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January 2009 Agenda

City of Oceanside
City Council Chambers
300 North Coast Hwy.
Oceanside, CA 92054

This has been updated at 7:30 p.m., Wednesday, January 7, 2009.

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10:00 A.M.

WEDNESDAY, JANUARY 7, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

SOUTH COAST DISTRICT (Los Angeles County)

3.  CONSENT CALENDAR. See AGENDA CATEGORIES.

 Motion and Vote 

a. Application No. 5-08-302 (James Maslon Trust, Los Angeles Co.) Application of James Maslon Trust to demolish 1-story, 917 sq.ft. single-family home, and construct 3-level, 30-ft. high, 3,348 sq.ft. single-family home with attached 2-car garage on canal-front lot, at 2331 Grand Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

4.  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 Francisco office at (415) 904-5260. [APPROVED]

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

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

a.  City of Half Moon Bay LCP Amendment No. HMB-MAJ-1-08  (Callan Rezone). Public hearing and action on request by City of Half Moon Bay to amend its certified Implementation to rezone an approximately 35,143 sq.ft. (.80 ac.) property from Single-Family Residential (R-1-B-2) to Single-Family Residential (R-1-B-1). (DSM-SF) [APPROVED]

 Motion and  Vote 

7. 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. 2-07-038 (City of Pacifica) Application of City of Pacifica to retain 700-ft. long, 40-ft. wide, 20 ft. tall rock revetment, previously constructed under emergency conditions and previously approved under A-2-PAC-00-10 and 2-00-009, along bluff face west of 528-572 Esplanade Drive, Pacifica, San Mateo County. (MC-SC) [APPROVED WITH CONDITIONS]

 Motion and  Vote

Amending  Motion and  Vote 

8. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-2-MAR-08-28 (Lawson’s Landing, Dillon Beach) Appeal by Sara Wan, Mike Reilly, Marin Audubon Society, Sierra Club - Marin Group, Alliance of Permanent Trailers, and Environmental Action Committee of West Marin of decision of County of Marin granting permit with conditions to Lawson’s Landing, Inc. for recreational and agricultural uses of the 940 to 960-acre property and use of approximately 245 acres of land for campground related uses on numerous parcels, at 137 Marine View Drive, Dillon Beach, Marin County. (RP-SF) [SUBSTANTIAL ISSUE FOUND, de Novo Hearing TO CONTINUE] 

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 Santa Cruz office at (831) 427-4863.

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

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

a.  San Luis Obispo County LCP Amendment No. SLO-MAJ-2-04 Part 2 (Estero Area Plan Update) - Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County accepting certification of LCP amendment SLO-MAJ-2-04-Part 2 with modifications (updating the LCP land use plan’s Estero Area Plan, including revised standards for development in the Estero area) is legally adequate. (JB-SC)  [APPROVED]

b.  San Luis Obispo County LCP Amendment No. SLO-MAJ-2-04 Part 3 (Partial CZLUO Update)-Certification Review. Concurrence with the Executive Director’s determination that the action by San Luis Obispo County accepting certification of LCP amendment SLO-MAJ-2-04 Part 3 with modifications (amending multiple sections of the certified LCP implementation plan) is legally adequate. (JB-SC)  [APPROVED]

c.  San Luis Obispo County LCP Amendment No. SLO-MAJ-1-05 Part 2 (DeVincenzo)-Time Extension. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to amend the County’s Local Coastal Plan by changing the land use category on portions of two parcels in the Avila Valley from Rural Lands (RL) to Recreation (REC) and Open Space (OS) and to allow hotels/motels as a special use in the REC category. (JB-SC)  [Time Extension APPROVED]

 Motion and Vote 

d.  San Luis Obispo County LCP Amendment No. SLO-MAJ-1-08 (Agricultural Property Subdivision - Minimum Parcel Size and Clustering)-Time Extension. Public hearing and action on  extension of time limit to act on request by San Luis Obispo County to amend LCP Section 23.04.024 regarding minimum parcel sizes in the Agriculture land use category and to add LCP Sections 23.04.037 and 23.04.038 regarding clustering with subdivisions in the LCP’s Agriculture and Rural Lands land use categories. (JB-SC) [APPROVED]

 Motion and Vote 

e.  University of California at Santa Cruz (UCSC)’s Coastal Long Range Development Plan (CLRDP)-Certification Review. Concurrence with the Executive Director’s determination that the action by the University of California accepting certification of the University of California at Santa Cruz (UCSC)’s Coastal Long Range Development Plan (CLRDP) with modifications (providing for an expanded Marine Science Campus on the University’s 100-acre Terrace Point property at the western border of the City of Santa Cruz), is legally adequate. (DC-SC) [APPROVED]

12. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-3-SCO-08-040 (Santa Cruz County Public Works Department) Appeal by Richard Bartlett, Carolee Burrows, Gary Cunningham, Peter Heylin, Barbara Litsky, Gary Marcum, Cliff Osborne, Robert Rasmussen, Nina Siederbrig, Jean-Anne Taormina, Patrick Tracy, and Mary Twisselman of Santa Cruz County decision granting permit with conditions to Santa Cruz County Public Works Department to prohibit RV parking on East Cliff Drive between 5th and 7th Avenues adjacent to Twin Lakes State Beach in the Live Oak beach area of Santa Cruz County. (SC-SC) [TO CONTINUE]

 Motion and Vote

 Motion and Vote -  Withdrawn

 Motion and  Vote 

b. Appeal No. A-3-MCO-08-061 (Felicity LLC, Pebble Beach) Appeal by Commissioners Kruer and Wan of Monterey County decision granting permit with conditions to Felicity LLC to demolish 2,577 sq.ft. and add 7,089 sq.ft. to existing single family home, and to demolish 480 –sq.ft. guesthouse and construct new 850 –sq.ft. detached caretaker unit, at 3252 17-Mile Drive, Pebble Beach, Monterey County. (KM-SC) [POSTPONED]

13. PERMIT AMENDMENT. See AGENDA CATEGORIES.

a.  Permit No. 3-01-039-A2 (Seymour, Morro Bay) Request by Valerie Seymour to amend coastal development permit to convert 4 room visitor-serving motel/spa into 2 room visitor-serving motel/spa and  single-family home with hot tub, storage shed, deck and fence on bluff at rear of building, at 1140 Front Street, Morro Bay, San Luis Obispo County. (MW-SC) [TO CONTINUE]

 Motion and  Vote

b.  Permit No. P-80-393-A1 (Opal Cliffs Recreation District, Santa Cruz Co.) Request by Opal Cliffs Recreation District to amend coastal development permit to modify several components of Privates Beach coastal accessway, including recognizing after-the-fact construction of 9-ft. fence and locked gate at entrance, and implementing series of accessway improvements inside gate (including installing outdoor shower, upgrading existing water faucet and water meter, and replacing railings and landscaping) at 4520 Opal Cliffs Drive, in Live Oak beach area, Santa Cruz County. (SC-SC) [TO CONTINUE]

 Motion and  Vote 

SOUTH CENTRAL COAST DISTRICT

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 Ventura office at (805) 585-1800.

a.  City of Malibu LCP Amendment No. MAJ-1-07 (Broad Beach) Certification Review.  Concurrence with Executive Director’s determination that action by the City of Malibu, acknowledging receipt, acceptance, and agreement with the Commission’s certification with suggested modifications is legally adequate. (DC-V) [APPROVED]

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

 Motion and Vote 

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

a.  City of Santa Barbara LCP Amendment No. MAJ-3-08 (Coast Village Road/Olive Mill Road Rezone) Time Extension. Public hearing and action to extend the time limit for action for one year on City of Santa Barbara request to amend its LCP Implementation Plan by amending the Zoning Ordinance map to change the zoning of one lot from Two-Family Residential and Coastal Overlay Zone (R-2/S-D-3) to General Commerce and Coastal Overlay Zone (C-1/S-D-3) located at 1298 Coast Village Road, City of Santa Barbara, Santa Barbara County. (JJ-V) [Time Extension APPROVED]

 Motion and Vote 

b.  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, Las Positas Valley, City of Santa Barbara, Santa Barbara County.  [APPROVED]

 Motion and Vote

 Motion and Vote 

17. 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. 4-08-067 (City of Ventura, Ventura Co.) Application of City of Ventura to perform routine repair and maintenance activities to Ventura Pier for the next 5 years, at California St. and Harbor Blvd., City of Ventura, Ventura Co. (DC-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

b. Application No. 4-06-018 (Bonenfant, Los Angeles Co.) Application of Dan Bonenfant to construct 2-story 35 ft. 2,030 sq.ft. single-family home with attached 600 sq.ft. 3 car garage, 2,546 sq.ft. balconies/deck, driveway, retaining walls, septic system, drainage improvements, and 188 cu.yds. of cut grading with 188 cu.yds. of export to a disposal site, at 4111 Maguire Drive, Malibu Vista Small Lot Subdivision,  Los Angeles County. (JJ-V) [APPROVED WITH CONDITIONS, moved to Consent Calendar]           

c.  Application No. 4-06-106 (Haines, Los Angeles Co.) Application of Matthew Haines to construct 35-ft. high, 2,654 sq.ft. single-family home, 641 sq.ft. attached garage, septic system, driveway, retaining walls, 1,311 sq.ft. balconies, and 721 cu.yds. of grading (346 cu.yds. cut, 375 cu.yds. fill), at 2940 Sequit Drive, Santa Monica Mountains, Los Angeles County. (SLG-V) [APPROVED WITH CONDITIONS]

 Motion and Vote 

d. Application No. 4-07-132 (Bersohn, Los Angeles Co.) Application of David Bersohn to construct 3,003 sq.ft. 26-ft. high single family home, 720-ft. under house carport and workshop, 150 sq.ft. pump house with solar array, water tank, driveway, septic system, outdoor patio, temporary construction trailer, and 1,625 cu.yds. of grading (1,279 cu.yds. cut and 346 cu.yds. fill), at 24810 Piuma Road, Malibu, Los Angeles County. (AT-V)

18.  PUBLIC WORKS PLAN. 

[An addendum has been appended to the staff report for item 18a below on January 6.]

a. Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 1-08 (Bahia Marina Dock Expansion and Replacement). Public hearing and action on notice of impending development by Channel Islands Harbor to replace 84 existing slips with 91 new slips in sizes that range from 38 ft. to 131 ft. and replace associated gangways and abutments along west side of harbor at 4200 S. Harbor Boulevard, Oxnard, Ventura County. (AT-V) [APPROVED]

 Motion and  Vote

SOUTH COAST DISTRICT (Los Angeles County)

19.  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.

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

21. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-5-MNB-08-306 (City of Manhattan Beach, Manhattan Beach) Appeal by William Victor of City of Manhattan Beach decision granting permit for citywide modifications to the public parking meter rates, including raising fee for public parking meters by $0.25 cents per hour resulting in $1.25 per hour for streets, and by $0.50 cents per hour resulting in $1.50 per hour for pier and beach parking lots within the appeal able area of the coastal zone, Manhattan Beach, Los Angeles County. (CP-LB) [NO SUBSTANTIAL ISSUE FOUND]

 Motion and  Vote 

22. 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. 5-07-375 (T-Mobile, USA, Venice, Los Angeles) Application of T-Mobile, USA to install 47.5-ft. tall wood utility pole to support cell phone equipment and  antennas, at Eastern edge of Pacific Avenue right-of-way (4100 block - at Jib Avenue), Venice, Los Angeles, Los Angeles County. (CP-LB) 

b. Application No. 5-08-187 (City of Long Beach Maintenance and Development Bureau, Long Beach) Application of City of Long Beach to establish a city tree trimming and tree removal policy, at Downtown Shoreline, Alamitos Bay Marina, and other state tidelands and beaches within City of Long Beach, Long Beach, Los Angeles County. (CP-LB)

c.  Application No. 5-08-251 (Los Angeles Unified School District, Los Angeles) Application of Los Angeles Unified School District to construct 810 seat high school with 30 classrooms, administrative offices, gymnasium, amphitheater, sports fields, wind turbines, and 193 on-site parking spaces, at 3210 South Alma, San Pedro, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

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:

Alberstone v. CCC (Stibel, RPI)  Govt. Code § 11126(e)(2)(A).
Burke v. CCC (State of California et al. RPI)  Govt. Code § 11126(e)(2)(A).
Driftwood Properties LLC v. CCC et al.  Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al.  Govt. Code § 11126(e)(2)(A).
McAllister v. CCC (Laube & Engel, RPI)  Govt. Code § 11126(e)(2)(A).
More Citizens for Safe Water et al. v. CCC et al. (Montara Water & Sanitary Dist., RPI)  Govt. Code § 11126(e)(2)(A).
Ocean Harbor House Homeowners Association 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).
Yandow et al. v. CCC  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).

23. APPROVAL OF MINUTES.

24. COMMISSIONERS' REPORTS.

25. CONSERVANCY REPORT.

26. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

27. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. SONGS Mitigation Programs. Annual status report to review the progress on the SONGS wetland restoration and reef mitigation programs. (SMH-SF)

b. Report and possible action regarding the Commission’s approval of educational and training activities under Public Resources Code section 30327.5.

 GENERAL PUBLIC COMMENT