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August 2009 Agenda
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This has been posted at 2:45 p.m., Friday, August 14, 2009.
8:00 a.m.
WEDNESDAY, AUGUST 12, 2009
1. CALL TO ORDER.
2. ROLL CALL.
|
Materials for LCP Workshop |
STATEWIDE
3. Public Workshop: Improving the Local Coastal Planning Process. Local Government Officials and Coastal Commissioners will discuss Improving the Local Coastal Planning Process. The workshop will be a moderated, public discussion and exchange of ideas about how to improve communication and make the LCP process more effective, predictable and efficient for all stakeholders. Public Comments will be included in the workshop. Agenda and background material for the workshop will be available on the Commission’s website. (CL/LF-SF)
GENERAL PUBLIC COMMENT. Public comments will be heard at the conclusion of the workshop and before the lunch break.
Workshop runs from
8:00 a.m. to 12:00 p.m.
Central Coast items
will begin after the lunch break.
CENTRAL COAST DISTRICT
4. 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.
5. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
6. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. (MW-SC) [APPROVED]
b. San Luis Obispo County LCP Amendment No. SLO-MAJ-1-08 (Agricultural Property Subdivision - Minimum Parcel Size and Clustering). Public hearing and action on request by San Luis Obispo County to amend LCP Section 23.04.024 regarding minimum parcel sizes in the Agriculture land use category and to add LCP Sections 23.04.037 and 23.04.038 regarding clustering with subdivisions in the LCP’s Agriculture and Rural Lands land use categories. (JB-SC) [CONTINUED]
c. San Luis Obispo County LCP Amendment No. SLO-2-09 Part 1 (Mobilehome Park Closures). Time Extension Only. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to amend LCP provisions related to mobilehome park closures. (JB-SC) [APPROVED]
d. San Luis Obispo County LCP Amendment No. SLO-2-09 Part 2 (Inclusionary Housing). Time Extension Only. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to amend LCP provisions related to inclusionary housing. (JB-SC) [APPROVED]
e. Santa Cruz County LCP Amendment No. SCO-MAJ-1-09 Part 3 (Family Childcare). Public hearing and action on request by Santa Cruz County to amend the certified LCP implementation plan to: 1) allow small family childcare in all LCP zoning districts that allow residential use; and 2) “clean up” miscellaneous implementation plan sections. (SC-SC) [APPROVED, as submitted]
f. Santa Cruz County LCP Amendment No. SCO-2-09 Part 2 (PUD). Concurrence with Executive Director's determination that proposed modifications to the Santa Cruz County certified LCP to extend the use of Planned Unit Developments (PUDs) to mixed-use and commercial projects, and to revise wording to provide more clarity and reduce duplicative language in PUD standards, are de minimis. (SC-SC) [APPROVED]
7. NEW APPEALS. See AGENDA CATEGORIES.
a. Appeal No. A-3-MCO-07-004 (Burke, Big Sur) Appeal by Commissioners Wan and Caldwell of Monterey County decision granting permit with conditions to Timothy and Dana Burke for lot line adjustment to reconfigure three undeveloped parcels to result in three lots of approximately 7 acres, 8 acres, and 40 acres south of Twin Peaks and west of Ventana Wilderness in the Los Padres National Forest near Palo Colorado Road in the Big Sur area of Monterey County. (KM-SC) [POSTPONED]
b. Appeal No. A-3-SLO-07-035 (Stolo, Cambria) Appeal by Commissioners Kruer and Shallenberger, KirstenFiscalini, Landwatch San Luis Obispo County, and Greenspace-The Cambria Land Trust of San Luis Obispo County decision granting permit with conditions to Don and Charlene Stolo to allow phased development of winery, tasting facility, and related development at 3770 Santa Rosa Creek Road (approximately 1.5 miles east of Main Street) in Cambria, San Luis Obispo County. (JB-SC) [POSTPONED]
8. 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. A-3-CAP-99-023-A1 (Swan and Green Valley Corporation, Capitola) Request by Richard and Nancy Swan and the Green Valley Corporation to amend permit to eliminate the existing condition prohibiting future shoreline armoring (that applies to the Green Valley Corporation property) and to construct an approximately 115-foot section of contoured concrete seawall fronting that Green Valley Corporation property and adjacent to existing seawall on adjacent property (on the Swan property) on beach and bluffs fronting 4840 and 4850 Cliff Drive in Capitola, Santa Cruz County. (SC-SC) [POSTPONED]
9. DISPUTE RESOLUTION.
a. Procedures 3-09-015-EDD (DeCicco, San Luis Obispo County). Public hearing and Commission determination of appropriate coastal permit processing (pursuant to California Code of Regulations, Title 14, Section 13569) associated with application of Frank DeCicco for mixed use development (consisting of four residential condominium units; 17-unit motel; two commercial lease spaces; common area decks/courtyard; and subterranean parking) at North Ocean Avenue and Old Creek Road in the Cayucos area of San Luis Obispo County. (JB-SC) [APPROVED]
ENFORCEMENT
10. ENFORCEMENT REPORT. Report by Chief of Enforcement on Statewide Enforcement Program. (LAH-SF)
[Items 11, 12, and 13 below share a single, combined staff report.]
[An addendum has been appended to the combined staff report for items 11 and 12.]
11. Commission Cease and Desist Order No. CCC-09-CD-04 (DaSilva, Monte Nido, Los Angeles Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Bob and Sherry DaSilva, trustees of the Bob and Sherry L. DaSilva Family Trust, the property owner, to cease and desist from engaging in any further unpermitted development on the property, including maintaining existing unpermitted development, and to remove all unpermitted development including, but not limited to, a horse corral with a stable, tackroom, and wooden fencing, a rock retaining wall and pathway, and a cement drainage culvert with a metal grate, all of which was placed within and adjacent to environmentally-sensitive riparian and oak woodlands/savannah habitat; at 975 Cold Canyon Road, Calabasas, Los Angeles County, Assessor’s Parcel Number 4456-039-007. (MTS/NC-SF) [APPROVED]
12. Commission Restoration Order No. CCC-09-RO-03 (DaSilva, Monte Nido, Los Angeles Co.) Public hearing and Commission action on proposed Restoration Order directing Bob and Sherry DaSilva, trustees of the Bob and Sherry L. DaSilva Family Trust, the property owner, to address removal of the unpermitted development, including, but not limited to, a horse corral with a stable, tackroom, and wooden fencing, a rock retaining wall and pathway, and a cement drainage culvert with a metal grate, on the property; and restoration of a riparian and oak woodlands/savannah plant community native to the Santa Monica Mountains in the area impacted by unpermitted development; at 975 Cold Canyon Road, Calabasas, Los Angeles County, Assessor’s Parcel Number 4456-039-007. (MTS/NC-SF) [APPROVED]
13. Commission Notice of Violation No. CCC-09-NOV-04 (DaSilva, Monte Nido, Los Angeles Co.) Public hearing and Commission action on proposed recordation of a Notice of Violation identifying that unpermitted development, including, but not limited to, a horse corral with a stable, tackroom, and wooden fencing, a rock retaining wall and pathway, and a cement drainage culvert with a metal grate, has occurred on property owned by Bob and Sherry DaSilva, trustees of the Bob and Sherry L. DaSilva Family Trust; at 975 Cold Canyon Road, Calabasas, Los Angeles County, Assessor’s Parcel Number 4456-039-007. (MTS/NC-SF) [WITHDRAWN]
14. Commission Cease and Desist Order No. CCC-09-CD-05 (Brown, City of Encinitas) Public hearing and Commission action on proposed Cease and Desist Order directing J. Mike and Patricia Brown, owners of property located at 836-838 Neptune Avenue in the City of Encinitas, San Diego County (APN 254-011-17), and their agents and successors to cease and desist from conducting or maintaining further unpermitted development at or seaward of the aforementioned property and to take other steps to address existing violations, which violations include, but are not limited to: 1) Maintaining unpermitted development, including, but not limited to, grading of bluff slope, placement of gravel on bluff face, and construction of a blufftop deck; 2) Failure to obtain follow-up regular coastal development permits to authorize temporary emergency work (including grading and construction of a 27 ft. high, 100 ft. long seawall and a rock revetment consisting of ˝ ton to 2-ton quarry stone) as permanent development, as required by Emergency Permits; and 3) Construction of bluff stabilization devices not in accordance with Emergency Permits. (HJ/NC – SF) [POSTPONED]
15. Commission Notice of Violation No. CCC-09-NOV-05 (Brown, City of Encinitas) Public Hearing and Commission action on existence of a violation of the Coastal Act, which, if found, will result in recordation of a Notice of Violation identifying that unpermitted development -- including but not limited to, 1) placement of gravel on the face of a bluff, 2) the grading of the bluff, 3) construction of a bluff top deck, and 4) maintaining temporarily authorized emergency work including, but not limited to, a rock revetment, bluff-slope grading, and a 27-foot high seawall, without authorization and without complying with the terms of the emergency permits – has occurred on property owned by J. Mike and Patricia Brown at, and seaward of 836-838 Neptune Ave (APN 254-011-17), City of Encinitas, San Diego County. (HJ/NC –SF) [POSTPONED]
NORTH CENTRAL COAST DISTRICT
16. DEPUTY DIRECTOR’S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission’s San Francisco office at (415) 904-5260.
17. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
18. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. City of Pacifica LCP Amendment No. PAC-MAJ-1-08 (270 Rockaway). Concurrence with the Executive Director’s determination that the action by City of Pacifica, accepting certification of LCPA No. PAC-MAJ-1-08 with suggested modifications is legally adequate. (DM-SF) [APPROVED]
b. City of Half Moon Bay LCP Amendment No. HMB-MAJ-2-05 Parts A & B (HMB - Measure D). Concurrence with the Executive Director’s determination that the action by City of Half Moon Bay, accepting certification of LCPA No. HMB-MAJ-2-05 Parts A & B with suggested modifications is legally adequate. (DM-SF) [APPROVED]
19. NEW APPEALS. See AGENDA CATEGORIES.
[An addendum, in three sections, has been added for the staff report for item 19a below on August 12.]
a. Appeal No. A-2-MAR-09-010 (Crosby). Appeal by Dr. Edward J. Hyman, Dr. Deborah A. McDonald, & Brenda & Richard Kohn of decision by County of Marin granting permit with conditions to Timothy Crosby for construction of 1,589 sq. ft. addition to a 2,058 sq.ft. single-family home on 1.03-acre lot, at 9 Ahab Drive, Muir Beach, Marin County. (DM-SF) [NO SUBSTANTIAL ISSUE FOUND]
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:
Access for All v. Ackerberg Govt. Code § 11126(e)(2)(C).
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code § 11126(e)(2)(A)
City of Oxnard et al. v. CCC (Southern California Edison, RPI) Govt. Code § 11126(e)(2)(A)
Coastal Law Enforcement Action Network v. CCC (Signal Landmark, RPI) Govt. Code § 11126(e)(2)(A)
Coastal Law Enforcement Action Network v. CCC (Malibu Valley Farms, RPI) Govt. Code § 11126(e)(2)(A)
Farr v. CCC (Doyle, RPI) Govt. Code § 11126(e)(2)(A)
Habitat for Hollywood Beach v. CCC (County of Ventura, RPI) Govt. Code § 11126(e)(2)(A)
Manchester Pacific Gateway LLC v. CCC Govt. Code § 11126(e)(2)(A)
McAllister v. CCC (Laube et al., RPI) Govt. Code § 11126(e)(2)(A)
O’Sullivan v. City of San Diego Govt. Code § 11126(e)(2)(C).
Richard J. Livoni Second Family Limited Partnership v CCC et al. Govt. Code § 11126(e)(2)(A)
Schreck v. CCC et al. (Collins et al., RPI) Govt. Code § 11126(e)(2)(A)
Surfrider et al. v. CCC (Poseidon Resources (Channelside), LLC, et al. RPIs) Govt. Code § 11126(e)(2)(A)
Yandow v. CCC Govt. Code § 11126(e)(2)(A)
Porter et al. v. County of Santa Cruz, CCC et al. 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).
20. APPROVAL OF MINUTES.
21. COMMISSIONERS' REPORTS.
22. CONSERVANCY REPORT.
23. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.
24. DEPUTY ATTORNEY GENERAL'S REPORT.
25. EXECUTIVE DIRECTOR’S REPORT including report and possible action on legislation and water quality.
a. Briefing and possible action regarding Commission’s FY08/09 budget. (SMH-SF)
b. Interagency Agreement. Approval of transfer of federal funds to San Francisco Bay Conservation and Development Commission for implementation of California Coastal Management Program for Fiscal Year 2009-2010. (SH/AM – SF) [APPROVED]
8:00 a.m.
THURSDAY, AUGUST 13, 2009
1. CALL TO ORDER.
2. ROLL CALL.
GENERAL PUBLIC COMMENT. Public comments will be heard at 8 a.m. for no more than 30 minutes. For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break. Agenda items will begin or resume after public comment.
NORTH COAST DISTRICT
3. 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.
a. Briefing on the City of Fort Bragg’s Specific Plan Process for reuse of the approximately 400-acre Georgia Pacific mill site, west of Highway One, adjacent to downtown Fort Bragg, Mendocino County.
4. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
5. NEW APPEALS. See AGENDA CATEGORIES.
a. Appeal No. A-1-MEN-09-23 (Wernette, Mendocino Co.) Appeal by Duane M. Hines & Richard & Judith Turnlund from decision of County of Mendocino granting permit with conditions to George & Jerri Wernette to construct a two-story single-family home with 1,950+- sq.ft. of living space and a 350+- sq.ft. attached garage. Install sewage pump tank and connect to off-site septic disposal services, connect to community water, install driveway, retaining walls, LPG tank, generator, on-site drainage infrastructure, and connect to utilities, at 38454 Robinson Reef Drive, Gualala, Mendocino County. (RSM-E) [POSTPONED]
b. Appeal No. A-1-MEN-09-29 (Mendocino Land Trust & Sandra J. Babcock Trust, Mendocino Co.) Appeal by Robert Calvert from decision of County of Mendocino granting permit with conditions to Mendocino Land Trust & Sandra J. Babcock Trust for Coastal Development Boundary Line Adjustment to adjust approximately 9 acres from a 14.8-acre parcel (Parcel 2) to a 3.2-acre parcel (Parcel 1) creating adjusted parcels of 5.8+- (Parcel 2) and 12.1+- acres (Parcel 1), at 1/2 mile south of Fort Bragg, along the south side of Highway 20 and across Highway 1 to beach, at 32961 CR#447A, Mendocino County. (RSM-E) [NO SUBSTANTIAL ISSUE FOUND]
6. 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. 1-08-10 (County of Humboldt Public Works Department, Humboldt Co.) Application of County of Humboldt Public Works Department to improve public boat launch ramp and parking area by: (1) expanding parking area on County of Humboldt-owned parcel (existing bathroom will be relocated to accommodate parking expansion); (2) creating new parking area on Harbor District-owned parcel north of ramp; (3) installing new lighting; (4) installing signage and traffic control measures; and (5) installing tsunami warning siren, at Railroad Avenue, Fields Landing, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]
[An addendum has been appended to the staff report for item 6b below on August 12th.]
b. Application No. 1-08-49 (Trinidad Rancheria, Trinidad) Application of Trinidad Rancheria to replace septic system, construct approximately 1,300 sq.ft. public restroom and 100 ft. long, 10 ft. high retaining wall, at Trinidad Harbor, 1 Bay Street, Trinidad, Humboldt County. (RSM-E) [APPROVED WITH CONDITIONS]
c. Application No. 1-09-5 (Eureka Ready Mix Concrete Company, Inc., Humboldt Co.) Application of Eureka Ready Mix Concrete Company, Inc. for proposed extraction of up to 150,000 cu.yds. of aggregate annually from exposed gravel bars of Eel River at Singley Bar, downstream of Fernbridge crossing, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]
d. Application No. 1-09-6 (Eureka Ready Mix Concrete Company, Inc., Humboldt Co. ) Application of Eureka Ready Mix Concrete Company, Inc. for proposed extraction of up to 150,000 cu.yds. of aggregate annually from exposed gravel bars of Eel River, at Hauck Bar, off of Fowler Lane, near Fortuna, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]
e. Application No. 1-09-11 (Hansen, Humboldt Co.) Application of Charles F. Hansen for proposed extraction of up to 50,000 cu.yds. of aggregate annually for period of five years from exposed gravel bar of Eel River, at Hansen Bar (river mile 13.5), near 2404 Sandy Prairie Road, Fortuna, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]
f. Application No. 1-09-22 (Mercer-Fraser Company, Humboldt Co.) Application of Mercer-Fraser Company for (1) proposed extraction of up to 70,000 cu.yds. of sand and gravel annually for five years from river bars located at Plant A, just south of the City of Fortuna sewage treatment plant; (2) proposed extraction of up to 200,000 cu.yds. of sand and gravel annually for five years from river bars located at Plant B, just north of the City of Fortuna sewage treatment plant; and (3) installation and removal of up to two seasonal summer crossings (railroad flatcar bridges) at both Plants over the low flow channel, located on Sandy Prairie landform on Lower Eel River at river miles 10-11 (Plant B) and 11-12 (Plant A), near Fortuna, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]
7. 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. 1-06-36-A (City of Arcata Environmental Services Department, Humboldt Co.) Request by City of Arcata Environmental Services Department to modify permit granted for restoration of 240 acres of tidal marsh at McDaniel Slough to add 12 acres to proposed tidal marsh, expand brackish habitat, and enhance existing seasonal freshwater wetlands within open seasonal wetland pasture areas, at adjacent to Arcata Bay south of Samoa Boulevard, west of South I Street, and south and east of intersection of V Street and Old Samoa Road, Arcata, Humboldt County. (MBK-E) [APPROVED WITH CONDITIONS]
NORTH CENTRAL COAST DISTRICT
8. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. San Mateo County LCP Amendment No. SMC-MAJ-1-07 (San Mateo County Midcoast Update). Public hearing and action on request by San Mateo County to update San Mateo County's Land Use Plan (LUP) and Implementation Plan (IP) for the Urban Midcoast area. (RP-SF) [POSTPONED]
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. REVISED FINDINGS. See AGENDA CATEGORIES.
[An addendum has been appended to the staff report for item 10a below on August 12th.]
a. Appeal No. A-4-OXN-07-096 (Southern California Edison, Oxnard) Review and possible adoption of revised findings for permit with conditions to construct and operate a 45 megawatt “peaker” power plant, at 251 N. Harbor Blvd., Oxnard, Ventura County. (CLT-SF) [APPROVED]
11. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.
a. CD-035-09 (National Oceanic and Atmospheric Administration, La Jolla) Consistency Determination by National Oceanic and Atmospheric Administration for construction and operation of a new facility for the Southwest Fisheries Center at a 3.3 acre undeveloped parcel on the University of California San Diego/Scripps Institution of Oceanography campus. (KHH-SF). [APPROVED]
b. CC-043-09 (City of San Diego, San Diego) Consistency Certification by City of San Diego for secondary treatment waiver (i.e., Environmental Protection Agency (EPA) Reissuance, under Section 301(h) of the Clean Water Act, of a modified National Pollutant Discharge Elimination System (NPDES) Permit) for Point Loma Wastewater Treatment Plant Discharges offshore of San Diego, San Diego County. (MPD-SF) [DENIED]
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.
13.5 LOCAL COASTAL PROGRAMS (LCPs).
a. City of Santa Barbara LCP Amendment No. MAJ-1-09 (Santa Barbara Airport Rezone) Public hearing and action on City of Santa Barbara request to amend its LCP Implementation Plan by amending the Zoning Ordinance and map to change the zoning on 9.04 acres from A-A-O, S-D-3 (Airport Approach and Operations Zone, Coastal Zone Overlay) to A-F, S-D-3 (Aviation Facilities Zone, Coastal Zone Overlay) on the Santa Barbara Airport located at 1503-1601 Cecil Cook Place and 90 Dean Arnold Place, City of Santa Barbara, Santa Barbara County. (JJ-V) [APPROVED]
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.
[An addendum has been appended to the staff report for item 14a below on July 30.]
a. Application No. 4-08-20 (Stunt Road LLC, Los Angeles County) Application of Stunt Road LLC to construct two-story, three-level, 35 ft. high, 2,308 sq.ft. single family home and attached 707 sq.ft. three-car garage with septic system, retaining walls, and 1,120 cu.yds. of grading (200 cu.yds. cut, 920 cu.yds. of fill), at 20531 Medley Lane, Topanga, Los Angeles County. (ADB-V) [APPROVED WITH CONDITIONS]
b. Application No. 4-08-22 (Elliott, Los Angeles Co.) Application of Tom Elliott to construct 2-story, 28-ft. high, 4,413 sq. ft. single-family home with 1,129 sq. ft. attached garage, swimming pool, septic system, 300-ft. long driveway with hammerhead turnaround, retaining walls, perimeter fencing, and 2,560 cu. yds. of grading (1,293 cu.yds. cut, 1,267 cu.yds. fill) at 1522 Decker Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]
c. Application No. 4-08-84 (Santa Barbara Co.) Application by the Santa Barbara County Flood Control District to implement flood control projects, including (1) dredging sediment basins in Franklin and Santa Monica Creeks as needed with maximum 40,000 cu.yds. to be dredged in any one event and (2) opening of Carpinteria Salt Marsh mouth as-needed, Carpinteria Salt Marsh, Santa Barbara County. (AT-V) [APPROVED WITH CONDITIONS]
d. Application No. 4-08-135 (AT&T, Los Angeles Co.) Application of AT&T Mobility for after-the-fact approval of two panel antennas and one GPS antenna on 26 ft. high utility pole, and permanent unmanned ground-mounted wireless telecommunications facility, including 30 sq. ft. concrete pad, and 10 ft. long retaining wall, 16.25” x 48” x 17.25” power meter pedestal, 25 ft. long underground power meter conduit, stone paver steps, and revegetation near 33300 Mulholland Highway, 890 ft. west of Clark Ranch Road, Malibu, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS]
e. Application No. 4-09-13 (Mariposa Land Company, City of Malibu) Application of Mariposa Land Company for permanent placement of rock rip-rap revetment along approx. 500-ft. section of the west bank of lower Malibu Creek, in follow-up to Emergency Coastal Development Permit No. 4-98-024-G. The proposed project also includes revegetation of the revetment site, at 3728 Cross Creek Road, City of Malibu, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]
8:00 a.m.
FRIDAY, AUGUST 14, 2009
1. CALL TO ORDER.
2. ROLL CALL.
GENERAL PUBLIC COMMENT. Public comments will be heard at 8 a.m. for no more than 30 minutes. For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break. Agenda items will begin or resume after public comment.
SOUTH COAST DISTRICT (Los Angeles County)
3. CONSENT CALENDAR. See AGENDA CATEGORIES.
a. Application No. 5-09-51 (Prem Manjooran, Venice) Application of Prem Manjooran to demolish 1,302 sq.ft. duplex on 2,400 sq.ft. canal-fronting lot, and construct three-story, 30-ft. high, 2,058 sq.ft. single-family home with attached 418 sq.ft. garage, at 425 E. Carroll Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]
b. Application No. 5-09-81 (Joseph Casale & Liz A. Davidson, Playa Del Rey) Application of Joseph Casale & Liz A. Davidson to demolish single-family home and construct 37 ft. high, 6,866 sq.ft. single-family home, with attached three car garage, at 6209 Ocean Front Walk, Playa Del Rey, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]
SOUTH COAST DISTRICT (Orange County)
4. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.
a. Application No. 5-08-321 (Stephen Herman & Falkland Trust, Huntington Beach) Application of Stephen Herman & Falkland Trust to demolish boat dock and construct new “L” shaped boat dock, reusing existing gangway and adding second gangway at other end of dock. Two 14-in. diameter concrete piles are proposed to be re-used in place, and two new 14-in. diameter concrete piles are proposed to be added, at 3292 Falkland Circle, Huntington Beach, Orange County. (MV-LB) [APPROVED]
5. CONSENT CALENDAR. See AGENDA CATEGORIES.
a. Application No. 5-09-79 (1701 East Bay LLC, Newport Beach) Application of 1701 East Bay LLC to demolish bulkhead and construct new concrete bulkhead in same location comprised of 61-ft. long face and 17-18 ft. long return walls, with top elevation of bulkhead at +9.0 ft. MLLW, to protect single family home, at 1701 East Bay Avenue, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]
b. Application No. 5-09-102 (Mr. & Mrs. John K. O'Brien, Newport Beach) Application of Mr. & Mrs. John K. O'Brien to demolish one-story, single family home and construct 2,143 sq. ft., 29 ft. high, two-story single family home with attached 410 sq. ft. garage, roof deck, minimal grading for site preparation, hardscape improvements and minimal landscaping, no beachfront encroachments, at 3905 Seashore Drive, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]
SAN DIEGO DISTRICT
6. CONSENT CALENDAR. See AGENDA CATEGORIES.
a. Application No. 6-09-34 (Ready, San Diego) Application of John & Mary Ready to demolish 5-unit apartment building & construct new 30 ft. high, three-story 3-unit apartment building with six on-site parking spaces on 4,234 sq.ft. oceanfront lot, at 704 - 710 Devon Court, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]
b. Application No. 6-09-37 (UCSD, San Diego) Application of University of California, San Diego to construct Phase II of Rady Management School consisting of an approx. 90 ft. high, 82,016 sq. ft. building with classrooms, labs offices, & landscaping and removal of 57 parking spaces, at North Campus,north of Eleanor Roosevelt College and west of Ridge Walk, UCSD, La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]
SOUTH COAST DISTRICT (Los Angeles County)
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 Long Beach office at (562) 590-5071. [APPROVED]
8. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
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. 5-09-71 (City Of Long Beach, Department of Parks, Recreation, and Marine, Long Beach) Application of City Of Long Beach, Department Of Parks, Recreation, and Marine for Colorado Lagoon Restoration Project, which includes: 1) dredge and remove 32,500 cu.yds. of contaminated sediments, 2) re-contour lagoon banks, 3) divert storm drains, construct two bioswales, and install other water quality improvements, 4) clean tidal culvert between lagoon and Marine Stadium (with use of temporary cofferdams); 5) demolish northern paved parking lot, access road and restroom, 6) landscape park with native plants, 7) construct public access trails, and 8) construct observation pier with thirty piles, at 5119 E. Colorado Street, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]
SOUTH COAST DISTRICT (Orange County)
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 Long Beach office at (562) 590-5071. [APPROVED]
11. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
12. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.
a. City Of Laguna Beach LCP Amendment No. LGB-MAJ-2-9 (Biological Resources Policies and Maps). Time Extension. Public hearing and action to extend 90-day time limit to act on the City of Laguna Beach's request to revise and update Topics 8 (Vegetation and Wildlife Resources) and 9 (Watersheds and Watercourses) of the Open Space/Conservation Element portion of Local Coastal Program (LCP) land use plan by adding to the Biological Resource Value Map, and Major Watersheds and Drainages Courses Map, and related text to include the South Laguna and Laguna Canyon Annexation Areas. The amendment also proposes reorganization of Topic 8 policies in addition to new policy language. The addition of new topic, Topic 15 (Constraint Mapping), is also proposed. (KFS-LB) [APPROVED]
13. 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. 5-09-106 (Richard J. Livoni Second Family Limited Partnership, Newport Beach) Application of Richard J. Livoni Second Family Limited Partnership to remove unpermitted retaining walls and beach access stairway from bluff face, regrade lower bluff to natural contours, extend lower deck, add new caisson-supported deck with enclosed bathroom and spa equipment room, and construct new at grade pathway from new deck to beach. Grading will consist of 163 cu.yds. of cut, 10 cu.yds. of fill, and 153 cu.yds. of export to location outside of Coastal Zone. Native landscaping is also proposed, at 3335 Ocean Blvd., Newport Beach, Orange County. (TH-LB) [APPROVED WITH CONDITIONS]
b. Application No. 5-09-113 (City Of Newport Beach, Newport Beach) Application of City Of Newport Beach for habitat restoration project consisting of 107,400 cu.yds. dredge and 63,100 cu.yds. fill to realign Back Bay Drive in order to restore 3.6 acres of historic tidal wetlands at mouth of Big Canyon Creek; to construct four new culverts under realigned Back Bay Drive; 40,635 cu.yds. dredge and 12,515 cu.yds. fill to re-grade Big Canyon Creek into 140 ft. wide and 9 ft. -16 ft. deep wider channel for riparian restoration; to modify existing freshwater marsh requiring 47,310 cu.yds. dredge and 34,650 cu.yds. fill; invasive plant species removal and planting of natives; relocation of 35-space public parking lot and restroom facilities; new 1,100 sq.ft. amphitheater in new interpretive area, trails, new entrance from Jamboree Road to existing maintenance road and expansion of road with new erosion protection work, at Big Canyon Creek, Newport Beach, Orange County. (LR-LB) [POSTPONED]
SAN DIEGO DISTRICT
14. 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]
15. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
16. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.
a. City of Carlsbad LCP Amendment No. 1-08 A & B (Palomar Airport Road Driveway and Legoland). Public hearing and action on request of City of Carlsbad to amend both the Land Use Plan and Implementation Plan to update the Carlsbad Ranch Specific Plan regarding the Armstrong Nursery/Flower Fields site to accommodate internal circulation changes and a new westbound driveway on Palomar Airport Rd. and the Legoland Park property to allow revisions in the Inner/Outer Park areas, along with incorporation of a minor/major LCP and Specific Plan amendment process. (TR-SD) [APPROVED]
b. City of Encinitas LCP Amendment No. 2-08 (Sign Ordinance Revisions). Public hearing and action on request by City of Encinitas to amend its certified Implementation Plan by revising the City's sign ordinance (Sec. 30.60) to ban new billboards and allow for sign message substitution. (GDC-SD) [POSTPONED]
c. City of Del Mar LCP Amendment No. DMR-MAJ-1-09 (Modifications to Parking Requirements). Public hearing and action on request by the City of Del Mar to amend its LCP, both LUP and IP, to address common, shared and off-site parking, parking spaces for persons with disabilities, and establish an in-lieu fee program for parking space reductions in the LCP as a whole. (EL-SD) [POSTPONED]
d. City of San Diego LCP Amendment No. PEN-MAJ-3-08B (Pt. Loma Townhomes). Public hearing and action on request by City of San Diego to amend its Peninsula Community Plan LUP to redesignate 1.65 acre site bounded by Carleton, Scott and Dickens Streets from Industrial (fishing/marine-related) to Commercial use. (LRO-SD) [POSTPONED]
17. NEW APPEALS. See AGENDA CATEGORIES.
[An addendum has been appended to the staff report for item 17a below on August 11.]
a. Appeal No. A-6-ENC-09-40 (Okun, Encinitas) Appeal by Commissioners Wan & Shallenberger from decision of City of Encinitas granting permit with conditions to Leonard Okun to demolish portions of home (that straddles 2 lots) and construct 2,986 sq. ft. two-story home with 447 sq. ft. garage and 1,677 sq. ft. basement on blufftop lot, at 828 Neptune Avenue (Lot 18), Encinitas, San Diego County. (GDC-SD)[SUBSTANTIAL ISSUE FOUND - TO CONTINUE]
[An addendum has been appended to the staff report for item 17b below on August 11.]
b. Appeal No. A-6-ENC-09-41 (Okun, Encinitas) Appeal by Commissioners Wan & Shallenberger from decision of City of Encinitas granting permit with conditions to Leonard Okun to demolish portions of home (that straddles 2 lots) and construct 3,136 sq. ft., two-story home with 459 sq. ft. garage and 1,798 sq. ft. basement on blufftop lot, at 828 Neptune Avenue (Lot 19), Encinitas, San Diego County. (GDC-SD) [SUBSTANTIAL ISSUE FOUND - TO CONTINUE]
[An addendum has been appended to the staff report for item 17c below on August 11.]
c. Appeal No. A-6-PSD-09-43 (San Diego Unified Port District, San Diego) Appeal by Katheryn Rhodes, Conrad Hartsell, Ian Trowbridge, Catherine M. O'Leary Carey, John M. Carey, Scott Andrews, Navy Broadway Complex Coalition & Commissioners Sara Wan & Mary Shallenberger from decision of Port of San Diego granting permit with conditions to San Diego Unified Port District for various improvements along North Harbor Drive to include construction of 105 ft. wide esplanade, public plaza at foot of West Broadway, gardens, shade pavilions, ticket kiosks, information building, walk-up café & restrooms; also included are median improvements on West Broadway between North Harbor Drive and Pacific Highway and re-striping to provide additional turn lane to Grape Street and North Harbor Drive intersection, at North Harbor Drive, from the B Street Pier to south of Broadway Pier, San Diego, San Diego County. (DL-SD) [SUBSTANTIAL ISSUE FOUND - TO CONTINUE]
18. 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. 6-08-37 (22nd District Ag. Assoc., Del Mar) Application of 22nd District Agricultural Association to remove accumulated sediment, debris and vegetation within 12-ft.-wide strip through middle of Stevens Creek (1,150 lineal ft.) for flood protection. Project also includes use of silt curtains, removal of non-native vegetation, planting of native vegetation, monitoring and maintenance, along portion of northern boundary of Del Mar Fairgrounds, Del Mar, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS]
b. Application No. 6-08-110 (Encinitas opportunistic sand program) Application of City of Encinitas for opportunistic beach fill program to capitalize on opportunities to obtain beach-quality sand from upland or dredging projects in region for placement on Batiquitos & Moonlight Beaches, Encinitas, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]
[An addendum has been appended to the staff report for item 18c below on August 11.]
c. Application No. 6-09-5 (JRJ Partners, Solana Beach) Application of JRJ Partners, LLC to construct below-grade tied-back caisson retention system at the top of coastal bluff seaward of existing home, at 611 West Circle Drive, Solana Beach, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]
[An addendum has been appended to the staff report for item 18d below on August 11.]
d. Application No. 6-09-15 (San Diego Regional Airport Authority, San Diego) Application of San Diego Regional Airport Authority to construct a two-story, 468,389 sq.ft. expansion of Terminal 2 including 10 new aircraft boarding gates, ticket lobby areas, security screening area, concessions, baggage handling facilities & restrooms. Also proposed is the construction of new second level roadway for departures at upper level Terminal 2 and three ancillary structures in existing Terminal 2 visitor parking lot, including 10,000 sq.ft. replacement USO facility, 6,000 sq.ft. parking management building & 13,500 sq.ft. expansion of Central Utility Plant. Expansion of existing airport parking lot at intersection of Pacific Highway and Sassafras Street to replace all 500 spaces parking spaces lost as a result of terminal expansion, at San Diego International Airport, North Harbor Drive, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]
Future Meetings: The next meetings of the Coastal Commission September 9-10, 2009 in Eureka and October 7-9, 2009 in Oceanside.