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California Coastal Commission

October 8 - 10, 2014

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October 2014 Agenda

City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660


(415) 407-3211

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

This has been updated at 8:10 a.m. on Friday, October 10, 2014

Please note: agenda items are subject to change.

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

Wednesday, October 8, 2014 9:00 a.m.

Thursday, October 9, 2014 9:00 a.m.

Thursday, October 10, 2014 9:00 a.m.

Visit the Commission's web: www.coastal.ca.gov for the latest updates.


Wednesday,
October 8, 2014

9:00 a.m.

  1. CALL TO ORDER.
  2. ROLL CALL.
  3. AGENDA CHANGES.
  4. GENERAL PUBLIC COMMENT. Public comments will be heard at 9:00 a.m. 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. Note: Comments made during the general public comment period regarding matters pending before the Commission do not become part of the official record for those matters.
  5. CHAIR'S REPORT.

STATEWIDE

  1. Executive Director's Report
    1. Director's Report.
    2. Legislation. Legislative report and possible Commission action. (CL/SC-SF)

San Diego Coast District

  1. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.
    1. Application No. 6-14-0734 (Lees and Costello, Solana Beach) Application of Mark Lees and Caitlin Costello to demolish existing 1-story, 2,311 sq.ft. home and construct new 2-story, 3,649 sq.ft. single-family home on 10,662 sq.ft. lot at 734 North Granados Ave., Solana Beach, San Diego County. (RC-SD) [APPROVED]

San Diego Coast District

  1. 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]
  2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
  3. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES
    1. City of Carlsbad LCP Amendment No. LCP-6-CII-14-0597-1 (Car Country Initiatives 2 and 4). Public hearing and action on request by the City of Carlsbad to amend the certified LCP Implementation Plan through updating the Car Country Specific Plan's Comprehensive Sign Program to, among other items, streamline the review process for minor improvements and allow for one, 50 ft. high, freeway-oriented sign. (RC-SD) [POSTPONED]
    2. City of San Diego LCP Amendment No. LCP-6-SAN-14-0601-1 (Mobile Food Truck Ordinance). [ADDENDUM] Public hearing and action on request by the City of San Diego to amend the certified Land Development Code (IP) to add and update various sections of its certified implementation plan to permit and regulate the operation of mobile food trucks. (AL-SD) [APPROVED]
    3. City of San Diego LCP Amendment No. LCP-6-CCP-14-0826-1 (Civic San Diego Amendments) Time Extension. Public hearing and action to extend the time limit for Commission action for up to one year on request by City of San Diego to amend the certified LCP Implementation Plan to revise the Marina Planned District Ordinance to change organizational titles and amendments to the Centre City Planned District to revise permitted uses, development standards and make clarifications. (KB-SD) [APPROVED]
    4. City of San Diego LCP Amendment No. LCP-6-OMN-14-0825 (New Industrial Zones) Time Extension. Public hearing and action to extend the time limit for Commission action for up to one year on request by City of San Diego to amend the certified Land Development Code (IP) to adopt two new industrial zones (IP-3-1 and IBT-1-1) for possible future application in the coastal zone. (DNL-SD) [APPROVED]
  4. NEW APPEALS. See AGENDA CATEGORIES.

      [Items 11a and 11b, below share a single, combined staff report]

    1. Appeal No. A-6-OCN-13-17 (Strands End LLC, Oceanside) Appeal by Beachin, LLC from decision of City of Oceanside granting permit with conditions to Strands End LLC for partial demolition and remodel of 2 existing structures (3 units total) into 35 ft. high, 3 story over daylighted basement, duplex structure comprised of 6,564 sq.ft. of habitable space, 815 sq.ft. garage, and 471 sq.ft. attached deck on 3,250 parcel, at 817 South Pacific St., Oceanside, San Diego County. (TR-SD) [SUBSTANTIAL ISSUE FOUND, APPROVED WITH CONDITIONS at de Novo Hearing]
    2. Appeal No. A-6-OCN-13-18 (Leeds Properties LLC, Oceanside) Appeal by Beachin, LLC from decision of City of Oceanside granting permit with conditions to Leeds Properties LLC for partial demolition and remodel of 2 existing structures (3 units total) into 35 ft. high, 3 story over daylighted basement, duplex structure comprised of 6,564 sq.ft. of habitable space, 815 sq.ft. garage, and 471 sq.ft. attached deck on 3,250 parcel, at 819 South Pacific St., Oceanside, San Diego County. (TR-SD) [SUBSTANTIAL ISSUE FOUND, APPROVED WITH CONDITIONS at de Novo Hearing]
    3. Appeal No. A-6-MBE-14-0040 (Garbaczewski, San Diego) Appeal by Commissioners Kinsey & Shallenberger from decision of City of San Diego granting permit with conditions to John & Colleen Garbaczewski for demolition of existing 1-story, single-family home and construction of new 2-story, 26'9" tall, 1,437 sq.ft. single-family home with attached 1-car garage on 1,620 sq.ft. lot at 3826 Bayside Walk, Mission Beach, San Diego, San Diego County. (AL-SD) [SUBSTANTIAL ISSUE FOUND, APPROVED WITH CONDITIONS at de Novo Hearing]
  5. 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. [APPROVED WITH CONDITIONS]
    1. Application No. 6-13-1359 (San Diego Mission Beach boardwalk repairs, San Diego) [ADDENDUM] Application of City of San Diego to replace in-kind approx. 860 linear feet of existing seawall, sheet piles, pile caps, and damaged portion of Mission Beach Boardwalk and add accessible ramps to the beach, seaward of Belmont Park, at 3146 Mission Blvd., Mission Beach, San Diego, San Diego County. (AL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
    2. Application No. 6-14-1033 (Hitzke Development Corporation, Solana Beach) [ADDENDUM] Application of Hitzke Development Corp. to construct 17,089 sq.ft., 3-story, 35-ft. tall mixed-use building with 759 sq.ft. of commercial space, 10 low-income housing units, and 53 public/private parking spaces on an existing 31-space public parking lot on the east side (500 block) of S. Sierra Ave, 800 ft. south of Dahlia Dr., Solana Beach, San Diego County. (BL-SD) [APPROVED WITH CONDITIONS]
    3. Application No. 6-14-1128 (Cabrillo Power I LLC, Carlsbad) [ADDENDUM] Application of Cabrillo Power I LLC to conduct maintenance dredging of up to 500,000 cu.yds. of lagoon bottom sand within existing approved dredge limits of outer basin of Agua Hedionda Lagoon and deposit on North Beach, Middle Beach, and South Beach in Carlsbad, San Diego County. (KB-SD) [APPROVED WITH CONDITIONS]
  6. 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.
    1. Permit No. 6-01-172-A1 (San Diego North Torrey Pines Rd. access ramp, San Diego) Application of City of San Diego to construct 15-ft. long, 190 sq.ft. concrete access ramp on sandy beach at end of existing public beach accessway at North Torrey Pines Road, Torrey Pines, San Diego, San Diego County. (AL-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
  7. REVISED FINDINGS. See AGENDA CATEGORIES.
    1. Application No. 6-12-061 (Grand & Strand, San Diego) [ADDENDUM] Consideration of findings for Commission's July 11, 2013 action approving, with conditions, coastal permit to Grand & Strand for construction of 1,895 sq. ft., second-floor dining patio with glass siding and removal of unpermitted automated payment machine and signage at existing mixed-use building, at 4315 Ocean Blvd., Pacific Beach, San Diego, San Diego County. (AL-SD) [APPROVED]

ENFORCEMENT

    [Items 14.1 and 14.2, below share a single, combined staff report]

  1. Commission Cease & Desist Order No. CCC-14-CD-04 (The Salvation Army, Santa Monica Mountains, Los Angeles Co.) [ADDENDUM] Public hearing and Commission action on proposed Consent Cease and Desist Order directing and authorizing The Salvation Army to 1) remove unpermitted development and 2) cease and desist from undertaking additional unpermitted development, including placement of structures, removal of native vegetation, and grading in Malibu Creek, from property located at 26801 Dorothy Drive, Calabasas, APN 4462-031-007, Los Angeles County. (CMN-SF) [APPROVED]
  2. Commission Restoration Order No. CCC-14-RO-04 (The Salvation Army, Santa Monica Mountains, Los Angeles Co.) [ADDENDUM] Public hearing and Commission action on proposed Consent Restoration Order directing and authorizing The Salvation Army to take restorative actions including; 1) restoring impacted areas by undertaking removal, remedial grading, and revegetation activities; 2) mitigating for temporal loss of habitat; and 3) implementing long-term monitoring program; to address unpermitted development, including placement of structures, removal of native vegetation, and grading in Malibu Creek, on property located at 26801 Dorothy Drive, Calabasas, APN 4462-031-007, Los Angeles County. (CMN-SF) [APPROVED]

SOUTH CENTRAL COAST DISTRICT

  1. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
  2. 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 16a thru 16f, below share a single, combined staff report]
    1. Application No. 4-10-040 (Lunch Properties LLLP, Los Angeles Co.) Application of Lunch Properties LLLP to construct 18-ft. high, 2-level with basement, 9,249 sq.ft. single-family home, 1,245 sq.ft. non-habitable space, and 460 sq.ft. attached garage, swimming pool, septic system, water line extension, 160 linear feet access drive extension with hammerhead turnaround, and 5,300 cu.yds. grading (4,450 cu.yds. cut; 800 cu.yds. fill), including implementation of habitat mitigation and monitoring plan and offer-to-dedicate open-space easement, located north of Sweetwater Mesa Rd. in Santa Monica Mountains, Los Angeles County. (JB-V) [POSTPONED]
    2. Application No. 4-10-041 (Vera Properties LLLP, Los Angeles Co.) Application of Vera Properties LLLP to construct 18-ft. high, stepped 2-level, 11,234 sq.ft. single-family home, 123 sq.ft. non-habitable space, and 657 sq.ft. attached garage, swimming pool, septic system, 149 linear feet water line extension, 355 linear feet access drive extension with hammerhead turnaround, 2 fire department access turnouts, and 315 ft. long, 16.5 ft. high steel mesh rock fall stabilization device, and 13,000 cu.yds. grading (9,300 cu.yds. cut; 3,700 cu.yds. fill), including implementation of habitat mitigation and monitoring plan and offer-to-dedicate open-space easement and public hiking and trail easement, located north of Sweetwater Mesa Rd. in Santa Monica Mountains, Los Angeles County. (JB-V) [POSTPONED]
    3. Application No. 4-10-042 (Mulryan Properties LLLP, Los Angeles Co.) Application of Mulryan Properties LLLP to construct 16-ft., 6-in. high, stepped 2-level, 7,540 sq.ft. single-family home, 399 sq.ft. non-habitable space, 883 sq.ft. attached garage, swimming pool, septic system, 155 linear feet water line extension, 920 linear feet access drive extension with hammerhead turnaround, portion of fire department access turnout, and portion of rock fall stabilization device, and 9,030 cu.yds. grading (5,080 cu.yds. cut; 3,590 cu.yds. fill), including implementation of habitat mitigation and monitoring plan and offer-to-dedicate open-space easement, located north of Sweetwater Mesa Rd in Santa Monica Mountains, Los Angeles County. (JB-V) [POSTPONED]
    4. Application No. 4-14-0598 (Morleigh Properties LLLP, Los Angeles Co.) Application of Morleigh Properties LLLP to construct 25-ft., 6-in. high, stepped 2-level, 9,879 sq.ft. single-family home, 1,231 sq.ft. non-habitable space, 1,017 sq.ft. attached garage, swimming pool, septic system, 114 linear feet water line extension, access road extension, hammerhead turnaround, and 3,890 cu.yds. grading (3,790 cu.yds. cut; 100 cu.yds. fill), including implementation of habitat mitigation and monitoring plan and offer-to-dedicate open-space easement, located north of Sweetwater Mesa Rd. in Santa Monica Mountains, Los Angeles County. (JB-V) [POSTPONED]
    5. Application No. 4-10-044 (Ronan Properties LLLP, Los Angeles Co.) Application of Ronan Properties LLLP to construct 18-ft. high, 2-level with basement, 14,343 sq.ft. single-family home, 637 sq.ft. attached garage, swimming pool, septic system, 3,150 linear feet water line extension, 590 linear feet access road extension, hammerhead turnaround and access turnout, and 6,100 cu.yds. total grading (4,250 cu.yds. cut; 1,850 cu.yds. fill), including implementation of habitat mitigation and monitoring plan and offer-to-dedicate open-space easement, located north of Sweetwater Mesa Rd. in Santa Monica Mountains, Los Angeles County. (JB-V) [POSTPONED]
    6. Application No. 4-14-1094 (Mulryan Properties LLLP, Morleigh Properties LLLP, Vera Properties LLLP, Ronan Properties LLLP, and ED West Properties LLLP, Los Angeles Co.) Application of Mulryan Properties LLLP, Morleigh Properties LLLP, Vera Properties LLLP, Ronan Properties LLLP, and ED West Properties LLLP, for lot line adjustment between parcels, resulting in decreased number of parcels from 5 to 4, north of Sweetwater Mesa Rd. in Santa Monica Mountains, Los Angeles County. (JB-V) [POSTPONED]

SOUTH COAST DISTRICT (LOS ANGELES COUNTY)

  1. 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]
  2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
  3. 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.
    1. Permit No. 5-91-286-A11 (City of Los Angeles). Application of City of Los Angeles to amend Special Condition No. 3 to allow sale of last seven city-owned canyon rim lots (15205, 15209, 15213, 15217, 15329, and 15333 De Pauw Street and 15206 Earlham Street). Direct funds to established Trust Fund to be used solely for completion of remaining phases of development of Potrero Canyon Park Restoration Project, located at 15101 Pacific Coast Highway, Potrero Canyon, Pacific Palisades, Los Angeles, Los Angeles County. (ZR-LB) [APPROVED WITH CONDITIONS]
  4. RECONSIDERATION. See AGENDA CATEGORIES.
    1. Application No. 5-14-1479-R (City of Los Angeles Department of Recreation and Parks (DPR)) Reconsideration of Commission action to deny City of Los Angeles (DPR) request to install seasonal ice skating venue and permanent security lighting in Windward Plaza adjacent to Venice Beach, location 1800 Ocean Front Walk, Venice City of Los Angeles, Los Angeles County. (ZR-LB) [APPROVED]

STATEWIDE

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

Cattermole v. CCC, Govt. Code § 11126(e)(2)(A)
CCC v. Navy et al., Govt. Code § 11126(e)(2)(A)
Drakes Bay Oyster Co. v. CCC et al., Govt. Code § 11126(e)(2)(A)
Faber et al. v. CCC (Drakes Bay Oyster Co., RPI), Govt. Code § 11126(e)(2)(A)
Vera Properties, LLLP v. CCC, Govt. Code § 11126(e)(2)(A) - see items Wed. 16a-f
Ronan Properties, LLLP v. CCC, Govt. Code § 11126(e)(2)(A) - see items Wed. 16a-f
Lunch Properties, LLLP v. CCC, Govt. Code § 11126(e)(2)(A) - see items Wed. 16a-f
Mulryan Properties, LLLP v. CCC, Govt. Code § 11126(e)(2)(A) - see items Wed. 16a-f
Frank v. CCC, Govt. Code § 11126(e)(2)(A)
Mountainlands Conservancy, LLC et al. v. CCC (County of Los Angeles, RPI), Govt. Code § 11126(e)(2)(A) - see item Fri. 19b
Ramirez Canyon Preservation Fund v. CCC (County of Los Angeles, RPI), Govt. Code § 11126(e)(2)(A)- see item Fri. 19b
San Diegans for Responsible Planning v. CCC (City of San Diego et al., RPI), Govt. Code § 11126(e)(2)(A) - see item Wed. 14a
SDS Family Trust v. CCC, Govt. Code § 11126(e)(2)(A)
Sierra Club v. CCC et al., Govt. Code § 11126(e)(2)(A) - see item Fri. 12a

The Commission is authorized to discuss these matters in a closed session pursuant to Government Code § 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code § 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code § 11126(a).

  1. APPROVAL OF MINUTES.
  2. COMMISSIONERS' REPORTS.
  3. CONSERVANCY REPORT.
  4. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.
  5. SANTA MONICA BAY RESTORATION REPORT.
  6. DEPUTY ATTORNEY GENERAL'S REPORT.

Thursday,
October 9, 2014

9:00 a.m.

  1. CALL TO ORDER & ROLL CALL.
  2. CLOSED SESSION. Periodic Performance Evaluation: Executive Director. Public comment on this item will be accepted prior to the Commission going into closed session.

THE PUBLIC MEETING WILL RECONVENE NO EARLIER THAN 11:30 A.M.

  1. AGENDA CHANGES.
  2. GENERAL PUBLIC COMMENT. Public comments will be heard no earlier than 11:30 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. Note: Comments made during the general public comment period regarding matters pending before the Commission do not become part of the official record for those matters.

SOUTH COAST DISTRICT (ORANGE COUNTY)

  1. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.
    1. Application No. 5-14-0741 (Declusin, Newport Beach) Application of Jim & Maria Declusin to remove existing 788 sq.ft. dock system and replace it with new 680 sq.ft. dock system, including removal of two 12' square concrete piles and five 14' concrete 'T' piles and installing three 18' square concrete piles and two 14" square concrete "T" piles, located at 641 Via Lido Soud, Newport Beach, Orange County. (FSY-LB) [APPROVED]
  2. CONSENT CALENDAR. See AGENDA CATEGORIES.
    1. Application No. 5-13-0862 (Lear, Newport Beach) Application of Phil & Doreen Lear to add and remodel 1,349 sq.ft., 2-story single-family home with attached 409 sq.ft., 2-car garage including addition of 92 sq.ft. to first floor and 667 sq.ft. to second floor resulting in 2-story 24-ft. tall, 2,108 sq.ft. home with attached 409 sq.ft. 2-car garage, at 346 62nd St., Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]
    2. Application No. 5-14-0551 (Vallely, Newport Beach) Application of John Vallely to demolish 2-story single-family home and construct 31-ft. tall, 3-story mixed use building consisting of 765 sq.ft. commercial use on ground floor and 1,942 sq.ft. 2-story single-family home located above, with carport for 1 commercial parking space and 459 sq.ft., 2-car tandem garage for residential use, at 508 Bay Front, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

SOUTH COAST DISTRICT (ORANGE COUNTY)

  1. 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]
    1. City of Laguna Beach LCP Amendment No. LCP-5-LGB-14-0823-4 (Second Units Noticing & Appeals). Concurrence with the Executive Director's determination that City of Laguna Beach LCPA No. 5-LGB-14-0823-4 to amend Chapter 25.17 (Second Residential Units), regarding noticing requirements and appeals procedures for second residential units, is minor. (MV-LB)
  2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
  3. 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.
    1. Application No. 5-13-0764 (California State Parks and Recreation, Newport Beach) Application of California State Parks and Recreation to replace one 24 ft. x 60 ft. modular structure with two 24 ft. x 60 ft. modular structures, grading, retaining walls, wood deck/outdoor classroom, coastal sage scrub mitigation plan, ADA access improvements and re-paving and re-striping of asphalt parking lot adding 40 additional parking spaces, located at Los Trancos parking lot in Crystal Cove State Park at 6902 E. Coast Hwy., Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]
    2. Application No. A-5-DPT-14-0018 (City of Dana Point). Appeal by Commissioners Shallenberger and Vargas of City of Dana Point's decision to vacate 60-ft. wide and 340-ft. long portion of Scenic Drive and allow vacated land to be incorporated (via lot line adjustments) into adjacent privately owned parcels developed with single-family homes located on portion of Scenic Drive right-of-way, including 34525-34551 Scenic Dr., Dana Point, Orange County. (SV-LB) [POSTPONED]
    3. Application No. 5-14-0580 (Werner Family Trust, Newport Beach) Application of Patrick Werner Family Trust to demolish 250 sq.ft. "U" shaped wood float dock, three 12-in. square concrete dock piles, and 3' x 20' gangway and install new 672 sq.ft. "U" shaped wood float dock, four 14" square concrete dock piles and new 3' x 24' gangway, at 1226 West Bay Ave., Newport Beach, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
    4. Application No. 5-14-0613 (Newport Beach Townhouse LLLP, Newport Beach) [ADDENDUM] Application of Newport Beach Townhouse LLLP to demolish 32,469 sq.ft. office building; 7,176 sq.ft. church; 1,785 sq.ft. associated church reading room; and 54-space associated parking lot and construct 23 townhouses, each with 2-car garage, roof deck and roof access structure 3303 and 3355 Via Lido, Newport Beach, Orange County. (MS-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]
  4. 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.
    1. Permit No. 5-13-0962-A1 (Kochis, Newport Beach) [ADDENDUM] Request by Jeri Kochis to modify previously approved permit and remove existing "W" shaped floating dock, approach, pier, and gangway; nine 12-in. square concrete piles and six 14-in. square concrete "T" piles, and replace with two new "I" shaped boat dock systems (one for each of the subdivided properties), with a total of four 14-in. square concrete piles and ten 14-in. square concrete "T" piles, located at 1509 E. Bay Ave., Newport Beach, Orange County. (MS-LB) [APPROVED WITH CONDITIONS]

Friday,
October 10, 2014

9:00 a.m.

  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. Note: Comments made during the general public comment period regarding matters pending before the Commission do not become part of the official record for those matters.

NORTH COAST DISTRICT

  1. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.
    1. Application No. 1-13-1172 (Maxwell, Humboldt Co.) Application of Katherine E. Maxwell to: (1) reconstruct 300-ft. long portion of 6-ft. tall, solid, vertical cedar board fence along Stagecoach Road and replace it with visually permeable fence design; (2) authorize previous construction without benefit of permit for remaining 150-ft. long portion of solid fence running perpendicular to road along north property line; and (3) plant native landscaping vegetation along portion of fence adjacent to roadway, at 1090 Stagecoach Road, one mile north of Trinidad, Humboldt County. (MBK-A) [APPROVED]
  2. 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]
  3. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.

ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY

  1. 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]
    1. Changes to CCMP List of Federal Permits Subject to Federal Consistency Review. No Commission Action. [ADDENDUM] Preliminary public hearing on proposed changes updating and adding to the California Coastal Management Program (CCMP), Chapter 11, list of federal licenses and permits subject to certification for consistency with the CCMP, under Section 307(c)(3)(A) of the federal Coastal Zone Management Act and its implementing regulations (15 CFR §930.53(a) and (c)). (MPD-SF)
  2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
  3. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.
    1. CD-0003-14 (Navy, Coronado) Consistency determination by U.S. Navy to construct Coastal Campus, consisting of 24 projects, comprising nearly 1.5 million square feet of facilities and associated infrastructure, constructed over a 10-year period, at Silver Strand Training Complex-South (SSTC-South), Naval Base Coronado, San Diego County. (JS-SF) [POSTPONED]

NORTH CENTRAL COAST DISTRICT

  1. 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]
  2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
  3. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
    1. Marin County LCP Amendment No. LCP-2-MAR-13-0224-1 Part A (Marin LUP Update). Time Extension. [ADDENDUM] Public hearing and action on request by Marin County to extend time to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Amendment No. LCP-2-MAR-13-0224-1 Part A (Marin LUP Update). (KK-SC) [APPROVED]
  4. 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.
    1. Application No. 2-14-1025 (Marin County Environmental Health Services, Marin Co.) [ADDENDUM] Application of Marin County Environmental Health Services to upgrade and/or replace septic systems for 17 developed lots, install collection pipe to connect septic systems to community leachfield and install wastewater treatment facility at community leachfield, at 18050 to 19025 Highway One, Marshall, Marin County. (EL-SF) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

CENTRAL COAST DISTRICT

  1. 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]
    1. City of Morro Bay LCP Amendment No. LCP-3-MRB-13-0219-1-Part A (North Main Street Parking). Concurrence with the Executive Director's determination that the request by the City of Morro Bay to amend a section of the Implementation Plan's parking provisions for the North Main Street Commercial Area is de minimis. (KB-SC) [APPROVED]
    2. San Luis Obispo County LCP Amendment No. LCP-3-SLO-14-0829-2 (Reasonable Accommodations). Concurrence with the Executive Director's determination that the request by San Luis Obispo County to provide for ADA reasonable accommodations in siting and design is de minimis. (KK-SC) [APPROVED]
  2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
  3. NEW APPEALS. See AGENDA CATEGORIES.
    1. Appeal No. A-3-SLO-13-0213 (Kingston Bay Senior Living, LLC, San Luis Obispo Co.) Appeal by Friends of the North Coast Area Council and Claudia Harmon Worthen of San Luis Obispo County decision granting permit with conditions to Kingston Bay Senior Living, LLC for construction of new 28,266 sq.ft., 31 unit (41 bed-maximum) senior care living facility, with 19-space parking lot, 2 driveways, landscaping, grading, and other related multi-family residential development, Cambria, San Luis Obispo County. (AK-SC) [WITHDRAWN]
    2. Appeal No. A-3-SLO-14-0044 (Fox, San Luis Obispo Co.) Appeal by Commissioners Shallenberger and Howell of San Luis Obispo County decision granting permit with conditions to Phil and Julie Fox for construction of new 3,451 sq.ft. single-family home with 624 sq.ft. attached garage, located along east side of Burton Dr., Cambria, San Luis Obispo County. (DR-SC) [WITHDRAWN]
  4. 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.
    1. Application 3-13-006 (Held Family Trust, Morro Bay) [ADDENDUM] Application of Held Family Trust to construct new 590 sq.ft. retail unit, enlarge harbor walkway, install six floating docks, and related development, at 901-915 Embarcadero Rd, Morro Bay, San Luis Obispo County (JB-SC) [APPROVED WITH CONDITIONS]
  5. REVISED FINDINGS. See AGENDA CATEGORIES.
    1. Application No. 3-13-012 (Caltrans, San Luis Obispo Co.) [ADDENDUM] Consideration of findings for the Commission's July 11, 2014 approval of coastal permit to: (1) realign approx. 3 miles of Highway One inland; (2) remove existing Highway One in area; (3) demolish 2 existing single-family homes; (4) construct new inland alignment of Highway One; (5) develop off-road California Coastal Trail west of Highway, and (6) resource restoration and enhancement (along alignment and at Arroyo de la Cruz), near Piedras Blancas Light Station, San Luis Obispo County. (RH-SC) [APPROVED]

      [Items 18b and 18c, below share a single, combined staff report]
    2. Application No. A-3-SLO-14-0021 (7 Tracks Realty, San Luis Obispo Co.) [ADDENDUM] Consideration of findings for the Commission's June 11, 2014 approval of coastal permit to construct single-family home with attached garage and other incidental residential improvements in Los Osos, San Luis Obispo County. (AK-SC) [APPROVED]
    3. Application No. A-3-SLO-11-055 (Kellaway, San Luis Obispo Co.) [ADDENDUM] Consideration of findings for the Commission's June 11, 2014 denial of coastal permit to construct 11,412 sq.ft. single-family home with 968 sq.ft. attached garage and other incidental residential improvements in Los Osos, San Luis Obispo County. (AK-SC) [APPROVED]

SOUTH CENTRAL COAST DISTRICT

  1. 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]
    1. County of Santa Barbara LCP Amendment No. LCP-4-STB-14-0819-1. Concurrence with the Executive Director's determination that County of Santa Barbara LCP Amendment No. 4-STB-14-0819-1 to amend various sections of the County's certified Coastal Zoning Ordinance (Implementation Plan), is minor. (DC-V) [APPROVED]
    2. County of Los Angeles LCP (Land Use Plan Amendment No. 4-LAC-14-0108-4 and Local Implementation Plan No. 4-LAC-14-0109-4). Certification Review. Concurrence with the Executive Director's determination that the action by Los Angeles County accepting certification of Land Use Plan Amendment No. 4-LAC-14-0108-4 with modifications, and Local Implementation Plan No. 4-LAC-14-0109-4 with modifications, is legally adequate. (DC-V) [APPROVED]
  2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
  3. LOCAL COASTAL PROGRAM. See AGENDA CATEGORIES.
    1. Minor Boundary Adjustment No. 01-2014 (Los Angeles County Santa Monica Mountains LCP Segment). [ADDENDUM] [ADDENDUM2] Public hearing and action on minor Coastal Zone Boundary Adjustment within the County of Los Angeles, Santa Monica Mountains LCP Segment. (JVC-SF) [APPROVED]
    2. Los Angeles County Santa Monica Mountains LCP Segment, Post-LCP Certification Jurisdiction Map. Public hearing and action on maps that depict areas within the Los Angeles County Santa Monica Mountains LCP Segment that are subject to the Coastal Commission's permit and appeal jurisdiction after transfer of permit authority pursuant to certification of the LCP. (JVC-SF) [APPROVED]

STATEWIDE

  1. Future Agenda Items. Discussion of potential future agenda items. (CL-SF)

The next meetings of the Coastal Commission are November 12-14, in Half Moon Bay & December 10-12, in Monterey.

Agenda Categories

Below are described the standard categories of agenda items.

ADMINISTRATIVE PERMIT APPLICATIONS. If a person objects to issuance of an administrative permit or permit conditions, that person is allowed 3 minutes to request removal of the application from the administrative calendar. If four or more Commissioners vote to remove an item from this calendar, the approval is revoked, and the application will be scheduled for action at a later meeting.

COASTAL PERMIT APPLICATIONS. The Commission may vote at the conclusion of the public hearing, or it may continue the matter to a subsequent meeting. Time limits are determined by the Chair but generally are 15 minutes combined total time per side. The applicant may reserve some time for rebuttal after the opponents speak.

CONSENT CALENDAR. Three minutes will be allowed to each side to address the Commission on whether to remove an application from this calendar. It takes 3 or more Commissioners to remove an item from the consent calendar, in which case it will be scheduled for further hearing & action at a later meeting.

ENFORCEMENT ACTIONS. Public hearing and action on proposed Cease and Desist Orders, Restoration Orders, and recordation of Notices of Violation.

FEDERAL CONSISTENCY. See time limits under COASTAL PERMIT APPLICATIONS above.

LOCAL COASTAL PROGRAMS (LCPs). LCPs consisting of a land use plan and implementation plan are prepared by local governments and provide the standards for issuing coastal permits after approval by the Commission. Copies of LCP reports are available on request from the Commission office. Oral testimony may be limited to 5 minutes or less for each speaker, depending on the number wishing to be heard. Copies of all correspondence will be provided to the Commission.

NEW APPEALS. (Note: This agenda item requires an initial determination of whether the appeal raises a "substantial issue" and may not include a de novo public hearing on the merits of the project.)

When staff recommends "substantial issue," a public hearing on the question will only be held if 3 or more Commissioners ask for it. If three Commissioners do not request a hearing on "substantial issue" the matter automatically proceeds to de novo public hearing either at this or a later Commission meeting. If staff recommends "no substantial issue," public testimony will be taken only on the question whether the appeal raises a "substantial issue." Generally and at the discretion of the Chair, testimony is limited to 3 minutes total per side.

If the Commission finds "substantial issue" and there is no staff recommendation on the merits of the project, the de novo hearing will be scheduled for a subsequent meeting.

PERMIT AMENDMENTS or EXTENSIONS. Public hearing and action on requests to amend or extend permits previously issued by the Commission.

RECONSIDERATIONS. Public hearing and action to reconsider previous actions.

REVISED FINDINGS. Public hearing and vote to approve revised findings for a previous Commission action. The only issue is whether the findings adequately reflect the Commission action. The hearing is not to reargue the merits of the prior action.

VOTING on APPLICATIONS. Hearing and action on coastal development permits continued from a previous meeting. The time limits are 5 minutes combined total time per side, and the applicant may reserve time for rebuttal.

Meeting Rules and Procedures

SPEAKER SIGN-UP & TIME LIMITS. If you wish to speak, please fill out a "Request to Speak" form and give it to a staff person. Forms are available near the door to the meeting room. Time limits are indicated on the back of speaker sign-up forms, and under 'agenda categories' later in this summary. Generally, the Chair will determine time limits for each individual speaker and for organized presentations.

SUGGESTIONS FOR SUBMISSION OF WRITTEN MATERIALS. Written materials should be submitted to Commission staff no later than three working days before the hearing. In the upper right hand corner of the first page of your submittal please identify the agenda item number & your name. Please summarize your position in two or three pages. You may attach any exhibits you feel are necessary. Please note that you are discouraged from submitting written materials to the Commission on the day of the hearing, unless they are visual aids. It is difficult for Commissioners to carefully consider late submittals.

LOCATION OF MEETINGS. The Commission meets once a month in different locations of the State in order to facilitate public participation. Staff attempts, whenever possible, to schedule matters for hearings that will be relatively close to the location of a proposed development. However, legal deadlines for action may require that the hearing on an item take place in a different area than the proposed project.

NO FAXs will be accepted at the meeting site. You may be able to make prior arrangements with staff or a Commissioner to send a fax, but you will be responsible for paying the hotel or meeting site for its receipt.

CAMPAIGN CONTRIBUTIONS. Government Code Section 84308 requires Commissioners to disqualify themselves from voting on any matter if they have received a campaign contribution of more than $250 from an interested party. If you intend to speak on any hearing item, please indicate on your speaker slip and/or in your testimony, if you have made campaign contributions of more than $250 to any Commissioner within the last year, and if so, to which Commissioners you contributed.

CONTACTS with COMMISSIONERS. Written materials sent to Commissioners must also be sent to staff at the same time. All non-procedural communications must become part of the record. For a summary of these ex parte communication requirements, please visit www.coastal.ca.gov/roster.html#exparte.

PUBLIC STATEMENTS ABOUT ITEMS NOT ON THIS AGENDA. At the start of the meeting or those unable to attend the early comment period, there will be time for public statements about Commission work other than items that are pending before the Commission. Persons wishing to speak should fill out a sign-up slip, and limit presentations to 3 minutes. You may always submit written comments to the Commission office, and copies will be distributed to Commissioners. Please note that on the final day of the meeting, public comment will only be heard at some time prior to adjournment for the day.

WHEN WILL MY AGENDA ITEM BE HEARD? It is not possible to predict how quickly the Commission will complete agenda items or how many will be postponed to a later date. The Commission begins each session at the time listed on the Meeting Notice and considers each item in the sequence listed, except in extraordinary circumstances. The Commission may consider an item even though interested persons are not present.

STAFF RECOMMENDATIONS. A written staff report is available for most items on this agenda. At the end of the agenda description the author's initials and a code indicating his/her headquarters office are identified (A=Arcata SF=San Francisco SC=Santa Cruz V=Ventura LB=Long Beach SD=San Diego). Staff reports are usually distributed 10 days before the meeting. Staff reports for any item on this Meeting Notice are generally available on the Commission's website (www.coastal.ca.gov). Paper copies are also available upon request.

VISUAL PRESENTATIONS/MATERIALS. Powerpoint presentations must be accompanied by a USB flash drive, flash memory card, or compact disk. All electronic formats must be PC compatible. Files created on a Mac might not be supported. It is recommended that a hard copy of any electronic presentation be submitted in case of technical difficulties. A slide projector & laptop will be available from our audio-visual technician, and they can assist you in its use. All materials exhibited to the Commission during the hearing (slides, maps, etc.) are part of the public record and must be kept by the Commission for 60 days after final Commission action on the matter. Your materials will be returned upon written request unless needed for judicial review.

PUBLIC & ADMINISTRATIVE RECORDS. Some public records for agenda items are available for inspection at the meeting, and are available in the Commission office. Please call to make an appointment to see any file you are interested in. If you decide to challenge a final decision of the Commission in Court, please request preparation of the administrative record by letter to the Administrative Records Section at the Commission office in San Francisco, and indicate in your letter a description of the agenda item and date(s) of Commission action.

CLOSED SESSION. At any time during the meeting the Commission may meet to consider personnel matters or litigation in a session closed to the public pursuant to the attorney-client privilege and statutory exemption to the Open Meeting Act (Government Code Section 11126e).

ACCESS TO HEARINGS. The hearings are wheelchair accessible. If accommodation for other disabilities is required, please call (415) 904-5200.

MORE INFORMATION. For more information about this agenda, contact one of the following staff members:

  • (Del Norte, Humboldt & Mendocino Counties) Bob Merrill (707) 826-8950
  • (Sonoma, Marin, San Francisco & San Mateo Counties) Nancy Cave (415) 904-5260
  • (Santa Cruz, Monterey & San Luis Obispo Counties) Madeline Cavalieri (831) 427-4863
  • (Santa Barbara & Ventura Counties, Malibu & Santa Monica Mountains) Steve Hudson (805) 585-1800
  • (Los Angeles County) Teresa Henry (562) 590-5071
  • (Orange County) Karl Schwing (562) 590-5071
  • (San Diego County) Deborah Lee (619) 767-2370
  • (Energy and Ocean Resources) Alison Dettmer (415) 904-5240
  • (Federal Consistency) Mark Delaplaine (415) 904-5280
  • (Statewide) Vanessa Miller (415) 904-5200
  • A Telecommunication Device for the Deaf (TDD) is available at (415) 904-5200.

The Coastal Commission is not equipped to receive comments on any official business by electronic mail. Any information relating to official business should be sent to the appropriate Commission office using U.S. Mail or courier service.

COMMISSION OFFICES
Office Address Public Number
North Coast District 1385 8 th Street, Suite 130
Arcata, CA 95521
707-826-8950
North Central Coast District 45 Fremont Street Suite 2000
San Francisco CA 94105-2219
415-904-5260
Central Coast District 725 Front Street Suite 300
Santa Cruz CA 95060-4508
831-427-4863
South Central Coast District 89 S. California Street Suite 200
Ventura CA 93001-2801
805-585-1800
South Coast District 200 Oceangate 10th Floor
Long Beach CA 90802-4325
562-590-5071
San Diego Coast District 7575 Metropolitan Drive Ste. 103
San Diego, CA 92108-4402
619-767-2370
Headquarters Office 45 Fremont Street Suite 2000
San Francisco CA 94105-2219
415-904-5200