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March 2009 Agenda

Portola Hotel and Spa at Monterey Bay
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Monterey, CA 93940
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[The phone number will only be in service during the meeting.]

This has been updated at 11:15 a.m., Monday, March 9, 2009.

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10:00 A.M.

WEDNESDAY, MARCH 11, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

SOUTH COAST DISTRICT

3.  ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-08-347 (O'Brien, Long Beach)  Application of Rosanne O'Brien to add 7’x 15’ floating dock segment to 7’x 25’ floating boat dock, and install new 4’x 4’ gangway platform and 2.5’x 20’ gangway.  No new piles, at 2 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB)

4.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and Vote 

a. Application No. 5-07-344 (Bell, San Pedro) Application of Donald & Mary Bell to construct two-story, 2,400 sq.ft., single family home with attached garage, at 1211 Paseo Del Mar, San Pedro, Los Angeles County. (AP-LB)

b. Application No. 5-08-287 (Kamienowicz, Venice)  Application of Solomon & Hedy Kamienowicz to construct three-level, 33-ft. high (with 43-ft. high roof access structure), 5,152 sq.ft. single family home with attached 3-car garage on vacant 3,600 sq.ft. beach-fronting lot (and landscape portion of adjoining 27th Place walk street), at 2615 Ocean Front Walk, Venice, Los Angeles, Los Angeles County. (CP-LB)

c. Application No. 5-08-309 (Chhabria, Hermosa Beach)  Application of Raju & Philomina Chhabria to demolish vacant drive-thru dairy/convenience store and construct 3-story (over subterranean parking structure), 30-ft. high, 6,389 sq.ft. mixed-use commercial development with 18 on-site parking spaces on 5,475 sq.ft., C-2 zoned lot, at 205 Pier Avenue, Hermosa Beach, Los Angeles County. (GB-LB)

d. Application No. 5-08-354 (Hayford, Newport Beach)  Application of Mr. Warren Hayford to demolish 3-story duplex with attached 2-car garage and construct new 2,449 sq. ft., 29 ft. high, 2-story single family home with 118 sq. ft. second story deck, 818 sq. ft. roof deck and attached 427 sq. ft. two-car garage, 350 cu. yds. of over-excavation and re-compaction for site preparation, hardscape improvements and minimal landscaping on a beachfront lot.  The project also requests after-the-fact approval of 15 ft. deep by 30 ft. wide concrete patio and 3 ft. tall perimeter wall within City’s oceanfront encroachment area, at 7304 West Oceanfront, Newport Beach, Orange County. (LR-LB)

e. Application No. 5-09-3 (Steiner, Newport Beach)  Application of Mr. & Mrs. Allen Steiner to subdivide beachfront lot for single-family purposes, demolish single family home and construct new 1,606 sq. ft., 2-story single-family home with 541 sq. ft. basement and 662 sq. ft. 2-car garage, hardscape improvements and no landscaping on beachfront lot at 1358 E. Ocean Front, Newport Beach, Orange County. (LR-LB)

[Items 4f and 4g below  share a single, combined staff report.]

f. Application No. 5-08-356 (City Of Long Beach, Long Beach)  Application of City Of Long Beach for beach nourishment using suitable dredged material from Queens-way Bay, Alamitos Bay, and the Alamitos Bay entrance channel, at On the beach, between 1st Place and Junipero Avenue (West Beach), and between 54th and 72nd Places (Peninsula Beach), Long Beach, Los Angeles County. (CP-LB)

g. Consistency Certification No. CC-004-09 (City of Long Beach, Long Beach)  Consistency Certification for disposal of material from maintenance dredging of existing navigation channels in Long Beach (including Alamitos Bay, Queensway Bay, and the Catalina ferry channels), of up to 90,000 cu. yds. of dredge material a year, at EPA-designated ocean disposal site LA-2, located 6 mi. offshore southwest of Point Fermin, San Pedro, Los Angeles County. (CP-LB).

 Motion and Vote

SAN DIEGO COAST DISTRICT

5.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and Vote 

a. Application No. 6-08-97 (Cricket Communications, San Diego)  Application of Cricket Communications to install telecommunication facility to include 30-ft. high flagpole with antennas ,attached and underground equipment vault, at San Dieguito Regional Park, 1686 Lomas Santa Fe Drive, San Diego, San Diego County. (GDC-SD)

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

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

 Motion and Vote 

8. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-4-STB-09-009 (6533 Trigo Road, Isla Vista) Appeal by Commissioner Mary Shallenberger and Commissioner Sara Wan from decision of the County of Santa Barbara granting permit to D 3 Partners, LLC to demolish a 893 sq. ft. service station and construct a 31,507 sq. ft., 51 ft. high mixed-use development project including: 45 residential units (8 of which will be affordable housing units, 2 commercial units) 22 on-site parking spaces, 49 secured bicycle parking spaces, and right-of-way encroachments along Trigo Road and Embarcadero del Norte for bicycle parking, commercial door-swings, commercial outdoor seating, and building canopies at 6533 Trigo Road, Isla Vista, Santa Barbara County. (AT-V) [POSTPONED]

9. 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. 4-07-40 (Spector, Los Angeles Co.)  Application of Rod and Ramona Spector to construct 4,453 sq.ft., 2-story single family home, 506 sq.ft. attached garage, 572 sq.ft. detached guesthouse with 483 sq.ft. garage below, driveway, retaining walls, septic system, water tank, 1,217 cu. yds. of grading (274 cu. yds. cut, 943 cu.yds. fill), and after-the-fact creation of subject parcel, at 1721 Corral Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

b. Application No. 4-08-026 (Los Angeles County Department of Public Works, Santa Monica Mountains, Los Angeles, Co.) Application of Los Angeles County Department of Public Works to remediate active slope failure and repair/reconfigure 320 linear ft. segment of Hume and Briarbluff Roads involving 135,630 cu. yds. of grading (43,500 cu. yds. of cut, 130 cu. yds. of fill, and 92,000 cu. yds. of removal and recompaction), install drainage system, a temporary irrigation system, and revegetate site with native plants along portion of Hume Road (and descending slopes) between Castlewood and Briarbluff Road intersections with Hume Road, Santa Monica Mountains, Los Angeles County.   (JCJ-V)

c.  Application No. 4-08-061 (April’s Trust, Los Angeles Co.) Application of April’s Trust to construct 28-ft. high, 1,960 sq. ft. single-family home with 420 sq. ft. attached garage, deck, driveway, septic system, and Fire-Department access stairs at 799 Latigo Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V)

 Motion and  Vote

10. PUBLIC WORKS PLAN.

a.  Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 4-08 (Anacapa Marine Services-Bellport Marina Reconstruction and Expansion). Public hearing and action on notice of impending development by Channel Islands Harbor to demolish 27 slip marina and replace it with 55 new slips, new gangways and abutments, modern fire suppression systems, new dock boxes, and electrical utility systems, add new 75 ton travel lift, construct new 180 sq. ft., 12 ft. tall restroom building, add 9 vehicle parking spaces, and construct approximately 250 ft. long public walkway along Victoria Avenue at 3203 S. Victoria Avenue, Oxnard, Ventura County. (AT-V)

 Motion and Vote 

SOUTH COAST DISTRICT

11.  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.

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

 Motion and Vote 

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

a.  Laguna Beach LCP Amendment No. LGB-MAJ-3-1 Certification Review.  Concurrence with Executive Director's determination that the action by the City of Laguna Beach, accepting certification of LGB-MAJ-3-01 with modifications (which establishes a new South Laguna Village zone) is legally adequate. (MV-LB)

14. 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. 5-08-2 (Richmond, Long Beach)  Application of Timothy Richmond remove 38.5-ft. long pier, gangway and U-shaped dock float, and replace with new 38.5-ft. long pier, new gangway and new U-shaped dock in same location using four existing piles and one new pile, and remove access impediments from public right-of-way that traverses site., at 5553 Sorrento Drive, Long Beach, Los Angeles County. (CP-LB)

SAN DIEGO COAST DISTRICT

15.  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.

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

 Motion and Vote 

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

a.  Carlsbad LCP Amendment No. 2-07B (Kelly JRMC).  Public hearing and action on request by City of Carlsbad to amend both the Land Use Plan and Implementation Plan to change the land use designation from Planned Industrial and Unplanned Industrial to Open Space on a portion of the site, and change the zoning designation from Planned Industrial-Qualified Overlay Zone to Open Space on a portion of a 5.9 acre site to accommodate a 89,894 sq. ft. office building.  (TR-SD)

 Motion and Vote 

 Motion and Vote

 Motion and Vote

b.  Carlsbad LCP Amendment No. 2-08 (A & B).  Time Extension.  Public hearing and action to extend 90-day time limit for Commission action on request of City of Carlsbad to amend both the Land Use Plan and Implementation Plan to 1) Update the City's Drainage Master Plan and to 2) change the land use designation from Residential Low Medium (RLM) to Open Space and the change the zoning designation from Residential-1 (R-1) to Open Space on a portion to facilitate the development of two (2) single family homes on a 1.08 acre parcel containing sensitive habitat. (TR-SD)

 Motion and Vote 

c.  City of Del Mar LCP Amendment No. DMR-MAJ-1-08 (Garden Del Mar Specific Plan).  Public hearing and action on City of Del Mar request to amend its LCP to redesignate and rezone an approximately half-acre site at the southeast corner of Camino del Mar and 10th street in downtown Del Mar.  The site is currently designated and zoned as Central Commercial (CC), which accommodates a mix of commercial uses.  The proposed designation and zone would be Garden Del Mar Specific Plan, which also allows a mix of commercial uses.  (EL-SD)

 Motion and Vote

 Vote

 Motion and Vote

 Motion and Vote

 Motion and Vote

 

d. City of San Diego LCP Amendment No. 3-08A (6th Update to LDC) and B (Point Loma  Townhomes) Time Extension.  Public hearing and action to extend 90-day time limit for Commission action on request by City of San Diego to (1) amend the implementation plan to incorporate the 6th Update to the LDC and (2) amend the land use plan for the Peninsula Community and redesignate the property located on the bayside of Scott Street between Carleton/Dickens Streets from Industrial (fishing/marine-related) to Commercial.  (EL/LRO-SD)

 Motion and Vote

e.  City of Encinitas LCP Amendment No. 3-08 (Downtown Encinitas Specific Plan Revisions) Time ExtensionPublic hearing and action to extend 60 day time limit for Commission action on request by City of Encinitas to amend its certified Implementation Plan by revising the City’s Downtown Encinitas Specific Plan to encourage and regulate ground-floor retail and pedestrian-oriented uses.  (GDC-SD)

 Motion and Vote

18. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-6-ENC-09-2 (Wellman, Encinitas)  Appeal by Commissioners Wan & Kruer from decision of City of Encinitas granting permit with conditions to Carlos Wellman to demolish 12-unit apartment building that spans two blufftop lots (Lots 1 and 2) and construct a two-story 4,521 sq. ft. home with 724 sq. ft. garage and 2,121 sq. ft. basement on Lot #1, at 708 Fourth Street, Encinitas, San Diego County. (GDC-SD) [POSTPONED]

b. Appeal No. A-6-ENC-09-3 (Wellman, Encinitas)  Appeal by Commissioners Wan & Kruer from decision of City of Encinitas granting permit with conditions to Carlos Wellman to demolish 12-unit apartment building that spans two blufftop lots (Lots 1 and 2) and construct a two-story 4,297 sq. ft. home with 715 sq. ft. garage and 1,818 sq. ft. basement on Lot #2, at 708 Fourth Street, Encinitas, San Diego County. (GDC-SD) [POSTPONED]

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. 6-08-62 (Blackburn, Solana Beach)  Application of Ron Blackburn to construct 369 sq. ft. addition to 1,414 sq. ft. single-story home on 3,750 sq. ft. blufftop lot, at 205 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD)

 Motion and  Vote  

b. Application No. 6-08-66 (SD Co. Regional Airport Authority, San Diego)  Application of San Diego County Regional Airport Authority to construct 29.85 acre concrete apron for overnight airplane parking and new 60-in. storm drain outlet into San Diego Boat Channel, at San Diego International Airport, San Diego, San Diego County.
(DL-SD)

20. 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. 6-03-33-A5 (Surfsong HOA, Solana Beach) Request by Surfsong Homeowners Association to construct three 35 ft.-high detached seawalls (83 ft., 55 ft. and 115 ft. in length) a  94 ft.-long, 10-13 ft. high shotcrete retaining wall above the 115 ft.-long seawall, installation of geogrid reinforced slope above the 94 ft.-long retaining wall and a 84 ft.-long, 14 to 16 ft.-high buried shotcrete wall above the geogrid reinforced slope, below 205 - 239 South Helix Avenue, Solana Beach, San Diego County. (GDC-SD)

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:

Charles A. Pratt Construction Co. v. CCC, U.S. Supreme Court Case No. 08-668  Govt. Code § 11126(e)(2)(A).
Charles A. Pratt Construction Co. v. CCC et al., California Court of Appeal, Second Appellate Dist. Case No. B195446  Govt. Code § 11126(e)(2)(A).
Coastal Law Enforcement Action Network et al. v. CCC (Malibu Valley Farms, RPI)  Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al.  Govt. Code § 11126(e)(2)(A).
Ocean Harbor House Homeowners Assn. v. CCC  Govt. Code § 11126(e)(2)(A).
Revell v. CCC (Access for All, RPI)  Govt. Code § 11126(e)(2)(A).
Ross et al. v. CCC et al. (Malibu Bay Co., RPI)  Govt. Code § 11126(e)(2)(A).
Security National Guaranty, Inc. v. State of California, CCC et al.  Govt. Code § 11126(e)(2)(A).
Strother et al. v. CCC (Alvarez et al., RPI)  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).

21. APPROVAL OF MINUTES.

22.  COMMISSIONERS' REPORTS.

23. CONSERVANCY REPORT.

24. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

25.  DEPUTY ATTORNEY GENERAL'S REPORT.

[The report on legislation has been updated on Monday. March 9.]

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

  AB226  Motion and Vote

  AB291  Motion and   Vote

  Public Comment

  AB262  Motion

  Amended Motion and   Vote

  AB801  Motion and  Vote

 

a.  Public Education Grants.  Public hearing and action on proposed competitive grant awards from sales of the Whale Tail License Plate. (CP & SBL - SF)

 Motion and Vote

b. WORKLOAD PRIORITIES. Commission discussion of management approach to setting workload priorities. (PD/SH-SF)

c.  BUDGET UPDATE. (SMH-SF)

d.  2010 Schedule of Meeting Dates and Locations. (VM-SF)

  Motion and  Vote   

  Public Comment