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September 2007 Agenda

Wharfinger Building
1 Marina Way
Eureka, CA 95501
(707) 268-1859

This has been updated at 11:15 a.m., Friday, September 7, 2007.

9:00 A.M.

WEDNESDAY, SEPTEMBER 5, 2007

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-07-141 (Luxenberg, Huntington Beach) Application of Mathew Luxenberg for extension of an existing concrete deck that cantilevers 5’ beyond the bulkhead.  Proposed extension will be 16 ft. long and will connect with the rest of the existing deck which wraps around the corner of the lot and extends approximately an additional 65 ft.  Also proposed is a 36 inch high iron fence along the perimeter of the deck at16412 Grimaud, Huntington Beach, Orange County. MV-LB) [APPROVED]

b. Application No. 5-07-164 (Harbour Bay Homes Development LLC, Huntington Beach)  Application of Harbour Bay Homes Development LLC to remove wooden cantilevered deck and replace with a 60 ft. long concrete deck cantilevered 5 ft. beyond the bulkhead.  Also proposed is a 36 inch high tempered glass railing along the perimeter of the deck, at 3352 Bounty Circle, Huntington Beach, Orange County. (MV-LB) [APPROVED]

c. Application No. 5-07-250 (Burdge, Long Beach) Application of Mr. Don Burdge to remove and replace private residential floating boat dock in same location with no new piles, at 5601 E. Sorrento Drive, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

4. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-06-362 (Laurie Jules Partnership, Laguna Beach) Application of Laurie Jules Partnership to construct 2-story, 38-ft. high (measured from frontage road), 2,861 sq. ft. single-family home over 915 sq. ft., 3-car garage, 2,153 cu. yds. of grading, landscaping and fuel modification plan, at 23 N. Vista De Catalina, Laguna Beach, Orange County. (RT-LB)  [APPROVED WITH CONDITIONS]

b. Application No. 5-07-129 (Scheinberg, Newport Beach) Application of Keith Scheinberg for remodel  and addition of 660 square feet of living space to an existing one-story, 3,434 square foot single-family residence with an attached 676 square foot two-car garage on a bluff top lot.  No grading, landscaping or work in the rear yard is proposed, at 1942 Galaxy Drive, Newport Beach, Orange County.  (FSY-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-07-160 (Mayer, Pacific Palisades) Application of Kevin C & Donna H Mayer to demolish single family home and construct 11,419 sq. ft., 30 ft.-high, 2-story single family home, over basement level, and attached 3-car garage on 13,616 sq. ft., RE11-1 zoned lot, at 14948 W Altata Drive, Pacific Palisades, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-07-190 (Yeung, Venice) Application of Suiping Yeung to demolish 1-story, 1,110 sq. ft. single-family home on 3,150 sq. ft. lot facing walk street, and enlarge remaining 1-story, 772 sq. ft. single family home, resulting in 2-story, 28-ft. high, 2,919 sq. ft. single family home with attached 2-car garage, at 731 Amoroso Pl, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-07-194 (City of San Clemente, San Clemente) Application of City of San Clemente to reconstruct storm drain in Riviera Canyon consisting of removal and replacement of junction and catch basin at top of slope; abandon buried 10” diameter PVC pipe in place; remove 18” diameter corrugated metal pipe extending approximately 50-ft from face of slope descending to bottom of Riviera Canyon and replace with new 18” HDPE storm drain pipe encased in steel pipe directionally bored into canyon; and add new rip rap at pipe outlet at bottom of canyon, at Avenida de la Riviera/Capri Storm Drain Public Right-of-Way, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

An addendum has been appended to the staff report for item 4f below on Tuesday, September 4.

f. Application No. 5-07-212 (2126 The Strand, L.L.C, Hermosa Beach) Application of 2126 The Strand, L.L.C to demolish duplex and construct 4,235 sq. ft., 30-ft. high, 2-story single family home with roof deck, over basement and sub-basement levels, with attached 2-car garage on 2,246 sq. ft., beachfront lot, at 2126 The Strand, Hermosa Beach, Los Angeles County.(GB-LB)  [APPROVED WITH CONDITIONS]

g. Application No. 5-07-253 (Brisson, Long Beach) Application of Jean Brisson to remove and replace private pier and gangway in same location using 2 existing piles, at 5501 Sorrento Drive, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

5. CONSENT CALENDAR. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 5a below on Friday, August 31.

a. Application No. 6-07-47 (SeaWorld, San Diego) Application of SeaWorld of California to install free-standing 4-ft high chain-link fence to delineate preferred parking area within main SeaWorld parking lot and construct attendant control booth at parking area, at 500 Sea World Drive, Mission Bay Park, San Diego, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-07-70 (San Diego outfall anchoring) Application of City of San Diego Metropolitan Wastewater Department to install tieback anchors and grade beam into bluff to brace (for seismic safety) two 84-inch outfall penstocks (pipes) located on face of coastal bluff at Point Loma Wastewater Treatment Plant (PLWTP), at 1902 Gatchell Road, Peninsula, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-07-72 (UCSD, San Diego) Application of University of California, San Diego to remove 5,100 sq. ft. paved area and install landscaping on UCSD campus, at 9500 Gilman Drive (south of the intersection of Voigt Drive and Matthews Lane), La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-07-80 (SD Airport Authority, San Diego) Application of San Diego Regional Airport Authority to convert 9,600 sq. ft. food services building to airport administration offices, at 2415 Winship Lane, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

SOUTH 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 Ventura office at (805) 585-1800. [APPROVED]

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

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

a. County of Santa Barbara LCP Amendment No. MAJ-2-06 (Noticing & Appeals). Public hearing and action on request by County of Santa Barbara to amend its LCP to revise the public noticing and appeal process requirements, Santa Barbara County. (SLG-V) [POSTPONED]

9. NEW APPEALS. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 9a below on Thursday, August 30.

a. Appeal No. A-4-MAL-07-095 (Domingue, Malibu) Appeal by Malibu Coalition for Slow Growth and Steve Littlejohn from decision of City of Malibu granting permit to Darren Domingue for construction of 5,200 sq. ft. single family residence, 1,368 sq. ft., attached garage, pool/spa, and alternative onsite wastewater treatment system at 23405 Malibu Colony Drive, Malibu, Los Angeles County. (DC-V) [SUBSTANTIAL ISSUE FOUND, DE NOVO HEARING TO CONTINUE]

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 4-04-030 (Cordova, Los Angeles County). Application of Denis Cordova to construct 2,194 sq. ft., two story, 29 ft. high single family residence with attached 534 sq. ft. garage; 116 sq. ft. of second story decks; septic system; driveway, retaining walls; 261 cu. yds of removed and recompacted soil; and 541 cu. yds. of grading (314 cu. yds cut; 87 cu. yds fill; 227 cu. yds. export) at 253 Vera Canyon Road, Malibu, Los Angeles County. (MCH-V)  [APPROVED WITH CONDITIONS]

b. Application No. 4-05-146 (Los Angeles County Department of Public Works) Application of Los Angeles County Department of Public Works to re-compact road shoulder and install jute netting and native vegetation in follow-up to an emergency permit issued for slope remediation along Corral Canyon Road, at Mile Marker 2.71, Santa Monica Mountains, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

c. Application No. 4-06-090 (Johnson, Malibu) Application of John Johnson to improve and widen 1,942 ft.-long driveway to 20 ft.; construct four retaining walls ranging from 126 ft. to 305 ft. long and 2 to 5 ft. high; five drainage devices within easement across four parcels; 4,491 cu. yds. of grading (1,433 cu. yds. of cut and 3,058 cu. yds. of fill); 1,625 cu. yds. of import and landscaping located at 34211 Mulholland Highway, Malibu, Los Angeles County (JJ-V).  [APPROVED WITH CONDITIONS]

d. Application 4-06-152 (Los Angeles County Department of Public Works): Application of Los Angeles County Department of Public Works to repair road embankment below culvert by excavating slope below culvert, placement of approximately 400 tons of un-grouted riprap at mouth of culvert outlet, benching and re-grading of road embankment, and replacement of asphalt road shoulder, at Latigo Canyon Road Mile Marker 6.41, Santa Monica Mountains, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

e. Application 4-06-168 (Yazejian, Los Angeles Co) Application of Bruce and Lisa Yazejian to construct 3,520 sq ft., 20 ft. high, 1-story single family home, attached 544 sq. ft. garage, 1,000 sq. ft. covered patio, 192 sq. ft. pool house, swimming pool, spa, wastewater disposal system, driveway, fire department turnaround, retaining walls, improvements to existing access road, 3,200 cu. yds. of grading (1,100 cu. yds. cut, 2,100 cu. yds. fill, and 900 cu. yds. import), and an offer-to-dedicate 6-ft. wide trail easement for hiking and equestrian purposes, at 25232 W. Baynes Road, Santa Monica Mountains, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

11. DISPUTE RESOLUTION. See AGENDA CATEGORIES.

a. Appeal No. 4-92-157-A2-EDD (American Glendale, Inc., Los Angeles Co) Appeal of Executive Director’s Rejection of application to amend coastal development permit 4-92-157 for development proposed for site near 3700 Latigo Canyon Road, Malibu, Los Angeles County. (AT-V) [POSTPONED]

SOUTH COAST DISTRICT

12. 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. City of Newport Beach NPB-MAJ-1-6 (Part A). Certification Review. Concurrence with Executive Director's determination that action by City of Newport Beach, accepting certification to change the land use designation of 4.25 acre area from Visitor-Serving Commercial to Medium Density Residential with suggested modifications is legally adequate. (RT-LB) [APPROVED]

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

14. NEW APPEALS. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 14a below on Tuesday, September 4.

a. Appeal No. A-5-HNB-07-242 (Signal Landmark/Hearthside Homes, Inc., Huntington Beach) Appeal by Commissioners Wan & Shallenberger of decision by City of Huntington Beach granting permit with conditions to Signal Landmark/Hearthside Homes, Inc. to construct entry monumentation for "Brightwater" residential development consisting of 10.5 ft. decorative block wall and trellis structure within portions of public right-of-way, at 17261 Bolsa Chica Street (east and west side of Bolsa Chica Street, south of Los Patos Avenue), Huntington Beach, Orange County. (MV-LB) [SUBSTANTIAL ISSUE FOUND, DE NOVO HEARING TO CONTINUE]

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

Addenda have been appended to the staff reports for items 15a, 15b, and 15c below on Tuesday, September 4.

a. Application No. 5-05-235 (Balboa Performing Arts Theater Foundation, Newport Beach) Application of Balboa Performing Arts Theater Foundation to remodel, restore fašade, add tower and support level, increase height to 45’-6” with roof top projections up to 55’ and reduce seating from 450 to 325 seats. The proposal includes a prohibition of weekend matinee performances during the Summer between Memorial Day and Labor Day to address parking issues, at 707 E. Balboa Blvd., Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-06-301 (McNamara, San Clemente) Application of Brian and Sarah McNamara to demolish 1-story, 1,539 sq. ft., single-family home with attached garage and construct 24-ft.-high, 3,900 sq. ft., single-family home, with attached 2-car garage and 1,048 sq. ft. decks on 13,873 sq. ft. canyon lot, at 219 W. Marquita, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-06-328 (Schwendener, Seal Beach) Application of Alan Schwendener to demolish 1-story, 4,640 sq. ft., 10-unit structure presently used for residential purposes, subdivision of 13,667 sq. ft. lot into 4 separate parcels ranging from 2,938 to 4,855 sq. ft., and construct four 2-story, single-family homes ranging from 2,000 to 3,000 sq. ft. with attached 2-car garages. Grading will consist of 200 cu. yds. of cut, 400 cu. yds. of fill, and 200 cu. yds. of import, at 400 Marina Drive, Seal Beach, Orange County. (FSY-LB) [TO CONTINUE]

d. Application No. 5-06-405 (Smull, Laguna Beach) Application of L.C. Smull for after-the-fact approval of caisson-tieback stabilization system and cement treated soil block and construct structural shotcrete barrier attached to existing caissons and construct rock-nail/structural shotcrete system to protect single-family home on coastal bluff, at 90 S La Senda, Laguna Beach, Orange County. (RT-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-07-85 (Lennar Homes, Newport Beach) Application of Lennar Homes to demolish tennis complex and construct 79 residential townhome units on 4.25 acre site, including 3 buildings ranging from 50-60 ft. in height above grade, totaling approximately 205,679 sq. ft. and approximately 97,231 sq. ft. subterranean parking, landscaping, hardscaping and open space, and payment of $5 million mitigation fee, at 900 Newport Center Drive, Newport Beach, Orange County. (RT-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-07-94 (City of Long Beach Water Department, Long Beach) Application of City of Long Beach Water Department for Installation and removal of a temporary demonstration seawater intake and discharge system on the public beach seaward of the public beach parking lot, comprised of one 40’x 86’ subsurface intake gallery, one 50’x 113’ subsurface discharge gallery, one thirty-foot deep well, and connecting pipes and powerlines.  Approximately 6,000 cubic yards of clean permeable sand will be imported, at Bixby Park Public Beach & Parking Lot (2000-2300 E. Ocean Blvd., Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

g. Application No. 5-07-233 (Wilson, San Pedro) Application of Reggie Wilson to remove 2 to 3 ft. wide concrete walkway on coastal bluff and restore slope to original conditions, at 1467 Paseo Del Mar, San Pedro, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

There is a combined staff report for items 15h and 16a.

h. Application No. 5-07-125 (County of Orange, Watershed & Coastal Resources, Newport Beach) Application of County of Orange, Watershed & Coastal Resources to temporarily install 150 ft. long dock attached to existing marina to moor boats to accommodate dredging of 177,000 cu. yds. from navigational channels, shoaled areas under docks, swimming lagoon and areas adjacent to storm drain outlets to design depths varying from minus 7-ft MLLW in swimming lagoon to minus 8-ft. MLLW in marina and boat dock areas with off-shore disposal, Newport Dunes Waterfront Resort, at 1131 Back Bay Drive, Newport Beach, Orange County. (LR-LB)  [APPROVED WITH CONDITIONS]

16. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. Consistency Certification No. CC-29-07 (County of Orange, Watershed & Coastal Resources, Newport Beach) Consistency Certification for off-shore disposal of 177,000 cu. yds. of dredge material, at ocean disposal site LA-3 located 4 miles southwest of the entrance to Newport Harbor, Orange County. (LR-LB) [APPROVED]

17. 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. 5-04-94-A (Manhattan Corners LLC, Hermosa Beach) Request by Manhattan Corners LLC for after-the-fact approval of changes to approved Drainage Control Plan. Changes include removal of proposed on-site infiltration for treatment of run-off, replaced by installation of 6 Flogard downspout filters in-line on drain piping, at 30 Hermosa Avenue, Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

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

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

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

a. City of San Diego LCP Amendment No. 2-07C (Grand Avenue Mixed Use). Public hearing and action to amend certified Pacific Beach Community Plan to re-designate a 0.11 property along Grand Avenue between Cass and Dawes from Medium-Density Residential to Community Commercial and amend certified Implementation Plan to rezone the same site from Community Commercial/Multiple Family Residential to Community Commercial; and, to rezone two additional properties in close proximity to site (totaling 0.14 and 0.11 acres) from Medium-Density Residential to Community Commercial. (LRO-SD) [APPROVED]

21. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-6-OCN-07-87 (Myers St. Condos, Oceanside) Appeal by Carolyn Krammer from decision of City of Oceanside granting permit with conditions to Myers Street Condominiums to convert 5 newly remodeled apartments into 5 condominiums, at 221 South Myers Street, Oceanside, San Diego County. (TR-SD) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-6-NOC-07-036 (Clews, San Diego) Appeal by Commissioners Kruer and Wan of decision by City of San Diego granting permit with conditions to Clews Land & Livestock to construct a horse ranch/boarding facility on 11 of 38.44 acres, including two single-family residences, a mobile home for employee housing, and various horse-related improvements, including barns, corrals, stables, etc. at 11490-11600 Clews Horse Ranch Road, North City, San Diego, San Diego County. (EL-SD) [NO SUBSTANTIAL ISSUE FOUND]

22. 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. 6-07-66 (San Diego storm drain intercept system rehab) Application of City of San Diego to rehabilitate and replace Mission Bay storm drain low flow intercept facilities to include replacement of flap gates and tide flex valves, vault covers, etc., at 11 sites (8 in Mission Bay Park and 3 in Ocean Beach), Mission Bay Park and Ocean Beach, San Diego, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS]

23. 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. 6-89-260-A (Clapperton, San Diego) Request by Bill Clapperton to convert 5,100 sq. ft., three-story mixed-use building including two residential and two commercial units to condominium ownership and after-the-fact conversion of ground floor retail space to office space, at 802 & 802 1/2 Tangiers Ct. and 3867 Mission Blvd., Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED]

An addendum has been appended to the staff report for item 23b below on Friday, August 31.

b. Permit No. A-6-LJS-06-79-A1 (CWS, San Diego) Request by CWS, Inc. to amend permit for new blufftop home and storm drain relocation to delete special condition which required approval from State Board for storm drain discharge (Special Condition #11) and to segment permit to allow storm drain relocation to proceed ahead of home construction and allow limited rainy season construction, at 1620 Torrey Pines Road, La Jolla, San Diego, San Diego County. (LJM-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:

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)
Coastal Law Enforcement Action Network et al. v. CCC (Pacific Gas & Electric Co., RPI) Govt. Code § 11126(e)(2)(A)
Mulholland Land Co. et al. v. CCC Govt. Code § 11126(e)(2)(A)
Wettengel v. CCC, et al. Govt. Code § 11126(e)(2)(A)
Wilson 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).

24. APPROVAL OF MINUTES.

25. COMMISSIONERS' REPORTS.

26. CONSERVANCY REPORT.

27. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

28. SANTA MONICA BAY RESTORATION COMMISSION REPORT.

29. DEPUTY ATTORNEY GENERAL'S REPORT.

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 120, AB 141, AB 258, AB 319, AB 739, AB 740, AB 828, AB 992 , AB 1046, AB 1056, AB 1066, AB 1074, AB 1096, AB 1280, AB 1338, AB 1396, AB 1457, AB 1459, AB 1568, SB 4 , SB 10, SB 54, SB 157, SB 300, SB 333, SB 412, SB 634, SB 670, SB 742, SB 821, SB 884, SB 898, SB 911, SB 939, SB 965, SCA 1

8:00 a.m.

THURSDAY, SEPTEMBER 6, 2007

1. CALL TO ORDER.

2. ROLL CALL.

3. COMMISSION FIELD TRIP. INTRODUCTION TO HIGHWAY 101/SALT RIVER RESTORATION PROJECTS FIELD TRIP.  The Commission will meet at the Wharfinger Building for a brief synopsis of the proposed stops, coordinate logistics, then depart by bus at 8:30 a.m. The Public Hearing will resume in the afternoon no earlier than 1:00 p.m. at the Wharfinger Building. Prior to the field trip (described below), staff will present a brief overview of the issues related to the Department of Transportation’s future project for improvement of the Highway 101/Highway 36 Alton Interchange south of Fortuna, and the Humboldt County Resource Conservation District’s future Salt River Ecosystem Restoration Project along the Salt River and lower reaches of the Eel River. Public testimony will not be taken on these items.  Each of these items will be the subject of future public hearings after the applications are submitted and the items are scheduled for Commission action.

4. HIGHWAY 101/SALT RIVER RESTORATION PROJECT FIELD TRIP. On Thursday, September 6, 2007, the Commission will take a field trip to the Fortuna and Ferndale areas of Humboldt County to view the sites of two future projects requiring coastal development permits including (1) the Department of Transportation’s proposed construction of the Highways 101 and 36 Interchange at Alton, 2 miles south of Fortuna, and (2) the Humboldt County Resource Conservation District’s proposed Salt River Ecosystem Restoration Project to restore habitat, improve water quality and reduce flooding along the Salt River and lower reaches of the Eel River in Humboldt County. Because space on the bus will be extremely limited, members of the public who cannot be accommodated on the bus may follow in their private vehicles or meet the Commission along the route of the field trip where stops will be scheduled to discuss issues. An itinerary of stops for the field trip will be available at the Commission's Eureka office approximately 3 to 4 days before the field trip.  Members of the public interested in going on the field trip should contact the Eureka office.  For more information please call Bob Merrill at (707) 445-7833.

STATEWIDE

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

6. Commission Cease & Desist Order No. CCC-07-CD-08 (Figas, Eureka, Humboldt Co) Public hearing and Commission action on proposed Cease and Desist Order directing Robert and Kathyrn Figas, as owners of property located at 4900 Broadway Avenue, Eureka, Humboldt County to 1) cease from engaging in further unpermitted development activities; and 2) address unpermitted development consisting of site clearance, grading, and placement of a concrete structure, debris, and gravel and/or fill material near or adjacent to wetlands and ESHA. (CAC-SF) [POSTPONED]

7. Commission Restoration Order No. CCC-07-RO-06 (Figas, Eureka, Humboldt Co) Public hearing and Commission action on proposed Restoration Order directing Robert and Kathyrn Figas, as owners of property located at 4900 Broadway Avenue, Eureka, Humboldt County to 1) address unpermitted development consisting of site clearance, grading, and placement of a concrete structure, debris, and gravel and/or fill material near or adjacent to wetlands and ESHA; and 2) restore the impacted areas of the property to the condition that the areas were in prior to the unpermitted activities. (CAC-SF) [WITHDRAWN]

8. Commission Notice of Violation No. CCC-07-NOV-10 (Figas, Eureka, Humboldt Co) Public hearing and Commission action on proposed recordation of Notice of Violation identifying unpermitted development by Robert and Kathyrn Figas on property located at 4900 Broadway Avenue, Eureka, Humboldt County. (CAC-SF) [POSTPONED]

There is a single, combined staff report for items 9 & 10 below,
and an addendum was appended to it on Thursday, September 6.

9. Commission Cease & Desist Order No. CCC-07-CD-05 (Emerson II, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on proposed Cease and Desist Order directing Mr. James Emerson, owner of property located at Block 23, Lot 13 (APN 108-051-018) in Pacific Shores Subdivision, Del Norte County, to address unpermitted development including but not limited to fill (in and/or adjacent to wetlands), change in intensity of use of land from vacant lot to residential uses, removal of major vegetation, and placement of at least one mobile home; to address unpermitted development including but not limited to placement of fill (in and/or adjacent to wetlands), change in intensity of use of land from vacant lot to residential uses, removal of major vegetation, and placement of at least one trailer and/or mobile home, and several vehicles on property located at Block 23, Lot 14 (APN 108-051-019) in Pacific Shores Subdivision, Del Norte County; to address unpermitted development including but not limited to placement of fill (in and/or adjacent to wetlands), change in intensity of use of land from vacant lot to residential uses, removal of major vegetation, and placement of at least four boats and at least one box van on property located at Block 65, Lot 10 (APN 107-182-10) in Pacific Shores Subdivision, Del Norte County. (EMH-SF)  [APPROVED]

10. Commission Restoration Order No. CCC-07-RO-03 (Emerson II, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on proposed Restoration Order directing Mr. James Emerson, as owner of a property located at Block 23, Lot 13 (APN 108-051-018), Block 23, Lot 14 (APN 108-051-019), and Block 65, Lot 10 (APN 107-182-10), Pacific Shores Subdivision, Del Norte County, to 1) address and restore areas of unpermitted development, including but not limited to fill (in and/or adjacent to wetlands), change in intensity of use from a vacant lot to residential uses, removal of major vegetation, and placement of mobile homes or trailers, vehicles, and boats from the properties, in accordance with the terms of the Orders; and 2) restore impacted areas to the condition the areas were in before Coastal Act violations occurred. (EMH-SF) [APPROVED]

11. Notice of Violation No. CCC-07-NOV-07 (Emerson II, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on existence of a violation of the Coastal Act, which, if found, will result in the recordation of Notice of Violation identifying unpermitted development by Mr. James Emerson, as property owner, on properties located at Block 23, Lot 13 (APN 108-051-018), Block 23, Lot 14 (APN 108-051-019), and Block 65, Lot 10 (APN 107-182-10), Pacific Shores Subdivision, Del Norte County. (EMH-SF) [WITHDRAWN]

12. Commission Cease & Desist Order No. CCC-07-CD-07 (Butler-Gipson, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on proposed Cease and Desist Order directing Mr. Kenneth Butler and Ms. Judith Gipson, owners of property located at Block 41, Lot 22 (APN 108-161-22) in Pacific Shores Subdivision, Del Norte County, to 1) cease from engaging in further unpermitted development activities; and 2) address unpermitted development including but not limited to placement of fill (in and/or adjacent to wetlands), a large pre-fabricated structure, at least four mobile homes or trailers, 4-5 vehicles, and several off-road vehicles; change in intensity of use from a vacant lot to residential uses; and major vegetation removal. (EMH-SF) [POSTPONED]

13. Commission Restoration Order No. CCC-07-RO-05 (Butler-Gipson, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on proposed Restoration Order directing Mr. Kenneth Butler and Ms. Judith Gipson, owners of a property located at Block 41, Lot 22, Pacific Shores Subdivision, Del Norte County; APN 108-161-22, to 1) address unpermitted development, including but not limited to fill (in and/or adjacent to wetlands), a large pre-fabricated structure, at least four mobile homes or trailers, 4-5 vehicles, and several off-road vehicles; change in intensity of use from a vacant lot to residential uses; and major vegetation removal, in accordance with the terms of the Orders; and 2) restore the site. (EMH-SF) [POSTPONED]

14. Notice of Violation No. CCC-07-NOV-09 (Butler-Gipson, Pacific Shores Subdivision, Del Norte County) Public hearing and Commission action on whether there has been a violation of the Coastal Act at property owned by Mr. Kenneth Butler and Ms. Judith Gipson, located at Block 41, Lot 22, Pacific Shores Subdivision, Del Norte County; APN 108-161-22. (EMH-SF) [POSTPONED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

15. ENERGY and OCEAN RESOURCES 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. (AD-SF)

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

17. NEW APPEALS. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 17a below on Wednesday, September 5,
which can be accessed by clicking here.

a. Appeal No. A-4-OXN-07-096 (So. California Edison Co., Oxnard) Appeal by So. California Edison Co. from decision of City of Oxnard denying permit to construct and operate 45 megawatt “peaker” power plant at 251 N. Harbor Boulevard, in Oxnard, Ventura County (TL-SF) [SUBSTANTIAL ISSUE FOUND, DE NOVO HEARING TO CONTINUE]

18. 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. E-06-012 (So. California Gas Co., Orange Co) Application by So California Gas Co to repair natural gas transmission pipeline No. 1228.1 located in the Bolsa Chica Wetlands. [APPROVED WITH CONDITIONS]

There is a single, combined staff report for items 18b & 18c below, and
the addendum appended to it on Wednesday, September 5, can be accessed by clicking here.

b. 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 a proposed desalination facility, at San Simeon State Beach, County of San Luis Obispo. (TL-SF)  [DENIED]

c. Application E-07-001 (Cambria Community Services District, San Luis Obispo Co) Application of 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) [DENIED]

NORTH CENTRAL COAST DISTRICT

19. 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]

20. CONSENT CALENDAR. See AGENDA CATEGORIES.

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

21.5 LOCAL COASTAL PROGRAMS (LCPs).

a. City of Half Moon Bay LCP Amendment No. HMB-MAJ-1-02 (Mobile Home Parks) Time Extension. Public hearing and Commission action to extend time limit for action by City of Half Moon Bay to accept Commission certification of LCP Amendment No. HMB-MAJ-1-02 with suggested modifications. (YZ-SF) [APPROVED]

22. NEW APPEALS. See AGENDA CATEGORIES.

There is a single, combined staff report for items 22a, b, c & d below.

a. Appeal No. A-2-SON-07-9 (RJB-GP LLC, Bodega Bay) Appeal by Concerned Citizens of Bodega Bay from decision of County of Sonoma granting permit to RJB-GP LLC to construct 2,200 sq. ft. single story, 3-bedroom, 2.5-bath house on a 9,861 sq. ft. parcel, at 132 Pacific Vista Court, Bodega Bay, Sonoma County. (YLZ-SF) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-2-SON-07-10 (RJB-GP LLC, Bodega Bay) Appeal by Concerned Citizens of Bodega Bay from decision of County of Sonoma granting permit to RJB-GP LLC to construct 2,200 sq. ft. single story, 3-bedroom, 2.5-bath house on a 11,138 sq. ft. parcel, at 955 Harbor Haven Drive, Bodega Bay, Sonoma County. (YLZ-SF) [NO SUBSTANTIAL ISSUE FOUND]

c. Appeal No. A-2-SON-07-11 (RJB-GP LLC, Bodega Bay) Appeal by Concerned Citizens of Bodega Bay from decision of County of Sonoma granting permit to RJB-GP LLC to construct 2,200 sq. ft., single story, 3-bedroom, 3-bath house on a 9,068 sq. ft. parcel, at 949 Harbor Haven Drive, Bodega Bay, Sonoma County. (YLZ-SF) [NO SUBSTANTIAL ISSUE FOUND]

d. Appeal No. A-2-SON-07-12 (RJB-GP LLC, Bodega Bay) Appeal by Concerned Citizens of Bodega Bay from decision of County of Sonoma granting permit to RJB-GP LLC to construct 2,200 sq. ft., single story, 3-bedroom, 3-bath house on a 9,039 sq. ft. parcel, at 124 Pacific Vista Court, Bodega Bay, Sonoma County. (YLZ-SF) [NO SUBSTANTIAL ISSUE FOUND]

e. Appeal No. A-2-HMB-07-30 (Pastorino, Half Moon Bay) Appeal by Kevin J. Lansing from decision of City of Half Moon Bay granting permit to Thomas & Eugene Pastorino to construct 7,000 sq. ft., 2-story, single-family home and 2,400 sq. ft barn on a 20 acre site, at 921 Miramontes Street, Half Moon Bay, San Mateo County. (YLZ-SF) [POSTPONED]

An addendum has been appended to the staff report for item 22f below on Wednesday, September 5,
which can be accessed by clicking here.

f. Appeal No. A-2-PAC-07-22 (Pacifica Beach LLC, Pacifica) Appeal by Nancy Merchant, Patrick Rentsch & Roberta Schuler from decision of City of Pacifica granting permit with conditions to Pacifica Beach LLC to construct nine (9) unit, 3-story condominium building with 10,575 sq. ft. subterranean parking garage, at 1567 Beach Boulevard, Pacifica, San Mateo County. (MJ-SF) [SUBSTANTIAL ISSUE FOUND, DE NOVO HEARING TO CONTINUE]

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

a. Application No. 2-07-18 (Sonoma County Regional Parks, Bodega Bay) Application of Sonoma County Regional Parks to install bridge over Cheney Creek and connect Birdwalk coastal access trail with Doran Beach Regional Park trail and widen 1,370 ft.-long Doran Marsh Trail, Bodega Bay, Sonoma County. (YLZ-SF) [APPROVED WITH CONDITIONS]

An addendum has been appended to the staff report for item 23b below on Wednesday, September 5,
which can be accessed by clicking here.

b. Application No. 2-07-19 (Marin County Environmental Health Services, Marshall) Application of Marin County Environmental Health Services for (1) East Shore Wastewater improvements, (2) repair, improve and/or replace septic tanks serving up to 38 developed lots, and (3) install collection pipe and community leachfield treatment system, at 19145 To 20230 Highway 1, Marshall, Marin County. (ME-SF) [APPROVED WITH CONDITIONS]

CENTRAL COAST DISTRICT

24. 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.

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

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

a. County of Monterey LCP Amendment No. MCO-MAJ-1-06 (Petersen Parcel rezone). Public hearing and action on request by County of Monterey to amend the certified LCP Implementation Plan to rezone a 23-acre parcel (Petersen) from RDR/B-7 to RDR/10, 16770 Blackie Road, North Monterey County. (KM-SC) [APPROVED]

b. City of Pismo Beach LCP Amendment No. PSB-MAJ-1-7 (Kendall/100 Five Cities Drive). Time Extension. Public hearing and action on extension of time limit to act on request by City of Pismo Beach to amend its local coastal program to allow change in zoning from CM (Commerical Manufacturing) to C-2 (General Commercial). (MW-SC) [APPROVED]

27. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-MRB-06-64 (Colmer, Morro Bay) Appeal by Roger Ewing, Ray McKelligott, Commissioners Caldwell and Shallenberger from decision of City of Morro Bay granting permit with conditions to Wayne Colmer for Planned Unit Development that includes subdivision of 2 parcels totaling 3.17-ac. into 17 residential parcels and 1 open space parcel, grading, new roadway, and home sites, at 485 S. Bay Blvd (resubdivision of Parcels A & B into Tract 2739), Morro Bay, San Luis Obispo County. (MW-SC) [POSTPONED]

b. Appeal No. A-3-SLO-07-041 (Richissin, Los Osos) Appeal by George Taylor of San Luis Obispo County’s decision granting permit with conditions to Brent Richissin for construction of 4,534 sq.ft. single family home with attached garage, at 2737 Austin Court in the Los Osos area of San Luis Obispo County. (JB-SC) [SUBSTANTIAL ISSUE FOUND, DE NOVO HEARING TO CONTINUE]

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

An addendum has been appended to the staff report for item 28a below on Wednesday, September 5.

a. Appeal No. A-3-SCO-06-59 (Collins, Aptos) Appeal by Albert & Joel Schreck & Robert & Mitzie Forsland from decision of County of Santa Cruz granting permit with conditions to Michael & Deborah Collins to construct 3-story, 5,800 sq. ft. single family home with 5-car garage, and grading 1,250 cu. yds. at toe of coastal bluff, at 548 Beach Drive, Aptos, Santa Cruz County. (SC-SC) [APPROVED WITH CONDITIONS]

b. Application No. 3-07-2 (Ken Scott, Morro Bay) Application of Ken Scott to demolish building and construct 2-story, mixed use development including commercial retail on ground floor and visitor-serving accommodations on second level, at 501 Embacadero (lease sites 53 - 56 & 53W - 56W, lot 4, 10, block 137), Morro Bay, San Luis Obispo County. (MW-SC) [POSTPONED]

c. Application No. 3-07-30 (Caltrans, Piedras Blancas) Application of Caltrans for temporary rock revetments placed seaward of Highway 1 to protect highway facility from damage, at Highway 1 (post miles 65.3 - 65.9, 7 miles north of San Simeon), Piedras Blancas, San Luis Obispo County. (JB-SC) [POSTPONED]

29. 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. A-94-78-A1 (Cornell, Pacific Grove) Request by Trent & Lola Cornell to remodel and add 1,545 sq. ft. addition to 2,547 sq. ft. single family home; construct 598 sq. ft. of patio; reduce 239 sq. ft. of courtyard; remove 180 sq. ft. of driveway; underground connection to City municipal sewer infrastructrue; native dune restore remainder of site, at 1601 Sunset Drive (Asilomar Dunes), Pacific Grove, Monterey County. (MW-SC) [APPROVED]

b. Permit No. 3-04-52-A1 (The Witter Family Trust, Carmel Highlands) Request by the Witter Family Trust to allow relocation of previously approved fencing in scenic easement area, at 112 & 112A Yankee Point Drive, Carmel Highlands, Monterey County. (KM-SC) [POSTPONED]

9:00 a.m.

FRIDAY, SEPTEMBER 7, 2007

1. CALL TO ORDER.

2. ROLL CALL.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

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

4. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-046-07 (Navy, San Diego)  Consistency determination by U.S. Navy to replace aboveground and underground fuel storage tanks and associated obsolete infrastructure with 8 above-ground storage tanks at Point Loma Fuel Storage and Distribution Facility, Naval Base Point Loma, City of San Diego. (CMC-SF) [APPROVED]

b. CD-048-07 (National Park Service, Marin Co.)  Consistency determination by National Park Service for Giacomini Wetland Restoration Project within Point Reyes National Seashore and Golden Gate National Recreation Area, Marin Co. (LJS-SF) [APPROVED]

NORTH COAST DISTRICT

5. 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.

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

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

a. City of Eureka LCP Amendment No. EUR-MAJ-1-7 (Eureka Municipal Code Clean-up Amendments). Public hearing and action on request by City of Eureka to amend the certified Implementation Plan to rectify inconsistencies and errors, correct grammar and formatting, and clarify language that is currently vague, contradictory or confusing. (JB-E) [POSTPONED]

8. NEW APPEALS. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 8a below on Friday, September 7.

a. Appeal No. A-1-MEN-07-28 (Jackson-Grube Family, Inc., Mendocino Co) Appeals by (1) Molly Warner & Britt Bailey; (2) Commissioners Kruer & Wan; (3) Mendocino Group Sierra Club & Friends of The Ten Mile; and (4) Margery S. Cahn Trust & Whiting Family Revocable Trust from decision of County of Mendocino granting permit with conditions to Jackson-Grube Family, Inc. to build 10-unit inn in 2 phases. Phase I to consist of (1) demolition and reconstruction of former Orca Inn into main unit of 2,961 sq. ft., an upstairs unit of 1,089 sq. ft. and a downstairs unit of 833 sq. ft., (2) a 1,276 sq. ft. 2-floored managers unit, (3) 1,269 sq. ft. equipment barn, 648 sq. ft. maintenance shop, and (4) a 240 sq. ft. generator/pump shed. Phase II would consist of (1) 7 units with 3 added to main building in 2-storied units of 954 sq. ft., 951 sq. ft., and 820 sq. ft., (2) 2 units within detached bunkhouse of 531 sq. ft. and 757 sq. ft., and (3) 2 separate cottages of 835 sq. ft. and 915 sq. ft., a 778 sq. ft. spa, wells, septic system, roads and underground utilities are proposed within approximate 3.7-acre area , at 31502 North Highway One, Fort Bragg, Mendocino County. (RSM-E) [SUBSTANTIAL ISSUE FOUND, DE NOVO HEARING TO CONTINUE]

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 the staff report for item 8a below on Friday, September 7.

a. Application No. 1-07-8 (Kent, Humboldt Co) Application of Douglas Kent to construct 3-story, 1,886 sq. ft. single family home with detached 526 sq. ft. garage, paved driveway, water well and storage tanks, septic system, solar panels on house with battery backup, off of Kane Road, Big Lagoon area, Humboldt County. (MBK-E) [APPROVED]

b. Application No. 1-07-9 (Humboldt Bay Harbor, Recreation & Conservation District, Humboldt Co) Application of Humboldt Bay Harbor, Recreation & Conservation District to (1) demolish, remove and dispose of approximately 45,000 sq. ft. storm-damaged timber deck planks, pilings and pile caps; (2) remove and dispose of stockpiled debris at foot of South Bay Depot Road, Fields Landing, Humboldt County. (MBK-E) [APPROVED]

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. 1-06-22-A (Caltrans, Mendocino Co) Request by Caltrans to modify permit granted to replace Highway One Ten Mile River Bridge to authorize the installation of bridge railings designed to minimize visual impacts as required by Special Condition 18 of original permit including the use of 42 in.-high pedestrian rail on west side of bridge, a metal guard rail (ST-10) separating pedestrians from southbound traffic lane, and a 42 in.-high multi-purpose guard rail/bicycle rail on east side of bridge, at Ten-Mile River Bridge, Highway One, ten miles north of Fort Bragg, Mendocino County. (MF-E) [APPROVED]


Future Meetings:  The next meetings of the Coastal Commission will be October 10-12 in San Pedro, November 14-16 in San Diego and December 12-14 in San Francisco.

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