Larger


Viewing Issues? Click here.


Audio Only


Streaming Video Home Page

CCC Logo 

 January 2009 Agenda

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

This has been updated at 1 p.m., Thursday, January 8, 2009.

NOTICE

The Coastal Commission’s monthly meeting agenda is now available via the internet.

If you wish to receive electronic notification for Commission meeting agenda, please send your email address to CCCmeetingnotice@coastal.ca.gov

For all other communications, including interest regarding a specific project and a notification request concerning such an item, please contact the appropriate district office  to request to be on the mailing list.

NOTE: Please make sure that you set your e-mail anti-spam settings specifically to allow receipt of email from the coastal.ca.gov domain.

 Click here to Start 

THURSDAY, JANUARY 8, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

ENFORCEMENT

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

SOUTH COAST DISTRICT (Orange County)

4.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and Vote 

a. Application No. 5-08-246 (Coral Cay Community Association, Huntington Beach) Application of Coral Cay Community Association to replace 61 slip marina in same configuration, with same number and sizes of slips, ranging in size from 30 ft. to 39 ft., existing piles will be re-used with no new piles proposed and dredging of 3,000 cu.yds. of material will be dewatered at nearby parking lot and disposed of at inland disposal site, at Coral Cay Lane/Marina Bay Drive, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-312 (Sandhu, Newport Beach) Application of Mohindar Sandhu to demolish 2-story single family home and construct new 2,447 sq.ft., 25-ft. tall, 2-story single family home over 1,324 sq.ft. basement parking garage/covered parking area, 95 sq.ft. balcony, 490 cu.yds. of cut for site preparation, hardscape improvements and no landscaping on beachfront lot, at 3314 West Ocean Front, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-08-301 (Darrin Wilson Trust, Newport Beach)  Application of Darrin Wilson Trust to demolish 2-story single family home and construct new 2,099 sq.ft., 2-story single family home with attached 321 sq.ft. 2-car garage on beachfront lot consisting of  minimum landscaping and no grading, at 5405 Seashore Drive, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

 Motion and Vote

SOUTH COAST DISTRICT (Orange County)

5.  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]

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

 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. 5-08-254 (TRG Investment, LLC, San Clemente) Application of TRG Investment, LLC to demolish 2-level, 5,211 sq.ft. single-family home and construct new 2-level, 6,177 sq.ft. single family home, 819 sq.ft. 3-car garage, grading consisting of 536 cu.yds. of cut, and hardscape and landscape improvements on bluff top, oceanfront lot, at 4036 Calle Ariana, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

 Motion and Vote

8. RECONSIDERATIONS.

a. Application No. 5-07-327-R (Richard Livoni Second Family Limited Partnership, Newport Beach)  Application of Richard Livoni Second Family Limited Partnership for reconsideration of Commission approval with conditions which authorized removal of unpermitted retaining walls and beach access stairway from bluff face, re-grading lower bluff to natural contours, add new caisson-supported deck with enclosed bathroom and spa equipment room on upper bluff face, extend bluff face deck, landscaping and denial of new, at-grade pathway from new deck down bluff face to beach, at 3335 Ocean Blvd., Newport Beach, Orange County. (TH-LB) [POSTPONED]

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

a.  City of Oceanside LCP Amendment No. 2-08 (Downtown "D" District).  Concurrence with the Executive Director's determination that the action by the City of Oceanside accepting certification of LCP Major Amendment 2-08 (updating the permissible commercial and visitor-serving uses and definitions including the introduction of condo-hotels within the Downtown “D” District and the Redevelopment Project Area) with modifications is legally adequate.  (TR-SD) [APPROVED]

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

 Motion and Vote 

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

[An addendum has been appended to the staff report for item 11a below on January 7.]

a.  City of Carlsbad LCP Amendment No. 1-07B (Planned Development Regulations). Public hearing and action on request of City of Carlsbad to amend its LCP to revise zoning designations amending certain development standards pertaining to small lots and condominium developments and/or conversions.  The proposed modifications will facilitate the Planned Development of various high quality residential projects (TR- SD) [APPROVED WITH MODIFICATIONS]

 Motion and Vote

 Motion and Vote

b.  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) [APPROVED WITH MODIFICATIONS]

 Motion and Vote

 Motion and Vote

c. 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]

12. NEW APPEALS.  See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 12a below on January 7.]

a.  Appeal No. A-6-ENC-07-54 (Stahmer & Albin, Encinitas)  Appeal by Donna Westbrook from decision of City of Encinitas granting permit with conditions to Carl Stahmer & Anthony Albin to divide 2 vacant lots (4.23 acres total) into 4 residential lots, at 1120 and 1328 S. El Camino Real, Encinitas, San Diego County. (GDC-SD) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

 Motion and Vote 

b. Appeal No. A-6-OCN-08-49 (Biniaz, Oceanside)  Appeal by Commissioners Kruer & Wan, San Diego Sierra Club & Buena Vista Audubon Society from decision of City of Oceanside granting permit with conditions to Mr. & Mrs. Peter & 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]

[An addendum has been appended to the staff report for item 12c below on January 7.]

c.  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 ac. 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) [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

 Motion and  Vote

d.  Appeal No. A-6-IMB-08-121 (T-Mobile, Imperial Beach)  Appeal by Leslie McCollum & Richard Emilson from decision of City of Imperial Beach granting permit with conditions to T-Mobile to remove existing palm tree and construct 53-ft. high telecommunications facility consisting of 6 panel antennae mounted on a faux palm tree and base station equipment installed inside of a concrete walled area on southeast corner of a multi-family home, at 933 Seacoast Drive, Imperial Beach, San Diego County. (DL-SD) [NO SUBSTANTIAL ISSUE FOUND]

 Motion and Vote 

13. 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.

[Addenda have been appended to the staff reports for items 13a, 13c, and 13d below on January 7.]

a.  Appeal No. A-6-PSD-08-4 (Lane Field Developers, San Diego)  Appeal by Commissioners Shallenberger & Kruer, 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) [APPROVED WITH CONDITIONS]

 Motion and  Vote

b. Application No. 6-08-62 (Blackburn, Solana Beach) Application of Ron Blackburn to construct 369 sq.ft. addition to 1,414 sq.ft. home on blufftop lot, at 205 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD) [POSTPONED]

c. Application No. 6-08-96 (UCSD & Sanford Consortium, San Diego) Application of University of California, San Diego & Sanford Consortium for Regenerative Medicine to construct 4-level (over subterranean level), 75-ft. high, 135,000 sq.ft.  research building including 418 surface parking spaces, 30,000 cu.yds. of grading and removal of approximately 380 Eucalyptus trees, at northwest corner of North Torrey Pines Road and Torrey Pines Scenic Drive, UCSD Campus, La Jolla, San Diego,San Diego County. (LRO-SD)  [APPROVED WITH CONDITIONS]

 Motion and  Vote 

d. Application No. 6-08-100 (Abbott & Saratoga, San Diego) Application of Abbott & Saratoga, LLC to demolish 15 residential units in 4 detached structures and construct 2-story, 14,157 sq.ft., 12-unit condominium building (over 27-space subterranean parking garage) including vacation of portions of 2 adjacent alleys and re-landscaping with turf for public use, on 20,154 sq.ft. beachfront site, at 5113 Saratoga Avenue & 1984 Abbott Avenue, Ocean Beach, San Diego, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

e. Application No. 6-08-107 (State Parks, Imperial Beach) Application of California State Parks to remove metal sheds and construct 18-ft. high, 2,400 sq.ft. storage building within existing 8,900 sq.ft. fenced storage and nursery compound, at 310 Caspian Way, Imperial Beach, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

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.

 Motion and Vote

 GENERAL PUBLIC COMMENT