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From the North Bay: Golden Gate Transit, call (415) 455-2000; Blue & Gold Fleet ferry service from Tiburon and Sausalito, call (415) 773-1188.

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December 2011 Agenda

Aquarium of the Bay
Pier 39
San Francisco, CA 94133  
(415) 407-3211

 The phone number will only be in service during the meeting.
See transit, driving and parking information.

This has been updated at 3:30 p.m., Friday, December 9, 2011.

9:00 A.M

WEDNESDAY, December 7, 2011

1. CALL TO ORDER.

2. ROLL CALL.

2.5. 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. [Mary Shallenberger elected Chair and Mark Stone elected Vice-Chair]

3. AGENDA CHANGES.

4. GENERAL PUBLIC COMMENT. Public comments will be heard at 9:00 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.

SOUTH COAST DISTRICT (ORANGE COUNTY)

5. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-150 (Lozano & Hall, Newport Beach) Application of Ignacio Lozano & Robert Hall to remove 1,504 sq.ft. dock system consisting of shared pier, shared platform, two separate gangways, two separate floating docks and 16 piles; replace with five 14" piles and six 14" "T-piles" for a total of 11 new piles, two new 10'x14' platforms, two new 4'x23' piers, two new 3'x24' gangways and two new combined "U-shaped" docks, at 815/813 Via Lido Soud, Newport Beach, Orange County. (LR-LB) [APPROVED]

b. Application No. 5-11-236 (Allen & Kruse, Newport Beach) Application of William Allen & Darin Kruse to demolish 662 sq.ft. dock and gangway and use existing piles and pier; no pile removal or new piles proposed; and install new 638 sq.ft. dock and gangway in same double "U shaped" configuration, at 201 & 205 E. Bayfront, Newport Beach, Orange County. (LR-LB) [APPROVED]

SAN DIEGO COAST DISTRICT

6. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-11-76 (CALTRANS, San Diego) Application of California Department of Transportation to repair and stabilize culvert which includes: (a) removal of exposed wingwalls; (b) stabilization of end wall with rip-rap back-fill; (c) gabion installation, (d) construction of rock lined drainage channel; and (e) reconstruction of sunken rock-lined basin, north of Las Pulgas/Interstate 5 (I-5) Interchange, west side of I-5, adjacent to Marine Corps Base Camp Pendleton, San Diego County. (GB-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

7. DEPUTY DIRECTOR’S REPORT FOR ORANGE COUNTY. 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 Long Beach office at (562) 590-5071. [APPROVED]

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

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

a. City of Huntington Beach LCP Amendment No. HNB-MAJ-3-10 (The Ridge). Time Extension. Public hearing and action to extend 90-day time limit for Commission action up to one year on a request by the City of Huntington Beach to amend the certified Local Coastal Program to change the land use designation at the site from Open Space – Parks (OSP) to Residential Low Density – 7 units per acre (RL-7) and zoning designation from Residential Agriculture – Coastal Zone Overlay (RA – CZ) to Low Density - Coastal Zone Overlay (RL-CZ). Change Planned Unit Development Standards and Provisions. The subject site is approximately 5-acre parcel of land located at the southeast corner of the intersection of Bolsa Chica Street and Los Patos Avenue, in the City of Huntington Beach. (MV-LB) [Time Extension APPROVED]

b. City of Huntington Beach LCP Amendment No. HNB-MAJ-1-11 (Sunset Beach Specific Plan). Time Extension. Public hearing and action on extension of time limit to act on request by City of Huntington Beach to amend the City’s Local Coastal Program in order to incorporate the recently annexed, and formerly certified, Sunset Beach area, which is located entirely within the coastal zone. (MV-LB) [Tim Extension APPROVED]

c. City of Laguna Beach LCP Amendment No. LGB-MAJ-1-10 (Land Use Element Update). Public hearing and action on request by City of Laguna Beach to amend the certified Local Coastal Program (LCP), by replacing the Land Use Element of the certified Land Use Plan with a new, updated version of the Land Use Element. The Land Use Element is effective Citywide throughout the coastal zone. (LR-LB) [APPROVED WITH MODIFICATIONS]

[An addendum has been appended to the staff report for item 9d below on December 5.]

d. City of Dana Point LCP Amendment No. DPT-MAJ-2-10 (Del Obispo). Public hearing and action on request by the City of Dana Point to amend the Local Coastal Plan to: 1) include a new Land Use designation “Residential/Commercial” in the Land Use Element of the General Plan; 2) include a new Zoning Category “Residential Commercial-18 (R/C-18)” in the Zoning Ordinance; and 3) change the designation of an 8.7 acre site at 34202 Del Obispo Street, from “Dana Point Specific Plan-Coastal Recreation Space” to General Plan designation of “Residential/Commercial” and the Zoning Designation of “R/C-18”. (FSY-LB) [APPROVED WITH MODIFICATIONS]

10. 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.

[Addenda have been appended to the staff reports for items 10a, 10b and 10c below on October 6.]

a. Application No. 5-10-224 (Bissell, San Clemente) Application of Betty Bissell to construct 5,366 sq.ft., 2-unit duplex on vacant lot, at 214 Avenida Montalvo, San Clemente, Orange County. (JDA-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 5-11-45 (Schoonenberg, Newport Beach) Application of Robert Van Schoonenberg to demolish 709 sq.ft. floating dock, gangway, pier four piles and install new 10'x14' platform supported by two 14" diameter anchor piles, new 3'x24' gangway and "U-shaped" floating dock supported by three 14" diameter guide piles, totaling 523 sq. feet in water coverage; including eelgrass mitigation plan at 2234 Channel Road., Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-11-75 (Kramer, San Clemente) Application of Warren Kramer to subdivide single 38,335 sq.ft. lot into two parcels (Parcel 1 = 10,989 sq. feet and Parcel 2 = 27,366 sq. feet) for single-family homes. Demolish 1-story single-family home and garage and construct new single-family home and 2-car garage on each newly created lot. Parcel 1 consists of: 2-story, 25-ft. tall, 4,335 sq.ft. single family home with 514 sq.ft. balcony deck and attached 2-car garage. Parcel 2 consists of: 3-story, 25-ft. tall, 3,401 sq.ft. single-family home with attached 2-car garage and 373 sq.ft. in new decks. Minor grading for site preparation, drainage, hardscape and landscape improvements on coastal canyon lot, at 323 W. Avenida Valencia, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-11-130 (VW Revocable Living Trust, Newport Beach) Application of VW Revocable Living Trust to merge 4,922 sq.ft. lot and 3,438 sq.ft. lot for a total of 8,360 sq.ft. lot. Replace existing 6" thick, 40-ft. long bulkhead with new bulkhead at same location and construct 25-ft. high 5,181 sq.ft. substantial demolition of existing 3,219 sq.ft. single family home and construction of 25-ft. high, 8,400 sq. ft., single family residence with pool, at 1104 & 1106 East Balboa Blvd., Newport Beach, Orange County. (JDA-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

11. 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]

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

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

a. City of Carlsbad LCP Amendment No. 1-10B (Village Area Update). Public hearing and action on request by the City of Carlsbad to amend both the adopted LCP land use plan and zoning maps, as well as the certified zoning ordinance, for the Carlsbad Village Redevelopment segment to primarily reflect the expiration of the Village Area Redevelopment Plan. (DNL-SD) [APPROVED]

b. City of Carlsbad LUP Amendment No. 2-10A (Adams St. Subdivision). Public hearing and action on request by the City of Carlsbad to amend the certified Agua Hedionda Land Use Plan to change the land use designation from Residential Low Medium (RLM) to Open Space on a portion of a 1.08 acre site containing sensitive habitat to facilitate the development of two (2) single family homes. The site is located in the 4400 block of Adams Street, along the north shore of Agua Hedionda Lagoon. (TR-SD) [WITHDRAWN]

c. City of Carlsbad LCP Amendment No. 2-10B (Zoning Ordinance Clean-up). Public hearing and action on request by City of Carlsbad to amend Title 21 of the certified zoning ordinance to correct errors and improve the land use decision-making processes. (DNL-SD) [APPROVED]

d. City of Encinitas LCP Amendment No. 3-10 (Design Review/Zoning Clean-up). Public hearing and action on request by City of Encinitas to amend its certified implementation plan to correct errors in Chapter 23.08 and Title 30 of the zoning ordinance and design review regulations. (ES-SD) [APPROVED]

14. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 14a below on December 6.]

a. Appeal No. A-6-TJN-11-84 (City of San Diego Transportation and Storm Water Dept., San Diego Co.) Appeal by San Diegans for Open Government from decision of City of San Diego granting permit with conditions to City of San Diego Transportation and Storm Water Department to remove accumulated sediment, vegetation, trash and debris from within the Tijuana River Pilot Channel and Smuggler's Gulch Channel to reduce flooding risk (already completed pursuant to emergency permits) and ongoing long-term maintenance of both channels, at Tijuana River/Smuggler’s Gulch, between Hollister Street and Monument Road, Tijuana River Valley, San Diego, San Diego County. (MA-SD) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-6-NOC-11-086 (San Diego Master Storm Water Maintenance Program, San Diego Co.) Appeal by Commissioners Brennan & Stone from decision of the City of San Diego granting permit with conditions to the City of San Diego Transportation & Storm Water Department for 20 year master permit for clearing of sediment and vegetation and maintenance of various drainages to provide adequate flood control, various drainages within the coastal zone, San Diego, San Diego County. (LJM-SD) [POSTPONED]

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. 6-10-16 (Tu Casa HOA, Carlsbad) Application of Tu Casa HOA to maintain revetment including returning dislodged rocks back on revetment and the addition of 25 cu.yds. of new rock, on northern shore of Agua Hedionda Lagoon, at 4747 Marina Drive, Agua Hedionda, Carlsbad, San Diego County. (TR-SD) [POSTPONED]

16. 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.

[An addendum has been appended to the staff report for item 16a below on December 6.]

a. Permit No. 6-08-100-A (1984 Abbott LLC, San Diego) Request by 1984 Abbott LLC to modify project for 12 residential condominiums to reduce the number of units to 10 and replace underground parking with below-grade parking, at 5113 Saratoga Avenue & 1984 Abbott Avenue, Ocean Beach, San Diego, San Diego County. (ES-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Permit No. 6-10-20-A (California Dept. of Fish & Game, Carlsbad) Request by California Department of Fish and Game to amend permit for lagoon maintenance dredging for additional west basin maintenance activities to include recontouring of shoreline with dredged sand, repair of storm drain dissipator structure, construction of fencing to limit trespass and predator access, and stabilize storm water spillway with dredged cobble to curb erosion, at Batiquitos Lagoon, between the ocean and El Camino Real, Carlsbad, San Diego County. (MA-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

17. 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]

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

19. NEW APPEALS. See AGENDA CATEGORIES.

[Addenda have been appended to the staff reports for items 19a and 19b below on December 6.]

a. Appeal No. A-2-SMC-11-23 (Westerfield & Love, San Mateo Co.) Appeal by James & Louise Montalbano & Marilyn M. Winkler from decision of County of San Mateo granting permit with conditions to Putney Westerfield & Ed Love for construction of 380 sq.ft. second floor addition to existing non-conforming 1,738 sq.ft. single-family home, and off-street parking exception to allow two uncovered tandem parking spaces along right side setback of project site, at 101 7th St., Montara, San Mateo County. (ND-SF) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

b. Appeal No. A-2-MAR-09-10 (Crosby, Marin Co.) Appeal by Dr. Edward J. Hyman & Dr. Deborah A. McDonald & Brenda & Richard Kohn from decision of County of Marin granting permit with conditions to Timothy Crosby for construction of 1,589 sq. ft. addition to existing 2,058 sq.ft. single-family home on 1.03-acre lot, at 9 Ahab Drive, Muir Beach, Marin County. (RP-SF) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

20. 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. 2-07-42 (City of Pacifica Parking Fee Program) Application of City of Pacifica to install three parking meter ticket machines at two existing parking lots and implementation of Parking Fee Program, at Pacifica State Beach north and south parking lot, Pacifica, San Mateo County. (RTA-SF) [POSTPONED]

21. REVISED FINDINGS See AGENDA CATEGORIES.

PLEASE NOTE: the following two agenda items are not new applications. They are recommendations for consideration of Revised Findings in support of prior Commission actions. Testimony will be limited to the adequacy of the proposed revised findings.

[An addendum has been appended to the staff report for item 21a below on December 6.]

a. Application No. 2-06-18/A-2-MAR-08-028 (Lawson's Landing, Inc., Marin Co.) Application of Lawson's Landing, Inc. for recreational and agricultural use of 960-acre property, including: 417 RV and tent spaces; 233 year-round travel trailer spaces; day-use parking; boating facilities, mooring, and launching; support facilities including store, offices, recreational center, employee housing, boat sales and repair, fuel service and storage; waste water/septic system; water tanks; and road improvements, at 137 Marine View Drive, Dillon Beach, Marin County. (RP-SF) [Findings APPROVED]

b. Application No. 2-10-33 (City & County of San Francisco) Application of City & County of San Francisco to construct shoreline protection measures including: (1) rock revetments (440 ft., 600 ft., and 70 ft.); (2) two tangent pile walls (270 ft. and 175 ft.); and (3) 11 beach monitoring posts at Ocean Beach between Sloat Blvd. and Skyline Blvd., San Francisco, San Francisco County. (RA-SF) [Findings APPROVED]

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:

CCC v. Feduniak, Govt. Code § 11126(e)(2)(A)
City & County of San Francisco v. CCC, Govt. Code § 11126(e)(2)(A)
Hyman et al. v. CCC (Crosby, RPI), Govt. Code § 11126(e)(2)(A)
Laguna Terrace Park, LLC. v. CCC, Govt. Code § 11126(e)(2)(A)
Lynch et al. 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)
Smith et al. v. Cal. Dept. of Fish & Game, CCC, 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)

22. APPROVAL OF MINUTES. [November 2011 Minutes APPROVED]

23. COMMISSIONERS' REPORTS.

24. CONSERVANCY REPORT.

25. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

26. DEPUTY ATTORNEY GENERAL'S REPORT.

27. EXECUTIVE DIRECTOR’S REPORT including reports and possible Commission action on legislation and water quality.

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

b. Authorization to enter into a contract with Tridec Technologies, LLC to pay the Commission share of the cost for a NOAA Coastal Fellow for two-years. (SH-SF) [APPROVED]

9:00 a.m.

THURSDAY, DECEMBER 8, 2011

1. CALL TO ORDER.

2. ROLL CALL.

3. AGENDA CHANGES.

4. GENERAL PUBLIC COMMENT. Public comments will be heard at 9:00 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.

SOUTH COAST DISTRICT (Los Angeles County)

5. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-238 (Leszuk, Long Beach) Application of Stephen Leszuk to remove 25’x 8’ rectangular dock float and replace with new same-sized dock float using existing davits on vertical seawall, and install new 3.25’ x 4’ landing and new gangway. No new piles, at 193 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

b. Application No. 5-11-265 (Sinnathamby & Venice Development, Los Angeles) Application of Sris Sinnathamby and Venice Development to convert 896 sq.ft. ground floor area of hotel lobby into kitchen and café for hotel guests, with twelve off-site parking spaces provided, at 401 Ocean Front Walk, Venice, City of Los Angeles, Los Angeles County. (CP-LB) [APPROVED]

6. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-211 (The Sunset Trust, Los Angeles) Application of The Sunset Trust to construct 3-story, 35-ft. high (plus 45-ft. high roof access structure) 5,884 sq.ft. single-family home with 870 sq.ft. garage on vacant beachfront lot, at 4607 Ocean Front Walk, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-11-223 (JK Pacific Group, LLC, Los Angeles) Application of JK Pacific Group, LLC to construct 3-story, 35-ft. high (plus 45-ft. high roof access structure) 4,921 sq.ft. single-family home with swimming pool and 1,250 sq.ft. garage on vacant beachfront lot and excavate and export 900 cu.yds. of sand, at 4617 Ocean Front Walk, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-11-227 (Black & Veatch Co., Los Angeles) Application of Black & Veatch Co. to remove wood utility pole and replace with new wood utility pole in same location and install wireless communication equipment, at Castellammare Dr. & Sunset Blvd (ROW), Los Angeles, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-11-232 (Gladstone & Thayer, Los Angeles) Application of Leon Gladstone & Meg Thayer to demolish 2-story, 550 sq.ft. single-family home on canal fronting lot, and construct 3-story, 30-ft. high, 3,151 sq.ft. single-family home with attached 2-car garage, at 432 Carroll Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-11-233 (Delphi Properties 1722 Strand, LLC, Hermosa Beach) Application of Delphi Properties 1722 Strand, LLC to demolish duplex and construct 25-ft. high, 7393 sq.ft. single family home, at 2666 The Strand, Hermosa Beach, Los Angeles County. (JDA-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-11-235 (451 Howland LLC, Los Angeles) Application of 451 Howland LLC to demolish 1-story, 479 sq.ft. single-family home on canal fronting lot, and construct 3-story, 30-ft. high, 3,705 sq.ft. single-family home with attached 2-car garage, at 451 E. Howland Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

7. DEPUTY DIRECTOR’S REPORT FOR LOS ANGELES COUNTY. 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 Long Beach office at (562) 590-5071. [APPROVED]

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

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

a. City of Long Beach LCP Amendment No. LOB-MAJ-01-10 (Golden Shore Master Plan). Time Extension. Public hearing and action to extend time limit up to one year for the City’s acceptance of the Commission suggested modifications on City of Long Beach LCP Amendment No. 1-10. Amendment No. 1-10 would divide Subarea 1 of the Downtown Shoreline Planned Development District (PD-6) into Subareas 1 and 1a, expand the list of allowable land uses (to include office, residential, retail and hotel uses) and adopt development standards for Subarea 1a (including a 500-foot height limit), and incorporate the Golden Shore Master Plan into the certified LCP. The LCP amendment request affects both the Implementing Ordinances (LIP) and Land Use Plan (LUP) portions of the certified LCP. (CP-LB) [Time Extension APPROVED]

b. City of Long Beach LCP Amendment No. LOB-MAJ-02-10. Time Extension. Public hearing and action to extend time limit up to one year for the City’s acceptance of the Commission suggested modifications on City of Long Beach LCP Amendment No. 2-10. Amendment No. 2-10 would amend the Downtown Shoreline Planned Development District (PD-6) to remove the 150,000 gross square foot limit on the size of the aquarium allowed in Shoreline Park (Subarea 6). (CP-LB) [Time Extension APPROVED]

10. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-MDR-11-272 (Holiday-Panay Way Marina, L.P., Los Angeles Co.) Appeal by David Barish, Co-Director, We Are Marina Del Rey from decision of County of Los Angeles granting permit to Holiday-Panay Way Marina, L.P. for (1) demolition of all landside improvements; and (2) construction of structure with 2,916 sq. feet of retail uses, 11,432 sq. feet of marine commercial uses, 5,000 sq.ft. yacht club, 6,000 sq.ft. health club, 447 space 6-level parking structure, adjacent waterfront public pedestrian promenade, public park and other site amenities and facilities, at 14025 Panay Way, Parcel 21, Marina Del Rey, Los Angeles County. (AP-LB) [NO SUBSTANTIAL ISSUE FOUND]

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.

[Items 11a and 11b below share a single, combined staff report;
an addendum has been linked from it on December 6.]

a. Appeal No. A-5-PPL-11-28 (Dolbinski, Pacific Palisades) Appeal by Gerald B. Kagan from decision of City of Los Angeles granting permit to Robert Dolbinski to construct 3-story, 1,966 sq.ft. single-family home on vacant 3,170 sq.ft. lot, at 370 Vance Street & 375 East Rustic Road, Pacific Palisades, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-11-56 (Dolbinski & Chen, Pacific Palisades) Application of Robert Dolbinski & Jeanne Chen to construct 3-story, 1,966 sq.ft. single-family home on vacant 3,170 sq.ft. lot, at 370 N. Vance Street, Pacific Palisades, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

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. [APPROVED WITH CONDITIONS]

14. PUBLIC WORKS PLAN.

[A revised addendum has been appended to the staff report for item 14a below on December 7.]

a. Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 2-11 (Peninsula Park Guest Dock Reconstruction and New Restroom Building). Public hearing and action on Notice of Impending Development by Channel Islands Harbor to demolish and replace 11 slip linear dock system with 26 new slips and gangway, remove and replace dock infrastructure, including pilings, gangway, gates, electrical service, lighting, security, dump station and pump out facility, and to demolish 2-story, 1,100 sq.ft. restroom and shower building and construct new 1-story, 652 sq.ft. new restroom and shower building in new location adjacent to tennis courts, located at Peninsula Park, 0.4 miles south of Channel Islands Blvd. and Peninsula Road, Oxnard, Ventura County. (AT-V) [APPROVED]

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.

[Addenda have been appended to the staff reports for items 15a and 15b below on December 5.]

a. Application No. 4-08-040 (Grisanti, Los Angeles Co.) Application of Paul and Sara Grisanti to construct 1,200 sq.ft. single-family home, septic system, and 200 cu.yds. of grading to replace home destroyed in the 2007 Corral Canyon fire, at 2828 McAlpine Drive, El Nido Small Lot Subdivision, Santa Monica Mountains, Los Angeles County. (DC-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 4-09-076 (Smith, Los Angeles Co.) Application of Mark and Agnes Smith to convert 630 sq.ft. detached carport to 747 sq.ft. guesthouse with 164 sq.ft. attached garage accessory to existing single-family home, at 20433 Medley Lane, Santa Monica Mountains, Los Angeles County. (DC-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

16. 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. Amendment No. 4-05-154-A1 (WF Trust, Los Angeles Co.) Request by WF Trust to increase square footage of previously approved home by 1,189 sq. feet and reduce height by 2.5 feet, in order to construct 25-ft. tall, 4,589 sq.ft. home; increase detached accessory structure by 100 sq. feet for a total 1,350 sq.ft. detached accessory structure (600 sq.ft. non-habitable garage and 750 sq.ft. guest house); add 80 linear feet to previously approved 200 linear ft., 8-ft. high retaining wall; add new pool and spa; add new ground-mounted solar panels; 10,876 sq.ft. corral; and revise grading plan to reduce previously approved grading amount by 24 cu.yds. to 872 cu.yds. grading (436 cu.yds. cut and 436 cu.yds. fill) in order to reconfigure building pad and fire department turnaround. In addition, request for after-the-fact authorization of 5,778 cu.yds. grading (3,064 cu.yds. cut, 2,714 cu.yds. fill) located at 33383 Mulholland Highway, Malibu, Los Angeles County. (AT-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENFORCEMENT

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

CENTRAL COAST DISTRICT

18. 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]

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

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

a. City of Capitola LCP Amendment No. CAP-1-10 Part 1 (C-C District Standards). Concurrence with the Executive Director’s determination that the request by the City of Capitola to amend the LCP’s C-C (Community Commercial) regulations along a portion of 41st Avenue with respect to parking standards, allowable uses, and definitions is de minimis. (DR-SC) [APPROVED]

[An addendum has been appended to the staff report for item 20b below on December 7.]

b. City of Pismo Beach LCP Amendment No. PSB-1-10 Part 2 (Vacation Rentals). Public hearing and action on request by the City of Pismo Beach to modify the LCP to prohibit vacation rentals in residential districts throughout the City of Pismo Beach. (DR-SC) [DENIED]

21. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been linked from the staff report for item 21b below on December 7.]

a. Appeal No. A-3-SCO-10-033 (Arthur, Santa Cruz Co.) Appeal by Patrick Murphy of Santa Cruz County decision granting permit with conditions to Brian Arthur for construction of 2,500 sq.ft. single-family home and related improvements on coastal bluff side of Oakhill Road in the unincorporated Aptos area, Santa Cruz County. (SC-SC) [NO SUBSTANTIAL ISSUE FOUND]

[Additional correspondence has been appended to the staff report for item 21b below on December 7.]

b. Appeal No. A-3-PSB-10-062 (Koligian, San Luis Obispo Co.) Appeal by Commissioners Stone and Wan, and San Luis Obispo Coastkeeper, of City of Pismo Beach decision granting permit with conditions to Vaughn and Mary Koligian for construction of 3,600 sq.ft. duplex residential structure on raised pilings, demolition of portion of neighboring residential structure (which extends onto the project site), construction of bridge from sidewalk area to provide access to new duplex, and other related improvements, at 140 Addie Street along Addie Street in Pismo Beach, San Luis Obispo County. (MC-SC) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

c. Appeal No. A-3-SCO-11-078 (Constantz, South Santa Cruz Co.) Appeal by Commissioners Brennan and Stone of Santa Cruz County decision granting permit with conditions to Brent and Sylvia Constantz for installation of two 30-ft. tall freestanding vertical axis wind turbines; construction of greenhouse with patio and fireplace; enclose existing breezeway and convert existing storage area over existing detached garage into habitable playroom; remodel kitchen; add parking area adjacent to existing garage; install above-ground spa, outdoor shower, and outdoor fireplace; enlarge patio; and install 2 cisterns and 6-ft. perimeter fence at 240 Seaview Terrace in unincorporated south Santa Cruz County. (SC-SC) [POSTPONED]

22. 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.

[An addendum has been linked from the staff report for item 22a below on December 7.]

a. Application No. 3-11-074 (City of Santa Cruz Arana Gulch Master Plan) Application of City of Santa Cruz to implement Arana Gulch Master Plan for 67.7 acre City-owned greenbelt property and to develop off-property trail connections. Project includes management and restoration of habitat areas; improvements to existing trail system, including paved multi-use path (some over existing trails, some new) with connections to Frederick St. and Seventh Ave.; construction of new bridge over Hagemann Gulch; interpretive displays and trail signage; installation of fencing, including limited cattle grazing, at Arana Gulch, inland of Santa Cruz Harbor, Santa Cruz County. (SC-SC) [APPROVED WITH CONDITIONS]


9:00 a.m.

FRIDAY, DECEMBER 9, 2011

1. CALL TO ORDER.

2. ROLL CALL.

3. AGENDA CHANGES.

4. 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.

STATEWIDE

5. Contract for Data Base Software System. Commission authorization for Executive Director to enter into a contract for procurement of a database software system for upgrade of Commission’s data management systems. (SH-SF) [APPROVED]

6. Public Education Program Update. Presentation by the Public Education Program staff on activities and accomplishments for 2011. (CP/ES/SL/AF/VM/MY/SW-SF)

NORTH 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 Eureka office at (707) 445-7833. [APPROVED]

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

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

a. LCP Amendment No. DNC-MAJ-1-10 (Extension of Urban Services). Time Extension. Public hearing and Commission action to extend time limit for action by County of Del Norte to accept Commission certification of LCP Amendment No. DNC-MAJ-1-10 (Extension of Urban Services) with suggested modifications. (JB-E)  [Time Extension APPROVED]

9.5. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-1-MEN-11-045 (Hentzsche, Neth, & Bishop, Mendocino Co.) Appeal by Commissioners Sanchez & Bochco from decision of County of Mendocino granting permit with conditions to Lisa Hentzsche, Pat Neth, Brian & Deborah Bishop for minor subdivision of 23.16 acre parcel to create two parcels, one containing 10.16 acres and one containing 13.0 acres at 30300 Hilltop Lane, Gualala, Mendocino County. (TG-E) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

10. 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. 1-08-37-A (Pacific Gas & Electric Co., Humboldt Co.) Request by Pacific Gas & Electric Co. to modify permit granted for vegetation management along gas pipelines to conduct additional vegetation management work along nine segments of gas transmission right-of-ways between Van Duzen River south of Alton & Arcata, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

11. 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]

12. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 12a below on December 8.]

a. CD-029-11 (Army Corps, San Clemente) Consistency determination by U.S Army Corps of Engineers for San Clemente Shoreline Protection Project, a 50-Year Beach nourishment program for San Clemente Beach, consisting of initial nourishment on the beach in 2012 of approximately 251,000 cu.yds. of sand dredged from offshore Del Mar Boat Basin, and beach disposal in 3,412 ft.-long area centered around San Clemente Pier, San Clemente, Orange County. (MPD-SF)  [APPROVED]

b. CD-045-11 (National Park Service, Del Norte Co.) Consistency determination by National Park Service for closure to motorized vehicles of Coastal Drive, Redwood National Park, Del Norte Co. (LK-SF) [APPROVED]

[An addendum has been linked from the staff report for item 12c below on December 8.]

c. CD-047-11 (Corps of Engineers, San Luis Obispo Co.) Consistency determination by Corps of Engineers for geophysical and geotechnical testing to determine feasibility of site for subsurface desalination intake and/or outfall, at Santa Rosa State Beach and Shamel County Park in Cambria, San Luis Obispo County. (TL-SF) [DENIED]

13. REVISED FINDINGS See AGENDA CATEGORIES.

a. CD-047-90 (Navy, San Diego) Revised findings for Commission determination that the Commission’s 1991 concurrence with the Navy’s Consistency Determination for the Broadway Complex, Broadway and Harbor Drive, San Diego, is no longer valid, and that the project, which has not commenced, is no longer consistent to the maximum extent practicable with the California Coastal Management Program. (MPD-SF) [Findings APPROVED]

 

Future Meetings: The next meetings of the Coastal Commission are January 11-13, 2012 in Santa Monica and February 8-10, 2012 in Santa Cruz County,