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October 2005 Agenda

Marriott San Diego Hotel & Marina
333 West Harbor Drive
San Diego,
CA 92101
(619) 234-1500

This has been updated at 2:00 p.m., Thursday, February 12, 2015.

9:00 A.M.

WEDNESDAY, OCTOBER 12, 2005

1. CALL TO ORDER.

2. ROLL CALL.

SAN DIEGO COAST DISTRICT

See video proceedings
of the our meeting from April 14 including the Workshop on LNG Hazards and Safety Implications as well as January meeting items 1-6
including LNG Status Report
filmed and presented by SLO-SPAN.

3. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-05-77 (Garfield Beach Walk, Carlsbad) Application of Garfield Beach Walk, LLC, Patrick Kellett, Gregg Dileo & Cyril F. Kellett to divide .17 acre lot into two lots, demolish two homes, and construct two 2-story single-family homes (2,526 & 2,671 sq.ft.), at 3955 Garfield Street, Agua Hedionda, Carlsbad, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-05-78 (SDG&E, Chula Vista) Application of San Diego Gas & Electric to install anchors for three power poles in Sweetwater National Wildlife Refuge, near intersection of Bay Blvd & D Street, Chula Vista, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-05-82 (SD Co. Airport Auth., San Diego) Application of San Diego County Regional Airport Authority to upgrade instrument approach for aircraft including removal & reinstallation of electronics and antenna on east & west ends of main runway, and install Engineered Material Arresting System, crushable material to stop aircraft that have overrun runway, at west end of runway, at San Diego International Airport, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

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 Diego office at (619) 767-2370.

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

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

a. Carlsbad LCP Amendment No. 1-05B (Kelly Corporate Center). Public hearing and action on request by City of Carlsbad to amend its certified Land Use Plan to redesignate 9.5 acres within Kelly Corporate Center from Residential Medium Density (RM) and Planned Industrial (PI) to Open Space and to rezone same area from Residential Density-Multiple (RD-M-Q), Residential Single Family (R-1-Q) and Planned Industrial (PM) to Open Space on site on south side of Palomar Airport Road, east and west of Hidden Valley Road in Carlsbad. (BP-SD) [APPROVED]

b. Encinitas LCP Amendment No. 2-05 (Vacation Rentals) . Public hearing and action on request by city of Encinitas to amend certified Implementation Plan to change various ordinances to prohibit short-term vacation rentals in all residential zones. (GC-SD) [TO CONTINUE]

7. NEW APPEAL. See AGENDA CATEGORIES.

a. Appeal No. A-6-05-89 (202 Coast, San Diego) Appeal by Commissioners Kruer & Wan from decision of City of San Diego granting permit with conditions to 202 Coast, LLC to rehabilitate 77-ft-long 13-ft-high seawall and construct return wall, on 21,115 sq.ft. oceanfront site, at 202 Coast Blvd., La Jolla, San Diego, San Diego County. (LRO-SD) [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. 6-05-24 (Reff, San Diego) Application of Miyo & Mitchell Reff to demolish 2 homes and construct 4,822 sq.ft. duplex, on 4,322 sq.ft. site, at 706 Manhattan Court, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

b.Application No. 6-05-41 (Liberty Station, San Diego) Application of Liberty Station Huntington Hospitalities Group Hotel, L.P. and McMillin NTC, LLC to construct hotel complex (60-ft-high 200-room 137,160 sq.ft. visitors hotel, 54-ft-high 150-room 123,865 sq.ft. extended stay hotel, 12,000 sq.ft. of restaurants & 12,000 sq.ft. of retail buildings); adapt Building 623 for conference center; construct 60-ft-high tower next to Building 623; adjust lot line with no change in number of lots; construct traffic improvements including new traffic signals at intersections of Laning & Cushing Road and at Rosecrans Street & Farragut Road/Voltaire Street; and construct shoreline public esplanade; at former Naval Training Center, north of Harbor Blvd, east of Laning Road, Peninsula, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-05-54 (Lewak, Carlsbad) Application of Jerzy & Yolanta Lewak to construct 4,444 sq.ft. 3-story condominium duplex, on 4,680 sq.ft. waterfront lot, at 4547 Cove Drive, Agua Hedionda, Carlsbad, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

d. Appeal No. A-6-05-71 (Fargo, San Diego) Application of Victor Fargo to construct pool & spa on steep hillside in rear yard of single-family home, at 2610 Inyaha Lane, La Jolla, San Diego, San Diego County. (LJM-SD) [POSTPONED]

e. Application No. 6-05-72 (Las Brisas, Solana Beach) Application of Las Brisas Homeowners Association to construct 35-ft-high 120-ft-long colored & textured tiedback seawall on public beach, at 135 South Sierra Avenue, Solana Beach, San Diego County. (GC-SD) [APPROVED WITH CONDITIONS]

The staff report for item 8f below is linked internally to exhibits to which you may also go from the links below:

f. Application No. 6-04-88 (SCE & San Dieguito River Park JPA, Del Mar & San Diego) Application of Southern California Edison (SCE) & San Dieguito River Park Joint Powers Authority (JPA) to implement San Dieguito Wetland Restoration Plan (including inlet dredging, creation of 115 acres of wetland habitat, least tern nesting islands, treatment ponds, berms, pedestrian trails at inlet and weir, with upland & beach disposal of dredge spoils, and maintenance & monitoring program) and construct part of Coast to Crest Trail as mitigation to fulfill condition of permit for SONGS power plant operation, at west end of San Dieguito River Valley from El Camino Real to Pacific Ocean, with part of trail from east of San Andres Drive to Jimmy Durante Blvd., Del Mar and San Diego, San Diego County. (EL-SD) [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. 6-81-330-A4 (SONGS, Southern California Edison, San Diego Co.). Request by Southern California Edison to modify Standard 1.3.h of Condition A of SONGS permit to allow conversion of wetland habitat to upland area as part of the proposed San Dieguito Wetlands Restoration Project (see Application No. 6-04-88). (SMH & JJL-SF) [APPROVED WITH CONDITIONS]

b. Permit No. 6-84-525-A (22nd Ag. Dist., Del Mar & San Diego) Request to amend permit for infield pedestrian tunnel at Fairgrounds racetrack and interim parking on South Overflow Lot, to delete reference to Memorandum of Agreement (MOA) with California Department of Fish & Game, and replace it with construction of 11.3 acres of least tern nesting habitat as part of San Dieguito Wetland Restoration Plan with maintenance and monitoring and to apply conservation easement over 8-acre lot known as W6B, Del Mar and North City, San Diego, San Diego County. (EL-SD)  [APPROVED WITH CONDITIONS]

c. Permit No. A-6-02-68-A2 (Sunset View, San Diego) Request by Sunset View Properties LLC to amend permit for home to change design (windows, doors and elevations), construct 2,000 sq.ft. basement and decrease floor area by 671 sq.ft. within same building footprint on blufftop site, at 5490 Calumet Avenue, La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

d. Permit No. A-6-04-24-A (Del Mar parking meters) Request by City of Del Mar to amend permit for installation of pay and display parking machines to allow meters to remain permanently, on west side of Camino del Mar, just north of Carmel Valley Road intersection, Del Mar, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS]

10. FINDINGS. See AGENDA CATEGORIES.

a. Application No. 6-05-40 (Solana Beach parking lots) City of Solana Beach granted permit with conditions to demolish 60 parking spaces in 93-space public beach asphalt parking lot (Fletcher Cove Beach Park) and replace them with grass or sand covered park and construct 74-space parking lot, at 140 South Sierra Avenue and Fletcher Cove Beach Park, west end of Plaza Street, Solana Beach, San Diego, San Diego County. (GC-SD) [Findings APPROVED]

ENERGY, OCEAN RESOURCES and WATER QUALITY

11. 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. (ALW-SF)

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

13. COASTAL PERMIT APPLICATION. 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. E-05-10 (Plains Exploration & Arguello, Santa Barbara Co.) Application of Plains Exploration Company/Arguello, Inc. to install riprap spill apron, using 1,200 tons of rock riprap, to prevent scour and dissipate energy as part of flood-control project at mouth of Alcatraz Creek, Gaviota Terminal, 16899 Highway 101, Goleta, Santa Barbara County. (ALM-SF) [APPROVED WITH CONDITIONS]

14. PERMIT AMENDMENT. 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. E-02-24-A (State Lands Commission, Santa Barbara Co.) Request by State Lands Commission to amend permit for beach hazard removal project to allow removal of abandoned caissons and steel piles from one additional site on Goleta Beach, Santa Barbara County. (TL-SF) [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:

Harrison et al. v. CCC et al. (Govt. Code §11126(e)(2)(A))
Butterfield v. CCC et al. (Govt. Code §11126(e)(2)(A))
Sierra Club v. CCC et al. (Lues RPI) (Govt. Code §11126(e)(2)(A))
Marine Forests Society v. CCC (Govt. Code §11126(e)(2)(A))
Yamagiwa v. City of Half Moon Bay, CCC (Govt. Code §11126(e)(2)(A))
Signal Landmark et al. v. CCC (Govt. Code §11126(e)(2)(A))
Stoney Heights LLC et al. v. CCC (Govt. Code §11126(e)(2)(A))
Benson v. CCC (Govt. Code §11126(e)(2)(A))
Bradshaw v. CCC (Govt. Code §11126(e)(2)(A))
Inyaha LLC v. CCC (Govt. Code §11126(e)(2)(A))
Colony Beach Preservation Assn. v. CCC (State Coastal Conservancy, RPI) (Govt. Code §11126(e)(2)(A))
Geffen v. Access for All, CCC (State Coastal Conservancy, RPI) (Govt. Code §11126(e)(2)(A))
Schneider v. CCC (Govt. Code §11126(e)(2)(A))
McNamee v. CCC et al., Orange County Superior Court Case No. 04CC07524 (Govt. Code §11126(e)(2)(A))
Dunipace et al. v. CCC et al. (Govt. Code §11126(e)(2)(A))
North Pacifica LLC v. CCC (Govt. Code §11126(e)(2)(A))
North Pacifica LLC v. Douglas et al. (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).

15. FEDERAL CONSISTENCY REPORT. Report by the Division Supervisor on Negative Determinations issued by the federal consistency staff, and status report on other major non-energy federal consistency matters. (MPD-SF)

16. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-92-05 (Navy, Los Angeles Co.) Consistency Determination by U.S. Navy for wastewater treatment plant outfall extension at Naval Auxiliary Landing Field, San Clemente Island, Los Angeles County. (LJS-SF) [APPROVED]

17. FINDINGS. See AGENDA CATEGORIES.

a. CD-54-05 (Bureau of Indian Affairs, Del Norte Co.) Conditional concurrence with Consistency Determination by U.S. Bureau of Indian Affairs to place 203.5 acre Martin Ranch Parcel into trust for Elk Valley Rancheria, and develop Elk Valley Rancheria Resort-Casino, Humboldt Road & Highway 101, east of Crescent City, Del Norte County. (MPD-SF) [APPROVED]

18. BRIEFING on the Effects of Sound on Marine Mammals, and possible Commission action on recommendations to the Marine Mammal Commission's Advisory Committee on Acoustic Impacts on Marine Mammals. (MPD-SF)

19. APPROVAL OF MINUTES.

20. COMMISSIONERS' REPORTS.

a. Selection of Representative and Alternate Representative to Santa Monica Mountains Conservancy.

b. Selection of Nominating Committee for annual election of officers.

21. CONSERVANCY REPORT.

22. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

23. DEPUTY ATTORNEY GENERAL'S REPORT.

24. EXECUTIVE DIRECTOR’S REPORT including report on legislation.

a. SONGS Mitigation Program. Review of and possible Commission action on Executive Director’s determination for type and cover of hard substrate for the design of the SONGS mitigation reef. (SMH-SF)

8:00 a.m.

THURSDAY, OCTOBER 13, 2005

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-05-269 (Pence, Newport Beach) Application of The Pence Family Trust to remove and replace existing pier and pier platform with new 10’ x 14’ pier platform and 4’ x 49’ pier, replace four “T” pilings and two 12” concrete pilings with four 14-in. “T” pilings and use Douglas fir for materials (no changes proposed to gangway & U-shaped floating dock), at 725 Via Lido Soud, Newport Beach, Orange County. (LRO-SD) [APPROVED WITH CONDITIONS]

b. Application No. 5-05-283 (Tetrault, Newport Beach) Application of Sharon Tetrault to replace existing 3½’ x 10’ pier platform with same (3½ ‘ x 10’) and steps per City standards and use Douglas fir for decking, at 126 The Grand Canal, Newport Beach, Orange County. (LRO-SD) [APPROVED WITH CONDITIONS]

c. Application No. 5-05-286 (Palazzola, Newport Beach) Application of Steve Palazzola, to add 15’ x 16’ dock to 16’x 25’ floating dock, install one 10” pipe pile, and use of Douglas fir for decking (existing gangway & pier to remain), at 2242 Channel Road, Newport Beach, Orange County. (LRO-SD) [APPROVED WITH CONDITIONS]

4. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-05-144 (REXCO, Newport Beach) Application of REXCO for ocean-front 3,772 sq.ft. 27-ft-high single-family home (with basement), attached 650 sq.ft. garage and 135 cu.yds. of cut & export, at 1556 East Oceanfront, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-05-207 (Long Beach Water Dept.) Application of City of Long Beach Water Department to replace 10-inch asbestos sewer pipe crossing on Second Street Bridge with 12-inch welded steel force main, and move pipe to south side of bridge, at Second Street Bridge over Alamitos Bay connecting to Naples Island, Long Beach, Los Angeles County. (PE-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-05-301(Alves, Huntington Beach) Application of Anthony & Rochelle Alves to replace wood cantilevered deck with 37-ft-long concrete deck cantilevered 5-ft. beyond bulkhead, at 17012 Baruna Lane, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-05-281 (Redondo School of Dance & Music, Redondo Beach) Application of Redondo School of Dance & Music to remodel interior and convert 4,800 sq.ft. video rental store to dance & music school, at 633 A North Pacific Coast Highway (King Harbor Plaza Shopping Center), Redondo Beach, Los Angeles County. (RT-LB) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

a. Commission Cease & Desist Order No. CCC-05-CD-7 and Restoration Order No. CCC-05-RO-4 (Mulholland Land, Los Angeles Co.) Public hearing and Commission action on proposed Cease & Desist and Restoration Orders directing Mulholland Land Company, as owner of five-acre property off of Mulholland Highway in Santa Monica Mountains area of Los Angeles County, to cease from engaging in further unpermitted development activities and to address unpermitted development consisting of the attempted unpermitted subdivision of the property into four parcels. (CAC-SF) [POSTPONED]

b. Commission Cease & Desist Order No. CCC-05-CD-10 and Restoration Order No. CCC-05-RO-6 (Horowitz, Malibu) Public hearing and Commission action on proposed Cease & Desist and Restoration Orders directing Sanford Horowitz, as owner of property at 5656 Latigo Canyon Road, Malibu, Los Angeles County, to address unpermitted development including (but not limited to) concrete, rebar, bricks, asphalt, plastics and metal materials in canyon containing a blueline streams; unpermitted construction of two storage structures; major vegetation removal; and grading and paving of building pad and two roads; and to address restoration of the property. (SMR-SF) [POSTPONED]

SOUTH COAST DISTRICT

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.

a. Manhattan Beach LCP Amendment No. MNB-MIN-1-05 (Minor). Concurrence with Executive Director’s determination that request by City of Manhattan Beach, to amend its LCP Implementing Ordinances to encourage small remodels and additions to existing non-conforming residences instead of demolitions city-wide, is minor. (PE-LB) [APPROVED]

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

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

a. Manhattan Beach LCP Amendment No. MNB-MAJ-2-05 Time Extension. Public hearing and action on request to extend 60-day time limit for action on City of Manhattan Beach LCP amendment to delete current telecommunication regulations from certified LIP/zoning code and adopt new chapter (utilities code) into LIP along with new permit process for telecommunications facilities. (PE-LB) [Time Extension APPROVED]

b. San Clemente LCP Amendment No. SCT-MAJ-1-05 Time Extension. Public hearing and action on request to extend 90-day time limit for action on City of San Clemente Land Use Plan Amendment to update water quality policies. (ALB-LB) [Time Extension APPROVED]

c. Dana Point LCP Amendment No. DPT-MAJ-01-04 (fractional ownership). Public hearing and action on request by City of Dana Point to amend its LCP to permit timeshare developments in commercial and specific plan districts and zones where a hotel, motel or similar visitor accommodations are permitted. (FSY-LB) [WITHDRAWN]

The staff report for item 8d below has been reposted on October 11, 2005 with an addendum following page 90.

d. Newport Beach LCP Amendment No. NPB-MAJ-1-04 (update). Public hearing and action on request by City of Newport Beach to comprehensively update its certified Land Use Plan by revising all policy areas, including land use and development; public access and recreation; and coastal resource protection within the Coastal Zone (excluding Banning Ranch & Newport Coast). (ALB-LB) [APPROVED WITH MODIFICATIONS]

9. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-05-81 (Mavar, Los Angeles) Appeal by Executive Director from decision of City of Los Angeles granting permit with conditions to John Mavar to adjust lot line and construction of 11-ft-high 2,340 sq.ft. single-family home and detached 2-car garage, at 2021 Paseo Del Mar, San Pedro, Los Angeles, Los Angeles County. (AP-LB) [Permit DENIED]

b. Appeal No. A-5-05-272 (Garner, Laguna Beach) Appeal by Annette L. Stephens from decision of City of Laguna Beach granting permit with conditions to Jeffrey Garner for single-family home and attached carport, at 1530 Glenneyre Street, Laguna Beach, Orange County. (RT-LB) [NO SUBSTANTIAL ISSUE FOUND]

10. 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. 5-04-214 (Battram, Newport Beach) Application of Kenneth Battram for existing stairway and retaining walls on upper bluff face; fences & retaining walls on lower bluff face; and concrete patio on beach, at 3335 Ocean Blvd., Corona Del Mar, Newport Beach, Orange County. (FSY-LB) [WITHDRAWN]

b. Application No. 5-04-416 (Parks & Rec., Dana Point) Application of California Department of Parks & Recreation to demolish 470 sq.ft. 2-story lifeguard tower and construct 2,733 sq.ft. 3-story lifeguard tower, vehicle staging & response ramp, vehicle wash station, extension of underground utilities, landscaping, and exterior lighting, with 400 cu.yds. of imported fill, at Doheny State Beach, Dana Point, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-05-54 (Singer, Los Angeles) Application of Robert Singer for 25-ft-high 2-sided (9.67’ x 15’) illuminated business identification sign in parking lot of existing restaurant, at 3016 Washington Blvd., Venice, Los Angeles, Los Angeles County. (PE-LB) [WITHDRAWN]

d. Application No. 5-05-95 (Circle, Newport Beach) Application of Douglas & Jan Circle to demolish 2,100 sq.ft. 2-story single-family home & attached garage, and construct 4,488 sq.ft. 35-ft-high single-family home (with basement and decks on basement level, 1st floor & 2nd floor), and attached 388 sq.ft. garage (with car-lift), with 570 cu.yds. of grading, on coastal bluff face, at 3415 Ocean Boulevard, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-05-98 (Hellman, Seal Beach) Application of Hellman Properties, LLC for archeological investigation, mechanical trenching, shovel test probes and 1 meter by 1 meter test excavation units, within oil production area in Hellman Ranch, south of Orange County line, east of Pacific Coast Highway, north of Gum Grove Park, and west of Adolfo Lopez Drive, Seal Beach, Orange County. (KS-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-05-147 (Khalkhali, Los Angeles) Application of Farzin & Zohreh Khalkhali to demolish single-family home, and construct 2-story 6,103 sq.ft. single-family home, attached 554 sq.ft. garage & swimming pool, modify driveway retaining wall and extend driveway, with 34 caissons & 27 soldier piles, and 1,570 cu.yds. of grading, at 282 Trino Way, Pacific Palisades, Los Angeles, Los Angeles County. (RT-LB) [APPROVED WITH CONDITIONS]

g. Application No. 5-05-211 (Mavar, Los Angeles) Application of John Mavar to adjust lot line and construct 11-ft-high 2,340 sq.ft. single-family home and detached 2-car garage, at 2021 Paseo Del Mar, San Pedro, Los Angeles, Los Angeles County. (AP-LB) [DENIED]

h. Application No. 5-05-221 (Newport Beach, Morning Canyon) Application of City of Newport Beach Public Works to stabilize slope and reconstruct Morning Canyon, construct seven grade control structures, restore canyon bottom to previous bed elevations and reduce potential for adjacent slope failures, remove exotic plants and replace with native plants, at Morning Canyon (below intersection of Surrey Drive & Rockford Road), Newport Beach, Orange County. (RT-LB) [APPROVED WITH CONDITIONS]

11. FINDINGS. See AGENDA CATEGORIES.

a. Application No. 5-05-20 (Brightwater, Orange Co.) Hearthside Homes & Signal Landmark granted permit with conditions to divide 2 lots into 105.3 acre Brightwater community; including 349 homes, two parks, coastal sage scrub, native grassland restoration, Southern Tarplant and Los Patos Wetlands restoration and preservation, Eucalyptus and Burrowing Owl ESHA and buffer preservation, public parking and blufftop trail primarily on upper bench of Bolsa Chica Mesa; and create 11.8-acre lot on lower bench of Bolsa Chica Mesa, at 17201 Bolsa Chica Road, Bolsa Chica, Orange County. (TH-LB) [Findings APPROVED]

12. RECONSIDERATION. See AGENDA CATEGORIES.

a. Application No. 5-04-324-R (Bredesen, Torrance) Chris & Ginger Bredesen denied permit to construct 4-ft-wide meandering 250-ft-long walkway on bluff face, 1,218 sq.ft. two-level patio, 5-ft-high retaining wall, planters and equipment lockers next to patio; demolish unpermitted13-ft-high 910 sq.ft. shade structure; replace with 540 sq.ft. trellis supported by 3 concrete columns; convert unpermitted fire pit to planter (all also on bluff face just above toe of bluff); and mitigate development (by eradicating non-native vegetation on 9,960 sq.ft. of slope, removal of irrigation system and planting 6,870 sq.ft. with coastal bluff scrub, 2,180 sq.ft. with plants of the Palos Verdes and Santa Monica Mountains plant communities and 910 sq.ft. with regionally local climbing plants, install new drip irrigation and water quality improvements and to monitor native vegetation); on 27,808 sq.ft. beach-front lot, at 437 Paseo de la Playa, Torrance, Los Angeles County. (PE-LB) [WITHDRAWN]

SOUTH 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 Ventura office at (805) 585-1800.

a. Santa Barbara Co. LCP Amendment No. SBC-MAJ-2-03 (Residential Second Units) Certification Review. Concurrence with Executive Director’s determination that action by County of Santa Barbara, accepting certification of Amendment No. 2-03 with modifications, is legally adequate. (SMH-V) [APPROVED]

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

15. LOCAL COASTAL PROGRAM (LCP). See AGENDA CATEGORIES.

a. San Buenaventura LCP Amendment No. SBV-MAJ-1-03 (Harbor & Seaward Avenue). Public hearing and action on request by City of San Buenaventura to amend its LCP to change land use plan designation of two lots at northwest corner of Seaward Avenue & Harbor Boulevard from Planned Commercial - Tourist Oriented (PC-T) to Planned Mixed Use Development (PMXD); revise zoning designation from Commercial-Tourist Oriented (CTO) and Intermediate Commercial with Tourist Overlay [C-1A(TO)] to Mixed Use Development (MXD); and provide new land use policy statements. (LF-V) [APPROVED WITH MODIFICATIONS]

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

a. Application No. 4-03-22 (Rex, Los Angeles Co.) Application of Robert & Nancy Rex to reduce 5,475 sq.ft. unpermitted corral to 916 sq.ft., remove unpermitted 45 sq.ft. portable wooden hay shed & 120 sq.ft. wooden tack shed with 120 sq.ft. metal awning, and construct 144 sq.ft. awning, railroad tie barriers, and drainage improvements, at 825 Cold Canyon Road, Calabasas, Los Angeles County. (LF-V) [DENIED]

b. Application No. 4-04-118 (Zimmermann, Los Angeles Co.) Application of Karl Zimmermann for 25-ft-high 4,998 sq.ft. single-family home, attached 1,272 sq.ft. garage, pool & spa, RV parking, septic system, driveway, motorcourt, pool fence, 1,013 cu.yds. of grading, and landscaping on existing graded pad, at 1500 Decker Canyon Road, near Malibu, Los Angeles County. (JCJ-V) [POSTPONED]

c. Application No. 4-04-121 (Miran Enterprises, Los Angeles Co.) Application of Miran Enterprises LLC to legalize lot, and construct 34-ft-high 5,285 sq.ft. single-family home, attached 610 sq.ft. garage, septic system, retaining walls, driveway, access stairway, and 3,713 cu.yds. of grading, at 1510 Las Virgenes Road, Calabasas, Los Angeles County. (MH-V) [APPROVED WITH CONDITIONS]

d. Application No. 4-04-133 (Los Angeles Co., Stunt Rd.) Application of Los Angeles County Public Works Department to construct 18-ft-high gabion wall along creek bank 20 feet from edge of road shoulder, excavate 12 cu.yds. of material and reconstruct road shoulder, at culvert marker 1.21, along south side of Stunt Road, one mile south of Mulholland Highway, Calabasas, Los Angeles County. (JCJ-V) [APPROVED WITH CONDITIONS]

e. Application No. 4-05-39 (Corral Canyon, Los Angeles Co.) Application of Corral Canyon Development, LLC for 25-ft-high 4,202 sq.ft. single-family home, attached 923 sq.ft. garage, detached 736 sq.ft. guest house, driveway, pool, tennis court, septic system, fences, retaining walls, and 5,454 cu.yds. of grading, at 2928 Corral Canyon Road, near Malibu, Los Angeles County. (MH-V) [APPROVED WITH CONDITIONS]

f. Application No. 4-05-63 (Stoney Heights & Meadowlands Ranch, Los Angeles Co.) Application of Stoney Heights, LLC and Meadowlands Ranch, LLC to re-divide two lots (34.5 acres next to Corral Canyon Road, and 0.16 acre in El Nido small lot subdivision on Searidge Drive) to create two lots (14.8 & 19.8 acres), Santa Monica Mountains, Los Angeles County. (MCH-V) [DENIED]

g. Application No. 4-04-28 (Stoney Heights, Los Angeles Co.) Application of Stoney Heights, LLC to construct 3,558 sq.ft. 32-ft-high single-family home, detached 827 sq.ft. garage with 735 sq.ft. 2-story guesthouse, pool, spa, patios, retaining walls, 6-ft-high fire wall, septic system, driveway, 740 cu.yds. of grading, removal of horse corral, and restoration of corral area to natural conditions, at 2685 Corral Canyon Road, near Malibu, Los Angeles County. (MCH-V) [APPROVED WITH CONDITIONS]

h. Application No. 4-05-139 (Santa Barbara Co., Goleta Slough) Application of Santa Barbara County to remove up to 200,000 cu.yds. of sediment per year from lower Atascadero Creek, San Jose Creek, San Pedro Creek & main channel of Goleta Slough, breach mouth of Goleta Slough 1-3 times/year, and place dredged material in surfzone at Goleta Beach County Park, Goleta, Santa Barbara County. (SMH-V) [APPROVED WITH CONDITIONS]

i. Application No. 4-04-32 (Hannon, Los Angeles Co.) Application of Padriac I. Hannon to legalize lot, and construct 2,366 sq.ft. 35-ft-high single-family home, attached 2-car carport, septic system, and driveway, with 10 cu.yds. of grading, at 2117 Las Flores Canyon Road, near Malibu, Los Angeles County. (MCH-V) [APPROVED WITH CONDITIONS]

8:00 a.m.

FRIDAY, OCTOBER 14, 2005

1. CALL TO ORDER.

2. ROLL CALL.

NORTH COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 1-04-72 (Rohrbach, Humboldt Co.) Application of Gerhardt & Barbara J. Rohrbach to replace culvert with new 18-inch-diameter 20-ft-long culvert, at 2588 Spears Road, near Eureka, Humboldt County. (TST-E) [APPROVED WITH CONDITIONS]

b. Application No. 1-05-46 (Pacific Choice Seafoods, Eureka) Application of Pacific Choice Seafoods Company to replace 11 damaged fender piles by sheathing existing piles with 24-inch-diameter steel tubing using vibratory pile-driving, at 1 Commercial Street, Eureka, Humboldt County. (JB-E) [APPROVED WITH CONDITIONS]

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.

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

6. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-1-05-19 (Claflin, Mendocino Co.) Appeal by Commissioners Reilly & Wan from decision of County of Mendocino granting permit with conditions to Robert & Roxanne Claflin for 2,700 sq.ft. 28-ft-high single-family home, attached 640 sq.ft. garage & workshop with 640 sq.ft. guest house above, 150 sq.ft. greenhouse, entry courtyard, 55 feet of driveway, connection to community water & sewer & utilities, and LPG tank, at 46951 Big Gulch Road, Gualala, Mendocino County. (RP-SF)  [POSTPONED]

b. Appeal No. A-1-05-47 (Sacks, Mendocino Co.) Appeal by Commissioners Caldwell & Wan from decision of County of Mendocino granting permit with conditions to Rudolph & Ann Sacks to demolish home & attached garage; construct 2,469 sq.ft. 1-story single-family home, 588 sq.ft. 18-ft-high garage & 640 sq.ft. 18-ft-high detached workshop; and install septic system, driveway improvements, fences & LPG tank, at 45321 Mar Vista Drive, near Caspar, Mendocino County. (TST-E) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

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

a. Application No. 1-05-6 (Zito, Humboldt Co.) Application of James A. Zito to construct 1,732 sq.ft. 32-ft-high single-family home on 731 sq.ft. building envelope, and replace decking, boat ramp & dock, at 14 Crab Street, King Salmon, Humboldt County. (JB-E) [APPROVED WITH CONDITIONS]

b. Application No. 1-05-28 (Eureka & BLM, Humboldt Co.) Application of City of Eureka & U.S. Bureau of Land Management to reauthorize regulated off highway vehicle use and maintenance of 80 acres of North Spit fore dune area, west of New Navy Base Road on Samoa Peninsula, Humboldt County. (TST-E) [APPROVED WITH CONDITIONS]

c. Application No. 1-05-43 (Delbiaggio, Humboldt Co.) Application of Dennis & Susie Delbiaggio to convert house to office building, and remodel interior to create ADA-compliant bathrooms, at 118 Port Kenyon Road, near Ferndale, Humboldt County. (RSM-E) [POSTPONED]

8. PERMIT AMENDMENT. 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. 1-97-77-A2 (Nanya, Mendocino Co.) Request by K. Joe Nanya to use 2 recreational vehicle camping spaces for employee housing, install lights and allow rental of space for boat and RV storage at existing private campground, at 33800 North Albion Road, Albion Flat, Mendocino County. (RP-SF) [WITHDRAWN]

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 Santa Cruz office at (831) 427-4863.

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

11. LOCAL COASTAL PROGRAM (LCP). See AGENDA CATEGORIES.

The staff report for item 11a below is linked internally to exhibits  in a separate document to which you may also go from right here.

An addendum with additional attachments has been added on October 13, 2005.to the staff report linked below.

a. UCSC Coastal LRDP. Public hearing and action on University of California at Santa Cruz (UCSC)’s proposed Coastal Long Range Development Plan (CLRDP) for University’s 100 acre Terrace Point property currently developed with UCSC Long Marine Laboratory complex, California Department of Fish & Game’s Marine Wildlife Center, and NOAA Fisheries Lab on 75 acres of flat terrace (160,000 gross sq.ft. of existing facilities), and including Younger Lagoon Reserve estuarine lagoon system on 25 acres, proposing up to 525,000 sq.ft. of new facilities up to 36 feet tall in three development nodes on 35 acres for expanded Marine Science Campus, expanded public access trail system and natural habitat restoration in wetland & open space areas on terrace not part of proposed development nodes. (DC-SC) [TO CONTINUE, Time Extension APPROVED]

12. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-05-66 (Ubaldi, Santa Cruz Co.) Appeal by Friends of Sand Dollar Beach from decision of County of Santa Cruz granting permit with conditions to Ronald & Esther Ubaldi to remodel and add 575 sq.ft. to home, construct roof with decreased pitch, demolish and rebuild retaining wall along north property line, at 807 The Shore Line, La Selva Beach, Santa Cruz County. (DC-SC) [POSTPONED]

b. Appeal No. A-3-05-67 (Barrett, Monterey Co.) Appeal by Commissioners Shallenberger & Wan from decision of County of Monterey granting permit with conditions to Richard J. & Gail Barrett to remodel and construct first- and second-story additions totaling 1,758 sq.ft. to 4,409 sq.ft. one-story single-family home, construct 4,500 sq.ft. gravel driveway, allow development within 100 ft. of ESHA and within 750 ft. of known archaeological resources, and remove one 30' Monterey Cypress tree, at 3154 Seventeen Mile Drive, Pebble Beach, Monterey County. (CKC-SC) [POSTPONED]

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.

An addendum with additional attachments has been added on October 13, 2005 to the staff report linked below.

a. Application No. 3-04-75 (Santa Cruz Seaside Co., Santa Cruz) Application of Santa Cruz Seaside Company to close public access route, and replace fencing installed without benefit of coastal permit with new fencing and public access turnstiles to provide access to Boardwalk during operating hours at 400 Beach Street, Santa Cruz, Santa Cruz County. (MW-SC) [APPROVED WITH CONDITIONS]

b. Application No. 3-05-65 (Santa Cruz Port Dist., Santa Cruz) Application of Santa Cruz Port District for five-year dredging permit to annually dredge 350,000 cu.yds. of entrance channel sediment (>80% sand) with disposal into nearshore environment or on beach, dredge 10,000 cu.yds. of inner harbor sediment (7,000 cu.yds. >80% sand & 3,000 cu.yds. between 50% and 79% sand) with disposal into nearshore environment, and dredge 10,000 cu.yds. of inner harbor sediment (<50% sand) with disposal at upland site or federally approved offshore disposal site, at 135 - 5th Avenue, Santa Cruz, Santa Cruz County. (SC-SC) [APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST 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 Francisco office at (415) 904-5260.


Future Meetings: The next meetings of the Coastal Commission will be November 16-18 in Los Angeles and December 14-16 in San Francisco.

See future agenda items (these are items submitted to the Coastal Commission and could be scheduled on future meeting agendas).