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November 2009 Draft Agenda

Long Beach Civic Center
City Council Chambers
333 W. Ocean Blvd.
Long Beach, CA 90802
(562) 972-9854

The phone number will only be in service during the meeting.

This has been posted at 8:45 a.m., Tuesday, October 20, 2009.

 Click here to start

9:00 a.m.

THURSDAY, NOVEMBER 5, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  GENERAL PUBLIC COMMENT. Public comments will be heard at 9 a.m. for no more than 30 minutes. For attendees who are unable to attend the early comment period, there will be a second comment period prior to or after the lunch break.  Agenda items will begin or resume after public comment.

SOUTH COAST DISTRICT (Los Angeles County)

4.  ADMINISTRATIVE PERMIT APPLICATIONS.  See AGENDA CATEGORIES.

a. Application No. 5-09-173 (Erickson, Long Beach) Application of David Erickson to remove and replace existing 44-ft. long U-shaped floating boat dock with same sized dock in same location using 3 existing piles, and install new 100-ft. long floating boat dock (5 to10 ft.-wide) using davits attached to seawall., at 5680 Naples Canal, Long Beach, Los Angeles County. (CP-LB)

5.  CONSENT CALENDAR.  See AGENDA CATEGORIES.
 Motion and Vote

a. Application No. 5-09-168 (Rojany, Venice) Application of Avi & Danny Rojany to construct 3-level, 42-ft. high, 4,093 sq.ft. single-family home with attached 544 sq.ft., 3-car garage on vacant lagoon-fronting lot at 4107 Roma Court, Venice, Los Angeles County.(CP-LB)

SOUTH COAST DISTRICT (Orange County)

6.  ADMINISTRATIVE CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-144 (Henderson, Huntington Beach) Application of Donald Henderson to remove 12-ft. portion of concrete cantilevered deck and replace 7-ft. portion of concrete deck cantilevered 5 feet beyond bulkhead, totaling 36 feet, and retain portion of existing 42-in. high iron rail and addition of 12 ft. of railing resulting in 42-in. high iron rail with vertical pickets along entire perimeter of deck. No type of glass or transparent medium is proposed, at 16232 Wayfarer Lane, Huntington Beach, Orange County. (MV-LB)

b. Application No. 5-09-171 (Feverstein, Newport Beach) Application of Roberta Feverstein to remove finger shaped float and piles and replace with new L-shaped float system with 8 x 57 long finger, 6 x 20 back walk, 14 x 6 small finger and 2 new 14-in. square piles and 1 new 18-in. square pile, new 3 x 24 gang way, existing 12 x 18 oversized pier to remain unchanged, at 301 Via Lido Soud, Newport Beach, Orange County. (LR-LB)

c. Application No. 5-09-174 (Cancelleri, Newport Beach) Application of Jack Cancelleri to remove floating boat dock and replace with new 8 ft. x 30 ft. float with two 14-in. concrete piles, new 3 ft. x 24 ft. gangway, new 10 ft. x 14 ft. pier platform with two 14-in. T-piles, and 26 ft. x 4 ft. pier with one 14-in. T-pile, at 1001 N. Bay Front, Newport Beach, Orange County. (LR-LB)

d. Application No. 5-09-183 (Welden, Newport Beach) Application of Mr. Daniel Welden to remove finger-shaped float and piles and replace with new U-shaped float with three 14-in piles; existing gangway and pier to remain unchanged, at 1106 E. Balboa Blvd, Newport Beach, Orange County. (LR-LB)

7.  CONSENT CALENDAR.  See AGENDA CATEGORIES.
 
 Motion and Vote

a. Application No. 5-09-177 (Cefalia, Newport Beach) Application of Mr. & Mrs. James Cefalia to demolish single family home and construct new 4,208 sq.ft., 26-ft. high, 2-story single family home with attached 770 sq.ft. garage, 150 sq.ft. balcony deck, hardscape improvements, no landscaping and minimal grading for site preparation on 3,735 sq.ft. beachfront lot in Newport Beach, Orange County. (LR-LB)

b. Application No. 5-09-184 (Morris, Newport Beach) Application of Kathleen Morris to demolish single family home and construct new 3,514 sq.ft., 24-ft. high, 2-story single family home with attached 578 sq.ft. garage, balcony deck, hardscape improvements, no landscaping and minimal grading for site preparation, on 3,075 sq.ft. beachfront lot, at 1520 W. Oceanfront , Newport Beach, Orange County. (LR-LB)

SAN DIEGO DISTRICT

8.  CONSENT CALENDAR.  See AGENDA CATEGORIES.
 Motion and Vote

a. Application No. 6-09-30 (Imperial Beach public works yard improvements) Application of City of Imperial Beach to renovate public works yard to expand existing building 800 sq.ft., relocate truck staging area, add 16 public parking spaces and create access to adjacent Bayshore Bikeway, at 495 10th Street, Imperial Beach, San Diego County. (DL-SD)

b. Application No. 6-09-53 (San Diego treatment plant improvements) Application of City of San Diego, Metropolitan Wastewater Department, to demolish South Grit & Headworks Building and construct new grit tanks and 9,164 sq.ft. grit processing building including 998 sq.ft. interim grit processing facility and modifications to existing influent channels, piping and electrical/instrumentation, at Point Loma Wastewater Treatment Plant, 1902 Gatchell Road, Peninsula, San Diego, San Diego County. (LRO-SD)

SOUTH CENTRAL 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 Ventura office at (805) 585-1800.

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

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

a.  City of San Buenaventura LCP Amendment No. SBV-MAJ-1-08. Public hearing and action on request by City of San Buenaventura to amend its LCP by adding the Midtown Corridors Development Code (Main Street and Thompson Boulevard) policies and implementation measures. (AT-V)
 Motion and Vote

 Motion and  Vote
 
b.  City of San Buenaventura LCP Amendment No. SBV-MAJ-2-08. Public hearing and action on request by City of Ventura to amend the Land Use Plan and Implementation portions of its certified Local Coastal Program (LCP) to replace the 1993 Downtown Specific Plan policies and implementation measures with the 2007 Downtown Specific Plan. (AT-V)
 Motion and Vote
 
 Motion and Vote
 
 Motion and Vote
 
 Motion and Vote

12. NEW APPEALS.  See AGENDA CATEGORIES

a.  Appeal No. A-4-MAL-09-070 (Drane, Los Angeles Co.) Appeal by Commissioners Shallenberger & Wan from decision of City of Malibu granting permit to Clark Drane for construction of a new, 110 x 3 wide staircase on a bluff face at 7271 and 7273 Birdview Avenue, Malibu, Los Angeles County. (BJC-V)

b. Appeal No. A-4-MAL-09-072 (Selig, Los Angeles Co.) Appeal by Hamid Roknian, Mohamad & Ashraf Hosseini, and Margaret Herron from decision of City of Malibu granting permit to Jonathon & Sandy Selig for the construction of a new 2-story, 4,490 sq.ft. single-family home, retaining walls, fencing, gates, and alternative onsite wastewater treatment system at 6150 Galahad Drive, City of Malibu, Los Angeles County. (DC-V)

13. 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. 4-08-022 (Elliott, Los Angeles Co.) Application of Tom Elliott to construct 2-story, 28-ft. high, 4,413 sq.ft. single-family home with 1,129 sq.ft. attached garage, swimming pool, septic system, 300-ft. long driveway with hammerhead turnaround, retaining walls, perimeter fencing, and 2,560 cu.yds. of grading (1,293 cu.yds. cut, 1,267 cu.yds. fill) at 1522 Decker Canyon Road, Santa Monica Mountains, Los Angeles County. (DC-V)
 Motion and Vote

b. Application No. 4-08-083 (Dell'Acqua, Los Angeles Co.) Application of Carlos Dell ‘Acqua to construct 2-story, 35-ft. high, 1,000 sq.ft. single family home and detached 404 sq.ft. 2-car garage with 1200 gallon septic system, entry bridge, and attached terrace and 25 cu. yds. of grading at 3015 Sequit Drive, Malibu, Los Angeles County. (ADB-V)

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.

a.  Port of Los Angeles Master Plan Amendment No. 25 (Certification Review). Commission action on Board of Harbor Commissioners adoption of Coastal Commission certification of Port Master Plan Amendment No. 25, Los Angeles County. (AP-LB)
 Motion and Vote
 
15.  CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES.
 Motion and Vote

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

a.  City of Long Beach LCP Amendment No. LOB-MAJ-2-09). Public hearing and action on request by City of Long Beach to amend the LCP implementing ordinances for the Downtown Shoreline area (PD-6) to specify that a new six-story hotel is allowed in Subarea 5, Long Beach, Los Angeles County. (CP-LB)
 
 Motion and Vote

17. NEW APPEALS.  See AGENDA CATEGORIES.

a.  APPLICATION No. A5-VEN-09-194 (Magee, Venice) Appeal by Keith Stephenson of City of Los Angeles decision granting permit with condition to Kathy Magee to divide one 5,314 sq.ft. canal-fronting lot developed with 2 detached duplexes into 2 lots, at 2812-2818 Grand Canal, Venice, City of Los Angeles, Los Angeles County. (CP-LB)
18. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIES.  Attention:  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. 5-09-084 (Holiday-Panay Way Marina, L.P & Los Angeles County Department of Beaches and Harbors, Marina del Rey) Application of Holiday-Panay Way Marina, L.P and Los Angeles County Dept. of Beaches and Harbors to demolish 182 boat slip marina and construct 87 slip marina including removal of existing piles, adding 79 new piles, replace ramps and dock floats, and install pump-out station, at 14025 Panay Way (parcel 21), Marina del Rey, Los Angeles County.(AP-LB)

b. Application No. 5-09-092 (City of Avalon, Santa Catalina Island, Los Angeles Co.) Application of City of Avalon to remove public pier with 74 timber piles, and replace in same footprint with 108 x 36 concrete public pier supported by eight 24-in. diameter polyethylene-coated steel piles. The new pier will support 1-story fueling station, public restrooms, and café and temporarily re-locate fuel dispensing activities to City pump-a-head dock, at Casino Point/Avalon Bay, Santa Catalina Island, Los Angeles County. (CP-LB)

19. REVISED FINDINGS.  See AGENDA CATEGORIES

 [Items 19a through d share a single, combined staff report.]

a. Application No. 5-08-313 (City of Los Angeles, Department of Transportation, Venice) Revised Findings for denial of coastal development permit to establish Overnight Parking District (OPD) No. 523 with the following restriction: “No Parking 2 a.m. to 6 a.m. Nightly - Vehicles with District Permits Exempted”, and the erection of signs for such, at Public streets throughout the Venice area, Venice, Los Angeles, Los Angeles County. (CP-LB)

 Motion and  Vote
b. Application No. 5-08-314 (City of Los Angeles, Venice) Revised Findings for denial of coastal development permit to establish Overnight Parking District (OPD) No. 522 with the following restriction: “No Parking 2 a.m. to 6 a.m. Nightly - Vehicles with District Permits Exempted”, and the erection of signs for such, at Public streets throughout the Venice area, Venice, Los Angeles, Los Angeles County. (CP-LB)

 Motion and Vote
c. Appeal No. A-5-VEN-08-342 (City of Los Angeles, Dept. of Transportation, Los Angeles) Revised Findings for denial of coastal development permit to establish Overnight Parking District (OPD) No. 522 with the following restriction: “No Parking 2 a.m. to 6 a.m. Nightly - Vehicles with District Permits Exempted”, and the erection of signs for such, at Public streets throughout the Venice area, Venice, Los Angeles, Los Angeles County. (CP-LB)
 
 Motion and Vote 
 
d. Appeal No. A-5-VEN-08-343 (City of Los Angeles, Dept. of Transportation, Los Angeles) Revised Findings for denial of coastal development permit to establish Overnight Parking District (OPD) No. 523 with the following restriction: “No Parking 2 a.m. to 6 a.m. Nightly - Vehicles with District Permits Exempted”, and the erection of signs for such, at Public streets throughout the Venice area, Venice, Los Angeles, Los Angeles County. (CP-LB)
 
 Motion and Vote

[Items 19e through g share a single, combined staff report.]

e. Appeal No. A-5-VEN-08-340 (City of Los Angeles, Dept. of Transportation, Los Angeles) Revised Findings for denial of coastal development permit to establish Overnight Parking District (OPD) No. 520 with the following restriction: “No Parking 2 a.m. to 6 a.m. Nightly - Vehicles with District Permits Exempted”, and the erection of signs for such, at Public streets throughout the Venice area, Venice, Los Angeles, Los Angeles County. (CP-LB)
 
 Motion and Vote
f. Appeal No. A-5-VEN-08-341 (City of Los Angeles, Dept. of Transportation, Los Angeles) Revised Findings for denial of coastal development permit to establish Overnight Parking District (OPD) No. 521 with the following restriction: “No Parking 2 a.m. to 6 a.m. Nightly - Vehicles with District Permits Exempted”, and the erection of signs for such, at Public streets throughout the Venice area, Venice, Los Angeles, Los Angeles County. (CP-LB)
 Motion and Vote
 
g. Appeal No. A-5-VEN-08-344 (City of Los Angeles, Dept. of Transportation, Los Angeles) Revised Findings for denial of coastal development permit to establish Overnight Parking District (OPD) No. 526 with the following restriction: “No Parking 2 a.m. to 6 a.m. Nightly - Vehicles with District Permits Exempted”, and the erection of signs for such, at Public streets throughout the Venice area, Venice, Los Angeles, Los Angeles County. (CP-LB)
 
 Motion and Vote

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

20.  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 Commissions Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240.

a. Status Report on Poseidon Desalination Plant in Carlsbad. Status report by Commisssion staff on permit issuance for this project and the revocation request submitted by Surfrider Foundation, San Diego Coastkeeper and Coastal Environmental Rights Foundation. No action will be taken by the Commission on this item. (AJD-SF)

21. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a.  CD-060-09 (Corps of Engineers, Del Norte Co.) Consistency determination by Corps of Engineers for maintenance dredging of Crescent City Harbor Marina Access Channel and placement of up to 64,000 cu.yds. of dredged material at the Whaler Island disposal site for beach replenishment, Del Norte County. (LJS-SF)
 
 Motion and Vote

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

23. DISPUTE RESOLUTION.

a.  Dispute Resolution E-06-13-EDD (Poseidon Resources, Carlsbad) Public hearing and Commission determination on dispute over interpretation of Commission “prior to issuance” and “prior to construction” conditions of coastal development permit approval for Poseidon Resources desalination facility to be located at Encina Power Plant in Carlsbad, San Diego County. (TL-SF)

SOUTH COAST DISTRICT (Orange County)

24.  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.

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

26. COASTAL PERMIT APPLICATIONS.  See AGENDA CATEGORIES.  Attention:  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.5-09-034 (City of Laguna Beach, Laguna Beach) Application of City of Laguna Beach to re-construct concrete stairway to beach from street-end of Circle Way, re-construct water line and sewer line from end of Circle Way down to beach, including enlargement of existing 18-in. diameter storm drain to 48-in. diameter storm drain down to beach, enlargement of storm drain outlet, construct new water filtration device and minor nuisance flow diversion to sewer system, construct concrete seawall with faux rock finish treatment along frontage of street-end stairway and along frontage of adjacent private property, and landscaping along re-constructed stairway and along seawall for screening purposes, at 299 Crescent Bay Drive, Laguna Beach, Orange County. (LR-LB)

SAN DIEGO DISTRICT

27.  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 Carlsbad LCP Amendment No. 3-07A (Village Master Plan and Design Manual) Certification Review. Concurrence with the Executive Director's determination that the action by the City of Carlsbad accepting certification of LCP Major Amendment 3-07A (to clarify/update development standards and implementing policies (IP) in the Village Area Redevelopment segment) with modifications is legally adequate. (LRO-SD)

b.  City of Carlsbad De Minimis LCP Amendment No. 3-09 (Village Master Plan and Design Manual/Redevelopment Plan). Concurrence with Executive Directors determination that updating the Master Plan to delete references to the Redevelopment Plan are de minimis. (LRO-SD)
 
 Motion and Vote
 
28.  CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES.
 Motion and Vote

29. 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 request by the City of Del Mar to amend its LCP, both LUP and IP, to address common, shared and off-site parking, provide additional ADA-compliant parking and establish an in-lieu fee program to develop a shuttle system and public reservoir parking facilities in association with on-site parking reductions. (DNL-SD)

30. 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. 6-07-133 (Li, Encinitas) Application of Bernard Li to remove 6 ft. of concrete footing from seaward side of unpermitted seawall, construct 10-ft. high addition to unpermitted seawall, install 35-ft. high tied-back concrete columns between existing ones and add 1.5-ft. thick colored and textured concrete facing over seawall, on public beach below 680 Neptune Avenue, Encinitas, San Diego County. (GDC-SD) [POSTPONED]

b. Application No. 6-09-38 (BAE/SD Ship Repair, San Diego) Application of BAE Systems, San Diego Ship Repair to install new mooring dolphin to include installation of 8 hexagonal bearing piles; 16 H-piles; and 16ft. x 20ft. concrete deck to enhance mooring capacity at Pier 3 ship repair facility at 2205 East Belt, foot of Sampson Street, San Diego, San Diego County. (DL-SD)

c. Application No. 6-09-51 (Carlsbad bridge replacement) Application of City of Carlsbad to reconfigure and augment rock revetment and replace wing walls on public beach as component of larger project replacing Encinas Creek Bridge, located on west side of southbound Carlsbad Boulevard at Encinas Creek, Carlsbad, San Diego County. (TR-SD)
 Motion and Vote
 
Item 12.5 carried over from November 4th.
12.5  Commission Cease and Desist Order Consent Amendment No. CCC-09-CD-03-A and Restoration Order Consent Amendment No. CCC-09-RO-02-A (Mills PCH, LLC – Huntington Beach, Orange County).  Public hearing and Commission action on proposed consent amendments to previously issued Cease and Desist Order and Restoration Orders, to supplement existing Orders to address Commission monetary claims (provisions of the original orders remain in place); directed to Mills PCH, LLC; property located at 21622 Pacific Coast Highway, Huntington Beach, Orange County Assessor’s Parcel No. 114-150-86 (AJW-LB). [APPROVED WITH MODIFICATIONS]
 
 Motion and  Vote
 
 GENERAL PUBLIC COMMENT


Future Meetings
:  The next meetings of the Coastal Commission will be December 9-11 in San Francisco and January 13-15 in Los Angeles or Orange County.