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October 2009 Agenda

Oceanside City Council Chambers
300 North Coast Hwy.
Oceanside, CA 92054
(760) 801-0718

The phone number will only be in service during the meeting.

This has been updated at 11 a.m., Friday, October 9, 2009.

9:00 a.m.

WEDNESDAY, OCTOBER 7, 2009

1. CALL TO ORDER.

2. ROLL CALL.

GENERAL PUBLIC COMMENT.  Public comments will be heard at 9 a.m. for no more than 30 minutes.  For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

NORTH CENTRAL COAST DISTRICT

3. DEPUTY DIRECTOR’S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission’s San Francisco office at (415) 904-5260. [APPROVED]

4. CONSENT CALENDAR . See AGENDA CATEGORIES.

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

a. San Mateo County LCP Amendment No. SMC-MAJ-1-09 (Wireless Facilities). Time Extension. Public hearing and action on extension of time to act on request by San Mateo County to amend its certified Local Coastal Program to establish regulations for wireless telecommunication facilities. (MC-SF) [Time Extension APPROVED]

6. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-2-MAR-09-014 (Sutton, Marin Co.) Appeal by Anthony Lewis of decision of County of Marin granting permit with conditions to Lynette & James Sutton for demolition of existing 1,896 sq.ft. home and construction of new 1,649 sq.ft. home and 663 sq.ft. second unit with associated septic system, at 3715 Shoreline Highway, Stinson Beach, Marin County. (TST-SF) [NO SUBSTANTIAL ISSUE FOUND]

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 Santa Cruz office at (831) 427-4863. [APPROVED]

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

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

a. Santa Cruz County LCP Amendment SCO-MAJ-1-06 Part 3 (Density Bonus Regulations). Certification Review. Concurrence with the Executive Director’s determination that the action by Santa Cruz County, accepting certification of SCO-MAJ-1-06 Part 3 with modifications (modifying affordable housing density bonus provisions), is legally adequate. (SC-SC) [APPROVED]

b. City of Capitola LCP Amendment CAP-MAJ-1-07 (Capitola Village Parking). Certification Review. Concurrence with the Executive Director’s determination that the action by the City of Capitola, accepting certification of CAP-MAJ-1-07 with modifications (clarifying parking provisions associated with the City’s shuttle system and allowing a Capitola Village valet parking program), is legally adequate. (SC-SC) [APPROVED]

c. City of Santa Cruz LCP Amendment STC-MAJ-1-09 (La Bahia Hotel). Time Extension. Public hearing and action on extension of time limit to act on request by the City of Santa Cruz to amend the LCP to apply a new zoning district and site standards for the historic La Bahia building to facilitate redevelopment of the site as a resort hotel with restaurant and conference facilities. (SC-SC) [APPROVED]

d. City of Marina LCP Amendment MAR-MAJ-1-07 Part 4 (Subdivision Ordinance). Certification Review. Concurrence with the Executive Director's determination that the action by the City of Marina, accepting certification of MAR-MAJ-1-07 Part 4 with modifications (modifying the City’s subdivision regulations), is legally adequate. (MW-SC) [APPROVED]

e. Santa Cruz County LCP Amendment SCO-2-09 Part 1 (Poor Clares Housing). Time Extension. Public hearing and action on extension of time limit to act on request by Santa Cruz County to amend the LCP to allow for high density affordable housing on a four-acre portion of the Poor Clares property currently designated for visitor serving development in the Seacliff Village Area of Aptos. (SC-SC) [APPROVED]

10. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-SLO-07-035 (Stolo, San Luis Obispo Co.) Appeal by Commissioners Kruer and Shallenberger, Kirsten Fiscalini, Landwatch San Luis Obispo County, and Greenspace-The Cambria Land Trust of San Luis Obispo County decision granting permit with conditions to Don and Charlene Stolo to allow phased development of a winery, tasting facility, and related development at 3770 Santa Rosa Creek Road (approximately 1.5 miles east of Main Street) in Cambria, San Luis Obispo County. (JB-SC) [POSTPONED]

b. Appeal No. A-3-SLO-09-045 (Hearst Holdings Inc., San Luis Obispo Co.) Appeal by Commissioners Kruer and Wan, Santa Lucia Chapter of the Sierra Club, and Landwatch San Luis Obispo County of San Luis Obispo County decision granting permit with conditions to Hearst Holdings Inc. for lot line adjustment between 4 existing lots of 0.17 acres, 443.18 acres, 10,180 acres, and 23,200 acres, to result in 4 new lots of 93.6 acres, 1,851.71 acres, 8837.73 acres, and 23,040.4 acres along a 14-mile section of the LCP’s North Coast Area beginning approximately 1.5 miles north of San Simeon Village and ending at Ragged Point in San Luis Obispo County. (JB-SC) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

c. Appeal No. A-3-SLO-09-051 (Community Presbyterian Church of Cambria, Cambria). Appeal by Lila Evans of San Luis Obispo County decision granting permit with conditions to Community Presbyterian Church of Cambria to construct 320 sq.ft. storage structure at 2250 Yorkshire Drive in Cambria, San Luis Obispo County. (JB-SC) [NO SUBSTANTIAL ISSUE FOUND]

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

a. Application No. 3-08-019 (Kengle, Santa Cruz Co.) Application of Kim Kengle to modify and expand existing gunnite seawall with new footings, anchors, and faux bluff surfacing extending from the rock shelf area to blufftop edge and extending along the shoreline from the County’s Larch Lane seawall to the County’s Hook seawall, covering the bluff above the rock shelf seaward of 2-3920 East Cliff Drive (on the bluff seaward of East Cliff Drive immediately upcoast of the Hook coastal accessway and adjacent to 38th Avenue Beach), Live Oak Beach Area, Santa Cruz County. (SC-SC) [POSTPONED]

b. Application No. 3-08-052 (Embarcadero 801 LLC, Morro Bay) Application of Embarcadero 801 LLC to demolish portions of 2 buildings and to construct 2 new/remodeled buildings for mixed use development including conference center, restaurant, and commercial retail components, 17 new boat slips, 2 public plazas, and public access decks along the Embarcadero adjacent to and over Morro Bay at 801 and 833 Embarcadero Road, Morro Bay, San Luis Obispo County. (MW-SC) [POSTPONED]

12. 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. 3-92-063-A2 (Abalonetti’s Restaurant, Monterey) Request by Abalonetti’s Restaurant to amend their permit to expand permitted configuration of restaurant, including by adding more exterior tables, on Fisherman’s Wharf in Monterey, Monterey County. (MW-SC) [WITHDRAWN]

b. Permit No. 3-05-065-A3 (Santa Cruz Port District, Santa Cruz Co.) Request by Santa Cruz Port District to amend their permit to allow demonstration dredge and disposal project for up to 12,000 cu.yds. of fine-grained (37% to 79% sand) material into the nearshore environment offshore Harbor Beach/Twin Lakes State Beach in October 2009 (only), Santa Cruz, Santa Cruz County. (SC-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Permit No. A-3-CAP-99-023-A1 (Swan and Green Valley Corporation, Capitola). Request by Richard and Nancy Swan and the Green Valley Corporation to amend permit to eliminate the existing condition prohibiting future shoreline armoring (that applies to the Green Valley Corporation property) and to construct approximately 115-ft. section of contoured concrete seawall fronting that Green Valley Corporation property and adjacent to existing seawall on adjacent property (on Swan property) on beach and bluffs fronting 4840 and 4850 Cliff Drive in Capitola, Santa Cruz County. (SC-SC) [APPROVED WITH CONDITIONS]

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:

Ackerberg et al. v. CCC (Access for All et al., RPI) Govt. Code § 11126(e)(2)(A)
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code § 11126(e)(2)(A)
Electric Pointe LLC et al. v. City of Los Angeles, CCC Govt. Code § 11126(e)(2)(A)
Harrington et al. v. CCC Govt. Code § 11126(e)(2)(A)
McAllister v. CCC (Laube et al., RPI) Govt. Code § 11126(e)(2)(A)
Ramirez Canyon Preservation Fund v. CCC et al. (City of Malibu et al., RPI) Govt. Code § 11126(e)(2)(A)
Revell v. CCC (Access for All, RPI) Govt. Code § 11126(e)(2)(A)
Sierra Club v. California Department of Parks & Recreation et al. (County of San Luis Obispo et al. RPI), Govt. Code § 11126(e)(2)(A).
Friends of Oceano Dunes, Inc. v. County of San Luis Obispo et al. (Cal. Dep’t of Parks & Recreation et al. RPI), Govt Code § 11126(e)(2)(A)
In the matter of Consistency Certification CC-043-09 (City of San Diego) Govt. Code § 11126(e)(2)(B)

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

13. Report on Improving the Local Coastal Planning ProcessFollow-up Commission staff report on the August 12, 2009 public workshop with local government and the public on “Improving the Local Coastal Planning Process.” (CL/LF-SF).

ENFORCEMENT

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

NORTH COAST DISTRICT

15. DEPUTY DIRECTOR’S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission’s Eureka office at (707) 445-7833. [APPROVED]

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

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

a. City of Crescent City LCP Amendment No. CRC-MAJ-1-03. (Time Extension) Public hearing and action on extension of time limit to act on request by City of Crescent City for a comprehensive update of its certified land use plan and implementation plan. (JB-E) [Time Extension APPROVED]

[An addendum has been appended to the staff report for item 17b below on October 6.]

b. County of Del Norte LCP Amendment No. DNC-MAJ-2-03. Public hearing and action on request by County of Del Norte for a comprehensive update of its certified land use plan and implementation plan (JB-E) [APPROVED WITH MODIFICATIONS]

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

a. Application No. 1-07-10 (Humboldt Bay Harbor, Recreation & Conservation District, Humboldt Co.) Application of Humboldt Bay Harbor, Recreation & Conservation District to rehabilitate boat launching facilities at the Shelter Cove Harbor including (1) reconstructing existing 420 ft.-long rock breakwater by importing approx. 5,190 tons of rock on the breakwater, (2) performing periodic maintenance of the breakwater by placing additional rock as needed, (3) performing periodic resurfacing of launch ramp access road, (4) performing periodic repair of boat launch ramp by replacing damaged sections as needed, and (5) performing periodic dredging of accumulated sand at the breakwater with disposal on the adjacent beach, at the end of Beach Access Road, at Shelter Cove, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Appeal No. A-1-MEN-07-28 (Jackson-Grube Family, Inc., Mendocino Co.) Appeal by (1) Molly Warner & Britt Bailey, (2) Commissioners Kruer & Wan, (3) Mendocino Group Sierra Club, Friends of the Ten Mile, (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 7-unit inn in 2 phases.  Phase I consists of (1) demolition, reconstruction, and expansion of former Orca Inn into 2,961 sq.ft. 3-bedroom guest suite unit and northward extension of building containing enclosable 831 sq.ft. outdoor activity area, 255 sq.ft. caterer's kitchen, 693 sq.ft. conference room, 1,089 sq.ft. guest suite unit and 833 sq.ft. guest suite unit, (2) 1,276 sq.ft. 2-story manager's unit, (3) 1,269 sq.ft. equipment barn, 648 sq.ft. maintenance shop, and (4) 240 sq.ft. generator/pump shed. Phase II consists of (1) 2 guest suite units within detached bunkhouse of 531 sq.ft. and 757 sq.ft., (2) 2 separate guest suite cottages of 835 sq.ft. and 915 sq.ft., and (3) 778 sq.ft. spa. Wells, a septic system, roads and underground utilities are also proposed, located at 31502 North Highway One, Fort Bragg, Mendocino County. (RSM-E) [POSTPONED]

c. Application No. 1-09-7 (Sandoval, Eureka) Application of Ezequiel Maciel Sandoval to remodel and convert 1,656 sq.ft. restaurant into office by (1) constructing 514 sq.ft. first floor and 1,567 sq.ft. second floor addition; 2) replacing 1,293 sq.ft. of asphalt paving along V Street (West side) with landscaping and 205 sq.ft. concrete terrace and bicycle parking; 3) replacing 565 sq.ft. of asphalt paving with 565 sq.ft. of grass pavers for run-off infiltration area; 4) installing 3 15-gal. trees and trellis for screen between building and natural area; 5) removing 332 sq.ft. of wood deck overhanging natural area; 6) replacing 204 sq.ft. of hard surface cover (AC paving and concrete) in east parking area with landscaping; and removing 47 sq.ft. of hard surface cover at north-east corner currently built over property line, at 427 V Street, Eureka, Humboldt County. (RSM-E) [POSTPONED]

d. Application No. 1-09-26 (California Dept. of Parks & Recreation, Humboldt Co.) Application of California Dept. of Parks & Recreation to grade invasive beach grass and restore approximately 50 hectares of beach and dune habitat at Little River State Beach, at Clam Beach Road, McKinleyville, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 18e below on October 6.]

e. Application No. 1-09-27 (California Dept. of Transportation, Mendocino Co.) Application of Caltrans to replace existing bridge with new 2-lane bridge, approximately 520 feet long with two (2) 12-ft. lanes, two (2) 6-ft. shoulders, and 5-ft. sidewalk for pedestrians on west side, at Greenwood Creek Bridge, State Route 1, south of Elk, Mendocino County. (MF-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

f. Application No. 1-09-33 (Eureka Broadcasting, Eureka) Application of Eureka Broadcasting for replacement of two (2) 245 ft.-high radio broadcasting antennae and appurtenant facilities, north of north end of Marsh Road, Eureka, Humboldt County. (MBK-E) [POSTPONED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

19. ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY.  Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development.  For specific information contact the Commission’s Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240.

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

21. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

[An addendum has been linked from the staff report for item 21a below on October 6.]

a. CC-056-09 (City of San Diego Secondary Treatment Waiver, San Diego) Resubmitted Consistency Certification by City of San Diego for secondary treatment waiver (i.e., Environmental Protection Agency (EPA) Reissuance, under Section 301(h) of the Clean Water Act, of a modified National Pollutant Discharge Elimination System (NPDES) Permit) for Point Loma Wastewater Treatment Plant Discharges offshore of San Diego, San Diego County. (MPD-SF) [APPROVED]

b. CD-058-09 (Corps of Engineers, San Diego Co.) Consistency determination by Corps of Engineers for maintenance dredging of Mission Bay entrance and navigation channels and placement of 770,000 cu.yds. of dredged material on Mission Beach, San Diego Co. (LJS-SF) [APPROVED]

22. DISPUTE RESOLUTION.

a. Dispute Resolution E-06-13-EDD (Poseidon Resources, Carlsbad) Public hearing and Commission determination on dispute over interpretation of Commission “prior to issuance” and “prior to construction” conditions of coastal development permit approval for Poseidon Resources desalination facility to be located at Encina Power Plant in the City of Carlsbad, San Diego County. (TL-SF) [WITHDRAWN]

STATEWIDE

23. APPROVAL OF MINUTES.

24. COMMISSIONERS' REPORTS.

25. CONSERVANCY REPORT.

26. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

27. DEPUTY ATTORNEY GENERAL'S REPORT.

28. EXECUTIVE DIRECTOR’S REPORT including report and possible Commission action on legislation and water quality.

9:00 a.m.

THURSDAY, OCTOBER 8, 2009

1. CALL TO ORDER.

2. ROLL CALL.

GENERAL PUBLIC COMMENT.  Public comments will be heard at 9 a.m. for no more than 30 minutes.  For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

STATEWIDE

2.5. SAN DIEGUITO WETLAND RESTORATION PROJECT FIELD TRIP. On Thursday, October 8, 2009, the Commission will take a field trip to view the San Dieguito wetland restoration project. The field trip will begin at the end of the Commission’s regular session. Because space on the bus is limited, members of the public who cannot be accommodated on the bus may follow in their private vehicles. Members of the public interested in going on the field trip should contact the Coastal Commission at (415) 904-5200 and asked to register for the field trip. (SMH/SF) [CANCELLED]

SOUTH COAST DISTRICT (Los Angeles County)

3. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-124 (Iyar, Hermosa Beach) Application of Mr. & Mrs. Subrah S. Iyar to demolish duplex and construct 30 ft.-high, 3,961 sq.ft. single-family home with attached 2 car garage and 1 guest parking space, at 2108 The Strand, Hermosa Beach, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

4. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 5-09-097 (Bolong Trust, Huntington Beach) Application of Michael Bolong Trust to remove wooden cantilevered deck and replace with new 27 ft. long, wood deck cantilevered 5 ft. beyond bulkhead.  Also proposed along perimeter of deck new 42 in. high guardrail to be constructed of lower wood framed section and upper 24 inches would be etched glass, at 3281 Devon Circle, Huntington Beach, Orange County. (MV-LB) [APPROVED]

5. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-130 (Steuber, Seal Beach) Application of Robert & Catherine Steuber to demolish duplex and construct ocean-fronting, 2,521 sq.ft., 25-ft. above finished grade, 2-story single-family home with attached 497 sq.ft., 2-car garage, and grading consisting of 89 cu.yds. of import, at 1517 Seal Way, Seal Beach, Orange County.(FSY-LB) [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-4-07-A (Countywide Land Use & Development Code).  Public hearing and action on request by County of Santa Barbara to amend its LCP to replace the existing Coastal Zoning Ordinance (Article II) with the new Santa Barbara County Land Use and Development Code to apply to all areas of the County except for the Montecito Community area, Santa Barbara County. (SLG-V) [POSTPONED]

b. County of Santa Barbara LCP Amendment No. MAJ-4-07-B (Montecito Land Use & Development Code). Public hearing and action on request by County of Santa Barbara to amend its LCP to establish a separate Land Use and Development Code for Montecito that would supersede the applicable provisions of the existing Coastal Zoning Ordinance (Article II) Montecito, Santa Barbara County. (SH-V) [POSTPONED]

c. County of Santa Barbara LCP Amendment No. MAJ-4-07-C (Montecito Zone Change). Public hearing and action on request by County of Santa Barbara to amend its LCP to rezone two parcels from Retail Commercial to Neighborhood Commercial, Montecito, Santa Barbara County. (SLG-V)  [POSTPONED]

d. City of Santa Barbara LCP Amendment No. MAJ-2-09 (Meigs & Lighthouse Roads) Time Extension. Public hearing and action to extend the time limit for action for one year on City of Santa Barbara’s request to amend its Local Coastal Program by amending the Local Coastal Plan land use designation from Major Public and Institutional to Residential-Five Dwelling Units per Acre, amend the Zoning Ordinance and map to change the zoning from Park and Recreation and Coastal Overlay Zone to One-Family Residential and Coastal Overlay Zone on 10.41 acres located at 210, 216 Meigs Road and 290 Lighthouse Road, City of Santa Barbara, Santa Barbara County. (JJ-V) [Time Extension APPROVED]

9. LONG RANGE DEVELOPMENT PLAN.

[Items 9a and 10a below share a single, combined staff report.]

a. UCSB Long Range Development Plan Amendment 1-09 (Ocean Science Education Building). Public hearing and action on request by the University of California at Santa Barbara to amend its LRDP to reconfigure potential building location number 25 and relocation of approximately 260 linear feet of Class I bicycle path and parking, Main Campus, University of California Santa Barbara, Santa Barbara County. (ADB-V) [APPROVED WITH MODIFICATIONS]

10. NOTICE OF IMPENDING DEVELOPMENT.

a. UCSB Notice of Impending Development No. 1-09 (Ocean Science Education Building). Public hearing and action on Notice of Impending Development by the University of California at Santa Barbara for construction of 31 ft.-high, 2-wing, 2-story, LEED Certified, 15,284 gross sq.ft. building (9,730 assignable square-feet); relocation of approximately 260 linear-ft. Class I bicycle path and parking; relocation of service access road; construction of bus turnout on Lagoon Road, sidewalks, courtyard, landscaping, and grading (280 cu.yds. cut and 230 cu.yds. fill) at U.C. Santa Barbara, Santa Barbara County. (ADB-V)  [APPROVED]

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

[An addendum has been appended to the staff report for item 11a below on October 5.]

a. Application No. 4-07-094 (Los Angeles County Dept. of Public Works, Los Angeles Co.) Application of Los Angeles County Public Works Dept. to remove debris and dispose from Dry Canyon Creek and repair county road by means of re-compacting approximately 33 cu.yds. of unstable slope by creating benched-toe at top of slope and through placement of approximately 85 tons of light rock over geo-fabric layer with mixed native vegetation, Los Angeles County. (ADB-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 4-08-075 (Eller & Grandpoint, LLC. Los Angeles Co.) Application of Donald Eller and Grandpoint, LLC to redivide 3 parcels (4.9-acres, 4.9-acres, and 10.22-acres in size) and create 3 new parcels (2.2-acres, 2.7-acres, and 15.12-acres in size) and to donate approximately 10-acres of proposed 15.12-ac. parcel to the Mountains Recreation and Conservation Authority in fee title, at East of Saddlepeak Road, approximately 700 feet southeast of Whitney Road, Santa Monica Mountains, Los Angeles County. (BJC-V) [POSTPONED]

[An addendum has been appended to the staff report for item 11c below on October 6.]

c. Application No. 4-09-018 (Rancho Guadalupe Dune Preserve, Santa Barbara Co.) Application of Center for Natural Lands Management to construct 3,500 ft.-long (0.7 mile) 4-strand barbed wire fence and after-the-fact approval of previously constructed 1,400 ft.-long (0.3 mile) 4-strand barbed wire fence along Santa Maria River Estuary to exclude cattle from sensitive habitat areas utilized by western snowy plover and California least terns at the Rancho Guadalupe Dune Preserve, Guadalupe, Santa Barbara County. (AT-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

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

[An addendum has been linked from the staff report for item 12a below on October 6.]

a. Permit No. 4-99-276-A3 (Santa Monica-Malibu Unified School District, Malibu) Request by Santa Monica-Malibu Unified School District to amend permit to eliminate Special Condition No. 6 (Athletic Field Lighting Restriction) to allow operation of temporary light standards on football field for maximum of 16 nights per football season (September-December) at Malibu High School, 30215 Morning View Drive, Malibu, Los Angeles County. (DC-V) [DENIED]

13. REVISED FINDINGS.

a. City of Malibu LCP Amendment No. MAL-MAJ-1-08 (Santa Monica Mountains Conservancy and Mountains Recreation and Conservation Authority) City of Malibu LCP amendment “override” to add or modify land use policies and development standards for and related to a Malibu Parks Public Access Enhancement Plan Overlay. (PV-V) [APPROVED]

SOUTH COAST DISTRICT (Los Angeles County)

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

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

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

a. City of Long Beach LCP Amendment No. LOB-MAJ-09-02 (Time Extension ). Public hearing and action to extend time limit for Commission action up to one year for certification of City of Long Beach LCP Amendment No. LOB-MAJ-09-02.  The LCP amendment would amend the implementing ordinances for the Downtown Shoreline area (PD-6) to allow a second hotel to be built in Subarea 5, at 290 Baystreet, Long Beach, Los Angeles County. (CP-LB) [Time Extension APPROVED]

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

a. Application No. 5-09-92 (City of Avalon, Santa Catalina Island, Los Angeles Co.) Application of City of Avalon to remove public pier and 74 timber piles, and replace it in same footprint with 108’x 36’ public pier supported by eight 24-in. diameter polyethylene-coated steel piles. The new pier will support fueling station, public restrooms, and 1-story café, at Casino Point, Avalon Bay, Santa Catalina Island, Los Angeles County. (CP-LB) [POSTPONED]

18. 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. Application No. 5-91-286-A7 (City of Los Angeles, Los Angeles) Application of City of Los Angeles for slope stabilization within Potrero Canyon, between Alma Real Drive and Friends Street. The proposed stabilization would include construction of 2:1 fill slope with approximately 200,000 cu.yds. of fill, and include 4 terrace drains, at 15101 Pacific Coast Highway, Potrero Canyon, Los Angeles, Los Angeles County. (AP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

19. PORT MASTER PLAN.

a. Port of Los Angeles Amendment PLA-PMPA-24 (Certification Review). Commission action on Board of Harbor Commissioner’s adoption of Coastal Commission certification of Port Master Plan Amendment No. 24. (AL-LB) [APPROVED]

SOUTH COAST DISTRICT (Orange County)

20. 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 LCP Amendment No. NPB-MAJ-1-07 (Land Use Changes). Certification Review. Concurrence with the Executive Director’s Determination that the action by the City of Newport Beach, accepting certification of NPB-MAJ-1-07 with modifications (which amends the certified Land Use Plan (LUP) by: (a) changing the land use classification and density/intensity system currently used in the LUP and LUP maps to reflect the new system adopted in the City General Plan’s Land Use Element Update; (b) changes land use designation of 55 sites involving several hundred properties in the coastal zone; and (c) revises and adds policies addressing land uses, site design, building volume, mass, clustering, setbacks, architecture, and nonconformities), is legally adequate, Orange County. (KFS-LB) [APPROVED]

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

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

[Exhibit 12 has been added to the staff report exhibit file for item 22a below on September 29
and an addendum has been appended on October 7.]

a. Dana Point LCP Amendment DPT-MAJ-1-08 (Dana Point Harbor Revitalization Plan (LUP only). Public hearing and action on request by City of Dana Point to amend the Local Coastal Program Land Use Plan to incorporate the proposed Dana Point Harbor Revitalization Plan (replacing sections of the Dana Point Specific Plan relevant to the Dana Point Harbor (1986 LCP), that would establish new land use designations and boundaries throughout harbor; expand allowable development by approximately 153,000 sq.ft. (all uses) including commercial development (+7,300 sq.ft. retail/+50,000 sq.ft. restaurant), enlarged hotel (136 rooms to 220 rooms) plus conference facilities, new marine retail (9,100 sq.ft.), among other expanded uses; change parking requirements; reduce space allocated for surface boat storage; and change height limit to allow for 65 ft. tall dry stack storage building for 400 boats and up to 60 ft. tall commercial buildings, in Dana Point Harbor, Orange County. (FSY-LB) [APPROVED WITH MODIFICATIONS]

9:00 a.m.

FRIDAY, OCTOBER 9, 2009

1. CALL TO ORDER.

2. ROLL CALL.

GENERAL PUBLIC COMMENT.  Public comments will be heard at 9 a.m. for no more than 30 minutes.  For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

SAN DIEGO DISTRICT

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

a. City of Oceanside LCP Amendment No. 1-08 (Telecommunications Facilities) Certification Review. Concurrence with the Executive Director's determination that the action by the City of Oceanside accepting certification of LCP Major Amendment 1-08 (to amend certain zoning ordinances in the Downtown “D” District to accommodate the installation of telecommunication facilities) with modifications is legally adequate. (TR-SD) [APPROVED]

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

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

[Addenda have been appended to the staff reports for items 5a and 5c below on October 7.]

a. City of Carlsbad LCP Amendment No. 1-09B (Legoland Hotel). Public hearing and action on request of City of Carlsbad to amend the certified Implementation Plan to update the Carlsbad Ranch Specific Plan to allow hotel and accessory uses as permitted uses within the Outer Park and modify parking provisions at the Legoland Park property. (TR-SD) [APPROVED WITH MODIFICATIONS]

b.  City of Del Mar LCP Amendment No. DMR-MAJ-1-09 (Modifications to Parking Requirments).  Public hearing and action on request by the City of Del Mar to amend its LCP, both LUP and IP, to address common, shared and off-site parking, provide additional ADA-compliant parking and establish an in-lieu fee program for parking space reductions.  (DNL-SD) [POSTPONED]

c. City of San Diego LCP Amendment No. PEN-MAJ-3-08B (Pt. Loma Townhomes). Public hearing and action on request by City of San Diego to amend its Peninsula Community Plan LUP to redesignate 1.65 acre site bounded by Carleton, Scott and Dickens Streets from Industrial (fishing/marine-related) to Commercial use. (LRO-SD) [POSTPONED]

6. NEW APPEALS.  See AGENDA CATEGORIES.

[Addenda have been appended to the staff reports for items 6a, 6d and 6c below on October 7.]

a. Appeal No. A-6-OCN-07-18 (Sprint PCS, Oceanside) Appeal by Pamela Myers from decision of City of Oceanside granting permit with conditions to Sprint PCS for placement of telecommunication facility on existing residential building, at 999 North Pacific Street, Oceanside, San Diego County. (TR-SD) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-6-COR-08-98 (Hotel Del Partners LP, Coronado) Appeal by Commissioners Kruer & Wan; Concerned Citizens For Keeping The Hotel Del Beautiful; and Unite Here from decision of City of Coronado granting permit with conditions to Hotel Del Partners LP to amend permit for Hotel Del Coronado Master Plan to relocate approved conference center and south beach guest rooms, relocate bus staging area from adjacent to R.H. Dana Place to Orange Avenue, add surface parking adjacent to entry garden and R.H. Dana Place; retain laundry facility; reposition southerly end of Paseo del Mar public easement to connect to public easement/walkway adjoining Coronado Shores development; and convert 144 approved new hotel rooms to condo-hotel ownership, at the Hotel del Coronado, 1500 Orange Avenue, Coronado, San Diego County. (DL-SD) [POSTPONED]

c. Appeal No. A-6-COR-08-99 (Hotel del Partners LP, Coronado) Appeal by Commissioners Kruer & Wan; Concerned Citizens For Keeping The Hotel del Beautiful; and Unite Here from decision of City of Coronado granting permit with conditions to Hotel del Partners LP for 3 lot tentative subdivision map to allow conversion of 144 approved new hotel rooms to condo-hotel ownership.  Multiple room suites would have 144 rooms available for rent, subdivided as 85 limited-term occupancy condominium hotel units and 30 resort/hotel managed commercial units (non-habitatable management condominium units, e.g. lobby and maintenance closets), at the Hotel del Coronado, 1500 Orange Avenue, Coronado, San Diego County. (DL-SD)  [POSTPONED]

d. Appeal No. A-6-ENC-09-02 (Wellman, Encinitas) Appeal by Commissioners Kruer & Wan from decision of City of Encinitas granting permit with conditions to Carlos Wellman for demolition of 12-unit apartment building that spans 2 blufftop lots (lots 1 and 2) and construction of 2-story 4,521 sq.ft. home with 724 sq.ft. garage and 2,121 sq.ft. basement on lot #1, at 708 Fourth Street, Encinitas, San Diego County. (GDC-SD) [SUBSTANTIAL ISSUE FOUND, APPROVED WITH CONDITIONS at de novo Hearing ]

e. Appeal No. A-6-ENC-09-03 (Wellman, Encinitas) Appeal by Commissioners Kruer & Wan from decision of City of Encinitas granting permit with conditions to Carlos Wellman for demolition of 12-unit apartment building that spans 2 blufftop lots (lots 1 and 2) and construction of 2-story 4,297 sq.ft. home with 715 sq.ft. garage and 1,818 sq. ft. basement on lot #2, at 708 Fourth Street, Encinitas, San Diego County. (GDC-SD)  [SUBSTANTIAL ISSUE FOUND, APPROVED WITH CONDITIONS at de novo Hearing ]

f. Appeal No. A-6-ENC-09-50 (Westbridge Financial, Encinitas) Appeal by Commissioners Kruer & Wan, Dolores Welty, Buena Vista Audubon Society, San Diego Sierra Club, and Russ Whitman from decision of City of Encinitas granting permit with conditions to Westbridge Financial for subdivision of 56.94-ac. lot into 19 single-family residential lots, 2 open space lots, and 1 remainder lot at north and south side of La Costa Avenue, approx. 0.25 mile west of El Camino Real, Encinitas, San Diego County. (GDC-SD) [POSTPONED]

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

a. Application No. 6-07-133 (Li, Encinitas) Application of Bernard Li to construct 10 ft.-high addition to existing seawall, install 35 ft.-high tied-back concrete columns between existing columns and remove concrete footing seaward of seawall, on the public beach below 680 Neptune Avenue, Encinitas, San Diego County. (GDC-SD) [POSTPONED]

Future Meetings:  The next meetings of the Coastal Commission will be November 4-6 in Long Beach and December 9-11 in San Francisco.