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OCTOBER 2013 AGENDA

CROWNE PLAZA - SAN DIEGO
2270 HOTEL CIRCLE NORTH
SAN DIEGO, CA 92108

(415) 407-3211

Phone number will only be in service when the meeting is in session.

Please note: agenda items are subject to change.

8:30 a.m.

THURSDAY, OCTOBER 10, 2013

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  AGENDA CHANGES

4.  GENERAL PUBLIC COMMENT. Public comments will be heard at 8:30 am for items not on the agenda, for no more than 30 minutes. For those unable to attend the early comment period, there will be additional comment time available later in the day.

SAN DIEGO DISTRICT

5.  CONSENT CALENDAR. See AGENDA CATEGORIES.     Motion and Vote

a. Application No. 6-13-0591 (Caltrans, San Diego) Application of California Dept. of Transportation (Caltrans) to conduct substantial restoration and preservation of upland coastal habitats including coastal sage scrub and southern maritime chaparral at 23.1 acre Dean Mitigation Site. Minimal grading, temporary irrigation installation and signage are also proposed, at San Dieguito Lagoon, San Diego, San Diego County. (GB-SD) [APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

6.  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]

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

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

a.  San Mateo County LCP Amendment No. LCP-2-SMC-13-0209-1 (Administrative Remedies). Concurrence with the Executive Director’s determination that the request by San Mateo County to refine and expand the administrative procedures available to address LCP violations is minor. (KK-SF) [APPROVED]

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

10.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
 
 Motion and Vote

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. 3-11-63 (Moss Landing Harbor District, Moss Landing) Application of the Moss Landing Harbor District to repair two revetments that were damaged during the 2011 tsunami and construct one new revetment located along the edge of the inner Moss Landing Harbor, at 7881 Sandholdt Road, Moss Landing, Monterey County. (MW-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

12. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  University of California, Santa Cruz Notice of Impending Development No. 6. Consideration of findings for the Commission's August 15, 2013 action on the UCSC’s Notice of Impending Development for: 1) a Coastal Biology Building and associated greenhouses; 2) roads, parking areas, utility infrastructure, lighting, and service yards; 3) public access trails, overlooks, and interpretive panels; 4) wetland restoration; 5) campus directional and informational signs; and 6) a permit and pay parking program, all located on UCSC’s Marine Science Campus at Terrace Point, City of Santa Cruz, Santa Cruz County. (SC-SC) [APPROVED]
 
 Motion and Vote
 
b.  Application No. 3-12-044 (Leage, Morro Bay) [ADDENDUM] Consideration of findings for the Commission's August 15, 2013 approval of a coastal permit to add a second-story, 686 sq.ft. private office/storage area above the existing Harbor Hut restaurant located along the Morro Bay Embarcadero, at 1205 Embarcadero Road, in the City of Morro Bay, San Luis Obispo County. (JS-SF) [APPROVED]
 
 Motion and Vote

NORTH COAST DISTRICT

13.  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 Arcata office at (707) 826-8950. [APPROVED]

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

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

a.  County of Del Norte LCP Amendment No. LCP-1-DNC-13-0210-1 (Major - McNamara Field Utility Lines). Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by the County of Del Norte to modify Certified Land Use Plan to allow for extension of public utility lines to serve the Del Norte County Regional Airport along an area outside of the designated Urban Boundary (Pebble Beach Drive). (MBK-A) [APPROVED]
 
 Motion and Vote

16. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-1-TRN-13-007 (Morgan, Trinidad) Appeal by Tsurai Ancestral Society from decision of City of Trinidad granting permit with conditions to Michael Morgan for modifying permit granted for the Trinidad Bay Bed and Breakfast to modify special conditions regarding water use and septic system maintenance, at 560 Edwards St., Trinidad, Humboldt County. (JRB-A) [NO SUBSTANTIAL ISSUE FOUND]

 Motion and Vote

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

17.  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]

18.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
 
 Motion and Vote

19. 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. 9-13-0204 (Chevron, San Luis Obispo Co.) Application of Chevron Environmental Management Company to survey, excavate, sample, and test two abandoned oil transport pipelines, an outfall pipeline, and surrounding sediment in intertidal and nearshore waters at Estero Marine Terminal near Morro Bay, San Luis Obispo County. (CT-SF) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENFORCEMENT

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

STATEWIDE

20.3 COMMISSION FIELD TRIP. Time permitting, there may be a field trip to Solana Beach. The Commission will depart from the meeting location at approximately 10:30 am on Thursday, October 10, for a tour of the Solana Beach coastline, visiting the shoreline at one of the existing public stairways south of Fletcher Cove, Fletcher Cove itself and Tide Beach. The field trip will end in time for the Commission to reconvene its regular agenda at the Crowne Plaza - San Diego at approximately 1:00 pm. The public is invited to attend by following the Commission vehicle(s) and joining the Commission at the designated overlooks. For more information, please contact the Commission's San Diego Coast District office at (619) 767-2370.

SAN DIEGO COAST DISTRICT

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 San Diego office at (619) 767-2370. [APPROVED]

a.  City of San Diego LCP Amendment No. SAN-MAJ-5-11B (7th Update LDC) Certification Review. Concurrence with the Executive Director’s determination that the action by the City of San Diego accepting the Commission’s certification of LCP Amendment No. 5-11B with modifications is legally adequate. (DNL-SD) [APPROVED]

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

23. 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. A-6-ENC-11-73 (Gordon, Encinitas) [ADDENDUM] Appeal by Commissioners Brennan & Mitchell from decision of City of Encinitas granting permit with conditions to Matthew Gordon for removal of portions of unpermitted private stairway leading from blufftop single-family home to beach, retention of portions of unpermitted private stairway, retention of unpermitted retaining walls, authorization for replacement of unpermitted railroad ties on bluff face, and construction of retractable staircase on upper bluff, at 876/878 Neptune Ave., Encinitas, San Diego County. (ES-SD) [APPROVED WITH CONDITIONS]
 
 Motion and  Vote
Amending  Motion and  Vote

b.  Application No. 6-13-0025 (Koman, Mariani, & Upp, Solana Beach) Application of William Koman, Majorie Mariani, & Robert Upp to construct 150-ft. long (35-ft. high) seawall on beach, mid and upper bluff geogrid structure with 36-ft. long lateral return wall on the bluff face, and 3 foundational underpinning caissons on bluff top, as follow-up to emergency permit, at 341-355 Pacific Ave., Solana Beach, San Diego County. (ES-SD) [POSTPONED]

24. PERMIT AMENDMENT. See AGENDA CATEGORIES.

a.  Application No. 6-02-084-A3 (Ocean Ventures, LLC, Solana Beach) Application of Ocean Ventures, LLC to amend permit for construction of seawall and upper bluff underground caisson system to construct mid-bluff geogrid structure and shotcrete wall to cover partially exposed buried drilled pier caissons on bluff face, at 357 Pacific Ave., Solana Beach, San Diego County. (ES-SD) [POSTPONED]

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

a.  City of Solana Beach LUP Amendment No. SOL-MAJ-1-13 (Bluff Top Development). Public hearing and action on request by the City of Solana Beach to amend its certified LUP primarily relating to bluff top development and shoreline protection including the allowance for caissons to support residential additions and other miscellaneous revisions. (ES-SD) [POSTPONED]

b.  City of San Diego LCP Amendment No. SAN-MAJ-5-12 (Outdoor Lighting Regulations). Public hearing and action on request by the City of San Diego to amend sections of the certified Land Development Code (IP) to establish updated Outdoor Lighting Regulations. (DNL-SD) [POSTPONED]

c.  City of San Diego LCP Amendment No. SAN-MAJ-2-13A (8th Update LDC) and B (Microbreweries) 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 San Diego to first amend the certified Land Development Code (LDC) to implement its 8th Update and then also allow accessory restaurants/tasting rooms at craft beer and spirits production facilities in industrial zones. (DNL-SD) [APPROVED]
 
d.  Port Master Plan Amendment No. 45 (Convention Center Expansion II). [EXHIBITS1] [EXHIBITS2] [EXHIBITS3] [ADDENDUM] Public hearing and action on request by the Port District to amend its certified Port Master Plan to revise text, graphics, and project list to provide for the construction of a 740,000 sq.ft. addition to the Convention Center; construction of a 5 acre rooftop park/plaza atop the Center, realignment and narrowing of Convention Way bayward, construction of a new 372-ft. high, 500-room hotel tower and associated ballrooms at the existing Hilton Hotel to the south. (DL-SD) [APPROVED]
 
 Public Comment on Item
 Return to Staff
 Return to Commission
 Motion and  Vote
 
e.  City of Imperial Beach LCP Amendment No. IMB-MAJ-2-12 (Commercial Mixed Uses). [ADDENDUM] Public hearing and action on request by City of Imperial Beach to amend the LCP Land Use Plan and Implementation Plan to modify provisions for commercial and residential uses in mixed use districts and zones. (DL-SD) [APPROVED WITH MODIFICATIONS]
 
 Motion and  Vote
 Motion and  Vote
Amending  Motion and  Vote
 Motion and Vote
 Motion and Vote