10:00 A.M.

WEDNESDAY, September 15, 2010

1. CALL TO ORDER.

2. ROLL CALL.

3. 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 (Orange County)

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

a. Application No. 5-10-74 (Rothman, Seal Beach) Application of Wendi Rothman to demolish single family home and construct new 6,755 sq. ft., 2-story single-family home over basement and 506 sq. ft., attached 2-car garage on beach front lot; structure would be three-stories on beach side and two-stories on street side. Grading will consist of 734 cu. yds. of cut, 40 cu. yds. of fill, and 694 cu. yds. of export to location outside of Coastal Zone. Landscaping, hardscape, pool and spa are also proposed, at 620 Ocean Ave, Seal Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

5. ENERGY, OCEAN RESOURCES and WATER QUALITY REPORT. 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.

6. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES

a. Application No. E-10-010 (LCW Partners, LLC, Long Beach): Application of LCW Partners, LLC to remove three shut-in oil pipelines from an oil field within Los Cerritos Wetlands complex, and construct 802 ft. of new pipeline on adjacent roadway. (KHH-SF) [APPROVED]

NORTH CENTRAL COAST DISTRICT

7. DEPUTY DIRECTOR’S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission’s San Francisco office at (415) 904-5260. [APPROVED]

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

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

a. San Mateo County LCP Amendment No. SMC-MAJ-1-04-A (Midcoast Design Standards). Certification Review. Concurrence with the Executive Director’s determination that action by the County of San Mateo, accepting certification of SMC-MAJ-1-04-A (Midcoast Design Standards), with suggested modifications, is legally adequate. (MC-SF) [APPROVED]

b. San Mateo County LCP Amendment No. SMC-MAJ-1-09 (Wireless Facilities). Certification Review. Concurrence with the Executive Director’s determination that action by the County of San Mateo, accepting certification of SMC-MAJ-1-09 (Wireless Facilities), with suggested modifications, is legally adequate. (MC-SF) [APPROVED]

10. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-2-MAR-10-22 (Magee & Dillon Vision L.L.C., Marshall). Appeal by Scott Kivel & Lia Lund of decision by County of Marin granting a permit with conditions to construct a single-family 3,200 sq.ft. home with garage, sheep shelter, green house, maintenance shed, three separate barns (equipment, brandy, hops), five 4,950-gallon water tanks, and three 250-gallon propane tanks; and to establish an agricultural operation that consists of livestock production, hop cultivation, production of vegetable crops, and viticulture including limited brandy production; located on agricultural land at 17990 Shoreline Highway, Marshall, Marin County. (LS-SF) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

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. Application No. 2-00-26 (North San Mateo County Sanitation District, Daly City) Application of North San Mateo County Sanitation District for permit for repair and maintenance of existing Vista Grande tunnel, outfall structure, and outfall pipe located on beach below Fort Funston in Daly City, San Mateo County. (RTA-SF) [APPROVED ITH CONDITIONS]

11.5 REVISED FINDINGS.

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 MODIFICATIONS]

ENFORCEMENT

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

CENTRAL COAST DISTRICT

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

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

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

a. City of Grover Beach LCP Amendment No. GRB-1-10 (Minor). Concurrence with the Executive Director's determination that proposed modifications to City of Grover Beach LCP, to eliminate the requirement for a General Development Plan in several zoning districts, and make changes to the use permit requirements for various uses in the commercial districts, are minor. (MC-SC) [APPROVED]

16. NOTICE OF IMPENDING DEVELOPMENT.

a. UCSC NOID-3 (Phase 1A Terrace Restoration). UCSC’s notice pursuant to the certified CLRDP that it intends to implement initial restoration and enhancement measures on the terrace portion of UCSC’s Marine Science Campus at Terrace Point as required by the CLRDP. (SC-SC) [APPROVED]

SOUTH CENTRAL COAST DISTRICT

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 Ventura office at (805) 585-1800.

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

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

a. City of Malibu LCP Amendment No. MAJ-1-10. 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: (1) add new definitions for categories of slopes in the LIP and to amend Site Plan Review requirements in the LIP for structures constructed on the different categories of slopes; and (2) modify Table B of the LIP to allow lighting of the main sports field at public high schools in the Institutional zone pursuant to a conditional use permit, City of Malibu, Los Angeles County. (DC-V) [Time Extension APPROVED]

20. LONG RANGE DEVELOPMENT PLAN.

[An addendum has been appended to the staff report for item 20a below on September 13.]

a. UCSB Notice of Impending Development No. 1-10 (Coal Oil Point Reserve Access Plan). Public hearing and action on Notice of Impending Development by the University of California, Santa Barbara for public access improvements and restoration including installation of 910 linear ft. of fencing, 60 linear ft. of roll-out boardwalk, revegetation, and approximately 4,700 cu. yds. of grading (2,350 cu. yds, of cut and 2,350 cu. yds. of fill). (ADB-V) [APPROVED]

21. 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. 4-09-066 (Borsten, Malibu) Application of Joan Borsten for slope repair consisting of approximately 1,792 cu. yds. of grading ( 896 cu. yds. cut, 893 cu. yds. of fill, and 3 cu. yds. of export); installation of drainage pipe and dissipation device, and request for after-the-fact approval of septic system located at 1752 Corral Canyon Road, Malibu, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

SOUTH COAST DISTRICT (Los Angeles County)

22. 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.

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

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

a. City Of Long Beach, Department Of Development Services LCP Amendment No. LOB-MAJ-01-10. Time Extension. Public hearing and action to extend time limit for Commission action up to one year for certification of City of Long Beach LCP Amendment No. 1-10. Amendment No. 1-10 would divide Subarea 1 of the Downtown Shoreline Planned Development District (PD-6) into Subareas 1 and 1a, expand the list of allowable land uses (to include office, residential, retail and hotel uses) and adopt development standards for Subarea 1a (including a 500-foot height limit), and incorporate the Golden Shore Master Plan into the certified LCP. The LCP amendment request affects both the Implementing Ordinances (LIP) and Land Use Plan (LUP) portions of the certified LCP. (CP-LB) [Time Extension APPROVED]

25. REVISED FINDINGS. See AGENDA CATEGORIES.

[Items 25a and 25b below share a single, combined staff report.]

a. Application No. 5-08-313 (City Of Los Angeles, Dept. of Transportation, Venice) Application of City of Los Angeles, Department of Transportation Revised Findings for denial of coastal development permit applications to establish Overnight Parking District (OPD) No. 523 with early morning parking restrictions, exempting vehicles with District No. 523 permits, at public streets throughout Venice, City of Los Angeles, Los Angeles. (CP-LB) [APPROVED]

b. Appeal No. A-5-VEN-08-343 (City Of Los Angeles, Dept. of Transportation, Los Angeles) Revised Findings for denial of coastal development permit applications to establish Overnight Parking District (OPD) No. 523 with early morning parking restrictions, exempting vehicles with District No. 523 permits, at Public streets throughout the Venice area., Venice, City of Los Angeles, Los Angeles County. (CP-LB) [APPROVED]

c. Appeal No. A-5-VEN-08-344 (City of Los Angeles, Dept. of Transportation, Los Angeles) Revised Findings for denial of coastal development permit application to establish Overnight Parking District (OPD) No. 526 with early morning parking restrictions, exempting vehicles with District No. 526 permits, at Public streets in the Villa Marina area, City of Los Angeles, Los Angeles County. (CP-LB) [APPROVED]

SOUTH COAST DISTRICT (Orange County)

26. 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.

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

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

a. City of Newport Beach LCP Amendment No. NPB-MAJ-1-10 (Time Extension). Public hearing and action to extend 90-day time limit for action on City of Newport Beach LUP Amendment No. 1-10 pertaining to changing the LUP designation of a site composed of six (6) legal lots from PR (Parks and Recreation) to RSD-B (Sinlge-Unit Residential Detached), Newport Beach, Orange County.(FSY-LB) [Time Extension APPROVED]

29. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 29a below on September 13.]

a. Appeal No. A-5-LGB-10-174 (Laguna Terrace Park, Laguna Beach) Appeal by Sierra Club Save Hobo Aliso Task Force, Paul R. Esslinger & Coastal Commissioners, Patrick Kruer & Sara Wan from decision of City of Laguna Beach granting coastal development permit 10-26 with conditions to Laguna Terrace Park to subdivide the Laguna Terrace Mobilehome Park into 157 individual lots for residences, a lot that includes existing private streets and common areas, and a remainder lot, at 30802 South Coast Highway, Laguna Beach, Orange County. (KFS-LB) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

30. 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. 5-10-032 (Evensen, Newport Beach) Application of Mr. & Mrs. Christian Evensen to demolish existing 2-1/2-level single family home at top of coastal bluff and demolish detached 1-story 3-car garage at toe of bluff and construct new 4,733 sq. ft., four-story single family home connected via tunnel and elevator to 2,181 sq.ft., 2-story structure with 3-car garage and second floor recreation room, all of which will span entire bluff face. Grading will consist of 2,052 cu.yds of cut and export to location outside of Coastal Zone, at 3225 Ocean Boulevard, City of Newport Beach, Orange County. (FSY-LB) [POSTPONED]

SAN DIEGO COAST DISTRICT

31. 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.

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

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. Witter et al.  Govt. Code § 11126(e)(2)(A).
Catanzarite v. City of Newport Beach, CCC  Govt. Code § 11126(e)(2)(A).
Hines v. CCC et al. (Star, RPI)  Govt. Code § 11126(e)(2)(A).
Laguna Terrace Park, LLC v. CCC  Govt. Code § 11126(e)(2)(A).
Save the Park v. CCC (Colmer, RPI)  Govt. Code § 11126(e)(2)(A).
Sterling v. CCC  Govt. Code § 11126(e)(2)(A).
Strother et al. v. CCC (Alvarez et al. RPI) Govt. Code § 11126(e)(2)(A).

The Commission is authorized to discuss these matters in a closed session pursuant to Government Code Sections 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code Section 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).

33. APPROVAL OF MINUTES. [APPROVED]

34. COMMISSIONERS' REPORTS.

35. CONSERVANCY REPORT.

36. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

37. DEPUTY ATTORNEY GENERAL'S REPORT.

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

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

39. COMMISSION FIELD TRIP. The Commission will take a field trip to view three project sites including: (1) the Marina Center project site off of Waterfront Drive in Eureka which is the subject of (a) a possible future LCP amendment to re-designate and rezone the 43-acre site to accommodate a commercial and residential mixed use development and (b) a current appeal of a permit granted for implementation of an interim remedial action plan to control runoff from contaminated areas and the creation of a wetland reserve; (2) property on Humboldt Hill south of Eureka which is the subject of an LCP amendment to allow a road connection between Humboldt Hill Road and Tompkins Hill Road; and (3) the Town of Samoa on the Samoa Peninsula west of Humboldt Bay which is the subject of an LCP amendment to re-designate and rezone the industrial designation of the 173-acre town to a mix of residential, commercial, open space, natural resources and business park uses and extend the urban limit line. Members of the public may follow in their private vehicles. For more information please call the Commission’s North Coast office at (707) 445-7833.

 

9:00 a.m.

THURSDAY, SEPTEMBER 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.

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. [APPROVED WITH CONDITIONS]

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

a. City of Crescent City LCP Amendment No. CRC-MAJ-1-3 (LCP update). Public hearing and action on request by City of Crescent City for comprehensive update of its certified land use plan and implementation plan. (JB-E) [TO CONTINUE]

b. Humboldt County LCP Amendment No. HUM-MAJ-3-9 (Race Investments). Certification Review. Concurrence with the Executive Director’s determination that the resolutions and ordinances adopted by Humboldt County accepting certification of HUM-MAJ-3-9 (Race Investments) are legally adequate. The amendment involves changing the zoning designation of approximately 45 acres of land east of Eureka approximately one mile south of the intersection of Mitchell Road and Myrtle Avenue from a Commercial Timber (CT) designation to a Timber Production Zone (TPZ) designation. (MBK-E) [APPROVED]

7. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-1-DNC-10-27 (Babich, Del Norte Co.) Appeal by Friends of Del Norte from decision of County of Del Norte granting permit with conditions to Henry Babich for Coastal Development Permit for a 4,608-sq.ft. storage building, at 200 Standard Veneer Road, one mile north of Crescent City, Del Norte County. (RSM-E) [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.

a. Application No. 1-10-14 (Dias, Humboldt Co.) Application of Ronald A. & Gayla S. Dias to divide an approximately 24-acre parcel into 7 lots ranging in size from 1.83 to 4.48 acres. The majority of land division and other development are located within coastal permitting jurisdiction of Humboldt County, with only approximately 0.6 acres within retained permit jurisdiction of Coastal Commission. The site is located at 3127 Mitchell Height Drive (approximately one mile east of Eureka), Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 1-10-17 (City of Eureka & Bureau of Land Management, Humboldt Co.) Application of City of Eureka & Bureau of Land Management for continued OHV use, maintenance of trails, signs, and barriers, removal of invasive non-native plants, and monitoring of plants, animals, and use on 80-acre parcel west of New Navy Base Road, on North Spit, Samoa Peninsula, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]

9. 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. 1-07-41-A (Humboldt County Department of Public Works, Humboldt Co.) Request by Humboldt County Department of Public Works to modify permit granted to remove accumulated sediment beneath road bridge for flood control purposes to add fish relocation and stream diversion activities to project scope to allow for sediment removal from within wetted stream channel. The development is located within County right-of-way beneath Jacoby Creek Bridge at Post Mile 7.5 on Old Arcata Road, approximately 400 ft. north of Graham Road, on outskirts of Arcata, Humboldt County. (MBK-E )  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

Future Meetings: The next meetings of the Coastal Commission are October 13-15, 2010 in Oceanside and November 17-19, 2010 in Los Angeles/Orange County.