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May 2009 Agenda

Hyatt Regency Embarcadero
Bayview Room A
5 Embarcadero Plaza
San Francisco, CA 94111
(415) 788-1234

Please be aware that this is a two day meeting.
The above phone number will only be available when the meeting is in session.

This has been posted at noon, Wednesday, April 15, 2009.

 

 Click Here to Start 

10:00 a.m.

WEDNESDAY, MAY 6, 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. 5-08-317 (Venice Development, Inc., Los Angeles Co.) Application of Venice Development, Inc. to convert 896 sq.ft. ground floor area of hotel lobby into kitchen and café for hotel guests, with 12 off-site parking spaces provided, at 401 & 411 Ocean Front Walk, Venice, Los Angeles, Los Angeles County.  (CP-LB)

b. Application No. 5-09-35 (City of Los Angeles, Dept. of Public Works, Los Angeles Co.) Application of City of Los Angeles, Dept. of Public Works to remove pipes and concrete from canal bank, maintenance of native vegetation, and planting of additional native plants, at East Bank of Grand Canal, on City-owned property, between Washington Blvd. and Driftwood Street, Venice, Los Angeles, Los Angeles County.  (CP-LB)

SOUTH COAST DISTRICT (Orange County)

4. ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a.  Application No. 5-08-261 (Wendy Sawyer Trustee, Huntington Beach) Application of Wendy Sawyer Trustee to demolish boat dock and construct new “U” shaped boat dock, consisting of two 5-ft. x 54-ft. long fingers, 4-ft. wide back walk, and 20-ft. x 4-ft. extension of backwalk, including 2 new 14-in. diameter concrete piles at tips of dock fingers, retain and re-use 14-in. diameter concrete pile at backwalk and retain and reuse gangway, at 16462 Malden Circle, Huntington Beach, Orange County. (MV-LB)

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

5.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and Votem

a. Application No. 6-09-12 (Seaworld, San Diego) Application of Seaworld of California to update dolphin show and venue to include ADA access improvements, additional 700 new seats/bleachers, construct 1,100 sq.ft. support building and 4 bird aviaries within interior of theme park, at 500 Seaworld Drive, Mission Bay Park, San Diego, San Diego County.  (EL-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. 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. 4-06-137 (Los Angeles Co. Dept. of Public Works, Santa Monica Mountains, Los Angeles Co.) Application of Los Angeles Co. Dept. of Public Works to repair road embankment above a creek by excavating and benching approximately 250 sq.ft. section of roadside slope, placement of geotextile filter fabric and 17 cu.yds. rock rip-rap that is incorporated with willow plantings, revegetate disturbed embankment area, and reconstruct  asphalt road shoulder, at Las Flores Canyon Road, 130 ft. South of Mile Marker 0.30, Santa Monica Mountains, Los Angeles County. (DC-V)

b. Application No. 4-08-91 (Cook, Los Angeles Co.) Application of Jared Cook to construct 2-story, 27ft.-high, 2,877 sq.ft. single-family home, 905 sq.ft. attached garage, decks, driveway, septic system, and 911 cu.yds. of grading (818 cu.yds. cut, 93 cu.yds. fill), at 21683 Saddle Peak Road, Santa Monica Mountains, Los Angeles County. (DC-V)

c. Application No. 4-08-135 (AT&T, Los Angeles Co.) Application of AT&T Mobility for after-the-fact approval of 2 panel antennas and 1 GPS antenna on existing 26-ft.high utility pole, and permanent unmanned ground-mounted wireless telecommunication’s facility, including 30 sq.ft. concrete pad, and 10-ft. long retaining wall, 16.25” x 48” x 17.25” power meter pedestal, 25-ft.long underground power meter conduit, stone paver steps, and revegetation, near 33300 Mulholland Highway, west of Clark Ranch Road, Malibu, Los Angeles County. (AT-V)

SOUTH COAST DISTRICT (Los Angeles County)

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 Long Beach office at (562) 590-5071.

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

11. NEW APPEALS.  See AGENDA CATEGORIES

a.  Appeal No. A-5-LOB-09-62 (City of Long Beach, Dept. of Parks & Recreation, Long Beach) Appeal by Laurence Goodhue from decision of City of Long Beach granting permit to City of Long Beach, Dept. of Parks & Rec. to establish a weekly (each Wednesday) Farmers Market with crafts and ready to eat food vendors in northern portion of parking lot of Marine Stadium, at 5255 Paoli Way (Marine Stadium), Long Beach, Los Angeles County. (CP-LB)

 Motion and Vote 

SOUTH COAST DISTRICT (Orange County)

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 Long Beach office at (562) 590-5071.

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

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.

[An addendum has been appended to the staff report for item 14a below on May 4.]

a.  Application No. 5-09-55 (Bay Island Club, Newport Beach)  Application of Bay Island Club to 1) reinforce, in part, and replace, in part, the entire 1,200 linear ft. long bulkhead system surrounding private island developed with 24 single family homes; 2) demolish the existing gated pedestrian bridge linking island to the mainland and construct new gated, pedestrian bridge in slightly different alignment; and 3) construct 'sand retention wall' offshore of small private beach on western side of island, at 1-26 Bay Island, Newport Beach, Orange County. (KFS-LB) [POSTPONED]

 Motion and  Vote 

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. [APPROVED]

a.  City of Carlsbad LCP Amendment No. 1-07B (Planned Development Regulations). Concurrence with the Executive Director's determination that the action by the City of Carlsbad, accepting the Commission’s certification with suggested modifications, is legally adequate. (TR-SD) [APPROVED]

b.  City of Encinitas LCP Amendment No. 1-08 (Grading Ordinance Revisions). Concurrence with Executive Director’s determination that the action by the City of Encinitas, accepting the Commission’s certification with suggested modifications, is legally adequate. (GDC-SD) [APPROVED]

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

 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.

[An addendum has been appended to the staff report for item 17a below on May 4.]

a. Application No. 6-08-86 (Gautsch & Matsui, Solana Beach) Application of Pollie Gautsch & Darryl Matsui to construct 2-story, 4,012 sq.ft., single-family home, 283 sq.ft. workshop, and 590 sq.ft., 2-car garage, with associated grading and landscaping, on 59,533 sq.ft. vacant lot, at 445 Holmwood Lane, Solana Beach, San Diego County. (EL-SD) [APPROVED WITH CONDITIONS, moved to Consent Calendar]

17.5 DISPUTE RESOLUTION

[An addendum has been appended to the staff report for item 17.5a below on May 4.]

a.   Permit No. 6-09-016 EDD (Moss , Carlsbad)  Public hearing on dispute over proposed retaining walls and grading to take place seaward of the identified bluff edge inconsistent with Special Condition #1 associated with project to demolish 2,100 sq. ft. home and construct 6,755 sq. ft. home including 2,366 sq. ft. basement, infinity edge swimming pool, spa and patio on a 13,650 sq. ft. blufftop lot, at 5015 Tierra del Oro, Carlsbad, San Diego County.  (TR-SD)  [Dispute Resolution DENIED]

 Motion and  Vote 

ENFORCEMENT

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

NORTH COAST DISTRICT

19.  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 Eureka office at (707) 445-7833.

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

21. 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. 1-05-60 (Delbiaggio, Humboldt Co.) Application of Dennis & Susie Delbiaggio to convert rural residential property to construction contractor’s yard: 1) convert existing house to office and remodel interior for ADA bathroom, remove kitchen, install desk for work areas; 2) construct 3,700 sq.ft. office/shop building with 80 ft. x 40 ft. work area and 20 ft. x 25 ft. office bathroom; 3) construct 2,700 sq.ft. pole structure storage building; 4) grade 1,000 cu.yds. of earthen material from 23,290 sq.ft. along west side of drainage swale to increase floodway capacity; 5) install 6 ft. high wood fence around site; 6) plant 18 landscaping trees along outside of fence; 7) install asphalt parking and driveway; 8) install new septic system; and 9) install 740 sq.ft. addition to existing residential structure and convert to office, at 118 Port Kenyon Road, Ferndale, Humboldt County. (RSM-E) [APPROVED WITH CONDITIONS]

 Motion and  Vote 

b.  Application No. 1-09-10 (Schnaubelt, Mendocino Co.)  Application of Richard & Yvette Schnaubelt for after the fact permission to construct a 2,400 sq.ft., 20-ft. high fish processing plant for packing and processing fish by-products along the Noyo River, in Noyo Harbor, at 32380 & 32390 North Harbor Drive, Fort Bragg, Mendocino County. (MBK-E) [APPROVED WITH CONDITIONS]

 Motion and Vote

 Motion and  Vote 

22. 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. 1-03-4-A3 (Reclamation District 768, Humboldt Co.) Request by Reclamation District 768 to modify permit granted for periodic levee maintenance to allow for installation of sheetpile wall along 300+/- linear feet of eroded and damaged levee, along northern shoreline of Arcata Bay and the eastern bank of Mad River Slough, just north of Highway 255 bridge over the slough, one mile west of Arcata, Humboldt County. (MBK-E) [POSTPONED]

 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:

Burke v. CCC (State of California et al., RPI)  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).
Farr v. CCC et al. (Doyle, RPI)  Govt. Code § 11126(e)(2)(A).
Gualala Festivals Committee v. CCC et al.  Govt. Code § 11126(e)(2)(A).
McAllister v. CCC (County of Monterey et al., 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).
Sterling v. CCC  Govt. Code § 11126(e)(2)(A).
Strother et al. v. CCC (Alvarez et al., RPI)  Govt. Code § 11126(e)(2)(A).
Surfrider Foundation et al. v. CCC (Poseidon Resources (Channelside) LLC. et al., RPI)  Govt. Code § 11126(e)(2)(A).
Revell v. CCC  Govt. Code § 11126(e)(2)(A)
Ojavan Investors, Inc. et al. v. CCC 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. [APPROVED]

 Motion and Vote 

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 and possible action on legislation and water quality.

 Motion and  Vote

 Motion and Vote

Amending  Motion and Vote

a.  Public Education Grants.  Public hearing and action on proposed use of $25,000 reserve from sales of the WHALE TAIL License Plate. (CP & SBL - SF) [APPROVED WITH CONDITIONS]

 Motion and Vote 

 General Public Comment

 Closed Session Report