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California Coastal Commission

California Coastal Commission

 

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Rancho Caņada Golf Club
4860 Carmel Valley Road
Carmel, CA 93923
(831) 624-8173
 

9:00 A.M.

WEDNESDAY, MARCH 5, 2008

1. CALL TO ORDER.

2. ROLL CALL.

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. YS014958 Govt. Code § 11126(e)(2)(A).
Bredesen v. CCC et al., Los Angeles County Superior Court Case No. BS102967 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).
Coastal Law Enforcement Action Network et al. v. CCC (Pacific Gas & Electric, RPI) Govt. Code § 11126(e)(2)(A).
Douda et al. v. CCC Govt. Code § 11126(e)(2)(A).
Feduniak v. CCC Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC Govt. Code § 11126(e)(2)(A).
Security National Guaranty, Inc. v. State of California, CCC et al. Govt. Code § 11126(e)(2)(A).
Surfrider Foundation et al. v. CCC (Poseidon Resources (Channelside) LLC et al., RPI) Govt. Code § 11126(e)(2)(A).
Appeal of Foothill/Eastern Transportation Corridor Agency to U.S. Secretary of Commerce 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)."

Report from Closed Session

3. APPROVAL OF MINUTES.

4. COMMISSIONERS' REPORTS.

5. CONSERVANCY REPORT.

6. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

7. DEPUTY ATTORNEY GENERAL'S REPORT.

8. EXECUTIVE DIRECTOR'S REPORT including report on legislation and water quality.

a. 2009 Schedule of Meeting Dates and Locations. (VM-SF)

b. Public hearing and action on proposed competitive grant awards from sales of the Whale Tail License Plate. (CP & SBL-SF) [APPROVED]

Motion and Vote

SOUTH CENTRAL COAST DISTRICT

9. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 4-07-135 (Jones, Ventura Co.) Replace 6' x 35' concrete dock with new 6' x 35' concrete dock on existing piles in Ventura Keys waterway, 2 existing gangways to remain, and no piles, footings, or any structural elements to be placed in waterway or on rip-rap escarpment, at 2890 Sailor Avenue, Ventura County. (AT-V)  [APPROVED WITH CONDITIONS]

10. CONSENT CALENDAR. See AGENDA CATEGORIES.

Motion and Vote

a. University of California Santa Barbara Notice of Impending Development De Minimis No. 4-07 (Coal Oil Point Habitat Restoration Project). Notice of Impending Development by the University of California at Santa Barbara for restoration of 50 ac. of exotic grasslands to native coastal scrub and grassland habitat involving phased removal of non-native trees under 20' in height, grasses and replanting with native species, at Coal Oil Point Reserve on UC Santa Barbara Campus, Santa Barbara County. (JF-V)  [APPROVED WITH CONDITIONS]

b. University of California Santa Barbara Notice of Impending Development De Minimis No. 5-07 (Cheadle Center for Biodiversity and Ecological Restoration and Greenhouse Project). Notice of Impending Development by the University of California at Santa Barbara for installation of 2 new 504-sq.ft. modular greenhouses and installation of as-built 430-sq.ft. modular greenhouse on East Storke Campus of UC Santa Barbara, Santa Barbara County. (JF-V) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT

11. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

12. CONSENT CALENDAR. See AGENDA CATEGORIES.

Motion and Vote

An addendum has been appended to the staff report for item 12a below on Friday, February 29.

a. Application No. 5-07-311 (Lis, Seal Beach) Application of Tina and Steve Lis to demolish single-family home, minor grading for recompaction purposes, and construct new ocean-fronting 3,394 sq.ft. 25-ft. above existing grade, 2-story single-family home with attached 475 sq.ft. 2-car garage, at 1309 Seal Way, Seal Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-07-453 (Shoreline Properties Inc., Newport Beach) Application of Shoreline Properties Inc. to demolish 1-story single family home and construct 27'66" high 2,586 sq. ft. 3-story single family home with attached 478 sq. ft. garage, 98 sq. ft. deck, grading for site preparation, hardscape improvements and no landscaping on beachfront lot and construct 10'x30' concrete patio and 33" tall block wall within oceanfront encroachment area, at 304 E. Oceanfront, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-08-004 (Rajfer, Los Angeles) Application of Jacob and Susan Rajfer to demolish 2,695 sq.ft. single-family home and construct 2 story 4,357 sq.ft. single-family home with attached two 2-car garage, at 2181 W. Wormouth Street, San Pedro, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

d. Application No. 5-08-005 (Revell, Los Angeles) Application of John Revell to demolish 1-story 880 sq.ft. duplex and detached garage, and construct 3-story 30-ft. high 2,742 sq.ft. single family home with attached 2-car garage on canal-fronting lot, at 2621 Grand Canal/2620 Strong's Drive, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

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. County of Santa Barbara LCP Amendment No. STB-MAJ-2-06 (Noticing and Appeals) Certification Review. Concurrence with Executive Director's determination that action by the County of Santa Barbara, accepting certification of Amendment No. 2-06 with modifications, is legally adequate. (SLG-V) [APPROVED]

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

Motion and Vote

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

a. City of Malibu LCP Amendment No. MAJ-3-07 Time Extension. Public hearing and action to extend time limit on request by City of Malibu to amend its LCP to add land use policies and development standards for and related to a proposed Malibu Parks Public Access Enhancement Overlay district. (DC-V)  [Time Extension APPROVED]

Motion and Vote

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.

a. Application No. 4-04-103 (Wave Enterprise, Los Angeles Co.) Application of Wave Enterprise to construct 2 story 35-ft. high 7,129 sq. ft. single family home with attached 911 sq.ft. 3-car garage, 720-ft. driveway, septic system, pool/spa, and retaining walls, at 2520 Marby Drive, Malibu, Los Angeles County. (JJ-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

SOUTH COAST DISTRICT

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 Long Beach office at (562) 590-5071. [APPROVED]

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

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

a. City of Dana Point LCP Amendment No. DPT-MAJ-1-07 (Dana Point Headlands). Time Extension. Public hearing and action to extend the 90-day time limit for action on City of Dana Point LCP amendment to the Land Use Plan and Implementation Plan for 121.3 acre Headlands Development Conservation Plan (HDCP) area at Dana Point Headlands and Strand Beach to eliminate the requirement of Mid-Strand Vista Park public accessway and to add approximately 800 linear feet of trail within Harbor Point Park and Hilltop Park. (KFS-LB) [APPROVED]

Motion and Vote

b. City of Laguna Beach LCP Amendment No. LGB-MAJ-1-07c (Fuel Modification & Assorted Implementation Plan Revisions). Public hearing and action on City of Laguna Beach LCP Amendment to change fuel modification provisions of the Land Use Plan and modify Implementation Plan (IP) provisions for Residential Hillside Protection Zone, sign and parking regulations, Arch Beach Heights Specific Plan (lot combinations), Second Residential Unit and Flood Damage Prevention ordinances, and add new IP sections for Artists' Live/Work Units, short-term lodging, telecommunications facilities, bed & breakfast inns, and delete obsolete zones including Residential Hillside Zone and M-1 Industrial Zone, among other changes. (MV-LB) [POSTPONED]

Motion and Vote

c. Los Angeles County-Santa Catalina Island LCP Amendment No. SCT-MAJ-1-7. Public hearing and action on request by Los Angeles County to amend the Land Use Plan Map of the certified Los Angeles County Local Coastal Program (LCP) for Santa Catalina Island in order to change Land Use Designation (LUD) of Lot 88 within 2 Harbors Resort Village District from Residential Subdistrict to Utilities/Services Subdistrict in order to accommodate establishment of a new above-ground fuel storage facility. (CP-LB) [APPROVED]

Motion and Vote

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.

a. Application No. 5-07-417 (County of Los Angeles Public Works) Application of County of Los Angeles Public Works to construct low-flow diversion system, including reconstructing concrete channel at Oxford Basin outlet structure, at Northeastern end of Oxford Basin (Oxford Pump Station), Marina del Rey, Los Angeles County. (AP-LB) [Moved to Consent Calendar, POSTPONED]

b. Application No. 5-07-443 (City of Long Beach, Dept. of Parks, Rec. & Marine) Application of City of Long Beach, Dept. of Parks, Rec. & Marine to install anchors for 45 new moorings for transient docking near Belmont Shore Pier and Island White, at 35-39th Place in waters near Belmont Veterans Memorial Pier and Island White, Belmont Shore, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

Motion and Vote

ENFORCEMENT

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

22. Commission Cease and Desist Order No. CCC-08-CD-01 (Makar Properties, LLC; St. Regis Resort, Monarch Beach; and Mathis Family 1996 Trust - Monarch Bay, Dana Point) Public hearing and Commission action on proposed Cease and Desist Order directing Makar Properties, LLC; St. Regis Resort, Monarch Beach (Starwood Hotels and Resorts); and Mathis Family 1996 Trust, to cease and desist from performing or maintaining unpermitted development, including, but not limited to, grading, removing beach wrack and other organic material from beach, and breaching of Salt Creek or other breaching activities, at 500 Monarch Bay Drive, City of Dana Point, Orange County (ANM-SF) [POSTPONED]

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

23. ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY. Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development. For specific information contact the Commission's Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240. [APPROVED]

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

25. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Application No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Application of Poseidon Resources (Channelside) LLC to construct and operate seawater desalination facility and associated pipelines and pumping facilities on site of Encina Power Plant, Carlsbad, San Diego County. (TL-SF) [POSTPONED]

There is a single, combined staff report for items 25b and c below.

b. Appeal No. A-3-SLO-06-017 (Pacific Gas and Electric Co., San Luis Obispo Co.) PG&E Co. granted permit with conditions to replace steam generators with new generators, at Diablo Canyon Nuclear Power Plant, located about six miles north of Avila Beach, San Luis Obispo County. (TL-SF)

Motion and Vote

Amending Motion and Vote

c. Application No. E-06-011 (Pacific Gas and Electric Co., San Luis Obispo Co.) PG&E Co. granted permit with conditions to replace steam generators with new generators, at Diablo Canyon Nuclear Power Plant, located about six miles north of Avila Beach, San Luis Obispo County. (TL-SF)

Motion and Vote

PUBLIC COMMENT