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10:00 A.M.

WEDNESDAY, APRIL 8, 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. 5-08-285 (15 Voyage Street, LLC, Venice, Los Angeles) Application of 15 Voyage Street, LLC to remove mobile construction office trailer from 2,280 sq.ft. lot, and construct 45 ft. high, 4-level, single-family home with attached 3-car garage, at 147 Via Marina (lot 23, Block 17, Del Rey Beach Tract), Venice, Los Angeles, Los Angeles County. (CP-LB) [POSTPONED]

b. Application No. 5-08-348 (Los Cerritos Wetlands Authority, Long Beach) Application of Los Cerritos Wetlands Authority for weed abatement, tree trimming and maintenance of open space areas consistent with habitat and wildlife protection policy, near intersection of Studebaker Road, & Second Street, Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

Notice of Technical Review Workshop
for the
San Onofre Nuclear Generating Station (SONGS)
Reef Mitigation Project.
April 27, 2009 in San Clemente.
See the notice with the details.

SAN DIEGO COAST DISTRICT

4.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and Vote 

a. Application No. 6-08-119 (Conoco-Phillips, Carlsbad) Application of Conoco Phillips to remove underground storage tanks, waste oil tank, islands and dispensers, piping and closed monitoring wells at 895 Tamarack Avenue, Carlsbad, San Diego County. (TR-SD) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

5.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and Vote 

a. Application No. 5-08-221 (Hoag Memorial Hospital Presbyterian, Newport Beach) Application of Hoag Memorial Hospital Presbyterian for landscaping along Pacific Coast Highway, within westerly parking area, and upon upper hillside slope; enhancing existing pedestrian and vehicular circulation, and installing 123 additional parking spaces in area between Advanced Technology pavilion and Cancer Center, at 1 Hoag Drive (Lower Campus), Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-08-300 (Hurley, Newport Beach) Application of Mr. & Mrs. Robert Hurley to demolish single-family home and construct new 700 sq.ft., 25 ft.- high, 2-story single-family home with 425 sq.ft. covered loggia, 252 sq.ft. second-story deck and attached 516 sq.ft., 2-car garage, 348 cu.yds. of grading for site preparation, hardscape and landscape improvements on beachfront lot, including approval of 15 ft. x 30 ft. wide concrete patio and 3 ft. tall perimeter wall within City’s oceanfront encroachment area, at 6708 West Ocean Front, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-09-20 (Hurley, Newport Beach) Application of Mr. & Mrs. Robert Hurley to demolish single-family home and construct new 2,462 sq.ft. 25’ high 2-story single-family home with 119 sq.ft. second-story deck and attached 456 sq.ft. 2-car garage, 334 cu.yds. of grading for site preparation, hardscape and landscape improvements on beachfront lot, including approval of 15’ deep by 30’ wide concrete patio and 3’ tall perimeter wall within the City’s oceanfront encroachment area, at 6706 W. Oceanfront, Newport Beach, Orange County. (LR-LB) [APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Orange County)

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 Long Beach office at (562) 590-5071. [APPROVED]

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

7.5. NEW APPEALS.See AGENDA CATEGORIES.

a.  Application  No:  A-5-EMB-09-048 (Gotschall, Laguna Beach) Appeal by Carl and Kelley Renezeder of coastal development permit PA070080 granted by the County of Orange to Susan Gotschall for construction of  4-level, 35 ft.-high, single-family home including subterranean garage, patios, deck, pool, spa and retaining wall and an estimated 4,675 cu. yds. of grading on a slope greater than 30% located on a vacant lot, at 107 Emerald Bay, Orange County. (LR-LB)  [NO SUBSTANTIAL ISSUE FOUND]

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

[An addendum has been appended to the staff report for item 8a below on April 1.]

a.  City of Huntington Beach LCP Amendment No. HNB-MAJ-1-07B. Public hearing and action on request by City of Huntington Beach to amend the Implementation Plan (IP) portion of the Local Coastal Program (LCP) by incorporating changes made by the City over the last few years (2001 -2007). Changes proposed include: streamline the City’s entitlement process; modify affordable housing requirements to be consistent with current State requirements; modify provisions to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000; changes proposed to Section 231.20 Bicycle Parking and Section 231.18 relating to parking controls and privacy gates, Huntington Beach, Orange County. (MV-LB) [APPROVED WITH MODIFICATIONS]

 Motion and Vote

 Motion and Vote 

8.5 REVISED FINDINGS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 8.5a below on April  6]

a.  City of Newport Beach LCP Amendment No. NPB-MAJ-1-07 (Land Use Changes).  Public hearing and action on Revised Findings in  support of the Commission's denial-as-submitted and approval-with-modifications on February 5, 2009 of 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) [Findings APPROVED]

 Motion and Vote 

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]

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

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

[Addenda have been appended to the staff reports for items 11a and 11b below on April 7.]

a.  City of San Diego LCP Amendment No. 3-07B (In-fill Housing/Sustainable Dev.) 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/in-fill housing and sustainable projects. (LRO-SD) [APPROVED WITH MODIFICATIONS]

 Motion and Vote

 Motion and Vote 

b.  Port of San Diego PMP Amendment No. PSD-DM-40-09 (Broadway Pier Cruise Ship Terminal). Concurrence with the Executive Director’s determination that the request by the San Diego Unified Port District to add the construction of a new 60,000 sq.ft. cruise ship terminal with public access and recreation space to the project list is de minimis. (DL-SD) [APPROVED]

 Motion and Vote 

12. 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. 6-06-153-A (San Diego pump station protection) Request by City of San Diego, Transportation Engineering Division to amend permit for repairs and protection of sewer pump station/street-end improvements to realign and lengthen previously approved tied-back seawall on face of coastal bluff, at 5998 Camino de la Costa (southern terminus of Camino de la Costa), La Jolla, San Diego County. (LRO-SD) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

13. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  City of Carlsbad LCP Amendment No. 01-07A (DKN Hotel). City of Carlsbad granted amendment to the certified LCP to revise certain land use and zoning designations. The LCP amendment will facilitate the development of a 104-unit standard operation hotel. (TR-SD) [Findings APPROVED]

 Motion and Vote 

SOUTH COAST DISTRICT (Los Angeles County)

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 Long Beach office at (562) 590-5071. [APPROVED]

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

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

a.  City of Long Beach LCP Amendment No. LOB-MAJ-1-09. Time Extension. Public hearing and action to extend time limit for Commission action up to one year for certification of City of Long Beach LCP Amendment No. 1-09. Amendment No. 1-09 would amend the Resources Management Plan portion of the LCP as it relates to Colorado Lagoon, and revise the zoning code’s definition of “Passive Park” Long Beach, Los Angeles County. (CP-LB) [Time Extension APPROVED]

 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. 5-08-245 (Pacific Palisades Bowl Mobile Estates, LLC, Pacific Palisades) Application of Pacific Palisades Bowl Mobile Estates, LLC to authorize permanent construction under emergency permit 5-05-401-G for installation of subsurface dewatering drains, main drains and area drains, dewatering well and pump, including removal of 4,000 cu.yds. of fill and regrading and paving access road, at 16321 Pacific Coast Highway, Pacific Palisades, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

b.  Application No. 5-08-284 (Santa Monica Mountains Conservancy, Pacific Palisades) Application of Santa Monica Mountains Conservancy to abandon existing 45’x75’ public swimming pool and fill with soil, landscape and use as public picnic area, in Temescal Gateway Park, at 15601 Sunset Blvd., Pacific Palisades, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

c.  Application No. 5-08-294 (City of Los Angeles, Department of Public Works, Bureau of Engineers) Application of City of Los Angeles, Dept. of Public Works, Bureau of Engineers to implement Phase III of Ballona Lagoon Enhancement Plan, including: (1) removal of non-native vegetation and encroachments (including, but not limited to, fences, walls, lighting, irrigation improvements, decks/patios, and residential landscaping); (2) revegetation with native dune plants, (3) realigning and improving west bank public access trail between Topsail Street and Canal Court; (4) construction of split rail fence along public access trail; and (5) construction of public education/information area with benches near Jib Street at northern end of lagoon, at West bank of Ballona Lagoon between Via Marina and Grand Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

 Motion and Vote 

18. 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. 5-03-71-A2 (Best Western Marina Pacific Hotel, Los Angeles) Request by Best Western Marina Pacific Hotel to establish food and drink service (2,700 sq.ft.) on the roof deck of an existing 5-story, 122-room hotel, at 1697 Pacific Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

 Motion and Vote 

19. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  Application No. 5-07-375 (T-Mobile, USA, Venice, Los Angeles Co.) Application of T-Mobile, USA for denial of after-the-fact permit application for installation of 47.5-ft. tall wood utility pole to support cell phone equipment and antennas, at Eastern edge of Pacific Avenue (4100 block-at Jib Avenue), Venice, City of Los Angeles, Los Angeles County. (CP-LB) [Findings APPROVED]

 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:

Coastal Law Enforcement Action Network et al. v. CCC (Malibu Valley Farms, RPI)  Govt. Code § 11126(e)(2)(A).
Friends of Temescal Pool et al. v. Santa Monica Mountains Conservancy et al.  Govt. Code § 11126(e)(2)(A).
Hines v. CCC et al. (Star, 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).
Security National Guaranty, Inc. v. State of California, CCC et al. Govt. Code § 11126(e)(2)(A).
Sheppard et al. v. Big Sur Land Trust, CCC Govt. Code § 11126(e)(2)(A).
Sierra Club v. CCC et al. (State Lands Commission et al., RPI) Govt. Code § 11126(e)(2)(A).
Strother et al. v. CCC (Alvarez et al., RPI) Govt. Code § 11126(e)(2)(A).
TMO CA/NV, LLC v. CCC Govt. Code § 11126(e)(2)(A).
Revell v. CCC (Access for All, 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).

20.  APPROVAL OF MINUTES. [Minutes APPROVED]

 Motion and Vote

21.  COMMISSIONERS' REPORTS.

 Return to Item 

22.  CONSERVANCY REPORT.

23.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

24.  DEPUTY ATTORNEY GENERAL'S REPORT.

25.  EXECUTIVE DIRECTOR’S REPORT including report and possible action on legislation and water quality. 

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

[The field trip will not begin before 2:30 p.m.]

26.  MCGRATH PEAKER PLANT PROJECT FIELD TRIP.  On Wednesday, April 8, 2009, the Commission will take a field trip to view the site of Southern California Edison’s proposed McGrath peaker plant in Oxnard.  The proposed peaker plant is scheduled for the Commission’s consideration on Thursday, April 9, 2009, Item Th15b.  The field trip will begin no earlier than 1 PM.  Because space on the bus is limited, members of the public who cannot be accommodated on the bus may follow in their private vehicles.  Members of the public interested in going on the field trip should contact Energy Division at (415) 904-5240.

 General Public Comment