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THURSDAY, AUGUST 13, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

 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

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

a.  Briefing on the City of Fort Bragg’s Specific Plan Process for reuse of the approximately 400-acre Georgia Pacific mill site, west of Highway One, adjacent to downtown Fort Bragg, Mendocino County. 

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

 Motion and Vote 

5. NEW APPEALS.  See AGENDA CATEGORIES

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 to construct a two-story single-family home with 1,950+- sq.ft. of living space and a 350+- sq.ft. attached garage.  Install sewage pump tank and connect to off-site septic disposal services, connect to community water, install driveway, retaining walls, LPG tank, generator, on-site drainage infrastructure, and connect to utilities, at 38454 Robinson Reef Drive, Gualala, Mendocino County. (RSM-E) [POSTPONED]

b.  Appeal No. A-1-MEN-09-29 (Mendocino Land Trust & Sandra J. Babcock Trust, Mendocino Co.)  Appeal by Robert Calvert from decision of County of Mendocino granting permit with conditions to Mendocino Land Trust & Sandra J. Babcock Trust for Coastal Development Boundary Line Adjustment to adjust approximately 9 acres from a 14.8-acre parcel (Parcel 2) to a 3.2-acre parcel (Parcel 1) creating adjusted parcels of 5.8+- (Parcel 2) and 12.1+- acres (Parcel 1), at 1/2 mile south of Fort Bragg, along the south side of Highway 20 and across Highway 1 to beach, at 32961 CR#447A, Mendocino County. (RSM-E) [NO SUBSTANTIAL ISSUE FOUND]

 Motion and  Vote 

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

a.  Application No. 1-08-10 (County of Humboldt Public Works Department, Humboldt Co.)  Application of County of Humboldt Public Works Department to improve public boat launch ramp and parking area by:  (1) expanding parking area on County of Humboldt-owned parcel (existing bathroom will be relocated to accommodate parking expansion); (2) creating new parking area on Harbor District-owned parcel north of ramp; (3) installing new lighting; (4) installing signage and traffic control measures; and (5) installing tsunami warning siren, at Railroad Avenue, Fields Landing, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 6b below on August 12th.]

b.  Application No. 1-08-49 (Trinidad Rancheria, Trinidad)  Application of Trinidad Rancheria to replace septic system, construct approximately 1,300 sq.ft. public restroom and 100 ft. long, 10 ft. high retaining wall, at Trinidad Harbor, 1 Bay Street, Trinidad, Humboldt County. (RSM-E) [APPROVED WITH CONDITIONS]

 Motion and Vote

 Motion and Vote 

 [Items 6 c,d,e,f are combined.]

c. Application No. 1-09-5 (Eureka Ready Mix Concrete Company, Inc., Humboldt Co.)  Application of Eureka Ready Mix Concrete Company, Inc. for proposed extraction of up to 150,000 cu.yds. of aggregate annually from exposed gravel bars of Eel River at Singley Bar, downstream of Fernbridge crossing, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]

 Motion and Vote 

d. Application No. 1-09-6 (Eureka Ready Mix Concrete Company, Inc., Humboldt Co. )  Application of Eureka Ready Mix Concrete Company, Inc. for proposed extraction of up to 150,000 cu.yds. of aggregate annually from exposed gravel bars of Eel River, at Hauck Bar, off of Fowler Lane, near Fortuna, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]

 Motion and Vote 

e. Application No. 1-09-11 (Hansen, Humboldt Co.)  Application of Charles F. Hansen for proposed extraction of up to 50,000 cu.yds. of aggregate annually for period of five years from exposed gravel bar of Eel River, at Hansen Bar (river mile 13.5), near 2404 Sandy Prairie Road, Fortuna, Humboldt County. (MBK-E)  [APPROVED WITH CONDITIONS]

 Motion and Vote 

f. Application No. 1-09-22 (Mercer-Fraser Company, Humboldt Co.)  Application of Mercer-Fraser Company for (1) proposed extraction of up to 70,000 cu.yds. of sand and gravel annually for five years from river bars located at Plant A, just south of the City of Fortuna sewage treatment plant; (2) proposed extraction of up to 200,000 cu.yds. of sand and gravel annually for five years from river bars located at Plant B, just north of the City of Fortuna sewage treatment plant; and (3) installation and removal of up to two seasonal summer crossings (railroad flatcar bridges) at both Plants over the low flow channel, located on Sandy Prairie landform on Lower Eel River at river miles 10-11 (Plant B) and 11-12 (Plant A), near Fortuna, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]

 Motion and Vote 

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

a. Permit No. 1-06-36-A (City of Arcata Environmental Services Department, Humboldt Co.)  Request by City of Arcata Environmental Services Department to modify permit granted for restoration of 240 acres of tidal marsh at McDaniel Slough to add 12 acres to proposed tidal marsh, expand brackish habitat, and enhance existing seasonal freshwater wetlands within open seasonal wetland pasture areas, at adjacent to Arcata Bay south of Samoa Boulevard, west of South I Street, and south and east of intersection of V Street and Old Samoa Road, Arcata, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

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

a. San Mateo County LCP Amendment No. SMC-MAJ-1-07 (San Mateo County Midcoast Update). Public hearing and action on request by San Mateo County to update San Mateo County's Land Use Plan (LUP) and Implementation Plan (IP) for the Urban Midcoast area. (RP-SF) [POSTPONED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

9.  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]

10. REVISED FINDINGS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 10a below on August 12th.]

a.  Appeal No. A-4-OXN-07-096 (Southern California Edison, Oxnard) Review and possible adoption of revised findings for permit with conditions to construct and operate a 45 megawatt “peaker” power plant, at 251 N. Harbor Blvd., Oxnard, Ventura County. (CLT-SF) [APPROVED]

 Motion and  Vote 

11.  FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a.  CD-035-09 (National Oceanic and Atmospheric Administration, La Jolla) Consistency Determination by National Oceanic and Atmospheric Administration for construction and operation of a new facility for the Southwest Fisheries Center at a 3.3 acre undeveloped parcel on the University of California San Diego/Scripps Institution of Oceanography campus. (KHH-SF). [APPROVED]

 Motion and  Vote 

b.  CC-043-09 (City of San Diego, San Diego) Consistency Certification by City of San Diego for secondary treatment waiver (i.e., Environmental Protection Agency (EPA) Reissuance, under Section 301(h) of the Clean Water Act, of a modified National Pollutant Discharge Elimination System (NPDES) Permit) for Point Loma Wastewater Treatment Plant Discharges offshore of San Diego, San Diego County. (MPD-SF)  [DENIED]

 Motion and  Vote 

SOUTH CENTRAL COAST DISTRICT

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

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

 Motion and Vote 

13.5 LOCAL COASTAL PROGRAMS (LCPs).

a.  City of Santa Barbara LCP Amendment No. MAJ-1-09 (Santa Barbara Airport Rezone) Public hearing and action on City of Santa Barbara request to amend its LCP Implementation Plan by amending the Zoning Ordinance and map to change the zoning on 9.04 acres from A-A-O, S-D-3 (Airport Approach and Operations Zone, Coastal Zone Overlay) to A-F, S-D-3 (Aviation Facilities Zone, Coastal Zone Overlay) on the Santa Barbara Airport located at 1503-1601 Cecil Cook Place and 90 Dean Arnold Place, City of Santa Barbara, Santa Barbara County. (JJ-V)

 Motion and Vote 

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.

[An addendum has been appended to the staff report for item 14a below on July 30.]

a. Application No. 4-08-20 (Stunt Road LLC, Los Angeles County) Application of Stunt Road LLC to construct two-story, three-level, 35 ft. high, 2,308 sq.ft. single family home and attached 707 sq.ft. three-car garage with septic system, retaining walls, and 1,120 cu.yds. of grading (200 cu.yds. cut, 920 cu.yds. of fill), at 20531 Medley Lane, Topanga, Los Angeles County. (ADB-V) [APPROVED WITH CONDITIONS]

b. Application No. 4-08-22 (Elliott, Los Angeles Co.) Application of Tom Elliott to construct 2-story, 28-ft. high, 4,413 sq. ft. single-family home with 1,129 sq. ft. attached garage, swimming pool, septic system, 300-ft. long driveway with hammerhead turnaround, retaining walls, perimeter fencing, and 2,560 cu. yds. of grading (1,293 cu.yds. cut, 1,267 cu.yds. fill) at 1522 Decker Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

c. Application No. 4-08-84 (Santa Barbara Co.)  Application by the Santa Barbara County Flood Control District to implement flood control projects, including (1) dredging sediment basins in Franklin and Santa Monica Creeks as needed with maximum 40,000 cu.yds. to be dredged in any one event and (2) opening of Carpinteria Salt Marsh mouth as-needed, Carpinteria Salt Marsh, Santa Barbara County. (AT-V) [APPROVED WITH CONDITIONS]

d.  Application No. 4-08-135 (AT&T, Los Angeles Co.) Application of AT&T Mobility for after-the-fact approval of two panel antennas and one GPS antenna on 26 ft. high utility pole, and permanent unmanned ground-mounted wireless telecommunications facility, including 30 sq. ft. concrete pad, and 10 ft. long retaining wall, 16.25” x 48” x 17.25” power meter pedestal, 25 ft. long underground power meter conduit, stone paver steps, and revegetation near 33300 Mulholland Highway, 890 ft. west of Clark Ranch Road, Malibu, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

e.  Application No. 4-09-13 (Mariposa Land Company, City of Malibu) Application of Mariposa Land Company for permanent placement of rock rip-rap revetment along approx. 500-ft. section of the west bank of lower Malibu Creek, in follow-up to Emergency Coastal Development Permit No. 4-98-024-G. The proposed project also includes revegetation of the revetment site, at 3728 Cross Creek Road, City of Malibu, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

 Motion and  Vote