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MAY 2007 AGENDA

CROWNE PLAZA LOS ANGELES HARBOR HOTEL
601 S. PALOS VERDES STREET
SAN PEDRO, CA 
(310) 519-8200

This has been updated at 2:30 p.m., Monday, May 14, 2007. 
 

9:00 A.M.

WEDNESDAY, MAY 9, 2007

1. CALL TO ORDER.

2. ROLL CALL.

NORTH CENTRAL COAST DISTRICT

3. DEPUTY DIRECTOR’S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission’s San Francisco office at (415) 904-5260.

4. CONSENT CALENDAR(Removed from Regular Calendar). See AGENDA CATEGORIES.

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

a. San Mateo County LCP Amendment No. SMC-MAJ-1-06 (Miramar Beach Restaurant)Public hearing and action on request by San Mateo County to change the Land Use Plan (LUP) designation of three parcels from Medium-Low Density Residential to General Commercial (Coastside) and rezone the same three parcels from Single-Family Residential/Design Review (R-1/S-94/DR) to Parking Design Review (P/DR). (RP-NCC).  [APPROVED WITH MODIFICATIONS PER STAFF]

5.5 NEW APPEALS.

a. Appeal No. A-2-HMB-07-15 (Oliva, Half Moon Bay)  Appeal by Coastal Commissioners Reilly and Blank from decision of City of Half Moon Bay granting permit to Francisco Oliva for construction of a 2,500 square foot two-story single family residence, at 2788 Pullman Avenue, Half Moon Bay, San Mateo County. (YLZ-NCC) [SUBSTANTIAL ISSUE FOUND, de Novo Hearing TO CONTINUE]

CENTRAL COAST DISTRICT

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 Santa Cruzoffice at (831) 427-4863. 

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

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

a. UCSC CLRDP. Public hearing and action on University of California at Santa Cruz (UCSC)’s proposed Coastal Long Range Development Plan (CLRDP) for an expanded Marine Science Campus on the University’s 100-ac Terrace Point property at the western border of the City of Santa Cruz. Currently, the site is developed with about 325,000 sq. ft. of facilities and related infrastructure, including roughly 140,000 sq. ft. of buildings (associated with UCSC’s Long Marine Laboratory complex, CDFG’s Marine Wildlife Center, and NOAA’s Fisheries Lab). The proposed CLRDP would allow up to approximately  600,000 sq. ft. of new Campus facilities (including about 340,000 sq. ft. in new buildings up to 36 ft. tall) mostly in three development nodes totaling about 34 ac, and would provide for an expanded public access trail system and for natural habitat restoration and preservation in areas outside of development nodes. (DC-SC) [POSTPONED]

b. San Luis Obispo County LCP Amendment No. SLO-MAJ-2-04 Part 1 (Minimum Parcel Sizes and Agriculture Cluster Divisions) Public hearing and action to act on request by San Luis Obispo County to modify the Coastal Zone Land Use Ordinance Section 23.04.024 regarding minimum parcel sizes in the Agriculture land use category; and add Sections 23.04.037 and 23.04.038 regarding cluster divisions in the Agriculture land use category. (JB-SC) [WITHDRAWN]

c.  Santa Cruz County LCP Amendment No. SCO-MAJ-1-06 (Large Family Childcare Homes).  Public hearing and action on request by Santa Cruz County to amend the County’s LCP to allow Large Family Childcare Homes in non-residential zones. (SC-SC)  [APPROVED WITH MODIFICATIONS PER STAFF]

9. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-3-MCO-07-013 (Doud, Big Sur)  Appeal by Commissioners Mike Reilly and Mary Shallenberger from decision of Monterey County granting permit with conditions to John & Jane Doud for lot line adjustment among four parcels at Highway One located between Soberanes Point and Kasler Point, approximately two miles north of Palo Colorado Road, in the unincorporated Big Sur area of Monterey County.  (KM-SC) [POSTPONED]

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. Appeal No. A-3-SLO-05-72 (Patague, Los Osos)  Application of Teodora & Graciano Patague for one conditional certificate of compliance for approximately 2 acre parcel, at Lariat Drive (approximately 1,000 ft. north of Los Osos Valley Road in Estero planning area), Los Osos, San Luis Obispo County.  (JB-SC) [APPROVED WITH CONDITIONS]

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

a. Permit No. A-94-78-A (Cornell, Pacific Grove)   Request by Trent & Lola Steinbaum Cornell to remodel and add 1,545 sq. ft. to 2, 549 sq. ft. single family residence in Asilomar Dunes, at 1601 Sunset Drive, Pacific Grove, Monterey County. (MW-SC) [POSTPONED]

ENFORCEMENT

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

a. Commission Cease and Desist Order No. CCC-07-CD-01 (Schiavon/Smith – San Mateo County) Public hearing and Commission action on proposed Cease and Desist Order directing Schiavon & Associates and Robert Smith to cease from conducting further unpermitted development and from maintaining unpermitted paved and unpaved roads, fill within and adjacent to a wetland, fencing, and stored construction equipment and materials, and to address the removal of unpermitted development; located on a 52.83 acre property off Frenchman’s Creek Road in San Mateo County, APN 048-310-190. (ANM-SF) [POSTPONED]

b. Commission Restoration Order No. CCC-07-RO-01 (Schiavon/Smith – San Mateo County) Public hearing and Commission action on proposed Restoration Order to address restoration of wetland areas disturbed by unpermitted grading, graveling and paving of a road, removal of major vegetation, and storage of construction equipment and materials, with restorative grading and revegetation of native plant species; directed to Schiavon & Associates and Robert Smith, located on a 52.83 acre property off Frenchman’s Creek Road in San Mateo County, APN 048-310-190.  (ANM-SF) [POSTPONED]

SOUTH CENTRAL COAST DISTRICT

13. DEPUTY DIRECTOR'S REPORT.  Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public.  For specific information contact the Commission's Ventura office at (805) 585-1800

a. Santa Barbara City College Public Works Plan Amendment No. 1-2006 (SOMA Building and Parking Expansion Area) Certification Review.  Concurrence with Executive Director’s determination that action by the Santa Barbara City College, accepting certification of PWP Amendment No. 1-2006, with suggested modifications, is legally adequate. (JCJ-V) [APPROVED]

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

14.5 LOCAL COASTAL PROGRAMS (LCPs)

a. City of Oxnard LCP Amendment No. 1-07 (Breakers Way) Time Extension. Public hearing and action to extend 60-day time limit on Commission adoption of revised findings to reject City of Oxnard LCP Amendment No. 1-07. (DC-V) [Time Extension APPROVED]

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

a. Application No. 4-05-180 (Los Angeles County Department of Public Works) Application of Los Angeles County Department of Public Works to remediate active slope failure along 50 ft. section on downslope road shoulder of Hillside Drive.  Slope remediation will involve: 1) excavation of approximately 54 cu. yds. of damaged shoulder; 2) place approximately 105 tons of riprap at bottom of embankment; 3) place and compact approximately 99 cu. yds. of fill material at Hillside Drive 170’ – 277’ south of Mile Marker 1.09, Topanga Canyon, Los Angeles County.  (JCJ-V)  [APPROVED WITH CONDITIONS]   

b. Application No. 4-06-009 (Los Angeles County Department of Public Works) Application of Los Angeles County Department of Public Works to repair roadway, road shoulder, and replace damaged 50-ft. long corrugated pipe culvert.  The project will include placement of approximately 300 cu. yds. of fill material; placement of approximately 44 tons of ungrouted riprap; and revegetation of reconstructed slope with native vegetation at Mile Marker 0.02 on Corral Canyon Road north of Malibu Bowl, Los Angeles County.  (JCJ-V)  [APPROVED WITH CONDITIONS]  

c. Application No.  4-06-042  (Sadler, Calabasas) Application of Gwen and Michael Sadler to construct 351 sq ft. addition to 3,681 sq. ft.,  19 ft. high single family residence, remodel residence, new 1,733 sq. ft., 21 foot high, attached pool enclosure with indoor pool and spa, new attached 577 sq. ft. guest/pool house, remove approximately 105 ft. of two retaining walls and drainage swale, construct two new retaining walls approximately 151 ft. long in combined length and 3 – 10 ft. high and approximately 100 ft. long drainage swale, new fire access stairway and 370 cu. yds. of grading (350 cu. yds. of cut and 20 cu. yds. of fill) at 24641 Dry Canyon Cold Creek Road, Calabasas, Los Angeles County. (JCJ-V) [APPROVED WITH CONDITIONS]

d. Application 4-06-077 (D’Elia, Los Angeles County).   Application of Robert D’Elia to install new, temporary 2,500 gallon corrugated steel water tank at 23200 Red Rock Road, Topanga, Los Angeles County. (MCH-V). [WITHDRAWN]

An addendum has been appended (following the exhibits) to the staff report for item 15e below on Tuesday, May 8.

e. Appeal No. A-4-MAL-06-096 (Silver, City of Malibu)  Application of Kimberly and Arthur Silver to construct 11,158 sq. ft. single-family residence, 5,550 sq. ft. basement, and alternative onsite wastewater treatment system on blufftop lot at 24950 Pacific Coast Highway, Malibu, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS]

f. Application 4-06-132 (Zadeh and Esplana, Los Angeles County).   Application of Kianoush Zadeh and Lisa Esplana to construct three story, 35 ft. high, 3,991 sq. ft. single family residence, attached 1,135 sq. ft. two-car garage and storage area, septic system, water well, water tank, driveway, and turnaround at 24803 Piuma Road, Malibu, Los Angeles County. (MCH-V). [POSTPONED]

16. DISPUTE RESOLUTION.  See AGENDA CATEGORIES.

a. Application No. A-220-80-A2-EDD. Appeal of the Executive Director’s rejection of amendment application submitted by Graham and Brenda Revell proposing to delete Special Condition Two of underlying permit, requiring construction of public accessway improvements along shoreline, including two stairways necessary to provide public access along and over headland bluff at 32340 Pacific Coast Highway, City of Malibu, Los Angeles County. (SLG-V) [POSTPONED]

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:

McNamee v. CCC, et al. (Orange County Sup. Ct. Case No. 04CC07524) Govt. Code § 11126(e)(2)(A)
CCC v. U.S. Department of the Navy et al.  Govt. Code § 11126(e)(2)(A)
Mt Holyoke Homes, et al. v CCC Govt. Code § 11126(e)(2)(A)
CCC v. Michael Allen (LA County Sup. Ct. Case No. SC051985) Govt. Code § 11126(e)(2)(A)
CCC et al. v. Trancas Property Owners Assn. et al. Govt. Code § 11126(e)(2)(A)
Communications Relay Corp. et al. v. CCC et al.  Govt. Code § 11126(e)(2)(A)
Riley et al. v. County of Monterey et al. (California American Water Co., PRI) Govt. Code § 11126(e)(2)(A)
CLEAN et al. v. CCC (Pacific Jewish Center, RPI) Govt. Code § 11126(e)(2)(A)
CLEAN et al. v. CCC (PG&E, RPI) Govt. Code § 11126(e)(2)(A)
Mulholland Land Co. et al. v. CCC 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).

17. APPROVAL OF MINUTES.

18. COMMISSIONERS' REPORTS.

19. CONSERVANCY REPORT.

20. SANTA MONICA MOUNTAINS CONSERVANCY REPORT .

21. SANTA MONICA BAY RESTORATION COMMISSION REPORT .

22. DEPUTY ATTORNEY GENERAL'S REPORT.

23. EXECUTIVE DIRECTOR’S REPORT including report on legislation.