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March 2010 Agenda

Santa Cruz County
Board of Supervisors Chambers
701 Ocean Street
Santa Cruz, CA 95060
(831) 588-4112

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

This has been updated at 7 p.m., Wednesday, March 10, 2010.

 Click Here to Start

10:00 a.m.

WEDNESDAY, MARCH 10, 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.  ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-09-173 (Erickson, Long Beach)  Application of Dave Erickson to remove and replace 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 (5-10 ft. wide) using existing davits. No new piles, at 5680 Naples Canal, Long Beach, Los Angeles County. (CP-LB) [APPROVED]

5.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 
 Motion and Vote

a. Application No. 5-09-221 (Appel, Playa Del Rey) Application of Mr. & Mrs. Mark Appel to add 900 sq. ft. of interior space, 391 sq.ft. roof deck, and remodel existing 3 story, 3,497 sq.ft. single-family home with height of structure at 37 feet, located at 3 Sixty-sixth Ave, Playa Del Rey, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-10-006 (Kalnel Gardens, LLC, Venice) Application of Kalnel Gardens, LLC to demolish 1-story, 814 sq.ft. single-family home on 3,030 sq.ft. lot, and construct 35-ft. high (with one 38-ft. roof access structure), 5,298 sq.ft., 4-level mixed-use structure with 1 retail unit and 9-stall parking garage on ground floor and 1 residential unit above, at 1422 S. Main Street, Venice, Los Angeles, Los Angeles County. (CP-LB) [TO CONTINUE]

SOUTH COAST DISTRICT (Orange County)

6.  ADMINISTRATIVE CALENDAR.  See AGENDA CATEGORIES.

a. Application No. 5-10-1 (Chrys & Sharon Ritchie, Seal Beach) Application of Chrys & Sharon Ritchie to add new 5 ft. x 20 ft. second floor deck bordered by etched glass railing associated with existing beach fronting single-family home, at A-30 Surfside Ave., Seal Beach, Orange County. (FSY-LB) [APPROVED]

7.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 
 Motion and Vote

a. Application No. 5-09-157 (Whelan, Corona Del Mar) Application of Mr. John Whelan to demolish single-family home and construct new 3-level, 8,354 sq.ft. single-family home with attached 2,321 sq.ft. 7-car garage on coastal bluff top lot, including grading of 1,180 cu.yds. of cut, 760 cu. yds of fill, 700 cu.yds. of over-excavation and 420 cu.yds. of export to location outside of coastal zone, at 157 Shorecliff Road, Corona Del Mar, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL COAST DISTRICT

8.  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.

9.  CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
 
 Motion and Vote

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

a.  City of Port Hueneme LCP Major Amendment No. 1-10 (Flood Plain Management). Time Extension. Public hearing and action to extend the time limit for action for one year on the request by the City of Port Hueneme to amend its LCP to revise its zoning ordinance regarding the Flood Hazard Overlay Zone for the City of Port Hueneme, Ventura County. (JJ-V) [APPROVED]
 
 Motion and Vote
 
b.  City of Malibu LCP Amendment No. MAJ-3-08 (La Paz). Public hearing and action on request by City of Malibu to amend its certified LCP to change the land use and zoning designation of two parcels in Malibu’s Civic Center area from Community Commercial (CC) to a new, proposed designation of Town Center Overlay (TCO), with specific development standards for the new zone and a Development Agreement to allow an increase in allowable floor area ratio (FAR) from 0.15 to 0.20 for public benefit, City of Malibu, Los Angeles County. (DC-V) [APPROVED WITH MODIFICATIONS]
 
 Motion and  Vote
 
 Motion and  Vote
 
 Motion and Vote
 
 Motion and Vote

11. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-4-MAL-10-013 (Bercu, Los Angeles Co.) Appeal by Hans Laetz of Zuma Impact, LLC from decision of the City of Malibu granting permit to Dan Bercu for the remodel and expansion of an existing shopping center including the addition of 25,728 sq.ft. of commercial space, new parking lot, new alternative onsite wastewater treatment systems, landscaping, with associated variances/site plan review/conditional use permits at 30745 &30811 Pacific Coast Highway, Malibu, Los Angeles County. (DC-V) [POSTPONED]

12. 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. 4-09-036 (Wagner, Los Angeles Co.) Application of the Robert Wagner to construct 28-ft. high 2- story 4,685 sq.ft. single family home, detached 865 sq.ft. 3-car garage with 749 sq.ft. guest house on second floor, pool, spa, retaining walls, driveway, guest parking area, septic system, 660-ft. long existing access road improvement, 1,400 cu.yds. of cut, 1,900 cu.yds. of fill, 5,600 cu.yds. of removal and recompaction, and import 500 cu.yds. all located at 2826 Coral Glen Drive, Malibu, Los Angeles County. (JJ-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 12b below on March 9.]

b. Application No. 4-09-068 (Flood Control Dist., Santa Barbara Co.) Application by Santa Barbara County Flood Control District to implement flood control activities: removal of 2,000–30,000 cu.yds. of sediment through annual desilting, discing in late fall, application of herbicide in spring/summer, and revegetation with non-native grass, along 35 to 40-ft. wide, 1.4 mile reach of Atascadero Creek, Santa Barbara County. (AT-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH COAST DISTRICT (Los Angeles County)

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 Long Beach office at (562) 590-5071.

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

 
 Motion and Vote

15. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-5-LOB-10-15 (2H Properties, Los Angeles Co.) Appeal by Commissioners Shallenberger & Wan, Los Cerritos Wetlands Trust (Elizabeth Lambe, Executive Director), Thomas Marchese, Heather Altman, Mary Suttie, David Robertson, El Dorado Audubon Society (Mary Parsell), and Our Town – Long Beach (Joan Hawley McGrath, Sandie Van Horn, Pat Towner, Cindy Crawford, Tarin Olsen, Kerrie Aley, Allan Songer & Brenda McMillan) from decision of City of Long Beach granting permit with conditions to 2H Properties to import 1,000 cu.yds. of soil to re-establish and maintain cap over existing landfill (in response to Coastal Commission Emergency Permit 5-09-068-G), and to allow weed abatement and remediation, at 6400 Loynes Drive, Long Beach, Los Angeles County. (CP-LB) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

b.  Appeal No. A-5-PVE-10-23 (Buxton, Los Angeles Co.) Appeal by Commissioners Shallenberger & Wan of decision of City of Palos Verdes Estates granting permit with conditions to Neighborhood Church & David Buxton for construction of new 150-ft. long seawall & repair existing 650-ft. long gunite seawall at and along base of bluff adjacent to neighborhood church, at 415 Paseo Del Mar, Palos Verdes Estates, Los Angeles County. (GT-LB) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

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. 5-10-8 (Protasevich, Los Angeles) Application of Mr. Alex Protasevich to construct new 3,892 sq.ft., 3-story, 28-ft.high, single-family home, with attached 2-car garage and 3,000 cu.yds. of grading, at 17632 Castellammare Dr., Los Angeles, Los Angeles County. (AP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Application No. 5-10-21 (Community Corp. of Santa Monica, Santa Monica) Application of Community Corp. of Santa Monica to demolish 6 residential structures and construct 2-story, 32 unit affordable housing project, with 54 parking spaces within underground parking garage, at 430 - 508 Pico Blvd, Santa Monica, Los Angeles County. (AP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

17. 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. 5-96-268-A3 (City of Long Beach, Long Beach) Request by City of Long Beach to increase the previously approved parking rates and implement a monthly parking permit program for the existing Queensway Bay parking structure, at 201 Shoreline Drive, Long Beach, Los Angeles County. (CP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

ENFORCEMENT

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

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. [APPROVED]

20.  CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]
 
 Motion and Vote

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

[An addendum has been appended to the staff report below for item 21a on March 4; additional communications have been appended on March 8.]

a.  City of Laguna Beach LCP Amendment No. LGB-MAJ-3-8  (Three Changes). Public hearing and action on request by City of Laguna Beach to make 3 unrelated changes to the certified LCP: 1)  proposal to land use designate and zone the 8.52 acre site at 1900 Laguna Canyon Road (known as ACT V) to Public/Institutional land use designation and Institutional zone; 2) amend Land Use Element Policy 12-F regarding existing 500 sq.ft. size limit for buildings located in Public Recreation and Parks land use designation; and 3) changes to the Implementation Plan effecting how building heights are measured and clarifying parking garage regulations in certain zones (MV-LB) [APPROVED WITH MODIFICATIONS]
 
 Return to Item
 
 Motion and  Vote
 
b.  City of Dana Point LCP Amendment No. DPT-MAJ-1-10 (Time Extension). Public hearing and action to extend 60-day time limit for action on City of Dana Point LIP Amendment No. 1-10 pertaining to the Dana Point Harbor Revitalization Plan. (FSY-LB) [Time Extension APPROVED]
 
 Motion and Vote

21.5 NEW APPEALS.

[An addendum has been appended to the staff report below for item 21.5a on March 4; additional communications have been appended on March 8;
further communications have been linked from the staff report on March 9.]

a.  Appeal No. A-5-LGB-10-39 (Laguna Terrace Park, Laguna Beach) Appeals of decision by the City of Laguna Beach to grant coastal development permit 09-36 with conditions to subdivide the Laguna Terrace Mobilehome Park into 157 residential lots, and some additional lots, at 30802 South Coast Highway, Laguna Beach, Orange County. (KFS-LB) [SUBSTANTIAL ISSUE FOUND, de novo hearing TO CONTINUE]

22. 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 22a  below on March 4.].

a.  Application No. 5-09-128 (City of Newport Beach, Newport Beach) Application of City of Newport Beach to relocate volleyball court and install 2 poles to accommodate volleyball net, removal of approximately 100 sq.ft. of invasive, non-native ice plant and leveling of sand to accommodate volleyball court (approximately 25-30 cu.yds.), at China Cove Beach, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]
 
 Motion and  Vote

b. Application No. 5-09-249 (City of San Clemente, Public Works/Engineering Div., San Clemente) Application of City of San Clemente, Public Works/Engineering Div. for travel lane improvements along segments of El Camino Real and Avenida Pico, turning lane improvements, new traffic signal at the intersection of El Camino Real and Avenida Estacion, bike lanes and sidewalk extensions and upgrades including: 8-ft. wide sidewalks on both sides of Avenida Pico, 7-ft. sidewalk on coastal side of El Camino Real, 5-ft. and 8-ft. sidewalks on inland side of ECR north and south of Avenida Pico respectively, at El Camino Real & Avenida Pico Intersection, San Clemente, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

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. [APPROVED]

a.  City of Carlsbad LCP Amendment No. 1-08B (Legoland Inner Park) Certification Review. Concurrence with the Executive Director's determination that the action by the City of Carlsbad accepting certification of LCP Major Amendment 1-08B (amending both the Land Use Plan and Implementation Plan to update the Carlsbad Ranch Specific Plan to allow for minor improvements within the existing Legoland Park area to be approved administratively) with modifications is legally adequate.  (TR-SD) [APPROVED]
 

b.  City of Carlsbad LCP Amendment No. 1-09B (Legoland Hotel) Certification Review. Concurrence with the Executive Director's determination that the action by the City of Carlsbad accepting certification of LCP Major Amendment 1-09B (amending the certified Implementation Plan to update the Carlsbad Ranch Specific Plan to allow hotel and accessory uses as permitted uses within the Outer Park and modify parking provisions at the Legoland Park property) with modifications is legally adequate.  (TR-SD) [APPROVED]

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

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

[Addenda have been appended to the staff reports for items 25a and 25b below on March 8.]

a.   Carlsbad LCP Amendment No. 2-08A (Carlsbad Drainage Master Plan).  Public hearing and action on request by the City of Carlsbad to amend both their Land Use Plan and Implementation Plans to update the City's Drainage Master Plan.  (TR-SD) [APPROVED]
 
 Motion and Vote
 
 Motion and Vote

b. Carlsbad LUP Amendment 2-08B (Adams St. Subdivision). Public hearing and action on request by the City of Carlsbad to amend its certified Land Use Plan to change the land use designation from Residential Low Medium (RLM) to Open Space on a portion of a 1.08 acre site containing sensitive habitat to facilitate the development of two (2) single family homes.  The site is located in the 4400 block of Adams Street, along the north shore of Agua Hedionda Lagoon.  (TR-SD) [WITHDRAWN]

c.   City of Carlsbad LCP Amendment No. 4-09A-E (Various LUP and Code Changes) Time Extension. Public hearing and action to extend the 90 day time limit for Commission action on request by City of Carlsbad to revise certain land use designations and zoning related to:  (A)  nonconforming building and uses; (B) height calculations and definitions; (C)  definitions and location requirements for adult businesses; (D) modifying the land use designation from Residential Medium (RM) to Residential Low-medium (RLM) and  zoning from Residential Density – Multiple  (RD-M-Q) and Limited Control (LC) to One Family Residential (R-1) and Open Space (OS) at north side of Poinsettia Lane at westernmost terminus of Lemon Leaf Drive (Tabata Ranch); and (E) modifying the land use designation from Open Space (OS) to Residential Low Medium (RLM) and zoning from Limited Control (LC) to Residential 1 (R-1) at north-east end of Camino Hills Drive along west side of El Camino Real (Tabata 10).  (TR-SD) [Time Extension APPROVED]
 
 Motion and Vote
 
d.   City of Encinitas LCP Amendment No. 1-09 (Encinitas Ranch Specific Plan Revisions). Public hearing and action on request by the City of Encinitas to amend the certified Land Use and Implementation Plans to increase the overall maximum floor area for the Regional Commercial Center from 695,000 sq.ft. to 750,000 sq.ft on the property located on the west side of El Camino Real between Leucadia Blvd. and Town Center Drive. (GDC-SD)  [APPROVED]
 
 Motion and Vote

 Motion and Vote
 
26. NEW APPEALS.  See AGENDA CATEGORIES.

a. Appeal No. A-6-OCN-10-04 (Pack, Oceanside) Appeal by Commissioners Wan & Sanchez from decision of City of Oceanside granting permit with conditions to Moe Pack to demolish 3 apartments (2 buildings) and construct a residential duplex structure (2,344 sq. ft. & 2,636 sq.ft.), including 5 space underground parking garage utilizing tandem parking, at 312 South The Strand, Oceanside, San Diego County. (TR-SD) [POSTPONED]

[An addendum has been added to the staff report for item 26b below on March 8.]

b.  Appeal No. A-6-LJS-10-09 (San Diego Parks temporary rope barrier) Appeal by John Leek, Friend’s of Children’s Pool & The San Diego Council of Divers, from decision of City of San Diego granting permit with conditions to City of San Diego Parks and Recreation Dept. to annually install temporary rope barrier and signage during seal pupping season (December 15 to May 15), at Children's Pool Beach, La Jolla, San Diego, San Diego County. (LJM-SD) [NO SUBSTANTIAL ISSUE FOUND]
 
 Motion and  Vote

27. 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 added to the staff report for item 27a below on March 8.]

a. Application No. 6-08-123 (Medina & Graham, Carlsbad) Application of Ben & Eunice Medina & David Graham to subdivide vacant 1.08 ac. parcel into 4 lots (2 residential, 1 driveway and 1 open space lot) and construct 3,000 sq. ft. home on Lot 1 and 3,255 sq. ft. home on Lot 2, at 4400 block of Adams Street along north shore of Agua Hedionda Lagoon, Agua Hedionda, Carlsbad, San Diego County. (TR-SD) [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:

Citizens for a Better Eureka v . CCC  Govt. Code § 11126(e)(2)(A).
CUE VI, LLC v. CCC  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).
Jackson-Grube Family, Inc. v. CCC   Govt. Code § 11126(e)(2)(A).
McNamee et al. v. CCC   Govt.
Code § 11126(e)(2)(A).
Professional Engineers in State Government v. Schwarzenegger etl.   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 by and through CCC   Govt. Code § 11126(e)(2)(A).
Sterling v. CCC   Govt. Code § 11126(e)(2)(A).
In the matter of Ventura County Channel Islands Harbor Public Works Plan NOID 2-09.  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).

28.  APPROVAL OF MINUTES.

29.  COMMISSIONERS' REPORTS.

30.  CONSERVANCY REPORT.

31.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

32.  DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. 2011 meeting dates and locations.