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December 2007 Agenda

San Francisco City Hall
Legislative Chamber Rm. 250
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102

[Please note the special rules for using the San Francisco City Hall Legislative Chamber.]

This has been updated at 3:00 p.m., Friday, December 14, 2007.

9:00 A.M.

WEDNESDAY, DECEMBER 12, 2007

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-07-228 (McKay, Huntington Beach) Application of Alexander McKay to increase concrete deck floor by 12” in height with pressure treated wood framed structure with tile finish over plywood subfloor on 68 ft. long concrete deck cantilevered 5 ft. beyond bulkhead, and construct 42” high tempered glass railing extending 40 ft. by 7 ft. high, tempered glass wind screen along 28 ft. of deck, at 4002 Diablo Circle, Huntington Beach, Orange County. (MV-LB)  [APPROVED]

b. Application No. 5-07-312 (Fujioka, Huntington Beach) Application of Ken Fujioka to remove wooden cantilevered deck and replace with 40-ft. long Douglas fir deck cantilevered 5-ft. beyond bulkhead with 42 in. high tempered glass railing along perimeter of deck, at 16842 Baruna Lane, Huntington Beach, Orange County. (MV-LB)  [APPROVED]

c. Application No. 5-07-336 (Hughes, Trust, Long Beach) Application of Peter Hughes, Trust to remove boat dock and replace with new 6 ft. by 28 ft. floating dock in same location, and install new 3.25 ft. by 4 ft. landing and gangway, no new piles, at 120 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB)  [APPROVED]

4. CONSENT CALENDAR. See  AGENDA CATEGORIES .

a. Application No. 5-07-217 (Dipietrantonio, Newport Beach) Application of Steve Dipietrantonio to demolish 741 sq. ft., single family home and construct 2,283 sq. ft., 3-story single-family home with attached 374 sq. ft., 2-car garage with landscaping and no grading on beachfront lot, at 3611 Seashore Blvd., Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-07-265 (Eddy Bashoor Investments, San Clemente) Application of Eddy Bashoor Investments to demolish single family home and construct 5,262 sq. ft., 43.5-ft. high, 4-level, 3-unit residential complex, with 1,202 sq. ft. deck, and 2,660 sq. ft. subterranean garage with 7 parking spaces, and grading (938 cu. yds. of cut) and remove debris outside coastal zone, at 407 Avenida Santa Barbara, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-07-292 (Bercaw, Newport Beach) Application of Tom and Lika Bercaw to demolish 2-story, single family home and construct 2,494 sq. ft., 26 ft. high, 2-story, single family home over 625 sq. ft. basement garage, 272 sq. ft. deck, hardscape improvements and minimal planter landscaping on beachfront lot, at 6208 W Oceanfront, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-07-305 (Tong, Los Angeles) Application of Richard Tong for 3 open-air vending stalls (totaling 726 sq. ft.) in front yard of boardwalk-fronting lot developed with 8 parking spaces and 2-story duplex, at 1915 Ocean Front Walk, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-07-310 (Cantor, Los Angeles) Application of Lawrence and Patti Cantor to demolish 1-story, 1,436 sq. ft. single-family home and construct 3-level, 28-ft high, 3,599 sq. ft. single-family home (including two 35-ft. high roof access structures) with 4 parking spaces on 3,150 sq. ft. lot on walk street, at 24 Clubhouse Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-07-316 (Klein, Jr., Los Angeles) Application of George Klein Jr. to remodel and enlarge 2-story, 2,165 sq. ft. duplex to 2-story, 28-ft. high, 2,885 sq. ft. duplex with 3 parking spaces on 2,640 sq. ft. lot on walk street, at 31 24th Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

g. Application No. 5-07-330 (Breeze So. California Investments Group, LLC, Los Angeles) Application of Breeze Southern California Investments Group, LLC to demolish 1-story, 806 sq. ft., single-family home and construct 2-story, 28-ft. high, 1,872 sq. ft. single-family home (including one 35-ft high roof access structure), with 3 parking spaces on 2,100 sq. ft. lot on walk street, at 125 Vista Place, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

h. Application No. 5-07-338 (Olivelle, Los Angeles) Application of Marguerite Olivelle to remodel and enlarge 1-story, 840 sq. ft. duplex on 2,700 sq. ft. lot to 3-level, 30-ft. high, 2,918 sq. ft. duplex with 4 parking spaces, at 487 and 489 E Carroll Avenue, Venice, Los Angeles, Los Angeles County.(CP-LB) [APPROVED WITH CONDITIONS]

i. Application No. 5-07-340 (Seidner, Newport Beach) Application of Ron and Kim Seidner to demolish one-story single family home and construct 3,241 sq. ft., 28’11” high, 3-story single family home with 430 sq. ft. attached two-car garage, 515 sq. ft. decks, hardscape improvements, no grading and no landscaping on a beachfront lot, at 1414 W. Oceanfront, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

j. Application No. 5-07-361 (Chou, San Clemente) Application of Steve Chou to demolish 2-level duplex and construct 5,605 sq. ft., 42.6’ high, 3-level duplex over 814 sq. ft. subterranean, 4-car tandem garage, 750 cu. yds. of cut and dispose excess material at site outside coastal zone at 408 Avenida Santa Barbara, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

6. Commission Cease and Desist Order No. CCC-07-CD-11 (Drake’s Bay Oyster Company – Marin County) Public hearing and Commission action on proposed Cease and Desist Order to direct Drake’s Bay Oyster Company in Inverness, Marin County to 1) refrain from performing additional unpermitted development in onshore or offshore portions of property; 2) refrain from expanding operations without first obtaining a coastal development permit; 3) comply with protective measures set forth in the order; 4) complete a coastal development permit application for all development currently located on onshore or offshore portions of property and all proposed development; and 5) implement and comply with terms of any coastal development permit issued by Commission with respect to development at issue in this matter. (CAC-SF)   [APPROVED]

SOUTH CENTRAL COAST DISTRICT

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

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

9. 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 staff report for item 9a below on Tuesday, December 4.
A newer version of the addendum has been posted on Friday, December 7.

a. Application No. 4-05-187 (Nikniai, Los Angeles Co.) Application of Parviz Nikniai to construct 1,290 sq. ft., 2-story single-family home with 695 sq. ft. attached garage, driveway, and septic system, at 27132 Carrita Drive, Santa Monica Mountains, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

Addenda have been appended to staff reports for items 9b and 9c below on Monday, December 10.

b. Application No. 4-06-118 (Los Angeles County Dept. of Public Works) Application of Los Angeles County Department of Public Works to: (a) repair roadway damaged by landslide; (b) reconstruct 350 lineal ft. of Tuna Canyon Road to new alignment 15-ft. southwest of current alignment; (c) grade 18,810 cu. yds. (18,700 cu. yds. cut, 110 cu. yds. fill) to realign road, bench and re-grade embankment slopes; (d) install terrace drain system with new drain pipes on upslope side of realigned road segment; (e) place approximately 710 cu. yds. of rip rap and 284 tons of boulders with willow stakes in approximately 7,300 sq. ft. area of Tuna Canyon Creek; (f) re-vegetate riparian area, at Tuna Canyon Road Mile Markers 4.97, 4.98, and 5.04, Santa Monica Mountains, Los Angeles County. (DC-V) [DENIED]

c. Application No. 4-07-037 (Snyder, Los Angeles Co.) Application of Peter and Karen Snyder to construct 2 story, 24 ft. high, 2,131 sq. ft. single family home with attached 408 sq. ft. 2 car garage, septic system, landscaping, and grading of 86 cu. yds. cut, 147 cu. yds. fill, and import 61 cu. yds. of material, at 4302 Ocean View Drive, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS]

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.

a. Permit No. 4-06-132-A1 (Zadeh and Esplana, Los Angeles Co.) Request by Kianoush Zadeh and Lisa Esplana to modify height limits of single family home based on new surveys, at 24803 Piuma Road, Malibu, Los Angeles County. (MCH-V)  [APPROVED]

SOUTH COAST DISTRICT

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

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

13. NEW APPEALS. See AGENDA CATEGORIES .

a. Appeal No. A-5-MNB-07-388 (Obradovich, Manhattan Beach) Appeal by William Victor from decision of City of Manhattan Beach granting permit to James Obradovich for demolition of single-family home and construction of 3-level, 4,075 sq. ft. single-family home with 4-car garage on 2,700 sq. ft. lot fronting a walk street, at 128 9th Street, Manhattan Beach, Los Angeles County. (CP-LB) [NO SUBSTANTIAL ISSUE FOUND]

An addendum has been appended to staff report for item 13b below on Tuesday, December 11.

b. Appeal No. A-5-VEN-07-397 (City of Los Angeles, Los Angeles) Appeal by John Davis from decision of City of Los Angeles for replacement of damaged sluice gate within City of Los Angeles sanitary sewer system, including installation of 980-ft. long temporary above-ground sewer bypass pipe (with portable pumps) along west bank of Grand Canal, between Hurricane Street and Driftwood Street, 3500-3900 Grand Canal Esplanade, Venice, City of Los Angeles, Los Angeles County. (CP-LB) [SUBSTANTIAL ISSUE FOUND, de Novo Hearing TO CONTINUE]

c. Appeal No. A-5-MNB-07-413 (Freedman & Barberi, Manhattan Beach) Appeal by William Victor from decision of City of Manhattan Beach granting permit to Robert Freedman and Anthony Barberi for demolition of triplex and construction of three-level single-family residence with three-car garage on 2,700 sq. ft. lot fronting a walk street, at 121 9th Street, Manhattan Beach, Los Angeles County. (CP-LB) [TO CONTINUE]

14. 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. 5-06-293 (Orange Coast College of Sailing & Seamanship, Newport Beach) Application of Orange Coast College of Sailing & Seamanship to remodel and add to 5,278 sq. ft., 2-story building, including first and second floor additions resulting in 9,994 sq. ft., 2-story building with maximum height of 31-ft. above existing grade; add 11 parking spaces to 42 space on-site parking lot and hardscape and landscape work; and after-the-fact request for repair and reinforcement of existing bulkhead including new guardrail and some grading, at 1801 West Coast Highway, Newport Beach, Orange County. (FSY-LB) [POSTPONED]

There is a single, shared staff report for items 14b and 15a below.

b. Application No. 5-06-458 (County of Orange, Dana Point) Application of County of Orange for dredging of 113,900 cu. yds. of material (9,500 cu. yds. on Baby Beach, Dana Point Harbor and 48,400 cu. yds. on Capistrano Beach) in Dana Point Harbor, Dana Point, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

15. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CC-071-07 (County of Orange) Consistency Certification by County of Orange for disposal of 56,000 cu. yds. of material dredged from Dana Point Harbor, at offshore disposal site LA-3 located 4 miles southwest of entrance to Newport Harbor, Orange County. (FSY-LB) [APPROVED]

16. 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. 5-07-343-A (Macerich Property Management Co., LLC, Santa Monica, Los Angeles Co.) Request by Macerich Property Management Co., LLC to remodel and redesign indoor 55,556 sq. ft. shopping mall into outdoor shopping venue. Reduce gross leaseable square footage by 10,234 sq. ft. and remove 49 parking spaces within 1 of 2 parking structures, at Santa Monica, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

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

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

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

An addendum has been linked from the staff report for item 19a below on Tuesday, December 11.

a. City of Oceanside LCP Amendment No. 01-07 (Downtown “D” District). Public hearing and action on request of City of Oceanside to amend its LCP, revise certain zoning ordinances in Downtown “D” District, amend changes to Articles 4, 12 and 41 and update permissible commercial and visitor-serving uses and definitions including the introduction of condo-hotels within the Downtown “D” District and the Redevelopment Project Area. (TR-SD) [APPROVED WITH MODIFICATIONS]

20. NEW APPEALS. See AGENDA CATEGORIES.

An addendum has been appended to staff report for item 20a below on Tuesday, December 11.

a. Appeal No. A-6-LJS-07-114 (Mehl, San Diego) Appeal by Tim Barnett and Commissioners Kruer and Wan from decision of City of San Diego granting permit with conditions to David and Bonnie Mehl to demolish 1-story home & pool and construct 2-story, 4,569 sq. ft. home with attached 2-car garage on 8,282 sq. ft., ocean-blufftop lot, at 5380 Calumet Avenue, La Jolla, San Diego, San Diego County. (LRO-SD)  [SUBSTANTIAL ISSUE FOUND - de Novo Hearing TO CONTINUE]

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

An addendum has been appended to staff report for item 21a below on Tuesday, December 11.

a. Appeal No. A-6-OCN-07-103 (20 Morgan, Oceanside) Appeal by Commissioners Kruer & Hueso from decision of City of Oceanside granting permit with conditions to 20 Morgan, LLC to demolish 3 residential units & construct 3-unit condominium building, to include street vacation (14 ft. by 100 ft.) along north side of Witherby Street, at 1334 South Pacific Street, Oceanside, San Diego County. (TR-SD) [APPROVED WITH CONDITIONS]

22. 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. 6-06-43-A1 (San Diego/Chula Vista trail improvements, San Diego) Request by County of San Diego, City of San Diego & City of Chula Vista to amend permit for trail improvements to construct bridge over streambed adjacent to east side of Hollister Street, north of Palm Avenue, south of Charles Street, Otay Mesa-Nestor, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

23. REVISED FINDINGS. See AGENDA CATEGORIES .

a. City of San Diego LCP Amendment No. 2-07A (Clews Horse Ranch). City of San Diego granted amendment to certified zoning ordinance to rezone 38.44-acre site from AR-1-1(Agricultural Residential), MF1 (Multi-Family Residential) and OS (Open Space)to AR-1-1 and OS, located southwest of the SR56/Carmel Country Road interchange in Neighborhood 8 of the Carmel Valley subarea of the North City LCP segment. (EL-SD) [POSTPONED]

b. Application No. A-6-CII-07-17 (Riley, Carlsbad) Mickie & Hansi Riley granted permit with conditions to construct 2-story, 5,619 sq. ft. home with basement on undeveloped bluff top lot, at 5011 Tierra Del Oro, Carlsbad, San Diego County. (TR-SD) [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:

Bredesen v. CCC et al., Los Angeles County Superior Court Case No. YS014958 Govt. Code § 11126(e)(2)(A).
Bredesen v. CCC et al., Los Angeles County Superior Court Case No. BS102967 Govt. Code § 11126(e)(2)(A).
CCC v. Trancas Property Owners Assn. et al. Govt. Code § 11126(e)(2)(A).
CCC v. U.S. Department of the Navy et al. Govt. Code § 11126(e)(2)(A).
Natural Resources Defense Council et al. v. Winter et al. Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC Govt. Code § 11126(e)(2)(A).
McNamee v. CCC et al. Govt. Code § 11126(e)(2)(A).
Tomales Bay Assn. v. County of Marin, CCC (Weber, RPI) Govt. Code § 11126(e)(2)(A).

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

24. APPROVAL OF MINUTES.

25. COMMISSIONERS' REPORTS.

26. CONSERVANCY REPORT.

27. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

28. DEPUTY ATTORNEY GENERAL'S REPORT.

29. CHIEF COUNSEL’S REPORT.

a. New legislation concerning gifts to Coastal Commissioners.

30. EXECUTIVE DIRECTOR’S REPORT including report on legislation and water quality.

a. Legislation. The Commission may take action on the following legislation:
ACA 8, AB 141, AB 258, AB 319, AB 350, AB 719, AB 739, AB 740, AB 828, AB 837, AB 992 , AB 1046, AB 1056, AB 1066, AB 1074, AB 1096, AB 1220 AB 1280, AB 1338, AB 1396, AB 1457, AB 1459, AB 1568, SB 4 , SB 10, SB 157, SB 412, SB 634, SB 670, SB 742, SB 821, SB 884, SB 911, SB 965, SCA 1.

b. Public Education Program Update. The staff of the Commission's Public Education Program will brief the Commission on the Program's activities and accomplishments in 2007. (CP-SF)

31. ELECTION of CHAIRPERSON, VICE-CHAIRPERSON and REPRESENTATIVE to SANTA MONICA MOUNTAINS CONSERVANCY.

9:00 a.m.

THURSDAY, DECEMBER 13, 2007

1. CALL TO ORDER.

2. ROLL CALL.

CENTRAL COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES .

a. Application No. 3-07-058 (Kessinger, Live Oak Beach Area). Application of Charles and Jacque Kessinger to remove unpermitted rock riprap, fencing, and concrete, restore beach and road areas, extend portion of permitted revetment inland and adjacent to East Cliff Drive, remove invasive non-native vegetation and re-vegetate with native species, install see-through fencing inland of revetment, and perform future revetment repair and maintenance, at 2-2798 East Cliff Drive (between East Cliff Drive and Monterey Bay), at 26th Avenue Beach fronting Moran Lake, in the Live Oak beach area, Santa Cruz County. (DC-SC)  [APPROVED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

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

a. Briefing on Cosco Busan Oil Spill. Presentation by Coastal Commission's Oil Spill Program staff on the Cosco Busan shipping accident and oil spill. (SF-EFD)

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

6. REVISED FINDINGS. See AGENDA CATEGORIES .

Items 6a and 6b below share a single, combined staff report.
An single addendum for items 6a, 6b, 7a, and 7b has been posted on Thursday, December 12 and linked each of the combined staff reports.

a. Appeal No. A-3-SLO-06-053 (Cambria Community Services District, San Luis Obispo Co.) Appeal by Sierra Club Santa Lucia Chapter, San Luis Obispo County Land Watch, and Commissioners Shallenberger and Wan from decision of County of San Luis Obispo granting permit with conditions to Cambria Community Services District to allow geotechnical and hydrogeologic testing for proposed desalination facility, at San Simeon State Beach, County of San Luis Obispo. (TL-SF)  [APPROVED]

b. Application No. E-07-001 (Cambria Community Services District, San Luis Obispo Co.) Cambria Community Services District denied permit to allow geotechnical and hydrogeologic testing for proposed desalination facility, at San Simeon State Beach, County of San Luis Obispo. (TL-SF) [APPROVED]

7. RECONSIDERATIONS. See AGENDA CATEGORIES .

Items 7a and 7b below share a single, combined staff report.

a. Appeal No. A-3-SLO-06-053 (Cambria Community Services Dist., San Luis Obispo Co.) Appeal by Sierra Club Santa Lucia Chapter, San Luis Obispo County Land Watch, and Commissioners Shallenberger and Wan from decision of County of San Luis Obispo granting permit with conditions to Cambria Community Services District to allow geotechnical and hydrogeologic testing for a proposed desalination facility, at San Simeon State Beach, County of San Luis Obispo. (TL-SF) [Reconsideration DENIED]

b. Application No. E-07-001 (Cambria Community Services Dist., San Luis Obispo Co.) Cambria Community Services District denied permit to allow geotechnical and hydrogeologic testing for proposed desalination facility, at San Simeon State Beach, County of San Luis Obispo. (TL-SF) [Reconsideration DENIED]

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

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

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. [APPROVED]

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

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

a. UCSC Coastal Long Range Development Plan. Public hearing and action on University of California at Santa Cruz (UCSC)’s proposed Coastal Long Range Development Plan (CLRDP) for expanded Marine Science Campus on University’s 100-acre Terrace Point property currently developed with 325,000 sq. ft. of facilities and related infrastructure, including 140,000 sq. ft. of buildings (associated with UCSC’s Long Marine Laboratory complex, CDFG’s Marine Wildlife Center, and NOAA’s Fisheries Lab). Proposed CLRDP would allow up to approximately 600,000 sq. ft. of new campus facilities (including 340,000 sq. ft. in new buildings up to 36-ft in height), mostly in 3 development nodes, totaling about 34 acres, and provide for expanded public access trail system and natural habitat restoration and preservation in areas outside of development nodes, at the western border of City of Santa Cruz, Santa Cruz County. (DC-SC) [APPROVED WITH MODIFICATIONS]

b. San Luis Obispo County LCP Amendment No. SLO-MAJ-1-06 Part 1 (Cambria and San Simeon Acres Community Plans). Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County accepting certification of LCP Major Amendment 1-06 Part 1 (in relation to certification of the Cambria and San Simeon Acres Community Plans) with modifications is legally adequate. (JB-SC) [APPROVED]

c. Monterey County LCP Amendment No. MCO-MAJ-2-07 Part 3 (Gorman/Tanglewood Parcel Rezone). Public hearing and action on request by Monterey County to amend the certified local coastal program to rezone 17-acre parcel on Paradise Road (near Lake View Drive) in the Prunedale area of north Monterey County from LDR/B-7(CZ) to LDR(CZ). (KM-SC) [POSTPONED]

13. NEW APPEALS. See AGENDA CATEGORIES .

Items 13a and 14a below share a single, combined staff report.

a. Appeal No. A-3-SCO-07-015 (Santa Cruz County Redevelopment Agency and Public Works Department, Santa Cruz Co.) Appeal by Commissioners Wan & Reilly and Charles Paulden from decision of Santa Cruz County granting permit with conditions to the Santa Cruz County Redevelopment Agency and Public Works Department for the redevelopment of East Cliff Drive between 32nd and 41st Avenues (including drainage, water quality, park, trail and related public recreational improvements) in the Pleasure Point portion of unincorporated Live Oak beach area, Santa Cruz County. (DC-SC) [SIBSTANTIAL ISSUE FOUND, Permit APPROVED WITH CONDITIONS at de Novo Hearing]

14. 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. 3-07-019 (Santa Cruz County Redevelopment Agency and Public Works Department, Santa Cruz Co.) Application of Santa Cruz County’s Redevelopment Agency and Public Works Department to construct full bluff seawalls at two locations seaward of East Cliff Drive (between 32nd and 36th Avenues and at 41st Avenue), to remove abandoned restroom, rip-rap, and rubble on beach, and to construct 3 beach and surf access stairways (one new stairway and two replacement stairways), in the Pleasure Point portion of unincorporated Live Oak beach area, Santa Cruz County. (DC-SC) [APPROVED WITH CONDITIONS]

b. Application No. 3-06-065 (Cannery Row Marketplace LLC, Monterey) Application of Cannery Row Marketplace LLC for a mixed use project (“Ocean View Plaza”) including: (a) retail and retail support; (b) restaurant space; (c) 38 market-rate condominiums; (d) 13 inclusionary housing units; (e) 377 parking spaces; (f) onsite desalination plant; (g) replication of San Xavier Warehouse; (h) community park; (i) rehabilitation of Stohan’s historic building; (j) history plaza; and (k) replication of historic utility bridge over Cannery Row (connecting proposed bayside Building B to inland Building C), at 457, 465, 470, 484, 565, and 570 Cannery Row, Monterey, Monterey County. (SC-SC) [POSTPONED]

c. Application No. 3-07-002 (Scott, Morro Bay) Application of Ken Scott to demolish 750 sq. ft. office building and construct 2-story mixed use commercial development including commercial retail on ground-floor (totaling 2,300 sq. ft.) and visitor-serving accommodations on second floor (6 overnight visitor-serving units of 325 sq. ft. each), and public access decking along seaward side to connect to existing 30 x 32 ft. public view pier platform, at 501 Embarcadero, Morro Bay, San Luis Obispo County. (MW-SC) [APPROVED WITH CONDITIONS]

d. Application No. 3-07-003 (Front Street Hotel, Morro Bay) Application of Robin Martella and George Leage to construct 2-story, 7-unit hotel with underground parking, at 1170 Front Street near the Embarcadero, Morro Bay, San Luis Obispo County. (MW-SC) [APPROVED WITH CONDITIONS]

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

a. Permit No. 3-04-052-A1 (Witter, Monterey Co.) Request by Witter Family Trust to relocate previously approved fencing within scenic easement area and record Offer to Dedicate access easement over portion of Old Coast Road trail, at 112 and 112A Yankee Point Drive in Carmel Highlands area of Monterey County. (KM-SC) [This will be reported as an immaterial amendment during the Deputy Director's Report, Item 10 above.] [APPROVED]

9:00 a.m.

FRIDAY, DECEMBER 14, 2007

1. CALL TO ORDER.

2. ROLL CALL.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

3. FEDERAL CONSISTENCY REPORT/FEDERAL CONSISTENCY. See AGENDA CATEGORIES. 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)

a. CD-017-06 (Corps of Engineers, Humboldt) Consistency determination by U.S. Army Corps of Engineers for 4-year maintenance dredging program (2008-2011), consisting of spring and optional fall dredging of Humboldt Bay bar and entrance channels, with disposal at Humboldt Open Ocean Disposal Site. (CT-SF) [APPROVED]

b. CD-043-07 (Corps of Engineers, San Diego Co.) Consistency determination by U.S. Army Corps of Engineers for vegetation and sediment management within the San Luis Rey River flood control project area, City of Oceanside, San Diego Co. (LJS-SF) [POSTPONED]

Addenda have been linked from the staff report for item 3c below, and can also be accessed here and here.

c. CC-061-07 (Peter Dupuy/Ocean Pacific Seafood, Statewide) Consistency Certification by Peter Dupuy for National Marine Fisheries Service-issued exempted fishing permit to fish for swordfish with long-line gear in West Coast EEZ (Exclusive Economic Zone), including offshore of California, which is currently prohibited for long-line fishing for swordfish. Gather information on economic viability and environmental effects, including potential protected species and non-target finfish interactions, of fishing in West Coast Exclusive Economic Zone. (MPD-SF) [WITHDRAWN]

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.

a. Report on Impacts of July 2007 Gualala Fireworks Display.

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

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

a. City of Fort Bragg LCP Amendment No. FTB-MAJ-1-6 (LCP Update). Public hearing and action on request by City of Fort Bragg for comprehensive update of its certified land use plan and implementation plan. (TST-E) [TO CONTINUE]

7. NEW APPEALS. See AGENDA CATEGORIES .

a. Appeal No. A-1-MEN-07-43 (Gualala Community Services Dist., Mendocino Co.) Appeal by Commissioners Shallenberger & Wan from decision of County of Mendocino granting permit with conditions to Gualala Community Services District to extend 6-in. diameter wastewater main to 1.25 miles to serve proposed school in Gualala, within County road right-of-way beneath Old Stage Road, beginning approx. 0.9 mile north of Highway One, at Bodhi Tree Lane & extending 1.25 miles northwest to proposed Gualala school site along Old Stage Road, Gualala, Mendocino County. (MBK-E) [SUBSTANTIAL ISSUE FOUND, de Novo Hearing TO CONTINUE]

b. Appeal No. A-1-MEN-07-44 (Arena Union Elementary School Dist., Mendocino Co.) Appeal by Commissioners Shallenberger & Wan from decision of County of Mendocino granting permit with conditions to Arena Union Elementary School District for construction of new K-through-5 elementary school complex totaling 29,447 sq. ft. of gross building area, 105,453 sq. ft. of paved area, and 50,100 sq. ft. of landscaped area on 10.5-acre parcel including associated major vegetation removal across 5 acres, grading (5,400 cu. yds. of cut and 3,800 cu. yds. of fill), road improvements, lighting and signage, at 39290 Old Stage Road, Gualala, Mendocino County. (MBK-E) [POSTPONED]

c. Appeal No. A-1-MEN-07-47 (McConnell, Mendocino Co.) Appeal by Commissioners Kruer & Wan from decision of County of Mendocino granting permit with conditions to William & Marcia McConnell for construction: (a) +1,336 sq. ft., single-story, single family home with max. height of 20-ft. above finished grade; (b) 327 sq. ft. of decks; (c) 85 sq. ft. of covered porch; (d) 305-sq.ft. detached garage with max. height of 13-ft. above finished grade; (e) 1,200 sq. ft. of concrete driveway; (f) installation of underground propane tank, (g) 24-sq.ft. trash enclosure; (h) on-site septic system; (i) and connection to utilities and community water, at 14820 Navarro Way, Manchester, Mendocino County. (MBK-E) [SUBSTANTIAL ISSUE FOUND, de Novo Hearing TO CONTINUE]   

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 the manner material amendments are processed.

a. Permit No. A-1-MEN-02-29-A (Elk Home, L.L.C., Mendocino Co.) Request by Elk Home, L.L.C. for addition of 373 sq. ft. on north side of 3,710 sq. ft. single family home with maximum height of 18 ft. above natural grades (totaling 4,082 sq. ft.), including 3,446 sq. ft. of living space and 636 sq. ft. attached garage, laundry and generator enclosure. Proposed amendment includes changing exterior siding and trim material from cement plaster with black color to clear all heart redwood vertical tongue and groove siding with clear penetrating oil finish, at 5260 South Highway One, Elk, Mendocino County. (MBK-E) [APPROVED WITH CONDITIONS]


Future Meetings: The next meetings of the Coastal Commission will be January 9-11 in Los Angeles County and February 6-8 in San Diego.

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