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AUGUST 2010 Agenda

San Luis Obispo County Government CENTER
Board of Supervisors Chambers
1055 Monterey Street
San Luis Obispo, CA 93408
(805) 781-1045  


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

This has been updated at 1:30 p.m., Friday, August 13, 2010.

9:00 A.M.

WEDNESDAY, AUGUST 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.

NORTH COAST DISTRICT

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

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

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

a. City of Arcata LCP Amendment No. ARC-MAJ-1-9 (City of Arcata - LCP Update)  Time Extension.  Public hearing and Commission action to extend time limit for action by Commission for LCP Amendment No. ARC-MAJ-1-09. (JB-E) [APPROVED]

b. Mendocino County LCP Amendment No. MEN-MAJ-1-08 (Delamotte)  Time Extension.  Public hearing and Commission action to extend time limit for action by County of Mendocino to accept Commission certification of LCP Amendment No. MEN-MAJ-1-08 (Delamotte) with suggested modifications.  (MBK-E) [APPROVED]

c. Del Norte County LCP Amendment No. DNC-MAJ-1-09 (Flood Damage/General Provisions/Hogberg) Time Extensiion.  Public hearing and Commission action to extend time limit for action by Commission for LCP Amendment No. DNC-MAJ-1-09 (Flood Damage/General Provisions/Hogberg)  (JB-E) [APPROVED]

7. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-1-DNC-10-16 (County of Del Norte, Del Norte Co.)  Appeal by James R. & Kathleen Brown from decision of County of Del Norte granting permit with conditions to County of Del Norte for the Pebble Beach Drive Rehabilitation and Bike Paths Coastal Trail Project, at Pebble Beach Drive from City of Crescent City limits to Washington Boulevard. (RSM-E) [NO SUBSTANTIAL ISSUE FOUND]

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

[An addendum has been appended to the staff report ffor item 8a below on August 5.]

a. Appeal No. A-1-MEN-07-28 (Jackson-Grube Family, Inc., Mendocino Co.)  Application of Jackson-Grube Family, Inc. to redevelop existing complex of ranch buildings and develop 6 unit inn by: (1) demolishing 5 existing ranch buildings; (2) renovating and expanding approx. 2,049 sq.ft. existing main building (former Orca Inn) into 4,137 sq.ft. inn building containing 412 sq.ft. unit,  249 sq.ft. unit, 240 sq.ft. unit and 3,236 sq.ft. of accessory common and service areas; (3) constructing cottage with 3 rental units of 915 sq.ft., 837 sq.ft., and 526 sq.ft. (4) constructing 1,737 sq.ft. ranch manager's unit; (5) constructing 1,121 sq.ft. ranch equipment barn; (6) installing 240 sq.ft. generator/pump shed; (7) constructing 1,508 sq.ft. garage for inn guests; (8) installing new septic system; (9) improving and rerouting portion of existing 14,810 sq.ft. driveway; (10) burying existing overhead utility lines, and providing public access improvements located at 31502 North Highway 1, 4 miles south of Westport, Mendocino County. (RSM-E) [APPROVED WITH CONDITIONS]

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

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

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.

[An addendum has been appended to the the staff report for item 11a below on August 10.]

a. Appeal No. A-2-SMC-07-01 (Sterling, San Mateo Co.) Appeal by Commissioners Caldwell & Kruer from decision of County of San Mateo granting permit with conditions to Dan & Denise Sterling for conversion of agricultural well to domestic use, construction of new 6,456 sq.ft., single family home, placement of up to 7 water storage tanks for fire suppression, installation of septic system, construction and grading of private access driveway, and legalization of existing mobile home as temporary housing during construction, on legal 143-ac. parcel located east of unincorporated El Granada area of San Mateo County, at 300 San Juan Ave, El Granada, San Mateo County. (CL-SF) [APPROVED WITH CONDITIONS]

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

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

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

a. City of Carmel-by-the-Sea LCP Amendment No. CML-1-10 (Medical Marijuana Dispensaries). Public hearing and action on request by City of Carmel-by-the-Sea to amend the LCP to ban medical marijuana dispensaries in the city. (MW-SC) [APPROVED]

b. City of Carmel-by-the-Sea LCP Amendment No. CML-2-10 (Mills Act Historic Preservation). Public hearing and action on request by City of Carmel-by-the-Sea to modify the LCP’s historic preservation requirements (including to eliminate certain standards, put more emphasis on historic rehabilitation, and to expand the number of eligible properties) in accordance with the Mills Act. (MW-SC) [APPROVED]

[Addenda have been appended to the the staff reports for items 14c and 14d below on August 10.]

c. San Luis Obispo County LCP Amendment No. SLO-2-09 Part 2 (Inclusionary Housing). Public hearing and action on request by San Luis Obispo County to amend LCP standards related to inclusionary housing requirements. (MC-SC) [APPROVED WITH MODIFICATIONS]

d. San Luis Obispo County LCP Amendment No. SLO-3-09 (Framework for Planning Update). Public hearing and action on request by San Luis Obispo County to update the LCP’s Framework for Planning. (MC-SC) [APPROVED WITH MODIFICATIONS]

15. NEW APPEALS.  See AGENDA CATEGORIES.

[Addenda have been appended to the the staff reports for items 16a and 16b below on August 10.]

a. Appeal No. A-3-SLO-06-043 (SDS Family Trust, Harmony Coast). Appeal by Commissioners Wan and Reilly, and the Sierra Club of San Luis Obispo County decision granting permit with conditions to the SDS Family Trust to construct a barn and to remove an existing public accessway west of Highway One adjacent to the Pacific Ocean along the Harmony Coast area near Cayucos in unincorporated San Luis Obispo County. (MC-SC) [SUBSTANTIAL ISSUE FOUND, at de novo hearing: APPROVED, in part and DENIED, in part]

b. Appeal No. A-3-SLO-10-016 (State Parks, Harmony). Appeal by the Schneider Family Trust and the SDS Family Trust of San Luis Obispo County decision granting permit with conditions to the California Department of Parks and Recreation to improve a parking area and related development along Highway One (including signs, information kiosk, bridge rails, and an iron ranger fee collection tube) supporting use of Harmony Headlands State Park, between Cayucos and Cambria along the Harmony Coast in unincorporated San Luis Obispo County. (JB-SC) [POSTPONED]

c. Appeal No. A-3-SCO-10-025 (Ingram, Pleasure Point). Appeal by Lisa and William Shawver of Santa Cruz County decision granting permit with conditions to Alex and Kristine Ingram to amend previous coastal permit (which authorized an addition and remodel to an existing residence) including to increase the floor area ratio from the allowed 50% to about 59%, at 7 Rockview Drive adjacent to the Pleasure Point surfing area in the unincorporated Live Oak area of Santa Cruz County. (SC-SC) [NO SUBSTANTIAL ISSUE FOUND]

d. Appeal No. A-3-SLO-10-031 (Goodan, Harmony). Appeal by Commissioners Mirkarimi and Wan of San Luis Obispo County decision granting permit with conditions to Eunice Goodan to construct a 5,019 sq. ft., 2-story, single-family home (with an approximate 2,500 sq. ft. footprint, 1,281 sq. ft. unconditioned basement/workroom, 886 sq. ft. attached garage, 1,297 sq. ft.  deck, 5,000 gallon water tank, and various drainage and landscape improvements) on blufftop area, and to convert an existing 1,100 sq. ft. single-family home on site to farm support residence, at 500 Harmony Ranch Road approximately 1.25 miles west of Highway One, and 2 miles south of community of Cambria along the Harmony Coast in unincorporated San Luis Obispo County. (JB-SC) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

16. 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. 3-09-25 (Pebble Beach Company, Del Monte Forest). Application of Pebble Beach Company to construct retaining wall and seawall below The Pebble Beach Beach Club fronting Stillwater Cove in Pebble Beach area of Monterey County. (KM-SC) [APPROVED WITH CONDITIONS]

b. Application No. 3-09-42 (O'Neill, Pleasure Point). Application of Jack O’Neill to construct faux bluff sculpted concrete seawall at base of bluff below 2-3610 East Cliff Drive adjacent to Pleasure Point surfing area in unincorporated Live Oak area of Santa Cruz County. (SC-SC) [APPROVED WITH CONDITIONS]

c. Application No. 3-09-68 (City of Santa Cruz, Santa Cruz). Application of City of Santa Cruz to implement Arana Gulch Master Plan for 67.7 acre City-owned greenbelt property and to construct connecting trail segments outside of greenbelt area. Project includes management and restoration of habitat areas; improvements to existing trail system, including paved multi-use path (some over existing trails, some new); construction of new bridge over Hagemann Gulch; interpretive displays and trail signage; installation of fencing, including to allow limited cattle grazing, at Arana Gulch just inland of Santa Cruz Harbor in Santa Cruz County. (SC-SC) [POSTPONED]

17. 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. 3-04-027-A2 (City of Pacific Grove, Pacific Grove). Appeal by the City of Pacific Grove of the Executive Director’s determination that the proposed amendment (to recognize an existing unpermitted residential preferential parking program along the Pacific Grove shoreline when the base CDP required it to be removed) lessens and avoids the intend effect of the CDP (pursuant to CCR Section 13166). (MW-SC) [POSTPONED]

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:

City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPIs) Govt. Code § 11126(e)(2)(A).
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPIs) Govt. Code § 11126(e)(2)(A). 
City of Oxnard et al. v. CCC (Southern California Edison, RPI) Govt. Code § 11126(e)(2)(A). 
Hagopian et al. v. CCC et al. Govt. Code § 11126(e)(2)(A). 
Hines v. CCC et al. (Star, RPI) Govt. Code § 11126(e)(2)(A). 
Jackson-Grube Family, Inc. v. CCC Govt. Code § 11126(e)(2)(A). 
LandWatch San Luis Obispo County v. Cambria Community Services Dist., et al.  Govt. Code § 11126(e)(2)(A).
Littlejohn et al. v. CCC (Margolis et al., RPI) Govt. Code § 11126(e)(2)(A). 
Revell v. CCC (Access for All, RPI)  Govt. Code § 11126(e)(2)(A). 
Ross v. CCC et al. (Malibu Bay Co., RPI)  Govt. Code § 11126(e)(2)(A). 
Sterling 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). 

18. APPROVAL OF MINUTES.  [APPROVED]

19. COMMISSIONERS' REPORTS.

20. CONSERVANCY REPORT.

21. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

22. DEPUTY ATTORNEY GENERAL'S REPORT.

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

Morro Bay Boat Tour 

What:       Morro Bay Harbor Tour aboard the Papagallo

Date:        August 11th

Time:        6:30 p.m. (approximate time depending on the end time of the
                Coastal meeting)
Reservation is a must.  Space is limited. 
 
Call Vicki at 805-781-4337 before August 6th.


9:00 a.m.

THURSDAY, AUGUST 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.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

4. ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY.  Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, matters not requiring public hearings, and status report on offshore oil & gas exploration & development.

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

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

a. Application No. E-09-011 (Rincon Island Limited Partnership, Ventura) Application of Rincon Island Limited Partnership to carry out repairs on 2,732 ft. long causeway connecting Rincon Island to shore Punta Gorda and replace 285 cu. yds. of rock rip-rap at Punta Gorda revetment, Ventura County. (CT-SF) [APPROVED WITH CONDITIONS]

6. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

[An addendum has been appended to the the staff report for item 6a below on August 10.]

a. CD-033-10 (Navy, Coronado) Consistency Determination by U. S. Navy for existing and expanded training activities at the Navy’s Silver Strand Training Complex (SSTC) and the southern nearshore area of Naval Air Station North Island (NASNI), Coronado, San Diego Co. (MPD-SF) [APPROVED WITH MODIFICATIONS]

b. CD-029-10 (NOAA, Southern California) Consistency Determination by National Oceanic and Atmospheric Administration (NOAA) for research proposed in the Southern California Bight (primarily within the U.S. Navy's existing Southern California (SOCAL) Range Complex), to be conducted over a 5-year period (commencing in Summer/Fall 2010) to study the basic behavior, vocal communication, and biology of various marine mammal species and to measure their reactions to a controlled underwater sound exposures. (MPD-SF) [APPROVED]

[An addendum has been appended to the the staff report for item 6c below on August 10.]

c. CD-035-10 (Corps of Engineers, Marina del Rey)  Consistency Determination by U.S. Army Corps of Engineers for 894,000 cu. yds. of maintenance dredging of the Marina del Rey Harbor Entrance Channel, with disposal at Dockweiler Beach, Redondo Beach, and a previously-approved confined aquatic disposal site at Slip 1 in the Port of Long Beach, Los Angeles Co. (LJS-SF) [APPROVED WITH MODIFICATIONS]

ENFORCEMENT

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

[Items 8 through 14 below share a single, combined staff report;
an addendum has been appended to it on August 11.]

8. Commission Cease and Desist Order No. CCC-10-CD-07 (Stefan Hagopian & Kathryn Hagopian – Topanga, Los Angeles Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Stefan Hagopian and Kathryn Hagopian, and their agents and representatives, to cease and desist from maintaining unpermitted development and engaging in any further unpermitted development, including but not limited to: the erection of six structures; removal of major vegetation; placement of commercial vineyards; erection of a tennis court; grading; deposition of fill materials and placement of debris piles; and to undertake measures necessary to comply with the Coastal Act, on the property treated by the Los Angeles County Assessor’s Office as two parcels with Assessor Parcel Numbers 4438-016-007 and 4438-016-024. (EAD-SF) [APPROVED]

9. Commission Restoration Order No. CCC-10-RO-06 (Stefan Hagopian & Kathryn Hagopian – Topanga, Los Angeles Co.) Public hearing and Commission action on proposed Restoration Order directing Stefan Hagopian and Kathryn Hagopian, and their agents and representatives, to undertake restoration of an area impacted by unpermitted development, including but not limited to: the erection of six structures; removal of major vegetation; placement of commercial vineyards; erection of a tennis court; grading; deposition of fill materials and placement of debris piles on the property treated by the Los Angeles County Assessor’s Office as two parcels with Assessor Parcel Numbers 4438-016-007 and 4438-016-024. (EAD-SF) [APPROVED]

10. Commission Cease and Desist Order No. CCC-10-CD-08 (Stefan Hagopian, Kathryn Hagopian and Rahel Hagopian – Topanga, Los Angeles Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Stefan Hagopian, Kathryn Hagopian and Rahel Hagopian, and their agents and representatives, to cease and desist from maintaining unpermitted development and engaging in any further unpermitted development, including but not limited to: the erection of a structure; removal of major vegetation; grading and placement of commercial vineyards; and to undertake measures necessary to comply with the Coastal Act, on the property treated by the Los Angeles County Assessor’s Office as Assessor Parcel Number 4438-036-006. (EAD-SF) [APPROVED]

11. Commission Restoration Order No. CCC-10-RO-07 (Stefan Hagopian, Kathryn Hagopian and Rahel Hagopian – Topanga, Los Angeles Co.) Public hearing and Commission action on proposed Restoration Order directing Stefan Hagopian, Kathryn Hagopian and Rahel Hagopian, and their agents and representatives, to undertake restoration of an area impacted by unpermitted development, including but not limited to: the erection a structure; removal of major vegetation; grading and placement of commercial vineyards on the property treated by the Los Angeles County Assessor’s Office as Assessor Parcel Number 4438-036-006. (EAD-SF) [APPROVED]

12. Commission Notice of Violation No. CCC-10-NOV-02 (Stefan Hagopian & Kathryn Hagopian – Topanga, Los Angeles Co.) Public hearing and Commission action on proposed recordation of Notice of Violation identifying unpermitted development including, but not limited to: the erection of six structures; removal of major vegetation; placement of commercial vineyards; erection of a tennis court; grading; deposition of fill materials and placement of debris piles; directed to Stefan & Kathryn Hagopian as owners of property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Number 4438-016-007. (EAD-SF) [APPROVED]

13. Commission Notice of Violation No. CCC-10-NOV-03 (Stefan Hagopian & Kathryn Hagopian – Topanga, Los Angeles Co.) Public hearing and Commission action on proposed recordation of Notice of Violation identifying unpermitted development including, but not limited to: grading; directed to Stefan & Kathryn Hagopian as owners of property treated by the Los Angeles County Assessor’s Office as Assessor Parcel Number 4438-016-024. (EAD-SF) [APPROVED]

14. Commission Notice of Violation No. CCC-10-NOV-04 (Stefan Hagopian, Kathryn Hagopian and Rahel Hagopian – Topanga, Los Angeles Co.) Public hearing and Commission action on proposed recordation of Notice of Violation identifying unpermitted development including, but not limited to: the erection of a structure; removal of major vegetation; grading and placement of commercial vineyards; directed to Stefan Hagopian, Kathryn Hagopian and Rahel Hagopian as owners of property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Number 4438-036-006. (EAD-SF) [APPROVED]

SOUTH CENTRAL COAST DISTRICT

15. DEPUTY DIRECTOR'S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission's Ventura office at (805) 585-1800. [APPROVED]

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

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

[Addenda have been appended to the the staff report for item 17a below on August 10 and August 11.]

a. City of Santa Barbara LCP Amendment No. MAJ-3-09 (Veronica Meadows). Public hearing and action on City of Santa Barbara request to amend its LCP to apply land use and zoning designations on a lot annexed into the City of Santa Barbara; modify the land use and zoning designations on an adjacent City lot: and create a new zone district, SP-9, to establish development standards for the Veronica Meadows Specific Plan, Las Positas Valley, at 900-1100 Las Positas Road, north of the terminus of Alan Road,  City of Santa Barbara, Santa Barbara County. (JJ-V) [APPROVED WITH MODIFICATIONS]

[Items 17b and 17c share a single, combined staff report;
an addendum has been appended to it on August 11.]

b. County of Santa Barbara LCP Amendment No. MAJ-1-09-A (County Land Use and Development Code). Public hearing and action on request by the County of Santa Barbara to amend its LCP to replace the existing Coastal Zoning Ordinance with the new Santa Barbara County Land Use and Development Code for areas of Santa Barbara County with the exception of the Montecito Community Plan Area, Santa Barbara County. (SLG-V) [TO CONTINUE]

c. County of Santa Barbara LCP Amendment No. MAJ-1-09-B (Montecito Land Use and Development Code and Rezone). Public hearing and action on request by the County of Santa Barbara to amend its LCP to replace the existing Coastal Zoning Ordinance with a separate Land Use and Development Code for the Montecito Community Plan Area and rezone two parcels (APN 009-230-025 and -026) located in Montecito from Retail Commercial to Neighborhood Commercial, Santa Barbara County. (SLG-V) [TO CONTINUE]

d. City of Malibu LCP Amendment No. MAL-MAJ-2-10 (Morton) 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 certified LCP to allow for the utilization of off-site view corridors and public benefits in lieu of required on-site view corridors, City of Malibu, Los Angeles County. (DC-V)  [Time Extension APPROVED]

18. NEW APPEALS.  See AGENDA CATEGORIES.

[An addendum has been appended to the the staff report for item 18a below on August 10.]

a. Appeal No. A-4-MAL-10-053 (WFS Seastar, Malibu) Appeal by Malibu Coalition for Slow Growth from decision by City of Malibu granting permit to WFS Seastar Company, LLC for demolition of abandoned gas station, and construction of 2,499 sq. ft. commercial office building with rooftop parking lot, vehicular ramp, septic system, landscaping, and 1,370 cu. yds. of grading (830 cu. yds. cut and 540 cu. yds. fill) at 22729 Pacific Coast Highway, Malibu, Los Angeles County. (BJC-V) [POSTPONED]

19. 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. 4-07-098 (California Dept. of Parks and Recreation, Malibu) Application of California Dept. of Parks and Recreation to restore and enhance Malibu Lagoon to improve function of lagoon ecosystem by recontouring lagoon configuration, slopes and drainages to increase hydrologic flow (51,200 cu yds. cut, 37,500 cu. yds. fill, and 13,700 cu. yds. export), habitat restoration plan to replant native species and remove non-native species,  construct a public access trail around lagoon, construct interpretive public educational amenities, and implement a long-term monitoring plan, Malibu Lagoon State Beach, City of Malibu, Los Angeles County. (AT-V) [POSTPONED]         

b. Application No. 4-07-143 (Ketchum and Kaplan, Los Angeles Co.) Application of Arlene Ketchum and Richard Kaplan to construct 26 ft. high, 3,800 sq. ft., single family home with 400 sq. ft. garage, 26.5 ft. high, 752 sq. ft. detached guest house with 712 sq. ft. guest garage, 10,000 gallon above ground water tank, water well, fencing around development area, swimming pool, septic system and 1,960 cu. yds. of grading.  (NBD-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

9:00 a.m.

FRIDAY, AUGUST 13, 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 PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 5-09-241 (Battal, Newport Beach)  Application of Mr. Abdullah Al Battal to remove dock, gangway, pier and piles and replace with: new 12 ft. x 30 ft. dock with two (2) new 14 in. diameter concrete piles; new 4 ft. x 24 ft. gangway; and new 12 ft. x 14 ft. pier with two (2) new 14 in. diameter concrete piles and two (2) existing piles.  The dock will also include grated floor panels.  The dock system will be composed of Douglas fir and Trex decking, at 2258 Channel Road, Newport Beach, Orange County. (FSY-LB) [APPROVED]

b. Application No. 5-10-5 (Taylor, Newport Beach)  Application of Mr. Robert Taylor to remove dock and install new dock (55 ft. x 11.25 ft. finger with 4 ft. x 16 ft. headwalk and an 8 ft. lobe) with three (3)-18 in. diameter concrete piles.  The existing pier and gangway will be re-used.  The dock will also include grated floor panels.  The dock system will be composed of Douglas fir and Trex decking, at 32 Linda Isle, Newport Beach, Orange County. (FSY-LB) [APPROVED]

c. Application No. 5-10-150 (Lewis, Huntington Beach)  Application of Mr. & Mrs. Lewis to demolish wooden cantilevered deck and construct new concrete deck of same (50 ft. x 5 ft.) dimensions cantilevered 5 ft. beyond bulkhead, at 16472 Malden Circle, Huntington Beach, Orange County.  (MV-LB) [APPROVED]

SAN DIEGO COAST DISTRICT

5. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 6-10-46 (Cabrillo Power, Carlsbad)  Application of Cabrillo Power I LLC for maintenance dredging of Agua Hedionda Lagoon  to include removal of up to 500,000 cu. yds. of sand from the outer basin and placement on the North, Middle, and South Carlsbad Beaches adjacent to the lagoon, Agua Hedionda Lagoon,  Carlsbad, San Diego County. (MA-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT  (Los Angeles 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]

a. City of Long Beach Local Coastal Program (LCP) Amendment Certification Review.  Concurrence with Executive Director’s determination that action of City of Long Beach accepting certification of LCP Amendment No. LOB-MAJ-1-09 with modifications is legally adequate.  City of Long Beach LCP Amendment No. LOB-MAJ-1-09 amends the Resources Management Plan portion of the LCP as it relates to Colorado Lagoon, (5200 Eliot Street), Long Beach, Los Angeles County. (CP-LB) [APPROVED]

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

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

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

a. City Of Rancho Palos Verdes LCP Amendment No. RPV-MAJ-1-10  (Nantasket Drive). Public hearing and action on request by City Of Rancho Palos Verdes to amend their Local Coastal Program amending both the Land Use Plan and Implementation Plan to the LCP to allow a change in land use and zoning designations for a vacant parcel (JDA-LB) [APPROVED WITH MODIFICATIONS]

9. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-5-PPL-10-156 (Morelli, Pacific Palisades)  Appeal by Susan Kudo from decision of City of Los Angeles granting permit to Mr. Alan E. Morelli for demoition of 2,500 sq. ft. single family home and construction, use and maintenance of a three-story, 11,330 sq. ft. single-family home with five-car garage on 57,431 sq. ft. lot located within dual jurisdiction permit area of California Coastal Zone, at 200 Mantau Rd., Pacific Palisades, Los Angeles County. (CP-LB) [POSTPONED]

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

[An addendum has been appended to the the staff report for item 10a below on August 11.]

a. Application No. 5-10-19 (Santa Catalina Island Company, Avalon)  Application of Santa Catalina Island Company to establish commercial underwater tourist attraction (Sea Trek) that utilizes floating dock seaward of mean high tide line at Descanso Bay.  The Sea Trek underwater tourist attraction will provide guide service to lead small groups of customers (with air hoses for breathing) on underwater walks on seafloor to observe marine life, at Descanso Bay, Avalon, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-10-102 (Lazarus, Santa Monica)  Application of Kirk Lazarus to remodel 1,667 sq. ft. addition, including new third floor to existing 3,634 sq. ft. single-family home.  Height of remodeled structure will be 40 ft. from existing grade, at 966 Palisades Beach Road, Santa Monica, Los Angeles County. (AP-LB)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Appeal No. A-5-VEN-10-138 (ADC Development, Inc., Los Angeles)  Appeal by 1311 A. K. Properties, Llc from decision of City of Los Angeles granting permit to ADC Development, Inc. for demolition of one-story 1,312 sq. ft. building, and construction of new 1,248 sq. ft. restaurant with 14 on-site parking spaces, at 1305 South Abbot Kinney, Venice, Los Angeles, Los Angeles County. (CP-LB) [POSTPONED]

11. 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 the staff report for item 11a below on August 11.]

a. Permit No. 5-08-294-A (City Of Los Angeles, Department Of Public Works, Bureau of Eng., Los Angeles)  Request by City Of Los Angeles, Department Of Public Works, Bureau Of Eng. to revise planting plan to accommodate Orcutts Yellow Pincushion preserve as part of the implementation of Phase III of the Ballona Lagoon Enhancement Plan  Includes reducing width of public path from 5 ft. to 4 ft., at West bank of Ballona Lagoon between Via Marina and Grand Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange CoUNTY)

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

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

14. LOCAL COASTAL PROGRAMS (LCPs) Major.  See AGENDA CATEGORIES.

a. City Of Huntington Beach LCP Amendment No. HNB-MAJ-2-9  (RLUIPA). Request by the City of Huntington Beach to amend the Implementation Plan (IP) portion of Local Coastal Program (LCP) by amending Chapter 211 Commercial Districts of City’s Zoning and Subdivision Ordinance (which is a portion of the certified Implementation Plan) by allowing religious assembly uses within the Visitor Commercial zoning district,  Huntington Beach, Orange County (MV-LB) [APPROVED]

14.5. NEW APPEALS.

[An addendum has been appended to the the staff report for item 14.5a below on August 10.]

a. Appeal No. A-5-LGB-10-166 (Skendarian, Laguna Beach), Appeal of Commissioners Shallenberger and Wan and Audrey Prosser of the decision of the City of Laguna Beach (CDP 10-05) granting a permit for extensive remodel of the historic Coast Inn including: an increase in room size and reduction in the number of rooms from 24 to 10; elimination of office space, restaurant, and 2 bars; and addition of 13-space subterranean parking garage, wine bar, elevator, and rooftop pool at 1401 South Coast Highway, Laguna Beach, Orange County.(JDA-LB)  [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

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

a. Application No. 5-09-193 (Pedersen-Lenich, Newport Beach)  Application of Victoria Pedersen-Lenich to demolish multiple-boat dock structure and construct new dock structure able to accommodate 8 to 10 boats, at 2547 West Coast Highway, Newport Beach, Orange County. (MV-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

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

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

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

a. City of Oceanside LCP Amendment No. 1-10 (Mini-Dorms) Time Extension.  Public hearing and action to extend 60-day time limit for Commission action up to one year on City of Oceanside Implementation Plan to modify sections of the zoning ordinance to regulate mini-dorms in high-density residential areas.  (TR-SD).  [Time Extension APPROVED]

b. City of San Diego LCP Amendment No. 1-10 (Voluntary Accessibility Program) Time Extension.  Public hearing and action to extend 60-day time limit for Commission action up to one year on City of San Diego Implementation Plan to incorporate a new division in the certified Land Development Code to encourage the provision of accessible design in new residential development.  (DNL-SD). [Time Extension APPROVED]

c. City of Encinitas LCP Amendment No. 1-10 (Grading Ordinance Modifications).  Public hearing and action on request by the City of Encinitas to amend the certified Implementation Plan to modify the Grading Ordinance and delete identified technical manuals (Landscape Guidelines Manual; Erosion and Sediment Control Manual and Engineering Design Manual) from the LCP.  (DNL-SD). [APPROVED WITH MODIFICATIONS]

18.5. NEW APPEALS.

a. Appeal No. A-6-OMN-10-54 (Kravis & Magnotto, Otay Mesa-Nestor, San Diego)  Appeal by Timothy J. Carmel from decision of City of San Diego granting permit with conditions to Mark Kravis & Paul Magnotto for construction of a 8,928 sq.ft. car wash with convenience store, parking, grading and landscaping on a vacant 0.94-acre site, at 1440 Palm Avenue, Otay Mesa-Nestor, San Diego, San Diego County. (DL-SD) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

19. 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. 6-10-6 (California Department of Transportation, San Diego Co.)  Application of California Department of Transportation to remove debris and repair failed culvert and slope to  include construction of detention basin at top of slope, installation of down-drain and rip rap dissipater.  Also proposed is  mitigation for habitat impacts at offsite location, at the Basilone Road/Interstate 5 (I-5) interchange, west of I-5 and east of Old Highway 101,  Camp Pendleton, San Diego County. (GB-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

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

b. Application No. 6-10-20 (California Department of Fish and Game, Carlsbad) Application of California Department of Fish and Game for maintenance dredging of Batiquitos Lagoon to include removal of up to 300,000 cu. yds. of beach sand from central and western basins and placement  on beach area south of lagoon inlet.  Also proposed is the replacement and extension of fencing around nesting areas and removal of up to 20,000 cu. yds. of cobble from inlet channel and placement within western basin to provide rocky shoreline habit and reduce erosion of endangered species nesting sites, Batiquitos Lagoon, Carlsbad, San Diego County. (MA-SD) [APPROVED WITH CONDITIONS]

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

[An addendum has been appended to the the staff report for item 20a below on August 12.]

a. Permit No. F7195 -A (Holmes Family Trust & Ab Mountain Associates, La Jolla)  Request by Holmes Family Trust & Ab Mountain Associates to amend permit for installation of revetment to do maintenance of revetment, at 5570 & 5576 Calumet Street, La Jolla, San Diego, San Diego County. (LJM-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the the staff report for item 20b below on August 10.]

b.  Permit No. 6-09-079-A1 (County of San Diego Public Parking Facility, San Diego)  Request by County of San Diego Department of Parks and Recreation to amend permit creating public trail connecting the Bayshore Bikeway and the Otay Valley River Park trail system, to repave portion of existing private parking lot at Swiss Park Club and resurface existing decomposed granite parking lot to create 18 space vehicle and bicycle public parking lot/staging area for the adjacent trail, at 2001 Main Street, San Diego, San Diego County. (DL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

21. REVISED FINDINGS.  See AGENDA CATEGORIES.

a. City of Carlsbad LCP Amendment No. 3-07B (Ponto Beachfront Vision Plan). City of Carlsbad denied amendment to the certified LCP to revise its Implementation Plan to include the Ponto Beachfront Vision Plan as a guidance document into the City’s LCP, for the purpose of describing a long term comprehensive vision for the Ponto Area. (TR-SD) [POSTPONED]

Future Meetings:  The next meetings of the Coastal Commission are September 15-17 in Eureka and and October 13-15 in Oceanside.