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July 2009 Agenda

San Luis Obispo County Government Ctr.
Board of Supervisors Chambers
1055 Monterey Street
San Luis Obispo,
CA 93408
(805) 781-1045


The phone number will only be in service during the meeting.
Please note: The Friday session ONLY of this meeting is cancelled.

This has been updated at 12:15 p.m., Monday, July 6, 2009.

 

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10:00 a.m.

WEDNESDAY, JULY 8, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

SOUTH CENTRAL COAST DISTRICT

3.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 Motion and Vote 

a. Application No. 4-09-003 (Theatricum Botanicum, Los Angeles Co.) Application of Ellen Geer, Theatricum Botanicum to install a photovoltaic system approximately 160 ft. northwest of existing outdoor stage built over 1-story storage building and within building’s fuel modification zone, and trenching along existing pathway to main service equipment adjacent to stage to place conduit, at 1419 Topanga Canyon Road, Topanga, Los Angeles County. (AJP-LB)

b. Application No. 4-09-004 (Walden, Los Angeles Co.) Application of Julie Walden to construct 2-story, 34-ft. high, 2,670 sq.ft. single-family home, with attached 2 car garage and septic system, at Robinson Road, Topanga, Los Angeles County. (AJP-LB)

c. Application No. 4-09-030 (Gepner, Los Angeles Co.) Application of Cary and Katherine Lucas Gepner to construct 1,200 sq.ft., 24-ft. high, 2 story accessory building consisting of 600 sq.ft., 3-car garage on first level, and 600 sq.ft. recreation room on second level, swimming pool, solar panels, replacement of driveway and 334 cu.yds. of cut grading, at 1375 Fernwood Pacific Drive, Topanga, Santa Monica Mountains Los Angeles County. (JJ-V)

SOUTH CENTRAL COAST DISTRICT

4.  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.

a.  City of Carpinteria LCP Amendment No. CPN-MAJ-2-07 (Green Heron Spring/Ellinwood Parcel) Certification Review. Concurrence with Executive Director’s determination that action by the City of Carpinteria, accepting certification of Amendment No. 2-07 with modifications, is legally adequate (AT-V).

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

 Motion and Vote 

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

a.  City of Santa Barbara LCP Amendment No. MAJ-1-09 (Santa Barbara Airport Rezone) Time Extension. Public hearing and action to extend the time limit for action for one year on City of Santa Barbara request to amend its LCP Implementation Plan by amending the Zoning Ordinance and map to change the zoning from of 9.04 acres of A-S-O, S-D-3 (Airport Approach and Operations Zone, Coastal Zone Overlay) to A-F, S-D-3 (Aviation Facilities Zone, Coastal Zone Overlay) on the Santa Barbara Airport located at 1503-1601 Cecil Cook Place and 90 Dean Arnold Place, City of Santa Barbara, Santa Barbara County. (JJ-V)

 Motion and Vote

7. LONG RANGE DEVELOPMENT PLAN.

a.  UCSB Long Range Development Plan Amendment 1-09 (Ocean Science Education Building) Time Extension. Public hearing and action to extend time limit to act on request by University of California, Santa Barbara to amend its LRDP to allow construction of Ocean Science Education Building consisting of maximum 31-ft. in height, 2-wing, 2-story 15,284 gross sq.ft. building (9,730 assignable sq. ft.), relocation of approx. 260 linear ft. of Class I bicycle bike path, relocation of service road, bus turnout, sidewalks, courtyard, landscaping, and grading on the Main Campus, University of California Santa Barbara, Santa Barbara County. (SLG-V)

 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. 4-07-101 (Smith, Los Angeles Co.) Application of Dennis Smith to construct 2-story, 33-ft. high, 6,290 sq.ft. single-family home with 2,445 sq.ft. subterranean basement/garage, septic system, access road with 3 hammerhead turnarounds, keystone retaining walls, and 11,266 cu.yds. of grading (6,288 cu.yds. cut, 4,978 cu.yds. fill), including restorative grading and revegetation of previously graded roadways and pad area, and request for after-the-fact approval to retain water well, 10,000-gal. underground water tank, existing ground-mounted solar panel array with utility shed and fencing, and to temporarily retain single-wide mobile home, 1 travel trailer, 2 storage containers, and tool shed during construction, at 2575 Applefield Lane, Santa Monica Mountains, Los Angeles County. (DC-V)

b.  Application No. 4-08-006 (Santa Barbara County, Goleta Beach) Application of Santa Barbara County to construct 500 ft. long, 20 ft. wide, permeable pile sand retention system and addition to Goleta Beach Pier consisting of 250 – 330 timber or composite fiberglass piles (18” – 20” in diameter) and timber decking; seasonal installation of approximately 1,200 ft. long, 3-5 ft. high winter sand berm for 5 years; remove approximately 1,500 linear ft. of rock rip rap at upcoast end of park; repair approximately 650 linear ft. of revetment at downcoast end of park, dredge approximately 500,000 cu.yds. of sand material from offshore location and place dredged material on beach immediately upcoast of pier for initial beach nourishment; and implement Adaptive Management and Monitoring Program involving periodic adjustments to permeable pile sand retention system and offshore dredging/beach nourishment on as-needed basis not to exceed 100,000 cu.yds. of material/year, at 5986 Sandspit Road, Santa Barbara County.
(SMH–V)  

 Applicant Presentation 

 Public Comment on Item

 Applicant Rebuttal

 Return to Commission

 Motion and  Vote

c. Application No. 4-08-71 (Betz, Los Angeles Co.) Application of Edward Betz to construct 6,799 sq.ft., 26.5-ft. high from existing grade single family home with 619 sq.ft. attached garage, and septic system on parcel with previously approved pad, including 2,037 cu.yds. of grading (437 cu.yds. cut and 1,600 cu.yds. fill) to restore the grade of a second pad area, at 25066 Mulholland Highway, Santa Monica Mountains, Los Angeles County. (BJC-V)

d. Application No. 4-08-72 (Pepper, Los Angeles Co.) Application of Gayle Pepper to construct 5,005 sq.ft., 26-ft. high from existing grade single family home with 640 sq.ft. attached garage, septic system, and 3,530 cu.yds. of grading (1,370 cu.yds. cut and 2,160 cu.yds. fill), at 25080 Mulholland Highway, Santa Monica Mountains, Los Angeles County. (BJC-V)

e. Application No. 4-09-13 (Mariposa Land Co., Malibu) Application of Mariposa Land Co. for permanent placement of rock rip-rap revetment along approx. 500-ft. section of the west bank of lower Malibu Creek, in follow-up to emergency permit No. 4-98-024-G, including revegetation of revetment site, at 3728 Cross Creek Road, City of Malibu, Los Angeles County. (DC-V)

f. Application No. 4-09-15 (Sternberg, Los Angeles Co.) Application of Dr. James Sternberg to construct 2,139 sq.ft., 25.9-ft. high from existing grade single family home with attached 462 sq.ft. garage, 2 501 sq.ft. attached decks, private sewage disposal system, 774 cu.yds. of grading (699 cu.yds. of cut and 75 cu.yds. of fill), and construct 4 retaining walls, at 2501 Barrymore Drive, Malibu, Los Angeles County. (ADB-V)

9. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  Application No. 4-06-163 (Malibu Valley Farms, Inc., Santa Monica Mountains, Los Angeles Co.) Malibu Valley Farms, Inc. granted permit with conditions for after-the-fact approval of equestrian facility used for horse breeding, raising, training, stabling, exercising, boarding and rehabilitation, including as-built riding arenas, fencing, dirt access road with 2 at-grade crossings through Stokes Creek, corrals, paddock, mare motel, shelters, covered pipe barns, tack rooms, barn, manure storage areas, and parking lot. The project also includes addition of vegetative swales, bioretention basin with riprap pad, and 0.5-ac. riparian restoration, and removal of various pipe and covered corrals, cross-tie areas, storage containers, and tack rooms, located at 2200 Stokes Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V)

 Applicant Presentation

 Public Comment on Item

 Applicant Rebuttal

 Return to Commission

 Motion and  Vote

 Motion and Vote 

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.]

 Motion and  Vote

 Motion and Vote 

11. Commission Cease & Desist Order No. CCC-09-CD-01 (Ackerberg, Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Lisette Ackerberg, trustee of the Ackerberg Trust and owner of property to: 1) cease from engaging in further unpermitted development activities, including maintaining existing unpermitted development; 2) remove unpermitted development consisting of rock rip-rap, a wall, concrete slab and generator, fence, railing, planter, and landscaping from areas covered by lateral and vertical public access easements on the property; and 3) comply with conditions of existing permits and vertical and lateral public access easements, which provide for unobstructed public access over areas of the property covered by those easements, located at 22500 and 22466 Pacific Coast Highway, Malibu, Los Angeles County. (ANM-SF)

12. Notice of Violation No. CCC-09-NOV-01 (Ackerberg, Malibu, Los Angeles Co.) Public hearing and Commission action identifying unpermitted development by Lisette Ackerberg, trustee of the Ackerberg Trust and property owner, on property located at 22500 and 22466 Pacific Coast Highway, Malibu, Los Angeles County. (ANM-SF)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

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

a.  Port Master Plan Amendment No. 24 Port of Los Angeles. Public hearing and action on request by Port of Los Angeles Master Plan Amendment No. 24 to provide new disposal sites to accommodate the remaining dredge material generated by the approved Main Channel Deepening Project (PMPA No. 21), including additional dredging: 400,000 cu.yds. at the East Turning Basin; 170,000 cu.yds. at the Southwest Slip; and 500,000 cu.yds. for Main Channel entrance widening. Disposal sites include: 5 ac. at Berths 134-135 in the Northwest Slip; 8 ac. at Berths 243-245 (former Southwest Marine Shipyard) for contaminated sediment; 50 ac. at the Cabrillo Shallow Water Habitat site; and LA-2 ocean disposal site in the Port of Los Angeles. The land uses for the fill site at the Northwest Slip (Berths 134-135) will include “General Cargo” and “Other” (rail yard, roadways, utilities, etc.) and the Southwest Marine Shipyard fill will be designated as “Other”. (AP-LB)

 Motion and  Vote

14. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a.  CD-046-08 (Corps of Engineers, Los Angeles Co.) Consistency determination by U.S. Army Corps of Engineers for additional sites and capacity for dredged material disposal for the previously-approved Channel Deepening Project in the Port of Los Angeles. The Corps proposes to place approximately 3 million cu.yds. of dredged material at the Northwest Slip, Berths 243-245, and Cabrillo Shallow Water Habitat in the Port of Los Angeles, and at the LA-2 ocean disposal site, Los Angeles County. (LJS-SF)

 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 v. CCC (Signal Landmark, RPI)  Govt. Code § 11126(e)(2)(A).
Coastal Law Enforcement Action Network v. CCC (Malibu Valley Farms, RPI)   Govt. Code § 11126(e)(2)(A).
McAllister v. CCC (Laube et al., RPI)  Govt. Code § 11126(e)(2)(A).
Martins Beach 1 and 2, LLC v. County of San Mateo, CCC (new lawsuit)  Govt. Code § 11126(e)(2)(A).
Norris et al. v. CCC et al.   Govt. Code § 11126(e)(2)(A).
Richard J. Livoni Second Family Limited Partnership v CCC et al.  Govt. Code § 11126(e)(2)(A).
More Citizens for Safe Water et al. v. CCC et al. (Montara Water & Sanitary District, 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).

15. APPROVAL OF MINUTES.

16. COMMISSIONERS' REPORTS.

17. CONSERVANCY REPORT.

18. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

19. DEPUTY ATTORNEY GENERAL'S REPORT.

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

21. RECEPTION. At the conclusion of the meeting the Commission will attend a reception hosted by San Luis Obispo County at Lopez Lake in Arroyo Grande.  Members of the public are welcome to join the Commission; however, because space is limited, attendance will be allowed on a first come/first served basis.  Members of the public wishing to attend will have to arrange their own transportation.  The cost for the reception is $20 per person.  If you wish to attend or want more information, please contact Vanessa Miller at 415-904-5201 by 5 p.m. on July 1, 2009.

 GENERAL PUBLIC COMMENT