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April 2009 Agenda

Oxnard Performing Arts Center
800 Hobson Way
Oxnard, CA 93030
(805) 451-6053

[Phone number will only be available during the meeting]

This has been updated at 10:15 a.m., Friday, April 10, 2009.
9:00 a.m.

 Click Here to start

9:00 a.m.

THURSDAY, APRIL 9, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

STATEWIDE

3.  SEA LEVEL RISE WORKSHOP.  Presentation and discussion of recently issued draft reports that address the impacts of climate change and sea level rise on coastal flooding, erosion, and beach recreation.  Material to be covered in the workshop will include California Coastal Erosion Response to Sea Level Rise—Analysis and Mapping by Philip Williams & Associates, LTD., The Impacts of Sea Level Rise on the California Coast by the Pacific Institute.  Guest speakers to be announced.  (CCTF/SH-SF)

SOUTH CENTRAL COAST DISTRICT

4.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

a. University of California Santa Barbara Notice of Impending Development De Minimis No. 2-09 (AS Bike Shop Replacement Project). Notice of Impending Development by the University of California at Santa Barbara for construction of the Associated Students Bike Shop Replacement Project, including construction of a 1,200 sq. ft. building; 700 sq. ft. paving; trash enclosure; shed; 95 cu. yds. of soil to be exported; demolition of two existing 540 sq. ft. cargo trailers on Main Campus at University of California Santa Barbara, Santa Barbara County. (SG-V)

 Motion and Vote

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 Ventura office at (805) 585-1800.

 Motion and Vote

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

 Motion and Vote 

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

a.  City of Malibu LCP Amendment No. MAJ-3-08. Time Extension. Public hearing and action to extend the time limit for action for one year on City of Malibu’s request to amend its LCP to establish a Town Center Overlay Zone with specific development standards and a Development Agreement for development of two Community Commercial-zoned parcels located in Malibu’s Civic Center area, City of Malibu, Los Angeles County. (DC-V)

 Motion and Vote 

b.  City of Santa Barbara LCP Amendment No. MAJ-3-08 (Coast Village Road - Olive Mill Road Rezone. Public hearing and action on City of Santa Barbara request to amend its LCP Implementation Plan by amending the Zoning Ordinance and 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)

 Motion and Vote 

8. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-4-STB-09-009 (6533 Trigo Road, Santa Barbara Co.)Appeal by Commissioners Shallenberger and 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)

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.

[Addenda have been appended to the staff reports for items 9a, 9c, 9d, and 9e below on April 7.]

a.  Application No. 4-07-040 (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 request for after-the-fact approval for creation of subject parcel, at 1721 Corral Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V)

 Motion and  Vote 

b. Application No. 4-07-101 (Smith, Los Angeles Co.) Application of Dennis Smith to construct 2-story, 33-ft. high, 6,290 sq. ft. single-family home with attached 660 sq. ft. basement garage and 1,066 sq. ft. basement storage area, detached 1-story 750 sq. ft. guest house with 400 sq. ft. attached carport, 4,800 sq. ft. orchard/garden area, swimming pool, septic system, access road with 3 hammerhead turnarounds, retaining walls, 17,447 cu.yds. of grading (7,196 cu.yds. cut, 7,591 cu.yds. fill; and after-the-fact 1,330 cu.yds. cut, 1,330 cu.yds. fill), restoration of previously graded roadway, request for after-the-fact approval to retain existing water well, 10,000-gal underground water tank, solar panel array with utility shed and fencing, 2 sheds, graded roads, and to temporarily retain existing single-wide mobile home, 2 travel trailers, and 2 storage containers at 2575 Applefield Lane, Santa Monica Mountains, Los Angeles County. (DC-V) [POSTPONED]

c.  Application No. 4-09-13 (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, to emergency permit 4-98-024-G. The proposed project also includes 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)

 Motion and  Vote 

 [Items 9d and 9e share a single combined staff report. An addendum has been linked to the staff report on April 7.]

 Motion and Vote 

d. Application No. 4-08-96 (City of Santa Barbara, Santa Barbara) Application of City of Santa Barbara for lower Mission Creek Flood Control Project, to improve flood protection on Mission Creek, City of Santa Barbara. (MD–SF)

e. Certification No. CC-012-09 (City of Santa Barbara, Santa Barbara) Consistency certification by City of Santa Barbara for lower Mission Creek Flood Control Project to improve flood protection on Mission Creek, in the City of Santa Barbara. (MD–SF)

9.5 PERMIT AMENDMENTS. See AGENDA CATEGORIES.

a. Permit No. 4-02-254 (Diamond, Santa Monica Mountains) Request by Loretta Diamond to amend permit to redesign residence to two-story, 2,576 sq. ft. home with two-car attached garage, septic system, and 7,335 cu. yds. of grading (5,000 cu. yds. cut and 2,335 cu. yds. of fill) at 32797 Mulholland Highway, Santa Monica Mountains, Los Angeles County (BJC-V).

ENFORCEMENT

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

 [Items 11 and 12 below share a single combined staff report.
An addendum has been linked from the staff report on April 8.]

 Motion and  Vote 

 Motion and Vote

11. Commission Cease and Desist Order No. CCC-09-CD-03 (Mills PCH, LLC, Orange Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Mills PCH, LLC to cease and desist from engaging in any further unpermitted development on the property, and to address unpermitted development including (but not limited to) grading and placement of fill in wetland and construction of trench drain within wetland, resulting in removal of wetland plant species native to southern California saltmarshes, at 21622 Pacific Coast Highway (APN 114-150-86), Huntington Beach, Orange County. (AJW-LB)

12. Commission Restoration Order No. CCC-09-RO-02 (Mills PCH, LLC, Orange Co.) Public hearing and Commission action on proposed Restoration Order directing Mills PCH, LLC to address restoration of a wetland plant community native to southern California saltmarshes damaged by unpermitted development, including (but not limited to) grading and placement of fill in wetland and construction of trench drain within wetland, resulting in removal of major vegetation, at 21622 Pacific Coast Highway (APN 114-150-86), Huntington Beach, Orange County. (AJW-LB)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

13.  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.

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

15. 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-08-020 (West Basin Municipal Water District, Los Angeles Co.) Application of West Basin Municipal Water District to construct and operate test desalination facility, including pipes, screens, and pumps within an existing power plant intake structure and test facility adjacent to Redondo Beach Generating Station, all within an area of Commission's retained jurisdiction in Redondo Beach, Los Angeles County. (TL-SF)

 Motion and  Vote

[Additional materials have been linked from the staff report for item 15b below on March 27.
A second addendum has been linked to the staff report on April 7.]
[The hearing for item 15b below for the "peaker" plant is not scheduled to commence before 2 p.m.]

b.  Appeal No. A-4-OXN-07-096 (Southern California Edison, Oxnard) Appeal by Southern California Edison from decision of City of Oxnard denying permit to construct and operate a 45 megawatt “peaker” power plant, at 251 N. Harbor Blvd., Oxnard, Ventura County. (CT-SF)

 Staff Presentation

 Public Hearing

 Return to Staff

 Return to Commission

 Motion and  Vote

 General Public Comment