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November 2008 Agenda

Long Beach City Hall
City Council Chambers
333 W. Ocean Blvd.
Long Beach, CA 90802
(562) 972-9854

[This telephone number is only available during the meeting.]

This page was updated at 2:30 p.m., Friday, November 14, 2008.

 Click here to Start 

8:00 a.m.

THURSDAY, NOVEMBER 13, 2008

1.  CALL TO ORDER.

2.  ROLL CALL.

SAN DIEGO COAST DISTRICT

3.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and Vote

a.  Application No. 6-08-81 (Coronado Boathouse) Application of City of Coronado to construct 4,900 sq.ft., 22-ft. high, Boathouse/Community Clubhouse at east end of Glorietta Bay Park; demolish 900 sq.ft. City Recreation Building at west side of park and restore area to park land, at 1825 Strand Way, Coronado, San Diego County. (DL-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

4.  ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 5-08-262 (Sandoval, Huntington Beach) Application of Kim and David Sandoval to construct new 40 ft. long concrete deck cantilevered 5 feet beyond bulkhead.  A 5 ft. tall wrought iron railing is also proposed along perimeter of deck, at 16272 Tisbury Circle, Huntington Beach, Orange County. (MV-LB) [NO OBJECTION TO CONCURRENCE]

5.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and Vote

a. Application No. 5-08-118 (Shea, Newport Beach) Application of Peter & Lynda Shea to demolish single-family home and construct new beach-fronting, 3,809 sq.ft., 29-ft. above finished grade, 2-story single-family home with 400 sq.ft. roof deck and attached 622 sq.ft. 3-car garage, and minor grading, at 9 Beacon Bay, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

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

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

 Motion and Vote

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

a. Encinitas LCP Amendment No. 1-08 (Grading Ordinance Revisions). Public hearing and action on request by City of Encinitas to amend certified Implementation Plan with text revisions to City’s Grading Ordinance and to incorporate identified sections of the City’s Storm Water Manual into the LCP by reference. (GDC-SD) [POSTPONED]

b.  Encinitas LCP Amendment No. 2-08 (Sign Ordinance Revisions) Time Extension. Public hearing and action on extension of time limit to act on request by City of Encinitas to amend its certified Implementation Plan by revising the City’s sign ordinance (Section 30.60) to ban new billboards and allow for sign message substitution. (GDC-SD) [APPROVED]

 Motion and Vote 

An addendum has been appended to the staff report for item 8c on Wednesday, November 12.

c.  Solana Beach LCP (Land Use Plan). Public hearing and action on request by City of Solana Beach to certify LCP Land Use Plan. (DL-SD) [CONTINUED]

 Motion and  Vote 

d. San Diego LCP Amendment No. 3-07A & B (Affordable Housing). Public hearing and action on request of City of San Diego to amend its certified Land Development Code to adopt citywide code revisions for affordable housing density bonuses; and, affordable/in-fill housing and sustainable projects. (LRO-SD) [POSTPONED]

8.5. DISPUTE RESOLUTION.

[An addendum has been appended at the end of the staff report for item 8.5a below on November 6.]

a.  City of Oceanside LCP Amendment # 2-08 (D Downtown District) Re-submittal – EDD. Public hearing on dispute regarding the Commission action on re-submittal of the City’s request to revise the certified Zoning Ordinance for the D Downtown District to address permissible commercial and visitor-serving uses, condo-hotels and fractional units within the District and the Redevelopment Area. The dispute relates to whether the Commission intended to remove joint liability between all parties, or retain joint liability between the owner and operator of the hotel for compliance with the requirements of the Zoning Code related to hotel operation. (TR-SD)

 Motion and  Vote 

9. NEW APPEALS.  See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 9a on Wednesday, November 12.

a.  Appeal No. A-6-PSD-08-004 (Lane Field Developers, San Diego) Appeal by Commissioners Kruer & Shallenberger, Ian Trowbridge & UNITE-HERE Local 30 from decision of Port of San Diego granting permit with conditions to Lane Field San Diego Developers, LLC to construct 2 hotels (205 ft.-high & 275 ft.-high) with 800 rooms total, approximately 80,000 sq.ft. of retail uses, restaurants, public spaces and underground parking for 1,330 vehicles, and development of an off-site hostel and public shuttle program, at site north of Broadway Street between Pacific Highway and Harbor Drive, Port District, San Diego, San Diego County. (DL-SD) [SIGNIFICANT ISSUE FOUND, TO CONTINUE]

 Motion and  Vote 

b.  Appeal No. A-6-OCN-08-49 (Biniaz, Oceanside) Appeal by Commissioners Kruer and Wan, the San Diego Sierra Club & Buena Vista Audubon Society from decision of City of Oceanside granting permit with conditions to Mr. & Mrs. Peter and Joni Biniaz to divide 24,000 sq. ft. lot into 2 lots (Lot 1 = 10,806 sq.ft.; Lot 2 = 13,224 sq. ft.) and construct 24-ft.-high, 3,384 sq.ft. home with attached 624 sq.ft. garage on proposed Lot 2, at 2020 Stewart St., Oceanside, San Diego County. (TR-SD) [POSTPONED]

10. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 6-07-27 (Oceanside opportunistic sand program) Application of City of Oceanside for 5-year program allowing placement of maximum of 150,000 cu.yds. of sand per year on South Oceanside Beach, from Forster St. south to Kelly St., Oceanside, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]

 

b.  Application No. 6-07-125 (La Salle Hotel, San Diego) Application of La Salle Hotel Properties to remove 9,000 sq.ft., temporary event tent structure and 3 tennis courts, and construct single-story, 16,500 sq.ft. conference center within same area of existing resort hotel complex, and construct new swimming pool in different area of complex, at 1775 E. Mission Bay Drive, Mission Bay Park, San Diego, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS]

 Motion and Vote 

c. Application No. 6-08-038 (Solana Beach opportunistic sand program) Application of City of Solana Beach for 5-year program allowing placement of maximum of 150,000 cu.yds. of sand per year, at and south of Fletcher Cove Beach at western terminus of Lomas Santa Fe Drive, Solana Beach, San Diego County. (GDC-SD) [APPROVED WITH CONDITIONS]

d. Application No. 6-08-047 (Cabrillo Power, Carlsbad) Application of Cabrillo Power LLC for one-time only dredging of up to 500,000 cu.yds. of sand from outer basin of Agua Hedionda Lagoon and placement of dredged sand on North, Middle and South Carlsbad Beaches adjacent to Agua Hedionda Lagoon, at 4600 Carlsbad Blvd., Carlsbad, San Diego County. (TR-SD) [APPROVED WITH CONDITIONS]

e. Application No. 6-08-056 (Pardee Homes, San Diego). Application of Pardee Homes to divide 41.83 acres into 15 lots (10 single-family lots and 5 open space, brush management and private road lots) to include construction of 10 residences, 28,000 cu.yds. of balanced grading, road improvements along Old El Camino Real, and public trail link, at Old El Camino Real, south of San Dieguito Road, San Diego, San Diego County. (EL-SD) [POSTPONED]

ENFORCEMENT

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

SOUTH COAST DISTRICT (Orange County)

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.  Laguna Beach LGB-MAJ-2-07 (Downtown Specific Plan Parking & Heights) Certification Review. Concurrence with Executive Director's determination that action by Laguna Beach, accepting certification of LGB-MAJ-2-07 with modifications, is legally adequate, Civic Art District, Laguna Beach, Orange County. (GB-LB) [NO OBJECTION TO CONCURRENCE]

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

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

An addendum has been appended to the staff report for item 14a on Wednesday, November 12.

a.  City of Newport Beach LCP Amendment No. NPB-MAJ-1-07 (Land Use Changes).  Public hearing and action on request by the City of Newport Beach to amend the certified Land Use Plan (LUP) by: (a) changing the land use classification and density/intensity system currently used in the LUP and LUP maps to reflect the new system adopted in the City General Plan’s Land Use Element Update; (b) change in land use designation of 55 sites involving several hundred properties in the coastal zone; (c) policy revisions and additions addressing land uses, site design, building volume, mass, clustering, setbacks, architecture, and nonconformities, Newport Beach, Orange County.  (KFS/LR-LB) [CONTINUED]

15. NEW APPEALS.  See AGENDA CATEGORIES.

16. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 5-08-068 (Golovko, Sunset Beach) Application of Constantine Golovko for after-the-fact approval to demolish an approximately 700 sq.ft. wood deck and railing, new re-framing of deck in same size/configuration and removal of five (5) new unpermitted 3” galvanized pipe piles and stringers and re-decking with new pressure treated redwood planks utilizing eleven (11) of sixteen (16) originally pre-existing piles to support new deck framing and wood planks on bay front lot, at 16862 Bayview Drive, Sunset Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

 Motion and  Vote

Amending  Motion and  Vote 

An addendum has been appended to the staff report for item 16b on Wednesday, November 12.

b.  Application No. 5-06-325 (Walker, San Clemente) Application of Carol Ann Walker to install three 30 in. diameter, approximately 30 ft. deep caissons interconnected by grade beam system and 4 ft. to 10 ft. deep concrete retaining wall in “L” shaped configuration along southwest corner of lot; install five 36 in. diameter, approximately 30 ft. deep caissons and grade beam system beneath patio along southeast corner of lot; reconstruct concrete patio along seaward (rear yard) side of lot; remove existing wrought iron patio fence along seaward side of lot and replace with glass wall on coastal bluff lot, at 1203 Buena Vista, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

17. REVOCATION.

An addendum has been appended to the staff report for item 17a on Wednesday, November 12, 2008.

a.  Application No. R-5-05-020 (Hearthside Homes/Brightwater, Bolsa Chica) Application of Hearthside Homes/Brightwater request by Bolsa Chica Land Trust, California Cultural Resources Preservation Alliance and 20 Native Americans from various tribal groups to revoke permit issued to Hearthside Homes for approval of vesting Tract Map 15460 for subdivision and development of 105-ac. community consisting of 349 residential lots on 68 acres and 37acres of habitat restoration.  The project site contains 2 known archaeological sites, at 17201 Bolsa Chica Road, Bolsa Chica, Orange County. (TH-LB) [DENIED]

 Motion and  Vote 

SOUTH CENTRAL 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 Ventura office at (805) 585-1800.

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

 Motion and Vote

20. NEW APPEALS.  See AGENDA CATEGORIES.

An addendum has been appended to the staff report for item 20a on Wednesday, November 12.

a.  Appeal No. A-4-CPN-08-068 (Lagunitas Mixed Use Project, Carpinteria) Appeal by Gretchen Christman-Johnson from decision of City of Carpinteria granting permit with conditions to Carpinteria Business Park Investors, LLC for construction and operation of mixed use development project including 73 residential units and office/research park building of 84,000 sq.ft. with 340 parking spaces, including private roadways, tot lot, 2 detention basins, utilities infrastructure, bus stop, restoration of riparian corridor and open space grassland area, including vesting tentative parcel map to subdivide 25-ac. property into 3 lots, at 6380 Via Real, Carpinteria, Santa Barbara County. (AT-V) [NO SIGNIFICANT ISSUE FOUND]

 Motion and  Vote 

b.  Appeal No. A-4-MAL-08-074 (Los Angeles Co. Beaches & Harbors, Malibu) Appeal by Commissioners Wan and Kruer from decision of City of Malibu granting permit to Los Angeles County Beaches & Harbors for restoration and repair of portion of Zuma Creek that runs along Zuma Beach access road beneath Highway One to correct current flood damage and prevent future access road flooding, at 30050 Pacific Coast Highway, Malibu, Los Angeles County. (DC-V) [POSTPONED]

21. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIESAttention:  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. 4-06-109 (Sandron, Los Angeles Co.) Application of Allessandra Sandron to construct 5,704 sq.ft. single family home, detached garage with second floor guest unit, driveway, septic system, pool, and 1,600 cu.yds. of grading, at 21941 Saddle Peak Road, Topanga, Los Angeles County. (AT-V) [POSTPONED]

b.  Application No. 4-07-097 (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) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

c. Application No. 4-07-106 (Turcios, Los Angeles Co.) Application of Jose Turcios to construct 35-ft. high, 4,759 sq.ft. single-family home with 822 sq.ft. attached garage, 719 sq.ft. veranda, pool, septic system, extension of Maliview Drive access road, driveway, 2 gates, retaining walls, and 10,950 cu.yds. of grading (5,500 cu.yds. cut, 5,450 cu.yds. fill), at 25710 Mulholland Highway, Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

[An addendum has been appended at the end of the staff report for item 21d below on November 7.]

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

Addenda have been appended to the staff reports for items 21e and 21f on Wednesday, November 12.

e. Application No. 4-08-011 (Chelberg, Los Angeles Co.) Application of Kimberly Chelberg to construct 2-story, 35-ft. high, 2,020 sq.ft. single family home with attached 755 sq.ft. 3-car garage, septic system, 30-ft. long driveway, temporary construction trailer, 190 cu.yds. of cut, 77 cu.yds. of fill with remainder exported offsite, at 26540 Ocean View Drive, Malibu, Los Angeles County. (JJ-V) [APPROVED WITH CONDITIONS]

f.  Application No. 4-08-012 (Weber, Los Angeles Co.) Application of Charles Weber to construct 7,802 sq.ft. single family home, 910 sq.ft. detached garage with 748 sq.ft. second floor housekeeper’s quarters, driveway, septic system, pool, stable/corral area, 6,398 cu.yds. of grading, at 2053 Rambla Pacifico, Malibu, Los Angeles County. (AT-V) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

g.  Appeal No. A-4-STB-07-052 (HR52 Partnership, Santa Barbara Co) Appeal by Commissioners Patrick Kruer and Sara Wan from decision of the County of Santa Barbara granting a coastal development permit for construction a 795 sq. ft. guest house maximum height 15.5 ft, 672 detached garage maximum height 15.5 ft, landscaping, and 433 cu. yds. of cut grading, 5,000 gallon water tank, widening and road improvements, located on Parcel 52, Hollister Ranch, Santa Barbara County. (SLG-V) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

h. Application No. 4-07-116 (Caltrans & City of Goleta, Santa Barbara Co.) Application of co-applicants California Dept. of Transportation (Caltrans) & City of Goleta to reconstruct existing Hollister Ave./Highway 101 intersection, including replacement of existing overpass structures over the highway and UPRR, and realignment with Cathedral Oaks Road, pursuant to a consolidated coastal development permit, within City of Goleta and an adjoining small area of unincorporated Santa Barbara County. (LO/SG-V) [POSTPONED]

[An addendum has been appended at the end of the staff report for item 22a below on November 7.]

22. VESTED RIGHTS CLAIM.

a.  Claim of Vested Rights No. 4-08-066-VRC (Jamieson, Carpinteria) Public hearing and action on claim of vested rights by Lee Jamieson for patio extension, at 4809 Sandyland Road, Carpinteria, Santa Barbara County. (BJC-V) [DENIED]

 Motion and  Vote 

 General Public Comment