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DECEMBER 2013 AGENDA

RADISSON HOTEL FISHERMAN’S WHARF
250 BEACH STREET
SAN FRANCISCO, CA 94133

(415) 407-3211

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

This has been updated at 11:45 a.m., Friday, December 13, 2013

Please note: agenda items are subject to change.

8:30 A.M.

WEDNESDAY, DECEMBER 11, 2013

1. CALL TO ORDER.

2. ROLL CALL.

3.  ELECTION OF OFFICERS. Commission consideration and possible vote on the election of officers and representatives to the Santa Monica Mountains Conservancy and the Santa Monica Bay Restoration Commission.

4. AGENDA CHANGES.

5.  GENERAL PUBLIC COMMENT. Public comments will be heard 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.

STATEWIDE

6.  EXECUTIVE DIRECTOR'S REPORT.

a. Director’s Report.

b. Training Services Contract. Commission authorization for Executive Director to enter into a contract for mandatory supervision training. (SH-SF) [APPROVED]  Motion/Vote

c. SONGS Mitigation Program. Review of and possible Commission action on staff recommendation for the 2014-2015 Work Program and Budget for technical oversight and independent monitoring program for San Onofre Nuclear Generating Station (SONGS) mitigation program required as condition of Permit No. 6-81-330 (Southern California Edison), San Diego, San Diego County. (KH-SF) [APPROVED]  Motion/Vote

d. Annual Report of the Conservation/Open Space OTD Program. Report on the Status of Conservation & Open Space Offers to Dedicate Easements. (AH-SF)

7.  Public Education Program Annual Update. The Public Education staff will conduct a presentation on its activities and accomplishments for 2013. (CP-SF)

NORTH COAST DISTRICT

8. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 1-13-001 (Foote & Akselsen, Humboldt Co.) Application of Julie Foote and Alden Akselsen to demolish 1,348 sq.ft. home and construct new 1,430 sq.ft., 2 bedroom single-family home and 2-car garage with large rear deck, new septic system, and new water supply line, at 2452 Tower Dr., one mile east of Eureka, Humboldt County. (ND-A) [POSTPONED]

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

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

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

a. County of Del Norte LCP Amendment No. LCP-1-DNC-13-0210-1 (McNamara Field Utility Lines). Public hearing and action 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 Services Boundary (Pebble Beach Drive). (MBK-A) [APPROVED WITH MODIFICATIONS]

12. 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. 1-13-0280 (Humboldt Bay Municipal Water District, Humboldt Co.) Application of Humboldt Bay Municipal Water District for replacement of ~10,800 feet of existing 18-inch Techite pipeline with approximately 15,406 feet of new 20-inch PVC pipeline in a new alignment along New Navy Base Road and other local roads between the district’s terminal reservoir and the pipelines crossing of the bay in Fairhaven on the Samoa Peninsula in and around Fairhaven, Humboldt County. (MBK-A) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 1-13-0616 (Lavagnino & Simoni, Arcata) [ADDENDUM] Application of Angelo Lavagnino & Irene Simoni for land division of 0.95-ac. parcel into 3 lots ranging in size from 8,870 sq.ft. to 21,850 sq.ft. with replacement of substandard sidewalks, installation of sewer cleanouts and upgrading commercial restaurant grease interceptor, at 491 H St., 995 Fifth St. & 460 I St., Arcata, Humboldt County. (JRB-A) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY

13.  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]

14.  CONDITION COMPLIANCE. See AGENDA CATEGORIES.

a. Condition Compliance for Permit No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Revisions to the approved mitigation site and preliminary restoration plan, as required by Commission-approved Marine Life Mitigation Plan submitted by Poseidon Resources in compliance with Special Condition 8 of Permit No. E-06-013 for desalination facility at Carlsbad, San Diego County. (KH-SF) [APPROVED]

15. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-057-12 (Corps of Engineers, Pismo Beach). Consideration of alternative language for the Commission’s conditions adopted in its January 9, 2013, concurrence with consistency determination by Corps of Engineers for shoreline protection vertical wall at St. Andrews Lift Station, Seacliff Dr. and Baker Ave., Pismo Beach, San Luis Obispo County. (MPD-SF) [APPROVED] 

 Motion/Vote 

NORTH CENTRAL COAST DISTRICT

16. 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]

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

18. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-2-SMC-11-040 & A-2-SMC-11-041 (Hodge, San Mateo Co.) [ADDENDUM] Appeal by Committee for Green Foothills and Evy Smith of San Mateo County decision granting permits with conditions for after-the-fact riparian vegetation clearing and construction of 2,081 sq.ft. single-family home with attached 2-car garage on a 10,800 sq.ft. lot fronting Magellan Avenue in the unincorporated Miramar area of San Mateo County. (JM-SF) [SUBSTANTIAL ISSUE FOUND, APPROVED WITH CONDITIONS IN PART AND DENIED IN PART]

  Motion/Vote  Motion/Vote  Motion/Vote

19. PUBLIC WORKS PLAN.

a. PWP Amendment No. 2-06-006-A1 (MWSD Water Connections) [ADDENDUM] Application of the Montara Water and Sanitary District to amend their existing certified Public Works Plan to allow for limited number of new water connections in the unincorporated Montara area of San Mateo County. (ND-SF) [APPROVED WITH MODIFICATIONS]

  Motion/Vote

CENTRAL COAST DISTRICT

20. 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]

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

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

a. City of Carmel-by-the-Sea LCP Amendment No. LCP-3-CML-13-0218-3-Part A. (Tree Protection). Concurrence with Executive Director's determination that proposed modifications to the City of Carmel-by-the-Sea’s certified LCP, to refine and update tree protection requirements, are minor. (MW-SC) [APPROVED]

b. City of Carmel-by-the-Sea LCP Amendment No. LCP-3-CML-13-0218-3-Part B. (Water Quality Protection). Public hearing and action on request by City of Carmel-by-the-Sea to update the LCP’s water quality provisions, including to meet recent RWQCB standards. (MW-SC) [APPROVED WITH MODIFICATIONS] 

  Motion/Vote

23. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-PSB-13-0251 (Main, Pismo Beach) Appeal by Sidney and Virginia Findley of City of Pismo Beach decision granting permit with conditions to Charlie and Terri Main for construction of new 4,190 sq.ft., 2-story single-family home at 220 Indio Drive in Pismo Beach, San Luis Obispo County. (DR-SC) [NO SUBSTANTIAL ISSUE FOUND]

 Motion/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. A-3-SCO-11-044 (Pitt, Santa Cruz Co.) Application of Michael Pitt for after-the-fact demolition of several retaining walls and construction of several new retaining walls, as well as proposed construction of additional retaining walls and steps, and habitat restoration, all in area between residence at 391 24th Avenue and Corcoran Lagoon in the unincorporated Live Oak beach area of Santa Cruz County. (SC-SC) [APPROVED WITH CONDITIONS] 

SOUTH CENTRAL COAST DISTRICT

25.  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]

26. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES[APPROVED WITH CONDITIONS]

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

a. City of Port Hueneme LCP Amendment No. LCP-4-PTH-13-0208-1 (Victoria Mixed-Use)[ADDENDUM] Public hearing and action on request by the City of Port Hueneme to amend its certified Land Use Plan text relating to Area K: Channel Islands, and to modify both the land use and zoning designation of one approximately 4.49 acre parcel from Commercial Retail to Mixed-Use Residential and from C-1(PD): General Commercial (Planned Development) to R-4(PD): Mixed-Use (Planned Development), to allow a mix of permitted uses, including residential, north of Channel Islands Boulevard and east of Victoria Avenue, City of Port Hueneme, Ventura County. (JB-V) [APPROVED WITH MODIFICATIONS]

  Motion/Vote  Motion/Vote  Motion/Vote  Motion/Vote

b. City of Santa Barbara LCP Amendment No. MAJ-1-12 (415 Alan Road Project). Public hearing and action on request by the City of Santa Barbara to amend the certified Coastal Land Use Plan (LUP) and Implementation Plan (IP) portions of its certified Local Coastal Program (LCP) to change the existing Land Use Plan designation from “One Dwelling Unit per Acre” (1du/ac) to “Three Dwelling Units per Acre” (3du/acre) and change the Implementation Plan zoning from “One Family Residence Zone” (A-1) to “Limited Multiple Family Residence Zone” (R-3) on a .34 acre portion of an existing 1.37 acre parcel to facilitate the future subdivision of the existing 1.37 acre lot into two separate legal parcels, 415 Alan Road, City of Santa Barbara, Santa Barbara County. (MA-V). [POSTPONED]

 
  Public Comment

28. NOTICE OF IMPENDING DEVELOPMENT.

a. University of California Santa Barbara Notice of Impending Development No. UCS-NOID-0203-13 (Trailer 309, 320 & 327 Demolition Project). Public hearing and action on Notice of Impending Development by UC Santa Barbara for demolition of three one-story trailers that total approximately 1,500 square feet (Trailers 309, 320, and 327) located on Main Campus at the University of California Santa Barbara, Santa Barbara County. (DV-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

29. 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. 4-13-002 (Larsson, Los Angeles Co.) [ADDENDUM] Application of Sam and Veronika Larsson to add 347 sq.ft. to existing 1,024 sq.ft. single-family home and 529 sq.ft. to existing 520 sq.ft. accessory structure both constructed prior to the effective date of Coastal Act with 23 cu.yds. of associated grading (23 cu.yds. of cut and no cu.yds. of fill). In addition, the project includes interior remodel of home and accessory structure, replacement of septic tank with new 1,250-gallon tank, combination of 9 lots into one with after-the-fact approval of land division of 2 lots into 3 separate lots, and removal of oak tree located at 19936 Grandview Dr., Topanga, Los Angeles County. (DV-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

CLOSED SESSION

CLOSED SESSION. At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including:

Beach & Bluff Conservancy v. CCC, Govt. Code Section 11126(e)(2)(A)
Cannery Row Marketplace LLC v. CCC et al., Govt. Code Section 11126(e)(2)(A)
Cattermole v. CCC, Govt. Code Section 11126(e)(2)(A)
City of Dana Point v. CCC (Headlands Reserve LLC, RPI), Govt. Code Section 11126(e)(2)(A)
Hagopian v. State of California et al., Govt. Code Section 11126(e)(2)(A)
Kretowicz v. CCC, Govt. Code Section 11126(e)(2)(A)
San Diego Navy Broadway Complex Coalition v. CCC (San Diego Unified Port District, RPI), Govt. Code Section 11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California, Govt. Code Section 11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California, Govt. Code Section 11126(e)(2)(A)
Steinberg v. CCC, Govt. Code Section 11126(e)(2)(A)
Van Ness, et al. v. Port San Luis Harbor District, et al., Govt. Code Section 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).

RECEPTION

RECEPTION. The public is invited to attend a free reception for the Commission sponsored by Coastwalk California & The Dolphin Club of San Francisco at 6 pm or following the conclusion of the Commission meeting on Wednesday, December 11, 2013, whichever is later. The reception will be hosted at the Dolphin Club at 502 Jefferson Street in San Francisco (Aquatic Park). Members of the public are welcome to attend. Space is limited. RSVP rsvp@coastwalk.org for more information.