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DECEMBER 2014 AGENDA


PORTOLA PLAZA HOTEL
2 PORTOLA PLAZA
MONTEREY, CA 93940 

(415) 407-3211

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


This has been updated at 12:26 p.m. on Tuesday, January 27, 2015 
Please note: agenda items are subject to change.

  1.  1. CALL TO ORDER.
  2.  2. ROLL CALL.
  1.  3. Public Workshop: Lower Cost Visitor Serving Accommodations. Public workshop and discussion focusing on lower cost visitor serving accommodations in the coastal zone. (MC-SC) 

    The Public Workshop will run from 9:00 a.m. to 12:30 p.m. 
    The agenda will resume with Item 4 following the lunch break, at approximately 1:30 p.m.

  2.  4. ELECTION OF OFFICERS. Commission consideration and possible vote on the election of officers and representatives to the Santa Monica Mountains Conservancy and the Santa Monica Bay Restoration Commission.
  3.  5. AGENDA CHANGES.
  4.  6. GENERAL PUBLIC COMMENT. Public comments will be heard approximately at 1:30 pm for items not on the agenda, for no more than 30 minutes. 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.  7. CHAIR'S REPORT.

STATEWIDE

  1.  8. EXECUTIVE DIRECTOR'S REPORT.
    1.  a. Director's Report
    2.  b. Courier Service Contract. Public hearing and action by Commission authorizing Executive Director to enter into contract for courier services for pouch and package delivery service between Commission offices and to and from Commission meeting sites. (SH-SF) APPROVED
    3.  c. Annual Report of the Conservation/Open Space OTD Program. Report on Status of Conservation & Open Space Offers to Dedicate Easements. (AH-SF)
    4.  d. Briefing on Civil Service Hiring/Recruitment and Agency Diversity. (MW/SH-SF)

SOUTH COAST DISTRICT (ORANGE COUNTY)

  1.  9. CONSENT CALENDAR. See AGENDA CATEGORIES.
    1.  a. Application No. 5-14-0664 (McCarthy, Newport Beach) Application of Kevin and Yvette McCarthy to demolish 2-story duplex, grade and construct new 2,144 sq.ft., 29 ft. tall, 3-story single-family home with attached 376 sq.ft., 2-car garage, patio, and planters, and 3-ft. high perimeter wall with wood gate extending 15 feet into encroachment zone of public beach, located at 5305 Seashore Dr., Newport Beach, Orange County. (FSY-LB) APPROVED WITH CONDITIONS
    2.  b. Application No. 5-14-1673 (Scheel, San Clemente) Application of Norman and Lisa Scheel to demolish single-story family home with attached garage and construct new 2-level, 4,379 sq.ft. single-family home with attached 785 sq.ft. 2-car garage, new landscaping walls, retaining walls, site property walls, new pool and spa, landscape, hardscape and drainage improvements on 10,010 sq.ft. coastal canyon lot, at 512 Avenida La Costa, San Clemente, Orange County. (LR-LB) APPROVED WITH CONDITIONS

ENFORCEMENT

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

    [Items 11 and 12, below share a single, combined staff report]

  2.  11. COMMISSION CONSENT CEASE & DESIST ORDER No. CCC-14-CD-05 (Beim, Carlsbad) [ADDENDUM]Public hearing and Commission action on proposed administrative consent order directing owners of property at 2381 Buena Vista Circle, Carlsbad, to, among other things, remove unpermitted development, which also violates conditions of previous permit, including walls, decks, walkways and other structures; cease and desist from conducting further unpermitted development, including grading or removal of sensitive vegetation; and resolve associated civil liabilities, in Carlsbad, San Diego County. (MSW-SF) APPROVED
  3.  12. COMMISSION CONSENT RESTORATION ORDER NO. CCC-14-RO-05 (Beim, Carlsbad) [ADDENDUM]Public hearing and Commission action on proposed administrative consent order directing owners of property at 2381 Buena Vista Circle, Carlsbad, to restore that property and an adjacent area adjacent to and within Buena Vista Lagoon disturbed by unpermitted development, which also violates conditions of a previous permit; mitigate for resulting temporal loss of habitat; implement long-term monitoring program; and resolve associated civil liabilities, in Carlsbad, San Diego County. (MSW-SF) APPROVED

SOUTH COAST DISTRICT (ORANGE COUNTY)

  1.  13. 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
  2.  14. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
  3.  14.5 LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
    1. a. City of Newport Beach LCP Amendment No. LCP-5-NPB-14-0820-2 (Back Bay Landing) Time Extension. Public hearing and action to extend the 90-day time limit for Commission action for up to one-year on request by the City of Newport Beach to amend the certified Coastal Land Use Plan to change the land use designation of a 6.97-acre portion of the 31-acre property located at 300 East Coast Highway, from Recreational and Marine Commercial (CM-B) to Mixed-Use Horizontal (MU-H), as well as establish a site-specific development policy, and exception to the 35-foot Shoreline Height Limitation Zone. (MS-LB) APPROVED
  4.  15. NEW APPEALS. See AGENDA CATEGORIES.
    1. a.  Appeal No. A-5-LGB-14-0037 (Koga Properties, Laguna Beach) Appeal by Commissioners Shallenberger and Bochco of City of Laguna Beach's approval of permit to Koga Properties for demolition of single-family home and construction of new 5,559 sq.ft. single-family home with attached 2-car garage, decks, fencing, pool, spa and landscaping on oceanfront lot, located at 23 Lagunita Drive, Laguna Beach, Orange County. (LR-LB) Postponed
  5.  16. 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. a.  Application No. 5-14-1291 (South Coast Water District, Laguna Beach) Application of South Coast Water District to construct 4,176 feet of tunnel and sewer pipelines under bluffs within Three Arch Bay to replace existing aging tunnel and pipeline, and repair 7 existing entryways to the tunnel system on the bluff face, at Three Arch Bay, Laguna Beach, Orange County. (ZR-LB) APPROVED WITH CONDITIONS

SAN DIEGO COAST DISTRICT

  1.  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 San Diego office at (619) 767-2370. APPROVED
  2.  18. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIESAPPROVED WITH CONDITIONS
  3.  19. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
    1.  a. City of Carlsbad LCP Amendment No. LCP-6-CII-14-0837-2 (Daybreak Community Church) Time Extension. Public hearing and action to extend the 90-day time limit for Commission action for up to one-year on request by City of Carlsbad to amend the certified Mello II land use plan from Residential Low-Medium (RLM) to RLM and Open Space (OS) on a site located at the southeast corner of Poinsettia Lane and Fisherman Drive and also rezone the property from Limited Control (L-C) to One-Family Residential (R-1) and OS. (DNL-SD) APPROVED
  4.  20. 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.  a. Application No. 6-14-1707 (Caltrans, Carlsbad) Application of California Department of Transportation to perform mitigation project to restore coastal habitats at 8.2 acre Hallmark East Mitigation Site located south of Via Hinton and Via Marta, Carlsbad, San Diego County. (KB-SD) Moved to Consent Calendar, APPROVED WITH CONDITIONS

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:
Arnold Land Co. v. CCC, Govt. Code § 11126(e)(2)(A)
Baltimore Land Co. v. CCC, Govt. Code § 11126(e)(2)(A)
Frank v. CCC, Govt. Code § 11126(e)(2)(A)
CCC v. U.S. Dept. of the 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)
Gradstein et al. v. CCC et al. (Stoloski, RPI), Govt. Code § 11126(e)(2)(A)
Koligian v. CCC, Govt. Code § 11126(e)(2)(A)
Marina Coast Water District v. CCC (California-American Water Co., RPI), Govt. Code § 11126(e)(2)(A)
Save the Park v. CCC (Colmer, RPI), Govt. Code § 11126(e)(2)(A) - see item Thurs. 13a
SDS Family Trust 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). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).
  1.  21.  APPROVAL OF MINUTES.
  2.  22. COMMISSIONERS' REPORTS.
  3.  23. CONSERVANCY REPORT.
  4.  24. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.
  5.  25. SANTA MONICA BAY RESTORATION REPORT.
  6.  26. DEPUTY ATTORNEY GENERAL'S REPORT.