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January 2010 Agenda

Huntington Beach City Council
Chambers
2000 Main Street
Huntington Beach, CA 92648
(562) 972-9854

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

This has been posted at 7 p.m., Monday, January 4, 2010.

 Click Here to Start

10:00 a.m.

THURSDAY, JANUARY 14, 2010

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  GENERAL PUBLIC COMMENT.  Public comments will be heard at 10 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.  CONSENT CALENDAR. See AGENDA CATEGORIES.

 Motion and Vote

a. Application No. 5-09-230 (Aitken, Venice)  Application of Mr. Douglas Aitken to demolish two-story, 840 sq.ft. single-family home and detached garage on 3,080 sq.ft. lot fronting walk street; and construct two-story, 28-ft. high (with 33-ft. high roof access structure), 1,710 sq.ft. single-family home with detached two-story, three-car garage, at 25 Anchorage Street, Venice, Los Angeles, Los Angeles County. (CP-LB)

b. Application No. 5-09-236 (AC-Catalina Landing, LLC, Long Beach)  Application of AC-Catalina Landing, LLC to remove 38 concrete piles, 30 timber piles, five barge-style docks and four gangways from Catalina Landing in order to allow maintenance dredging and removal of contaminated sediments from harbor, at 310 Golden Shore, Long Beach, Los Angeles County. (CP-LB)

c. Application No. 5-09-192 (City of Hermosa Beach, Hermosa Beach) Application of City of Hermosa Beach to demolish three 630 sq.ft., 8-ft. high, semi-below grade public beach restrooms with 3 new 499 sq.ft., 8-ft. high, semi-below grade public restrooms in the same location, with outdoor shower, walkway, and re-landscaping, at intersections of The Strand & 2nd Street, 14th Street and 22nd Street, Hermosa Beach, Los Angeles County. (AP-LB)

CENTRAL COAST DISTRICT

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

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

a.  City of Capitola LCP Amendment No. CAP-2-09 Part 1 (Affordable Housing Overlay).
 Motion and  Vote
 
 Motion and Vote
 
 Motion and Vote
 
Public hearing and action on request by the City of Capitola to amend the LCP to add an Affordable Housing Overlay District (designed to allow increased densities of up to 20 units per acre for projects with a minimum of 50% affordable units) and to apply the new district to a site at 600 Park Avenue in Capitola, Santa Cruz County. (SC-SC)
 
b.  City of Capitola LCP Amendment No. CAP-2-09 Part 2 (Mixed Use in Community Commercial).
 
 Motion and Vote
 
 Motion and Vote
 
Public hearing and action on request by the City of Capitola to amend the LCP to allow residential mixed-use development in the Community Commercial Districts within Capitola, Santa Cruz County. (SC-SC)
c.  City of Carmel LCP Amendment No. CML-3-09 Part 1 (Del Mar Dunes Master Plan).
 Motion and Vote
 
Public hearing and action on request by the City of Carmel to add the Del Mar Dunes Master Plan to the LCP in Carmel, Monterey County. (MW-SC)
 
d.  City of Carmel LCP Amendment No. CML-3-09 Part 2 (Circulation Element). Concurrence with the Executive Director’s determination that the request by the City of Carmel to modify the LCP’s Circulation Element is minor. (MW-SC)

e. San Luis Obispo County LCP Amendment No. SLO-MAJ-1-05 Part 2 (DeVincenzo/Avila Valley Lodge). Public hearing and action on request by San Luis Obispo County to redesignate 16.8 acres from Rural Lands to Recreation and 17.6 acres from Rural Lands to Open Space for a 108-acre site, and to add new planning area standards to facilitate future hotel/motel and related development at the site (Avila Valley Lodge). (JB-SC) [WITHDRAWN]

8. NEW APPEALS.  See AGENDA CATEGORIES.

[ Items 8a and 8b below share a single, combined staff report.]
 Appellant Comments
 
 County of San Luis Obispo Comments
 
 Return to Staff
 
 Commissioner Comments
 
 Motion and  Vote

a. Appeal No. A-3-SLO-09-55 (Los Osos Wastewater Project, San Luis Obispo Co.). Appeal by Coastal Commissioners Mark Stone and Sara Wan; Chris Allebe; Sandra Bean; Don Bearden; Barry and Vivian Branin; Chuck Cesena; Citizens for Affordable and Safe Environment; Coalition for Low Income Housing; Fair Allocation of Important Resources (F.A.I.R); Martha Goldin; Joan Harlem; J.H. Edwards Company; Los Osos Legal Defense Fund; Alfred and Lourdes Magallanes; Richard Nyznyk; Linde Owen; Steven Paige; Bruce Payne; Piper Reilly; Sierra Club – Santa Lucia Chapter; Surfrider Foundation – San Luis Bay Chapter; Julie Tacker; Elaine Watson; and Keith Wimer of San Luis Obispo County decision granting permit with conditions to the County Public Works Department for the Los Osos Wastewater Project (including treatment plant, collection and disposal system, and related infrastructure and development) in the community of Los Osos (Estero Planning Area) in San Luis Obispo County. (JB-SC)

b. Appeal No. A-3-SLO-09-69 (Los Osos Wastewater Project, San Luis Obispo Co.). Appeal by Don Bearden, Sierra Club - Santa Lucia Chapter, Barry and Vivian Branin, Surfrider Foundation San Luis Bay Chapter, Linda Ward, Citizens for Affordable and Safe Environment, Coalition for Low Income Housing, Los Osos Legal Defense Fund, Martha Goldin, Keith Wimer, Julie Tacker, J.H. Edwards Company, Chuck Cesena, Steven Paige, Linde Owen, Piper Reilly, Elaine Watson, Alon Perlman of San Luis Obispo County decision amending their action on CDP DRC2008-00103 granting a permit with conditions to the County Public Works Department for the Los Osos Wastewater Project (including treatment plant, collection and disposal system, and related infrastructure and development) in the community of Los Osos (Estero Planning Area) in San Luis Obispo County. (JB-SC)

9. 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. A-3-SCO-05-073-A1 (Porter, Santa Cruz Co.).
 Motion and  Vote
 
Amending  Motion and  Vote
 
Request by William and Susan Porter to amend permit to allow construction of 31.5-ft. tall wind turbine, to modify glass requirements related to streetside second floor façade window unit, and to add permanent ladder on west side of residence at 3030 Pleasure Point Drive in Live Oak beach area of Santa Cruz County. (KM-SC)

NORTH 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 San Francisco office at (415) 904-5260.

SOUTH CENTRAL COAST DISTRICT

11.  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.

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

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

a.  City of Santa Barbara LCP Amendment No. MAJ-3-09 (Veronica Meadows) Time Extension.
 Motion and Vote
 
Public hearing and action to extend the time limit for action for one year on City of Santa Barbara request to amend its LCP to apply land use and zoning designations on a parcel intended to be annexed into the City of Santa Barbara; modify the land use and zoning designations on an adjacent City parcel: and create a new zone district, SP-9, to establish development standards for the Veronica Meadows Specific Plan, Las Positas Valley, north of the terminus of Alan Road, at 900-1100 Las Positas Road, City of Santa Barbara, Santa Barbara County. (JJ-V)
b.  County of Santa Barbara LCP Amendment No. MAJ-1-09 (Land Use & Development Code) Time Extension.
 
 Motion and Vote
 
Public hearing and action to extend the time limit for action for one year on County of Santa Barbara request to amend its LCP to replace the existing Coastal Zoning Ordinance with the new Santa Barbara County Land Use and Development Code; establish a separate Land Use and Development Code for Montecito; and rezone two parcels located in Montecito from Retail Commercial to Neighborhood Commercial, Santa Barbara County. (SLG-V)
 
c.  City of Malibu LCP Amendment No. MAJ-2-09-A (“Crummer Trust” Parcel). Public hearing and action on request by City of Malibu to amend the Land Use Plan (LUP) and Local Implementation Plan (LIP) portions of its certified Local Coastal Program (LCP) to delete LUP Policy 2.78 and to modify the requirements of the Planned Development (PD) land use designation for one vacant 24-acre parcel adjacent to Malibu Bluffs Park, formally known as the “Crummer Trust” parcel (APNs 4458-018-018, 019, 002) to allow for a mix of residential and recreational use instead of commercial visitor-serving use., City of Malibu, Los Angeles County. (DC-V)

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.

a. Application No. 4-09-008 (Mukherjee, Los Angeles Co.) Application of the Sarbojit Mukherjee to construct 24 ft.-high, two story 2,002 sq. ft. single family home, detached 484 sq. ft. two car garage with 484 sq. ft. guest house on second floor, retaining walls, 2 stairways, driveway, septic system, and 562 cu. yds. of grading (341 cu.yds. cut, 221 cu.yds. fill), at 2515 Hawks Nest Trail, Topanga, Los Angeles County. (JJ-V)

SOUTH COAST DISTRICT (Los Angeles County)

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 Long Beach office at (562) 590-5071.

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

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

a.  City Of Long Beach LCP Amendment No. LOB-MAJ-1-09. Public hearing and action on request by City Of Long Beach LCP Amendment No. LOB-MAJ-1-09 amends the Resources Management Plan portion of the LCP as it relates to Colorado Lagoon (CP-LB)
 Motion and Vote
 
 Motion and Vote
 
 Motion and Vote
 
 Motion and Vote

18. 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. 5-09-151 (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.  The project will be constructed to attain LEED Platinum or equivalent certification, at 1703 - 1715 Ocean Front Walk, Santa Monica, Los Angeles County. (AP-LB)
 Motion and  Vote

ENFORCEMENT

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

 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 Commission’s Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240.

21. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

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

SOUTH COAST DISTRICT (Orange County)

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 Long Beach office at (562) 590-5071.

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

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

a.  City Of Newport Beach LCP Amendment No. NPB-MAJ-1-09 (AERIE). Time Extension. Public hearing and action on extension of time limit to act on request by City Of Newport Beach to change the land use designation of a 584 sq. ft. portion of a parcel in the coastal zone at 101 Bayside Place from RH-D (High Density Residential) to RM-A (Medium Density Residential), Newport Beach, Orange County. (LR-LB)
 Motion and Vote
 
b.  City Of Laguna Beach LCP Amendment No. LGB-MAJ-3-09 (Title 25 changes). Time Extension. Public hearing and action on extension of time limit to act on request by City Of Laguna Beach to amend the Implementation Plan to prohibit certain uses in the City; change grading/construction material hauling hours, modify threshold for development requiring design review, modify design review noticing requirements, exempt elevator shafts from floor area calculation, allow development on nonconforming lots and additions to legal nonconforming structures without a variance; and update the floodplain ordinance), Laguna Beach, Orange County. (KFS/MV-LB)
 Motion and Vote

26.  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. 5-09-63 (Simon Trust, Newport Beach)  Application of Ronald M. Simon Trust to demolish single family home and construct new 2,545 sq.ft., 25 ft. high, two-story single family home with one detached, 438 sq.ft., two-car garage and one detached, 270 sq.ft. single-car garage with 408 sq.ft. office above two-car garage, at 2 Harbor Island, Newport Beach, Orange County. (MV-LB)

b.  Application No. 5-09-99 (Palm Beach Park Association, San Clemente)  Application of Palm Beach Park Association to remove and replace 306.5 ft. long and 6-ft. tall chain link fence and two gates (approx. 219.5 ft. of fence parallel to ocean and adjacent to OCTA railroad tracks and 87 ft. of fence perpendicular to ocean) on vacant beachfront lot (APN 691-341-02) downcoast of Poche Beach, San Clemente, Orange County. (LR-LB)
 Motion and  Vote

 Motion and  Vote
c.  Application No. 5-09-105 (Norberg Trust, Laguna Beach)  Application of Norberg Family Trust to add to existing single-story single-family home including 307 cu. yds. cut/fill grading to construct semi-subterranean, 800 sq. ft. new lower level, within footprint of existing home, consisting of 2 bedrooms, 2 baths, family room and an additional 326 sq.ft. utility/storage room; add lower level paved patio with outdoor spa and shower, outdoor half spiral stair to access new lower level; and interior remodel of existing structure at street level; on bluff top lot at 86 S. La Senda, Three Arch Bay, Laguna Beach, Orange County. (LR-LB)
 
 Motion and  Vote
d.  Application No. 5-09-141 (City Of Newport Beach, Newport Beach)  Application of City of Newport Beach to install Tsunami Warning System at three (3) different locations along Balboa Peninsula.  At each location, install 50 ft. tall pole with 4.25 ft. tall siren (total 54.25 ft. tall) and associated improvements adjacent to base of pole, at 215 15th St, 5800 Seashore Drive, and 2300 Channel Rd., Newport Beach, Orange County. (FSY-LB)
 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:

Berge et al. v. Cambria Community Services District et al., Govt. Code § 11126(e)(2)(A).
Cannery Row Marketplace, LLC v. CCC et al. Govt. Code § 11126(e)(2)(A).
Harrington et al. v. CCC 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).

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.
 
 Motion and Vote

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.  World Surfing Reserves Resolution.  Commission discussion and possible action on a resolution designation of World Surfing Reserves to demonstrate their value and importance as unique recreation resources for the benefit of current and future generations. (PD-SF)

b.  NOAA Resolution.  Commission discussion and possible action on a resolution in support of a request by NOAA to undertake an immediate assessment of the status of the California Gray Whale and to make its evaluation available for public information and use. (SC-SF)

 Motion and Vote
 
Future Meetings:  The next meetings of the Coastal Commission are February 10-12, 2010 in Oceanside and March 10-12, 2010 in Santa Cruz.