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November 2011 Agenda

Oceanside City Council Chambers
300 North Coast Hwy.
Oceanside
, CA  92054
(562) 972-9853

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


9:00 a.m.

FRIDAY, NOVEMBER 4, 2011

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  GENERAL PUBLIC COMMENT. At some time prior to adjournment for the day, public comment will be heard for items not listed on today’s agenda.

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.

a.   City of Crescent City LCP Amendment No. CRC-MAJ-1-03 (LCP update) - Certification Review. Concurrence with the Executive Director's determination that the action by the City of Crescent City accepting certification of LCP Amendment CRC-MAJ-1-03 with suggested modifications of the comprehensive update of the City's certified land use plan and implementation plan is legally adequate. (JB-E)

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

6. 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. 1-11-31 (California Department of Fish & Game, Del Norte Co.)Application of California Dept. of Fish & Game to restore habitat for Oregon silverspot butterfly (Speyeria zerene hippolyta) (OSB) by manually changing vegetative cover at various parcels throughout Pacific Shores subdivision, approximately five miles north of Crescent City, Del Norte County. (JRB-E)

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

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

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

a.  City of Encinitas LCP Amendment No. 2-10A (DESP Historic Preservation Overlay Zone) and B (Valet Parking). Public hearing and action 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)
 Motion and Vote
 
b.  City of San Diego LCP Amendment No. 3-11 (Voluntary Accessibility Program). Public hearing and action on request by the City of San Diego to amend its certified Implementation Plan/Land Development Code to encourage the provision of accessible design in new residential development. (DNL-SD)
 
 Motion and  Vote
 Motion and  Vote
 
c.   City of San Diego LCP Amendment No. 4-11A (Community Gardens) and B (2006, 2007 and 2010 Amendments to Centre City) Time Extension. Public hearing and action to extend the 90-day time limit for Commission action on request by City of San Diego to amend its certified implementation plan to establish regulations for community gardens and then amend both the Centre City Redevelopment Plan and Planned District Ordinance to reflect several local revisions, including adoption of the Downtown Community Plan. (DNL-SD)
 
 Motion and Vote

10. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-6-CII-10-043 (Goetz, Carlsbad)Appeal by Surfrider Foundation and Commissioners Wan & Sanchez from decision of City of Carlsbad granting permit with conditions (as follow-up to an emergency permit) to Dean Goetz to construct 97 ft.-long and 17-24 ft.-high, colored and textured seawall on public beach fronting two coastal blufftop lots currently developed with two single family homes, at 5323-5327 Carlsbad Boulevard, Carlsbad, San Diego County. (TR-SD) [POSTPONED]

11. 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. 6-11-60 (Haggar, Chula Vista) Application of Nick Haggar to construct service station with 1,200 sq.ft. carwash and 40 ft.-high, 4,000 sq.ft. food mart and restaurant on 43,201 sq.ft. lot, at 878 Stella Street (southwest corner of Interstate 5 and Palomar Avenue), Chula Vista, San Diego County. (DL-SD)
 Motion and  Vote

12. 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. F8945-A3 (Allison-Zongker, L.P., San Diego) Request by Allison-Zongker, L.P. to amend permit for restaurant expansion to add 710 sq.ft. outdoor dining area on roof of 9,327 restaurant building and provide 5 additional off-site parking spaces, at 1270 Prospect Avenue, La Jolla, San Diego, San Diego County. (MA-SD)

b.  Permit No. 6-98-86-A1 (Solana Beach Presbyterian Church, Solana Beach)Request by Solana Beach Presbyterian Church to amend permit to convert portion of office building into church classrooms and assembly area to authorize new interior and exterior improvements (with addition of a 220 sq.ft. elevator tower) on an 86,669 sq.ft. site to accommodate a new 169 student preschool and children’s nursery and installation of 200 sq.ft. kiosk for flower sales, at 225 Stevens Avenue, Solana Beach, San Diego County. (ES-SD)

c.  Permit No. 6-04-29-A1 (22nd District Agricultural Assoc & San Dieguito River Park Joint Powers Authority . San Diego) Request by 22nd District Agricultural Association & San Dieguito River Park Joint Powers Authority  to amend permit for improvements to equestrian facility to construct San Dieguito River Park's Coast to Crest Trail extension through "Horsepark" segment of the river valley, including grading of existing grass horse ring to accommodate trail, at 14550 El Camino Real, North City, San Diego, San Diego County. (GB-SD)

13. REVISED FINDINGS See AGENDA CATEGORIES.

[ Items 13a and 13b below share a single, combined staff report.]
 
 Motion and Vote
 
a. Permit No. A-133-79-A5 (Kretowicz, San Diego) Review and possible adoption of revised findings for permit amendment granted to Ure and Dianne Kretowicz for various improvements to home (both new and after-the-fact) and recordation of public access easement on blufftop lot, at 7957 Princess Street, La Jolla, San Diego, San Diego County. (LJM-SD)
b. Permit No. F6760-A6 (Kretowicz, San Diego)Review and possible adoption of revised findings for permit amendment granted to Ure and Dianne Kretowicz for various improvements to home (both new and after-the-fact) and recordation of public access easement on blufftop lot, at 7957 Princess Street, La Jolla, San Diego, San Diego County. (LJM-SD)
 
 General Public Comment
 
 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:

Allen v. Radosevich, CCC, Govt. Code §11126(e)(2)(A)
   Catanzarite v. CCC et al., Govt. Code §11126(e)(2)(A)
   City and County of San Francisco v. CCC, Govt. Code §11126(e)(2)(A)
   City of Malibu v. CCC (Santa Monica Mountains Conservancy et al.,    RPI), Govt. Code §11126(e)(2)(A)
   Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains    Conservancy et al., RPI), Govt. Code §11126(e)(2)(A)
   Coastal Defender v. City of Manhattan Beach, CCC (MB Dining, LLC et    al., RPI), Govt. Code §11126(e)(2)(A)
   Kretowicz v. CCC, Govt. Code §11126(e)(2)(A)
   Manchester Pacific Gateway, LLC v. CCC, Govt. Code §11126(e)(2)(A)
   Mariposa Land Co., Ltd. V. CCC et al., Govt. Code §11126(e)(2)(A)
   Norberg v. CCC et al., Govt. Code §11126(e)(2)(A)
   Protect Our Village v. CCC et al. (City of Santa Barbara et al.,    RPI), Govt. Code §11126(e)(2)(A)
   Ross v. CCC et al. (Malibu Bay Co., RPI), Govt. Code §11126(e)(2)(A)
   Schreck v. CCC (Collins, RPI), Govt. Code §11126(e)(2)(A)
   Security National Guaranty, Inc. v. State of California, Govt. Code §11126(e)(2)(A)
   Security National Guaranty, Inc. v. State of California, Govt. Code §11126(e)(2)(A)
   Smith et al. v. Cal. Dept. of Fish & Game, CCC, Govt. Code §11126(e)(2)(A)
   Wetlands Defense Fund et al. v. CCC (Cal. Dept. of Parks &    Recreation, RPI), Govt. Code §11126(e)(2)(A)
   Wildman v. CCC et al., 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).

17.  APPROVAL OF MINUTES.

18.  COMMISSIONERS' REPORTS.

19.  CONSERVANCY REPORT.

20.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

21.  DEPUTY ATTORNEY GENERAL'S REPORT.

22.  EXECUTIVE DIRECTOR’S REPORTincluding reports and possible Commission action on legislation and water quality.

Future Meetings: The next meetings of the Coastal Commission are December 7-9, in San Francisco and January 11-13, 2012 in Los Angeles or Orange County and February 8-10, 2012 in Santa Cruz, Monterey or San Luis Obispo County.