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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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9:00 a.m.

THURSDAY, JULY 9, 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. 5-08-209 (City of Long Beach Dept. of Parks, Recreation & Marine, Long Beach) Application of City of Long Beach Dept. of Parks, Recreation & Marine to repair eroded areas (using gravel, rocks and grout) along 500 linear ft. of riprap embankment at Marine Stadium East Launch Ramp, repair and seal public boat launch ramp, construct 500-ft. long walkway along the water (between the embankment and paved parking area), and install 6 public benches and three 4-ft. high entry signs, at 5413 Appian Way, Long Beach, Los Angeles County. (CP-LB)

b. Application No. 5-09-88 (Wells, Venice) Application of Evan & Sakura Wells to demolish 2-story, 2,558 sq.ft. duplex on 2,640 sq.ft. lot facing walk street; and construct 3-level, 28-ft. high (with 38-ft. high roof access structure), 3,414 sq.ft. single-family home with attached 2-car garage, and landscape portion of adjoining 28th Avenue walk street, at 33 28th Ave., Venice, Los Angeles, Los Angeles County. (CP-LB)

c. Application No. 5-09-93 (City of Los Angeles Dept. of Public Works, Bureau of Engineering, Venice) Application of City of L.A., Dept. of Public Works, Bureau of Engineering to replace 5 Grand Canal tide sluice gates in same location with new gates, including structural repairs to gate supports and pipes; to be done in 2 phases using temporary coffer dams in order not to disrupt normal canal flushing schedule, at 200 Washington Blvd. (at Grand Canal Bridge), Venice, Los Angeles, Los Angeles County. (CP-LB)

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 Santa Cruz office at (831) 427-4863.

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

 Motion and Vote 

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

a.  City of Capitola LCP Amendment No. CAP-MAJ-1-09. Public hearing and action on request by City of Capitola to amend the LCP to create a new parking meter zone and to raise parking meter rates in the Capitola Village area from $1.00 to $1.50 per hour. (SC-SC)

 Motion and Vote  

b.  Monterey County LCP Amendment No. MCO-MAJ-1-08 Part 2 (Sign/Billboard Ordinance). Public hearing and action on request by Monterey County to amend Chapter 20.60 and Section 20.68.070 of the certified LCP implementation plan to modify regulations governing signs and billboards, including prohibiting new billboards, throughout the County’s coastal zone. (KM-SC)

 Motion and Vote

 Motion and Vote 

c.  San Luis Obispo County LCP Amendment No. SLO-MAJ-2-07 Part 1 (Secondary Dwelling Units). Public hearing and action on request by San Luis Obispo County to modify processing requirements and development standards for secondary dwelling units in the Residential Single Family, Residential Suburban, and Residential Rural land use categories. (JB-SC)

 Motion and Vote

 Motion and Vote

 Motion and Vote

 Motion and Vote 

d.  San Luis Obispo County LCP Amendment No. SLO-MIN-2-07 Part 3 (Affordable Housing). Concurrence with the Executive Director’s determination that the request by San Luis Obispo County to amend certified LCP implementation plan standards for affordable housing is minor. (JB-SC)

e.  San Luis Obispo County LCP Amendment No. SLO-MIN-2-07 Part 4 (Condominium Conversions). Concurrence with the Executive Director’s determination that the request by San Luis Obispo County to amend certified LCP implementation plan standards related to condominium conversions in the LCP’s residential single-family and residential multi-family land use categories is minor. (JB-SC)

f.  San Luis Obispo County LCP Amendment No. SLO-MAJ-1-09 (Williamson Act). Time Extension Only. Public hearing and action on extension of time limit to act on request by San Luis Obispo County to amend LCP provisions related to implementation of the Williamson Act. (JB-SC)

 Motion and Vote 

g.  Santa Cruz County LCP Amendment No. SCO-MAJ-1-09 Part 2 (Timber Harvest on Agricultural Lands). Time Extension Only. Public hearing and action on extension of time limit to act on request by Santa Cruz County to amend the LCP and to add timber harvesting as an allowed use on land designated for Commercial Agriculture. (SC-SC)

 Motion and Vote 

7. 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. A-3-SLO-01-040 (Brett, San Luis Obispo Co.) Application of Harold Brett for a rip-rap revetment on bluffs fronting 463 Lucerne Road in the Cayucos area of San Luis Obispo County. (JB-SC)

 Motion and  Vote

Amending  Motion and  Vote

b. Application No. 3-09-016 (City of Capitola Fireworks) Application of City of Capitola for fireworks display on September 2, 2009 at the Capitola Wharf in Capitola, Santa Cruz County. (SC-SC)

8. 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. 3-92-063-A2 (Abalonetti's Restaurant, Monterey) Request by Abalonetti's Restaurant to expand permitted configuration of the restaurant, including adding more exterior tables, on Fisherman's Wharf in Monterey, Monterey County. (MW-SC)

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. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.

a.  City of Redondo Beach RDB-MAJ-2-08 (Area 2 Certification). Public hearing and action on request by the City of Redondo Beach to amend its certified Land Use Plan and Implementation Plan in order to certify the remaining uncertified area (Area 2) of the Redondo Beach Coastal Zone. Area 2 consists of the power generating plant area located west of Catalina Ave, and the harbor and pier areas of the City. The City also requests the elimination of the current geographic segmentation of the Coastal Zone in conjunction with these amendments.  The City proposes to remove the various, and conflicting development standards that exist for Area 2 between the certified LUP, Harbor/Civic Center Specific Plan and the existing zoning regulations.  The amendment request includes a development cap of 400,000 square feet of floor area for new development within the entire Harbor/Pier area, changes the zoning designations for the Harbor/Pier area from Waterfront to Coastal Commercial 1 – Coastal Commercial 5 with specific development standards for each of the new zones and addresses specific requirements for limited use overnight visitor accommodations. (GB-LB)

 City Presentation

 Public Comment on Item

 City Rebuttal

 Return to Commission 

 Motion and  Vote

 Motion and  Vote

 Motion and  Vote

 Motion and Vote 

12. 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 12a below on July 2]

a.  Application No. 5-08-285 (15 Voyage Street, LLC, Venice) Application of 15 Voyage Street, LLC to remove mobile construction office trailer from 2,280 sq.ft. lot, and construct 48-ft. high, 5,905 sq.ft. single-family home (plus attached 3-car garage), at 147 Via Marina (lot 23, Block 17, Del Rey Beach Tact), Venice, Los Angeles, Los Angeles County. (CP-LB)

 Motion and  Vote

b. Application No. 5-09-84 (Holiday-Panay Way Marina, LP, Marina Del Rey) Application of Holiday-Panay Way Marina, LP to demolish 182 boat slip marina and construct 87 slip marina including removal of piles, adding 79 new piles, replace ramps and dock floats, and install pump-out station, at 14025 Panay Way, Marina Del Rey, Los Angeles County. (AP-LB)

SAN DIEGO DISTRICT

13.  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.

 

a.  City of Imperial Beach LCP Amendment No. IMB-MIN-1-09 (Eco-Bike Transportation Plan). Concurrence with the Executive Director’s determination that the request by Imperial Beach to amend the certified LUP Circulation Element to promote bicycle circulation is minor. (DL-SD)

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

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

a.  City of Del Mar LCP Amendment No. DMR-MAJ-1-09 (Modifications to Parking Requirements)Public Hearing and action on extension of time limit to act on request by the City of Del Mar to amend its LCP, both LUP and IP, to address common, shared and off-site parking, parking spaces for persons with disabilities, and establish an in-lieu fee program for parking space reductions in the LCP as a whole.  (EL-SD)

 Motion and  Vote

b.  City of Carlsbad LCP Amendment No. 3-07 (B). Public hearing and action on request of City of Carlsbad to amend its Implementation Plan to include the Ponto Beachfront Vision Plan as a guidance document into the City's LCP, for the Ponto Area of the West Batiquitos Lagoon segment. (TR-SD)

 Motion and  Vote 

c. City of Encinitas LCP Amendment No. 2-08 (Sign Ordinance Revisions). Public hearing and action on request by City of Encinitas to amend its certified Implementation Plan by revising the City’s sign ordinance (Sec. 30.60) to ban new billboards and allow for sign message substitution. (GDC-SD) [POSTPONED]

15.5.  NEW APPEALS.

a. Appeal No. A-6-ENC-09-31 (Laser, Cardiff) Appeal by Nathan Johnson, Commissioners Wan and Shallenberger of decision of City of Encinitas granting permit with conditions to Ed Laser for boundary adjustment between 2 existing lots totaling 5.8 acres, construction of 5,205 sq. ft. single-family home with basement and detached 800 sq. ft. garage on 4 acre lot (Parcel A), construction of 5,696 sq. ft. single-family home with basement and 436 sq. ft. attached garage on 1.8 acre lot (Parcel B) and construction of driveway, retaining walls, associated grading and fuel modification clearance, at 2833 Manchester Avenue, Cardiff, Encinitas, San Diego County. (GC-SD)

16. 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. 6-08-73 (DiNoto et. al., Solana Beach) Application of Tom DiNoto, Kari de Burgh & John Cumming to construct 94-ft. long, 35-ft. high seawall, reconstruct portions of upper bluff using geogrid structure below 365 & 367 Pacific Ave., recontour existing geogrid structure below 371 Pacific Ave. and reconstruct patio area on reconstructed bluff below 365 Pacific Ave., at 365, 367 and 371 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD)

b. Application No. 6-09-23 (UCSD, San Diego) Application of the University of California, at San Diego to construct 9-story, 99.5-ft. high, 95,000 sq.ft. residential student apartment building on 32,152 sq. ft. landscaped area, at Muir College, UCSD Campus, La Jolla, San Diego, San Diego County. (LRO-SD)

NORTH CENTRAL COAST DISTRICT

17. 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 Francisco office at (415) 904-5260.

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

19. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-2-SMC-09-12 (Szewczak, San Mateo Co.) Appeal by Committee for Green Foothills of decision of County of San Mateo granting permit with conditions to James Szewczak for construction of 700-ft. long driveway and house pad for previously approved single-family home and stable, at 5005 Stage Road, San Gregorio, San Mateo County. (RP-SF) [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:

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.

  Legislative Report