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MARCH 2004 AGENDA

Hyatt Regency Monterey
1 Old Golf Course Road
Monterey, CA 93940
(831) 372-1234
 

This has been updated at 1:45 p.m., Friday, March 6, 2015.
 

10:00 A.M.

WEDNESDAY, MARCH 17, 2004

1. CALL TO ORDER.

2. ROLL CALL.

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

Blanton, et al. v. State of California, CCC and consolidated cases (Govt. Code § 11126(e)(2)(A))
Stegall v. County of Santa Barbara, CCC and related cases (Govt. Code § 11126(e)(2)(A))
Geffen v. Access For All, CCC, et al. (Govt. Code § 11126(e)(2)(A))
Mt. Holyoke Homes et al. v. CCC (Schelbert, RPI) (Govt. Code § 11126(e)(2)(A))
McAllister v. County of Monterey, CCC, et al. (Laube & Engel, RPI) (Govt. Code § 11126(e)(2)(A))
City of Goleta, et al. v. CCC, et al. (Govt. Code § 11126(e)(2)(A))
Sierra Club, et al. v. CCC, et al. (Soka University, RPI) (Govt. Code § 11126(e)(2)(A))
Ailanto Properties, Inc.v. CCC, et al. (Soka University, RPI) (Govt. Code § 11126(e)(2)(A))
Smith v. CCC (Govt. Code § 11126(e)(2)(A))
Big Creek Lumber Co., 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).


SOUTH COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA HEADINGS.

a. Application No. 5-03-445 (Katell, Long Beach) Application of Gerald Katell for 3’x 10’ platform, three mooring davits attached to vertical seawall, new floating dock (46’x 6’) and gangway for recreational boating, at 5558 East Naples Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-03-518 (Fleming & Gabriel, Newport Beach) Application of Anthony Fleming & Richard Gabriel for remove and replace floating dock, gangway, pier & pilings, with new dock (two 4’ x 46’ fingers, one 6’ x 46’ finger, 54’ backwalk and five new 14” concrete piles) and new 5’ x 10’ pier approach (10’ x 14’ pier platform with two 14” “T” concrete piles and 3’ x 24’ gangway), at 1310 & 1314 West Bay Avenue, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-04-4 (Hurd, Newport Beach) Application of Kenneth Hurd to remove and replace floating dock with new dock ( 5’ x 65’ lobe & 6’ x 6’ lobe extension), move 3’ x 24’ gangway, install 4’ x 5’ gangway lobe with one new 14” concrete pile and move two 18” concrete pilings, with no work on existing pier, at 220 Via Lido Nord, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-04-15 (Grosch, Newport Beach) Application of Greg Grosch to remove and replace boat dock with new wedge-shaped 45' x 28' x 42' dock with 3' x 24' gangway, three 16" concrete piles, and 4' x 5' landing supported by one 14" concrete "T" pile, at 223 Evening Star Lane, Newport Beach, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]

4. CONSENT CALENDAR. See AGENDA HEADINGS.

a. Application No. 5-03-62 (Long Beach Marine Bureau) Application of City of Long Beach, Marine Bureau to renovate and convert three floating commercial recreation docks to one long dock (447’x 8.5’) with 13 new concrete piles and three existing piers and gangways, near 205 Marina Drive, Long Beach, Los Angeles County. (CP-LB)[APPROVED WITH CONDITIONS]

b. Application No. 5-03-485 (Diamond, Long Beach) Application of Arlen Diamond, Trust to add to existing L-shaped dock to create U-shaped dock with one new pile, and renovate existing pier & gangway, at 5635 Sorrento Drive, Naples Island, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL COAST DISTRICT

5. 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.

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

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

a. Santa Barbara Co. LCP Amendment No. 2-03 (Second Units) Time Extension. Public hearing and action to extend time limit to act on request by County of Santa Barbara to amend its LCP to revise existing regulations regarding permitting and appeal procedures for residential second units. (SLG-V) [APPROVED]

b. UCSB LRDP Amendment No. 2-03 (Campus Parking Structure 3) Time Extension. Public hearing and action to extend time limit to act on request by University of California, Santa Barbara to amend its Long Range Development Plan (LRDP) to change maximum height limit for proposed campus parking structure, on Main Campus at University of California Santa Barbara, Santa Barbara County. (SLG-V) [APPROVED]

8. APPEAL of FILING DECISION on No. 4-02-149 (Long, Los Angeles Co.) Public hearing and action on appeal by Alan Long of Executive Director’s decision to reject the filing of an amendment to Permit No. 4-02-149 to relocate three horse arena light poles and install new light pole to the approved daytime-use tennis court, at 3814 Latigo Canyon Road, near Malibu, Los Angeles County. (JCJ-V) [WITHDRAWN]

9. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGSAttention: 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 HEADINGS) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.

a. Application No. 4-03-25 (Flood Control Dist., Santa Barbara Co.) Application of Santa Barbara County Flood Control District for flood control activities (removal of 2,000-30,000 cu.yds. of sediment through annual desilting, discing in late fall, application of herbicide in spring & summer, and revegetation with non-native grass), along 35 to 40-ft-wide 1.4-mile reach of Atascadero Creek, Santa Barbara County. (SLG-V) [POSTPONED]

b. Application No. 4-03-28 (Buyink, Los Angeles Co.) Application of Frank & Myrna Buyink for 35-ft-high 5,200 sq.ft. single-family home, 600 sq.ft. garage, 750 sq.ft. guest house, driveway, septic system, and 2,400 cu.yds. of grading including remediation, at 25080 Mulholland Highway, Calabasas, Los Angeles County. (JCJ-V) [APPROVED WITH CONDITIONS]

10. PERMIT AMENDMENTS. See AGENDA HEADINGS. An Amendment below may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed like other Consent Calendar items (See above) except that if that item is subsequently removed from the Consent Calendar by a vote of 3 or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner material amendments are processed.

a. Permit No. 5-90-1103-A2 (Betz, Los Angeles Co.) Request by Edward Betz to modify approved grading plan (3,000 cu.yds. cut & 3,000 cu.yds. fill) to include 6,250 cu.yds. of cut & 6,246 cu.yds. of fill, at 25066 Mulholland Highway, Santa Monica Mountains, Los Angeles County. (BJC-V) [POSTPONED]

b. Permit No. 4-96-60-A2 (Serra Canyon, Malibu) Request by Serra Canyon Property Owners Association to remove concrete slab at-grade crossing and construct 16-ft-wide 190-ft-long concrete bridge with three piers and two abutments, at Cross Creek Road & Malibu Creek, Malibu, Los Angeles County. (BJC-V) [APPROVED WITH CONDITIONS]

11. FINDINGS. See AGENDA HEADINGS.

a. Application No. 4-02-19 (Bren-Haley, Los Angeles Co.) Bren-Haley, Inc. granted permit with conditions for single-family home, attached garage, detached guest house & garage, cabana, pool, deck, driveway, septic system, water tank and grading, at 25858 Mulholland Highway, near Malibu, Los Angeles County. (KK-V) [APPROVED]

ENERGY, OCEAN RESOURCES AND WATER QUALITY

12. FEDERAL CONSISTENCY. See AGENDA HEADINGS.

a. CD-109-03 (EPA, Southern California) Consistency determination by United States Environmental Protection Agency for new general National Pollutant Discharge Elimination System (NPDES) permit for discharges from 22 offshore oil & gas platforms in federal waters off southern California. (AJD-SF) [DENIED]

NORTH COAST DISTRICT

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

14. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA HEADINGS.

15. NEW APPEALS. See AGENDA HEADINGS.

a. Appeal No. A-1-03-52 (Edge Wireless & King, Mendocino Co.) Appeal by Arthur Firstenberg and James & Bettilou Lovera from decision of County of Mendocino granting permit with conditions to Edge Wireless and Charles & Pamela King for wireless telecommunications (cellular) facility consisting of antenna concealed below deck of existing home, radio cabinet in existing garage, new underground electrical and telephone services, and underground coaxial cable from radio cabinet to antenna, at 9950 Brewery Gulch Road, Mendocino, Mendocino County. (RPS-E) [NO SUBSTANTIAL ISSUE FOUND]

b. Appeal No. A-1- 03-62 (Mello, Mendocino Co.) Appeal by Friends of Schooner Gulch from decision of County of Mendocino granting permit with conditions to Dr. Frank & Julia Mello to construct 2,070 sq.ft. 18-ft-high single-family home, 720 sq.ft. 15-ft-high detached garage, septic system & driveway, convert test well to production well, install water tank, connect to utilities, and plant trees to screen buildings from public viewpoints, at 27232 Warren Drive, near Point Arena, Mendocino County. (JB-E)  [SUBSTANTIAL ISSUE FOUND, de Novo Hearing TO CONTINUE]

 c. Appeal No. A-1-03-69 (Hunt, Mendocino Co.) Appeal by Friends of The Ten Mile from decision of County of Mendocino granting permit with conditions to Robert A. Hunt for 18-ft-high 3,855 sq.ft. single-family home over 3,245 sq.ft. garage, 2,550 sq.ft. patio, driveway, gate, well, propane & oil tanks, septic system and connection to utilities, at 28300 North Highway One, Inglenook, Mendocino County. (RPS-E) [POSTPONED]

16. PERMIT AMENDMENT. See AGENDA HEADINGS. 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. 1-00-25-A (Fish & Game, Humboldt Co.) Request by California Department of Fish & Game to amend permit for wetland restoration to excavate 3-acre basin in and next to seasonally-inundated sloughs, install water control structure, and place 11,400 cu.yds. of spoil material 1-2 feet deep on 8,435 linear feet of road, at Fay Sough Wildlife Area between Eureka and Arcata, next to northbound Highway 101 at north City limits of Eureka, Humboldt County. (RSM-E) [APPROVED WITH CONDITIONS]

16.5. LOCAL COASTAL PROGRAM (LCP). See AGENDA HEADINGS.

a. Del Norte Co. LCP Amendment No. DNC-MAJ-1-3 (Redland Company). Public hearing and action on request by Del Norte County to amend certified Implementation Plan to rezone 9.4-acre lot from Rural Residential (RR-1) to Rural Residential with Density Combining Zone (RR-1-D). (JB-E) [POSTPONED]

SOUTH COAST DISTRICT

17. DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the commission's Long Beach office at (562) 590-5071.

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

19. NEW APPEAL. See AGENDA HEADINGS.

a. Appeal No. A-5-04-59 (Linden, Long Beach) Appeal by Beverly B. Milner from decision of City of Long Beach granting permit to James Linden for 3-story single-family home with reduced garage setback, reduced front yard setback, oversized curb cut, reduced street side yard setback from 12th Place and relief from lot coverage limit, at 1724 Bluff Place, Long Beach, Los Angeles County. (CP-LB) [SUBSTANTIAL ISSUE FOUND, de Novo Hearing TO CONTINUE]

20. COASTAL PERMIT APPLICATIONS. See AGENDA HEADINGSAttention: 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 HEADINGS) 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. 5-03-78 (Buchanan, Huntington Beach) Application of Greg & Anne Buchanan for 5/8 inch thick plastic sheet pile next to outside facing of existing bulkhead, running 50 foot length of site, at 16822 Baruna Lane, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-03-328 (Carey, Redondo Beach) Application of Tim Carey Trust to replace non native vegetation with natives to establish habitat for El Segundo blue butterfly, install wood stairway down bluff face and covered observation deck at lower part of bluff, on residential coastal bluff lot, at 613 Paseo De La Playa, Redondo Beach, Los Angeles County. (MS-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-03-393 (Daichendt, Laguna Beach) Application of Gary & Cathy Daichendt to demolish guest house, remodel single-family home resulting in 11,694 sq.ft. 3-story (no change in height) home, with attached 526 sq.ft. garage, construct 772 sq.ft. detached garage, and remodel and add 63 sq.ft. to detached 539 sq.ft. 2 story pool house, on ocean front bluff top lot, at 2633 Riviera Drive, Laguna Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-03-451 (Fish & Game, Newport Beach) Application of California Department of Fish & Game to demolish 8,594 sq.ft. of structures, construct 31-ft-high 13,000 sq.ft. Back Bay Science Center & Water Quality Testing Laboratory with 4 wings and 8,800 cu.yds. of grading, at Shellmaker Island, Back Bay Drive & Shellmaker Road, Newport Beach, Orange County. (FJS-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-04-42 (HEG, San Clemente) Application of HEG Enterprises, Inc. to improve concession stand, expand seating, enclose patios with wind screens, replace asphalt with interlocking pavers, and add evening operating hours (5pm-11pm) for exclusive restaurant use, inland of San Clemente Pier, at 611 Avenida Victoria, San Clemente, Orange County. (ALB-LB) [APPROVED WITH CONDITIONS]