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January 2010 Agenda

Huntington Beach City Council
Chambers
2000 Main Street
Huntington Beach, CA 92648
(562) 972-9854

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

This has been posted at 1:15 p.m., Friday, January 15, 2010.

10:00 a.m.

THURSDAY, JANUARY 14, 2010

1. CALL TO ORDER.

2. ROLL CALL.

3. GENERAL PUBLIC COMMENT.  Public comments will be heard at 10 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.

SOUTH COAST DISTRICT (Los Angeles County)

4. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-09-230 (Aitken, Venice)  Application of Mr. Douglas Aitken to demolish two-story, 840 sq.ft. single-family home and detached garage on 3,080 sq.ft. lot fronting walk street; and construct two-story, 28-ft. high (with 33-ft. high roof access structure), 1,710 sq.ft. single-family home with detached two-story, three-car garage, at 25 Anchorage Street, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-09-236 (AC-Catalina Landing, LLC, Long Beach)  Application of AC-Catalina Landing, LLC to remove 38 concrete piles, 30 timber piles, five barge-style docks and four gangways from Catalina Landing in order to allow maintenance dredging and removal of contaminated sediments from harbor, at 310 Golden Shore, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-09-192 (City of Hermosa Beach, Hermosa Beach) Application of City of Hermosa Beach to demolish three 630 sq.ft., 8-ft. high, semi-below grade public beach restrooms with 3 new 499 sq.ft., 8-ft. high, semi-below grade public restrooms in the same location, with outdoor shower, walkway, and re-landscaping, at intersections of The Strand & 2nd Street, 14th Street and 22nd Street, Hermosa Beach, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

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

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

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

a. City of Capitola LCP Amendment No. CAP-2-09 Part 1 (Affordable Housing Overlay). Public hearing and action on request by the City of Capitola to amend the LCP to add an Affordable Housing Overlay District (designed to allow increased densities of up to 20 units per acre for projects with a minimum of 50% affordable units) and to apply the new district to a site at 600 Park Avenue in Capitola, Santa Cruz County. (SC-SC) [APPROVED WITH MODIFICATIONS]

b. City of Capitola LCP Amendment No. CAP-2-09 Part 2 (Mixed Use in Community Commercial). Public hearing and action on request by the City of Capitola to amend the LCP to allow residential mixed-use development in the Community Commercial Districts within Capitola, Santa Cruz County. (SC-SC) [TO CONTINUE]

c. City of Carmel LCP Amendment No. CML-3-09 Part 1 (Del Mar Dunes Master Plan). Public hearing and action on request by the City of Carmel to add the Del Mar Dunes Master Plan to the LCP in Carmel, Monterey County. (MW-SC) [APPROVED]

d. City of Carmel LCP Amendment No. CML-3-09 Part 2 (Circulation Element). Concurrence with the Executive Director’s determination that the request by the City of Carmel to modify the LCP’s Circulation Element is minor. (MW-SC) [APPROVED]

e. San Luis Obispo County LCP Amendment No. SLO-MAJ-1-05 Part 2 (DeVincenzo/Avila Valley Lodge). Public hearing and action on request by San Luis Obispo County to redesignate 16.8 acres from Rural Lands to Recreation and 17.6 acres from Rural Lands to Open Space for a 108-acre site, and to add new planning area standards to facilitate future hotel/motel and related development at the site (Avila Valley Lodge). (JB-SC) [WITHDRAWN]

8. NEW APPEALS.  See AGENDA CATEGORIES.

[Items 8a and 8b below share a single, combined staff report.]

a. Appeal No. A-3-SLO-09-55 (Los Osos Wastewater Project, San Luis Obispo Co.). Appeal by Coastal Commissioners Mark Stone and Sara Wan; Chris Allebe; Sandra Bean; Don Bearden; Barry and Vivian Branin; Chuck Cesena; Citizens for Affordable and Safe Environment; Coalition for Low Income Housing; Fair Allocation of Important Resources (F.A.I.R); Martha Goldin; Joan Harlem; J.H. Edwards Company; Los Osos Legal Defense Fund; Alfred and Lourdes Magallanes; Richard Nyznyk; Linde Owen; Steven Paige; Bruce Payne; Piper Reilly; Sierra Club – Santa Lucia Chapter; Surfrider Foundation – San Luis Bay Chapter; Julie Tacker; Elaine Watson; and Keith Wimer of San Luis Obispo County decision granting permit with conditions to the County Public Works Department for the Los Osos Wastewater Project (including treatment plant, collection and disposal system, and related infrastructure and development) in the community of Los Osos (Estero Planning Area) in San Luis Obispo County. (JB-SC) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

b. Appeal No. A-3-SLO-09-69 (Los Osos Wastewater Project, San Luis Obispo Co.). Appeal by Don Bearden, Sierra Club - Santa Lucia Chapter, Barry and Vivian Branin, Surfrider Foundation San Luis Bay Chapter, Linda Ward, Citizens for Affordable and Safe Environment, Coalition for Low Income Housing, Los Osos Legal Defense Fund, Martha Goldin, Keith Wimer, Julie Tacker, J.H. Edwards Company, Chuck Cesena, Steven Paige, Linde Owen, Piper Reilly, Elaine Watson, Alon Perlman of San Luis Obispo County decision amending their action on CDP DRC2008-00103 granting a permit with conditions to the County Public Works Department for the Los Osos Wastewater Project (including treatment plant, collection and disposal system, and related infrastructure and development) in the community of Los Osos (Estero Planning Area) in San Luis Obispo County. (JB-SC) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

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

a. Permit No. A-3-SCO-05-073-A1 (Porter, Santa Cruz Co.). Request by William and Susan Porter to amend permit to allow construction of 31.5-ft. tall wind turbine, to modify glass requirements related to streetside second floor façade window unit, and to add permanent ladder on west side of residence at 3030 Pleasure Point Drive in Live Oak beach area of Santa Cruz County. (KM-SC) [APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

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

SOUTH CENTRAL COAST DISTRICT

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

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

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

a. City of Santa Barbara LCP Amendment No. MAJ-3-09 (Veronica Meadows) Time Extension. Public hearing and action to extend the time limit for action for one year on City of Santa Barbara request to amend its LCP to apply land use and zoning designations on a parcel intended to be annexed into the City of Santa Barbara; modify the land use and zoning designations on an adjacent City parcel: and create a new zone district, SP-9, to establish development standards for the Veronica Meadows Specific Plan, Las Positas Valley, north of the terminus of Alan Road, at 900-1100 Las Positas Road, City of Santa Barbara, Santa Barbara County. (JJ-V) [Time Extension APPROVED]

b. County of Santa Barbara LCP Amendment No. MAJ-1-09 (Land Use & Development Code) Time Extension. Public hearing and action to extend the time limit for action for one year on County of Santa Barbara request to amend its LCP to replace the existing Coastal Zoning Ordinance with the new Santa Barbara County Land Use and Development Code; establish a separate Land Use and Development Code for Montecito; and rezone two parcels located in Montecito from Retail Commercial to Neighborhood Commercial, Santa Barbara County. (SLG-V) [Time Extension APPROVED]

c. City of Malibu LCP Amendment No. MAJ-2-09-A (“Crummer Trust” Parcel). Public hearing and action on request by City of Malibu to amend the Land Use Plan (LUP) and Local Implementation Plan (LIP) portions of its certified Local Coastal Program (LCP) to delete LUP Policy 2.78 and to modify the requirements of the Planned Development (PD) land use designation for one vacant 24-acre parcel adjacent to Malibu Bluffs Park, formally known as the “Crummer Trust” parcel (APNs 4458-018-018, 019, 002) to allow for a mix of residential and recreational use instead of commercial visitor-serving use., City of Malibu, Los Angeles County. (DC-V) [POSTPONED]

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

a. Application No. 4-09-008 (Mukherjee, Los Angeles Co.) Application of the Sarbojit Mukherjee to construct 24 ft.-high, two story 2,002 sq. ft. single family home, detached 484 sq. ft. two car garage with 484 sq. ft. guest house on second floor, retaining walls, 2 stairways, driveway, septic system, and 562 cu. yds. of grading (341 cu.yds. cut, 221 cu.yds. fill), at 2515 Hawks Nest Trail, Topanga, Los Angeles County. (JJ-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

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

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

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

a. City Of Long Beach LCP Amendment No. LOB-MAJ-1-09. Public hearing and action on request by City Of Long Beach LCP Amendment No. LOB-MAJ-1-09 amends the Resources Management Plan portion of the LCP as it relates to Colorado Lagoon (CP-LB) [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.

[An addendum has been appended to the staff report linked from item 18a below on January 12.]

a. Application No. 5-09-151 (SHC Santa Monica Beach Hotel III LLC, Santa Monica)  Application of SHC Santa Monica Beach Hotel III, LLC to construct 6-unit condominium with 270 sq.ft. bicycle/skate rental shop on ground floor with outdoor display area.  The project will be constructed to attain LEED Platinum or equivalent certification, at 1703 - 1715 Ocean Front Walk, Santa Monica, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

[The report linked from item 20 below has been updated on January 11.]

20. 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. [APPROVED]

21. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

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

SOUTH COAST DISTRICT (Orange County)

23. 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]

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

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

a. City Of Newport Beach LCP Amendment No. NPB-MAJ-1-09 (AERIE). Time Extension. Public hearing and action on extension of time limit to act on request by City Of Newport Beach to change the land use designation of a 584 sq. ft. portion of a parcel in the coastal zone at 101 Bayside Place from RH-D (High Density Residential) to RM-A (Medium Density Residential), Newport Beach, Orange County. (LR-LB) [Time Extension APPROVED]

b. City Of Laguna Beach LCP Amendment No. LGB-MAJ-3-09 (Title 25 changes). Time Extension. Public hearing and action on extension of time limit to act on request by City Of Laguna Beach to amend the Implementation Plan to prohibit certain uses in the City; change grading/construction material hauling hours, modify threshold for development requiring design review, modify design review noticing requirements, exempt elevator shafts from floor area calculation, allow development on nonconforming lots and additions to legal nonconforming structures without a variance; and update the floodplain ordinance), Laguna Beach, Orange County. (KFS/MV-LB) [Time Extension APPROVED]

26.  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. 5-09-63 (Simon Trust, Newport Beach)  Application of Ronald M. Simon Trust to demolish single family home and construct new 2,545 sq.ft., 25 ft. high, two-story single family home with one detached, 438 sq.ft., two-car garage and one detached, 270 sq.ft. single-car garage with 408 sq.ft. office above two-car garage, at 2 Harbor Island, Newport Beach, Orange County. (MV-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 5-09-99 (Palm Beach Park Association, San Clemente)  Application of Palm Beach Park Association to remove and replace 306.5 ft. long and 6-ft. tall chain link fence and two gates (approx. 219.5 ft. of fence parallel to ocean and adjacent to OCTA railroad tracks and 87 ft. of fence perpendicular to ocean) on vacant beachfront lot (APN 691-341-02) downcoast of Poche Beach, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report linked from item 26c below on January 14.]

c. Application No. 5-09-105 (Norberg Trust, Laguna Beach)  Application of Norberg Family Trust to add to existing single-story single-family home including 307 cu. yds. cut/fill grading to construct semi-subterranean, 800 sq. ft. new lower level, within footprint of existing home, consisting of 2 bedrooms, 2 baths, family room and an additional 326 sq.ft. utility/storage room; add lower level paved patio with outdoor spa and shower, outdoor half spiral stair to access new lower level; and interior remodel of existing structure at street level; on bluff top lot at 86 S. La Senda, Three Arch Bay, Laguna Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report linked from item 26d below on January 12.]

d. Application No. 5-09-141 (City Of Newport Beach, Newport Beach)  Application of City of Newport Beach to install Tsunami Warning System at three (3) different locations along Balboa Peninsula.  At each location, install 50 ft. tall pole with 4.25 ft. tall siren (total 54.25 ft. tall) and associated improvements adjacent to base of pole, at 215 15th St, 5800 Seashore Drive, and 2300 Channel Rd., Newport Beach, Orange County. (FSY-LB) [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:

Berge et al. v. Cambria Community Services District et al., Govt. Code § 11126(e)(2)(A).
Cannery Row Marketplace, LLC v. CCC et al. Govt. Code § 11126(e)(2)(A).
Harrington et al. v. CCC Govt. Code § 11126(e)(2)(A).
Revell v. CCC (Access for All, RPI) Govt. Code § 11126(e)(2)(A).
Security National Guaranty, Inc. v. State of California, CCC 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). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).

27. APPROVAL OF MINUTES.[APPROVED]

28. COMMISSIONERS' REPORTS.

29. CONSERVANCY REPORT.

30. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

31. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. World Surfing Reserves Resolution.  Commission discussion and possible action on a resolution designation of World Surfing Reserves to demonstrate their value and importance as unique recreation resources for the benefit of current and future generations. (PD-SF) [APPROVED]

b. NOAA Resolution.  Commission discussion and possible action on a resolution in support of a request by NOAA to undertake an immediate assessment of the status of the California Gray Whale and to make its evaluation available for public information and use. (SC-SF) [APPROVED]

9:00 a.m.

FRIDAY, JANUARY 15, 2010

1. CALL TO ORDER.

2. ROLL CALL.

3. 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

4. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 6-09-59 (City of Carlsbad storm drain rehabilitation, Carlsbad)  Application of City of Carlsbad Public Works-Engineering Department to rehabilitate 18-in. corrugated metal storm drain pipe to include lining of 110 ft. of existing pipe and removal and replacement of 8 ft. of damaged pipe, at west of 4062 Garfield Street, abutting Agua Hedionda Lagoon, Carlsbad, San Diego County. (TR-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-09-63 (SeaWorld, San Diego)  Application of SeaWorld of California to construct 888 sq. ft  "Market Cart" plaza food vending area within interior of existing theme park, at 500 Seaworld Drive, Mission Bay Park, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-09-65 (City of San Diego pipeline repair, San Diego)  Application of City of San Diego Public Utilities Department for emergency water pipeline repair (after-the-fact) to include mitigation for habitat impacts, located within Los Penasquitos Lagoon, approximately 2,000 ft. north of terminus of Flintkote Avenue, Torrey Pines, San Diego, San Diego County. (TR-SD) [APPROVED WITH CONDITIONS]

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

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

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 remove 6 ft. of concrete footing from seaward side of unpermitted seawall, construct 10 ft. high addition to unpermitted seawall, install 35 ft. high tied-back concrete columns between existing ones and add 1.5 ft. thick colored and textured facing over seawall, on public beach below 680 Neptune Avenue, Encinitas, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]

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

a. Permit No. 6-04-88-A4 (Southern California Edison, Del Mar & San Diego)  Request by Southern California Edison (SCE) to amend Special Conditions #12 and #27 of permit to restore San Dieguito Lagoon to replace restoration module W45 with restoration module W16 as location for wetlands mitigation, and to extend timing to construct public beach accessways, within the San Dieguito River Valley between El Camino Real and Pacific Ocean, Del Mar and San Diego, San Diego County. (GB-SD) [POSTPONED]

[An addendum has been appended to the staff report linked from item 8b below on January 13.]

b. Permit No. 6-88-464-A1 (Lynch and Frick, Encinitas) Request by Barbara Lynch and Mr. and Mrs. Thomas Frick to amend permit for seawall to demolish and replace existing seawall, replace midbluff wall, landscape slope portion of bluff face and demolish and reconstruct lower half of private beach access stairway below two existing homes, on the beach and bluff below 1500 and 1520 Neptune Ave., Encinitas, San Diego County.  (GDC-SD) [WITHDRAWN]

NORTH COAST DISTRICT

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

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

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

[Exhibit 16 has been appended to one of the exhibit files on December 28.]

a. Humboldt County LCP Amendment No. HUM-MAJ-1-8 (Samoa Town Plan). Public hearing and action on request by Humboldt County to amend the certified Local Coastal Program to redesignate and rezone the industrial designation of town to mix of residential, commercial, open space, natural resources and business park uses and extend urban limit line within approximately 173 acre Samoa town site on Samoa Peninsula west of Humboldt Bay. (RSM-E) [POSTPONED]

12. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-1-MEN-09-51 (Yasskin, Dakers, Drake & Graham, Mendocino Co.). Appeal by Commissioners Wan & Kruer from decision of County of Mendocino granting permit with conditions to Aron Yasskin & Laviva Dakers and Colin Drake & Sasha Graham for a minor subdivision of a 22.84± acre parcel to create 2 parcels of approximately 10.9± acres and 11.93± acres at 44401 Gordon Lane, 1 mile northeast of Little River, Mendocino County. (MBK-E) [POSTPONED]

b. Appeal No. A-1-MEN-09-52 (Blue Port, LLC, Mendocino Co.) Appeal by Commissioners Wan & Kruer from decision of County of Mendocino granting permit with conditions to Blue Port, L.L.C. to construct 5,183 sq. ft. single-family home with attached 675 sq. ft. garage, and 1,536 sq. ft. of upper and lower attached decks (for a total structural size of 7,394 sq. ft.) and average height of 18 ft. above natural grade.  Associated developments include 2,400 sq. ft. barn, 600 sq. ft. guest house with attached deck and 192 sq. ft. cabana, 192 sq.ft. hobby workshop, 216 sq.ft. garden storage shed, 160 sq. ft cabana with attached deck, and replacement of existing shed.  Install septic system, driveway, water storage tank, well, and roof mounted solar.  Request for temporary use of guest cottage during construction, at 12350 South Highway One, approximately 3 miles south of Elk, Mendocino County. (MBK-E) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

13. 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 linked from item 13a below on January 14.]

a. Application No. 1-07-46 (Cher-Ae Heights Indian Community of the Trinidad Rancheria, Trinidad)  Application of Cher-Ae Heights Indian Community of the Trinidad Rancheria to reconstruct in-place existing 540-ft. long wooden Trinidad Pier with new concrete pier of same size to correct structural deficiencies of pier and improve pier utilities for benefit of public, and indirectly improve the water quality conditions for the biological community in the ASBS, at existing Trinidad Pier, end of Bay Street, Trinidad, Humboldt County. (JB-E) [APPROVED WITH CONDITIONS]

14. RECONSIDERATION.

a. Appeal No. A-1-MEN-07-28-R (Jackson-Grube Family, Inc., Mendocino Co.)  Reconsideration of Commission action to deny permit for Jackson-Grube Family, Inc. to redevelop existing complex of ranch buildings and develop five unit inn (that can be used as seven unit inn) by: (1) demolishing five existing ranch buildings; (2) renovating and expanding the approximately 2,049-sq.-ft. existing main building (former Orca Inn) into 9,809-sq.ft. inn building containing 2,989-sq.ft. main unit that can be used as three separate units, 1,112-sq.ft. upstairs unit, 823-sq.ft. downstairs unit, 1,547-sq.ft. “ell” unit, and 3,338 sq.ft of accessory common and service areas; (3) constructing 2,437-sq.ft. rental cottage and massage room; (4) constructing 1,737-sq.ft. ranch manager’s unit; (5) constructing 1,145-sq.ft. ranch equipment barn; (6) installing 240-sq.ft. generator/.pump shed; (7) constructing 1,479-sq.ft. garage for inn guests; (8) installing new septic system; (9) improving and rerouting portion of existing 14,810-sq.ft. driveway; and (10) burying existing overhead utility lines.  The proposed development is located at 31502 North Highway One, four miles south of Westport, Mendocino County. (RSM-E) [Reconsideration DENIED]

Future Meetings:  The next meetings of the Coastal Commission are February 10-12, 2010 in Oceanside and March 10-12, 2010 in Santa Cruz.