8:00 A.M.

WEDNESDAY, NOVEMber 17, 2010

1. CALL TO ORDER.

2. ROLL CALL.

3. GENERAL PUBLIC COMMENT. Public comments will be heard at  8 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

4. ADMINISTRATIVE CALENDAR . See AGENDA CATEGORIES.

a. Application No. 5-10-197 (City of Newport Beach, Newport Beach) Application of City of Newport Beach, Department of Public Works for Seismic retrofit of existing pedestrian bridge including reinforcement of bridge abutments, deck and support columns, at Goldenrod Avenue Bridge Overcrossing, Newport Beach. (FSY-LB) [APPROVED]

5. CONSENT CALENDAR. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 5a below on November 16.]

a. Application No. 5-10-99 (Cyr, San Clemente) Application of Mr. & Mrs. Peter Cyr for new landscape improvements, fence, pool, deck and additions and remodel totaling 848 sq.ft. to existing single family home adjacent to San Clemente State Beach Park, at 3803 Vista Azul, San Clemente, Orange County. (JDA-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

6. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-10-68 (San Diego Unified Port District H St. Extension) Application of San Diego Unified Port District to extend H Street from Bay Blvd. west, approximately 700 linear feet, as 2-lane road with bike lanes, including paving, median, sidewalks, landscaping, drainage, and utilities, at H Street from Bay Boulevard to mean high tide line, Chula Vista, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

7. ENERGY, OCEAN RESOURCES and WATER QUALITY REPORT. Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, matters not requiring public hearings, and status report on offshore oil & gas exploration & development.

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

9. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 9a below on November 16.]

a. Appeal No. A-5-HNB-10-225 (Poseidon Resources, Huntington Beach) Appeal by Orange County Coastkeeper, Surfrider Foundation, Residents for Responsible Desalination, and Commissioners Wan & Mirkarimi from decision of City of Huntington Beach granting permit with conditions to Poseidon Resources for desalination facility, at AES Huntington Beach Power Plant, Huntington Beach, Orange County. (TL-SF) [SUBSTIANTIAL 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.

[An addendum has been appended to the staff report for item 10a below on November 16.]

a. Application No. E-10-009 (Atlantic Richfield Co., Goleta) Application of Atlantic Richfield Co. to (a) remove a total of 40 feet of 6-in. diameter oil pipeline from 3 locations; (b) remove alarm panel and pump skid; and (c) drain, clean and grout 800 linear feet of oil pipeline, Goleta, Santa Barbara County. (CT-SF) [APPROVED WITH CONDITIONS]

b. Application No. E-10-011 (Signal Hill Petroleum, Inc., Long Beach) Application of Signal Hill Petroleum, Inc. to remove wetland and non-wetland vegetation from storm water collection and retention system and in areas surrounding buildings, oil pumps, electrical poles and pipelines at Bryant Lease Oil Field, Long Beach, Los Angeles County. (KHH-SF) [APPROVED WITH CONDITIONS]

11. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

12. REVISED FINDINGS.

a. CD-035-10 (U.S. Army Corps of Engineers, Los Angeles Co.) Conditional concurrence with consistency determination by Corps of Engineers for maintenance dredging and disposal operations at Marina del Rey Harbor entrance channels, Dockweiler and Redondo Beaches and adjacent nearshore waters, and Slip 1 in the Port of Long Beach. (LJS-SF) [POSTPONED]

ENFORCEMENT

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

SOUTH COAST DISTRICT (Orange County)

[Supplemental memorandum appended to the Deputy Director's Report below on November 16.]

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.

15. LOCAL COASTAL PROGRAMS (LCPs) Major. See AGENDA CATEGORIES.

a. City of Laguna Beach Local Coastal Program Major Amendment No. 1-10 (Land Use Element Update) Time Extension. Request to extend the 90-day time limit for action for up to one year on an amendment request by City of Laguna Beach to amend the certified Local Coastal Program (LCP), by replacing the Land Use Element of the certified Land Use Plan with a new, updated version of the Land Use Element. The LCP amendment affects only the Land Use Plan portion of the certified LCP. The Land Use Element is effective Citywide throughout the coastal zone. (MV-LB) [Time Extension APPROVED]

b. City of Laguna Beach Local Coastal Program Major Amendment No. 2-10 (Seven Changes) Time Extension. Request to extend the 60-day time limit for action for up to one year on an amendment request by City of Laguna Beach to amend the certified Local Coastal Program (LCP), by making seven unrelated changes to the certified Implementation Plan. The LCPA affects only the Implementation Plan portion of the certified LCP. (MV-LB) [Time Extension APPROVED]

[Additional correspondence has been added to the memo for item 15c below on November 16.]

c. City of Dana Point LCP DPT-MAJ-2-10-Time Extension. Public hearing and action to extend 90-day time limit for action on City of Dana point LCP Amendment 2-10 that will accomplish the following: 1)include a new land use designation “Residential/Commercial” in the Land Use Element of the General Plan, as outlined in General Plan Amendment GP07-01, 2)include a new Zoning Category “Residential Commercial-18 (R/C-18)” in the Zoning Ordinance, as outlined in the Zone Text Amendment ZT07—2, and 3) change the designation of the subject site, 34202 Del Obispo Street, from “Dana Point Specific Plan-Coastal Recreation Space” to General Plan designation of “Residential/Commercial” and the Zoning Designation of “R/C-18”, as outlined in Zone Change ZC07-01. (FSY-LB) [Time Extension APPROVED]

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

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

a. Application No. 5-10-031 (Paicius, Laguna Beach) Application of Rick & Robin Paicius to substantially demolish single family home and remodel/construct 5,416 sq.ft., 28-ft. high, 2-story (with additional existing 782 sq.ft. understory, storage area to remain with reduced square footage of 642 sq. ft.) single family home with attached 548 sq.ft., 2-car garage, located within bluff top setback area, at 32 North La Senda, Laguna Beach, Orange County. (MV-LB) [DENIED]

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.

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

[An addednum has been appended to the staff report for item 19a below on November 16.]

a. City of San Diego LCP Amendment No. 2-10 (Pt. Loma Townhomes Resubmittal). Public hearing and action on request by City of San Diego to amend its LCP and the certified Peninsula Community Plan LUP to re-designate 1.65 ac. site bounded by Carleton, Scott and Dickens Streets from Industrial (fishing/marine-related) to Commercial use. (DNL-SD) [TO CONTINUE]

b. City of Encinitas LCP Amendment No. 2-10 A (DESP Historic Preservation Overlay Zone) and B (Valet Parking) Time Extension. Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by City of Encinitas to amend its certified implementation plan to establish a historic preservation overlay in its downtown area and allow valet parking through a minor use permit. (DNL-SD)  [Time Extension APPROVED]

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

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

[Items 21 a and 21b below share a single, combined staff report.]

a. Appeal No. A-6-ENC-09-40 (Okun, Encinitas) Appeal by Commissioners Wan & Shallenberger from decision of City of Encinitas granting permit with conditions to Leonard Okun to demolish portions of existing single-family home and construct 2,986 sq.ft. 2-story single-family home with 447 sq.ft. garage and 1,677 sq.ft. basement on coastal blufftop lot, at 828 Neptune Avenue (lot 18), Encinitas, San Diego County. (ND-SF) [POSTPONED]

b. Appeal No. A-6-ENC-09-41 (Okun, Encinitas) Appeal by Commissioners Wan & Shallenberger from decision of City of Encinitas granting permit with conditions to Leonard Okun to demolish portions of existing single-family home and to construct 3,136 sq.ft., 2-story single-family home with 459 sq.ft. garage and 1,798 sq.ft. basement on coastal blufftop lot, at 828 Neptune Avenue (lot 19), Encinitas, San Diego County. (ND-SF) [POSTPONED]

[An addendum has been appended to the staff report for item 21c below on November 16.]

c. Application No. 6-10-69 (Moran, San Diego) Application of Monty & Kathy Moran to construct 170 sq.ft. addition and remodel existing legally non-conforming 1,455 sq.ft. 2-story, with attached 254 sq.ft. garage on 1,546 sq.ft. lot, at 702 Verona Court, Mission Beach, San Diego, San Diego County. (ES-SD) [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:

CCC v. Witter et al. Govt. Code §11126(e)(2)(A)
Catanzarite v. City of Newport Beach, CCC Govt. Code §11126(e)(2)(A)
Hagopian v. CCC Govt. Code §11126(e)(2)(A)
North Pacifica LLC v. CCC Govt. Code §11126(e)(2)(A)
Ojavan Investors v. CCC et al. Govt. Code §11126(e)(2)(A)
Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles Govt. Code §11126(e)(2)(A)
SDS Family Trust v. CCC Govt. Code §11126(e)(2)(A)
Yandow et al. v. 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). 

22. APPROVAL OF MINUTES. [Minutes APPROVED]

23. COMMISSIONERS' REPORTS.

24. CONSERVANCY REPORT.

25. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

26. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Interagency Agreement. Approval of transfer of federal funds to the San Francisco Bay Conservation and Development Commission to implement improvements to land use and project/permit tracking information management systems. (MJ/SH-SF)

8:00 a.m.

THURSDAY, NOVEMBER 18, 2010

1. CALL TO ORDER.

2. ROLL CALL.

3. GENERAL PUBLIC COMMENT. Public comments will be heard at 8 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 CENTRAL COAST DISTRICT

4. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. University of California Santa Barbara Notice of Impending Development De Minimis No. 5-10 (Harder Stadium Improvements). Public hearing and action on Notice of Impending Development by the University of California, Santa Barbara for the addition of a new 62-ft. high by 10-ft. wide scoreboard with associated support structure added to the southeast corner of Harder Stadium and hardscape and landscape improvements, including removal of 13 trees, to northwest corner of Stadium Road and entry road to Parking Lots 28, 30, and 38. located on Storke Campus of the University of California, Santa Barbara, Santa Barbara County. (ADB-V) [APPROVED WITH CONDITIONS]

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 Ventura office at (805) 585-1800.

a. City of Malibu LCP Amendment No. MAL-MAJ-2-09-B Certification Review. Concurrence with Executive Director’s determination that action by the City of Malibu, acknowledging receipt, acceptance, and agreement with the Commission’s certification with suggested modifications, is legally adequate. (DC-V) [APPROVED]

b. County of Santa Barbara LCP Amendment No. MIN-1-10 (Montecito Growth Management Ordinance). Concurrence with the Executive Director’s determination that the County of Santa Barbara’s request to amend its LCP to: (1) extend the expiration date of the Montecito Growth Management Ordinance (MGMO), Chapter 35B of the Santa Barbara County Code, to 2030 and (2) clarify and amend procedures and other ordinance language of the MGMO which limits the pace of new residential development to 19 units per year using a point-based allocation system, with exceptions, is a minor amendment. (AT-V)[APPROVED]

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

a. City of Malibu LCP Amendment No. MAL-MAJ-3-09. Public hearing and action on request by the City of Malibu to amend the Transfer Development Credit (TDC) provisions of its certified LCP to allow ownership of TDC donor parcels to be transferred to a public entity willing to accept title, and to allow TDC donor parcels to be merged with adjacent buildable lots rather than adjacent already developed lots, City of Malibu, Los Angeles County. (DC-V) [APPROVED WITH MODIFICATIONS]

[Items 6b and 6c below share a single, combined staff report;
an addendum has been linked from the staff report on November 17.]

b. County of Santa Barbara LCP Amendment No. MAJ-1-09-A (County Land Use and Development Code). Public hearing and action on request by the County of Santa Barbara to amend its LCP to replace the existing Coastal Zoning Ordinance with the new Santa Barbara County Land Use and Development Code for areas of Santa Barbara County with the exception of the Montecito Community Plan Area, Santa Barbara County. (SLG-V) [APPROVED WITH MODIFICATIONS]

c. County of Santa Barbara LCP Amendment No. MAJ-1-09-B (Montecito Land Use and Development Code and Rezone). Public hearing and action on request by the County of Santa Barbara to amend its LCP to replace the existing Coastal Zoning Ordinance with a separate Land Use and Development Code for the Montecito Community Plan Area and rezone two parcels (APN 009-230-025 and -026) located in Montecito from Retail Commercial to Neighborhood Commercial, Santa Barbara County. (SLG-V) [APPROVED WITH MODIFICATIONS]

7. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-4-MAL-10-053 (WFS Seastar, Malibu) Appeal by Malibu Coalition for Slow Growth from decision by the City of Malibu granting permit to WFS Seastar Co., LLC for demolition of abandoned gas station, and construction of 2,499 sq.ft. commercial office building with rooftop parking lot, vehicular ramp, septic system, landscaping, and 1,370 cu.yds. of grading (830 cu.yds. cut and 540 cu.yds. fill) at 22729 Pacific Coast Highway, Malibu, Los Angeles County. (BJC-V) [POSTPONED]

b. Appeal No. A-4-SBV-10-075 (Hansen, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to BJ Hansen to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40 ft. seaward of private property boundary at 1277 New Bedford Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

c. Appeal No. A-4-SBV-10-076 (Stern, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Lisa and Howard Stern to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1132 Bangor Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

d. Appeal No. A-4-SBV-10-077 (Puchlevic, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to William and Sandra Puchlevic to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 2330 Zephyr Court, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

e. Appeal No. A-4-SBV-10-078 (Wilson, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Ron Wilson to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1275 Norwich Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

f. Appeal No. A-4-SBV-10-079 (Benjamin, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Edith Benjamin to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1186/1188 Pittsfield Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

g. Appeal No. A-4-SBV-10-080 (Scully, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Daniel Scully to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1196 Winthrop Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

h. Appeal No. A-4-SBV-10-081 (Lovejoy, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Scott Lovejoy to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from an approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1344 Devon Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

i. Appeal No. A-4-SBV-10-082 (Maitland, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Mark and Randie Maitland to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1087 Brockton Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

j. Appeal No. A-4-SBV-10-083 (Diesfeld, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Patrick and Estela Diesfeld to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1239 Kingston Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

k. Appeal No. A-4-SBV-10-084 (Bauer, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Elizabeth Bauer to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1019 Woodstock Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

l. Appeal No. A-4-SBV-10-085 (Roth, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Stepfanie and Myron Roth to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1195 Winthrop Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

m. Appeal No. A-4-SBV-10-086 (Henkin, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Mel and Faith Henkin to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1001 Sharon Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

n. Appeal No. A-4-SBV-10-087 (Jacobs, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Liza and David Jacobs to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1234 Kingston Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

o. Appeal No. A-4-SBV-10-088 (Lemer, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Gloria Lemer to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40 ft. seaward of the private property boundary at 1084 Brockton Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

p. Appeal No. A-4-SBV-10-089 (Icardo, Ventura Co.) Appeal by Commissioners Shallenberger & Wan of decision by City of San Buenaventura granting permit to Rosemary Icardo to grade, clear, and remove unquantified amount of sand on as-need basis (in perpetuity) from approx. 3,800 sq.ft. area of public beach and dunes extending 40-ft. seaward of private property boundary at 1044 Waterbury Lane, Ventura, Ventura County. (SMH-V) [Permit Application WITHDRAWN]

q. Appeal No. A-4-STB-10-094 (Next G Networks, Santa Barbara Co.) Appeal by Joanne Shefflin of decision by County of Santa Barbara granting permit with conditions to Next G Networks for construction of unmanned wireless telecommunications facility which includes one 26-in. whip omni antenna, mounted on bracket connected to existing metal pole, and one underground 3’x5’x3’ vault to store equipment, located adjacent to 1710 San Leandro Lane in a public right-of-way, Montecito, Santa Barbara County. (AT-V) [POSTPONED]

8. 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. 4-07-122 (Arrow, Los Angeles Co.) Application of Alex Arrow to construct 3-story 35-ft. high 1,979 sq.ft. single-family home with attached 748 sq.ft. 3-car garage, 1,282 sq.ft. balconies/decks, driveway, retaining walls, septic system, drainage improvements, and 22 cu.yds. of cut grading with 22 cu.yds. of fill, located at 26557 Ocean View Drive, Malibu Vista Small Lot Subdivision, Malibu, Los Angeles County. (JJ-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 8b below on November 17.]

b. Application No. 4-09-038 (Oly Chadmar General Partnership, Goleta) Application of Oly Chadmar General Partnership to construct 101-unit residential condominium totaling 139,469 sq. ft. of building coverage and 95,628 sq. ft. of streets, sidewalks, driveways, and parking areas, open space areas, habitat revegetation, and 41,950 cu.yds. grading (21,050 cu.yds. cut and 20,900 cu.yds. fill) on 14.46 ac. site, 7900 Hollister Avenue, City of Goleta, Santa Barbara County. (AT-V) [APPROVED WITH CONDITIONS]

[An addendum has been linked from the staff report for item 8c below on November 17.]

c. Appeal No. A-4-MAL-09-070 (Drane, Los Angeles Co.) Appeal by Commissioners Shallenberger & Wan from decision of City of Malibu granting permit to Clark Drane to construct 110-ft. long, 3-ft. wide private staircase on bluff face, located within pedestrian easement held by owner that extends across servient property (developed with single family home) adjacent to owner’s residential triplex parcel, connecting Birdview Avenue to public Westward Beach at 7271 and 7273 Birdview Avenue, Malibu, Los Angeles County. (ND-V) [DENIED]

d. Application No. 4-10-012 (Hughes, Los Angeles Co.) Application of Erin Hughes to restore failed slope and remove and recompact approximately 2,699 cu.yds. of slide debris (1,360 cu.yds. of cut and 1,339 cu.yds. of fill), located at 2145 Rambla Pacifico Street, Los Angeles County. (ADB-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

e. Application No. 4-10-061 (City of Carpinteria, Santa Barbara Co.) Application of City of Carpinteria for 5-year permit for annual construction and removal of approx. 1,500-ft. long, 10-12-ft. high, winter sand berm involving approx. 26,000 cu.yds. of grading, including 13,000 cu.yds. of excavation and 13,000 cu.yds. of fill, located at Carpinteria City Beach, Carpinteria, Santa Barbara County. (KSB-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

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

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

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

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

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

a. City of Pismo Beach LCP Amendment PSB-1-10 Part 2 (Vacation Rentals). Time Extension. Public hearing and action on extension of time limit to act on request by City of Pismo Beach to modify LCP standards related to vacation rentals throughout the City. (MC-SC)  [Time Extension APPROVED]

14. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-SLO-10-028 (Warren Willis Trust, San Luis Obispo Co.) Appeal by Commissioners Shallenberger & Wan of San Luis Obispo County decision granting permit with conditions to Warren Willis Trust for lot line adjustment for 2 agricultural properties (from approximately 318 acres and 1.1 acres to approximately 316.5 acres and 2.6 acres) along San Simeon Creek Road upcoast of Cambria in unincorporated San Luis Obispo County. (JB-SC) [Permit DENIED]

b. Appeal No. A-3-SCO-10-052 (Bartfield, Santa Cruz Co.) Appeal by Dennis Beach of Santa Cruz County decision granting permit with conditions to Lou and Isabel Bartfield to remodel and add to existing Rio Sands Motel (including new mansard roof, entrance foyer enlargement, enclosure of existing uncovered stairways, covering existing garbage facilities, and improvements to building facade, exterior lighting, signage, and landscaping) at 116 Aptos Beach Drive in unincorporated Aptos-Rio Del Mar area, Santa Cruz County. (SC-SC) [NO SUBSTANTIAL ISSUE FOUND]

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.

a. Application No. 3-10-029 (Johnston, Pacific Grove) Application for 72 sq.ft. addition to residence and related development (stone patio, brick paver driveway, window and roof replacements, demolition/rebuild of storage structure) at 1400 Pico Avenue in the Asilomar Dunes area of Pacific Grove in unincorporated Monterey County. (MW-SC)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

16. REVISED FINDINGS.

a. Application No. A-3-SLO-07-035 (Stolo, San Luis Obispo Co.) Consideration of findings and conditions for Commission's approval of coastal permit to allow phased development of 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) [Findings APPROVED]

17. REAPPLICATION WAIVER.

a. City of Santa Cruz Arana Gulch Master Plan. Consideration of a waiver of the six month waiting period for permit reapplication for the Arana Gulch Master Plan in the City of Santa Cruz, pursuant to Commission Code of Regulations Section 13056.1 (SC-SC) [Waiver APPROVED]

 

8:00 a.m.

FRIDAY, NOVEMBER 19, 2010

1. CALL TO ORDER.

2. ROLL CALL.

3. GENERAL PUBLIC COMMENT. Public comments will be heard at 8 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 COAST DISTRICT

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

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

6. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIESdescription on page

7. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 7a below on November 18.]

a. Appeal No. A-1-MEN-09-23 (Wernette, Mendocino Co.) Appeal by Duane M. Hines & Richard & Judith Turnlund from decision of County of Mendocino granting permit with conditions to George & Jerri Wernette for construction of 2-story single-family home with 1,950(+/-) sq. feet of living space and 350(+/-) sq.ft. attached garage and installation of sewage pump tank and connection of off-site septic disposal services, connection of community water, installation of driveway, retaining walls, LPG tank, generator, on-site drainage infrastructure, and connection of utilities, at 38454 Robinson Reef Drive, Gualala, Mendocino County. (TG-E) [SUBSTANTIAL ISSUE FOUND, Permit APPROVED WITH CONDITIONS at de novo hearing]

8. 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. 1-99-55 (PG&E & Humboldt Bay Harbor, Recreation & Conservation District, Humboldt Co.) Application of PG&E & Humboldt Bay Harbor, Recreation & Conservation Dist. to divide approximately 100-ac. area from surrounding parcels and concurrent merger of 100-ac. (currently known as APNs 305-131-36, 37; 305-141-04, 03 and 305-161-01) into 1 parcel to correct 1983 and 1984 conveyances of property to Humboldt Bay Harbor District from Eureka Shipbuilders and PG&E without benefit of coastal development permits for division of these lands from surrounding property, located adjacent to Humboldt Bay Power Plant, on west side of U.S. Highway 101 within King Salmon Area of Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 8b below on November 18.]

b. Application No. 1-09-47 (County of Del Norte & California Dept. of Fish & Game, Del Norte Co.) Application of County of Del Norte & Dept. of Fish & Game for periodic breaching of Lake Earl/Lake Tolowa sandbar for flood control purposes during 2010-2011 through 2014-2015 rainy seasons (September 1 to February 15) whenever lagoon elevations reach 8 ft. above mean sea level, and again on or about February 15 if lagoon elevations are 5 feet or more above mean sea level, approximately 5 miles north of Crescent City on sandbar separating Lake Earl and Lake Talawa from Pacific Ocean, Del Norte County. (JB-E) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the report for item 8c below on Febraury 17.]

c. Application No. 1-10-10 (Maier, Humboldt Co.) Application of Richard & Cindy Maier to develop 763 sq.ft. attached garage with divided rear storage area and 416 sq.ft. attached single-car garage structure at front of existing residential structure, plus other improvements including new paved driveway layout, new pathway to rear of garage/new storage area, and formation of landscaped entry court located at front of residence, between 2 proposed garage structures, at 294 Round House Creek Road, Big Lagoon, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

[Supplemental memorandum appended to the Deputy Director's Report below on November 16.]

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 Long Beach office at (562) 590-5071. [APPROVED]

a. Rancho Palos Verdes LCP Amendment RPV-MAJ-1-10 DDR. Concurrence with Executive Director’s Determination that action by the City of Rancho Palos Verdes, accepting certification of RPV-MAJ-1-10 with modification, which amends the City’s certified Land Use Plan (LUP) and implementation plan by allowing a change in land use and zoning designations for a vacant parcel is legally adequate. (JDA-LB) [APPROVED]

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

11. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-RPV-10-2 (Brian & Jenifer Conroy, Rancho Palos Verdes) Appeal by Commissioners Shallenberger & Wan, and James Huston, Pamela Simes Fleming & Don Fleming from decision of City of Rancho Palos Verdes granting permit to approve after-the-fact for pool, spa and outdoor chimney barbeque in the rear yard area of bluff top property, at 24 Sea Cove Drive, Rancho Palos Verdes, Los Angeles County. (CP-LB) [POSTPONED]

12. 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 linked from the report for item 12a below on Febraury 17.]

a. Appeal No. A-5-LOB-10-15 (2H Properties, Long Beach) Appeal by Commissioners Mary Shallenberger & Sara Wan, Los Cerritos Wetlands Trust (Elizabeth Lambe, Executive Director), Thomas Marchese, Heather Altman, Mary Suttie, David Robertson, El Dorado Audubon Society (Mary Parsell), and Our Town-Long Beach (Joan Hawley McGrath, Sandie Van Horn, Pat Towner, Cindy Crawford, Tarin Olsen, Kerrie Aley, Allan Songer & Brenda McMillan, from decision of City of Long Beach granting permit with conditions to import 1,000 cu.yds. of soil to re-establish and maintain cap over existing landfill (in response to Coastal Commission Emergency Permit 5-09-068-G, and weed abatement and remediation, at 6400 Loynes Drive, Long Beach, Los Angeles County. (CP-LB) [Permit APPROVED WITH MODIFICATIONS]

b. Application No. 5-10-190 (City of Los Angeles Department of Transportation, Del Rey Lagoon) Application of City of Los Angeles Department of Transportation for establishment of Preferential Parking District (Parking District No. 27) to prevent overnight parking between the hours of 10 p.m. and 8 a.m. in a residential neighborhood by non-residents, and to make parking more available for residents and their guests, at area bounded by the Pacific Ocean, Ballona Creek, the east side of Vista Del Mar, the south side of Argonaut Street, the east side of Esplanade Street, south side of Convoy Street, including 63rd Avenue between Vista Del Mar and the dead-end east of Vista Del Mar, in Playa del Rey, in the City of Los Angeles, Los Angeles County. (AP-LB) [DENIED]

Future Meetings: The next meetings of the Coastal Commission are December 15-17, 2010 in San Francisco and January 12-14, 2011 in Los Angeles or Orange County.