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April 2013 Agenda

el capitan canyon resort
11560 calle real
santa barbara, CA 93117 (415) 407-3211

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

This has been updated at 12:15 p.m., Friday, November 1, 2013

Please note: agenda items are subject to change.

8:30 A.M.

WEDNESDAY, april 10, 2013

1. CALL TO ORDER.

2. ROLL CALL.

3. AGENDA CHANGES.

4. GENERAL PUBLIC COMMENT. Public comments will be heard at 8:30 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. 5-12-118 (Melville, San Clemente) Application of Mr. & Mrs. Albert & Linda Melville to remodel 1-story, 967 sq.ft. single-family home with attached 353 sq.ft. garage consisting of 629 sq.ft. interior living space addition plus 356 sq.ft. covered porch area; and demolish existing unpermitted wood deck, multiple retaining walls, railroad-tie stairs and fencing in coastal canyon and within five feet of coastal canyon edge, at 224 W. Avenida Palizada, San Clemente, Orange County. (LR-LB) [APPROVED]

b. Application No. 5-12-227 (Twist, Newport Beach) Remove existing “U” shaped 616 sq.ft. boat dock, pier platform, gangway and three, 12” square concrete piles; reposition one existing 3-ft. square concrete T-pile; construct new “U” shaped 654 sq.ft. boat dock, pier platform, gangway and 3 new 14” square concrete piles, at 209 Via Lido Soud, Newport Beach, Orange County. (RAB-LB) [APPROVED]

c. Application No. 5-12-240 (Anthony, Newport Beach) Application of Michael Anthony to remove and relocate existing dock to point five additional feet outward from sea wall including removal and relocation of 2 existing 12” square concrete piles; repositioning existing 3-ft. by 20-ft. gangway and no change to size of existing dock and pier platform, at 6 Balboa Coves, Newport Beach, Orange County. (RAB-LB) [APPROVED]

6. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-283 (Mertz, San Clemente) Application of Mr. & Mrs. Brian Mertz to install caisson and grade beam system to stabilize localized settlement of existing 12-car garage associated with 5 unit condominium building on coastal bluff top lot; proposed work also requires demolition of garage’s southeasterly wall where localized settlement has occurred, flatwork and steps adjacent to southeasterly property line; excavation to lower garage floor, re-construction of new southeasterly wall and re-construction of flatwork and steps, at 261 West Marquita, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-13-41 (Schaper, Newport Beach) Application of Ryan Schaper to construct new 2,547 sq.ft., 3-story, 27 ft.-tall single-family home with attached 420 sq.ft., 2-car garage and 616 sq.ft. roof deck, hardscape improvements, minimal planter landscaping, and request for after-the-fact approval of 8 ft.-deep by 30 ft.-wide concrete patio and 3 ft.-tall patio perimeter wall within City’s oceanfront encroachment area on oceanfront lot, at 1109 E. Balboa Blvd., Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO DISTRICT

7. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 6-12-27 (Solana Beach pump station access improvements) Application of City of Solana Beach to install concrete pavers at two locations on existing sewer pump station dirt access road and restoration of native habitat on approx. .03 acres adjacent to San Elijo Lagoon, at San Elijo Lagoon dirt access road beginning at north end of Rios Ave., Solana Beach, San Diego County. (ES-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-12-79 (SANDAG, San Diego) Application of San Diego Association of Governments (SANDAG) to construct Segment 4 of Bayshore Bikeway, consisting of 1/2 mile long, 8-12 ft. wide Class I bike path, median and traffic signal modifications, signage, re-striping, removal and replacement of up to 10 Eucalyptus trees, landscaping, and 1,801 cu.yds. of grading, at eastern edge of Harbor Dr. right-of-way from 32nd St. to National City border, San Diego, San Diego County. (KB-SD) [APPROVED WITH CONDITIONS]

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

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

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. 1-11-24 (Humboldt County Department of Public Works) Application of Humboldt County Dept. of Public Works to replace existing concrete bridge with new, 7-span reinforced concrete box culvert bridge, at Post Mile 1.69, Waddington Road, east of Ferndale, Humboldt County. (MBK-A) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

11. ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY. Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development. For specific information contact the Commission’s Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240. [APPROVED]

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

13. REVISED FINDINGS. See AGENDA CATEGORIES.

a. CD-008-13 (Navy, Southern California) Revised findings for Commission objection to Consistency determination by the U.S. Navy for the Southern California Portion of the Hawaii-Southern California Training and Testing (HSTT) Program, offshore waters of the Southern California Range Complex. (MPD-SF) [APPROVED]

14. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-011-13 (Navy, San Diego) Consistency determination by U.S. Navy to replace existing fuel pier at Naval Base Point Loma, west side of San Diego Bay, San Diego, San Diego County. (KH-SF) [APPROVED]

SOUTH COAST DISTRICT (Orange County)

15. 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]

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

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

a. City of Huntington Beach LCP Amendment No. HNB-MAJ-2-11 (Flood, Signs, & Other Changes).Request by the City of Huntington Beach to amend the Implementation Plan (IP) portion of the certified Local Coastal Program (LCP) by making changes including: 1) modifying the flood overlay districts chapter to conform with FEMA requirements; 2) making a number of changes to the sign chapter; 3) changes to the design review chapter by modifying the composition and scope of the five-member Design Review Board (DRB); 4) reclassifying massage businesses to Personal Services use and to require massage professionals to obtain certification by the State; 5) regarding emergency shelters and transitional housing regulations; 6) modifying the definition of “kennel”; and 7) changes to the zoning map in the area of the Beach and Edinger Corridors Specific Plan which is outside the coastal zone, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH MODIFICATIONS]

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. 5-12-155 (Jahangiri & Levering, Newport Beach) Application of Reza Jahangiri and Kate Levering to demolish existing home and construct new, 3,978.7 sq.ft. 15-ft. 10-in. high single-family home, at 1638 Galaxy Dr., Newport Beach, Orange County. (JDA-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-12-160 (Golf Realty Fund, Newport Beach) Application of Golf Realty Fund to demolish tennis clubhouse, surface parking lot and 17 tennis courts and construct new 3,725 sq.ft. tennis clubhouse including pro shop, lobby, office and locker rooms, swimming pool, storage shed, 7,490 sq.ft. spa/fitness center, spa bar; tentative parcel map to subdivide 2 underlying lots into 8 lots; construct 5 single-family homes (from 2,201 – 6,384 sq.ft.) and 27 rental bungalows (from 570 – 2,485 sq.ft.) with 2,170 sq.ft. Guest Center and 50 parking spaces; hardscape and drainage improvements and new landscaping on 7 acre inland site, at 1602 E. Coast Hwy, Newport Beach, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 5-12-260 (Evensen, Newport Beach) Application of Chris & Felicia Evensen to demolish 2,023 sq.ft. 2.5 level single-family home and demolish detached 1,346 sq.ft., 1-story, 3-car garage and carport at toe of bluff and construct new 3,880 sq.ft. 3-level single-family home at top of coastal bluff and construct detached 914 sq.ft., 1-story, 3-car garage at toe of bluff; retain existing bluff face stairway with changes to connect to new residence; construct new funicular on bluff face to provide secondary access between the home and garage, at 3225 Ocean Blvd (Corona del Mar), Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

[Staff report for item 18d below has been modified on April 5.]

d. Application No. 5-12-268 (City of Huntington Beach Public Works) Application of City of Huntington Beach to demolish 4 existing lift stations and 12 sanitary manholes, construct 1 new lift station, and install 12 in. and 15 in. gravity sewer pipe, at Pacific Coast Highway and Warner Ave., between North Pacific Ave. & Edgewater Lane, Huntington Beach, Orange County. (JDA-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

19. 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]

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

21. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 21a below on April 9.]

a. Appeal No. A-6-OCN-13-8 (Burgess, San Diego Co.) Appeal by Commissioners Shallenberger and Sanchez from decision of City of Oceanside granting permit with conditions to Chris Burgess for demolition of 2 existing residential structures providing 3 single-family homes and construction of 3-story duplex condominium structure (2,350 sq.ft. each unit), 1,402 of common area and two, 2-car garages on 6,285 sq.ft. oceanfront lot, at 1513 South Pacific St., Oceanside, San Diego County. (TR-SD) [SUBSTANTIAL ISSUE FOUND, de Novo Hearing 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. Application No. 6-12-17 (Lincoln Trust Company, San Diego) Application of Lincoln Trust Co. for after-the-fact authorization to convert 3 existing residential apartment units into 3 condominium units, landscape improvements, and remove unpermitted development within public right-of-way, at 2965 Ocean Front Walk, Mission Beach, San Diego, San Diego County. (AL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 22b below on April 9.]

b. Application No. 6-13-4 (22nd District Agricultural Association, Del Mar) Application of 22nd District Agricultural Assoc. to widen existing turf horse race track with new imported bedding material, install runoff control system and raise existing berm surrounding infield pond by 3 feet, at 2260 Jimmy Durante Blvd., Del Mar, San Diego County. (AL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

23. PERMIT AMENDMENTS. See AGENDA CATEGORIES description on page. 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. 6-96-089-A2 (Casa De La Playa HOA, San Diego) Request by Casa De La Playa Homeowners Assoc. to amend permit for bluff and shore protection to extend 25 ft.-high upper bluff retaining wall approximately 55 feet southeast, at 4878 Pescadero Ave., Ocean Beach, San Diego, San Diego County. (ES-SD) [POSTPONED]

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

a. County of Santa Barbara LCP Amendment No. MAJ-1-12-B (Pescadero Lofts). Certification Review. Concurrence with the Executive Director’s determination that action by the County of Santa Barbara, acknowledging receipt, acceptance, and agreement with the Commission’s certification with suggested modifications, is legally adequate. (AG-V) [APPROVED]

b. Gaviota Coastal Plan Briefing. Presentation from Commission staff, Santa Barbara County planning staff and representative from the citizen advisory group on the status and overview of the Gaviota Coast Plan (Santa Barbara County). (JA-V)

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

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

a. County of Santa Barbara LCP Amendment No. MAJ-3-11-B (Telecommunications Facilities). Public hearing and action on request by the County of Santa Barbara to amend its certified Coastal Zoning Ordinance to modify the existing permitting procedures and development standards that regulate the construction and use of commercial telecommunications facilities. (AG-V) [APPROVED WITH MODIFICATIONS]

[An addendum has been added to the staff report for item 26b below on April 9.]

b. City of San Buenaventura LCP Amendment No. SBV-MAJ-1-12. Public hearing and action on request by the City of San Buenaventura to amend its certified Land Use Plan to increase the maximum number of allowable boatel/hotel units in the Central Harbor area of the Ventura Harbor from 70 to 133, City of San Buenaventura, Ventura County. (JB-V) [APPROVED WITH MODIFICATIONS]

27. 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 was appended to the staff report for item 27a below on April 9.]

a. Application No. 4-04-120 (Wallis, Los Angeles Co.) Application of Gene and Martha Wallis to construct new 5,392 sq.ft., 2-story, 28 ft.-high single-family home, 720 sq.ft. attached garage, 1,250 sq.ft. detached workshop with 750 sq.ft. guest unit, swimming pool, septic system, entry gate, fencing, retaining walls, driveway, and 1,244 cu.yds. of grading (748 cu.yds. cut, 496 cu.yds. fill) at 1805 Cold Canyon Rd., Santa Monica Mountains, Los Angeles County. (DC-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 4-12-051 (Ventura County Watershed Protection District, Oxnard and Port Hueneme) Application of the Ventura County Watershed Protection District to reconstruct the existing concrete walls and bottom of a 3,430 linear foot section of the J Street drainage channel and   implement a drainage channel Operations and Maintenance Program and programmatic Beach Elevation Management Plan for five years at J Street Drain and Ormond Lagoon, in the Cities of Oxnard and Port Hueneme, Ventura County. (JB-V) [APPROVED WITH CONDITIONS]

28. RECONSIDERATION. See AGENDA CATEGORIES.

a. Application No. 4-12-003-R (Rydings, Los Angeles Co.) Reconsideration of Commission action to deny permit to Mark Rydings for construction of 8,180 sq.ft. (6,300 sq.ft. living area with 1,880 sq.ft. basement), 2-story, 26’8” ft. high single-family home with attached 815 sq.ft., 4-car garage, driveway, hammer-head turnaround, 8 retaining walls ranging in height from 1.7 ft. to 10.5 ft. high and totaling 1,176 linear feet of retaining wall, pool, spa, private septic system and private water main, vineyard, hardscaping, landscaping and irrigation system, minor widening of segments of Hawks Nest Trail and Skyhawk Lane as required by the Los Angeles County Fire Dept. and 7,896 cu.yds. of grading (6,455 cu.yds. of cut and 1,441 cu.yds. of fill), at 2525 Hawks Nest Trail, Topanga, Los Angeles County. (DV-V) [DENIED]

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:

Ballona Wetlands Land Trust v. CCC, (County of Los Angeles, RPI), Govt. Code, section 11126(e)(2)(A)
Cannery Row Marketplace LLC v. CCC, et al., Govt. Code, section 11126(e)(2)(A)
Cattermole v. CCC, Govt. Code, section 11126(e)(2)(A)
City of Malibu v. CCC, (Santa Monica Mountains Conservancy et al., RPI), Govt. Code, section 11126(e)(2)(A)
Koligian 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)
Lynch et al. v. CCC, Govt. Code, section 11126(e)(2)(A)
McCarthy et al. 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. [APPROVED]

30. COMMISSIONERS' REPORTS.

31. CONSERVANCY REPORT.

32. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

33. SANTA MONICA BAY RESTORATION REPORT.

34. DEPUTY ATTORNEY GENERAL'S REPORT.

35. 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. City of Redondo Beach Draft Post-LCP Certification Jurisdiction Map. Public hearing and action on draft map that depicts areas within the City of Redondo Beach that are subject to the Commission’s permit and appeal jurisdiction after transfer of permit authority pursuant to certification of the LCP. (JVC-SF) [APPROVED]

c. City of Santa Cruz Revised Post-LCP Certification Jurisdiction Map. Public hearing and action on revised map that depicts areas within the City of Santa Cruz that are subject to the Commission’s permit and appeal jurisdiction after transfer of permit authority pursuant to certification of the LCP. (JVC-SF) [APPROVED]

RECEPTION

RECEPTION. At the conclusion of the Commission’s meeting on April 10, or at 6:00 p.m., whichever is later, the Commission will attend a reception hosted by various environmental organizations at the El Capitan Canyon Resort. Members of the public are welcome to join the Commission but space is limited. Please RSVP Nathan Alley at (805) 963-1622 to make a reservation.

8:30 a.m.

THURSDAY, APRIL 11, 2013

STATEWIDE

 

Commission Field Trip. The Commission will take a field trip, leaving the El Capitan Canyon Resort at approximately 8:30 am on Thursday, April 11 for a tour of the Gaviota coast. The field trip will end in time for the Commission to convene its regular agenda at the El Capitan Canyon Resort at 1:00 PM.  The public is invited to attend by following the Commission vehicle(s) in their own private vehicles and joining the Commission at several designated stops. For more information, please contact the Commission’s South Central Coast District office in Ventura at (805) 585-1800.

1:00 p.m.

THURSDAY, APRIL 11, 2013

1. CALL TO ORDER.

2. ROLL CALL.

3. AGENDA CHANGES

4. GENERAL PUBLIC COMMENT. Public comments will be heard at 1:00 pm 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.

ENFORCEMENT

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

[Items 5.3 and 5.5., below, share a single, combined staff report.]
[An addendum has been appended to the combined staff report for iems 5.3 and 5.5 below on April 10.]

5.3. Consent Cease and Desist Order No. CCC-13-CD-03 (Bacara Resort and Spa, Goleta, Santa Barbara Co.) Public hearing and Commission action on proposed Consent Cease and Desist Order directing and authorizing the current owner, BRS Investment Properties, and predecessor in interest, SB Luxury Resort LLC, to cease and desist from maintaining existing unpermitted development on or near an Environmentally Sensitive Habitat Area (“ESHA”) and on land know to be a highly sensitive archaeological zone, and from undertaking additional unpermitted development on, and to remove unpermitted development from, and resolve associated civil liabilities regarding, property located at the Bacara Resort and Spa, 8301 Hollister Avenue, in Goleta, Santa Barbara County. (MSW-SF) [APPROVED]

5.5. Consent Restoration Order No. CCC-13-RO-03 (Bacara Resort and Spa, Goleta, Santa Barbara Co.) Public hearing and Commission action on proposed Consent Restoration Order directing and authorizing the current owner, BRS Investment Properties, and predecessor in interest, SB Luxury Resort LLC, to: 1) remove unpermitted development from land known to be a highly sensitive archaeological zone, and located on or near an ESHA; 2) revegetate and restore impacted areas; 3) mitigate for temporal losses; 4) implement a public access/interpretative signage plan for the Bacara Resort and Spa at 8301 Hollister Avenue; and 5) resolve civil liabilities, in Goleta, Santa Barbara County. (MSW-SF) [APPROVED]

NORTH CENTRAL COAST DISTRICT

[Additional correspondence has been appended to the deputy director's report for item 6 below on April 10.]

6. 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]

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

8. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-2-SMC-11-019 (Datson, San Mateo Co.) Appeal by Commissioners Blank and Stone of San Mateo County decision granting permit with conditions to Brad Datson for a land division, recognizing a certificate of compliance (type B) for 10,300 sq.ft. blufftop parcel, and a domestic water well, seaward of  Nevada Avenue In the unincorporated, Moss Beach area of San Mateo County. (ND-SF) [POSTPONED]

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.

[Items 9a and 9b, below, share a single combined staff report.]
[Correspondence was appended to the end of the combined staff report for items 9a and 9b below on April 9.]
[An addendum was appended to the combined staff report for items 9a and 9b below on April 10.]

a. Application No. 2-10-030 (Porto Bodega Marina & RV Park, Sonoma Co.) Application of Porto Bodega Marina & RV Park to add outside patio seating area and to add to and remodel interior space of the old Sandpiper Restaurant and an adjoining building fronting Bodega Bay itself at 1400 Bay Flat Road in the unincorporated Bodega Bay area of Sonoma County. (LK-SF) [APPROVED WITH CONDITIONS]

b. Application No. 2-08-013 (Porto Bodega LP, Sonoma Co.) Application of Porto Bodega LP to replace existing floating docks and 3 dock access ramps at the Porto Bodega Marina on Bodega Bay at 1500 Bay Flat Road in unincorporated Bodega Bay area of Sonoma County. (LK-SF) [APPROVED WITH CONDITIONS]

[Correspondence has been appended to the staff report for item 9c below on April 8.]
[An addendum has been appended to the staff report for item 9c below on April 10.]

c. Application No. A-2-MAR-10-22 (Magee & Brader, Marin Co.) Application of Tony Magee & Carissa Brader to develop agriculture operations consisting of sheep grazing, vegetable and fruit production, vineyard to supply on-site brandy distillery, equipment and brandy barns, equipment shed, greenhouse, hopyard shelter and sheep shelters, farmhouse and garage, affirmative agricultural easement, and supporting infrastructure (utilities, water wells and tanks, septic system and leach field), at 17990 Shoreline Hwy (inland side of Highway One) near Marconi Cove in the unincorporated Marshall area of Marin County. (LS-SF) [APPROVED WITH CONDITIONS]

10. RECONSIDERATION. See AGENDA CATEGORIES.

[An addendum was appended to the staff report for item 10a below on April 9.]

a. Reconsideration No. A-2-SMC-11-32-R (Cattermole, San Mateo Co.) Reconsideration of Commission action to deny permit to George and Mary Cattermole for 1) subdivision of 12.4-acre parcel into four parcels and 2) development of two single-family homes on one of the proposed parcels, at 7625 Stage Road in the unincorporated San Gregorio area of San Mateo County. (ND-SF) [DENIED]

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]

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

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

a. City of Capitola LCP Amendment No. 1-13 (Parking Standards). Time Extension. Public hearing and action on extension of time limit to act on request by City of Capitola to amend the LCP to modify standards pertaining to parking meter rates and zones. (KG-SC) [APPROVED]

[An addendum was appended to the staff report for item 13b below on April 11.]

b. City of Grover Beach LCP Amendment No. 1-12 Part 1 (Grover Beach Lodge). Public hearing and action on request by City of Grover Beach to amend the LCP to modify development standards and allowed uses along Grand Avenue at Pismo State Beach to facilitate development of a lodge and conference center. (SR-SF) [APPROVED WITH MODIFICATIONS]

c. City of Grover Beach LCP Amendment No. 1-12 Part 2 (Public Works Update). Public hearing and action on request by City of Grover Beach to amend the LCP to update information and requirements associated with water supply, wastewater capacities, and circulation. (SR-SF) [APPROVED WITH MODIFICATIONS]

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.

[Additional correspondence has been appended to the staff report for item 14a below on April 10.]
[An addendum has been appended to the staff report for item 14a below on April 11.]

a. Application No. A-3-SLO-11-064 (Lewis, San Luis Obispo Co.) Application of Marshall Lewis to demolish single-story, single-family home, to relocate historic water tank, and to construct new 4,555 sq.ft., 2-story home with a 2,377 sq.ft. underground garage on a blufftop site  at 709 Lucerne Road (near intersection with Ocean Avenue) in the unincorporated Cayucos area of San Luis Obispo County. (DR-SC) [APPROVED WITH CONDITIONS]

8:30 a.m.

FRIDAY, APRIL 12, 2013

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 (Los Angeles County)

5. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-316 (City of Long Beach Public Works) Application of City of Long Beach to replace public restroom with new 1-story, 12-stall public restroom in same location, on beach at 3230 E. Ocean Blvd., Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-12-319 (City of Long Beach Public Works) Application of City of Long Beach to replace public restroom with new 1-story, 8-stall public restroom in same location, on beach at 41 8th Place, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-13-27 (City of Santa Monica) Application of City of Santa Monica to add 2, 12-ft. wide, 125 ft. and 250 ft.-long accessible walkway extensions to existing beach pathways located south of Santa Monica Pier, at 1 Bay St., and at Ocean Park Blvd. (Santa Monica Beach), Santa Monica, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

6. 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]

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

8. 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. 5-12-239 (Briles, Long Beach) Application of Richard & Keanna Briles to install private boat dock consisting of 60’x 28’ U-shaped float secured by 3 new 16-in. diameter concrete piles (with 45 ft. x 3 ft.’ gangway), at 11 Sea Isle Dr. (Treasure Island-Alamitos Bay), Long Beach, Los Angeles County. (CP-LB) [POSTPONED]

STATEWIDE

9. EXECUTIVE DIRECTOR’S REPORT including reports and possible Commission action.

a. Final Strategic Plan. Public hearing and Commission approval of the Coastal Commission’s Final 2013 – 2018 Strategic Plan. (CL/SH/MJ-SF) [APPROVED]

b. Report on Local Government Workshop of December 2012 on Improving the LCP Planning Process. Commission staff report from the workshop with local government and the public on “Improving the Local Coastal Planning Process” held on December 12, 2012. (CL/LF-SF)

Future Meetings: The next meetings of the Coastal Commission are May 8-10, in Marin County and June 12-14, in Long Beach.