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February 2010 Agenda

Oceanside City Council Chambers
300 North Coast Hwy.
Oceanside, CA 92054
(760) 427-6127
 

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

This has been updated at 10:45 a.m., Friday, February 12, 2010.

9:00 a.m.

WEDNESDAY, FEBRUARY 10, 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.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

[The report for item 4 below has been updated on February 8.]

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

5. FEDERAL CONSISTENCY.. See AGENDA CATEGORIES.

a. CC-059-09 (North County Transit District, San Diego Co.) Consistency certification by North County Transit District for in-line replacement of 3 railroad bridges crossing Los Penasquitos Lagoon, San Diego County. (LJS-SF) [APPROVED]

6. REVOCATION. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 6a below on February 9.]

a. Revocation Request No. R2-E-06-013 (Poseidon Resources, Carlsbad) Request by Surfrider Foundation, San Diego Coastkeeper, and Coastal Environmental Rights Foundation to revoke permit E-06-013 granted to Poseidon Resources to construct and operate a 50 million gallon per day seawater desalination facility at site of Encina Power Plant, adjacent to Agua Hedionda Lagoon, in City of Carlsbad, San Diego County. (TRL-SF) [REVOCATION DENIED]

7. REVISED FINDINGS. See AGENDA CATEGORIES.

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

NORTH 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 San Francisco office at (415) 904-5260.

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

10. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-2-HMB-09-018 (Irwin, San Mateo Co.) Appeal by Kevin Lansing of decision of City of Half Moon Bay granting permit with conditions to John Irwin and Alice McClelland for construction of 2,887 sq.ft., 2-story, single-family home at 930 Railroad Avenue, Half Moon Bay, San Mateo County. (MC-SF) [WITHDRAWN]

b. Appeal No. A-2-HMB-10-001 (Hernandez, San Mateo Co.) Appeal by Commissioners Stone and Blank of decision of City of Half Moon Bay granting permit with conditions to Marcos and Esther Hernandez for construction of a 2-story, single-family home and lot merger at 306 Ralston Avenue, Half Moon Bay, San Mateo County. (MC-SF) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

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

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

ENFORCEMENT

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

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:

Berge et al. v. Cambria Community Services District et al. Govt. Code § 11126(e)(2)(A).
Electric Pointe LLC et al. v. City of Los Angeles, CCC Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC Govt. Code § 11126(e)(2)(A).
Mariposa Land Co. v. CCC et al. Govt. Code § 11126(e)(2)(A).
McAllister v. CCC (Laube et al., RPI) Govt. Code § 11126(e)(2)(A).
Revell v. CCC (Access for All, RPI) Govt. Code § 11126(e)(2)(A).
Sierra Club v. CCC et al. (State Lands Commission et al., RPI) Govt. Code § 11126(e)(2)(A).
T-Mobile West Corp. v. CCC 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).

14. APPROVAL OF MINUTES.

15. COMMISSIONERS' REPORTS.

16. CONSERVANCY REPORT.

17. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

18. DEPUTY ATTORNEY GENERAL'S REPORT.

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

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

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

9:00 a.m.

THURSDAY, FEBRUARY 11, 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.

SOUTH CENTRAL COAST DISTRICT

4. ADMINISTRATIVE CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 4-09-063 (City of Santa Barbara Marina Improvements) Application of City of Santa Barbara Waterfront Department to replace and expand Marina 3B End Tie to 504 sq. ft. to improve ADA accessibility with no new piles at Santa Barbara Harbor, 309 Shoreline Drive, Santa Barbara, Santa Barbara County. (JJ-V)  [APPROVED]

b. Application No. 4-09-064 (City of Santa Barbara Waterfront Department Marina Improvements) Application of City of Santa Barbara Waterfront Department to replace and expand Marina Accommodation Dock to 1,056 sq.ft. with 1 replacement pile at Santa Barbara Harbor, 128 Harbor Way, Santa Barbara, Santa Barbara County. (JJ-V) [APPROVED]

SOUTH COAST DISTRICT (Los Angeles County)

5. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-199 (City of Long Beach & Heritage Yacht Sales) Application of City of Long Beach and Heritage Yacht Sales to remove and replace existing commercial dock in the same location with 11 new piles, at 231 Marina Drive, Alamitos Bay, City of Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

6. CONSENT CALENDAR.  See AGENDA CATEGORIES.

 a. Application No. 6-09-076 (Craig, San Diego)  Application of Randy Craig to demolish existing one-story, 745 sq.ft. home and construct three-story, 29 ˝ ft. high, 1,367 sq.ft. home with two parking spaces on 1,285 sq.ft. lot, at 732 York Ct., Mission Beach, San Diego, San Diego County.  (LRO-SD) [APPROVED WITH CONDITIONS]

NORTH 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 Eureka office at (707) 445-7833.

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

9. LOCAL COASTAL PROGRAMS.  See AGENDA CATEGORIES.

a. City of Crescent City LCP Amendment No. CRC-MAJ-1-09 (Coasta Norte). Certification Review. Concurrence with the Executive Director’s determination that the resolutions and ordinances adopted by the City of Crescent City, accepting certification of CRC-MAJ-1-9 (Coasta Norte) involving changes in land use plan designations and standards and zoning districts and standards affecting 200 A Street and other sites are legally adequate. (JB-E) [APPROVED]

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

b. County of Mendocino LCP Amendment No. MEN-MAJ-1-08 (Delamotte). Public hearing and action on request by County of Mendocino to change the Coastal Land Use Maps designation for 92-acre parcel from Forest Land to Timber Production and rezone parcel from Forestland (FL-160) to Timber Production (TP-160), located on south side of Navarro River, approximately one mile east of Highway One, off of Cameron Road, approximately 4 miles southeast of Albion. (MBK-E) [APPROVED WITH MODIFICATIONS]

10. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-1-MEN-10-1 (Sharples & Verizon Wireless, Mendocino Co.) Appeals by California Native Plant Society, Dorothy King Young Chapter & Carol & Robert Zvolensky, D'Ann Finley, Phil Conwell & Wilbert Horne from decision of County of Mendocino granting permit with conditions to Philip H. & Grace Lavender Sharples & Verizon Wireless for use permit to allow construction and operation of a telecommunication facility to support a wireless provider (Verizon Vireless), consisting of 135-ft. tall lattice tower, 12 panel antennas, 2 microwave dishes, and ground based equipment, at 43600 Comptche-Ukiah Road, 1.8 miles southeast of Mendocino, Mendocino County. (RSM-E) [POSTPONED]

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

a. Application No. 1-09-33 (Eureka Broadcasting, Humboldt Co.) Application of Eureka Broadcasting to replace two 245-ft. high radio broadcasting antennae and appurtenant facilities, at parcel north of north end of Marsh Road, in the Myrtletown area northeast of Eureka, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH CENTRAL COAST DISTRICT

12. 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]

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

13.5. LOCAL COASTAL PROGRAMS (LCPs).

a. City of Malibu LCP Amendment No. MAJ-2-09-A (“Crummer Trust” Parcel). Public hearing and action on request by City of Malibu to amend the Land Use Plan (LUP) and Local Implementation Plan (LIP) portions of its certified Local Coastal Program (LCP) to delete LUP Policy 2.78 and to modify the requirements of the Planned Development (PD) land use designation for one vacant 24-acre parcel adjacent to Malibu Bluffs Park, formally known as the “Crummer Trust” parcel (APNs 4458-018-018, 019, 002) to allow for a mix of residential and recreational use instead of commercial visitor-serving use., City of Malibu, Los Angeles County. (DC-V) [APPROVED WITH MODIFICATIONS]

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

a. Application No. 4-09-029 (Rhodes-Dyson, Los Angeles Co.) Application of Vickie Rhodes-Dyson to add exterior decks to single-family home, reduce habitable square footage of residence to comply with the 2,000 sq.ft. GSA limitation, remodel interior of structure, add new septic system, add exterior stairway, and replace roof at 4129 S. Maguire Drive, Malibu, Los Angeles County. (AT-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

15. 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 15a below on February 10.]

a. Application No. P-9-23-76-8961-A2 (Breskal, Los Angeles Co.) Application of Saul Breskal to delete Special Condition No. 2 prohibiting development on 1 parcel of approved subdivision, including retirement of 1 separate parcel in Topanga pursuant to a Transfer of Development Credit (TDC), at 28002 Sea Lane, Malibu, Los Angeles County. (ADB-V) [DENIED]

16. RECONSIDERATION. See AGENDA CATEGORIES.

a. Application No. 4-08-022-R (Elliott, Los Angeles Co.) Reconsideration of Commission action to deny permit to Tom Elliott for construction of 2-story, 28-ft. high, 4,413 sq.ft. single-family home with 1,129 sq.ft. attached garage, swimming pool, 5,000 gal. water tank, septic system, 300-ft. long driveway with hammerhead turnaround, retaining walls, fencing, and 1,498 cu.yds. of grading, at 1522 Decker Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V) [WITHDRAWN]

SOUTH COAST DISTRICT (Los Angeles County)

17. 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.

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

19. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-5-RVP-10-002 (Conroy, Los Angeles Co.) Appeal by James Huston, Pamela Simes Fleming, Don Fleming, and Commissioners Shallenberger and Wan from decision of City of Rancho Palos Verdes granting (after-the-fact) permit to Brian and Jennifer Conroy to allow pool, spa and outdoor chimney barbeque in rear yard area of bluff top property, at 24 Sea Cove Drive, City of Rancho Palos Verdes, Los Angeles County. (CP-LB) [POSTPONED]

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

a. Application No. 5-09-125 (Verizon Wireless, Los Angeles Co.) Application of Verizon Wireless to install wireless telecommunication equipment on new 29-43 ft. high (grade level) wood utility poles in 5 various locations consisting of 6-ft. double extension arms, 2 panel antennas, microcell, and power meter mounted on 5 single poles, along Western Avenue, Paseo Del Mar, Pacific Avenue and Gaffey Street, San Pedro, Los Angeles County. (AP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 5-09-212 (Grand Prix Assoc. of Long Beach & City of Long Beach) Application for 2010 Toyota Grand Prix of Long Beach (April 15-18, 2010), including installation and removal of temporary facilities for traffic and public accommodations, at the Downtown Shoreline area, City of Long Beach, Los Angeles County. (CP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

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.

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

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

a. City of Carlsbad LCP Amendment 2-08B (Adams St. Subdivision). Public hearing and action on request by the City of Carlsbad to amend the certified Land Use Plan to change the land use designation from Residential Low Medium (RLM) to Open Space on a portion of a 1.08 ac. site containing sensitive habitat to facilitate the development of 2 single family homes. (TR-SD) [POSTPONED]

b. City of Encinitas LCP Amendment No. 3-08 (Downtown Encinitas Specific Plan). Public hearing and action on request of City of Encinitas to amend the certified Implementation Plan to restrict the types of ground floor uses to retail and pedestrian-oriented services only so as to encourage a pedestrian-oriented environment. (GDC-SD) [APPROVED]

c. City of Encinitas LCP Amendment No. 1-09 (Encinitas Ranch Specific Plan Revisions) Time Extension. Public hearing and action to extend 90 day limit for Commission action on request by City of Encinitas to amend the certified Land Use and Implementation Plan to increase the overall maximum floor area for the Regional Commercial Center from 695,000 sq.ft. to 750,000 sq.ft. (GDC-SD) [Time Extension APPROVED]

d. City of Del Mar LCP Amendment No. DMR-MAJ-1-09 (Modifications to Parking Requirments). Public hearing and action on request by the City of Del Mar to amend its LCP, both LUP and IP, to address common, shared and off-site parking, provide additional ADA-compliant parking and establish an in-lieu fee program for parking space reductions. (DNL-SD) [POSTPONED]

[Additional materials have been appended to  the staff report for item 23e below on February 10.]

e. City of San Diego LCP Amendment No. 3-08B (Pt. Loma Townhomes). Public hearing and action on request by the City of San Diego to amend Peninsula Community Land Use Plan to redesignate a 1.65 acre property from Industrial (Commercial Fishing/Marine Related) to Commercial to accommodate a proposed mixed-use project consisting of 47 residential townhomes (condominium units) and 3 street-level commercial condominium units (815 sq.ft., 930 sq.ft. and 1,475 sq.ft., respectively) at the north, northwest and northeast corners of the property located on the east side of Scott Street, bounded by Dickens Street to the north and Carleton Street to the south, Peninsula, San Diego County (LRO/DNL-SD) [WITHDRAWN]

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

a. Application No. 6-08-123 (Medina & Graham, Carlsbad) Application of Dr. Ben & Eunice Medina & Dr. David Graham to subdivide vacant 1.08 ac. parcel into 4 lot (2 residential, 1 driveway and 1 open space lot) and construct 3,000 sq.ft. home on Lot 1 and 3,243 sq.ft. home on Lot 2, at 4400 block of Adams Street along north shore of Agua Hedionda Lagoon, Agua Hedionda, Carlsbad, San Diego County. (TR-SD) [POSTPONED]

[Additional materials have been appended to and linked from the staff report for item 24b below on February 10.]

b. Appeal No. A-6-PSD-09-43 (San Diego Unified Port District, San Diego) Appeal by Katheryn Rhodes & Conrad Hartsell, Ian Trowbridge, Catherine M. O'Leary Carey & John M. Carey, Scott Andrews, Navy Broadway Complex Coalition and Commissioners Wan and Shallenberger from decision of Port of San Diego granting permit with conditions to San Diego Unified Port District to realign North Harbor Drive from B Street Pier to south of Broadway Pier eastward resulting in net loss of 146 public parking spaces, 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 and Pacific Highway; and restriping to provide additional turn lane to Grape Street and North Harbor Drive intersection, at North Harbor Drive, from B Street Pier to south of Broadway Pier; Grape Street and North Harbor Drive intersection, San Diego, San Diego County. (DL-SD) [TO CONTINUE]

[Addenda have been appended to staff reports for 24c and 24 d below on February 10.]

c. Application No. 6-09-75 (City of San Diego Safety Buoys) Application of City of San Diego to place buoys in water to demarcate safe swimming area, seaward of La Jolla Beach and Tennis Club, at 2000 Spindrift Dr., La Jolla, San Diego, San Diego County. (LJM-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-09-79 (San Diego County Parks Trail Improvements) Application of County of San Diego Department of Parks and Recreation to construct a 1,500-ft. long, 8-ft. wide trail segment connecting Otay Valley River Park (OVRP) trail system to Bayshore Bikeway, at south of intersection of Main Street and I-5 southbound Main Street off Ramp and 1,500 ft. northeast of terminus of Saturn Blvd. , San Diego, San Diego County. (DL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

9:00 a.m.

FRIDAY, FEBRUARY 12, 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.

SOUTH COAST DISTRICT (Orange County)

4. ADMINISTRATIVE PERMITS.  See AGENDA CATEGORIES.

a. Application No. 5-09-210 (Brennan, Newport Beach) Application of Dave Brennan to remove existing float and pile and install new float with three 10 in. diameter galvanized steel piles, new landing with one 10 in. diameter galvanized steel pile, existing gangway will be re-used and dock system will be composed of Douglas fir and Trex decking, at 420 Harbor Island Drive, Newport Beach, Orange County. (FSY-LB) [APPROVED]

b. Application No. 5-09-211 (Friedman, Newport Beach) Application of Bob Friedman to remove existing float and install new float with four 18 in. diameter concrete piles. Existing pier and gangway will be re-used and dock system will be composed of Douglas fir and Trex decking, at 37 Linda Isle, Newport Beach, Orange County. (FSY-LB) [APPROVED]

c. Application No. 5-09-237 (Goodwin, Huntington Beach)  Application of Thomas Goodwin to expand existing boat dock by adding “L” shaped extension to existing float and add two new, 14 in. diameter concrete piles and new 3 ft. by 24 ft. gangway,  at 3352 Bounty Circle, Huntington Beach, Orange County. (MV-LB) [APPROVED]

SOUTH COAST DISTRICT (Orange County)

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

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

6.5. NEW APPEALS.

a. Appeal No. A-5-DPT-10-010 (King, Dana Point) Appeal by Commissioners Wan & Shallenberger of decision by City of Dana Point granting permit with conditions to Toni King for repair and re-vegetation of a coastal bluff on site developed with a single-family home, consisting of grading activities that will create a series of terraces, geogrid and new fill soil, placed to match the former contours of the slope, with native landscaping, at 318 Monarch Bay Drive, Dana Point, Orange County. (FSY-LB) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

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

a. Application No. 5-09-179 (Hitchcock, San Clemente) Application of Fredrick E. Hitchcock, Jr. to install new 1,256 sq. ft., double-wide, 18.5 ft. tall mobile home, on above-ground concrete block pier foundation, hardscape improvements including paver patio, 11ft. tall patio cover, 30 in. tall masonry seat wall along oceanfront, drainage improvements and landscaping, on oceanfront lot, at 1880 N. El Camino Real #80, San Clemente, Orange County. (LR-LB) [POSTPONED]

b. Application No. 5-09-180 (Hitchcock, San Clemente) Application of Fredrick E. Hitchcock, Jr. to install new 1,345 sq.ft., double-wide, 19.5 ft. tall mobile home, on above-ground concrete block pier foundation, hardscape improvements including paver patio, 11ft. tall patio cover, 30 in. tall masonry seat wall along oceanfront, drainage improvements and landscaping, on an oceanfront lot, at 1880 N. El Camino Real #81, San Clemente, Orange County. (LR-LB) [POSTPONED]

c. Application No. 5-09-175 (Downs, San Clemente) Application of Mr. Donald Downs to add 100 sq. ft. to existing single-family home and improvements to existing 506 sq. ft. two-car garage; install caisson foundation re-enforcements, 60 sq. ft. garage addition, remodel of garage roof deck, and request for after-the-fact approval of 350 sq. ft. garage lower level guestroom/bathroom and 125 sq. ft. deck, on bluff-top lot, at 333 West Paseo de Cristobal, San Clemente, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[Additional correspondence received has been appended to the staff report for item 7d below on February 9.]

d. Application No. 5-09-128 (City of Newport Beach, Newport Beach) Application of City of Newport Beach to relocate volleyball court and install 2 poles to accommodate volleyball net, removal of approximately 100 sq. ft. of invasive, non-native ice plant and leveling of sand to accommodate volleyball court (approximately 25-30 cu.yds.), at China Cove Beach, Newport Beach, Orange County. (FSY-LB) [TO CONTINUE]

8. DISPUTE RESOLUTION.

[Additional correspondence received has been appended to the staff report for item 8a below on February 10.]

a. Dispute Resolution No. 5-10-14-EDD (Laguna Terrace Park LLC, Laguna Beach) Public hearing on appealability to Commission of the City of Laguna Beach’s decision to approve coastal development permit No. 09-36 requested by Laguna Terrace Park LLC to subdivide Laguna Terrace Mobile Home Park into 157 residential lots, 1 lettered common lot, 1 open space lot, 1 utility lot, and 2 undeveloped lots (Vesting Tentative Tract Map No. 17301), at 30802 South Coast Highway, Laguna Beach, Orange County. (KFS-LB) [Executive Director's Determination Upheld]

Future Meetings:  The next meetings of the Coastal Commission are March 10-12, 2010 in Santa Cruz and  April 14-16, 2010 in Ventura.