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May 2006 Agenda

The Westin South Coast Plaza
686 Anton Blvd.
Costa Mesa, CA
(714) 540-2500

This has been updated at 1:30 p.m., Friday, May 19, 2006.

9:00 A.M.

WEDNESDAY, MAY 10, 2006

See video proceedings
of the our meeting from April 14, 2005 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.

1. CALL TO ORDER.

2. ROLL CALL.

SAN DIEGO COAST DISTRICT

3. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 6-06-2 (Lighternick, Solana Beach)  Application of Martin & Mary Lighternick to construct 2,010 sq.ft. addition to 1-story 1,897 sq.ft. home on 9,471 sq.ft. lot, at 1032 Santa Queta, Solana Beach, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-06-21 (Ocean Pacific, San Diego)  Application of Ocean Pacific Triplex, LLC to demolish triplex, and construct 30-ft-high 4,879 sq.ft.  3-unit condominium building with 6 parking spaces, on 4,407 sq.ft. oceanfront lot, at 3695 Ocean Front Walk, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-06-27 (UCSD, San Diego)  Application of University of California at San Diego to demolish 1,280 sq.ft. conference room and replace with paved courtyard & outdoor meeting area, at Muir College, UCSD campus, La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-06-28 (UCSD, San Diego)  Application of University of California at San Diego to construct 20-ft-high 4,400 sq.ft. pre-fabricated steel building (machine shop) in parking lot northwest of Discovery Way and east of Scripps Pier, at Scripps Institution of Oceanography, UCSD, La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

e. Application No. 6-06-29 (San Diego dock replacement)  Application of Mission Bay Boat & Ski Team & San Diego Parks & Recreation Department to replace floating dock with new floating dock within Hidden Anchorage, Mission Bay Park, San Diego, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS]

f. Application No. 6-06-32 (Esteves, San Diego)  Application of Doug Esteves to demolish duplex and construct 30-ft-high 1,438 sq.ft. single-family home & attached 2-car garage, on 1,334 sq.ft. lot, at 712 San Jose Place, Mission Beach, San Diego San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT

4. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 5-06-45 (Chapman, Newport Beach)  Application of Donald Chapman Trust to remove and replace “U” shaped boat dock in same configuration with no new piles, at 754 Harbor Island Drive, Newport Beach, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-06-46 (Reinhold, Newport Beach)  Application of Baldwin Terry Reinhold to remove and replace “U” shaped boat dock in same configuration with no new piles, at 624 Harbor Island Drive, Newport Beach, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-06-51 (Cefalia, Newport Beach)  Application of Joseph Cefalia Trust to remove and replace “U” shaped boat dock in similar configuration with no new piles, at 1649 Bayside Drive, Newport Beach, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-06-63 (Mullahey, Newport Beach)  Application of Timothy Mullahey to remove and replace “U” shaped boat dock, at 104 Via Lido Nord, Newport Beach, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

e. Application No.5-06-134 (Brigandi, Newport Beach) Application of Chris Brigandi to remove and replace boat dock, at 1711 East Bay Avenue, Newport Beach, Orange County.(MV-LB) [APPROVED WITH CONDITIONS]

5. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-04-232 (Sutton, Newport Beach)  Application of Thomas & Marilyn Sutton to remodel and add to 1-story 5,705 sq.ft. single-family home (add 417 sq.ft. to 1st floor and new 492 sq.ft. 2nd floor), and reduce attached 1,101 sq.ft. garage by 147 sq.ft., with no grading, on coastal bluff top lot, at 111 Shorecliff Road, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-05-172 (Tabaz, Newport Beach) Application of Cyrus & Titza Tabaz to divide lot fronting Newport Bay into two lots, construct one single-family home on each lot (9,419 sq.ft. 2-story home with basement & 2,297 sq.ft. subterranean garage and 8,750 sq.ft. 2-story home with basement & 2,468 sq.ft. subterranean garage), with 521 cu.yds. of grading & export, at 2209 Bayside Drive, Corona Del Mar, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-05-373 (San Clemente parking lot)  Application of City of San Clemente Department of Public Works to convert 0.14 acre part of landscaped area into 16 parking spaces with 136’ long x 2’ wide vegetated swale for treatment of parking lot runoff, at Bonita Canyon Park, at 1304 Calle Valle, San Clemente, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-05-442 (Warmington, Newport Beach)  Application of Robert & Lori Warmington to demolish home, and construct 3-level 10,244 sq.ft. single-family home & attached 721 sq.ft. garage with 950 cu.yds. of grading, on coastal bluff top lot, at 157 Shorecliff Road, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-05-515 (Steiner, Newport Beach)  Application of Allen Steiner Trust to combine two lots into 0.17-acre lot, and remodel two existing homes to create one 6,879 sq.ft. single-family home with two 492 sq.ft. garages and hardscape improvements, at 1354 & 1358 East Oceanfront, Newport Beach, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-06-34 (Riviera Development, San Clemente)  Application of Riviera Development to demolish single-family home, and construct 6,943 sq.ft. 3-story mixed-use structure (two apartments in 4487 sq.ft. and four commercial or office spaces in 2456 sq.ft.) with 12 covered parking spaces, on 8,000 sq.ft. lot, at 154 Avenida Victoria, San Clemente, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

g. Application No. 5-06-39 (Schuster, Huntington Beach) Application of Iris M. Schuster Trust to replace cantilevered deck with 40-ft-long concrete deck cantilevered 5 feet beyond bulkhead, with 7-ft-high tempered glass windscreen, at 16661 Carousel Lane, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

h. Application No. 5-06-41 (Parks & Rec., Los Angeles)  Application of State of California Department of Parks & Recreation for two entrance monument signs, restroom facility, shunt (12 inch reinforced concrete pipe to divert storm runoff from storm drain line to reconstructed drainage course), interpretive signs, and landscape area with native vegetation, at Los Liones Canyon within Topanga State Park, Pacific Palisades, Los Angeles, Los Angeles County. (AJP-LB) [APPROVED WITH CONDITIONS]

i. Application No. 5-06-56 (Easter Circle, Huntington Beach)  Application of Easter Circle LLC for 103-ft-long concrete deck cantilevered 5 feet beyond bulkhead, with 36-in-high tempered glass railing, at 3322 Easter Circle, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

j. Application No. 5-06-64 (Hodges, Huntington Beach)  Application of Paula Hodges to replace existing cantilevered deck with new 29-ft-long concrete deck cantilevered 5 feet beyond bulkhead, with 42-in-high railing, at 16618 Tiburon Place, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO 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 San Diego office at (619) 767-2370.

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

8. NEW APPEALS.  See AGENDA CATEGORIES

a. Appeal No. A-6-06-44 (Margulis, Oceanside)  Appeal by Commissioners Wan & Kruer from decision of City of Oceanside granting permit with conditions to Ken Margulis to demolish duplex, and construct 2-story over basement 4,635 sq.ft. two-unit condominium, on 4,072 sq.ft. oceanfront lot, at 1443 South Pacific Street, Oceanside, San Diego County. (LJM-SD) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

b. Appeal No. A-6-06-45 (Turk, San Diego)  Appeal by Richard Pearson and Deborah Anderson from decision of City of San Diego granting permit with conditions to Michael Turk to demolish three homes, and construct 2-story 9,514 sq.ft., seven-unit condominium over 16-space subterranean garage, on 10,008 sq.ft. site, at 1353 La Palma Street, Pacific Beach, San Diego, San Diego County. (LRO-SD) [POSTPONED]

c. Appeal No. A-6-06-46 (KSL, Coronado)  Appeal by Commissioners Kruer & Wan from decision of City of Coronado to not require a coastal permit for conversion of 11 cottages and villa hotel units into maximum of 37 hotel condominium units, maximum of 2 open space condominiums, and up to 25 non-habitable management condominium units (lobby and maintenance areas) at Hotel Del Coronado, 1500 Orange Avenue, Coronado, San Diego County. (DL-SD) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

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

a. Application No. 6-05-45 (Carlsbad sewer access/repair)  Application of City of Carlsbad to improve existing sewer line and sewer maintenance road and public access trail, construct 1,800-ft-long concrete seawall, repair manholes, relocate 600-ft. of sewer pipe and provide two residential lateral connections, at north shore of Agua Hedionda Lagoon between Cove Drive & Hoover Street, Agua Hedionda, Carlsbad, San Diego County. (LJM-SD) [WITHDRAWN]

10. 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. F6200-A3 (Inyaha, San Diego)  Request by Inyaha, LLC to amend permit for 4-unit Planned Residential Development to add 794 sq.ft. to single-family home, remove unpermitted structures on steep hillside, restore & landscape steep hillside area and construct pool, spa & decking, on non-steep hillside area in rear yard of home, at 2610 Inyaha Lane, La Jolla, San Diego, San Diego County. (LJM-SD) [APPROVED]

11. FINDINGS.  See AGENDA CATEGORIES.

a. Permit No. 6-92-203-A4 (KSL, Encinitas)  KSL Encinitas Resort Co., LLC granted amendment to permit for 130-unit hotel to place up to 50,000 cu.yds. of sand from development of hotel on beach, and allow part of hotel to be developed as condominium hotel, at 2100 North Highway 101, Leucadia, Encinitas, San Diego County. (GDC-SD) [Findings APPROVED]

STATEWIDE

12. 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)

13. FINDINGS.  See AGENDA CATEGORIES.

a. CD-8-06 (Navy, San Diego)  Commission concurrence with consistency determination by U.S. Navy for three buildings supporting four 18-story towers for military unaccompanied housing, and 6-story parking structure, within Naval Base San Diego, San Diego. (LJS-SF) [Findings APPROVED]

ENFORCEMENT

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

SOUTH COAST DISTRICT

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

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

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

a. Long Beach LCP Amendment No. LOB-MAJ-2-05 (PD-6 Residential Cap).  Public hearing and action on request by City of Long Beach for LCP Amendment No. 2-05, (Part A) to amend Implementing Ordinances that address tenant relocations that result from City code enforcement action; and (Part B) to amend development standards of Subarea 4 of Downtown Shoreline Planned Development District (PD-6) to increase total number of residential units (from 1,000 to 1,500 units) and decrease amount of commercial/office area (from 2 million to 1.8 million sq.ft.). (CP-LB) [APPROVED]

b. Long Beach LCP Amendment No. LOB-MAJ-1-06 (Parks).  Public hearing and action on request by City of Long Beach to update maps and list of parks in City zoning code and Open Space and Recreation Element of the General Plan (components of certified LCP). (CP-LB) [APPROVED]

c.  Huntington Beach LCP Amendment No. HNB-MAJ-1-04 (Huntington Harbour Bay Club).  Public hearing and action on request by City of Huntington Beach to modify Huntington Harbour Bay Club Specific Plan, reconfigure boundaries of four lettered planning areas (A –D); eliminate restaurant/banquet facilities and recreational uses as allowable uses in Planning Area B, and replace those uses with residential uses instead; add development standards for residential use proposed in Planning Area B; and update overall format of the Specific Plan, at area bounded by Warner Avenue, Sceptre Lane, Huntington Harbour, and Edgewater Lane. (MV-LB) [DENIED]

17.5 NEW APPEAL.  See AGENDA CATEGORIES.

a. Appeal No. A-5-06-156 (RAD Venice, Los Angeles)  Appeal by John Davis from decision of City of Los Angeles granting permit with conditions to RAD Venice, LLC for 38½-ft-high 35-unit artist-in-residence project with 109 parking spaces, at 602-670 Main Street, Venice, Angeles, Los Angeles County. (CP-LB) [TO CONTINUE]

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

a. Application No. 5-05-240 (Alkapuri, San Clemente)  Application of Alkapuri Assoc., LLC to construct 18,511 sq.ft. seven-unit condominium project in two wings (north wing: 3 units in 2 stories and south wing: 4 units in 4 stories), 18-car subterranean garage and 3-car garage, renovate historic home for eighth unit, re-create historical gardens, and provide new public ocean view area, at 402-404 Pasadena Court, San Clemente, Orange County. (ALB-LB) [DENIED]

b. Application No. 5-05-319 (LNR-Lennar Washington Square, Los Angeles)  Application of LNR-Lennar Washington Square, LLC to demolish five commercial buildings; convert 9-story office building into 45 live/work condominiums and one 5,300 sq.ft. commercial unit; dedicate and construct public path along east bank of Grand Canal; and construct 77 residential condominiums (12 affordable housing), one 600 sq.ft. commercial unit and 2-level semi-subterranean parking garage, at 300-346 West Washington Blvd., Venice, Los Angeles, Los Angeles County. (CP-LB)  [APPROVED WITH CONDITIONS]

c. Appeal No. A-5-05-320 (LNR-Lennar Washington Square, Los Angeles)  Application of LNR-Lennar Washington Square, LLC to demolish five commercial buildings; convert 9-story office building into 45 live/work condominiums and one 5,300 sq.ft. commercial unit; dedicate and construct public path along east bank of Grand Canal; and construct 77 residential condominiums (12 affordable housing), one 600 sq.ft. commercial unit and 2-level semi-subterranean parking garage, at 300-346 West Washington Blvd., Venice, Los Angeles, Los Angeles County. (CP-LB)  [APPROVED WITH CONDITIONS]

d. Application No. 5-05-328 (Palermo, Newport Beach)  Application of Salvatore Palermo to construct 2-story 746 sq.ft. pool house & pool on deepened footings or caisson foundation system on bluff face, connect to existing stairway to beach, and modify existing beach bathroom, with 888 cu.yds. of cut & export, at 3317 Ocean Boulevard, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-05-385 (Seal Beach Six, Seal Beach)  Application of Seal Beach Six, Inc. to demolish 23-room hotel and construct six 2-story single-family homes with fences, hardscape improvements and landscaping, on six lots, at 202-212 Fifth Street, Seal Beach, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-05-412 (La Ladera Homeowners & Boca del Canon, San Clemente)  Application of La Ladera Homeowners Association and Boca del Canon, LLC to replace and move existing vehicular entry gate with new 6-ft-high motorized wrought iron gate with stucco pilasters, decorative paving, landscaping, irrigation and lighting, at intersection Boca Del Canon & La Rambla, San Clemente, Orange County. (ALB-LB) [POSTPONED]

g. Application No. 5-05-503 (Burke, Torrance)  Application of Martin Burke to replace 8-ft-high 930-ft-long section of chain-link fence along base of bluff and on sandy beach, at 507-631 Paseo De La Playa, Torrance, Los Angeles County. (RT-LB) [TO CONTINUE]

h. Application No. 5-06-1 (McLoghlin, Los Angeles)  Application of Oona & Audrey McLoghlin to demolish 1-story 614 sq.ft. structure on 2,400 sq.ft. lot, and construct 30-high 4,486 sq.ft. mixed-use structure with one retail unit & parking garage on ground floor and two apartments above, at 1312 Innes Place, Venice, Los Angeles, Los Angeles County. (CP-LB)  [APPROVED WITH CONDITIONS]

19. 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. 5-98-156-A15 (Long Beach & DDR Urban)  Request by City of Long Beach & DDR Urban LP to construct 90-ft-high 140-room hotel on site of approved 80-ft-high large-format theatre, at 285 Bay Street, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Permit No. A-5-02-324-A5 (Long Point Development, Rancho Palos Verdes)  Request by Long Point Development, LLC to convert 106 rooms (66 rooms in main hotel and 40 rooms in twenty 2-room “bungalows”) in 582-room resort hotel to limited-occupancy resort condominiums (reducing hotel-owned rooms from 400 to 294 rooms), operated as rentable guestrooms by the hotel, at 6610 Palos Verdes Drive South, Rancho Palos Verdes, Los Angeles County. (PE-LB) [APPROVED WITH CONDITIONS]

c. Permit No. A-5-02-324-A6 (Long Point Development, Rancho Palos Verdes) Request by Long Point Development, LLC to modify site plan, reduce hotel footprint, reduce number of Villa buildings, eliminate parking structure, reconfigure surface parking, eliminate 2 tennis courts, and change 3-hole golf practice facility to 9-hole short game golf academy, at 6610 Palos Verdes Drive South, Rancho Palos Verdes, Los Angeles County. (RT-LB) [POSTPONED]

d. Permit No. 5-03-355-A (Panattoni & Boeing Realty, Seal Beach)  Request by Panattoni Development and Boeing Realty Corp. for four buildings (65,484 sq.ft. hotel; 10,725 sq.ft. food retail space; 5,400 sq.ft. retail building; and 3,400 sq.ft. drive through restaurant), on four lots (4.47 acres) of approved 23-lot subdivision, southeast of Seal Beach Blvd. & Westminster Avenue, Seal Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

e. Permit No. 5-04-86-A (Johnson, Los Angeles)  Request by Alan Johnson to increase building height from 19 feet to 19¾ feet, of approved 771 sq.ft. addition to home, at 4040 Bluff Place, San Pedro, Los Angeles, Los Angeles County. (AJP-LB) [APPROVED WITH CONDITIONS]

20. FINDINGS.  See AGENDA CATEGORIES.

a. Application No. 5-04-339 (Palermo, Newport Beach)  Salvatore Palermo denied permit to remove beach bathroom, modify stairway, and construct 623 sq.ft. pool house, pool, spa & patio on beach and bluff face, retaining walls, landscape planters, outdoor barbeque, with 409 cu.yds. of grading, footings, retaining walls, slab on grade and caisson foundation system, at 3317 Ocean Boulevard, Newport Beach, Orange County. (FSY-LB) [Findings APPROVED]

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:

Reed v. CCC (Govt. Code §11126(e)(2)(A))
Inyaha LLC v. CCC (Govt. Code §11126(e)(2)(A))
Kretowicz v. CCC (Govt. Code §11126(e)(2)(A))
Serra Canyon Property Owners Assn. v. City of Malibu, CCC, et al. (Govt. Code §11126(e)(2)(A))
North Pacifica LLC v. CCC, First District Court of Appeal No. A112590 (Govt. Code §11126(e)(2)(A))
North Pacifica LLC v. CCC, Los Angeles County Superior Court No. BS102068 (Govt. Code §11126(e)(2)(A))
North Pacifica LLC v. Douglas et al. (Govt. Code §11126(e)(2)(A))
Security National Guaranty, Inc. v. State of California, CCC (Govt. Code §11126(e)(2)(A))
Murray et al. v. CCC (Govt. Code §11126(e)(2)(A))
Morehart Land Co. et al. v. County of Santa Barbara, CCC et al. (Govt. Code §11126(e)(2)(A))
Las Brisas Condominium Assn. v. CCC (Govt. Code §11126(e)(2)(A))
Dreyfus et al. County of Santa Barbara, CCC et al. (Govt. Code §11126(e)(2)(A))
Doheny et al. v. County of Santa Barbara, CCC et al. (Govt. Code §11126(e)(2)(A))
Crowther v. CCC (Govt. Code §11126(e)(2)(A))
Communications Relay Corp. et al v. CCC et al. (Govt. Code §11126(e)(2)(A))
Bredesen v. CCC 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).

21. APPROVAL OF MINUTES.

22. COMMISSIONERS' REPORTS.

23. CONSERVANCY REPORT.

24. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

25. SANTA MONICA BAY RESTORATION COMMISSION REPORT.

26. DEPUTY ATTORNEY GENERAL'S REPORT.

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

9:00 a.m.

THURSDAY, MAY 11, 2006

1. CALL TO ORDER.

2. ROLL CALL.

ENERGY, OCEAN RESOURCES and WATER QUALITY

3. 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)

4. NEW APPEAL.  See AGENDA CATEGORIES.

a. Appeal No. A-3-06-17 (PG&E, San Luis Obispo Co.)  Appeal by Mothers For Peace, Sierra Club -- Santa Lucia Chapter, and Commissioners Reilly & Shallenberger from decision of County of San Luis Obispo granting permit with conditions to Pacific Gas & Electric Company to replace steam generator at Diablo Canyon Nuclear Power Plant, near Avila Beach, San Luis Obispo County. (TL-SF) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

5. COASTAL PERMIT APPLICATION.  See AGENDA CATEGORIES.

a. Application No. E-06-3 (Coast Seafoods, Humboldt Co.)  Application of Coast Seafoods Company to plant, grow, and harvest off-bottom oyster culture on 255 acres; complete conversion (from bottom culture) and plant, grow, and harvest off-bottom oyster culture on 45 acres; and operate nursery area, FLUPSY, and wet storage floats, in northern Humboldt Bay, Humboldt County. (ALM-SF)  [APPROVED WITH CONDITIONS]

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

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

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

a. Half Moon Bay LCP Amendment No. HMB-MAJ-1-02 (Mobile Home Parks).  Public hearing and action on request by the City of Half Moon Bay to amend its Land Use Plan and Zoning Ordinance to (1) create new “Mobile Home Park” land use category, (2) create new “Mobile Home Park District” zoning district, and (3) designate the existing Canada Cove and Hilltop Mobile Home Parks according to new land use category and zoning district. (YZ-SF) [POSTPONED]

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

An addendum to the staff report has been posted on Tuesday, May 9 for the staff report for item 9a below.
You may get it here.
A second addendum has been posted on Wednesday, May 10.
You may get the second addendum here.

See the adopted findings for this item, posted on Friday, May 19.

a. Appeal No. A-2-05-18 (North Pacifica, Pacifica)  Application of North Pacifica L.L.C. for subdivision and construction 19 single-family detached homes and 24 townhouses, 72,000 cu.yds. of grading and related infrastructure improvements, at 4000 block of Palmetto Avenue, Pacifica, San Mateo County. (CLK-SF) [DENIED]

CENTRAL COAST DISTRICT

10. 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.

a. Pismo Beach LCP Minor Amendment No. 1-06 (Parking Standards).  Concurrence with Executive Director’s determination that proposed amendment to City of Pismo Beach certified Local Coastal Program, to adjust parking standards for restaurants and residential development, is minor. (RH-SC) [APPROVED]

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

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

a. Santa Cruz Co. No. SCO-1-04 (Code Cleanup).  Public hearing and action on request by Santa Cruz County to make changes throughout LCP Implementation Plan (County Code) Countywide. (SC-SC) [POSTPONED]

b. San Luis Obispo Co. LCP Amendment No. SLO-MAJ-1-05 Part 1 (Port San Luis Harbor).  Public hearing and action on request by San Luis Obispo County to amend San Luis Bay Area Plan to incorporate relevant provisions of recently updated Port Master Plan; change Land Use Category of Cal Poly Pier from Industrial to Public Facilities; and change Land Use Category of three leasehold sites totaling 12.03 acres in Harbor Terrace planning sub-area from Agriculture to Public Facilities and include them in the Urban Reserve Line/Urban Services Line. (JB-SC) [POSTPONED]

c. San Luis Obispo Co. LCP Amendment No. SLO-MAJ-2-04 Part 1 (Minimum Parcel Sizes and Agriculture Cluster Divisions) Time Extension.  Public hearing and action to extend time limit to act on request by San Luis Obispo County to modify Ordnance regarding minimum parcel sizes in Agriculture land use category; and add sections regarding cluster divisions in agriculture land use category. (JB-SC) [APPROVED]

13. 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 construct 575 sq.ft. addition to single-family home, construct new roof with decreased pitch, demolish and construct retaining wall along northern property line, and install pier foundation, at 807 The Shore Line, La Selva Beach, Santa Cruz County. (SC-SC) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-3-06-16 (SBC, San Luis Obispo Co.)  Appeal by Charles R. Gillen from decision of County of San Luis Obispo granting permit with conditions to SBC to replace emergency generator in front setback, to support existing telephone switching facility, at 65 13th Street, Cayucos, San Luis Obispo County. (JB-SC) [POSTPONED]

c. Appeal No. A-3-06-18 (Foster, Monterey Co.)  Appeal by Commissioners Reilly & Shallenberger from decision of County of Monterey granting permit with conditions to Steven Foster for 3,975 sq.ft. single-family home, 3,200 sq.ft. barn with solar panels, 1,200 sq.ft. studio ("Steven's studio"), 1,150 sq.ft. studio ("Gillian's studio"), 425 sq.ft. guesthouse, 850 sq.ft. caretaker's apartment, 225 sq.ft. shed, 800 sq.ft. garage, septic system, pool and well, tree removal (14 coast live oaks, 4 canyon oaks, and one redwood), development within 100 feet of environmentally sensitive habitat (maritime chaparral), and 2,475 cu.yds. of grading, at 4855 Bixby Creek Road (lot 7, of rocky Creek Ranch, off of and southwest of Rocky Creek Road and Palo Colorado Road), Big Sur, Monterey County. (KM-SC) [POSTPONED]

d. Appeal No. A-3-MCO-06-23 (I W F Carmel River Investors, Monterey Co.)  Appeal by Commissioners Caldwell & Wan from decision of County of Monterey granting permit with conditions to I W F Carmel River Investors to increase number of guest units at Carmel River Inn from 43 to 96, create Historic District, remodel 23 cottage units, demolish one cottage, remodel main inn and reduce its number of units from 19 to 6, construct 5 new 2-story structures (8 guest units each on second floor with parking below), convert maintenance building into employee unit, abandon part of Oliver Road, grade 5,000 cu.yds. of material, remove 5 native trees, and develop within 100 ft. of environmentally sensititive habitat, at 26600 Oliver Road, near Carmel, Monterey County. (KM-SC) [POSTPONED]

13.3 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. A-3-00-118-A3 (Khaloghli, San Luis Obispo Co.)  Request by Khosro Khaloghli to revise conditions limiting landscaping to native species to allow 38 already-planted palm trees, replace approved 2400 sq.ft. barn with 2400 sq.ft. modular home, and drill two wells to supply water for modular home, at 7292 Exotic Gardens Drive, Cambria, San Luis Obispo County. (SM-SC) [TO CONTINUE]

13.5 MINOR BOUNDARY ADJUSTMENT No. 01-2006 (Monterey Co.).  Public hearing and action on request by Monterey County and Babaei/Whitehead to adjust the Coastal Zone Boundary to remove 3.4 acres within the County’s North County planning area. (JVC-SF) [DENIED]

SOUTH 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 Ventura office at (805) 585-1800.

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

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

a. San Buenaventura LCP Amendment No. SBV-MAJ-1-03 (Harbor and Seaward Avenue) Time Extension.  Public hearing and action on request by City of San Buenaventura for extension to six-month time limit for action on LCP amendment granted with suggested modifications to (1) change 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); (2) revise zoning from Commercial-Tourist Oriented (CTO) and Intermediate Commercial with Tourist Overlay [C-1A(TO)] to Mixed Use Development (MXD); and (3) provide new land use policy statements. (LF-V) [APPROVED]

b. Oxnard Amendment No. OXN-MAJ-1-05 (Oxnard Shores).  Public hearing and action on request by City of Oxnard to amend its LCP to change zoning of two lots in Oxnard Shores neighborhood from Resource Protection (RP)” to “Single Family Beach (R-B-1). (LF-V) [TO CONTINUE]

Items 16c and 17 below share a single, combined staff report.

c. Ventura Co. Channel Islands Harbor PWP Amendment No. 1-05 (Vintage Marina).  Public hearing and action on request by Ventura County Harbor Department to amend certified Channel Islands Harbor Public Works Plan (PWP) to allow Vintage Marina Reconstruction Project. (THD & GT-V) [APPROVED WITH MODIFICATIONS]

17. CHANNEL ISLANDS HARBOR PUBLIC WORKS PLAN NOTICE of IMPENDING DEVELOPMENT NO. 1-06 (VINTAGE MARINA).  Public hearing and action on Notice of Impending Development by Channel Islands Harbor for reconstruction of marina facility, replacing several piers with new 20 feet longer piers and reducing number of boat slips from 501 to between 403 and 419 to provide slips for larger boats and meet new safety standards for Department of Boating & Waterways (DBAW) and Americans with Disabilities Act (ADA), on west side of Channel Islands Harbor. (THD & GT-V) [APPROVED WITH MODIFICATIONS]

18. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-4-06-44 (Rochlin, Malibu)  Appeal by Patt Healy & Malibu Coalition for Slow Growth from decision of City of Malibu granting permit to David Rochlin for 1,214 sq.ft. single-family home, attached garage and alternative wastewater system, at 31894 Sea Level Drive, Malibu, Los Angeles County. (DP-V) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-4-06-43 (Lerner, Malibu)  Appeal by Patt Healy & Malibu Coalition for Slow Growth from decision of City of Malibu granting permit to Moses Lerner for swimming pool, at 3,965 sq.ft. single-family home, at 31858 Sea Level Drive, Malibu, Los Angeles County. (DP-V) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

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

a. Application No. 4-02-131 (Malibu Valley Farms, Los Angeles Co.)  Application of Malibu Valley Farms, Inc. to retain as-built equestrian facility, (including portable equipment shop, arena with 5-ft-high wood wall with possible cover, 200 sq.ft. portable tack room with 4-ft. porch, three roofed corrals, 576 sq.ft. pipe corral, covered shelter, riding arena with possible cover, parking stalls, mare motel, 1-story barn, and fencing); and remove storage shelter, portable storage trailer, twenty-eight 576 sq.ft. portable pipe corrals, four 400 sq.ft. portable pipe corrals, tack room with no porch, 101 sq.ft. portable tack room with 4-ft. porch, cross tie area, and cross tie shelter, at northeast corner of Mulholland Highway & Stokes Canyon Road, Santa Monica Mountains, Los Angeles County. (LF-V) [POSTPONED]

b. Application No. 4-04-130 (Las Virgenes Municipal Water, Los Angeles Co.)  Application of the Las Virgenes Municipal Water District for permanent 745-ft above- and below-ground pipeline to re-route and replace temporary pipeline, near intersection of Stunt Road & Mildas Drive, Los Angeles County. (DP-V) [APPROVED WITH CONDITIONS]

Items 19c, d and e below share a single, combined staff report.

c. Application No. 4-05-43 (Sundher, Los Angeles Co.)  Application of Kabir Sundher for 4,754 sq.ft. 37-ft-high single-family home, 990 sq.ft. partial underground garage, motorcourt, driveway, pool, septic system, retaining walls, 2,993 cu.yds. of grading, and 650 cu.yds. of remedial work, at 21875 Briar Bluff Road, near Malibu, Los Angeles County. (JCJ-V)  [APPROVED WITH CONDITIONS]

d. Application No. 4-05-44 (Sundher, Los Angeles Co.)  Application of Spoony Sundher for 6,052 sq.ft. 30-ft-high single-family home, 875 sq.ft. garage, motorcourt, driveway, pool, septic system, retaining walls, and 5,470 cu.yds. of grading, at 21877 Briar Bluff Road, near Malibu, Los Angeles County.  (JCJ-V)  [APPROVED WITH CONDITIONS]

e. Application No. 4-05-45 (Sundher, Los Angeles Co.)  Application of Tej Sundher for 3,739 sq.ft. 29½-ft-high single-family home, 746 sq.ft. garage, motorcourt, driveway, pool, tennis court, septic system, retaining walls, 5,066 cu.yds. of grading, and 707 cu.yds. of remedial work, at 21865 Briar Bluff Road, near Malibu, Los Angeles County. (JCJ-V)  [APPROVED WITH CONDITIONS]

f. Application No. 4-05-62 (Wallace, Los Angeles Co.)  Application of Mark & Susan Wallace for 2-story 1,567 sq.ft. single-family home, 920 sq.ft. attached garage, driveway, septic system, fence, landscaping, and 47 cu.yds. of cut, at 25643 Monte Nido Drive, Santa Monica Mountains, Los Angeles County. (LF-V) [POSTPONED]

g. Application No. 4-05-150 (Witter, Los Angeles Co.)  Application of Madalon Witter to retain as-built development (including numerous graded roads, driveways, and pads, 23 mobile homes, 4 homes, 1-garage, 7 storage sheds, 1 yurt, 1 outhouse, 4 metal storage containers, 6 lean-tos attached to trailers or motor homes, numerous storage containers, three fences, two concrete structures, four stable areas containing pens, barns & horses, numerous power & telephone lines, numerous abandoned vehicles, numerous water wells and tanks, and assorted trash and debris); identify future building areas, and remove 2 trailers & 4 outbuildings, at 2100 McReynolds Road, Santa Monica Mountains, Los Angeles County. (LF-V) [DENIED]

h. Application No. 4-05-151 (Witter, Los Angeles Co.)  Application of Madalon Witter to adjust lot line, at 2100 McReynolds Road, Santa Monica Mountains, Los Angeles County. (LF-V) [DENIED]

i. Appeal No. A-4-05-164 (Lechuza Villas West, Malibu)  Appeal by Commissioners Caldwell & Kruer, Protection of Coastal Habitat, Patt Healy and Malibu Coalition for Slow Growth from decision of City of Malibu granting permit to Lechuza Villas West LLC for 5,388 sq.ft. single-family home, garage, and wastewater system, on blufftop lot, at 33616 Pacific Coast Highway, Malibu, Los Angeles County. (LF-V) [TO CONTINUE]

9:00 a.m.

FRIDAY, MAY 12, 2006

1. CALL TO ORDER.

2. ROLL CALL.

NORTH COAST DISTRICT

3. 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.

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

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

a. Trinidad LCP Amendment No. TRN-MAJ-1-05 (City Park or Museum).  Public hearing and action on request by City of Trinidad to amend its certified Land Use Plan and Implementation Plan designating 3.2-acre vacant lot at Highway 101 & Main St., from Commercial land use and zoning designations (C) to Public and Religious land use and zoning designations (PR). (JB-E) [APPROVED]

6. NEW APPEAL.  See AGENDA CATEGORIES.

a. Appeal No. A-1-06-23 (MacCallum House, Mendocino Co.)  Appeal by Mary Cesario Weaver from decision of County of Mendocino granting permit with conditions to MacCallum House, L.L.C. to convert storage shed containing walk-in refrigerator into auxiliary kitchen by adding commercial gas stove & vent hood, sinks, water heater, floor drain, ventilation fans, and add 3’ x 4’ water heater enclosure, at 45020 Albion Street, Mendocino, Mendocino County. (TST-E) [NO SUBSTANTIAL ISSUE FOUND]

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

a. Appeal No. A-1-05-53 (Georgia-Pacific, Fort Bragg)  Appeal by North Coast Action & Sierra Club, Mendocino Group from decision of City of Fort Bragg granting permit with conditions to Georgia-Pacific Corporation to remove building foundations debris at Former Georgia Pacific Sawmill site, 90 West Redwood Avenue, Fort Bragg, Mendocino County. (JB-E) [APPROVED WITH CONDITIONS]

8. 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. 1-04-14-A (Caltrans, Humboldt Co.)  Request by California Department of Transportation to modify permit for replacement of southbound Highway 101 Bridge over Van Duzen River to authorize work in top-of-bank area year around, to build temporary stream crossing out of 36-inch deep steel girders decked with dimensional lumber, retain riprap and willow cuttings placed on north bank for stabilization, retain cofferdams and riprap within riverbed over 2005/2006 winter season, and use water bladders in 2006 construction season to isolate cofferdams from active stream channel, at Highway 101 bridge over Van Duzen River, 5 miles south of Fortuna, Humboldt County. (MF-E) [POSTPONED]

b. Permit No. 1-91-6-A2 (Giovanni, Mendocino Co.)  Request by Dan V. Giovanni to modify permit for single-family home to simplify exterior and roof design, reconfigure and reduce footprint and building envelope from 3,400 to 3,258 sq.ft., and lower building height, at 33131 Church School Lane, near Fort Bragg, Mendocino County. (TST-E) [APPROVED WITH CONDITIONS]


Future Meetings: The next meetings of the Coastal Commission will be June 13-16 in Santa Rosa and July 12-14 in Los Angeles or Orange County.

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