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October 2007 Agenda

Crowne Plaza Los Angeles Harbor Hotel
601 S. Palos Verdes Street
San Pedro, CA
(310) 519-8200

This has been updated at 1:30 p.m., Friday, October 12, 2007.

9:00 A.M.

WEDNESDAY, OCTOBER 10, 2007

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-06-326 (Sunset Aquatic Marine Center, Huntington Beach) Application of Sunset Aquatic Marine Center to remove and replace boat repair-yard marina that will provide four (4) slips to accommodate boats ranging in size from 40-ft. to 126-ft. in length, including re-use of old piles and installing new piles, at 2901 Edinger Ave., Huntington Beach, Orange County. (FSY-LB) [APPROVED]

b. Application No. 5-07-180 (Myers, Newport Beach) Application of Gary Myers to widen boat slip by adding 3’ X 6’ section to backwalk, add two 5’ X 7’ sections to fingers and install two concrete piles, at 22 Harbor Island, Newport Beach, Orange County. (RT-LB) [WITHDRAWN]

c. Application No. 5-07-289 (Linden Family Trust, Long Beach) Application of James Linden & Nancy Linden Trustees Of The Linden Family Trust to install new 10’x 29’ floating boat dock with 3’x 4’ landing and gangway using existing davits on vertical seawall. No new piles, at 64 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

4. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-07-121 (Rofael, Newport Beach) Application of Medhat Rofael to remodel 3,044 sq. ft., two-story duplex with attached 358 sq. ft. two-car garage, add new 226 sq. ft. third story and 258 sq. ft. third story uncovered deck; and after-the-fact approval of 10’x 30’ concrete patio with 2’ tall concrete block fence ocean front encroachment, at 4607 Seashore Drive, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-07-165 (Stauber, Newport Beach) Application of Catherine & Dan Stauber to demolish duplex and construct new ocean-fronting, 26.5-ft. high, 2,360 sq. ft., two-story, single-family residence with attached 460 sq. ft. two-car garage, at 7110 W Oceanfront, Newport Beach, Orange County. (RT-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-07-181 (Horowitz, Newport Beach) Application of Alan & Margie Horowitz to demolish single-family residence and construct new ocean-fronting, 24 ft.- high, 2,196 sq. ft., two-story, single-family residence with attached 431 sq. ft. two-car garage, at 612 W Oceanfront, Newport Beach, Orange County. (RT-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-07-237 (Ocean Way Real Estate Trust, Pacific Palisades) Application of Ocean Way Real Estate Trust to demolish single-family residence and accessory structure and construct swimming pool, shade pavilion, new accessory structure, hardscape, landscaping and minor grading to direct runoff toward street, at 101 & 111 Ocean Way, Pacific Palisades. Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

e. Application No. 5-07-251 (Aroth, Venice) Application of Jeffrey V. Cook & Sylvia S. Aroth to demolish 1,152 sq. ft., two-story duplex, and construct three-level, 28 ft.- high, 3,238 sq. ft., single-family residence with attached four-car garage on 2,640 sq. ft. lot fronting a walk street, at 21- 27th Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

f. Application No. 5-07-274 (Schubert, Hermosa Beach) Application of Margaret Schubert to demolish single family residence and construct 4,042 sq. ft., 30 ft.-high, two-story single family residence over basement level, and attached two-car garage on 2,370 sq. ft., beachfront lot, at 312 The Strand, Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

g. Application No. 5-07-286 (Leonard, Hermosa Beach) Application of Jim Leonard to demolish four-unit apartment building and construct three condo units within two separate two-story buildings each with a roof deck over basement level and attached two car garage for each unit. The three units will total 6,858 square feet in combined area and 30 feet in height on a 4,985 square foot, high density zoned lot, at 1084 Monterey Blvd., Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS]

h. Application No. 5-07-298 (Amoroso Place, LLC, Venice) Application of Amoroso Place, LLC to demolish, one-story, 765 sq. ft., single-family residence and detached garage on 3,330 sq. ft. lot facing a walk street, and construct two-story, 27 ft.-high (with one 37.5 ft.-high roof access structure), 2,950 sq. ft., single-family residence with attached two-car garage, at 853 W. Amoroso Pl, Venice, Los Angeles, 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 South Central office at (805) 585-1800.

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

7. 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]

An addendum has been appended to the staff report for item 7b below on October 5.

b. City of Oxnard LCP Amendment No. MAJ-2-06 (Mobile Home Park Conversions). Public hearing and action on request by City of Oxnard to amend its LCP to delete a Land Use Plan policy requiring affordable replacement units for demolished or converted mobile home park units within the Oxnard coastal zone. (DC-V) [POSTPONED]

8. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-4-STB-07-112 (Beach Club Trust, Santa Barbara Co.) Appeal by Commissioners Patrick Kruer and Sara Wan from decision of County of Santa Barbara granting a coastal development permit to convert previously un-permitted accessory structure into 1,118 sq. ft. Detached Residential Second Unit at 2825 Padaro Lane, Santa Barbara County. (SLG-V) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

b. Appeal No. A-4-STB-07-113 (Renker, Santa Barbara Co.) Appeal by Commissioners Patrick Kruer and Mary Shallenberger from decision of County of Santa Barbara granting a coastal development permit for demolition of 1,875 sq. ft. single family residence and detached garage, construction of 14,835 sq. ft. residence, 1,576 sq. ft. detached garage with 559 sq. ft. second story hobby room, 1,200 sq. ft. detached second residential unit, tennis court and cabana, swimming pools, spas, landscaping and hardscape, other accessory structures and sheds, stone perimeter wall, removal of 4 oak trees, and approximately 5,296 cu. yds. of grading (4,356 cu. yds. cut, 940 cu. yds. of fill) at 3151 Padaro Lane, Santa Barbara County. (SLG-V)  [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

9. 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.

An addendum has been appended to the staff report for item 9a below on October 5.

a. Application No. 4-05-3 (Douglas, Los Angeles County) Application of Jesse Douglas to construct two-story, 4,327 sq. ft. single family residence, 1,348 sq. ft. detached three-car garage and workshop, 742 sq. ft. guesthouse, trellis, driveway, turnaround, septic system, swimming pool, spa, retaining wall, well, water tank, landscaping, widening of Will Geer Road from 16 ft. to 20 ft., and approximately 344 cu. yds. of grading at 1370 Will Geer Road, Topanga, Los Angeles County.  [APPROVED WITH CONDITIONS]

b. Application No. 4-07-020 (Los Angeles County Department of Public Works, Los Angeles County) Application of Los Angeles County Department of Public Works to remediate a slope failure that has undermined Saddle Peak and Schueren Roads and reconstruct approximately 2,250 linear ft. of road shoulder and roadway. The project will include 30,500 cu. yds. of cut and 35,000 cu. yds. of fill grading, repair/extension of two existing pipe drains, and install one new pipe drain along 1,370 ft. length of Saddle Peak Road between C.M. 0.18 and Schueren Road and along an approximately 880 ft. length of Schueren Road west of its intersection with Stunt Road, Los Angeles County. (JJ-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

c. Application No. 4-07-033 (Mortimer/Dunne/Vo, Los Angeles Co.) Application of Charles Mortimer, John and Sonia Dunne, and Kevin Vo to install subsurface soldier pile retaining wall extending across three adjacent properties in follow-up to an emergency permit issued for slope remediation at 18300, 18268, and 18262 Coastline Drive, Los Angeles County. (DC-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

An addendum has been appended to the staff report for item 9d below on October 5.

d. Application No. 4-07-022 (Bunes, Malibu) Application of Robert and Gail Bunes to repair slope consisting of removal and recompaction of approximately 1,167 cu. yds. of soil, 441 cu. yds. of fill, construction of drainage berm and installation of 225 ft.-long, 12 in. diameter drainage pipe at 229 Lorine Lane, Malibu, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

e. Application 4-07-099 (Seabridge Development, Santa Monica Mountains, Los Angeles, Co.) Application of Seabridge Development, LLC to construct 3,944 sq. ft, 35 ft. high from existing grade single family residence with 2-car garage, pool, 225 cu. yds. of grading (185 cu. yds. cut and 40 cu. yds. fill), and septic system, on a 8,160 sq. ft. development area, at 2501 Corral Canyon Road, Santa Monica Mountains, Los Angeles County. (BJC-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

10. DISPUTE RESOLUTION.

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 to delete several conditions of approval and revise project description for development proposed for a site near 3700 Latigo Canyon Road, Malibu, Los Angeles County. (AT-V) [POSTPONED]

11. PUBLIC WORKS PLAN.

There is a single, combined staff report for items 11a and 11b below.

a. Ventura County – Channel Islands Harbor Public Works Plan Amendment No. 1-04 (Boating Instruction & Safety Center). Public hearing and action on request by Ventura County Harbor Department to amend the certified Channel Islands Harbor PWP to allow a Boating Instruction & Safety Center (BISC) as a permitted use in the Harbor. (GT-V) [TO CONTINUE]

b. Channel Islands Harbor Public Works Plan Notice of Impending Development 1-05. Public hearing and action on Notice of Impending Development by Channel Islands Harbor for Boating Instruction and Safety Center (BISC) consisting of approximately 26,000 sq. ft. of exterior space, 24,000 sq. ft. of dock space, a two-story 19,000 sq. ft. building, and a one-story 1,000 sq. ft. maintenance/storage building located on the west side of Channel Islands Harbor, Oxnard, Ventura Co. is consistent with the Channel Islands Harbor certified Public Works Plan as amended by PWP amendment 1-04. (GT-V)  [TO CONTINUE]

11.5. LONG RANGE DEVELOPMENT PLAN

There is a single, combined staff report for items 11.5a, 11.5b and 11.5c below.
An addendum has been appended to this staff report on October 5.

a. UCSB Long Range Development Plan Amendment 2-07 (Harder Storage and Engineering II Addition) Public hearing and action on request by the University of California at Santa Barbara to amend its LRDP to allow for additional storage trailers and building for recreation and research activities adjacent to Harder Stadium on the Storke Campus and construct 3-story, 21,707 sq. ft. addition to Engineering II building on Main Campus of University of California Santa Barbara, Santa Barbara County (MCH-V) [APPROVED WITH MODIFICATIONS]

b. UCSB Notice of Impending Development No. 5-07 (Engineering II Addition) Public hearing and action on Notice of Impending Development by University of California at Santa Barbara to construct 3-story 21,707 sq. ft. addition to Engineering II building on Main Campus of University of California Santa Barbara, Santa Barbara County (MCH-V). [APPROVED]

c. UCSB Notice of Impending Development No. 6-07 (Harder Stadium Storage) Public hearing and action on Notice of Impending Development by University of California at Santa Barbara to construct 504 sq. ft. permanent storage building and after-the-fact retention of 8 temporary storage trailers adjacent to Harder Stadium on the Storke Campus of University of California Santa Barbara, Santa Barbara County (MCH-V). [APPROVED]

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. [APPROVED]

a. City of Huntington Beach LCP Major Amendment 2-06 (Timeshares). Certification Review. Concurrence with Executive Director's determination that action by City of Huntington Beach, accepting certification to allow Limited Use Overnight Visitor Accommodation uses at the Pacific City site and the Waterfront site within the City’s coastal zone, with suggested modifications is legally adequate. (MV-LB) [APPROVED]

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

14. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-LOB-06-400 (Studebaker, LB, LLC & Home Depot-SSC/West Coast, Long Beach)  De novo hearing for appeal of local approval to: 1) Subdivide the project site; 2) demolish fuel oil tank farm and complete subsurface soils investigation; 3) remediate contaminated soils; and 4) construct 128,517 sq. ft. home improvement and garden center, 6,000 sq. ft. restaurant, and two retail/commercial buildings totaling 12,000 sq. ft., with 712 parking spaces., at 400 Studebaker Road, Long Beach, Los Angeles County. (CP-LB) [POSTPONED]

b. Appeal No. A-5-VEN-07-200 (Amuse Caf' Partners, Venice) Appeal by James Murez of City of Los Angeles Local Coastal Development Permit No. ZA-2005-2021 approved with conditions for restaurant with off-site parking, at 796 Main Street, Venice, Los Angeles, Los Angeles County. (CP-LB)

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. 5-06-456 (Clark, Newport Beach) Application of Kathy Clark to remodel 2,485 sq. ft., two-story, single-family residence with attached 485 sq. ft., two-car garage located on water front parcel (Semeniuk Slough). No grading is proposed, at 3 Canal Circle, Newport Beach, Orange County. (FSY-LB)  [APPROVED WITH CONDITIONS, moved to Consent Calendar]

b. Application No. 5-07-131 (Dugan, Long Beach) Application of Michael Dugan to remove and replace private residential pier and gangway in same location using two existing piles and one new pile, at 5639 Sorrento Drive, Long Beach, Los Angeles County. (CP-LB)

c. Application No. 5-07-169 (City Of Newport Beach Harbor Resources, Newport Beach) Application of City Of Newport Beach Harbor Resources to remove and replace chain link fence located on beach perpendicular to shoreline; remove and replace dock with pump out facility in same configuration comprised of 4’ x 46’ pier supported by four (4) -14” diameter “T” piles, a 3’ x 24’ gangway, 10’ x 36’ dock float with two (2)-14” diameter concrete guide piles, at 215 15th Street, Newport Beach, Orange County. (FSY-LB)

d. Application No. 5-07-207 (Roberts, Pacific Palisades) Application of Suzanne Roberts to demolish 1,109 sq. ft., mobile home unit and construct 1,186 sq. ft., 14 ft.- high, manufactured home and foundation with five 24 inch diameter piles, at 17015 Pacific Coast Highway, Pacific Palisades, Los Angeles County. (AP-LB )

e. Application No. 5-07-210 (County of Los Angeles, Dept. of Public Works, Marina del Rey) Application of County of Los Angeles to convert manually operated tide gate to automated and electronically controlled system located between Marina del Rey Channel and Ballona lagoon, at Marina Way & Grand Canal, Marina del Rey, Los Angeles County. (AP-LB) [POSTPONED]

16. 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. 5-02-93-A2 (Cannery Lofts, L.P., Newport Beach) Request by Cannery Lofts, L.P. to demolish 6-space overflow parking lot and construct 32 ft.- high, three-story mixed use building, including 750 sq. ft. lower level commercial space and approximately 2,087 sq. ft. of residential living space above, at 509 20th Street, Newport Beach, Orange County. (RT-LB) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

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:

Bredesen v. CCC et al., Los Angeles County Superior Court Case No. BS102967 [Govt. Code § 11126(e)(2)(A)]
Bredesen v. CCC et al., Los Angeles County Superior Court Case No. YS014958 [Govt. Code § 11126(e)(2)(A)]
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)]
Douglas v. CCC (Mountains Recreation & Conservation Authority, RPI) [Govt. Code § 11126(e)(2)(A)]
Farr v. CCC et al. (Doyle, RPI) [Govt. Code § 11126(e)(2)(A)]
Habitat for Hollywood Beach v. CCC (County of Ventura, RPI) [Govt. Code § 11126(e)(2)(A)]
Manchester Pacific Gateway LLC v. CCC et al. [Govt. Code § 11126(e)(2)(A)]
Mulholland Land Co. et al. v. CCC [Govt. Code § 11126(e)(2)(A)]
O’Sullivan v. City of San Diego (Govt. Code section 11126(e)(2)(C))
Rubinroit v. CCC et al. [Govt. Code § 11126(e)(2)(A)]
St. Catherine of Siena Catholic School et al. v. CCC [Govt. Code § 11126(e)(2)(A)]
Trancas Property Owners Association v. CCC [Govt. Code § 11126(e)(2)(A)]
In the matter of Monterey County LCP Amendment No. 1-07 (Govt. Code section 11126(e)(2)(B)

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.

a. Minutes of April 2007 

b. Minutes of August 2007

c. Minutes of September 2007

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 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.

b. Webstreaming Status Report for 2007.