63,123 sq. ft. (43,787 assignable sq. ft.) addition to existing Davidson Library building and removal of 17 non-native trees, temporary relocation of 195 bicycle parking spaces, 1,000 cu.yds. of grading (1,000 cu.yds. of cut and 1,000 cu.yds. of export), 4,000 sq. ft. of landscaping, and 10,000 sq. ft. of hardscaping on Main Campus of the University of California, Santa Barbara. (ADB-V) [APPROVED]

11. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-4-STB-10-094 (Next G Networks, Santa Barbara Co.) Appeal by Joanne Shefflin from decision of County of Santa Barbara granting permit with conditions to Next G Networks for construction of unmanned wireless telecommunications facility which includes one 26-in. whip omni antenna, mounted on bracket connected to existing metal pole, and one underground 3’x5’x3’ vault to store equipment, located adjacent to 1710 San Leandro Lane in a public right-of-way, Montecito, Santa Barbara County. (AT-V) [NO SUBSTANTIAL ISSUE FOUND]

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. 4-10-027 (Finn, Los Angeles Co.) Application of Gregory Finn to construct 2-story, 32-ft. high, 2,229 sq.ft. single family home with attached 2 car, 457 sq.ft., garage, supported on columns to allow main floor level and garage to exist at grade with Schueren Road, remove two 13,260 sq.ft. tennis courts and block wall, 20,900 cu.yds. of remedial grading, (10,091 cu.yds. of cut, 10,809 cu.yds. of fill), 2 solar panel arrays totaling 425 sq. ft., 600 sq.ft. potting shed, and septic system, located at 570 Schueren Road, Malibu, Santa Monica Mountains, Los Angeles County (JJ-V). [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 4-10-037 (City of Santa Barbara Waterfront Department) Application of City of Santa Barbara Waterfront Dept. to demolish and replace 2 concrete 18 ft. wide launching lanes (10,010 sq.ft. total concrete replacement area) at four-lane launch ramp and add one 8 ft. x 100 ft. boarding float located on east side of Santa Barbara Harbor at Sea Landing, 301 W. Cabrillo Blvd, City of Santa Barbara. (AT-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 4-10-056 (Miller and Knight, Los Angeles Co.) Application of Robert Miller and Holly Knight to construct 1-story, 29-ft. high, 2,139 sq.ft. accessory structure with 1,150 sq. feet of roof mounted photovoltaic solar arrays, new 150 sq.ft. shed, demolish 109 sq.ft. shed, remove 4 non-native trees, and 134.56 cu.yds. of grading (74.9 cu.yds. of cut, 59.66 cu.yds. of fill, and 15.24 cu.yds. of export), 1420 Old Topanga Canyon Road, Topanga, Los Angeles County. (ADB-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT

13. DEPUTY DIRECTOR'S REPORT FOR ORANGE AND LOS ANGELES COUNTIES. 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. City of Redondo Beach RDB-MAJ-02-08. Certification Review. Concurrence with the Executive Director’s Determination that the action by the City of Redondo Beach, accepting certification of RDB-MAJ-2-08 with modifications, which amends the City’s certified Land Use Plan (LUP) and Implementation (IP) plan by adopting amendments for the entirety of the remaining uncertified area (Area 2) of the Redondo Beach Coastal Zone, is legally adequate, Redondo Beach, Los Angeles County. (JDA-LB) [APPROVED]

SOUTH COAST DISTRICT (Los Angeles County)

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

15. NEW APPEALS. See AGENDA CATEGORIES.

a. Application No. A-5-MNB-10-272 (Beshke, Manhattan Beach) Appeal by William Victor from decision of City of Manhattan Beach granting permit with conditions to Caroline Beshke for demolition of duplex and construction of new single-family home at 121 8th Street, Manhattan Beach, Los Angeles County (CP-LB) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-5-VEN-10-281 (The Leader Carmel Cheech, LLC, Venice, Los Angeles Co.) Appeal by Harris Levey from decision by City of Los Angeles granting permit with conditions to The Leader Carmel Cheech, LLC for conversion of warehouse use (6,653 sq. feet) to manufacturing office use (with fees paid in lieu of providing 12 required parking spaces), at 534 Victoria Avenue, Venice, City of Los Angeles, Los Angeles County. (CP-LB) [POSTPONED]

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. 5-10-204 (Los Cerritos Wetlands Authority (LCWA), Long Beach) Application of Los Cerritos Wetlands Authority (LCWA) to restore 9.1-ac. coastal wetland habitat (Zedler Marsh) by removing asphalt and non-native plants and enhancing local native plant communities, near Intersection of Studebaker Rd & 2nd Str. (portion of parcel #3 of City of Long Beach lot line adjustment #3704-09), Long Beach, Los Angeles County. (CP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 5-10-76 (NF Marina, Marina Del Rey) Application of NF Marina to demolish 230 boat slip marina, including removal of 117 pilings, and construct 207 boat slip marina consisting of pre-manufactured concrete dock system, 126 concrete pilings, with in-slip sewage pumpout for all boats and utility hookups, at 14015 & 14035 Tahiti Way (Parcel 8t), Marina Del Rey, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-10-120 (Los Angeles County Department of Public Works, Pacific Palisades) Application of Los Angeles County Dept. of Public Works to demolish deteriorated asphalt parking lot surface, remove concrete slab and rubble shoreline protection, and timber pilings; and construct new 26 vehicle parking lot, with 250 cu.yds. of fill and; approx. 2,100 sq.ft. viewing deck; landscaping; and approx. 640 linear ft. vertical seawall with top elevation of 15+ feet, with simulated rock-like finish, at 17940 Pacific Coast Highway, Pacific Palisades, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

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

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

a. City of Laguna Beach Local Coastal Program Major Amendment No. 3-10 (Temporary Use Permits) – Time Extension. Request to extend the 60-day time limit for action for up to one year on an amendment request by City of Laguna Beach to amend the certified Local Coastal Program (LCP), by modifying Section 25.05.035 (E) and (F) (regarding Temporary Use Permits) of the certified Implementation Plan. The LCPA affects only the Implementation Plan portion of the certified LCP.(MV-LB) {Time Extension APPROVED]

19. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-LGB-10-262 (Laguna Asset Ventures, LLC., Laguna Beach) Appeal by Commissioners Wan & Shallenberger from decision of City of Laguna Beach granting permit with conditions to Laguna Asset Ventures, LLC for substantial demolition and reconstruction of existing single family home resulting in 2,161 sq.ft. home with attached 359 sq.ft. garage and 433 sq. feet of deck on steep sloping oceanfront lot, at 1235 Ocean Front, Laguna Beach, Orange County. (JDA-LB) [WITHDRAWN]

20. 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. 5-10-107 (Williams, Laguna Beach) Application of Mr. & Mrs. Griff Williams to demolish existing single family home and construct new 4,140 sq.ft., 3-story, 25-ft. high (above natural grade)/30-ft. high (above finished grade) single family home with attached 652 sq.ft., 2-car garage on bluff lot, at 14 South La Senda, Laguna Beach, Orange County. (MV-LB) [POSTPONED]

b. Application No. 5-10-162 (City of Newport Beach, Harbor Resources Dept., Newport Beach) Application of City of Newport Beach, Harbor Resources Dept. for approximately 150,000 cu. yds. dredging to remove contaminated sediments from Rhine Channel and three (3) nearby locations where the sediments have migrated; placement of sediments in the Port of Long Beach Middle Harbor Confined Disposal Facility (CDF); and remove and replace approximately 125-150 piles and portions of docks in same as existing configuration to accommodate dredging, at Rhine Channel, lower Newport Bay, Newport Beach, Orange County. (FSY-LB) [POSTPONED]

SAN DIEGO DISTRICT

21. 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]

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

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

a. City of Carlsbad LCP Amendment No. 4-09 D (Tabata Ranch). Public hearing and action on request by the City of Carlsbad to amend its LCP to revise both the Land Use and Implementation Plans to change the land use designation from Residential Medium (RM) to Residential Low-medium (RLM) and modify the zoning from Limited Control (L-C) to One Family Residential (R-1) to facilitate the subdivision of a 2.9 acre site generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive. (TR-SD)  [APPROVED]

b. City of Carlsbad LCP Amendment No. 4-09E (Tabata 10). Public hearing and action on request by the City of Carlsbad to amend its LCP to revise the certified Implementation Plan and modify the existing zoning on the entire site from Limited Control (L-C) to One family Residential (R-1) to facilitate the subdivision of a 10.16 acre site on a property generally located at the north-east end of Camino Hills Drive and along the west side of El Camino Real. (TR-SD) [APPROVED]

c. City of Carlsbad LCP Amendment No. 1-10A (Muroya) and B (Village Area Title Amendment) Time Extension. Public hearing and action to extend the 90-day time limit for Commission action up to one year on request by the City of Carlsbad to amend its LCP to revise both the Land Use and Implementation Plans to first change the land use designation from Residential Low Medium (RLM) to Residential Medium (RM), Residential Low Medium (RLM) and Open Space (OS) and modify the existing zoning from Limited Control (L-C) to R-1, RD-M and OS on the 20 acre Muroya site located on the west side of Black Rail Road between Aviara Parkway and Corte Orchidia and then amend the zoning code to reflect the expiration of the Village Area Redevelopment Plan. (TR/DNL-SD) [Time Extension APPROVED]

d. City of Carlsbad LCP Amendment No. 2-10A (Adams St. Subdivision Resubmittal) and B (Zoning Ordinance Clean-up) Time Extension. Public hearing and action to extend the 90-day time limit for Commission action up to one year on request by the City of Carlsbad to amend its LCP to revise both the Land Use and Implementation Plans to first change the land use designation from Residential Low Medium (RLM) to Residential Low Medium (RLM) and Open Space (OS) on a one acre (Adams Street) site located along the north shore of Agua Hedionda Lagoon between Highland and Park Drives and then amend the certified zoning code to reflect miscellaneous revisions. (TR/DNL-SD) [Time Extension APPROVED]

e. City of Encinitas LCP Amendment No. 3-10 De Minimis (Design Review/Zoning Clean-up) Time Extension. Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by the City of Encinitas to amend the certified Implementation Plan to correct and update Chapter 23.08 (Design Review) and Title 30 (Zoning). (DNL-SD)  [Time Extension APPROVED]

24. 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 24a below on December 13.]

a. Application No. 6-10-76 (SANDAG bikeway improvements, San Diego & Chula Vista) Application of the San Diego Association of Governments (SANDAG) to construct portion of Bayshore Bikeway (Segments 7 & 8A) to include combination of on- and off-street Class I bicycle paths/lanes along Bay Blvd. from H Street to Stella Street, San Diego & Chula Vista, San Diego County. (MA-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

25. 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. F9010-A3 (All Creatures Hospital, Inc., San Diego) Request by All Creatures Hospital, Inc. to amend permit for construction of veterinary clinic to delete Special Condition No. 1 which required recordation of open space easement over floodplain portion of 60,092 sq.ft. site, at 3665 Via de la Valle, North City, San Diego, San Diego County. (TR-SD)  [POSTPONED]

26. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Appeal No. A-6-PSD-09-43 (San Diego Port District NEVP Phase I Improvements). San Diego Port District denied permit to realign North Harbor Drive from B Street Pier to south of Broadway Pier eastward, construct 105-ft. wide esplanade; public plaza at foot of West Broadway; gardens; shade pavilions; ticket kiosks; information building; walk-up café restroom; median improvements on West Broadway between North Harbor Drive & Pacific Highway; and restriping to provide additional turn lane to Grape Street & North Harbor Drive intersection, at North Harbor Drive, from B Street Pier to south of Broadway Pier; Grape Street & North Harbor Drive intersection, San Diego, San Diego County. (DL-SD) [APPROVED]

STATEWIDE

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 reports and possible Commission action on legislation and water quality.

a. SONGS Mitigation Monitoring Program. Annual status report for the mitigation projects required in Southern California Edison’s coastal development permit for the San Onofre Nuclear Generating Station (SONGS) Units 2 and 3 (CDP #6-81-330, formerly 183-73). (SMH-SF)

b. Budget Update. Briefing and possible action regarding Commission’s FY10/11 budget. (SMH-SF)

9:00 a.m.

THURSDAY, DECEMBER 16, 2010

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.

STATEWIDE

4. Public Education Program Update. Presentation by the Public Education Program staff on activities and accomplishments for 2010. (CP/ES/SL/AF/VM/MY/SW-SF) 

SOUTH CENTRAL COAST DISTRICT

4.5. NEW APPEALS

[An addendum has been linked from the staff report for item 4.5a below on December 15.]

a. Appeal No. A-4-VNT-10-105 (Caltrans, Ventura Co.) Appeals by Douglas Richardson, David Chernof MD, and James Littlefield-Santa Cruz Chapter Director Surfers’ Environmental Alliance, from decision by County of Ventura granting permit with conditions to Calif. Dept. of Transportation (Caltrans) for construction of high occupancy vehicle (HOV) lanes within existing median of Highway 101, for a distance of 3.4 miles between Mobil Pier Undercrossing and Bates Road (at the Ventura/Santa Barbara County line); includes parallel Coastal Trail/bikeway seaward of Highway 101, with new or improved shoreline access at seven locations, public access parking area at Punta Gorda, and new pedestrian undercrossing at La Conchita; project adjacent to the communities of Mussel Shoals, La Conchita, and Rincon Point, Ventura County. (LO-V) [NO SUBSTANTIAL ISSUE FOUND]

NORTH CENTRAL COAST DISTRICT

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 San Francisco office at (415) 904-5260. [APPROVED]

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. 2-06-018 and A-2-MAR-08-028 (Lawson’s Landing, Marin Co.) Recreational and agricultural use of 940 to 960-ac. property, including: 673 RV and tent lots, 209 year-round trailer lots, day use parking, boating facilities, store, offices, recreational center, employee housing, fuel service and storage, wastewater disposal system, water tanks, road improvements, and cattle grazing at 137 Marine View Drive, Dillon Beach, Marin County. (RP-SF) [POSTPONED]

b. Application No. 2-10-20 (Marin County Dept. of Public Works, Inverness and Bolinas) Application of Marin County Dept. of Public Works for maintenance cleaning of sediment from 46 culverts and drainages in Inverness and Bolinas, Marin County. (RA-SF) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

[Items 8.1 and 8.3 below share a single, combined staff report;
an addendum has been linked from it on December 15..]

8.1. Consent Cease and Desist Order No. CCC-10-CD-01 (Driftwood Properties, LLC –Laguna Beach, Orange Co.) Public hearing and Commission action on proposed Consent Cease and Desist Order directing Driftwood Properties, LLC, to 1) cease and desist from conducting further unpermitted development, including, but not limited to, removal of major vegetation, and from maintaining existing unpermitted development, including, but not limited to, sandbags, sand/gravel/earthen berms, filter fabric over the berms, and plastic discharge pipes; 2) remove unpermitted development; 3) remove non-native vegetation; 4) offer to dedicate open space conservation and public access easement over entirety of property currently designated by Orange County Assessor’s Office as Assessor Parcel Nos. 056-240-65, 056-240-57, and 656-191-40, located at northern terminus of Driftwood Drive; 5) transfer entirety of property to City of Laguna Beach subject to OTD/conservation easement; and 6) grant to Coastal Conservancy “Preemptive Purchase Right Agreement” over additional 80 acres of property to north and north-east of above-referenced property, City of Laguna Beach, Orange County. (ANM-SF) [APPROVED]

8.3 Consent Restoration Order No. CCC-10-RO-01 (Driftwood Properties, LLC –Laguna Beach, Orange Co.) Public hearing and Commission action on proposed Consent Restoration Order directing Driftwood Properties, LLC, to address unpermitted development, including removal of major vegetation and results thereof, and placement and maintenance of approx. 5,500 sandbags (and sand/gravel/fill released from bags), sand/gravel/earthen berms, filter fabric over berms, and plastic discharge pipes, on property currently designated by Orange County Assessor’s Office as Assessor Parcel Numbers 056-240-65, 056-240-57, and 656-191-40, located at northern terminus of Driftwood Drive in City of Laguna Beach, Orange County, through restorative actions including: 1) removing unpermitted development, 2) removing non-native vegetation, 3) offering to dedicate open space conservation  and public access easement over entirety of property, 4) transferring entirety of property to City of Laguna Beach subject to OTD/conservation easement, and 5) granting to Coastal Conservancy “Preemptive Purchase Right Agreement” over additional 80 acres of property to north and north-east of above-referenced property. (ANM-SF) [APPROVED]

8.5. Consent Cease and Desist Order No. CCC-10-CD-09 (Soloway – Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Consent Cease and Desist Order authorizing and ordering Natalie Soloway to: (1) cease and desist from maintaining existing unpermitted development and/or engaging in any further unpermitted development, including, but not limited to: a guest house, concrete block walls and other materials within and adjacent to Encinal Canyon Creek, and removal of major vegetation from environmentally sensitive habitat areas; and (2) to undertake measures necessary to comply with the Coastal Act, including removal of the unpermitted development, among other things, on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Number 4472-028-028. (EAD-SF) [POSTPONED]

8.7. Consent Restoration Order No. CCC-10-RO-08 (Soloway – Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Consent Restoration Order authorizing and ordering Natalie Soloway to: (1) remove unpermitted development, including, but not limited to: a guest house, concrete block walls and other materials within and adjacent to Encinal Canyon Creek; and (2) undertake restoration of those areas impacted by the unpermitted development (including restoration of environmentally sensitive habitat areas from which major vegetation was removed), on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Number 4472-028-028. (EAD-SF) [POSTPONED]

NORTH 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 Eureka office at (707) 445-7833.

a. County of Del Norte LCP Amendment No. DNC-MIN-01-10 (Minor). Concurrence with Executive Director's determination that proposed modifications to County of Del Norte certified Implementation Plan, to allow park model recreational vehicles as temporary invalid family care units subject to securement of a conditional use permit are minor. Manufactured homes are currently allowed as temporary family care units. Placement of the temporary park model recreational vehicles would be subject to same conditional requirements as manufactured homes including a bonding requirement for future removal, integration with existing utilities, and verification of need (i.e., health or age). (JB-E) [APPROVED]

b. County of Del Norte LCP Amendment No. DNC-MIN-01-09 (Minor). Concurrence with Executive Director's determination that proposed amendments to County of Del Norte certified LCP including revisions to the County's existing Flood Damage Prevention Ordinance to meet the minimum requirements of the National Flood Insurance Program (NFIP) by adding language to clarify existing requirements, updating flood zone designations, and removing of obsolete provisions, are minor. (JB-E)  [APPROVED]

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

11. 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. 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 install extension of culvert to capture flow within 24-ft. long section of water course and fill of culverted area to grade in front of real estate office at Irish Beach residential subdivision to provide more parking area and prevent vehicles from accidently driving into water course, at 44001 Noyo Way, Manchester, Mendocino County. (RSM-E) [POSTPONED]

[An addendum has been appended to the staff report for item 11b below on December 13.]

b. Application No. 1-10-5 (California Dept. of Fish & Game, Humboldt Co.) Application of California Dept. of Fish & Game to conduct surveys within intertidal zone of Humboldt Bay and Eel River estuary for invasive dwarf eelgrass Zostera japonica and remove invasive species, if found, over a 10-year period throughout Humboldt Bay & Eel River estuaries, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 1-10-34 (Kinori & Lobovits, Humboldt Co.)  Application of Ilan Kinori & Laurel Lobovits to construct 1,551 sq. ft., two bedroom single family home and one floating dock, along the north side of Herring Avenue, King Salmon, Humboldt County. (MBK-E)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

9:00 a.m.

FRIDAY, DECEMBER 17, 2010

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.

STATEWIDE

4. Annual Report of the Conservation/Open Space OTD Program. Report on the Status of Conservation & Open Space Offers to Dedicate Easements. (AH-SF)

4.5. SEA LEVEL RISE/CLIMATE CHANGE. Briefing and discussion on Coastal Commission’s work on sea level rise and climate change issues. (CCTF/SH/LK-SF)

CENTRAL COAST DISTRICT

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

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

7. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been linked from the staff report for item 7a below on December 13.]

a. Appeal No. A-3-PSB-10-032 (Larson, San Luis Obispo Co.) Appeal by Rinaldo and Nelly Caminada, Janet George, and Edward Pollard of City of Pismo Beach decision granting permit with conditions to Jordan and Rachael Larson for demolition of existing garage and construction of new garage and 1,220 sq.ft. single-family home at 202 Vista Del Mar in Pismo Beach, San Luis Obispo County. (MC-SC) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

8. 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.

[Items 8a and 8b below share a single, combined staff report.]

a. Application No. A-3-SCO-08-029 (Trousdale, Aptos, Santa Cruz Co.) Application of Kelley and Cindy Trousdale to demolish 1-story single-family home and construct new 2-story, 5,146 sq.ft., single-family home, at 660 Bayview Drive on the bluff above Hidden Beach in Aptos area of unincorporated Santa Cruz County. (SC-SC) [WITHDRAWN]

b. Application No. A-3-SCO-08-042 (Trousdale, Aptos, Santa Cruz Co.) Application of Kelley and Cindy Trousdale to demolish 1-story single-family home and construct new 2-story, 4,251 sq.ft., single-family home, at 660 Bayview Drive on the bluff above Hidden Beach in Aptos area of unincorporated Santa Cruz County. (SC-SC) [WITHDRAWN]

[Items 8c, 8d and 8e below share a single, combined staff report.]

c. Application No. A-3-SCO-09-001 (Frank, Aptos, Santa Cruz Co.) Application of Donald Neil Frank to construct new 2-story, 3,207 sq.ft., single-family home with associated site improvements on vacant bluff-top property off of Bayview Drive and above Hidden Beach in Aptos area of south Santa Cruz County. (SC-SC) [APPROVED WITH CONDITIONS]

d. Application No. A-3-SCO-09-002 (Frank, Aptos, Santa Cruz Co.) Application of Donald Neil Frank to construct new 2-story, 3,721 sq.ft., single-family home with associated site improvements on vacant bluff-top property off of Bayview Drive and above Hidden Beach in Aptos area of south Santa Cruz County. (SC-SC) [DENIED]

e. Application No. A-3-SCO-09-003 (Frank, Aptos, Santa Cruz Co.) Application of Donald Neil Frank to construct new 2-story, 5,547 sq.ft., single-family home with associated site improvements on vacant bluff-top property off of Bayview Drive and above Hidden Beach in Aptos area of south Santa Cruz County. (SC-SC) [DENIED]

f. Application No. 3-10-045 (DaCosta, Pacific Grove) Application of Nicholas and Bonnie DaCosta for after-the-fact authorization to construct 2,700 (+/-) sq.ft. single-family home with 450 sq.ft. garage and related site improvements at 1301 Pico Avenue in the Asilomar Dunes area of Pacific Grove in Monterey County. (MW-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

9. 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]

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

11. 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 11a below on December 17.]

a. Application No. E-10-008 (Bio Architecture Lab, Goleta) Application of Bio Architecture Lab, Inc. to temporarily anchor 3.87 ac. submerged kelp cultivation structure in nearshore waters for planting, growth, and subsequent harvest of approx. 50,000 giant kelp plants, Goleta, Santa Barbara County. (CT-SF) [APPROVED WITH CONDITIONS]

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. Application No. E-01-029-A3/CC-111-01 (Tata Communications, Inc., Los Angeles Co.) Request by Tata Communications, Inc. to reduce frequency of fiber optic cable burial surveys for G5 cable from once every 18 to 24 months to once every 5 years, in state and federal waters offshore Hermosa Beach, Los Angeles County. (KH-SF) [APPROVED]

13. REVISED FINDINGS. See AGENDA CATEGORIES.

a. CD-035-10 (U.S. Army Corps of Engineers, Los Angeles Co.) Conditional concurrence with consistency determination by Corps of Engineers for maintenance dredging and disposal operations at Marina del Rey Harbor entrance channels, Dockweiler and Redondo Beaches and adjacent nearshore waters, and Slip 1 in the Port of Long Beach, Los Angeles County. (LJS-SF) [APPROVED]

Future Meetings: The next meetings of the Coastal Commission January 12-14, 2011 in Long Beach and February 9-11, 2011 in San Diego County .