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8:00 a.m.

THURSDAY, APRIL 14, 2011

NOTE: Start time may be adjusted to 9 a.m. so please check the Commission web site by 5pm Wednesday, April 13, 2011.

1.  CALL TO ORDER.

2.  ROLL CALL.

SOUTH CENTRAL COAST DISTRICT

3.  CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Notice of Impending Development De Minimis No. 6-10 (UC Santa Barbara (Robertson Field Turf Expansion Project, Santa Barbara Co.) Public hearing and action on Notice of Impending Development by University of California, Santa Barbara to convert existing grass athletic field (Robertson Field) and adjacent dirt berm to 2.2-ac. artificial turf field, including relocating utility lines, replace lighting system, install subsurface drainage system and weir, addition of 5,800 sq.ft. paved entrance plaza with 100-150 new bicycle parking spaces, remove 15 non-native trees and replace with native trees, remove and relocate 25 cu.yds. of topsoil with miniature lupine seedbank to existing habitat restoration area, 12,500 cu.yds. of grading (9,250 cu.yds. cut, 3,250 cu.yds. fill, 6,000 cu.yds. export), and addition of 2,300 cu.yds. of gravel, located on western edge of Main Campus at University of California, Santa Barbara, Santa Barbara County. (KB-V)
 Motion/Vote

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

4.  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.
 Motion/Vote

5.  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. E-11-002 (City of Goleta, Santa Barbara Co.) Application by City of Goleta to re-abandon 3 historic oil wells, abandon 5 non-functioning water wells and remove 1 groundwater monitoring well and conduct associated soil remediation in Ellwood Mesa Open Space, in Goleta, Santa Barbara County. (KHH-SF)
 Motion/Vote

6.  FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-063-10 (Bureau of Indian Affairs, Del Norte Co.) Consistency determination by Bureau of Indian Affairs for fee-to-trust land acquisition of 3 parcels of land totaling 22.6 acres for Smith River Rancheria, in order to provide trust land for the Rancheria to construct residential and commercial/office/retail projects, Del Norte County. (LJS-SF)

NORTH CENTRAL COAST DISTRICT

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

CENTRAL COAST DISTRICT

8.  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.

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

a.  City of Pismo Beach LCP Amendment No. PSB-1-10 Part 1 (Open Space Landscaping).Public hearing and action on request by City of Pismo Beach to amend the LCP to allow for an increase in landscaping for certain open space properties. (MC-SC)
  Motion/Vote
 
b.  City of Santa Cruz LCP Amendment STC-1-11 (La Bahia Hotel). Time Extension Only. Public hearing and action on extension of time limit to act on request by the City of Santa Cruz to amend the LCP to apply a new zoning district and site standards for the historic La Bahia building to facilitate redevelopment of the site as a condo-hotel with restaurant and conference facilities. (SC-SC)
 Motion/Vote
 
c. San Luis Obispo County LCP Amendment No. SLO-MAJ-2-09 Part 2 (Inclusionary Housing). Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County, accepting certification of SLO-MAJ-2-09 Part 2 with modifications (changing LCP standards related to inclusionary housing requirements), is legally adequate. (MC-SC)
 Motion/Vote
 
d.  San Luis Obispo County LCP Amendment No. SLO-3-09 (Framework for Planning Update). Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County, accepting certification of SLO-3-09 with modifications (updating the LCP’s Framework for Planning), is legally adequate. (MC-SC)
 Motion/Vote

10.  PUBLIC WORKS PLANS (PWPs) See AGENDA CATEGORIES.

a. Opal Cliffs Public Works Plan (PWP 8-09) (Soquel Union Elementary School District, Capitola). Soquel Union Elementary School District’s proposed public works plan to guide future preschool and elementary school development on a portion of Jade Street Park at 4400 Jade Street in Capitola, Santa Cruz County. (SC-SC)
 Motion/Vote

11.  NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-MRB-11-010 (San Luis Coastal Unified School District, San Luis Obispo Co.) Appeal by Julie Tacker and Betty Winholtz of City of Morro Bay decision granting permit with conditions to San Luis Coastal Unified School District for installation of nine solar arrays with associated structures and mechanical equipment at 235 Atascadero Road in Morro Bay, San Luis Obispo County. (MC-SC)
 Motion/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.

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

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

a. City of Malibu Local Coastal Program Amendment No. 3-09 (TDC Program) Certification Review. Concurrence with Executive Director’s determination that action by the City of Malibu accepting certification of Amendment No. 3-09 with modifications, is legally adequate. (DC-V)

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. 4-09-047 (Los Angeles County Dept. of Public Works) Application of LA County of Dept. of Public Works to replace 5 damaged corrugated metal pipe (CMP) culverts varying in size from 18-in. to 48-in. diameter with reinforced concrete pipe (RCP) culvert, including headwalls, wingwalls, metal hand railings, and light class riprap, remove 1 sycamore tree and 4 willow trees and reconstruct roadway, along 1/3 mile-long section of Newton Canyon Road at Culvert Markers 0.03, 0.06, 0.16, 0.28, and 0.32, Santa Monica Mountains, Los Angeles County. (JJ-V)
 Motion/Vote
 
b.  Application No. 4-10-097 (Bailey, Los Angeles Co.) Application of Robert E. Bailey to combine 3 lots into 1 and construct 2-story, 35-ft. high, 2,425 sq.ft. single-family home with 492 sq.ft. attached garage, 37 sq.ft. covered porch, 1,408 sq.ft. of decks, replace septic tank with new 1,200-gal. tank, and 165 cu.yds. of grading (7 cu.yds. cut, 158 cu.yds. fill), located at 26380 Ingleside Way in the Malibu Bowl small lot subdivision, Los Angeles County. (KB-V)
 Motion/Vote

16. REVOCATION. See AGENDA CATEGORIES. [POSTPONED]

a. Revocation Request No. R-4-06-163 (Malibu Valley Farms, Inc., Santa Monica Mountains, Los Angeles Co.) Request by Save Open Space to revoke CDP 4-06-163 granted to Malibu Valley Farms, Inc. for after-the-fact approval for equestrian facility used for horse breeding, raising, training, stabling, exercising, boarding and rehabilitation, including as-built riding arenas, fencing, dirt access road with two at-grade crossings through Stokes Creek, corrals, paddock, mare motel, shelters, covered pipe barns, tack rooms, barn, manure storage areas, and parking lot. The project also includes addition of vegetative swales, bioretention basin with riprap pad, and 0.5-ac. riparian restoration, and removal of various pipe and covered corrals, cross-tie areas, storage containers, and tack rooms, located at 2200 Stokes Canyon Road, Santa Monica Mountains, Los Angeles County. (SLG-V)

ENFORCEMENT

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

17.3. Consent Cease and Desist Order No. CCC-11-CD-03 (Newport Banning Ranch –Orange County) Public hearing and Commission action on proposed Consent Cease and Desist Order authorizing and directing Newport Banning Ranch LLC; Aera Energy LLC; Cherokee Newport Beach, LLC; Herman Weissker, Inc.; Southern California Edison; and the City of Newport Beach, to cease and desist from engaging in any further development, including but not limited to removal of vegetation providing habitat for the federally-designated-as-threatened coastal California gnatcatcher, on the properties designated by the Orange County Assessor’s Office as Parcel Nos. 424-041-04, 424-041-10, 114-170-43, and 114-170-79, all of which are located immediately inland of the 5000 block of W. Coast Highway in Newport Beach. Furthermore, Newport Banning Ranch LLC; Aera Energy LLC; Cherokee Newport Beach, LLC; and the City of Newport Beach shall remove materials from the areas impacted by the subject unpermitted development, including, but not limited to, the following: gravel, concrete, and construction materials. The Consent Order also resolves civil liability associated with the unpermitted development addressed by the Consent Order.  (AJW-LB)
 Motion/Vote
 
17.5. Consent Restoration Order No. CCC-11-RO-02 (Newport Banning Ranch –Orange County) Public hearing and Commission action on proposed Consent Restoration Order authorizing and directing: 1) Newport Banning Ranch LLC, Aera Energy LLC, Cherokee Newport Beach, LLC, and the City of Newport Beach to restore portions of their respective properties designated by the Orange County Assessor’s Office as Parcel Nos. 424-041-04, 424-041-10, 114-170-43, and 114-170-79, all of which are located immediately inland of the 5000 block of W. Coast Highway in Newport Beach; such restoration including, but not being limited to, mitigating for loss of habitat by creating or enhancing areas of coastal sage scrub that will provide habitat for the federally-designated-as-threatened coastal California gnatcatcher at a 3:1 ratio (creation/enhancement area to area impacted by the subject unpermitted development); and 2) Herman Weissker, Inc., and Southern California Edison to avoid taking any action inconsistent with the purpose of these Orders, including, but not limited to impeding the ability of Newport Banning Ranch LLC and the City of Newport Beach to perform and carry out the restoration activities. The Consent Order also resolves civil liability associated with the unpermitted development addressed by the Consent Order. (AJW-LB)
 Motion/Vote

18.  GENERAL PUBLIC COMMENT. Public comments will be heard for no more than 30 minutes.

Future Meetings: The next meetings of the Coastal Commission are May 11-13, 2011 in Santa Rosa and June 15-17, 2011 in Marina del Rey.