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September 2012 Agenda

Caspar Community Center
15051 Caspar Road
Caspar, CA 95420

[See meeting map and directions.]

This has been updated at 10:45 a.m., Friday, September 14, 2012.

Please note: agenda items are subject to change.

9:00 A.M.

WEDNESDAY, September 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.

NORTH COAST DISTRICT

5. COASTAL PROGRAM 40TH ANNIVERSARY REPORT. Staff presentation on accomplishments and implementation of the Commission's program in the North Coast Region, focusing on Mendocino County. For information, contact the Commission's North Coast District at (707) 445-7833.

SOUTH COAST DISTRICT (Orange County)

6. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-301 (Lido Isle Community Association, Newport Beach) Application of Lido Isle Community Association to demolish 2,104 sq.ft. U-shaped floating dock and gangway; retain and modify existing pier to create new ADA compliant walkway; replace existing gangway; add second new ADA gangway along-side existing pier; and replace floating dock with new 2,690 sq.ft. U-shaped floating dock, supported by six 14” diameter support piles and five 18” diameter piles, at 701 Via Lido Soud, Newport Beach, Orange County. (LR-LB) [APPROVED]

b. Application No. 5-12-171 (Steiner, Huntington Beach) Application of Maureen Steiner to demolish cantilevered deck and replace with new 74-ft. long deck cantilevered 3 feet beyond bulkhead in same location, at 3281 Falkland Drive, Huntington Beach, Orange County. (JDA-LB) [APPROVED]

7. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-99 (Smissen, Seal Beach) Application of Patricia Smissen to construct new 3-story, 3,193 sq.ft. single-family home with 668 sq.ft. attached three car garage on vacant beach-front lot and grading of 355 cu.yds. of cut and fill and export to location outside of coastal zone, at 450 Ocean Ave, Seal Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-12-103 (Newport Beach Country Club & Fainbarg-Feuerstein Properties, Newport Beach) Application of Newport Beach Country Club & Fainbarg-Feuerstein Properties to demolish 23,460 sq.ft. golf course clubhouse, ancillary facilities and surface parking lot and construct new 69,088 sq.ft. facility including 2-story, 47-ft. tall clubhouse, detached golf cart garage, maintenance building, snack bar, starter shack, restrooms, hardscape improvements to existing surface parking lot, and new landscaping on 131.5 acre site, at 1600 E. Coast Highway, Newport Beach, Orange County. (LR-LB) [POSTPONED]

[Additional correspondence received has been appended to the staff report for item 7c below on September 10.]

c. Application No. 5-11-284 (Ruthie Whitacre Revocable Trust, Newport Beach) Application of Ruthie Whitacre Revocable Trust to add 2,305 sq.ft., second floor residential unit located over 2 existing commercial units. Remodel and add to existing 2-story residential unit located at rear of lot. Convert 2-car garage to 2-car carport and construct new 485 sq.ft., 2-car garage, resulting in 2 parking spaces for each residential unit for a total of four residential parking spaces. No grading is proposed and merge two existing lots into one lot, at 101 15th Ave., Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-12-200 (Rogers, Newport Beach) Application of Joe & Tina Rogers to demolish single-family home and construct new 2,610 sq.ft., 3-story single-family home with attached 441 sq.ft., 2-car garage, hardscape improvements, minimal planter landscaping, and request for after-the-fact approval of 8’x30’ concrete patio and 3-ft. tall patio perimeter wall within City’s oceanfront encroachment area on an oceanfront lot at 6908 Oceanfront Ave., Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

8. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-12-46 (MacLeod & Wohlford, Solana Beach) Application of Clay MacLeod & Elizabeth Wohlford to install 480 sq.ft. swimming pool and 49 sq.ft. attached spa in rear yard of existing 5,000 sq.ft. single family home on a 13,000 sq.ft. lot, at 202 Gibson Point, Solana Beach, San Diego County. (AL-SD) [APPROVED]

b. Application No. 6-12-48 (Banker, Solana Beach) Application of Marshall Banker to install 600 sq.ft. swimming pool and 64 sq.ft. attached spa in rear yard of existing 5,000 sq.ft. single family home on a 13,000 sq.ft. lot, at 204 Gibson Point, Solana Beach, San Diego County. (AL-SD) [APPROVED]

9. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-12-38 (Tillilie & Kalaska, San Diego) Application of Raymond Tillilie & Karan Kalaska to demolish single-story, 700 sq.ft. single-family home and construct a new 2,700 sq.ft., 3-story, duplex with roof deck, balcony decks, 3-car garage and one carport on a 2,400 sq.ft. lot, at 720 Santa Barbara Place, Mission Beach, San Diego, San Diego County. (AL-SD) [APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

10. 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]

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

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

a. City of Pacifica LCP Amendment No. PAC-1-12 (Growth Control Ordinance). Concurrence with the Executive Director’s determination that the request by City of Pacifica to extend the LCP’s existing Growth Control Ordinance for an additional five years, is minor. (KG-SC)  [APPROVED]

13. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-2-SON-11-037 (Bodega Bay Public Utilities District, Sonoma Co.) Appeal by Bodega Bay Concerned Citizens of County of Sonoma decision granting permit with conditions to Bodega Bay Public Utilities District for a 100-ft. deep municipal water well, transmission piping, and 80 sq.ft. chlorination facility, on Bay Flat Road in Bodega Bay, Sonoma County. (JM-SF) [NO SUBSTANTIAL ISSUE FOUND]

14. 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.

CENTRAL COAST DISTRICT

15. 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]

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

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

a. City of Pismo Beach LCP Amendment No. PSB-1-12 Part 1 (Amateur Radio Antennas). Concurrence with the Executive Director’s determination that the request by Pismo Beach to amend the LCP to provide standards for the configuration, design, height, maintenance, placement and review of amateur radio antennas, is minor. (SR-SC) [APPROVED]

b. Santa Cruz County LCP Amendment No. SCO-1-12 Part 1 (Nonconforming Regulations). Time Extension. Public hearing and action on extension of time limit to act on request by Santa Cruz County to amend the LCP to update regulations regarding nonconforming uses and structures. (SC-SC) [APPROVED]

18. NEW APPEALS. See AGENDA CATEGORIES.

19. COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIES. Attention: Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.

SOUTH COAST DISTRICT (Orange County)

20. 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]

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

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

a. Laguna Beach LCP Amendment No. LGB-MAJ-2-11A. Public hearing and action on request by the City of Laguna Beach to amend the Implementation Plan to modify the hedge height claim process, and requirements related to offsite parking and compact vehicle, motorcycle and bike parking. (KFS-LB) [APPROVED]

[An addendum has been appended to the staff report for item 22b below on September 10.]

b. Laguna Beach LCP Amendment No. LGB-MAJ-2-11B. Public hearing and action on request by the City of Laguna Beach to amend the Implementation Plan to identify the zones in which residential care facilities and residential housing for people with special needs are allowed to operate, to revise definitions of certain terms in the zoning code, and to eliminate short term lodging as an allowable use in the South Laguna Village zone. (KFS-LB) [APPROVED WITH MODIFICATIONS]

23. NEW APPEALS. See AGENDA CATEGORIES.

24. 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.

SAN DIEGO DISTRICT

25. DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's San Diego office at (619) 767-2370.[APPROVED]

a. San Diego LCP Amendment De Minimis 2-12 (Successor Agency). Concurrence with Executive Director’s determination that the request by City of San Diego to amend the Planned District Ordinances (PDO) for Barrio Logan, Centre City and Marina planning areas to identify an appropriate decisionmaker to replace the Redevelopment Agency as the land use permitting authority is de minimis. (DNL-SD) [APPROVED]

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

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

a. Encinitas LCP Amendment No. 1-11A (Historic Viewsheds) and B (Downtown Encinitas Specific Plan On-Street Parking). Public hearing and action on request by the City of Encinitas to amend the certified land use and implementation plans to allow the creation of historic viewsheds within scenic overlay areas and identify the first historic viewshed, as well as amend the Downtown Encinitas Specific Plan/IP to modify on-street parking options along First and Second Streets. (DNL-SD) [APPROVED]

28. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-6-OCN-12-54 (Revx Pacific North, LLC, Oceanside) Appeal by Beachin, LLC c/o Transcontinental Management from decision of City of Oceanside granting permit with conditions to Revx Pacific North, LLC for conversion of existing 9 bedroom, 9 bathroom single family home into two units (duplex) and adding 1,409 sq.ft. of habitable space by enclosing part of open deck area on second level and adding a new third level, located south of The Strand, at 811 South Pacific St., Oceanside, San Diego County. (TR-SD) [POSTPONED]

b. Appeal No. A-6-OCN-12-55 (Evergreen Hebron, L.P., Oceanside) Appeal by Beachin, LLC c/o Transcontinental Management from decision of City of Oceanside granting permit with conditions to Evergreen Hebron, L.P. for conversion of existing 9 bedroom, 9 bathroom single family home into two units (duplex) and adding 1,409 sq.ft. of habitable space by enclosing part of open deck area on second level and adding a new third level, located south of The Strand, at 813 South Pacific St., Oceanside, San Diego County. (TR-SD) [POSTPONED]

c. Appeal No. A-6-OCN-12-56 (Revx Pacific South, LLC, Oceanside) Appeal by Beachin, LLC c/o Transcontinental Management from decision of City of Oceanside granting permit with conditions to Revx Pacific South, LLC for conversion of existing 9 bedroom, 9 bathroom single family home into two units (duplex) and adding 1,409 sq.ft. of habitable space by enclosing part of open deck area on second level and adding a new third level, located south of The Strand, at 815 South Pacific St., Oceanside, San Diego County. (TR-SD) [POSTPONED]

29. 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 29a below on September 11.]

a. Application No. 6-12-3 (Carlsbad Sewer Lift Station/Bridge Replacement) Application of City of Carlsbad Public Works/Engineering Dept. to demolish lift station, sewer line and support bridge, and install new sewer trunk line (3,960-ft. long force main and 8,420-ft. long gravity sewer line), sewer lift station, and sewer support bridge (140-ft. steel span bridge) located west of railroad right-of-way and adjacent to and crossing Agua Hedionda Lagoon, Carlsbad, San Diego County. (TR-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

CLOSED SESSION

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

Ackerberg et al. v. CCC (Access for All et al., RPI), Govt. Code, section 11126(e)(2)(A)
Allen v. Radosevich, Govt. Code, section 11126(e)(2)(A)
CCC v. Allen, Govt. Code, section 11126(e)(2)(A)
CCC v. Witter et al., Govt. Code, section 11126(e)(2)(A)
City of Carlsbad v. Energy Resources Development & Conservation Comm. (CCC et al., RPI), Govt. Code, section 11126(e)(2)(A)
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI), Govt. Code, section 11126(e)(2)(A)
City of Los Angeles v. CCC, Govt. Code, section 11126(e)(2)(A)
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPI), 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)
North Pacifica LLC v. CCC, Govt. Code, section 11126(e)(2)(A)
SDS Family Trust v. CCC, Govt. Code, section 11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California, Govt. Code, section 11126(e)(2)(A)
Shea Homes LP v. CCC, Govt. Code, section 11126(e)(2)(A)
Westbridge Capital LLC 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

30. APPROVAL OF MINUTES. [APPROVED]

31. COMMISSIONERS' REPORTS.

32. CONSERVANCY REPORT.

33. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

34. SANTA MONICA BAY RESTORATION REPORT.

35. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Legislation. Legislative report and possible Commission action. (CL/SC-SF)

b. Audio and Video Streaming Services Contract for Commission Meetings. Commission authorization for Executive Director to enter into a contract for audio-visual services and web streaming broadcast of Commission meetings. (SH-SF) [POSTPONED]

COMMISSION FIELD TRIP. The Commission will take a field trip starting at the conclusion of the meeting on Wednesday, September 12, to visit various points of the coastal zone from the Caspar area south to the Town of Mendocino and on to the southern Mendocino coast. The field trip will commence from the parking lot of the Caspar Community Center at 15051 Caspar Road. Several stops will be made. Members of the public are invited to attend by following in their private vehicles and joining the Commission at designated stops. A more detailed itinerary will be available at a later date. For more information, please call the Commission’s North Coast District office in Eureka at (707) 445-7833. [See the itinerary.]

RECEPTION

RECEPTION. At the conclusion of the Commission field trip on Wednesday, September 12, or at 5:30 p.m., whichever is later, the Commission will attend a reception hosted by the Mendocino Coast Botanical Gardens, Noyo Headlands Unified Design Group, Sierra Club, Mendocino Group, and Coastal Land Trust.  Members of the public are welcome to attend.  Space is limited.  To RSVP, contact the Botanical Gardens at (707)964-4352  ext. 28 for more details.

9:00 a.m.

THURSDAY, SEPTEMBER 13, 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 (Los Angeles County)

5. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

6. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-57 (City of Long Beach Water Department) Application of City of Long Beach Water Dept. to install anodes to protect existing water lines, in three locations (one underground and two underwater), at Naples Canal, Alamitos Bay entrance and 2nd Street & Shopkeeper Rd., Long Beach, Los Angeles County. (CP-LB) [APPROVED]

b. Application No. 5-12-208 (229 Linnie Canal LLC, Los Angeles) Application of 229 Linnie Canal LLC, to demolish 1-story, 928 sq.ft. single-family home and detached garage on canal fronting lot, and construct 3-story, 30-ft. high, 3,631 sq.ft. single-family home with attached 2-car garage, at 229 Linnie Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED]

ENFORCEMENT

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

[Items 7.1 and 7.2 below share a single, combined staff report;
an addendum has been linked from it on September 11.]

7.1. Consent Cease and Desist Order No. CCC-12-CD-04 (Linder, Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Consent Cease and Desist Order authorizing and ordering Eric and Barbara Linder to: (1) cease and desist from maintaining existing unpermitted development and/or engaging in any further unpermitted development, including, but not limited to: removal of major vegetation; development within a deed-restricted area inconsistent with Coastal Development Permit (CDP) 5-85-057 including retaining/gabion walls; side-cast material; hardscaping, planters, non-native plants; wooden retaining structures; additions to a pre-existing path/trail including concrete stairs; irrigation equipment; horse corral with altered, flattened areas; fences; drainage devices; and (2) to undertake measures necessary to comply with the Coastal Act. Eric and Barbara Linder shall remove unpermitted development and development inconsistent with CDP 5-85-057, among other things, on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Numbers (APN) 4473-020-018, 4473-020-017, and County-owned 4473-020-903. The proposed Consent Order also includes provisions for resolving claims for injunctive relief and civil liability for undertaking development in violation of the Coastal Act. (RTA-SF) [APPROVED]

7.2. Consent Restoration Order No. CCC-12-RO-04 (Linder, Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Consent Restoration Order authorizing and ordering Eric and Barbara Linder to: (1) remove unpermitted development including but not limited to: development within a deed-restricted area inconsistent Coastal Development Permit (CDP) 5-85-057 including retaining/gabion walls; side-cast material; hardscaping, planters, and non-native plants; wooden retaining structures; additions to a pre-existing path/trail including concrete stairs; irrigation equipment; horse corral with altered, flattened areas; fences; drainage devices; and (2) to undertake measures for restoration of those areas affected by the unpermitted development on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Numbers (APN) 4473-020-018, 4473-020-017, and County-owned 4473-020-903.  The proposed Restoration Order also includes provisions for resolving claims for injunctive relief and civil liability for undertaking development in violation of the Coastal Act. (RTA-SF) [APPROVED]

[Items 7.3 and 7.4 below share a single, combined staff report;
an addendum has been linked from it on September 10.]

7.3. Consent Cease and Desist Order No. CCC-12-CD-10 (Shea Homes Limited Partnership – Huntington Beach, Orange Co.) Public hearing and Commission action on proposed Consent Cease and Desist Order directing Shea Homes Limited Partnership to 1) stop conducting any further unpermitted development on properties located at 17301 Graham Street, Huntington Beach; Orange County Assessor Parcel Numbers 110-016-19, 110-016-20, and 110-016-23; 2) stop maintaining existing unpermitted development, and any associated results thereof, on the properties; 3) create, restore, and/or enhance wetlands on the properties; and 4) and pay to fund additional wetland restoration in coastal Orange County. (AJW-LB) [APPROVED]

7.4. Consent Restoration Order No. CCC-12-RO-10 (Shea Homes Limited Partnership – Huntington Beach, Orange Co.) Public hearing and Commission action on proposed Consent Restoration Order directing Shea Homes Limited Partnership to address unpermitted development consisting of grading resulting in wetland fill on properties located at 17301 Graham Street, Huntington Beach; Orange County Assessor Parcel Numbers 110-016-19, 110-016-20, and 110-016-23, through restorative actions including 1) desisting from conducting any further unpermitted development on the properties; 2) desisting from maintaining existing unpermitted development, and any associated results thereof, on the properties; 3) creating, restoring, and/or enhancing wetlands on the properties; and 4) and paying to fund additional wetland restoration in coastal Orange County. (AJW-LB) [APPROVED]

SOUTH COAST DISTRICT (Los Angeles County)

8. 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]

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

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

11. NEW APPEALS. See AGENDA CATEGORIES.

12. 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. 5-12-139 (Verizon Wireless, Pacific Palisades) Application of Verizon Wireless for new 24-ft. high steel monopole with radome on top, and utility cabinet near base, for cellular communications, at 1451 Palisades Dr, Pacific Palisades, Los Angeles County. (AP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

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

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

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

a. City of Port Hueneme LCP Amendment No. MAJ-1-12 (Housing, Density Bonus, and Reasonable Accommodations). Public hearing and action on request by the City of Port Hueneme to amend the zoning ordinance component of its certified Local Coastal Program to amend standards related to housing, density bonus provisions, and reasonable accommodation provisions, City of Port Hueneme. (AG-V) [APPROVED]

b. County of Ventura LCP Amendment No. MAJ-2-12 (Time Extension). Public hearing and action to extend the time limit for action for one year on the County of Ventura’s request to amend its certified Coastal Zoning Ordinance with numerous updates, land use clarifications, spelling and grammar corrections, permit processing procedures, and address regulatory topics including exemptions and reasonable accommodation provisions for disabled persons. (SG-V) [APPROVED]

16. NEW APPEALS. See AGENDA CATEGORIES.

17. 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. 4-11-049 (Lowry, Los Angeles Co.) Application of Kelly and McKenzie Lowry for slope reconstruction consisting of 58.5 cu.yds. of new grading (1.5 cu.yds cut and 57 cu.yds. fill) and request for after-the-fact approval of 36 cu.yds. of cut and 46 cu.yds. of fill to remediate unpermitted grading on descending slope adjacent to existing home; remove unpermitted temporary wooden framing within excavated slope area; reinforce 30 sq.ft. wooden deck, and remove and replace 42 sq.ft. concrete slab between existing home and slope restoration area, located at 20006 Valley View Dr., Topanga, Los Angeles County. (AG-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

18. 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.

[Items 18a and 18b below share a single, combined staff report;
an addendum has been linked from it on September 10.]

a. Application No. 4-00-057-A3 (Morton, Malibu) Application of Peter Morton to amend permit to modify Special Condition 12 (Public View Corridor) to delete requirement for 20 percent of width of site to be maintained as a view corridor, and substitute requirement for dedication in fee of an off-site view corridor parcel at 22310 Pacific Coast Highway, Malibu, Los Angeles County. (DV-V) [APPROVED WITH CONDITIONS]

b. Application No. 4-01-100-A4 (Morton, Malibu) Application of Peter Morton to amend permit to modify Special Condition 6 (Public View Corridor) to delete requirement for 20 percent of width of site to be maintained as a view corridor, and substitute requirement for dedication in fee of an off-site view corridor parcel at 22258 Pacific Coast Highway, Malibu, Los Angeles County. (DV-V) [APPROVED WITH CONDITIONS]

NORTH COAST DISTRICT

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

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

21. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-1-DNC-12-021 (Elk Valley Rancheria, Del Norte Co.) Appeal by Commissioners Stone & Sanchez, and by Friends of Del Norte from decision of County of Del Norte granting coastal grading permit with conditions to Elk Valley Rancheria for reconstruction of and improvement to Humboldt Rd. from U.S. Hwy 101 to approximately 300 feet south of Roy Ave. by adding multi-use trail, paved shoulders, and round-about at intersection of Humboldt Rd. and Sand Mine Rd., located in Crescent City, Del Norte County. (MBK-E) [SUBSTANTIAL ISSUE FOUND, TO CONTINUE]

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. Appeal No. A-1-MEN-09-34 (Marr & Malin, Mendocino Co.) Appeal by Albion Residents Association & Sierra Club from decision of County of Mendocino granting permit with conditions to Michael Marr & Judith Malin to construct 2,524 sq.ft., 21-ft. high single-family home with 634 sq.ft. attached garage, 329 sq. feet of covered porches and 24-ft. high detached accessory structure, which includes 1,516 sq.ft. garage/workshop, 501 sq.ft. guest cottage and 121 sq.ft. covered porch, upgrade existing encroachment onto Hwy One, construct 900-ft. long driveway, install construct trailer, install septic disposal system, drill water well and install water storage tank, at 2800 Highway One, Albion, Mendocino County. (TG-E) [POSTPONED]

b. Appeal No. A-1-MEN-10-015 (Bethel & Hupp, Mendocino Co.) Appeal by Commissioners Shallenberger & Bloom from decision of County of Mendocino granting permit amendment with conditions to Barbara Bethel & John Hupp to modify permit granted for development of residence to substitute adding guest bedroom for previously approved guest cottage, alter approved building footprint and increase total development from 4,229 sq.ft. to 4,563 sq.ft., add additional windows, and authorize temporary occupancy of travel trailer during construction, at 9490 North Highway One, Mendocino, Mendocino County. (TG-E) [POSTPONED]

c. Application No. 1-12-14 (Berry & Evans, Humboldt Co.) Application of Glen Berry & Cheri Evans to replace retaining wall, exterior walkway & stairs, at 98 Rayipa Lane, Trinidad, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

STATEWIDE

Georgia Pacific LLC requires all who are attending the field trip during the first stop at the Georgia Pacific mill site in Fort Bragg to sign the Release and Waiver of Liability form.  To expedite the completion and submittal of forms and to avoid delaying the start of the field trip, participants in the field trip are encouraged to (a) either download the  waiver form here [in Microsoft Word or PDF] or pick up a copy at the Commission meeting, (b) complete the form, and (c) bring the form with them to the field trip where it will be collected at the entrance to the Georgia Pacific mill site.  Additional copies of the form will be available at the site for those who cannot download the form or obtain one at the Commission meeting.  The Commission appreciates your cooperation.

COMMISSION FIELD TRIP. The Commission will take a field trip starting at 2:30 p.m. or at the conclusion of the meeting, whichever is later, on Thursday, September 13, to visit the former Georgia Pacific mill site in Fort Bragg and various points of the coastal zone from Fort Bragg to the northern Mendocino coast. The field trip will commence from the entrance to the Georgia Pacific mill site at the western end of Cypress Street, west of Highway One, in Fort Bragg. Several stops will be made. Members of the public are invited to attend by following in their private vehicles and joining the Commission at designated stops. A more detailed itinerary will be available at a later date. For more information, please call the Commission’s North Coast District office in Eureka at (707) 445-7833.  [See the itinerary.]

RECEPTION

RECEPTION. At the conclusion of the Commission field trip on Thursday 13, or at 6:00 p.m., whichever is later, the Commission will attend a reception hosted by the City of Fort Bragg, Congressman Mike Thompson, and Assemblymember Wes Chesbro at the historic Guest House Museum at 343 North Main Street, Fort Bragg. Members of the public are welcome to attend.

9:00 a.m.

FRIDAY, SEPTEMBER 14, 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.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

5. 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]

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

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.

8. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-031-12 (Manchester Band of Pomo Indians of the Manchester-Point Arena Rancheria, Mendocino Co.) Consistency determination by Manchester Band of Pomo Indians of the Manchester-Point Arena Rancheria, on behalf of the U.S. Dept. of Housing and Urban Development (HUD), for 12 units of senior housing and associated improvements, at Windy Hollow Road and Mamie Laiwa Road on Manchester-Point Arena Rancheria, south of Garcia River, north of Point Arena, Mendocino County. (JM-SF) [POSTPONED]

NORTH COAST DISTRICT

9. DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's Eureka office at (707) 445-7833. [APPROVED]

a. City of Fort Bragg Specific Plan. Briefing by Commission staff, City of Fort Bragg staff, and Georgia Pacific officials on the City of Fort Bragg’s Specific Plan process for reuse of 400-acre Georgia Pacific mill site, west of Highway One, adjacent to downtown Fort Bragg, Mendocino County. (RSM-E)

 

Future Meetings: The next meetings of the Coastal Commission are October 10-12, in San Diego County and November 14-16, in Los Angeles County .