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February 2009 Agenda

Huntington Beach City Hall
City Council Chambers
2000 Main St.
Huntington Beach, CA
(562) 972-9854

[The above telephone number is only for use when the meeting is in session.]

This has been updated at 7:45 a.m., Wednesday, February 4, 2009.

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THURSDAY, FEBRUARY 5, 2009

1. CALL TO ORDER.

2.  ROLL CALL.

SOUTH CENTRAL COAST DISTRICT

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

[An addendum has been appended to the staff report for item 2.5a below on February 3.]

a.  City of Carpinteria LCP Amendment No. CPN-MAJ-2-07. Public hearing and action on request by City of Carpinteria to amend the Land Use Plan and Implementation Plan portions of its certified Local Coastal Program (LCP) to rezone APN 004-013-026 from Agricultural five-acre minimum parcel size under the jurisdiction of Santa Barbara County to Planned Unit Development under City of Carpinteria Jurisdiction to allow a reduced wetland buffer for mechanically created wetlands. (AT-V) [APPROVED WITH MODIFICATIONS]

 Motion and Vote

 Motion and Vote

 Motion and Vote

 Motion and Vote

2.6. 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. 4-98-24 (Mariposa Land Co., Malibu) Application of Mariposa Land Co. for permanent placement of rock rip-rap revetment along  500-ft. section of the west bank of lower Malibu Creek, in follow-up to Emergency permit, including revegetation of revetment site to create approximately 0.59 acres of riparian and upland habitat, at 3728 Cross Creek Road, City of Malibu, Los Angeles County. (DC-V) [WITHDRAWN]

b. 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 the existing Hollister Ave/Highway 101 intersection, pursuant to a consolidated coastal development permit which includes replacement of existing overpass structures over highway and UPRR, and realignment with Cathedral Oaks Road, located within City of Goleta and adjoining small area of unincorporated Santa Barbara County. (LO/SG-V) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

NORTH CENTRAL COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a.  Application No. 2-08-11 (Marin County Dept. of Public Works)  Application of Marin County Department of Public Works to clean sediment from a box culvert and excavate approximately 415 linear feet of a stream channel at Mile Marker 25.00 Sir Francis Drake Blvd. (SFBD) and associated channels to protect Sir Frances Drake Blvd and Bear Valley Road from flooding, accidents and potential closure, located in Inverness, Marin County. (DSM-SF) [APPROVED]

 

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

4.  ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY.  Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development.  For specific information contact the Commission’s Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240.  [APPROVED] 

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

6. 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. E-08-19 and CC-28-08 (Plains Exploration and Production Company, Santa Barbara Co.) Application of Plains Exploration and Production Company to drill up to 14 oil and gas production and 3 utility wells into state tidelands from existing Platform Irene located in federal waters offshore of Vandenberg Air Force Base, Santa Barbara County.  (CT-SF) [POSTPONED]

7. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CD-001-09 (U.S. Army Corps of Engineers, San Diego Co.)  Consistency determination by Corps of Engineers for maintenance dredging of San Diego Harbor Federal Channel, with dredged sediment discharge in nearshore zone off Imperial Beach, San Diego Co. (LJS-SF) [POSTPONED]

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

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

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

a.  City of Pacifica LCP Amendment No. PAC-MAJ-1-08 (270 Rockaway). Time Extension. Public hearing and action on extension of time to act on request by City of Pacifica to amend its certified LCP by amending the Rockaway Beach Specific Plan Figure 7, Land Use Boundaries and Parking Locations, page 13 to allow office uses located entirely above the ground floor. (RP-SF) [Time Extension APPROVED]

 Motion and Vote

b.  City of Half Moon Bay LCP Amendment No. HMB-MAJ-2-05 (Measure D). Time Extension. Public hearing and action on extension of time to act on request by City of Half Moon Bay to amend its certified Local Coastal Program to implement Measure D, a 1% per year residential growth limitation initiated by the citizens of Half Moon Bay in 1999. (MC-SC) [Time Extension APPROVED]

 Motion and Vote 

10.5. NEW APPEALS.

a.  Appeal No. A-2-MAR-09-001 (Biondi, Muir Beach) Appeal by Robin Collier from decision of County of Marin granting permit with conditions to Beverly Biondi for construction of 1,355 sq.ft. 1 bedroom home on 10,000 sq.ft. lot, including removal of 7 pine trees, 3 vehicular turnouts along Charlotte's Way, 1,130-ft. long private access and utilities easement that serves 5 existing residences, at 9 Charlotte's Way, Muir Beach, Marin County. (CL-SC). [NO SUBSTANTIAL ISSUE FOUND]

 Motion and  Vote

11. 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.

[An addendum has been appended to the staff report for item 11a below on February 3.]

a. Appeal No. A-2-SMC-07-01 (Sterling, San Mateo Co.) Appeal by Commissioners Caldwell & Kruer from decision of County of San Mateo granting permit with conditions to Dan & Denise Sterling for conversion of agricultural well to domestic use, construction of new 6,456 sq.ft., single family home, placement of up to 7 water storage tanks for fire suppression, installation of septic system, construction and grading of private access driveway, and legalization of existing mobile home as temporary housing during construction, on legal 143-ac. parcel located east of unincorporated El Granada area of San Mateo County, at 300 San Juan Ave, El Granada, San Mateo County. (TT-SF) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

CENTRAL COAST DISTRICT

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 Santa Cruz office at (831) 427-4863. [APPROVED]

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

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

a. Santa Cruz County LCP Amendment No. SCO-MAJ-1-07 Part 2 (Timber Harvest on Agriculture Lands). Public hearing and action on request by Santa Cruz County to amend the LCP to allow timber harvesting in agriculturally designated areas. (SC-SC) [WITHDRAWN]

b.  Santa Cruz County LCP Amendment No. SCO-MAJ-1-08 Part 4 (Groundwater Quality). Time Extension. Public hearing and action on extension of time limit to act on request by Santa Cruz County to amend the LCP’s Well Ordinance (LCP Chapter 7.70) to increase protection of groundwater quality. (SC-SC) [Time Extension APPROVED]

 Motion and Vote

c.  Santa Cruz County LCP Amendment No. SCO-DM-2-08 (Wireless Ordinance Changes). Concurrence with the Executive Director’s determination that the request by Santa Cruz County to modify the LCP’s wireless communications facilities ordinance (to require certain additional buffers, and to further limit the number of facilities per site) is de minimis. (SC-SC) [APPROVED]

15. 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. 3-01-039-A2 (Seymour, Morro Bay). Request by Valerie Seymour to amend coastal development permit to allow minor interior modifications to existing inn/spa, and to add new hot tub, storage shed, deck and fence between the rear of the building and the bluff, at 1140 Front Street, Morro Bay, San Luis Obispo County. (MW-SC) [APPROVED WITH CONDITIONS]

 Motion and Vote

 Report from Closed Session

SOUTH COAST DISTRICT (Orange County)

16.  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.

 

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

 Motion and Vote

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

a.  Laguna Beach LCP Amendment No. LGB-MAJ-1-08b (Parking) Request by the City of Laguna Beach to amend the certified Local Coastal Program (LCP) Implementation Plan by modifying Chapter 25.52, the City’s parking ordinance relative to in-lieu certificates, off-site parking, valet parking, among other provisions, Laguna Beach, Orange County. (MV-LB) [APPROVED WITH MODIFICATIONS]

 Motion and Vote 

 Motion and Vote

b.  City of Dana Point LCP Amendment No. DPT-MAJ-1-08.  Public hearing and action to extend 90-day time limit for action on City of Dana Point LCP Amendment 1-08 (formerly DPT-MAJ-3-06) pertaining to the Dana Point Harbor Revitalization Plan, Dana Point, Orange County. (FSY-LB) [APPROVED]

 Motion and Vote

c.  City of Laguna Beach LCP Amendment No. LGB-MAJ-3-08, Public hearing and action to extend 90-day time limit for action on City of Laguna Beach LCP Amendment 3-08 to make four unrelated changes to the certified LCP: 1)  proposal to land use designate and pre-zone the 8.52 acre site at 1900 Laguna Canyon Road (known as ACT V) to Public/Institutional land use designation and Institutional pre-zone; 2) zone change at 1435 North Coast Highway from R-1 Residential Low Density to C-N Commercial Neighborhood; 3) amend Land Use Element Policy 12-F regarding existing 500 square foot size limit for buildings located in Public Recreation and Parks land use designation; and, 4) changes to the Implementation Plan effecting how building heights are measured and clarifying parking garage regulations in certain zones, in the City of Laguna Beach, Orange County. (MV-LB) [APPROVED]

 Motion and Vote 

[An addendum has been appended to the staff report for item 18d below on February 4.]

d.  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) [APPROVED WITH MODIFICATIONS]

 Motion and Vote

 Motion and  Vote

 Motion and Vote

Amending  Motion and Vote

Amending  Motion and Vote

Amending  Motion and Vote

 Withdrawn 

Amending  Motion and  Vote

19. 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. 5-08-204 (Bissell, San Clemente) Application of Betty Bissell to construct 5,583 sq.ft., 4-unit apartment complex with four 2-car garages and 1 guest parking space including hardscape and landscape improvements and 1,350 cu.yds. of fill on vacant coastal canyon lot, at 214 Avenida Montalvo, San Clemente, Orange County. (LR-LB) [POSTPONED]

[An addendum has been appended to the staff report for item 19b below on February 3.]

b. Application No. 5-08-279 (ETCO Investment, LLC, Newport Beach) Application of ETCO Investment, LLC to demolish on-site commercial buildings and construct mixed-use development consisting of 8 buildings with 36,000 sq.ft. of commercial use (office and retail) and 77,100 sq.ft. residential use (27 residential units); 246 parking spaces; tentative tract map for condominium purposes; new hardscape and landscape improvements; grading consisting of 36,000 cu.yds. of export; bulkhead replacement along approx. 485 ft. of waterfront; new public access and public view easements; demolish and reconstruct 21-24 slip marina in new configuration with up to 12 new temporary docks, maintenance dredging of 1,100 cu.yds.; and replant 75 sq.ft. pickleweed habitat on 2.37-ac. bulkhead lot in Newport Beach, at 2300 Newport Blvd., Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS, Moved to Consent Calendar]

c. Application No. 5-05-314 (Rambo, San Clemente) Application of Brad & Wendy Rambo to repair and replace surficial slope failure on coastal canyon to pre-slide profile with compacted engineered fill and geo-grid including drainage improvements and construct pool/spa and landscape improvements, at 506 Avenida De La Riviera, San Clemente, Orange County. (LR-LB) [APPROVED WITH CONDITIONS, Moved to Consent Calendar]

20. RECONSIDERATION.  See AGENDA CATEGORIES.

a.  Application No. 5-07-327-R (Livoni, Newport Beach) Application of Richard Livoni Secord Family Limited Partnership to remove unpermitted retaining walls and beach access stairway from bluff face, regrade 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, and construct new at grade pathway from new deck to beach, includes grading of 163 cu.yds. of cut, 10 cu.yds. of fill, and 153 cu.yds. of export to location outside of coastal zone and landscape improvements, at 3335 Ocean Boulevard, Newport Beach, Orange County. (TH-LB) [APPROVED]

 Motion and Vote 

21. DEVELOPMENT AGREEMENT.

a.  Application No. 5-09-008, (Hoag Memorial Hospital Presbyterian, Newport Beach) The City of Newport Beach and Hoag Memorial Hospital Presbyterian request Commission action on an amendment to a previously approved (February 1994) Development Agreement which included a Master Plan for the Hoag Hospital site. The proposed amendment would result in changes to the approved development agreement including: maintaining the overall development cap for the entire site of 1,343,238 sq.ft., transferring up to 225,000 sq.ft. of existing 577,889 sq.ft. of development potential from the lower campus portion of the site (which is located within the coastal zone) to the upper campus (located outside the coastal zone) that will then have a maximum development potential of 990,349 sq.ft., at 4000 West Coast Highway, Newport Beach, Orange County. (MV-LB) [APPROVED]

 Motion and Vote 

ENFORCEMENT

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

23. Commission Cease and Desist Order No. CCC-09-CD-02 (Driftwood Properties, LLC –Laguna Beach, Orange County) Public hearing and Commission action on proposed Cease and Desist Order directing Driftwood Properties, LLC, all of its partners, subsidiaries, members, and submembers, etc. (including Laguna Beach Holdings LLC, the sole member of Driftwood Properties LLC; together with Ohana Laguna LLC, the sole member of Laguna Beach Holdings LLC), and its agents including Athens Development AC, LLC to cease and desist from conducting further unpermitted development, including the removal of major vegetation and grading, and from maintaining unpermitted development, including, but not limited to placement of sandbags, sand/gravel/earthen berms, filter fabric over the berms, and plastic discharge pipes; on property treated by the Orange County Assessor’s Office as two parcels with Assessor Parcel Numbers 056-240-65 and 656-191-40, located at the northern terminus of Driftwood Drive in the City of Laguna Beach, Orange County. (ANM-SF) [POSTPONED]

24. Commission Restoration Order No. CCC-09-RO-01 (Driftwood Properties, LLC –Laguna Beach, Orange County) Public hearing and Commission action on proposed Restoration Order directing Driftwood Properties, LLC, all of its partners, subsidiaries, members and submembers, etc. (including Laguna Beach Holdings LLC, the sole member of Driftwood Properties LLC; together with Ohana Laguna LLC, the sole member of Laguna Beach Holdings LLC), and its agents including Athens Development AC, LLC to address unpermitted development, including removal of major vegetation, grading, and placement of approximately 5,500 sandbags, sand/gravel/earthen berms, filter fabric over the berms, and plastic discharge pipes, on property treated by the Orange County Assessor’s Office as two parcels with Assessor Parcel Numbers 056-240-65 and 656-191-40, located at the northern terminus of Driftwood Drive in the City of Laguna Beach, Orange County, through restorative actions including: 1) removing unpermitted development, and 2) restoring impacted areas to the pre-violation conditions.  (ANM-SF) [POSTPONED]

25. Commission Notice of Violation No. CCC-09-NOV-02 (Driftwood Properties, LLC –Laguna Beach, Orange County) Public hearing and Commission action on proposed recordation of a Notice of Violation indicating that unpermitted development had occurred on property owned by Driftwood Properties, LLC (including, but not necessarily limited to, Laguna Beach Holdings LLC, the sole member of Driftwood Properties LLC; together with Ohana Laguna LLC, the sole member of Laguna Beach Holdings LLC), which property is treated by the Orange County Assessor’s Office as two parcels with Assessor Parcel Numbers 056-240-65 and 656-191-40, located at the northern terminus of Driftwood Drive in the City of Laguna Beach, Orange County. (ANM-SF) [POSTPONED]

 General Public Comment