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December 2009 Agenda

San Francisco City Hall
Legislative Chambers, Room 250
1 Dr. Carlton Goodlett Place
San Francisco, CA
(415) 407-3211

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

This has been posted at 11 a.m., Wednesday, December 2, 2009.

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9:00 a.m.

WEDNESDAY, DECEMBER 9, 2009

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  ELECTION OF OFFICERS. Commission discussion and action on election of Chairman, Vice-Chairman and representative to Santa Monica Mountains Conservancy.

 Motion and  Vote
 
4.  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)

5.  ADMINISTRATIVE PERMIT APPLICATIONS . See AGENDA CATEGORIES.

a. Application No. 5-09-187 (Eisner, Long Beach) Application of Henry & Nancy Eisner to remove and replace 8-ft. x 28-ft. floating boat dock with same sized dock in same location using existing davits and no new piles, at 5652 Naples Canal, Long Beach, Los Angeles County. (CP-LB)

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

a. Application No. 5-09-189 (Shanghai Strand, LLC, Hermosa Beach) Application of Shanghai Strand, LLC, to remodel 2-story single family home with addition of 1,022 sq.ft. third floor and open deck, at 2014 The Strand, Hermosa Beach, Los Angeles County. (AP-LB)

b. Application No. 5-09-192 (City of Hermosa Beach, Hermosa Beach) Application of City of Hermosa Beach to demolish and replace three 630 sq.ft. below grade public beach restrooms with 3 new 499 sq.ft. below grade restrooms in same locations, on the beach at intersections of The Strand & 2nd Street, 14th Street and 22nd Street, Hermosa Beach, Los Angeles County.
(AP-LB)

SOUTH COAST DISTRICT (Orange County)

7.  ADMINISTRATIVE CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-09-188 (Jorgensen, Huntington Beach) Application of Keith Jorgensen to modify “W” shaped, 2–slip boat dock by removing outer finger of existing boat dock float and install new 6-ft. x 60-ft. finger at right angle to existing middle finger,  remove existing pile at channelward tip of finger and install new 14-in. diameter, concrete pile at tip of proposed finger, at 3212 Portofino, Huntington Beach, Orange County. (MV-LB)

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

a. Application No. 5-09-152 (Oden, Seal Beach) Application of Sheila Oden to remove 1-story mobile home and replace with 1,004 sq.ft., 2-story manufactured home, at 74 Riversea, Seal Beach, Orange County. (FSY-LB)

SAN DIEGO DISTRICT

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

a. Application No. 6-09-049 (Caltrans Aliso Creek rest area renovations, San Diego Co.) Application of California Dept. of Transportation to demolish 4 comfort stations and construct 5 new comfort stations; construct two 3,000-gal. water tanks and associated pump equipment; reconfigure existing scenic outlooks; and landscape improvements, at north and southbound I-5 Aliso Creek Roadside Rest Areas, Camp Pendleton, San Diego County. (GB-SD)

b. Application No. 6-09-57 (Lik, San Diego) Application of Peter Lik to demolish single family home and construct 3-story, 1,422 sq.ft. single family home on 1,331 sq.ft. lot, at 708 San Jose Place, Mission Beach, San Diego, San Diego County. (LRO-SD)

SOUTH CENTRAL COAST DISTRICT

10.  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.

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

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

a.  City of Malibu LCP Amendment No. MAJ-3-09. Time Extension.
 Motion and Vote 
 
Public hearing and action to extend the time limit for action for one year on City of Malibu’s request to amend the Transfer Development Credit (TDC) provisions of its certified LCP to allow ownership of TDC donor parcels to be transferred to a public entity willing to accept title, and to allow TDC donor parcels to be merged with adjacent buildable lot(s) rather than adjacent already developed lot(s), City of Malibu, Los Angeles County. (DC-V)
 
b.  UCSB Notice of Impending Development No. 4-09 (Main Campus Infrastructure Renewal Project).
 
 Motion and Vote
 
Public hearing and action on Notice of Impending Development by University of California at Santa Barbara for replacement/new installation of 37,450 linear ft. of natural gas, potable water, sewer, and storm drain utility lines; installation of new stormwater treatment/filtration system; relocate existing stormwater drainage outfall at Campus Lagoon and; construct new Stormwater Filtration Basin; landscaping; restoration/enhancement of 22,406 sq.ft. of upland habitat area adjacent to lagoon; bicycle path improvements; and 45,527 cu.yds. of grading (37,439 cu.yds. excavation and 8,088 cu.yds. fill) on Main Campus of the University of California at Santa Barbara, Santa Barbara County. (ADB-V)
 
c.  Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 2-09 (Channel Islands Harbor Public Boat Launch Reconstruction).

 Motion and Vote
 
 Motion and  Vote
 
Public hearing and action on notice of impending development by Channel Islands Harbor to reconstruct the public launch ramp on east side of the harbor, including adjusting ramp angle, reinforce existing support rip-rap, re-pave site, demolish and reconstruct public restroom, construct a new public walkway along the waterfront and Victoria Avenue, relocate entrance along Victoria Avenue, and improve lighting and landscaping at the Channel Islands Harbor Launching Facility, Victoria Avenue, Oxnard, Ventura County. (AT-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. 4-07-063 (Malibu Sea Breeze LLLP, Los Angeles Co.) Application of Malibu Sea Breeze LLLP to construct 2-story, 1,614 sq.ft., 35-ft. high, single family home, attached 3-car garage, unenclosed outdoor decks and stairways, and 761 cu.yds. of grading (329 cu.yds. cut and 432 cu.yds. fill) at 27118 Carrita Drive, Malibu, Los Angeles County. (AT-V)

b. Application No. 4-08-075 (SaddlePeak West LLC, and MRCA, Los Angeles Co.) Application of SaddlePeak West, LLC and Mountains Recreation and Conservation Authority (MRCA) to redivide 3 parcels (4.9-acres, 4.9-acres, and 10.22-acres in size), create 3 new parcels (2.2-acres, 2.7-acres, and 15.12-acres in size); including dedication in-fee title of approx. 10-acres of proposed 15.12-ac. parcel to MRCA, at East of Saddlepeak Road, 700 feet southeast of Whitney Road, Santa Monica Mountains, Los Angeles County. (BJC-V)

c.  Application No. 4-08-089 (Los Angeles Co. Dept. of Public Works/Mountains Restoration Trust, Los Angeles Co.)
 Motion and  Vote
 
Application of Los Angeles County Dept. of Public Works and Mountains Restoration Trust to implement habitat restoration program for off-site compensatory mitigation required pursuant to authorized Los Angeles Co. Dept. of Public Works’ projects located in coastal zone of Santa Monica Mountains, at Cold Creek Valley Preserve, south of Stunt Road and 1,000-ft. east of Mulholland Highway, Santa Monica Mountains, Los Angeles County. (DC-V)
d.  Application No. 4-09-054 (Los Angeles Co. Dept. of Public Works, Los Angeles Co.)
 
 Motion and Vote
 
Application of Los Angeles County Dept. of Public Works to repair roadway and construct soldier pile retaining wall with tie-back system, concrete wall fascia, drainage improvements, and regrading and revegetating slope below wall, located along 150 foot long stretch of Tuna Canyon Road, at Mile Markers 4.97, 4.98, Santa Monica Mountains, Los Angeles County. (DC-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.  Redondo Beach LCP Amendment RDB-MAJ-2-08. Time Extension
 Motion and Vote
 
Public hearing and action on extension of time limit to act for City Council Action on Redondo Beach LCP Amendment No. 2-08 (Harbor Pier and Powerplant) certification with suggested medications. (GB-LB)

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

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

a.  City of Long Beach LCP Amendment No. LOB-MAJ-2-09.
 Motion and Vote
 
 Return to Item

 Motion and  Vote
 
City of Long Beach LCP Amendment No. LOB-MAJ-2-09 amends the development standards for Downtown Shoreline Planned Development District (PD-6) in order to specify that: (1) a new (second) hotel in Subarea 5 may be 6 stories in height instead of having to conform to the 3-story/40-ft. height limit, and (2) the site coverage requirements for Subarea 5 may be waived under certain circumstances, Long Beach, Los Angeles County. (CP-LB)

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.

a.  Application No. 5-09-103 (Verizon Wireless, Pacific Palisades)
 Motion and Vote
 
Application of Verizon Wireless to install new wireless telecommunication equipment on new 39-ft. high wood utility pool on seaward side of Pacific Coast Highway, consisting of 6-ft. double extension arms, 2 panel antennas, microcell, and 2 utility cabinets mounted on single pole, at 17980 1/4, Pacific Palisades, Los Angeles County. (AP-LB)

b. Application No. 5-09-151 (SHC Santa Monica Beach Hotel III, LLC, Santa Monica) Application of SHC Santa Monica Beach Hotel III, LLC to construct 6-unit condominium with 270 sq.ft. bicycle/skate rental shop on ground floor with outdoor display area and attain LEED Platinum or equivalent certification, at 1703 - 1715 Ocean Front Walk, Santa Monica, Los Angeles County. (AP-LB) [POSTPONED]

18. 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. 5-98-156-A17 (City of Long Beach & DDR Urban LP, Long Beach)
 
 Return to Item
 
 Motion and  Vote
 
Request by City of Long Beach to construct 5-story, 125-room hotel with 14,725 sq.ft. of ground-floor retail space on vacant lot in Downtown Shoreline area of Long Beach, at 290 Bay Street, Long Beach, Los Angeles County. (CP-LB)

SOUTH COAST DISTRICT (Orange County)

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 Long Beach office at (562) 590-5071.

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. 5-09-083 (City of San Clemente, San Clemente)
 Motion and Vote
 
Application of the City of San Clemente to construct 100 linear ft. by 2 ft. wide and 10-14 ft. tall flood wall adjacent to existing concrete channel at downstream end where Riviera Canyon underground drainage daylights at Plaza La Playa Channel Outlet at mouth of Riviera Canyon, San Clemente Orange County. (LR-LB)

22. DISPUTE RESOLUTION.

[  Items 22a and 22b share a single, combined staff report.]
 Motion and  Vote
 
 Motion and Vote

a. Dispute Resolution No. 5-09-133-EDD (Yeskin, San Clemente) Appeal of the Executive Director’s determination that permit application (5-09-133) is incomplete as submitted by David York Architect and Robert J. Krup on behalf of David Yeskin, 323 La Rambla, San Clemente, Orange County. (KFS-LB)

b. Dispute Resolution No. 5-09-134-EDD (Staver, San Clemente) Appeal of the Executive Director’s determination that permit application (5-09-134) is incomplete as submitted by David York Architect and Robert J. Krup on behalf of Rachel Staver, 325 La Rambla, San Clemente, Orange County. (KFS-LB)

SAN DIEGO DISTRICT

23.  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. 2-07B (Kelly/JRM Office Building) Certification Review.
 Motion and Vote
 
Concurrence with the Executive Director's determination that the action by the City of Carlsbad accepting certification of LCP Major Amendment 2-07B (to revise the land use and zoning designations on a portion of 5.9 acre site to accommodate 89,894 sq.ft. office building) with modifications is legally adequate. (TR-SD)

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

24.5 NEW APPEALS. See AGENDA CATEGORIES

a. Appeal No. A-6-CII-09-68 (City of Carlsbad, Carlsbad) Appeal by Commissioners Kruer & Wan from decision of City of Carlsbad granting permit with conditions to City of Carlsbad to construct 4-ft. tall, 200-ft. long chain link fence (with vehicle gate and pedestrian opening) across open space/public access lot, south of Buena Vista Lagoon, adjacent to The Beach Condominiums north of Ocean Street and Mountain View Drive, Carlsbad, San Diego County. (TR-SD) [POSTPONED]

25. 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. 6-09-61 (Di Noto, Solana Beach)
 Motion and Vote
 
Application of Thomas Di Noto to construct improvements and remodel existing home on blufftop site, at 365 Pacific Avenue, Solana Beach, San Diego County. (LJM-SD)

26. 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. 6-02-84-A (Scism, Solana Beach)
 Motion and  Vote
 
Request by Ninni Scism to amend permit for seawall to reconstruct mid-bluff area above existing seawall using geogrid structure with soil on bluff face fronting 357 Pacific Avenue, Solana Beach, San Diego County. (GDC-SD)

 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:

Access for All v. Ackerberg, Govt. Code § 11126(e)(2)(A).
Ackerberg et al. v. CCC (Access for All et al., RPI), Govt. Code § 11126(e)(2)(A).
Berge et al. v. Cambria Community Services District et al., Govt. Code § 11126(e)(2)(A).
Electric Pointe LLC et al. v. City of Los Angeles, CCC, Govt. Code § 11126(e)(2)(A).
Harrington et al. v. CCC, Govt. Code § 11126(e)(2)(A).
McAllister v. CCC et al. (Laube et al., RPI), Govt. Code § 11126(e)(2)(A).
Reddell v. CCC et al., Govt. Code § 11126(e)(2)(A).
Revell v. CCC (Access for All, RPI), Govt. Code § 11126(e)(2)(A).
Security National Guaranty, Inc. v. State of California, CCC, Govt. Code § 11126(e)(2)(A).
Sierra Club v. CCC et al. (State Lands Commission et al., RPI), Govt. Code § 11126(e)(2)(A).
Strother et al. v. CCC (Alvarez et al., RPI), Govt. Code § 11126(e)(2)(A).
Venice Stakeholders Association v. CCC et al., Govt. Code § 11126(e)(2)(A).
In the matter of Bureau of Indian Affairs decision re Big Lagoon Rancheria, Govt. Code § 11126(e)(2)(A).
Monterey County LCP Amendment No. 1-07, Govt. Code §11126(e)(2)(B).

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).

27.  APPROVAL OF MINUTES.

28.  COMMISSIONERS' REPORTS.

29.  CONSERVANCY REPORT.

30.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

31.  DEPUTY ATTORNEY GENERAL'S REPORT.

32.  EXECUTIVE DIRECTOR’S REPORT including report and possible Commission action on legislation and water quality.

a.  Audio and Video Streaming Services Contract for Commission Meetings.
 Motion and  Vote
 
Commission authorization for Executive Director to enter into a contract for audio-visual services and web streaming broadcast of Commission meetings. (SH-SF)

b.  Public Access Program.  Status Report regarding Coastal Commission required Vertical Offers to Dedicate public access easements and Vertical Public Access Deed Restrictions in San Diego and Orange Counties. (LL-SC)

c.  Public Education Program Annual Update. The Public Education staff will conduct a presentation on its activities and accomplishments in 2009.
(CP, SL, AF, VM, ES, SW, MY-SF)

Future Meetings:  The next meetings of the Coastal Commission will be January 13-15 in Huntington Beach and February 10-12 in Oceanside.