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September 2011 Agenda
Elk Valley Rancheria
2332 Howland Hill Road
Crescent City, CA 95531
(707) 338-1227
The phone number will only be in service during the meeting.
This has been updated at 9:15 a.m., Friday, September 9, 2011.
COMMISSION FIELD TRIP
COMMISSION FIELD TRIP. The Commission will take a field trip starting at 9:00 on Wednesday, September 7, 2011 to view areas of the coastal zone between the southern end of Del Norte County and Crescent City. The field trip will end in time for the Commission to convene its regular agenda at the Elk Valley Rancheria at 1:00 PM. The field trip will commence from the parking lot of the Elk Valley Rancheria at 2332 Howland Hill Road. Stops will be made at the Klamath River Bridge at Highway 101, the mouth of the Klamath River near Requa off of Patrick J. Murphy Memorial Drive, Wilson Creek at Highway 101 in Redwood National Park, and at the Stout Grove in Jedediah Smith State Park off of Howland Hill Road. Members of the public may follow in their private vehicles and join the Commission at designated stops. The final itinerary may change. For more information, please call the Commission’s North Coast District office in Eureka at (707) 445-7833
1:00 P.M
WEDNESDAY, September 7, 2011
1. CALL TO ORDER.
2. ROLL CALL.
3. GENERAL PUBLIC COMMENT. Public comments will be heard at 1:00 pm for items not on the agenda, for no more than 30 minutes.
Closed Session
4. DISCUSSION OF SELECTION PROCESS AND APPOINTMENT OF EXECUTIVE DIRECTOR. At a convenient time during any day(s) of the meeting, the Commission may hold a closed session pursuant to Government Code 11126(a)(1) to discuss and take possible action on the appointment of an Executive Director.
SOUTH COAST DISTRICT (Los Angeles County]
5. CONSENT CALENDAR See AGENDA CATEGORIES.
a. Application No. 5-11-95 (Pollack, Pacific Palisades) Application of Mark E. Pollack to demolish 2-story 617 sq.ft. accessory building and construct 1,306 sq.ft., 1-story plus basement guest house, at 831 N. Paseo Miramar, Pacific Palisades, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]
SOUTH COAST DISTRICT (Orange County)
6. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.
a. Application No. 5-11-139 (Dave Janes / Donna Davis, Newport Beach) Application of Dave Janes / Donna Davis to remove “U” shaped 630 sq.ft. boat dock and 3, 14” concrete piles and replace with new 10’ x 45.5’ (456 sq. feet) single finger dock with 4 new 16” concrete piles. The existing pier and gangway will remain. The dock system will be composed of Douglas fir and Trex decking, at 121 Harbor Island, Newport Beach, Orange County. (FSY-LB) [APPROVED]
7. CONSENT CALENDAR. See AGENDA CATEGORIES.
a. Application No. 5-11-126 (San Clemente Inn Vacation Plan Owners Assc., San Clemente) Application of San Clemente Inn Vacation Plan Owners Assc. to construct two below grade drilled pier retaining walls (128’ long around Building One and 178’ long around Building Two) with reinforced shotcrete mat and placement of underpinning piles beneath foundation of two existing time-share units buildings; new exterior concrete slab with surface drainage improvements and slope re-vegetation plan, at 2600 Avenida Del Presidente, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]
SAN DIEGO DISTRICT
8. CONSENT CALENDAR. See AGENDA CATEGORIES.
a. Application No. 6-11-12 (Mewbourne, San Diego) Application of Mark & Beverly Mewbourne to demolish 1,297 sq.ft., 2-story, single family home with attached 1-car garage and construct 1,356 sq.ft., 3-story, single family home with attached 308 sq.ft. garage on 1,333 sq.ft. lot, at 711 Venice Ct., MissionBeach, San Diego, San Diego County. (ES-SD) [APPROVED WITH CONDITIONS]
b. Application No. 6-11-50 (Lik, San Diego) Application of Peter Lik to demolish single-family residential building and construct 3-story, 30-ft. high, 1,446 sq.ft. home on a 1,332 sq.ft. lot, at 712 San Jose Place, Mission Beach, San Diego, San Diego County. (MA-SD) [APPROVED WITH CONDITIONS]
ENFORCEMENT
9. ENFORCEMENT REPORT. Report by Chief of Enforcement on Statewide Enforcement Program. (LAH-SF)
SOUTH COAST DISTRICT (Orange County)
10. DEPUTY DIRECTOR’S REPORT FOR ORANGE COUNTY. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's Long Beach office at (562) 590-5071.
a. City of Newport Beach LCP Amendment No. NPB-MAJ-1-10. Certification Review. Concurrence with Executive Director's determination that action by City of Newport Beach, accepting certification of NPB-MAJ-1-10 with modifications, is legally adequate. (FSY-LB)
11. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
12. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.
a. City of Laguna Beach LCP Amendment No. LGB-MAJ-2-11. Time Extension. Public hearing and action on extension of time limit to act on request by City of Laguna Beach to modify City's 'hedge height' claim process, establish regulations for group homes/residential care facilities, add two-family dwellings as allowed uses in R3 zones, allow second residential units without CUP in R1 and R/HP zones, change various definitions of terms, deletes 'short term lodging' as an allowed use in the SLV zone, changes provisions related to use of off-site parking spaces to satisfy parking requirements, establishes parking space standards for compact parking stalls, motorcycle and bicycle spaces & allows provision of spaces for bicycles and motorcycles to count toward a portion of the parking requirement. (KFS-LB) [Time Extension APPROVED]
13. 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. 5-10-220 (City of Seal Beach) Application of City of Seal Beach to improve the River’s End Staging Area (RESA) consisting of landscape improvements, new/renovated sidewalks, new asphalt paving, signage, lighting, picnic bench facilities, and series of low seat walls to block wind blown sand from reaching the RESA. Improvements to San Gabriel River Trail consists of trail resurfacing, striping, signage, fencing, landscaping and irrigation, at River's End Staging Area at The Terminus of First St. & Ocean Ave, and trail along San Gabriel River, Seal Beach, Orange County & Long Beach, Los Angeles County. (FSY-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
SAN DIEGO DISTRICT
14. DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's San Diego office at (619) 767-2370. [APPROVED]
15. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
16. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.
a. City of Oceanside LCP Amendment No. 2-10 (Telecommunication Facilities). Time Extension. Public hearing and action to extend the 60-day time limit for Commission action on request by the City of Oceanside to amend it’s certified Implementation Plan city-wide to repeal existing Section 3025 (Antennas and Microwave Equipment), and replace with two new Articles 39 (Wireless Communications Facility, Satellite Dish and Antenna Standards) & 39A (Amateur Radio Antenna and Support Structure Standards) addressing the regulation of wireless communications facilities, satellite dishes, and antennas. (TR-SD) [Time Extension APPROVED]
b. City of Carlsbad LCP Amendment No. 1-10A (Muroya). Public hearing and action on request by the City of Carlsbad to amend its LCP to revise both the Land Use and Implementation Plans to change the land use designation, in part, from Residential Low-Medium (RLM) to Residential Medium Density (RM) and Open Space (OS) and to change the zoning designation, in part, from Limited Control (L-C) to Residential Density – Multiple (RD-M), Open Space (OS) and Single Family Residential on a 20.27 acre lot containing sensitive habitat located on the west side of Black Rail Road, south of Corte Orchidia, in Carlsbad. (TR-SD) [POSTPONED]
c. City of Encinitas LCP Amendment No. 1-11A (Historic Viewsheds) and B (Downtown Encinitas Specific Plan On-street Parking) Time Extension. Public hearing and action to extend the 60-day time limit for Commission action on request by the City of Encinitas to amend its certified implementation plan to allow the creation of historic viewsheds within scenic overlay areas and modify on-street parking options within the Downtown Encinitas Specific Plan. (ES-SD) [Time Extension APPROVED]
d. City of San Diego LCP Amendment No. 1-11 (Gables Carmel Valley) Time Extension. Public hearing and action to extend the 90-day time limit for Commission action on request by the City of San Diego to amend the Carmel Valley Neighborhood 8 Land Use Plan and redesignate portion of site from Open Space to Low-Medium Density Residential (15-29 dua) and also rezone 3.43 acres of same site from CVPD-MF1 to CVPD-MF3 for parcel located at the southeast corner of Carmel Creek Road and Tang Drive. (DNL-SD) [Time Extension APPROVED]
16.3. PERMIT AMENDMENTS. See AGENDA CATEGORIES.
a. Permit No. 6-04-88-A10 (Southern California Edison (SCE) & San Dieguito River Park Joint Powers Authority (JPA), Del Mar & San Diego) Request by the JPA to amend Special Condition Nos. 6 and 8 of permit for restoration of San Dieguito Lagoon. Project proposes to modify the location of wetland mitigation required as mitigation for impacts associated with the Coast to Crest Trail and Freshwater Treatment Ponds. The amendment also proposes the addition of the Mesa Loop Trail to the Coastal Development Permit and Final Restoration Plan (FRP), located within western end of San Dieguito River Valley between El Camino Real and Pacific Ocean, Del Mar and San Diego, San Diego County. (GB-SD) [APPROVED WITH CONDITIONS]
16.5. DISPUTE RESOLUTION. See AGENDA CATEGORIES.
[An addendum has been appended to the staff report for item 16.5a below on September 2.]
a. Dispute Resolution No. 6-11-67-EDD (Protea Flower Hill Mall LLC, San Diego) Public hearing and Commission determination on dispute over CDP jurisdiction for 3 separate permit actions by the City of San Diego at commercial development (Flower Hill Promenade) for the demolition of a 14,000 sq.ft. theater and construction of approximately 74,995 sq.ft. building for commercial, office, and storage and a 82,739 sq.ft. parking structure; the expansion of a 2,500 sq.ft. restaurant from single level to multi-level, including outside dining area; and a tentative map waiver to create two parcels from one existing 15.14 ac. site, at 2610, 2690 & 2720 Via de la Valle, San Diego, San Diego County. (LJM-SD) [Executive Director's Determination REJECTED]
SOUTH COAST DISTRICT (Los Angeles County)
17. DEPUTY DIRECTOR’S REPORT FOR LOS ANGELES COUNTY. 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]
18. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
19. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.
a. City of Manhattan Beach LCP Amendment No. MNB-MAJ-1-11. (Sustainable Development Standards). Time Extension. Public hearing and action on extension of time limit to act on request by City of Manhattan Beach to amend the Implementing Ordinances (LIP) portion of the certified LCP in order to include new regulations which address sustainable development (e.g., water efficient landscaping, green roofs and decks, and renewable energy). (CP-LB)
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.
a. Permit No. 5-09-71-A (City of Long Beach Colorado Lagoon Restoration Project) Request by City of Long Beachto increase the amount of dredging for the Colorado Lagoon restoration project, from 32,500 cu.yds. to 72,000 cu.yds., at 5119 E. Colorado Street (Colorado Lagoon), Long Beach, Los Angeles County. (CP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
SOUTH CENTRAL COAST 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 Ventura office at (805) 585-1800. [APPROVED]
22. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
23. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.
a. City of Malibu LCP Amendment No. MAJ-1-11. 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]
24. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES. Attention: Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.
[An addendum has been appended to the staff report for item 24a below on September 1.]
a. Application No. 4-10-051 (Harbour Island Condominium Owners Association, Oxnard) Application of Harbour Island Condominium Owners Association to extend existing 18-slip public boat dock to an additional 185 feet, consisting of 6 slips, measuring 20 feet wide by 38 feet deep each, capable of mooring two boats in each slip, located in Channel Islands Harbor, Oxnard, Ventura County. (DC-V) [APPROVED WITH CONDITIONS]
b. Application No. 4-10-070 (Elliott, Los Angeles Co.) Application of Tom Elliott to construct 29-ft. high, 3,854 sq.ft. single-family home with 1,543 sq.ft. attached garage, swimming pool, fencing, septic system, 5,000 gallon water tank, driveway, and 5,415 cu.yds. grading (1,797 cu.yds. cut; 3,618 cu.yds. fill), at 1522 Decker Canyon Roadin the Santa Monica Mountains, Los Angeles County. (DC-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
STATEWIDE
At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including:
Ackerberg et al. v. CCC (Access for All et al., RPI), Govt. Code, section 11126(e)(2)(A)
Citizens Against Flower Hill’s Excessive Expansion v. City of San Diego, (Protea Holdings LLC et al., RPI), Govt Code 11126(e)(2)(B)
Citizens for a Better Eureka v. CCC, Govt. Code, section 11126(e)(2)(A)
City of Dana Point v. CCC (Headlands Reserve LLC, RPI), Govt. Code, section 11126(e)(2)(A)
City of Oxnard et al. v. CCC (So. California Edison, RPI), Govt. Code, section 11126(e)(2)(A)
Fiery et al. v. Cal. Dept. of Fish & Game et al., Govt. Code, section 11126(e)(2)(A)
Harrington et al. v. CCC, Govt. Code, section 11126(e)(2)(A)
Hubbard et al. v. CCC (Malibu Valley Farms, RPI), Govt. Code, section 11126(e)(2)(A)
Lunch Properties LLLP v. CCC, Govt. Code, section 11126(e)(2)(A)
Mulryan Properties LLLP v. CCC, Govt. Code, section 11126(e)(2)(A)
Ronan Properties LLLP v. CCC, Govt. Code, section 11126(e)(2)(A)
Vera Properties LLLP v. CCC, Govt. Code, section 11126(e)(2)(A)
Mariposa Land Co., Ltd. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Norberg v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Norris et al. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Ross v. CCC et al. (Malibu Bay Co., RPI), Govt. Code, section 11126(e)(2)(A)
SDS Family Trust v. CCC, Govt. Code, section 11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California, Govt. Code, section 11126(e)(2)(A)
Smith et al. v. Cal. Dept. of Fish & Game et al., Govt. Code, section 11126(e)(2)(A)
Sterling v. CCC, Govt. Code, section 11126(e)(2)(A)
Surfrider Foundation v. City of Dana Point (Headlands Reserve LLC, RPI), Govt. Code, section 11126(e)(2)(A)
Third District Parkland, LLC. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
T-Mobile West Corp. v. CCC, Govt. Code, section 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).
25. APPROVAL OF MINUTES. [APPROVED]
26. COMMISSIONERS' REPORTS.
27. CONSERVANCY REPORT.
28. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.
29. DEPUTY ATTORNEY GENERAL'S REPORT.
30. EXECUTIVE DIRECTOR’S REPORT including reports 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]
b. Briefing on status of Coastal Commission’s budget. (SMH-SF)
c. Audio and Video Streaming Services Contract for Commission Meetings. Commission authorization for Executive Director to enter into a contract for audio-visual services and web streaming broadcast of Commission meetings. (SH-SF) [APPROVED]
31. Discussion of Appointment of Executive Director. At a convenient time during any day(s) of the meeting, the Commission may discuss and take possible action on the appointment of an Executive Director.
8:00 a.m.
THURSDAY, SEPTEMBER 8, 2011
1. CALL TO ORDER.
2. ROLL CALL.
3. GENERAL PUBLIC COMMENT. Public comments will be heard at 8:00 am for items not on the agenda, for no more than 30 minutes. For those unable to attend the early comment period, there will be a second comment period prior to the lunch break.
NORTH CENTRAL 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 San Francisco office at (415) 904-5260. [APPROVED]
5. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
5.5. NEW APPEALS. See AGENDA CATEGORIES.
[An addendum has been appended to the staff report for item 5,5a below on September 7.]
a. Appeal No. A-2-SON-10-023 (Kelham & Kelham Investments LLC, Sonoma Co.) Appeal by Commissioners Wan and Blank, and Bodega Bay Concerned Citizens, et al., from decision of County of Sonoma granting permit to William Kelham & Kelham Investments LLC for construction of new 2,514 sq.ft. single-family home,1,216 sq.ft. garage, driveway, and 840 sq.ft. second dwelling unit on vacant 9.96 acre parcel, at 1835 Bay Flat Rd., Bodega Bay, Sonoma County. (RP-SF) [SUBSTANTIAL ISSUE FOUND, APPROVED WITH CONDITIONS at de novo Hearing]
6. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES. Attention: Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.
[An addendum has been appended to the staff report for item 6a below on September 7.]
a. Application No. 2-11-011 (Caltrans, Marin) Application of Caltrans to install 115-feet of new rock slope protection, along Highway 1 between post miles 37.09 and 37.10, adjacent to the Tomales Bay, near Marshall, Marin County. (RF-SF) [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.[APPROVED WITH CONDITIONS]
8. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
9. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.
a. LCP Amendment No. HUM-MAJ-1-08 (Samoa). Time Extension. Public hearing and Commission action to extend time limit for action by Countyof Humboldtto accept Commission certification of LCP Amendment No. HUM-MAJ-1-08 (Samoa) with suggested modifications. (RSM-E) [Time Extension APPROVED]
[An addendum has been appended to the staff report for item 9b below on September 7.]
b. Arcata LCP Amendment No. ARC-MAJ-1-09 (LCP Update). Public hearing and action on request by the City of Arcatafor a Comprehensive update of the City of Arcata's certified land use plan and implementation plan. (JB-E) [APPROVED WITH MODIFICATIONS]
10. 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 10a below on September 7.]
a. Permit No. A-1-FTB-05-53-A9 (Georgia-Pacific Corporation, Fort Bragg) Request by Georgia-Pacific Corporation to modify permit granted for removal of former mill buildings foundations, interim remediation of contaminated soil and construction of consolidation cell for containing dioxin-impacted soil, to authorize removal of consolidation cell by (1) removal of 13,850 cu.yds. of contaminated soils, waste, and debris for off-site disposal at licensed landfills and (2) backfilling the excavated area with clean fill materials at 90 West Redwood Avenue(former Georgia-Pacific California Wood Products Manufacturing Facility), Fort Bragg, Mendocino County. (RSM-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
COMMISSION FIELD TRIP
COMMISSION FIELD TRIP. The Commission will take a field trip at the conclusion of the meeting on Thursday, September 8, 2011 to view areas of the coastal zone between Crescent City and the northern end of Del Norte County. Stops will be made at (1) the Crescent City Marsh along U.S. Highway 101 at the southern end of Crescent City; (2) the Crescent City Inner Harbor off of Citizen’s Dock Road Way, where harbor dredging and repairs are proposed to reopen the harbor to commercial fishing vessels after damage from the March, 2011 tsunami; (3) McNamara Field off of Dale Rupert Road where runway safety areas are proposed to be added to the ends of the commercial airport runways; (4) Lake Earl and the Pacific Shores Subdivision off of Lower Lake Drive, and Kellogg Avenue; and (5) the mouth of the Smith River off of Mouth of Smith River Road. Members of the public may follow in their private vehicles. The final itinerary may change. The Commission will reconvene at 8:00 AM Friday September 9, 2011. For more information, please call the Commission’s North Coast District office in Eureka at (707) 445-7833.
RECEPTION
RECEPTION. At the conclusion of the Commission field trip on Thursday September 8, or at 6:00 p.m., whichever is later, the Commission will attend a reception hosted by the Elk Valley Rancheria at the Rancheria. Members of the public are welcome to join the Commission; however, because space is limited, attendance will be allowed on a first come/first served basis. There will be a cost for the reception. If you wish to attend or want more information, please call the Commission’s North Coast District office in Eureka at (707) 445-7833.
8:00 a.m.
FRIDAY, SEPTEMBER 9, 2011
1. CALL TO ORDER.
2. ROLL CALL.
3. GENERAL PUBLIC COMMENT. Public comments will be heard at the beginning of the agenda, only if time permits and/or at the end of the day’s agenda.
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, 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. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
6. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES. Attention: Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.
[Addenda have been appended to the staff reports for items 6a and 6b below on September 7.]
a. Application No. E-11-003 (Ellwood Pipeline, Inc., Goleta) Application by Ellwood Pipeline, Inc. to install 595-ft. long segment of 6-in. diameter oil pipeline (Line 96) using horizontal directional drilling (HDD) under Highway 101 and install approximately 11 feet by 9 feet by 8 feet deep vault box with pipeline “pig” launcher in right-of-way next to Ellwood oil and gas processing facility, in Goleta, Santa Barbara County. (AD-SF) [APPROVED WITH CONDITIONS]
b. Application No. E-11-018 (PG&E, Humboldt Co.) Application of Pacific Gas & Electric Company (PG&E) to construct and operate Class B and C Waste Storage Facility for storing low-level radioactive wastes to allow decommissioning of Humboldt Bay Power Plant, near King Salmon, Humboldt County. (TL-SF) [APPROVED WITH CONDITIONS]
7. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.
a. CD-029-11 (Army Corps, San Clemente) Consistency determination by U.S Army Corps of Engineers for San Clemente Shoreline Protection Project, 50-Year Beach nourishment program for San Clemente Beach, consisting of initial nourishment on beach in 2012 of approximately 251,000 cu.yds. of sand dredged from offshore Del Mar Boat Basin, and beach disposal in 3,412 ft. long area centered around San Clemente Pier, San Clemente, Orange County. (MPD-SF) [POSTPONED]
b. CD-035-11 (National Oceanic and Atmospheric Administration, San Diego Co.) Consistency determination by NOAA to demolish 3 buildings, seismic retrofit of 1 building, site restoration activities, and construct public scenic overlook, at Southwest Fisheries Science Center in La Jolla, San Diego County. (LJS-SF) [POSTPONED]
CENTRAL COAST DISTRICT
8. DEPUTY DIRECTOR’S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission’s Santa Cruz office at (831) 427-4863. [APPROVED]
9. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
10. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.
a. San Luis Obispo County LCP Amendment No. SLO-1-10 (Grading and Stormwater Management). Time Extension. Public hearing and action on extension of time limit to act on request by San Luis ObispoCountyto modify LCP grading and stormwater management standards. (MC-SC) [Time Extension APPROVED]
11. NEW APPEALS. See AGENDA CATEGORIES.
[Additional correspondence received has been appended
to the staff report for item 11a below on September 6.]
a. Appeal No. A-3-SLO-11-055 (Kellaway, San Luis Obispo Co.) Appeal by Commissioners Stone & Brennan of San Luis ObispoCountydecision granting permit with conditions to Tom Kellaway to construct a 2-story, 11,412 sq.ft. single family home with attached 968 sq.ft. garage, on Sea Horse Lane, Estero planning area, Los Osos, San Luis Obispo County. (JB-SC) [SUBSTANTIAL ISSUE FOUND, TO CONTINUE]
12. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES. Attention: Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.
a. Application No. 3-09-029 (Rusconi, Santa Cruz) Application of Bill Rusconi to recognize a 62-ft. long sculpted concrete seawall (previously permitted through emergency CDP 3-09-017-G) and to make minor blufftop improvements (for residential and beach access) on bluffs fronting 105 Seabright Avenue at Seabright unit of Twin Lakes State Beach, Santa Cruz, Santa Cruz County. (DR-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
[Items 12b and c below share a single, combined staff report.]
b. Application No. 3-11-054 (California State Parks, Capitola). Application of California State Parks to replace the existing beach area restroom and install new prefabricated concrete comfort station just north of existing facility in back beach area of New Brighton State Beach, Capitola, Santa Cruz County. (DR-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
c. Application No. 3-11-056 (Santa Cruz County Sanitation District, Aptos Transmission Line Removal) Application of Santa Cruz County Sanitation District to remove 2 storage tanks and sewer pipeline under beach sand, and to construct new wet well and associated infrastructure for State Parks new comfort station on and near New Brighton State Beach, Aptos, Santa Cruz County. (DR-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
Future Meetings: The next meetings of the Coastal Commission are are October 5-7, in Huntington Beach and November 2-4, in Oceanside.