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California Coastal Commission

 

April 2008 Agenda

Santa Barbara County
Board of Supervisors Chambers
105 E. Anapamu Street
Santa Barbara, CA 93101
(805) 451-6053

This has been updated at 7:15 a.m., Thursday, April 10, 2008.
 

Please be advised that the June 2008 meeting has been cancelled.
See the memorandum regarding this for further information.

9:00 A.M.

WEDNESDAY, APRIL 9, 2008

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT (Los Angeles County)

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-08-44 (Stratford, Long Beach) Application of Alan Stratford to replace boat dock with new 6'x 28' floating boat dock and new 3'x 4' landing and gangway using existing davits on vertical seawall, with no new piles, at 63 Rivo Alto, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

4. CONSENT CALENDAR. See AGENDA CATEGORIES.

Motion and Vote

a. Application No. 5-08-32 (Salceda, Los Angeles Co.) Application of Christian David Salceda to construct 3-story 30-ft. high 3,453 sq.ft. single-family home with attached 2-car garage, on vacant canal-fronting lot, at 2308 Grand Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

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

Motion and Vote

7. Commission Cease & Desist Order No. CCC-08-CD-04 (Bacara Resort, Goleta, Santa Barbara Co.) Public hearing and Commission action on proposed Cease and Desist Order directing HT-Santa Barbara, Inc., as property owners, to address permit violations, including, but not limited to, (1) non-compliance with condition of approved permit regarding development of access path and (2) non-compliance with condition of approved permit regarding recordation of offer to dedicate and deed restriction, located at 8301 Hollister Ave (APN 0079-200-012), Goleta, Santa Barbara County. (EMH-SF) [POSTPONED]

8. Notice of Violation No. CCC-08-NOV-01 (Bacara Resort, Goleta, Santa Barbara Co.) Public hearing and Commission action on proposed recordation of Notice of Violation identifying unpermitted development by HT-Santa Barbara, Inc., as property owner, not in accordance with approved project description and/or with special conditions of approved permit, located at 8301 Hollister Ave (APN 0079-200-012), Goleta, Santa Barbara County. (EMH-SF) [POSTPONED]

SOUTH CENTRAL COAST DISTRICT

9. 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. [APPROVED]

a. Santa Barbara City College Public Works Plan Amendment No. 1-2008. Report to Commission on determination that Santa Barbara City College Public Works Plan Amendment No. 1-2008 is minor. Amendment proposal is to make minor design modifications to School of Media Arts (SoMa) building previously approved by PWPA No. 1-2006, on East Campus, 721 Cliff Drive, Santa Barbara, Santa Barbara County. (JJ-V)

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

Motion and Vote

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

a. 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) [APPROVED]

Motion and Vote

Items 11b and c  below share a single, combined staff report. Continued after lunch.

b. 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 Boating Instruction & Safety Center (BISC) as permitted use in the Channel Islands Harbor. (GT-V) [APPROVED WITH MODIFICATIONS]

Motion and Vote

Motion and Vote

Amending Motion and Vote

c. 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), which is consistent with Channel Islands Harbor certified Public Works Plan as amended by PWP amendment 1-04, consisting of approximately 26,000 sq. ft. of exterior space, 24,000 sq. ft. of dock space, 2-story 19,000 sq. ft. building, and 1-story 1,000 sq. ft. maintenance/storage building, located on west side of Channel Islands Harbor, Oxnard, Ventura County. (GT-V) [APPROVED]

Motion and Vote

An addendum has been appended to the staff reports for items 11d and 11e below on February 9 .

d. Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 4-07 (Channel Islands Landing/Boatyard Marina Expansion). Public hearing and action on notice of impending development by Channel Islands Harbor to expand the Channel Islands Landing/Boatyard an average of 90 ft. westward into channel to add approximately 66 new slips that will meet ADA accessibility requirements, east side of Channel Islands Harbor, at 3615 and 3821 S. Victoria Avenue, Oxnard, Ventura County. (AT-V) [APPROVED]

Motion and Vote

e. Santa Barbara City College Notice of Impending Development 1-08. Public hearing and action on Notice of Impending Development 1-08 by Santa Barbara City College (SBCC) to make minor design modifications to previously approved School of Media Arts (SoMa) building, on East Campus SBCC, 721 Cliff Drive, Santa Barbara, Santa Barbara County. (JCJ-V) [APPROVED]

Motion and Vote

Items 11f and 12a  below share a single, combined staff report.
An addendum has been appended on February 9.

f. County of Ventura LCP Amendment No. 1-07 (Crown Pointe Estates). Public hearing and action on request by County of Ventura to amend its LCP to change the Land Use Map of the coastal area plan and the coastal zoning ordinance for 6.38 acre subject site currently designated for 4.26 acres of commercial use and 2.12 acres of residential use to reduce commercial land use to 1.36 acres and increase residential land use to 5.02 acres of residential use at greater density. The amendment would also change the Land Use Map designation for 9 adjacent parcels (Tract 4483), approximately 9 acres in combined size, to conform with the higher densities allowed by the existing coastal zoning ordinance. (JJ-V) [APPROVED WITH MODIFICATIONS]

Motion and Vote

Motion and Vote

Motion and Vote

12. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-4-VNT-07-009 (Crown Point Estates at Malibu, LLC, Ventura Co.) Appeal by Commissioners Wan and Kruer and Eloise Hall from decision by County of Ventura granting permit to Crown Point Estates for subdivision of existing Lot 10 of Tract 4483 into 5 lots (1 commercial and 4 residential) and vacation of western portion of county's right-of-way for Ellice Street, located inland of Pacific Coast Highway, adjacent and Southeast of Yerba Buena Road, Ventura County. (JJ-V) [SUBSTANTIAL ISSUE FOUND, Permit APPROVED WITH CONDITIONS]

Motion and Vote

Amending Motion and Vote

13. 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. 4-07-001 (Hoang, Los Angeles Co.) Application of Bao Hoang to construct 2-story 35 ft. tall 3,045 sq. ft. single family home with 5-car lower level garage and storage space, driveway, septic system, water well, retaining walls, and 1,100 cu. yds. of grading (690 cu. yds. cut and 320 cu. yds. fill) at 2388 Mar Vista Ridge Road, Malibu, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

b. Application No. 4-07-118 (City of Ventura, Ventura Co.) Application of City of Ventura for maintenance dredging of Ventura Keys on as-needed basis for period of ten years, including dredging of approximately 350,000 cu. yds. of material, not to exceed 100,000 cu. yds. in one year, dredged material will be deposited in surf zone, at Cell 1 of Pierpont Groin Field, and in surf zone or nearshore waters of mouth of Santa Clara River, in and adjacent to Ventura Keys, Ventura, Ventura County. (AT-V) [POSTPONED]

An addendum has been appended to the staff reports for items 13c and 13d below on February 9 .

c. Application 4-07-124 (City of Santa Barbara Waterfront Dept., Santa Barbara Co.) Application of City of Santa Barbara Waterfront Dept. for in-kind replacement of 520 of 592 boat slips within Marina One of Santa Barbara Harbor, including 40-ft. long extension of Finger P, 66 ft. long extension of Finger F, and add 12 new boat slips and shoreside upgrades for electrical service to boat slips, Santa Barbara Harbor, Santa Barbara, Santa Barbara County. (JF-V) [APPROVED WITH CONDITIONS]

Motion and Vote

d. Application 4-07-134 (City of Santa Barbara Public Works Dept., Santa Barbara Co.) Application of City of Santa Barbara Public Works Dept. to replace structurally deficient Cabrillo Bridge over Mission Creek, improvements to hydraulic conveyance of Mission Creek, and reconstruct and restore Mission Creek and Lagoon from State Street to Pacific Ocean, Santa Barbara, Santa Barbara County. (JF-V) [APPROVED WITH CONDITIONS]

Motion and Vote

SOUTH COAST DISTRICT (Los Angeles County)

14. 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]

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

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. 5-07-417 (County of Los Angeles, Dept. of Public Works, Marina Del Rey) Application of Los Angeles County, Dept. of Public Works to construct low-flow diversion system, including reconstructing concrete channel, at Oxford Basin outlet structure, northeastern end of Oxford Basin (Oxford Pump Station), Marina Del Rey, Los Angeles County. (AP-LB)

b. Application No. 5-07-419 (Hermosa Seaside Development Corp., Hermosa Beach) Application of Hermosa Seaside Development Corp. to demolish dry cleaners and private single-story parking garage and construct 3-story (over subterranean parking structure), 30-ft. high 19,405 sq. ft. commercial condominium complex with 19 on-site parking spaces, on 5,863 sq. ft. C-2 zoned lot, at 906 - 910 Hermosa Ave., Hermosa Beach, Los Angeles County. (GB-LB) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

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. 5-00-484-A2 (Los Angeles Dept. of Recreation and Parks, Los Angeles) Request by Los Angeles Dept. of Recreation and Parks to extend time limit to remove rock revetment from public beach on site of former Damson Oil facility (modifying Special Condition one of underlying dual permits), at 40 W. Horizon Ave., Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

b. Permit No. 5-07-166-A (Anderson, Manhattan Beach) Request by Carol Anderson to change use for second floor of 2-story commercial structure from office/storage to retail, personal service or other use consistent with zoning code, provided that required parking is provided, at 1000 Manhattan Avenue, Manhattan Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

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)
Douda et al. v. CCC, Govt. Code 11126(e)(2)(A)
Habitat for Hollywood Beach v. CCC (County of Ventura et al., RPI) Govt. Code 11126(e)(2)(A)
La Jolla Beach & Tennis Club Partners LP et al. v. CCC (City of San Diego et al., RPI) , Govt. Code 11126(e)(2)(A)
Sierra Club v. CCC (La Jolla Beach & Tennis Club et al., RPI) , Govt. Code 11126(e)(2)(A)
Manchester Pacific Gateway LLC v. CCC, Govt. Code 11126(e)(2)(A)
North Pacifica LLC v. CCC, California Court of Appeal, First District, Case No. A112590, Govt. Code 11126(e)(2)(A)
Revell et al. v. CCC (Access for All, RPI) , Govt. Code 11126(e)(2)(A)
Schneider 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)
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). 

18. APPROVAL OF MINUTES.

19. COMMISSIONERS' REPORTS.

20. CONSERVANCY REPORT.

21. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

22. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Discussion of Proposition 98 ("California Property Owners and Farmland Protection Act) and possible action by the Commission.

Notice of Proposed Changes
to the California Coastal Management Program Regarding Amendments to Regulations
Regarding Filing Fees and Reimbursement of Expenses Related to the Commission's Review of Filings