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December 2004 Agenda

Hyatt Regency
5 Embarcadero Center
San Francisco, CA 94111
(415) 788-1234

This has been updated at 3:45 p.m. Wednesday,  December 15, 2004.


10:00 A.M.

WEDNESDAY, DECEMBER 8, 2004

1. CALL TO ORDER.

2. ROLL CALL.

3. ELECTION of CHAIR and VICE CHAIR, and SELECTION of REPRESENTATIVE to SANTA MONICA MOUNTAINS CONSERVANCY. [Meg Caldwell, Chair; Pat Kruer, Vice-Chair; Edward Laurence Albert, Representative to the Santa Monica Mountains Conservancy; Deborah Ruddock, Alternate Representative]

SAN DIEGO COAST DISTRICT

4. ADMINISTRATIVE PERMIT APPLICATION.  See AGENDA CATEGORIES.

a. Application No. 6-04-131 (Day, Solana Beach)  Application of Darren & Shannon Day for 539 sq.ft. apartment on site of single-family home, at 1510 Highland Drive, Solana Beach, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]

5. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 6-04-43 (San Diego Famosa Slough Repairs)  Application of City of San Diego to repair erosion damage and replant slope damaged by water line breaks alongside Famosa Slough, at Famosa Blvd. & Rialto Street, Peninsula, San Diego, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

b. Application No. 6-04-122 (Wunch, San Diego)  Application of Mark Wunch for 3,668 sq. ft. 2-story duplex and two attached 2-car garages on 4,806 sq. ft. lot on north side of Venus Street, one lot east of Camulos Street, Peninsula, San Diego, San Diego County. (LRO-SD)  [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT

6. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 5-04-301 (Penco Investments, Newport Beach)  Application of Penco Investments, L.L.C to remove and replace floating dock with new dock and 14’ x 10’ pier with 17ft approach, 3’ x 24’ gangway, 35’ x 6’ finger with 4’ x 4’ lobe, two 14 inch T piles & two 12 inch round steel piles coated with NSP 120, at 321 East Bay Front, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-04-345 (M.C.C., Redondo Beach)  Application of M.C.C. Redondo Beach II, L.L.C to replace 20-ft-high “Redondo Beach Marina” sign with 20-ft-high illuminated sign in same location, at 181 North Harbor Drive (at Portofino Way), Redondo Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-04-381 (Churm, Newport Beach)  Application of Peter Churm, Trustee to add 8’ x 20’ extension to existing dock (existing dock consists of 5’ x 30‘ gangway, an 7’ x 10’ backwalk, 7’ x 22’ dock, 3’ x 16’ ramp, and 7’ x 12’ pier) with no new piles, at 524 Via Lido Nord, Newport Beach, Orange County. (LO-SD) [APPROVED WITH CONDITIONS]

d. Application No. 5-04-385 (Caward, Newport Beach)  Application of Harold Caward to remove and replace existing dock system “like-for-like” consisting of two 4’ x 50’ fingers, 19’ backwalk and 3’ x 24’ gangway, and re-deck existing 10’ x 14’ pier with TREX composite materials, with no new piles, at 527 Via Lido Soud, Newport Beach, Orange County. (LO-SD) [APPROVED WITH CONDITIONS]

7. CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-04-394 (Haimes, Los Angeles)  Application of Ted & Nicole Haimes to remodel and add to 2-story single-family home, resulting in 28'-ft-high 2,373 sq.ft. home with attached garage, on canal-front (Eastern Canal) lot, at 469 Sherman Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-04-395 (Coats, Los Angeles)  Application of Alan Coats, Trustee to remodel and construct 2-story addition to existing 1-story single-family home resulting in 30-ft-high 2,388 sq.ft. home with attached garage, on canal-front lot, at 432 Howland Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

9. CONSENT RESTORATION ORDER CCC-04-RO-6 and CEASE & DESIST ORDER No. CCC-04-CD-14 (SONGS, San Diego Co.)  Public hearing and Commission action on proposed Settlement Agreement, Consent Restoration and Cease & Desist Order directing Southern California Edison Company (SCE) to cease from conducting or maintaining further unpermitted removal of rare and endangered coastal brush scrub, and to restore and revegetate disturbed areas of Environmentally Sensitive Habitat next to SCE facility at South Bluff area of San Onofre Nuclear Generation Station (SONGS), and additional planting of appropriate native coastal sages scrub plant species at adjacent property owned by State Parks,  in northern San Diego County.  (SC-SF) [APPROVED]

9.5 CEASE & DESIST ORDER CCC-04-CD-11 and RESTORATION ORDER CCC-04-RO-4 (Knipe, Los Angeles Co.) Public hearing and Commission action on proposed Cease & Desist Order directing Victor & Susan Knipe to cease and desist from maintaining equestrian facilities and confining horses in said facilities without a permit at 25575 Piuma Road, Calabasas, and on adjacent property owned by Rossco Holdings, Inc. (formerly Quaker Corp.) that is subject to an offer-to-dedicate fee interest, and refrain from conducting future unpermitted development at the sites; and proposed Restoration Order requiring the Knipes to remove unpermitted development and restore the sites to their pre-violation condition pursuant to plan to be approved by the Executive Director. (CD-SF) [POSTPONED]

ENERGY, OCEAN RESOURCES and WATER QUALITY

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

a. Santa Barbara Co. Revised Post-LCP Certification Jurisdiction Maps.  Public hearing and action on revised maps that depict areas in Santa Barbara County 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]

b. Santa Barbara Co. LCP Amendment SB-MAJ-2-04 (oil & gas).  Public hearing and action on request by County of Santa Barbara to amend its Land Use Plan & Implementation to require pipelines as primary mode of transport for oil extracted offshore and transported to onshore facilities in County, and timely removal of abandoned onshore oil & gas facilities. (RTB-SF) [POSTPONED]

11. COASTAL PERMIT APPLICATION.  See AGENDA CATEGORIES.

a. Appeal No. A-3-04-35 (PG&E, San Luis Obispo Co.)  Appeal by PG&E, Mothers For Peace, Sierra Club Santa Lucia Chapter and Commissioners Nava & Wan from decision of County of San Luis Obispo granting permit with conditions to Pacific Gas & Electric Company for Independent Spent Fuel Storage Installation (ISFSI) to store used nuclear fuel at Diablo Canyon Nuclear Power Plant, near Avila Beach, San Luis Obispo County. (TL-SF) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

12. 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.

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

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

a. Carlsbad LCP Amendment No. 2-04A (Agricultural Mitigation Fee).  Public hearing and action on request by City of Carlsbad to amend its certified local coastal program (land use & implementation) to replace State Coastal Conservancy with City of Carlsbad as administrator of agricultural mitigation fee program and to update list of allowable uses for the program. (WNP-SD) [POSTPONED]

b. San Diego LCP Amendment No. 1-04B Time Extension.  Public hearing and action to extend time limit for Commission action up to one year for City of San Diego LCP Amendment No. 1-04B to remove certain properties from Residential Tandem Parking Overlay zone and Transit Area Overlay zone. (LRO-SD) [Time Extension APPROVED]

15. NEW APPEAL.  See AGENDA CATEGORIES.

a. Appeal No. A-6-04-81 (Hendrick, Encinitas)  Appeal by Robert W. Marshall from decision of City of Encinitas granting permit with conditions to Mark & Sena Hendrick to demolish single-family home and construct 3,376 sq. ft. 2-story single-family home with 1,604 sq. ft. basement garage, on blufftop lot, at 736 Fourth Street, Encinitas, San Diego County. (GDC-SD) [NO SUBSTANTIAL ISSUE FOUND]

16. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 6-04-39 (Solana Beach parking lots)  Application of City of Solana Beach to redevelop beachfront park resulting in loss of 62 parking spaces and construct 124-space parking lot, at Fletcher Cove Beach and 140 South Sierra Avenue, Solana Beach, San Diego County. (GDC-SD) [POSTPONED]

b. Application No. 6-04-46 (Lynch, San Diego Co.)  Application of Michael & Gertrude Lynch to remove shed, plant native grasses in approved habitat buffers, and construct 981 sq. ft. garage, pool, 672 sq. ft. barn, corral fence and 2-story 3,027 sq. ft. addition to 2-story 3,192 sq. ft. single-family home, with 1,500 cu.yds. of grading, at 4142 Stonebridge Lane, Rancho Santa Fe, San Diego County. (WNP-SD) [POSTPONED]

c. Application No. 6-04-105 (UCSD, San Diego)  Application of University of California, San Diego to construct 4-story 80,000 sq. ft. building to include classrooms, seminar rooms, offices, conference rooms, student work & study areas, multipurpose room & dining areas and landscaping, at North Campus, north of Eleanor Roosevelt College and west of Ridge Walk, UCSD Campus, La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-04-114 (UCSD, San Diego)  Application of University of California, San Diego to expand student center to include new restaurant, lounge, meeting space and expand facilities for Women's Center, just south of The Mandeville Arts Center, Muir College, UCSD Campus, La Jolla, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

e. Application No. 6-04-121 (Benedetto, San Diego)  Application of Larry Benedetto & Dana Schwartz to demolish single-family home and construct 1,575 sq. ft. 3-story single-family home & attached 2-car garage, at 3735 Strandway, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

17. 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. Application No. 6-86-466-A3 (Lewis, San Diego Co.)  Request by Craig Lewis to amend permit for single-family home to construct smaller 5,226 sq.ft. single-family home on existing graded pad, at 3981 Stonebridge Court, Rancho Santa Fe, San Diego County. (BP-SD) [APPROVED WITH CONDITIONS]

b.  Permit No. A-6-99-133-A (Ligouri, Oceanside)  Request by Thomas Ligouri to amend permit for single-family home to add fences and walls, at 1731 South Pacific Street, Oceanside, San Diego County. (WNP-SD) [POSTPONED]

c. Permit No. 6-03-127-A2 (SD Co. Water, Encinitas)  Request by San Diego County Water Authority to amend permit for wetland enhancement to extend grading period up to February 14 and incorporate additional stormwater control and erosion prevention measures, at south of Manchester Avenue and El Camino Real, Encinitas, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT

18. 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.

a. Huntington Beach LCP Amendment No. HNB-MAJ-1-03 Certification Review.  Concurrence with Executive Director’s determination that action by City of Huntington Beach, accepting certification of Amendment No. 1-03 with modifications, is legally adequate. (MV-LB) [APPROVED]

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

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

a. Manhattan Beach LCP Amendment No. MNB-MAJ-2-04 Time Extension.  Public hearing and action to extend time limit for Commission action up to one year for certification of City of Manhattan Beach LCP Amendment No. 2-04 to allow sporting events charging paid admission for no more than 25 % of seats in OS (Open Space) land use district (i.e., the beach). (CP-LB) [APPROVED]

b. Long Beach LCP Amendment No. LOB-MAJ-2-04 (Dry Boat Storage & Self Storage) Time Extension. Public hearing and action to extend time limit for Commission action up to one year for certification of City of Long Beach LCP Amendment No. 2-04 to amend certified City of Long Beach LCP that regulates recreational vehicle storage, dry boat storage and other self-storage facilities. (CP-LB) [APPROVED]

21. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 5-02-142 (San Clemente, beach replenishment)  Application of City of San Clemente for five-year opportunistic beach replenishment project involving 300,000 cu.yds. of beach quality material per year, on four beaches, delivered by truck or rail and placed by conventional earth moving equipment (e.g. bulldozer), and pre- and post-monitoring of biological, physical, and recreational impacts, at North Beach, Linda Lane, T-Street North & T-Street South, San Clemente, Orange County. (DL-SD) [APPROVED WITH CONDITIONS]

b Application No. 5-03-100 (Halfacre, Newport Beach)  Application of Marion & Lulu Halfacre to convert basement of single-family home to living area, construct deck, sundeck on bluff face and stairway down to toe of bluff, and remove and replace existing side yard & rear yard fences, at 3425 Ocean Blvd., Corona Del Mar, Newport Beach, Orange County (FSY-LB) [TO CONTINUE]

c. Application No. 5-03-417 (Talbott, Newport Beach)  Application of Michael & Cynthia Talbott for 5,073 sq.ft. 1-story single-family home on existing building foundation and site with existing 718 sq.ft. garage, on blufftop lot, next to Upper Newport Bay Ecological Reserve, at 1900 Galaxy Drive, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-04-35 (Hoff, Newport Beach)  Application of Robert & Ann Hoff to substantially demolish, re-construct and add 855 sq.ft. to 1-story 4,242 sq.ft. home, demolish attached 691 sq.ft. garage, construct 799 sq.ft. garage, substantially re-construct staircase from home to beach, and remove and replace pool & spa, with no grading, on coastal bluff top lot, at 4521 Brighton Road, Corona Del Mar, Newport Beach, Orange County. (FSY-LB) [POSTPONED]

e. Application No. 5-04-286 (Los Angeles Co. storm drains, Los Angeles)  Application of Los Angeles County Dept. Of Public Works Programs Development Div. to repair three reinforced concrete box drains and outlets, and install protection barrier & 200-ft-long protection skirt along sides of one drain, at Culver Blvd. & Vista Del Mar, Imperial Highway & Vista Del Mar, Sandpiper Street & Vista Del Mar, Los Angeles, Los Angeles County. (AJP-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-04-320 (Sewell & LaValle, Huntington Beach)  Application of Joel Sewell & Neilia LaValle to move bulkhead 28 feet channel-ward, backfill 265 cu.yds. between existing bulkhead & new bulkhead to create additional rear yard, and construct 44-ft-long concrete deck cantilevered 5’ over new bulkhead, at 16141 Santa Barbara Lane, Huntington Beach, Orange County. (MV-LB) [WITHDRAWN]

g. Application No. 5-04-362 (Mariners Bay & Los Angeles Co.)  Application of Mariners Bay Company and Los Angeles County Department of Beaches & Harbors to replace boat dock fingers (perpendicular dock extensions from walkway) within 407-slip anchorage, with no change to number, size, or configuration of existing boat slips, at 14000 Palawan Way, Marina Del Rey, Los Angeles County. (AJP-LB) [APPROVED WITH CONDITIONS]

h. Application No. 5-04-375 (Western Urban Ventures, Santa Monica)  Application of Western Urban Ventures, L L C for mixed-used project (250 sq.ft. of retail space on ground floor along Main Street, 7 apartments above and 16 space garage on ground floor behind retail space, using mechanical parking lift system for 8 of the spaces), at 2216 Main Street, Santa Monica, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

i. Application No. 5-03-529 (Yuji Enterprise, San Clemente) Application of Yuji Enterprise Inc. to add 49 outdoor seats at existing restaurant without any additional parking spaces, at 1814 North El Camino Real, San Clemente, Orange County. (DL-SD) [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:

Blanton et al. v. State of California, CCC (Govt. Code §11126(e)(2)(A))
Sierra Club v. CCC (Luers, RPI) (Govt. Code §11126(e)(2)(A))
CCC v. Pacific Alliance Holdings, Inc. et al. (Govt. Code §11126(e)(2)(A))
McNamee v. CCC et al. (Govt. Code §11126(e)(2)(A))
Western States Petroleum Assn. v. CCC et al. (Govt. Code §11126(e)(2)(A))
Western States Petroleum Assn. v. U.S. Environmental Protection Agency (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).

22. FEDERAL CONSISTENCY REPORT.  Report by the Division Supervisor on Negative Determinations issued by the federal consistency staff, and status report on other major non-energy federal consistency matters. (MPD-SF)

23. FEDERAL CONSISTENCY.  See AGENDA CATEGORIES.

a. CC-48-04 (North County Transit District, Del Mar)  Consistency Certification by North County Transit District for Del Mar Bluffs Stabilization Project, between 15th Street & south end of Del Mar, San Diego County. (MPD-SF) [POSTPONED]

24. APPROVAL OF MINUTES.

25. COMMISSIONERS' REPORTS.

26. CONSERVANCY REPORT.

27. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

28. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Nonpoint Source Program Contract. Authorization for Executive Director to enter into agreement with State Water Resources Control Board for Commission to continue implementation of the Plan for California’s Nonpoint Source Pollution Control Program. (ALW-SF) [APPROVED]

b. Joint management plan review of Cordell Bank, Gulf of the Farallones, and Monterey Bay National Marine Sanctuaries. Briefing by Gulf of the Farallones National Marine Sanctuary staff on National Marine Sanctuary Program’s management plan review process and proposed changes to Sanctuaries’ Designation Documents. (RCE-SF)