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June 2009 Agenda

Marina del Rey Hotel
13534 Bali Way
Marina del Rey, CA 90292
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The phone number will only be in service during the meeting.

This has been updated at 10:45 a.m., Tuesday, June 2, 2009.

 

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8:00 a.m.

THURSDAY, JUNE 11, 2009

1.  CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT (Los Angeles County)

3. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

4.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and  Vote 

a. Application No. 5-09-75 (Forsyth, Venice) Application of Charles Forsyth to demolish 1-story, single-family home and construct 3-level, 30-ft. high (with 40-ft. high roof access structure), 3,763 sq.ft., single-family home with attached 2-car garage on canal-fronting lot, at 2808 Strong's Drive, Venice, Los Angeles, Los Angeles County. (CP-LB)

SOUTH COAST DISTRICT (Orange County)

5.  ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES

a. Application No. 5-08-316 (Winget III Family Trust, Huntington Beach) Application of Clifford Winget III Family Trust to demolish boat dock float and construct new “U” shaped boat dock float with 8-ft. x 9-ft. landing at base of gangway (existing gangway to remain and be re-used), new and existing dock to extend 60 ft. from bulkhead to U.S. Pierhead line, remove 2 14-in. diameter piles, re-use 1 existing 14-in. diameter concrete pile, and include 2 new 14-in. diameter concrete piles, at 16732 Coral Cay Lane, Huntington Beach, Orange County. (MV-LB)

b. Application No. 5-09-52 (City of Newport Beach, Newport Beach) Application of City of Newport Beach to expand public dock and add new float sections below both sides of existing pier and gangway, at Fernando St. Public Dock adjacent to 311 Edgewater Ave., Newport Beach, Orange County. (LR-LB)

c. Application No. 5-09-53 (City of Newport Beach, Newport Beach) Application of City of Newport Beach to expand public dock, at 19th Street Public Dock, 233 19th Street, Newport Beach, Orange County. (LR-LB)

d. Application No. 5-09-54 (City of Newport Beach, Newport Beach) Application of City of Newport Beach to expand public dock, at 15th Street Public Dock, 215 15th Street, Newport Beach, Orange County. (LR-LB)

e. Application No. 5-09-060 (Younessi, Huntington Beach) Application of Michael Younessi to add 18-ft. area of concrete deck cantilevered 5 feet beyond bulkhead between 2 existing areas of concrete deck cantilevered 5 feet beyond bulkhead for total deck length of 92 feet (existing cantilevered deck segments are 36 feet and 38 feet in length). Also proposed is a 5-ft. tall, tempered glass railing with etched design in glass along perimeter of the deck, at 4022 Morningstar Drive, Huntington Beach, Orange County. (MV-LB)

SAN DIEGO DISTRICT

6.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and Vote 

a. Application No. 6-08-113 (Hyatt Regency, San Diego) Application of Hyatt Regency Mission Bay Spa and Marina to install floating dock system for rental of personal water craft to hotel guests and general public, at 1441 Quivira Road, Mission Bay Park, San Diego, San Diego County. (EL-SD)

b. Application No. 6-09-6 (Harrison, San Diego) Application of Eddie Harrison to demolish 1,836 sq.ft. 2-story residential duplex and construct 3-story, 2,965 sq.ft. home on 2,720 sq.ft. oceanfront lot, at 2933 Ocean Front Walk, Mission Beach, San Diego, San Diego County. (LRO-SD)

c. Application No. 6-09-17 (BioFuels Energy, LLC & San Diego Metro Wastewater Dept., San Diego) Application of BioFuels Energy, LLC & City of San Diego Metropolitan Wastewater Dept. to install portable office and equipment to capture and purify residual biogas from the SDWW treatment plant, at 1902 D Gatchell Road, Peninsula, San Diego, San Diego County. (LRO-SD)

SOUTH COAST DISTRICT (Los Angeles County)

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 Long Beach office at (562) 590-5071.

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

 Motion and Vote 

9. 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. 5-09-40 (Ocean Avenue Management LLC, Santa Monica) Application of Ocean Avenue Management LLC to demolish 2 separate motels, Pacific Sands Motel (57 rooms) and Santa Monica Beach Travelodge (30 rooms) and construct single 89,900 sq.ft., 164 room, 45-ft. high, moderately priced Travelodge hotel, with 4,670 sq.ft. of retail space, and total of 294 parking spaces in 4-level subterranean parking garage, at 1515-1525 Ocean Avenue, Santa Monica, Los Angeles County. (AP-LB)

 [Items 9b - 9h below share a single, combined staff report.]

 Organized Presentations 

 Public Comment on Items

 Rebuttal

 Return to Commission 

 Motion and  Vote

 Motion and Vote

 Motion and Vote

 Motion and Vote

 Motion and Vote

 Motion and Vote

 Motion and Vote

 Motion and Vote

 

b. Appeal No. A-5-VEN-08-340 (City of Los Angeles, Dept. of Transportation, Los Angeles) Appeal by Peggy Lee Kennedy et al., and Executive Director, Peter Douglas from decision of City of Los Angeles granting permit to City of Los Angeles, Dept. of Transportation to establish Overnight Parking District No. 520 (in the Oxford Triangle area) with parking restriction between 2 a.m. to 6 a.m., exempting vehicles with District No. 520 permits, on public streets throughout the Venice area, City of Los Angeles, Los Angeles County. (CP-LB)

c. Appeal No. A-5-VEN-08-341 (City of Los Angeles, Dept. of Transportation, Los Angeles) Appeal by Peggy Lee Kennedy et al., and Executive Director, Peter Douglas from decision of City of Los Angeles granting permit to City of Los Angeles, Dept. of Transportation to establish Overnight Parking District No. 521 (in the Presidents Row area) with parking restriction between 2 a.m. to 6 a.m., exempting vehicles with District No. 521 permits, on public streets throughout the Venice area, City of Los Angeles, Los Angeles County. (CP-LB)

[Items 9d through 9g below share a single, combined staff report.]

d. Application No. 5-08-314 (City of Los Angeles, Venice) Application of City of Los Angeles to establish Overnight Parking District No. 522 with parking restriction between 2 a.m. to 6 a.m., exempting vehicles with District No. 522 permits, in the west Venice area, Venice, Los Angeles County. (CP-LB)

e. Appeal No. A-5-VEN-08-342 (City of Los Angeles, Dept. of Transportation, Los Angeles) Appeal by Peggy Lee Kennedy et al., and Executive Director, Peter Douglas from decision of City of Los Angeles granting permit to City of Los Angeles, Dept. of Transportation to establish Overnight Parking District No. 522 (in the West Venice area) with parking restriction between 2 a.m. to 6 a.m., exempting vehicles with District No. 522 permits, on public streets throughout the Venice area, City of Los Angeles, Los Angeles County. (CP-LB)

f. Application No. 5-08-313 (City of Los Angeles, Dept. of Transportation, Venice) Application of City of Los Angeles, Dep. of Transportation to Establish Overnight Parking District No. 523 with parking restriction between 2 a.m. to 6 a.m., exempting vehicles with District No. 523 permits, City of Los Angeles, Los Angeles County. (CP-LB)

g. Appeal No. A-5-VEN-08-343 (City of Los Angeles, Dept. of Transportation, Los Angeles) Appeal by Peggy Lee Kennedy et al and Executive Director, Peter Douglas from decision of City of Los Angeles granting permit to City of Los Angeles, Dept. of Transportation to establish Overnight Parking District No. 523 (in the East Venice area) with parking restriction between 2 a.m. to 6 a.m., exempting vehicles with District No. 523 permits, on public streets throughout the Venice area, City of Los Angeles, Los Angeles County. (CP-LB)

h. Appeal No. A-5-VEN-08-344 (City of Los Angeles, Dept. of Transportation, Los Angeles) Appeal by Peggy Lee Kennedy et al and Executive Director, Peter Douglas from decision of City of Los Angeles granting permit to City of Los Angeles, Dept. of Transportation to establish Overnight Parking District No. 526 (in the Villa Marina area) with parking restriction between 2 a.m. to 6 a.m., exempting vehicles with District No. 526 permits, on public streets throughout the Venice area, City of Los Angeles, Los Angeles County. (CP-LB)

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

a. Permit No. 5-98-71-A (Axe Restaurant, Los Angeles) Request by Axe Restaurant to establish a 600 sq.ft. patio dining area as part of the existing restaurant with 690 sq.ft. of dining area, and provide off-site parking with valet service, at 1009 Abbot Kinney Blvd., Venice, Los Angeles, Los Angeles County. (CP-LB)

b. Permit No. 5-01-261-A2 (Los Angeles Co. Dept. of Beaches & Harbors, Los Angeles) Request by Los Angeles County Dept. of Beaches & Harbors to remove unpermitted chainlink fence and construct 42-in. high, 1.5-in. diameter anodized aluminum railing fence, extending 800 feet along seaward edge of the public parking lot; extend sidewalk construction 240 feet north to connect with Castellammare pedestrian overpass (Lot No. 5); construct second parking lot exit in northern part of lot to alleviate traffic congestion out of parking lot (Lot No. 3), Will Rogers State Beach (Lot No. 5) Pacific Palisades, Los Angeles County. (AP-LB)

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

a.  City of Carlsbad De Minimis LCP Amendment No. 2-09 (Planned Development Regulations). Concurrence with Executive Director’s determination that minor changes to the Planned Development Regulations to allow the elimination of building setbacks along drive-aisle for small, higher density projects and to clarify that protective barriers for upper level balconies/decks may extend above the height limit are de minimis. (TR-SD)

 Motion and Vote

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

 Motion and Vote 

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

a.  City of Oceanside LCP Amendment No. 01-08 (Telecommunication Facilities). Public hearing and action on request of City of Oceanside to amend its LCP Implementation Plan to revise certain zoning ordinances in the Downtown “D” District (Article 12, Article 4a) to accommodate the installation of telecommunication facilities in the Redevelopment Project Area. (TR-SD)

 Motion and Vote

 Motion and Vote 

b.  City of Carlsbad LCP Amendment No. 3-07A (Village Area Master Plan). Public hearing and action on request by City of Carlsbad to amend its Village Area Master Plan and Design Manual (LUP) to clarify/update development standards and implementing policies (IP) in the Village Area Redevelopment segment of the certified LCP. (LRO-SD)

 Motion and Vote

 Motion and Vote

 Motion and  Vote

c.  City of San Diego LCP Amendment No. 3-08A (6th Update of the Land Development Code). Public hearing and action on City of San Diego request to amend its LCP Implementation Plan to change verbiage, clarify intent, remove duplication and correct minor errors in multiple sections of the certified Land Development Code. (EL-SD)

 Motion and  Vote

 Motion and Vote 

14. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-6-OCN-07-18 (Sprint, 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) [POSTPONED]

b. Appeal No. A-6-ENC-09-25 (Taylor, Encinitas) Appeal by Commissioners Kruer & Wan from decision of City of Encinitas granting permit with conditions to Rick Taylor to demolish and reconstruct 526 sq.ft. garage and construct 250 sq.ft. addition and 176 sq.ft. deck above new garage on 6,046 sq.ft. blufftop lot, at 252 Neptune Avenue, Encinitas, San Diego County. (GDC-SD) [WITHDRAWN]

15. 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. 6-08-122 (Winkler, Solana Beach) Application of David J. Winkler to remove riprap at base of seawall, repair/maintain seawall, extend height of seawall 4-ft., extend length of seawall 62-ft. and reinforce bluff using geogrid structure, on public beach and bluff below 521 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD)

b. Application No. 6-09-08 (UCSD Student Housing, San Diego) Application of the University of California at San Diego to construct North Campus Housing Phase II project to accommodate 800 bed spaces in 145 apartment units consisting of four 5-story buildings, one 13-story, 130-ft. high building, and two, 1- and 2-story non-residential buildings totaling 250,950 sq.ft. on 5.4 ac. site at North UCSD Campus, La Jolla, San Diego, San Diego County. (LRO-SD)

c. Application No. 6-09-18 (Sikura, Solana Beach) Application of John Sikura to improve/remodel 2,426 sq.ft., 2-story, single-family home with detached 544 sq.ft., 2-car garage on 8,344 sq.ft. blufftop lot, at 509 Pacific Avenue, Solana Beach, San Diego County. (LJM-SD)

d. Application No. 6-09-24 (Caccavo, Solana Beach) Application of James & Kimberly Caccavo to improve/remodel 3,096 sq.ft., 2-story home with attached 829 sq.ft. 3-car garage on 13,865 sq.ft. blufftop lot, at 417 Pacific Avenue, Solana Beach, San Diego County. (LJM-SD)

16. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  Application No. 6-08-62 (Blackburn, Solana Beach) Ron Blackburn denied permit to demolish existing garage and construct 342 sq.ft. below grade garage and 369 sq.ft. first floor addition to existing single-story 1,414 sq.ft. home on 3,750 sq.ft. lot, at 205 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD)

 Motion and Vote

17. RECONSIDERATION. See AGENDA CATEGORIES.

a. Application No. 6-08-62-R (Blackburn, Solana Beach) Reconsideration of Commission action to deny permit for Ron Blackburn to demolish existing garage and construct 342 sq.ft. below grade garage and 369 sq.ft. first floor addition to existing single-story 1,414 sq.ft. home on 3,750 sq.ft. lot, at 205 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

18.  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.

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

20. 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. E-09-004 (Orange County Municipal Water District) Application by Orange County Municipal Water District to continue testing feasibility of existing slant well for potential use in future desalination facility, drill 2 bore holes to identify subsurface hydro-geological features, and install small desalination test facility, within Doheny State Beach in Dana Point, Orange County. (TL-SF)

 Motion and Vote 

b.  Application No. E-09-005 (Pacific Gas & Electric Co., Humboldt Co.) Application by Pacific Gas & Electric Co. to widen and construct roads, construct equipment laydown/storage/parking areas, install buildings and equipment, and conduct other similar modifications to prepare site for decommissioning the Humboldt Bay Power Plant, adjacent to Humboldt Bay, Humboldt County. (TL-SF)

 Motion and Vote 

SOUTH COAST DISTRICT (Orange County)

21. 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 Laguna Beach LCP Amendment No. LGB-MAJ-1-08B (Parking). Concurrence with the Executive Director’s Determination that the action by the City of Laguna Beach, accepting certification of LGB-MAJ-1-08B with modifications (for changes to Chapter 25.52 Parking Requirements), is legally adequate, Orange County. (MV-LB)

b.  City of Laguna Beach LCP Amendment No. LGB-DM-1-09 (De Minimis). Concurrence with Executive Director's determination that proposed modifications to City of Laguna Beach certified LCP to amend the Implementation Plan portion of certified LCP to regulate interior signs that are positioned primarily for the purpose of being read or visible from the exterior of the building, is de minimis, Laguna Beach, Orange County. (MV-LB).

 Motion and Vote 

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

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

a.  City of Dana Point LCP Amendment No. 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)

 Motion and Vote

 Amending  Motion and  Vote

23. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-5-LGB-09-77 (Fried, Laguna Beach) Appeal by Commissioners Clark & Wan, and South Laguna Civic Association decision by City of Laguna Beach granting permit to Billy Fried to provide kayak staging/rentals/lessons/tours operation on public beach adjacent to Montage Resort/Spa, at 30801 Coast Highway, Laguna Beach, Orange County. (LR-LB)

 Motion and  Vote 

24. 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. 5-09-66 (DEKK Associates, LP, San Clemente) Application of DEKK Associates, LP to remodel exterior/interior and reuse of existing vacant 3,951 sq.ft. commercial building into 3,284 sq.ft. restaurant with 667 sq.ft. enclosed patio totaling 70 interior seats and 38 patio dining seats. No additional parking will be provided. Minimal landscaping and no grading is proposed on 8,000 sq.ft. commercial site located in downtown area, at 213 Avenida Del Mar, San Clemente, Orange County. (LR-LB)

 Motion and Vote 

b.  Application No. 5-09-55 (Bay Island Club, Newport Beach) Application of Bay Island Club to 1) reinforce, in part, and replace, in part, the entire 1,200 linear ft. long bulkhead system surrounding a private island developed with 24 single family homes; 2) demolish gated pedestrian bridge linking island to mainland and construct new gated, pedestrian bridge in different alignment; and 3) construct 'sand retention wall' offshore of small private beach on western side of island, at 1-26 Bay Island, Newport Beach, Orange County. (KFS-LB)

 Motion and  Vote 

ENFORCEMENT

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

26. Commission Cease & Desist Order No. CCC-09-CD-01 (Ackerberg, Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Lisette Ackerberg, trustee of the Ackerberg Trust and owner of property to: 1) cease from engaging in further unpermitted development activities, including maintaining existing unpermitted development; 2) remove unpermitted development consisting of rock rip-rap, a wall, concrete slab and generator, fence, railing, planter, and landscaping from the areas covered by the lateral and vertical public access easements on the property; and 3) comply with conditions of existing permits and vertical and lateral public access easements, which provide for unobstructed public access over the areas of the property covered by those easements, located at 22500 and 22466 Pacific Coast Highway, Malibu, Los Angeles County. (ANM-SF) [POSTPONED]

27. Notice of Violation No. CCC-09-NOV-01 (Ackerberg, Malibu, Los Angeles Co.) Public hearing and Commission action identifying unpermitted development by Lisette Ackerberg, trustee of the Ackerberg Trust and property owner, on property located at 22500 and 22466 Pacific Coast Highway, Malibu, Los Angeles County. (ANM-SF) [POSTPONED]

 GENERAL PUBLIC COMMENT