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April 2012 Agenda

Ventura City Hall Council Chambers
501 Poli Street
Ventura, CA 93001
(415) 407-3211

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

PLEASE NOTE: FRIDAY MEETING NOW BEGINS AT 8:30 A.M.

This has been updated at 11:15 a.m., Friday, April 13, 2012.

9:00 A.M.

WEDNESDAY, April 11, 2012

1. CALL TO ORDER.

2. ROLL CALL.

3. AGENDA CHANGES.

STATEWIDE

4. EXECUTIVE DIRECTOR’S REPORT. Legislative report and possible Commission action on legislation.

5. 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.

SONGS: NOTICE OF TECHNICAL REVIEW WORKSHOP for the San Onofre Nuclear Generating Station WHEELER NORTH REEF MITIGATION PROJECT. A public workshop to present the 2011 results of the independent monitoring program for the SONGS artificial reef project will be held Monday, April 9, 2012 from 6:00 to 8:00 PM at the Samueli Conference Center located at the Ocean Institute, 24200 Dana Point Harbor Drive, Dana Point, California.

Contact Jonna Engel (jengel@coastal.ca.gov) or Dan Reed (reed@lifesci.ucsb.edu) for more information. Go to: http://marinemitigation.msi.ucsb.edu/index.html for more information about the SONGS mitigation.

SOUTH COAST DISTRICT (LOS ANGELES)

6. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-307 (City of Long Beach, Dept. of Parks, Recreation, And Marine) Application of City of Long Beach, Dept. of Parks, Recreation, and Marine to attach 15 pre-fabricated 20’x 8’ floating dock modules to Pine Avenue Pier to create 300 linear feet of additional public docking area in Rainbow Harbor. No new piles to be installed, at 330 S. Pine Ave., Long Beach, Los Angeles County. (CP-LB) [APPROVED]

7. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-243 (South Bay III, LLC, Hermosa Beach) Application of South Bay III, LLC to demolish duplex and construct new 25 ft. high, 10,517 sq.ft. single family home, at 2408 The Strand, Hermosa Beach, Los Angeles County. (JDA-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-11-295 (Bloomberg & Farrell, City of Los Angeles) Application of Stuart Bloomberg & Mary Farrell to demolish one-story, 1,577 sq.ft. duplex and detached garage on 3,594 sq.ft. lot fronting walk street; and construct two-story (plus basement), 28 ft.-high, 5,455 sq.ft. single-family home with attached two-car garage, and landscape portion of adjoining walk street, at 44 Ozone Avenue, Venice, City of Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-12-26 (City of Long Beach, Dept. of Parks, Recreation, & Marine) Application of City of Long Beach, Dept. of Parks, Recreation, & Marine to remove 313 ft.-long public boat dock at Shoreline Village and replace it in same location with new 713 ft.-long public boat dock (with new gangway and two new sewage pump-out stations) using 12 existing piles and 12 new piles, at 435 Shoreline Village Dr. (rainbow Harbor, Dock 10), Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO DISTRICT

8. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-11-88 (San Diego Gas & Electric (SDG&E), San Diego) Application of SDG & E to remove damaged wooden utility pole (#90948) and install replacement utility pole adjacent to removed pole location. All work to occur by hand with no mechanized equipment or vehicle access necessary, at Sorrento Valley Blvd. approximately 1 mile northeast of intersection of Vista Sorrento Pkwy., San Diego, San Diego County. (ES-SD) [APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

9. 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]

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

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. E-11-017 (PG&E, San Luis Obispo Co.) Application of Pacific Gas & Electric Company to install and operate an array of seismic activity monitoring devices and approximately eleven miles of associated power and data cable on the seafloor in state waters offshore of Point Buchon and the Diablo Canyon Nuclear Generating Station, San Luis Obispo County. (CT-SF) [APPROVED WITH CONDITIONS]

12. FEDERAL CONSISTENCY. See AGENDA CATEGORIES .

a. CD-004-12 (Corps of Engineers, Statewide) Consistency determination by U.S. Army Corps of Engineers for issuance, reissuance, and modifications of Nationwide Permits allowing for discharge of dredge and fill materials into waters of the United States, statewide. (LJS-SF) [DENIED]

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

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

15. NEW APPEALS.See AGENDA CATEGORIES.

a. Appeal No. A-1-HUM-12-5 (Humboldt Trap & Skeet Club, Humboldt Co.) Appeal by James Bisiar from decision of County of Humboldt granting permit with conditions to Humboldt Trap & Skeet Club construction of new skeet field. The skeet field will consist of 14 feet, 4 in. tall-high house and 7 ft.-tall low house and concrete walk for shooting stations. The site is located in McKinleyville area, on east side of Lycoming Ave, between intersection of Airport Road and Lycoming Avenue, Humboldt County. (MBK-E) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-1-HUM-12-6 (Smith, Humboldt Co.) Appeal by Jody L. Poulnott from decision of County of Humboldt granting permit with conditions to Brian Smith for development of 2,090 sq.ft., two-story, 25 ft.-high single-family home with attached garage, greenhouse, septic sytem and removal of 13 conifer trees, at 183 Westgate Drive (north of Trinidad), Humboldt County. (MBK-E) [NO SUBSTANTIAL ISSUE FOUND]

c. Appeal No. A-1-HUM-12-8 (Cienfuegos, Humboldt Co.) Appeal by Michael Fennell from decision of County of Humboldt granting permit modification with conditions to Paul Cienfuegos to convert existing home to 614 sq.ft. primary and 480 sq.ft. secondary residence at 1485 Peninsula Drive, Manila, Humboldt County. (JRB-E) [NO SUBSTANTIAL ISSUE FOUND]

16. 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 appended to the staff report for item 16a below on April 9.]

a. Application No. 1-11-43 (Needham, Humboldt Co.) Application of Thomas Needham to demolish 1,200 sq.ft., one-story single-family home and construct new 900 sq.ft., 28 ft.-high, two-story (2nd floor living space above 1st floor garage), 1-bedroom, single family home with driveway and fencing, at 1561 Buhne Drive, King Salmon, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 1-11-46 (California Department of Transportation, Humboldt Co.) Application of California Department of Transportation to remove 7 eucalyptus trees at southern end of windrow along railroad corridor adjacent to U.S. Highway 101 to increase flight clearance associated with Humboldt County's Murray Field Airport, near shoreline of Humboldt Bay, between railroad corridor and U.S. Highway 101, near Murray Field Airport, Humboldt County. (MF-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 16c below on April 10.]

c. Application No. 1-12-4 (Crescent City Harbor District, Del Norte Co.) Application of Crescent City Harbor District to restore outer boat basin to its capacity and function prior to damage from March 11, 2011 tsunami by dredging approximately 251,160 cu. yds. of material from the basin and placing 3,731 cu.yds. of new rock to repair the existing shoreline revetment at five locations along the interior embankments of the basin at 101 Citizens Dock Road, Crescent City, Del Norte County. (RSM-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

17. 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. 1-08-47-A (Crescent City Harbor District, Del Norte Co.) Request by Crescent City Harbor District to modify permit granted for rehabilitation of Harbor's Inner Basin Breakwater for repairs to northerly 240 feet of Inner Boat Basin Breakwater damaged as result of March 11, 2011 tsunami, by placing additional rock slope protection, at 101 Citizens Dock Road, Crescent City, Del Norte County. (MKF-E) [POSTPONED]

[An addendum has been appended to the staff report for item 17b below on April 10.]

b. Permit No. 1-10-35-A (Crescent City Harbor District, Del Norte Co.) Request by Crescent City Harbor District to modify permit granted for rehabilitation of Harbor's Inner Boat Basin Marina for additional permanent repairs to Inner Boat Basin to repair damage from March 11, 2011 tsunami including repairs to rock slope protection (RSP), installing 8 additional piles, replacing the administrative dock, and expanding the work window, to June 1 through November 15, at 101 Citizens Dock Road, Crescent City, Del Norte County. (RSM-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Permit No. 1-81-187-A2 (Jordan, Mendocino Co.) Request by Roger Jordan to modify permit granted to remodel addition to existing single family home; replace existing decks with new expanded stone patio; add new outdoor trellis and fences; and after-the-fact request for authorization to modify approved landscaping plan to plant trees in select locations, at 32700 North Highway One, Fort Bragg, Mendocino County. (TG-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENFORCEMENT

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

STATEWIDE

19. Coastal Program 40th Anniversary Report. Staff presentation on accomplishments and implementation of the Commission's program in the South Central Coast Region, focusing on Malibu and the Santa Monica Mountains area. For information, contact the Commission's South Central Coast District at (805) 585-1800.

SOUTH COAST DISTRICT (Los Angeles County)

20. 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. [APPROVEDS]

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

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.

a. Application No. 5-11-133 (Santa Catalina Island Company & City of Avalon) Application of Santa Catalina Island Company & City of Avalon for Pebbly Beach Road Rockfall mitigation plan project involving installation of rockfall barriers (i.e., k-rails, debris fences and wire mesh draperies) along inland side of road and on hillsides above road to increase public safety and improve public access for pedestrians, bicyclists and vehicles, at Pebbly Beach Road between Crescent Ave & Pebbly Beach, City of Avalon, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-11-256 (City of Los Angeles Solar Power Light Poles) Application of City of Los Angeles to install five(5) 25 ft.-high solar-powered light poles (each with 9 ft.-long lamp extension) on beach next to Graffiti Art Walls, at 1800 Ocean Front Walk, Venice, City of Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

23. 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. Application No. 5-84-591-A2 (City of Santa Monica Playground Renovation) Application of City of Santa Monica to renovate existing park and picnic area into universally accessible playground with play amenities to accommodate recreational needs of children with physical or learning disabilities including a “ship” play structure, seating and picnic areas, shade sails, native landscaping, security fencing, and reassignment of 19 adjacent parking spaces for handicap use, at 2900 Ocean Front Walk, Santa Monica, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

24. 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. 3-11 (Voluntary Accessibility Program) Certification Review. Concurrence with the Executive Director’s determination that the action by the City of San Diego accepting suggested modifications to the City’s Local Coastal Program Amendment No. 3-11 is legally adequate. (DNL-SD) [APPROVED ]

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

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

a. City of Carlsbad LCP Amendment No. CAR-MAJ-1-11 (Non-Conforming Buildings and Uses). Public hearing and action on request by the City of Carlsbad to amend several chapters of its Implementation Plan (IP) including replacing Chapter 21.48 – Nonconforming Building and Uses in its entirety, and amending other related chapters to encourage the rehabilitation of nonconforming buildings and uses. (TR-SD) [WITHDRAWN]

27. NEW APPEALS. See AGENDA CATEGORIES.

[Additional materials have been added to the staff report for item 28a below on April 9.]

a. Appeal No. A-6-ENC-12-10 (City of Encinitas Moonlight Beach improvements) Appeal by Donna Westbrook from decision of City of Encinitas granting permit with conditions to City of Encinitas Parks & Recreation Dept. for demolition of an existing detached 600 sq.ft. concession structure and 864 sq.ft. bathroom structure and construction of 2,938 sq.ft. concession, bathroom and storage building, detached 861 sq.ft. lifeguard garage with public viewing deck above, shade structure and approximately 144 sq.ft. trash enclosure. The project also includes grading, reconfiguration of lower portion of access ramp from upper parking lot to beach, installation of associated landscape and hardscape improvements throughout project site, and use of temporary construction trailer during construction phase of project, at Moonlight State Beach, 400 C Street, Encinitas, San Diego County. (ES-SD) [WITHDRAWN]

28. 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.

[Additional correspondence has been added to the staff report for item 28a below on April 9.]

a. Application No. 6-11-59 (22nd District Agricultural Association, San Diego) Application of 22nd District Agricultural Association for placement of a 6,650 sq. ft. fabric tent structure to accommodate existing golf related uses; placement of an approximately 1,500 sq. ft. prefabricated structure on the west side of the existing driving range for golf training; installation of a junior golf area; installation of new putting greens, sand bunkers, and 2-20 ft. light posts; request for continued usage of an existing 13,500 sq. ft. tent for youth volleyball activities; and after the fact request for an approximately 170 sq. ft. detached bathroom structure, operation of a swimming school, a 2,500 sq. ft. swimming pool tent, and a 1,200 sq. ft. swimming pool, at Del Mar Fairgrounds (Surf and Turf site), on the east side of Jimmy Durante Boulevard, immediately south of the Del Mar Hilton parking lot, Torrey Pines, San Diego, San Diego County. (ES-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-11-89 (UCSD, San Diego) Application of University of California, San Diego (Scripps Institution of Oceanography) for renovation, demolition and reconstruction of existing research and storage buildings in Seaweed Canyon to include demolition of existing buildings T-44 and Seaweed Canyon Quonset Storage and construction of three research and storage buildings (totaling 24,387 sq. ft.) resulting in a total of 40,999 sq. ft. and 6 buildings on a 5.7 acre site, at Seaweed Canyon, Scripps Institution of Oceanography campus, La Jolla, San Diego, San Diego County. (MA-SD) [POSTPONED]

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:

CCC v. Feduniak, Govt. Code, section 11126(e)(2)(A)
Laguna Terrace Park, LLC v. CCC, Govt. Code, section 11126(e)(2)(A)
Laguna Terrace Park, LLC. et al. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Norberg v. CCC, Govt. Code, section 11126(e)(2)(A)
Norris et al. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Ross et al. v. CCC et al. (Malibu Bay Co., RPI), Govt. Code, section 11126(e)(2)(A)
SDS Family Trust v. CCC, 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).

STATEWIDE

29. APPROVAL OF MINUTES. [Minutes of March 2012 APPROVED]

30. COMMISSIONERS' REPORTS.

31. CONSERVANCY REPORT.

32. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

33. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Authorization to enter into a contract with Sea Grant/University of California, San Diego to pay the Commission share of the cost for a Sea Grant Coastal Fellow for one-year. (SH-SF) [APPROVED]

RECEPTION

RECEPTION. At the conclusion of the Commission’s meeting on April 11th, or at 6:00 p.m., whichever is later, the Commission will attend a reception hosted by the Sierra Club, CAUSE, EDC & ORCA at the Watermark Restaurant in Ventura, 598 E. Main St, Ventura, CA 93001. Members of the public are welcome to join the Commission but space is limited. Please call (805) 232-4048 to make a reservation.

 9:00 a.m.

THURSDAY, APRIL 12, 2012

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 (Orange County)

5. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-285 (Farmer, LTD, Sunset Beach) Application of Farmer, LTD to convert unpermitted triplex back to single-family home on 2,700 sq.ft. interior lot within first public road and sea. Complete interior remodel is proposed to convert existing 1,050 sq.ft. single-story duplex structure back to single family home; third unit located on second story of detached two-car garage to be converted into storage space. New windows and doors and new exterior paint proposed for remodel and garage. No grading or landscaping is proposed, at 17020 7th Street, Sunset Beach, Orange County. (LR-LB) [APPROVED]

b. Application No. 5-11-286 (Farmer, LTD, Sunset Beach) Application of Farmer, LTD for complete interior remodel including replacement of windows and doors and new insulation of existing 1,218 sq.ft. single family home and construction of 20’ x 20’ and 12 ft.-tall, two-vehicle wood carport and new driveway along frontage road for carport access. No grading or landscaping is proposed, at 17016 7th Street, Sunset Beach, Orange County. (LR-LB) [APPROVED]

c. Application No. 5-12-25 (Hagin, Huntington Beach) Application of Mr. & Mrs. Jim Hagin to install new addition to existing cantilevered deck, new gutter on cantilever and new filter box. The deck addition is 21 foot 2 inches long and cantilevers 5 ft. beyond the bulkhead, at 17062 Baruna Lane, Huntington Beach, Orange County. (JDA-LB) [APPROVED]

6. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-258 (Gondon, Newport Beach) Application of Max Gondon to remove 42.5 ft.-long wooden bulkhead and construct new concrete bulkhead in same location supported with four (4) helical anchors landward of bulkhead with top bulkhead elevation of +9.0 ft. mean lower low water (MLLW), to protect existing single-family home. Grading consisting of 30 cu.yds. of cut and 30 cu.yds. of fill, to be recompacted on site. Proposed cantilevered deck extending 5 feet past edge of bulkhead coping and new 3-ft. 6-in. tall guardrail installed at edge of new bulkhead, at 1913 East Bay Ave, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-12-6 (Nielsen, Huntington Beach) Application of Christian Nielsen to repair existing seawall/bulkhead consisting of installation of 7/16 in. carbon fiber reinforced vinyl ester resin sheetpile panels (sheet pile) along toe of seawall footing and removal of existing concrete to restore 20.92 sq. feet of soft bottom bay habitat to mitigate 5.42 sq. feet of soft bottom habitat, at 16852 & 16862 Baruna Lane, Huntington Beach, Orange County. (MV-LB)) [APPROVED WITH CONDITIONS]

c. Application No. 5-12-007 (Wirtz, Huntington Beach) Application of Kenrick G. Wirtz to repair existing seawall/bulkhead consisting of installation of 7/16 in. carbon fiber reinforced vinyl ester resin sheetpile panels (sheet pile) along toe of seawall footing and removal of existing concrete to restore 8.08 sq. feet of soft bottom bay habitat to mitigate 2.71 sq. feet of soft bottom habitat impact, at 16712 Wanderer Lane, Huntington Beach, Orange County. (MV-LB)) [APPROVED WITH CONDITIONS]

d. Application No. 5-12-19 (Nichols, Huntington Beach) Application of Mr. & Mrs. Robert and Teresa Nichols to repair existing seawall/bulkhead consisting of installation of 7/16 in. carbon fiber reinforced vinyl ester resin sheetpile panels (sheet pile) along toe of seawall footing and removal of existing concrete to restore 10.95 sq. feet of soft bottom bay habitat to mitigate 2.71 sq. feet of soft bottom bay impact, at 4022 Diablo Circle, Huntington Beach, Orange County. (MV-LB)) [APPROVED WITH CONDITIONS]

NORTH COAST DISTRICT

7. 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. 1-11-7 (Union Pacific Railroad, Eureka) Application of Union Pacific Railroad to remediate soil contamination at former metal salvage operation site by (1) clear vegetation from 7,000 sq.ft. upland area adjacent to shoreline and demolish existing 6,400 sq.ft. warehouse building; (2) excavate 13,580 cu.yds. of contaminated soils from upland portion of site and backfill area with clean imported earthen material; (3) prepare one acre intertidal mudflat portion of site for dredging of contaminated sediments by installing temporary turbidity barrier (PORTADAM steel-framed structure and/or silt fencing); (4) dredge 4,350 cu.yds. of contaminated sediments from intertidal mudflat and backfill with clean imported earthen material; (5) install shoreline stabilization materials along length of site above mean high water following excavation, includes “marine mattress” composed of rock-filled geogrid container buried beneath backfill between MHW and high tide line (HTL), rows of live willow fascines and coir matting above HTL, and row of 3’x3’ gabion baskets buried just below final grade along upland strip of land above the HTL; and (6) temporarily stockpile dredged and excavated material on upland portion of site for dewatering purposes prior to transport to off-site disposal facilities, at 701 First Street, Eureka, Humboldt County. (MBK-E) [POSTPONED]

NORTH 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 San Francisco office at (415) 904-5260.

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

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.

a. Application No. 2-10-032 (Kotula, Marin Co.) Application of Dorothy Kotula for after-the-fact replacement of section of pier (including pilings), and proposed replacement of a dock, pilings, and stairs at the end of the pier, on the Tomales Bay side of 12788 Sir Francis Drake Boulevard in the unincorporated Inverness area of Marin County. (LK-SF)) [APPROVED WITH CONDITIONS]

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

a. City of Carmel by-the-Sea LCP Amendment No. CML-MIN-1-12. Concurrence with the Executive Director’s determination that the proposed modification to the City’s LCP to allow transitional housing as a principal as opposed to a conditional use in the Residential Limited Commercial district is minor. (MW-SC) [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 Pismo Beach LCP Amendment No. PSB-1-10 Part 1 (Open Space Landscaping). Time Extension. Public hearing and action on request by City of Pismo Beach to extend time to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Amendment 1-10 Part 1 (Open Space Landscaping). (MC-SC) [Time Extension APPROVED]

b. City of Pismo Beach LCP Amendment No. PSB-1-11 (Sign Regulations). Time Extension. Public hearing and action on extension of time limit to act on request by City of Pismo Beach to amend the LCP’s sign regulations. (KG-SC) [Time Extension APPROVED]

c. Monterey County LCP Amendment No. MCO-1-12 Part 1 (Del Monte Forest LCP update and Pebble Beach Company Concept Plan). Public hearing and action on request by Monterey County to amend the LCP to update the LCP overall for the Del Monte Forest, including to provide for the Pebble Beach Company’s Concept Plan (designed to provide for development and preservation measures for the Company’s remaining land holdings in the Del Monte Forest). (KB-SC) [POSTPONED]

d. Santa Cruz County LCP Amendment No. SCO-1-11 Part 1 (Site Standard Exceptions). Public hearing and action on request by Santa Cruz County to amend LCP provisions to allow for exceptions from certain maximum scale and bulk standards (related to height, setbacks, separation between structures on the same property, lot coverage and floor area ratio) in the urban areas of Santa Cruz County. (JA-SC) [APPROVED WITH MODIFICATIONS]

14. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-3-SLO-11-064 (Lewis, San Luis Obispo Co.) Appeal by John Carsel and Carol Baptiste, John and Sue Black, and Marie Jaqua of San Luis Obispo County decision granting coastal permit with conditions to Dr. Marshall Lewis for demolition of 2,810 sq.ft., one-story, single-family home and construction of new 4,555 sq.ft., two-story, single-family home with 2,377 sq.ft. underground garage, and relocation of historic water tank on-site, at 709 Lucerne Avenue in the Cayucos area of San Luis Obispo County. (DR-SC) [SUBSTANTIAL ISSUE FOUND]

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.

[Ex parte communication disclosures and correspondence
have been appended to the staff report for item 15a below on April 11.]

a. Application No. 3-10-023 (Santa Cruz Port District Dredging and Beach Nourishment Project) Application of Santa Cruz Port District for multi-year dredging and beach nourishment at and adjacent to Santa Cruz Harbor in both City of Santa Cruz and unincorporated Live Oak beach area of Santa Cruz County. (SC-SC) [ [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 3-10-034 (Caltrans, Monterey Co.) Application of Caltrans for both after-the-fact authorization and follow-up permit authorization (for development completed under emergency CDPs 3-10-005-G and 3-10-015-G) associated with two rip-rap revetment structures (637 feet long and 820 feet long) and two gabion crib wall structures (550 feet long and 426 feet long) and related development along Highway One at Shale Point and Alder Creek in the Big Sur coast area of Monterey County. (MW-SC) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 15c below on April 11.]

c. Application No. 3-11-031 (Giovanni's Fish Market, Morro Bay) Application of Giovanni’s Fish Market to expand boat dock, to improve existing outdoor seating area with additional windscreens and retractable awning, and to relocate sportfishing business to site, at 1001 Front Street (along Morro Bay Embarcadero (lease sites 102 and 102W)), Morro Bay, San Luis Obispo County. (MC-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum, ex parte communication disclosures and correspondence
have been appended to the staff report for item 15d below on April 11.]

d. Application No. 3-11-035 (Coast Dairies & Land Company, Davenport) Application of Coast Dairies & Land Co. for a land division of approximately 6,800-acre property resulting in 7 parcels (6 parcels inland and 1 seaward of Highway One) surrounding community of Davenport in north coast area of Santa Cruz County. (DR-SC) [APPROVED WITH CONDITIONS]

16. CONDITION COMPLIANCE.

a. A-3-MCO-98-083 (Highlands Inn Mitigation Fund Review, Monterey Co.) Commission consideration of potential allocation of funds from Highlands Inn Mitigation Fund (established through coastal permit A-3-MCO-98-083) for the following potential projects: hostel at the Piedras Blancas Motel site (conversion of motel to hostel); campground at Point Lobos Ranch, and/or a hostel in vicinity of Pfeiffer Big Sur State Park, Monterey County. (DC-SC) [APPROVED]

STATEWIDE

COMMISSION FIELD TRIP. Weather permitting, the Commission will take a field trip, leaving the Ventura City Hall at approximately 1:00 pm on Thursday, April 12th, to visit various sites in the City of Ventura and Ventura Harbor area. The Commission will return at approximately 3:00 pm to complete its remaining agenda. The public is invited to attend by following the Commission vehicle(s) in private vehicles and joining the Commission at designated stops. Limited seating may be available on the Commission van. A more detailed itinerary will be available at a later date. For more information, please contact the Commission’s South Central District office in Ventura at (805) 585-1800.

SOUTH 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 Ventura office at (805) 585-1800. [APPROVED]

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

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

[An addendum has been appended to the staff report for item 19a below on April 11.]

a. City of San Buenaventura LCP Amendment No. SBV-MAJ-1-11. Public hearing and action on request by the City of San Buenaventura to amend the Land Use Plan portion of the certified LCP to modify the policies and provisions pertaining to mixed-use development on an approximately 21-acre vacant waterfront site designated Harbor Related Mixed Use (HRMU) in the Northeast Harbor area of the Ventura Harbor. (KB-V) [APPROVED WITH MODIFICATIONS]

b. County of Santa Barbara LCP Amendment No. MAJ-4-11 (Time Extension). Public hearing and action to extend the time limit for action for one year on the County of Santa Barbara’s request to amend the certified Coastal Zoning Ordinance to provide the Director of the Planning and Development Department the authority to grant additional two year time extensions to approved, active, unexpired permits and projects due to economic hardship considerations until January 12, 2015. (AT-V) [Time Extension APPROVED]

20. NEW APPEALS. See AGENDA CATEGORIES.

[Additional correspondence received has been appended to the staff report for item 20a below on April 9.]

a. Appeal No. A-4-MAL-10-008 (Malibu Bay Company, Los Angeles Co.) Appeal by Deane Earl Ross from decision of City of Malibu granting permit to Malibu Bay Company for subdivision of a vacant 2.08-acre beachfront parcel into four parcels, at 30732 Pacific Coast Highway, City of Malibu, Los Angeles County. (DC-V) [NO SUBSTANTIAL ISSUE FOUND]

[Ex parte comminication disclosures have been appended to the staff report for item 20b below on April 11.]

b. Appeal No. A-4-STB-12-015 (Van Vliet, Santa Barbara Co.) Appeal by Margaret J. Dent, et. al. from decision of the County of Santa Barbara granting a coastal development permit for construction of three areas of first floor residential additions totaling 29 sq. ft., a 422 sq. ft. second floor residential addition, two areas of garage additions totaling 130 sq. ft., addition of 169 sq. ft., 9 ft. tall flat roofed carport, demolition of approx. 83 sq. ft. of existing residence, demolition and reconstruction of pool, construction of a new wall and entry gates, installation of new landscape and hardscape materials and 98 cu. yds. grading (72 cu. yds. cut and 26 cu. yds. fill) located at 1717 Fernald Point Lane, Montecito, Santa Barbara County. (AT-V) [NO SUBSTANTIAL ISSUE FOUND]

21. 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. 4-11-043 (City of Santa Barbara Parks and Recreation Department) Application of City of Santa Barbara Parks and Recreation Department for 5-year permit to implement annual desilting and vegetation management and enhancement program for purpose of flood control, mosquito abatement, and habitat enhancement, including one-time removal of 0.89 acres of marsh vegetation; annual maintenance of vegetation removal; 0.89 acres of habitat enhancement; and removal of approximately 339 cu.yds. of sediment and vegetation within concrete-lined channel at Andree Clark Bird Refuge, Santa Barbara, Santa Barbara County. (KB-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

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 onsent 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. 5-11-302 (City of Newport Beach Sunset Ridge Park) Application of City of Newport Beach for public park (Sunset Ridge Park) including: (1) active recreational amenities in form of playground and picnic area, youth baseball field, and two youth soccer fields; (2) passive recreational amenities in form of memorial garden, pedestrian paths, and an overlook area with shade structure and seating; (3) 1,300 sq.ft., one-story restroom and storage facility, with maximum height of 20-ft.; (4) landscaping/ planting plan, at 4850 West Coast Highway, Newport Beach, Orange County. (JDA-LB) [POSTPONED]

8:30 a.m.

FRIDAY, APRIL 13, 2012

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.

SOUTH COAST DISTRICT (Orange County)

5. 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]

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

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

a. City of Laguna Beach LCP Amendment No. LGB-MAJ-1-11 (Flood, Major Remodel & Sustainability). Public hearing and action on request by City of Laguna Beach to amend the Implementation Plan to allow development on nonconforming lots and additions to legal nonconforming structures without a variance; establish/clarify what constitutes a ‘major remodel’ and redefine the term ‘kitchen’; update the floodplain/hazards ordinance; change grading/construction material hauling hours, modify threshold for development requiring design review, modify design review noticing requirements, exempt elevator shafts from floor area calculation, update residential development guidelines, and revise City hedge height claim process. (MV-LB) [APPROVED]

b. City of Huntington Beach LCP Amendment No. HNB-MAJ-2-11 (Signs, Flooding, & Design Review). Time Extension. Public hearing and action to extend 60-day time limit for Commission action up to one year on a request by the City of Huntington Beach to amend the certified Implementation Plan of the City’s certified Local Coastal Program. The amendment requests to modify the certified the Implementation Plan by: making changes including changes to the sign ordinance; updating the flood ordinance; modifying the scope and composition of the Design Review Board; allow emergency shelters in industrial districts; making changes to the zoning map outside the coastal zone; and amending the definition of “kennel”. The amendment would apply throughout the City of Huntington Beach coastal zone. (MV-LB) [Time Extension APPROVED]

8. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 8a below on April 11.]

a. Appeal No. A-5-LGB-12-67 (Ratner, Laguna Beach) Appeal by Commissioners Brennan & Stone from decision of City of Laguna Beach granting permit with conditions to Bruce C. Ratner for substantial demolition, modifications and upper level addition to existing 6,135 sq. ft. residence and pool/spa on 8410 sq. ft. oceanfront lot, at 24 Lagunita Drive, Laguna Beach, Orange County. (JDA-LB) [NO SUBSTANTIAL ISSUE FOUND]

9. 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. 5-09-105 (Norberg Family Trust, Laguna Beach) Application of Norberg Family Trust for addition to single-story single family home consisting of 307 cu.yds. cut/fill grading to construct semi-subterranean, 860 sq.ft. new lower level within footprint of existing residence to include 2 bedrooms, 2 baths, family room plus 326 sq.ft. utility/storage room; addition of lower level paved patio with outdoor spa and shower, outdoor half spiral stair to access new lower level; repairs to 355 sq.ft. wood balcony deck; plus interior remodel of existing home, at 86 South La Senda (Three Arch Bay), Laguna Beach, Orange County. (LR-LB) [POSTPONED]

[An addendum has been appended to the staff report for item 9b below on April 11;
a second addendum was appended on April 12.]

b. Appeal No. A-5-DPT-05-306 (Safari, Dana Point) Application of Mehrdad Safari to construct 14,017 sq.ft., 2-story, single-family home, 9-car parking garage, 2 separate 1-story accessory buildings totaling 3,407 sq. feet, and landscape/hardscape on vacant 14.66 ac. lot; construction of retaining walls and grading to remediate landslides along Caribbean Drive and grading to prepare site for development consisting of 15,452 cu.yds. cut, 9,402 cu.yds. fill and 6,050 cu.yds. export to location outside of coastal zone; creation of on-site 700 sq.ft. wetland mitigation and native habitat due to grading, at 32354 Caribbean Drive, Dana Point, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

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. 5-07-163-A (Hammond, Laguna Beach) Request by Mark S Hammond for addition of 185 sq.ft. wood deck and gas fire feature at landward side of lot, construct wood and decomposed granite, at-grade patio in place of previously approved water feature at seaward side of home, and construct concrete stairs at northwest corner of site adjacent to home to accommodate fire access, at 58 N La Senda (Three Arch Bay), Laguna Beach, Orange County. (MV-LB) [WITHDRAWN]

[An addendum has been appended to the staff report for item 10b below on April 11.]

b. Permit No. 5-82-291-A4 (S.H.C. Laguna Niguel, L.L.C., Dana Point) Request by S.H.C. Laguna Niguel, L.L.C. for remodel and addition of Ritz-Carlton Hotel consisting of adding 29,796 sq.ft. meeting space; conversion of existing meeting space and infill areas into 24 new guest rooms and 2 new casitas, and enhancing hotel’s exterior hardscape, landscape, pool, and guestroom patio areas, at 1 Ritz Carlton Drive, Dana Point, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

 

Future Meetings: The next meetings of the Coastal Commission are May 9-11 in Marin County and June 13-15 in Huntington Beach.