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California Coastal Commission

California Coastal Commission

 

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9:00 A.M.

WEDNESDAY, SEPTEMBER 5, 2007

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-07-141 (Luxenberg, Huntington Beach) Application of Mathew Luxenberg for extension of an existing concrete deck that cantilevers 5' beyond the bulkhead.  Proposed extension will be 16 ft. long and will connect with the rest of the existing deck which wraps around the corner of the lot and extends approximately an additional 65 ft.  Also proposed is a 36 inch high iron fence along the perimeter of the deck at16412 Grimaud, Huntington Beach, Orange County. MV-LB)

b. Application No. 5-07-164 (Harbour Bay Homes Development LLC, Huntington Beach)  Application of Harbour Bay Homes Development LLC to remove wooden cantilevered deck and replace with a 60 ft. long concrete deck cantilevered 5 ft. beyond the bulkhead.  Also proposed is a 36 inch high tempered glass railing along the perimeter of the deck, at 3352 Bounty Circle, Huntington Beach, Orange County. (MV-LB)

c. Application No. 5-07-250 (Burdge, Long Beach) Application of Mr. Don Burdge to remove and replace private residential floating boat dock in same location with no new piles, at 5601 E. Sorrento Drive, Long Beach, Los Angeles County. (CP-LB)

4. CONSENT CALENDAR. See AGENDA CATEGORIES.

Motion and Vote

a. Application No. 5-06-362 (Laurie Jules Partnership, Laguna Beach) Application of Laurie Jules Partnership to construct 2-story, 38-ft. high (measured from frontage road), 2,861 sq. ft. single-family home over 915 sq. ft., 3-car garage, 2,153 cu. yds. of grading, landscaping and fuel modification plan, at 23 N. Vista De Catalina, Laguna Beach, Orange County. (RT-LB)

b. Application No. 5-07-129 (Scheinberg, Newport Beach) Application of Keith Scheinberg for remodel  and addition of 660 square feet of living space to an existing one-story, 3,434 square foot single-family residence with an attached 676 square foot two-car garage on a bluff top lot.  No grading, landscaping or work in the rear yard is proposed, at 1942 Galaxy Drive, Newport Beach, Orange County.  (FSY-LB)

c. Application No. 5-07-160 (Mayer, Pacific Palisades) Application of Kevin C & Donna H Mayer to demolish single family home and construct 11,419 sq. ft., 30 ft.-high, 2-story single family home, over basement level, and attached 3-car garage on 13,616 sq. ft., RE11-1 zoned lot, at 14948 W Altata Drive, Pacific Palisades, Los Angeles County. (GB-LB)

d. Application No. 5-07-190 (Yeung, Venice) Application of Suiping Yeung to demolish 1-story, 1,110 sq. ft. single-family home on 3,150 sq. ft. lot facing walk street, and enlarge remaining 1-story, 772 sq. ft. single family home, resulting in 2-story, 28-ft. high, 2,919 sq. ft. single family home with attached 2-car garage, at 731 Amoroso Pl, Venice, Los Angeles, Los Angeles County. (CP-LB)

e. Application No. 5-07-194 (City of San Clemente, San Clemente) Application of City of San Clemente to reconstruct storm drain in Riviera Canyon consisting of removal and replacement of junction and catch basin at top of slope; abandon buried 10" diameter PVC pipe in place; remove 18" diameter corrugated metal pipe extending approximately 50-ft from face of slope descending to bottom of Riviera Canyon and replace with new 18" HDPE storm drain pipe encased in steel pipe directionally bored into canyon; and add new rip rap at pipe outlet at bottom of canyon, at Avenida de la Riviera/Capri Storm Drain Public Right-of-Way, San Clemente, Orange County. (LR-LB)

f. Application No. 5-07-212 (2126 The Strand, L.L.C, Hermosa Beach) Application of 2126 The Strand, L.L.C to demolish duplex and construct 4,235 sq. ft., 30-ft. high, 2-story single family home with roof deck, over basement and sub-basement levels, with attached 2-car garage on 2,246 sq. ft., beachfront lot, at 2126 The Strand, Hermosa Beach, Los Angeles County.(GB-LB)

g. Application No. 5-07-253 (Brisson, Long Beach) Application of Jean Brisson to remove and replace private pier and gangway in same location using 2 existing piles, at 5501 Sorrento Drive, Long Beach, Los Angeles County. (CP-LB)

SAN DIEGO COAST DISTRICT

5. CONSENT CALENDAR. See AGENDA CATEGORIES.

Motion and Vote

a. Application No. 6-07-47 (SeaWorld, San Diego) Application of SeaWorld of California to install free-standing 4-ft high chain-link fence to delineate preferred parking area within main SeaWorld parking lot and construct attendant control booth at parking area, at 500 Sea World Drive, Mission Bay Park, San Diego, San Diego County. (EL-SD)

b. Application No. 6-07-70 (San Diego outfall anchoring) Application of City of San Diego Metropolitan Wastewater Department to install tieback anchors and grade beam into bluff to brace (for seismic safety) two 84-inch outfall penstocks (pipes) located on face of coastal bluff at Point Loma Wastewater Treatment Plant (PLWTP), at 1902 Gatchell Road, Peninsula, San Diego, San Diego County. (LRO-SD)

c. Application No. 6-07-72 (UCSD, San Diego) Application of University of California, San Diego to remove 5,100 sq. ft. paved area and install landscaping on UCSD campus, at 9500 Gilman Drive (south of the intersection of Voigt Drive and Matthews Lane), La Jolla, San Diego, San Diego County. (LRO-SD)

d. Application No. 6-07-80 (SD Airport Authority, San Diego) Application of San Diego Regional Airport Authority to convert 9,600 sq. ft. food services building to airport administration offices, at 2415 Winship Lane, San Diego, San Diego County. (DL-SD)

SOUTH 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 Ventura office at (805) 585-1800.

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

Motion and Vote

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

a. County of Santa Barbara LCP Amendment No. MAJ-2-06 (Noticing & Appeals). Public hearing and action on request by County of Santa Barbara to amend its LCP to revise the public noticing and appeal process requirements, Santa Barbara County. (SLG-V) [POSTPONED]

9. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-4-MAL-07-095 (Domingue, Malibu) Appeal by Malibu Coalition for Slow Growth and Steve Littlejohn from decision of City of Malibu granting permit to Darren Domingue for construction of 5,200 sq. ft. single family residence, 1,368 sq. ft., attached garage, pool/spa, and alternative onsite wastewater treatment system at 23405 Malibu Colony Drive, Malibu, Los Angeles County. (DC-V)

Motion and Vote

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. Application 4-04-030 (Cordova, Los Angeles County). Application of Denis Cordova to construct 2,194 sq. ft., two story, 29 ft. high single family residence with attached 534 sq. ft. garage; 116 sq. ft. of second story decks; septic system; driveway, retaining walls; 261 cu. yds of removed and recompacted soil; and 541 cu. yds. of grading (314 cu. yds cut; 87 cu. yds fill; 227 cu. yds. export) at 253 Vera Canyon Road, Malibu, Los Angeles County. (MCH-V)

b. Application No. 4-05-146 (Los Angeles County Department of Public Works) Application of Los Angeles County Department of Public Works to re-compact road shoulder and install jute netting and native vegetation in follow-up to an emergency permit issued for slope remediation along Corral Canyon Road, at Mile Marker 2.71, Santa Monica Mountains, Los Angeles County. (DC-V)

c. Application No. 4-06-090 (Johnson, Malibu) Application of John Johnson to improve and widen 1,942 ft.-long driveway to 20 ft.; construct four retaining walls ranging from 126 ft. to 305 ft. long and 2 to 5 ft. high; five drainage devices within easement across four parcels; 4,491 cu. yds. of grading (1,433 cu. yds. of cut and 3,058 cu. yds. of fill); 1,625 cu. yds. of import and landscaping located at 34211 Mulholland Highway, Malibu, Los Angeles County (JJ-V).

d. Application 4-06-152 (Los Angeles County Department of Public Works): Application of Los Angeles County Department of Public Works to repair road embankment below culvert by excavating slope below culvert, placement of approximately 400 tons of un-grouted riprap at mouth of culvert outlet, benching and re-grading of road embankment, and replacement of asphalt road shoulder, at Latigo Canyon Road Mile Marker 6.41, Santa Monica Mountains, Los Angeles County. (DC-V)

e. Application 4-06-168 (Yazejian, Los Angeles Co) Application of Bruce and Lisa Yazejian to construct 3,520 sq ft., 20 ft. high, 1-story single family home, attached 544 sq. ft. garage, 1,000 sq. ft. covered patio, 192 sq. ft. pool house, swimming pool, spa, wastewater disposal system, driveway, fire department turnaround, retaining walls, improvements to existing access road, 3,200 cu. yds. of grading (1,100 cu. yds. cut, 2,100 cu. yds. fill, and 900 cu. yds. import), and an offer-to-dedicate 6-ft. wide trail easement for hiking and equestrian purposes, at 25232 W. Baynes Road, Santa Monica Mountains, Los Angeles County. (DC-V)

11. DISPUTE RESOLUTION. See AGENDA CATEGORIES.

a. Appeal No. 4-92-157-A2-EDD (American Glendale, Inc., Los Angeles Co) Appeal of Executive Director's Rejection of application to amend coastal development permit 4-92-157 for development proposed for site near 3700 Latigo Canyon Road, Malibu, Los Angeles County. (AT-V) [POSTPONED]

SOUTH 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 Long Beach office at (562) 590-5071.

a. City of Newport Beach NPB-MAJ-1-6 (Part A). Certification Review. Concurrence with Executive Director's determination that action by City of Newport Beach, accepting certification to change the land use designation of 4.25 acre area from Visitor-Serving Commercial to Medium Density Residential with suggested modifications is legally adequate. (RT-LB)

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

Motion and Vote

14. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-HNB-07-242 (Signal Landmark/Hearthside Homes, Inc., Huntington Beach) Appeal by Commissioners Wan & Shallenberger of decision by City of Huntington Beach granting permit with conditions to Signal Landmark/Hearthside Homes, Inc. to construct entry monumentation for "Brightwater" residential development consisting of 10.5 ft. decorative block wall and trellis structure within portions of public right-of-way, at 17261 Bolsa Chica Street (east and west side of Bolsa Chica Street, south of Los Patos Avenue), Huntington Beach, Orange County. (MV-LB)

Motion and Vote

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. 5-05-235 (Balboa Performing Arts Theater Foundation, Newport Beach) Application of Balboa Performing Arts Theater Foundation to remodel, restore façade, add tower and support level, increase height to 45'-6" with roof top projections up to 55' and reduce seating from 450 to 325 seats. The proposal includes a prohibition of weekend matinee performances during the Summer between Memorial Day and Labor Day to address parking issues, at 707 E. Balboa Blvd., Newport Beach, Orange County. (FSY-LB)

Motion and Vote

b. Application No. 5-06-301 (McNamara, San Clemente) Application of Brian and Sarah McNamara to demolish 1-story, 1,539 sq. ft., single-family home with attached garage and construct 24-ft.-high, 3,900 sq. ft., single-family home, with attached 2-car garage and 1,048 sq. ft. decks on 13,873 sq. ft. canyon lot, at 219 W. Marquita, San Clemente, Orange County. (LR-LB)

Motion and Vote

c. Application No. 5-06-328 (Schwendener, Seal Beach) Application of Alan Schwendener to demolish 1-story, 4,640 sq. ft., 10-unit structure presently used for residential purposes, subdivision of 13,667 sq. ft. lot into 4 separate parcels ranging from 2,938 to 4,855 sq. ft., and construct four 2-story, single-family homes ranging from 2,000 to 3,000 sq. ft. with attached 2-car garages. Grading will consist of 200 cu. yds. of cut, 400 cu. yds. of fill, and 200 cu. yds. of import, at 400 Marina Drive, Seal Beach, Orange County. (FSY-LB)

Motion and Vote

d. Application No. 5-06-405 (Smull, Laguna Beach) Application of L.C. Smull for after-the-fact approval of caisson-tieback stabilization system and cement treated soil block and construct structural shotcrete barrier attached to existing caissons and construct rock-nail/structural shotcrete system to protect single-family home on coastal bluff, at 90 S La Senda, Laguna Beach, Orange County. (RT-LB)

e. Application No. 5-07-85 (Lennar Homes, Newport Beach) Application of Lennar Homes to demolish tennis complex and construct 79 residential townhome units on 4.25 acre site, including 3 buildings ranging from 50-60 ft. in height above grade, totaling approximately 205,679 sq. ft. and approximately 97,231 sq. ft. subterranean parking, landscaping, hardscaping and open space, and payment of $5 million mitigation fee, at 900 Newport Center Drive, Newport Beach, Orange County. (RT-LB)

f. Application No. 5-07-94 (City of Long Beach Water Department, Long Beach) Application of City of Long Beach Water Department for Installation and removal of a temporary demonstration seawater intake and discharge system on the public beach seaward of the public beach parking lot, comprised of one 40'x 86' subsurface intake gallery, one 50'x 113' subsurface discharge gallery, one thirty-foot deep well, and connecting pipes and powerlines.  Approximately 6,000 cubic yards of clean permeable sand will be imported, at Bixby Park Public Beach & Parking Lot (2000-2300 E. Ocean Blvd., Long Beach, Los Angeles County. (CP-LB)

Motion and Vote

g. Application No. 5-07-233 (Wilson, San Pedro) Application of Reggie Wilson to remove 2 to 3 ft. wide concrete walkway on coastal bluff and restore slope to original conditions, at 1467 Paseo Del Mar, San Pedro, Los Angeles County. (AP-LB)

Motion and Vote

There is a combined staff report for items 15h and 16a.

h. Application No. 5-07-125 (County of Orange, Watershed & Coastal Resources, Newport Beach) Application of County of Orange, Watershed & Coastal Resources to temporarily install 150 ft. long dock attached to existing marina to moor boats to accommodate dredging of 177,000 cu. yds. from navigational channels, shoaled areas under docks, swimming lagoon and areas adjacent to storm drain outlets to design depths varying from minus 7-ft MLLW in swimming lagoon to minus 8-ft. MLLW in marina and boat dock areas with off-shore disposal, Newport Dunes Waterfront Resort, at 1131 Back Bay Drive, Newport Beach, Orange County. (LR-LB)

Motion and Vote

16. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. Consistency Certification No. CC-29-07 (County of Orange, Watershed & Coastal Resources, Newport Beach) Consistency Certification for off-shore disposal of 177,000 cu. yds. of dredge material, at ocean disposal site LA-3 located 4 miles southwest of the entrance to Newport Harbor, Orange County. (LR-LB)

Motion and Vote

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. Permit No. 5-04-94-A (Manhattan Corners LLC, Hermosa Beach) Request by Manhattan Corners LLC for after-the-fact approval of changes to approved Drainage Control Plan. Changes include removal of proposed on-site infiltration for treatment of run-off, replaced by installation of 6 Flogard downspout filters in-line on drain piping, at 30 Hermosa Avenue, Hermosa Beach, Los Angeles County. (GB-LB)

SAN DIEGO 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 San Diego office at (619) 767-2370.

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

Motion and Vote

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

a. City of San Diego LCP Amendment No. 2-07C (Grand Avenue Mixed Use). Public hearing and action to amend certified Pacific Beach Community Plan to re-designate a 0.11 property along Grand Avenue between Cass and Dawes from Medium-Density Residential to Community Commercial and amend certified Implementation Plan to rezone the same site from Community Commercial/Multiple Family Residential to Community Commercial; and, to rezone two additional properties in close proximity to site (totaling 0.14 and 0.11 acres) from Medium-Density Residential to Community Commercial. (LRO-SD)

Motion and Vote

21. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-6-OCN-07-87 (Myers St. Condos, Oceanside) Appeal by Carolyn Krammer from decision of City of Oceanside granting permit with conditions to Myers Street Condominiums to convert 5 newly remodeled apartments into 5 condominiums, at 221 South Myers Street, Oceanside, San Diego County. (TR-SD)

Motion and Vote

b.  Appeal No. A-6-NOC-07-036 (Clews, San Diego) Appeal by Commissioners Kruer and Wan of decision by City of San Diego granting permit with conditions to Clews Land & Livestock to construct a horse ranch/boarding facility on 11 of 38.44 acres, including two single-family residences, a mobile home for employee housing, and various horse-related improvements, including barns, corrals, stables, etc. at 11490-11600 Clews Horse Ranch Road, North City, San Diego, San Diego County. (EL-SD)

Motion and Vote

22. 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. 6-07-66 (San Diego storm drain intercept system rehab) Application of City of San Diego to rehabilitate and replace Mission Bay storm drain low flow intercept facilities to include replacement of flap gates and tide flex valves, vault covers, etc., at 11 sites (8 in Mission Bay Park and 3 in Ocean Beach), Mission Bay Park and Ocean Beach, San Diego, San Diego County. (EL-SD)

23. 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. 6-89-260-A (Clapperton, San Diego) Request by Bill Clapperton to convert 5,100 sq. ft., three-story mixed-use building including two residential and two commercial units to condominium ownership and after-the-fact conversion of ground floor retail space to office space, at 802 & 802 1/2 Tangiers Ct. and 3867 Mission Blvd., Mission Beach, San Diego, San Diego County. (LRO-SD)

b. Permit No. A-6-LJS-06-79-A1 (CWS, San Diego) Request by CWS, Inc. to amend permit for new blufftop home and storm drain relocation to delete special condition which required approval from State Board for storm drain discharge (Special Condition #11) and to segment permit to allow storm drain relocation to proceed ahead of home construction and allow limited rainy season construction, at 1620 Torrey Pines Road, La Jolla, San Diego, San Diego County. (LJM-SD)

Motion and Vote

PUBLIC COMMENT

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:

CCC v. U.S. Department of the Navy et al. Govt. Code § 11126(e)(2)(A)
Natural Resources Defense Council et al. v. Winter et al. Govt. Code § 11126(e)(2)(A)
Coastal Law Enforcement Action Network et al. v. CCC (Pacific Gas & Electric Co., RPI) Govt. Code § 11126(e)(2)(A)
Mulholland Land Co. et al. v. CCC Govt. Code § 11126(e)(2)(A)
Wettengel v. CCC, et al. Govt. Code § 11126(e)(2)(A)
Wilson v. 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).

24. APPROVAL OF MINUTES.

25. COMMISSIONERS' REPORTS.

26. CONSERVANCY REPORT.

27. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

28. SANTA MONICA BAY RESTORATION COMMISSION REPORT.

29. DEPUTY ATTORNEY GENERAL'S REPORT.

30. EXECUTIVE DIRECTOR'S REPORT including report on legislation and Water Quality.

a. Legislation. The Commission may take action on the following legislation:
ACA 8, AB 120, AB 141, AB 258, AB 319, AB 739, AB 740, AB 828, AB 992 , AB 1046, AB 1056, AB 1066, AB 1074, AB 1096, AB 1280, AB 1338, AB 1396, AB 1457, AB 1459, AB 1568, SB 4 , SB 10, SB 54, SB 157, SB 300, SB 333, SB 412, SB 634, SB 670, SB 742, SB 821, SB 884, SB 898, SB 911, SB 939, SB 965, SCA 1