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September 2008 Draft Agenda

Wharfinger Building
1 Marina Way
Eureka, CA 95501
(707) 268-1859

This has been updated at 3:45 p.m., Wednesday, September 10, 2008.

NOTICE

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10:00 A.M.

WEDNESDAY, SEPTEMBER 10, 2008

1.  CALL TO ORDER.

2.  ROLL CALL.

SAN DIEGO COAST DISTRICT

3.  CONSENT CALENDAR. See AGENDA CATEGORIES.

 Motion and Vote

a. Application No. 6-08-64 (Kennick, San Diego) Application of Mr. & Mrs. Mike T. Kennick to demolish home and construct 3-story 30-ft. high 1,690 sq.ft. single family home with 2 car garage on 1,282 sq.ft. site, at 725 Yarmouth Court, Mission Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

4.  CONSENT CALENDAR. See AGENDA CATEGORIES.

 Motion and Vote

a. Application No. 5-08-15 (La Londe, Seal Beach) Application of Rudy La Londe to demolish single-family home and construct new ocean-fronting, 3,254 sq.ft. 3-story single-family home and 505 sq.ft. of seaside deck/patio areas (extending 10-ft. seaward, beyond property boundary, into land leased by Surfside Colony to applicant) and attached 420 sq.ft. 2-car garage, including grading 123 cu.yds. or recompaction, and after-the-fact approval for transfer of 25’ x 0.90’ portion of land, at A107 Surfside, Seal Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-115 (Rogers, Newport Beach) Application of Joseph & Tina Rogers to demolish single family home and construct 2,610 sq.ft., 3-story, 27.5-ft. single-family home and 473 sq.ft. 2-car garage, hardscape improvements and minimal planter landscaping with drip irrigation on beach front lot, including after-the-fact approval of existing 8’x 30’ concrete patio and 3-ft. perimeter wall, within permitted ocean front encroachment area, at 6908 Ocean Front Avenue West, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

5.  ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-08-198 (Cargill Family Trust, Long Beach) Application of Cargill Family Trust to replace existing boat dock with new 6’x 26’ floating boat dock using existing davits on vertical seawall (no new piles), at 109 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

b. Application No. 5-08-202 (Dean Family Trust, Long Beach) Application of Dean Family Trust to replace existing 10’x 60’ boat dock with new same-sized floating boat dock using 2 existing piles (no new piles), and replace gangway, at 11 Sea Isle Drive, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

6.  CONSENT CALENDAR. See AGENDA CATEGORIES.

 Motion and Vote

a. Application No. 5-08-150 (Manjooran, Venice, Los Angeles Co.) Application of Prem Manjooran to demolish 416 sq.ft. single-family home on 2,400 sq.ft. canal-fronting lot and construct 3-story, 30-ft. high, 2,820 sq.ft. single-family home with attached 2-car garage, at 427 Carroll Canal, Venice, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-162 (Asher, Venice, Los Angeles Co.) Application of Peter & Wendy Asher to add 3-story garage onto rear of existing 2-story, 1,053 sq.ft. single-family home on 2,850 sq.ft. canal-fronting lot resulting in 3-level, 30-ft. high, 2,522 sq.ft. single-family home with attached 2-car garage, at 232 Sherman Canal, Venice, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-08-201 (Borden Family Trust, San Pedro, Los Angeles Co.) Application of Miriam Borden Family Trust to remodel and add 1,075 sq.ft. to existing 2,209 sq.ft. 1-story single-family home, at 2115 W. Paseo Del Mar, San Pedro, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL COAST DISTRICT

7.  ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 4-08-49 (Rieger, Ventura Co.) Application for Hans and Fran Reiger to add new 8’ x 50’ dock, install four new 14” x 14” pilings, and remove existing 30 ft. long ramp, at 3098 Seahorse Avenue, Ventura County. (AT-V) [APPROVED]

SAN DIEGO COAST DISTRICT

8.  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.

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

 Motion and Vote

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

a.  Solana Beach LCP LUP- Time Extension. Public hearing and action to extend the time limit for action for up to one year on request by City of Solana Beach to certify LCP Land Use Plan. (DL-SD) [Time Extension APPROVED]

 Motion and Vote

11. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-6-OCN-08-72 (S.D. Malkin, Oceanside) Appeal by Citizens for the Preservation of Parks & Beaches from decision of City of Oceanside granting permit with conditions to S.D. Malkin to construct max. 90 ft. high, 336 unit hotel, with 48 fractional units and 18,500 sq. ft. of commercial space on 2.75 acre site, at Pacific Street, between Seagaze Drive and Pier View Way, Oceanside, San Diego County. (TR-SD) [WITHDRAWN]

An addendum has been appended to the staff report for item 11b on Tuesday, September 9.

b.  Appeal No. A-6-OCN-08-75 (Oceanside lot line adjustment). Appeal by Citizens for the Preservation of Parks and Beaches from decision of City of Oceanside granting permit with conditions to City of Oceanside to adjust lot lines of 1.26 acre site developed with multi-story Marina Towers condominium development and parking lot, at the entrance to the Oceanside Harbor, Oceanside, San Diego County. (TR-SD) [TO CONTINUE]

 Motion and Vote

 Motion and  Vote to Continue

12. 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.

Addenda have been appended to the staff reports for items 12a and 12b on Tuesday, September 9.

a. Application No. 6-08-32 (Gessner, San Diego Co.) Application of Bradley & Debra Gessner to construct 3,664 sq.ft. 2-story home and 587 sq.ft. detached garage, with 1,750 cu.yds. of grading on 2.6-ac. vacant lot, at 1451 Rancho Serena Road, Rancho Santa Fe, San Diego County. (GDC-SD)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 6-08-48 (Calif. Dept. of Parks & Rec., Imperial Beach) Application of California Department of Parks and Recreation to deposit 60,000 cu.yds. of sand from nearby source (Goat Canyon) onto beach as 4-month experiment for beach replenishment utilizing finer grain size, along Border Field State Park Beach, from approximately 1/2-mile south of the Tijuana River mouth to approximately 1/2-mile north of the Mexican border, Imperial Beach, San Diego County. (EL-SD)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

13. 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.

An addendum has been appended to the staff report for item 13a on Tuesday, September 9.

a. Permit No. 6-87-606-A2 (Rubin, San Diego) Request by Gerald Rubin & Stanlee Rubin to add 475 sq.ft. play/exercise room in basement of existing home, remove existing swimming pool and construct new swimming pool and spa on 16,878 sq.ft. blufftop lot, at 6206 Camino de la Costa, La Jolla, San Diego, San Diego County. (LRO-SD)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange 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.

a.  City of Dana Point LCP Amendment No. DPT-MAJ-4-06 (Town Center). Certification Review. Concurrence with the Executive Director's determination that the action by the City of Dana Point, accepting certification of DPT-MAJ-4-06 with modifications, is legally adequate. (FSY-LB)  [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. 5-08-99 (Dewey, San Clemente) Application of John Dewey to demolish 1,802 sq.ft. 1-story single family home with attached garage built over 2 lots and construct 2 new single-family homes: (1) 3,269 sq. ft. 2-story 25-ft. tall with attached 447 sq.ft. garage on 7,208 sq.ft. canyon lot and (2) 529 sq. ft. 2-story 25-ft. tall, and attached 583 sq.ft. garage on 7,186 sq.ft. canyon lot. Grading consists of 200 cu.yds. of cut and 25 cu.yds. of fill, at 505 W. Avenida de los Lobos Marinios, San Clemente, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

17. PERMIT AMENDMENTS. See AGENDA CATEGORIESdescription on page 20. 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. 5-94-036-A3 (The Arches Restaurant, Newport Beach) Request by The Arches Restaurant to expand hours of operation of existing restaurant to include lunch service; from current restaurant hours: Mon-Fri, 5:00 pm to 11:00 pm to proposed new operating hours: Mon-Fri, 11:00 am-11:00 pm, with no change to existing Sat-Sun, 6:00am-11:00 pm service, at 508-29th Street, Newport Beach, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

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.  City of Manhattan Beach LCP Amendment No. MNB-MIN-01-08 (Mansionization). Public hearing and action on request by City of Manhattan Beach to amend its certified Local Coastal Program (LCP) by revising zoning provisions of LCP Implementing Ordinances (e.g., open space, setbacks, lot mergers, smaller homes, accessory structures) in order to limit mansionization (i.e., larger out-of-scale homes on consolidated lots replacing smaller homes in established residential areas). (CP-LB) [APPROVED]

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

20. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-LOB-08-218 (City of Long Beach Dept. of Parks, Rec. & Marine, Long Beach) Appeal by Laurence Goodhue & Kerrie Aley from decision of City of Long Beach granting permit to City of Long Beach Dept. of Parks, Recreation & Marine with conditions for (1) removal of a 1,500-ft. chain-link fence from the southwest side of Marine Stadium (from Bayshore Avenue to La Verne Avenue), and (2) removal of a 1,850-ft. chain-link fence on the southwest side of Marine Stadium (between La Verne Avenue and 3rd Street) and replacement with a 1,850-ft. decorative wrought iron fence, at 5255 Paoli Way (Marine Stadium), Long Beach, Los Angeles County. (CP-LB) [POSTPONED]

21. 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. 5-08-159 (City of Santa Monica Redevelopment Agency, Santa Monica) Application of City of Santa Monica Redevelopment Agency to construct mixed use development consisting of 164 market-rate condominiums; 160 affordable rental units; 20,000 sq.ft. of ground floor retail/restaurant space, with 3,000 sq.ft. of outdoor dining; 619 parking spaces; public access improvements; landscaping with maximum height of structures between 65 to 96 ft. The project will be designed to achieve certified LEED Silver status and include photovoltaic system on the roof, at 1600-1800 E. Ocean Avenue, Santa Monica, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

 Motion and Vote

SOUTH CENTRAL COAST DISTRICT

22.  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.

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

 Motion and Vote

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

a. City of San Buenaventura LCP Amendment No. SBV-MAJ-2-07. Public hearing and action on request by City of San Buenaventura to amend its LCP to replace the 1993 Downtown Specific Plan policies with the 2007 Downtown Specific Plan land use policies and implementation measures. (AT-V) [WITHDRAWN]

b. City of San Buenaventura LCP Amendment No. SBV-MAJ-1-08. Public hearing and action on request by City of San Buenaventura to amend its LCP by adding the Midtown Corridors Development Code Main Street and Thompson Boulevard. (AT-V) [POSTPONED]

c.  City of San Buenaventura LCP Amendment No. SBV-MAJ-1-07 – Time Extension. Public hearing and action to extend time limit for one year on request by the City of Ventura to amend the certified LCP for the mixed-use development proposed on approximately 26.92 acres of vacant land and water in the Ventura Harbor area. (JF-V) [APPROVED]

 Motion and Vote

An addendum has been appended to the staff report for item 24d on Monday, September 8.

d.  City of Santa Barbara LCP Amendment No. SBC-MAJ-1-08. Public hearing and action on request by City of Santa Barbara to amend its LCP to update the land use and zoning designations for several properties in the Las Positas Valley that have been annexed from Santa Barbara County to the City of Santa Barbara. (JF-V) [TO CONTINUE]

 Motion and Vote

25. 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. 4-05-154 (Page, Los Angeles Co.) Application of Ralph Page to construct 1 story 25.5-ft. high 3,400 sq.ft. single family home, detached 500 sq.ft. garage with 2 story 23-ft. high 750 sq.ft. guest house with 350 sq.ft. decks, driveway, septic system, retaining walls, temporary construction trailer, total grading 498 cu.yds. of cut, 498 cu.yds. of fill including unpermitted 50 cu.yds. cut and 50 cu.yds. fill grading, at 33383 Mulholland Highway, Malibu, Los Angeles County. (JJ-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 4-06-89 (Richardson, Los Angeles Co.) Application of Harold Richardson to construct 2 story 24-ft. high 3,660 sq.ft. single family home with attached 795 sq.ft. 3 car garage, underground water tank, septic system, 450-ft. long driveway with turnaround area, temporary construction trailer and residential mobile home, restore and replant about 200 lineal feet of existing driveway retaining 10-ft. wide maintenance driveway, restore and replant about 400 lineal feet of existing driveway and 6,609 cu.yds. of cut, 6,609 cu.yds. to be exported to offsite disposal site, at 21310 Saddle Peak Road, Topanga, Los Angeles County. (JJ-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 4-07-97 (Abedi & Hashemyar, Los Angeles Co.) Application of Hiwad Abedi & Mehnaz Hashemyar to construct 2 story 28-ft. high, 6,025 sq.ft. single family home, 675 sq.ft. guest house above 700 sq.ft. gym, and 641 sq.ft., 3-car garage, 1,388 sq.ft. decks and balconies, pool, spa, pond, gazebo, driveway, septic system, retaining walls, 150 cu.yds. of cut, 340 cu.yds. of fill, at Lot 7, Tract 38931, Piuma Road east of Woodbluff Road, Calabasas, Los Angeles County. (JJ-V) [POSTPONED]

d. Application No. 4-07-131 (Calleguas Municipal Water District, Ventura Co.) Application of Calleguas Municipal Water District to construct a 5,100-ft. long outfall pipeline to discharge tertiary treated wastewater and desalinated groundwater to the Pacific Ocean offshore of Port Hueneme Beach Park, Port Hueneme, Ventura County (JF-V) [POSTPONED]

e.  Application No. 4-07-145 (Marshall & English, Ventura Co.) Application of Gemma Marshall and Deborah English for after-the-fact approval to subdivide existing 10.52 ac. lot into 2 separate lots (5.29 acres and 5.23 acres), at 1035 Henry Ridge Motorway, Santa Monica Mountains, Los Angeles County. (SMH-V) [DENIED]

 Motion and  Vote

26. NEW APPEALS. See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 26a on Monday, September 8.

a.  Appeal No. A-4-VNT-08-57 (Lifeguard Tower and Restroom, Ventura Co.) Appeal by Graham and Bella Galliford, Arnie and Sherri Friedman, Chester and Jane Haines, and Bob Jurik from decision of County of Ventura granting permit to Ventura County Harbor Department to construct a 1,700 sq.ft., maximum 33-ft. in height, lifeguard tower and public restroom building on Silver Strand Beach, west of the intersection of San Nicolas Avenue and Ocean Drive, County of Ventura. (SLG-V) [TO CONTINUE]

 Motion and Vote

 Motion and Vote to Continue

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:

Ailanto Properties, Inc. v. CCC et al.  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).
Charles A. Pratt Construction Co., Inc. v. CCC  Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al.  Govt. Code § 11126(e)(2)(A).
Ocean Harbor House Homeowners Association v. CCC  Govt. Code § 11126(e)(2)(A).
Revell v. 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).
McNamee v. CCC et al. Govt. Code § 11126(e)(2)(A).
State of Washington v. Federal Energy Regulatory Commission, Govt. Code § 11126(e)(2)(C)

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 on Close Session

27.  APPROVAL OF MINUTES.

28.  COMMISSIONERS' REPORTS.

29.  CONSERVANCY REPORT.

30.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

31. DEPUTY ATTORNEY GENERAL'S REPORT.

The Legislative report linked below has been updated and reposted on Friday, September 5.

32.  EXECUTIVE DIRECTOR’S REPORT including report on legislation and water quality.

a.  Public Education Grant Program. Public hearing and action on proposed targeted grant awards from sales of the Whale Tail License Plate. (CP & SBL - SF) [APPROVED]

 Motion and Vote

b. Legislative Report for September 2008. (SC-SAC)

33. Reception. The Commission and the public are invited to a reception hosted by the Greater Eureka Chamber of Commerce at Avalon Restaurant and Bar in Eureka following the conclusion of Wednesday’s hearing items. The cost per person is $20.00. Because space is limited, attendance will be available by reservation only. Members of the public who are interested in attending the reception should contact the Chamber at (707)442-3738.

 General Public Comment

Future Meetings: The next meetings of the Coastal Commission will be October 15-17 in Ventura, November 12-14 in Long Beach, and December 15-17 in San Francisco.

See future agenda items (these are items submitted to the Coastal Commission and could be scheduled on future meeting agendas).