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MAY 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 12:30 p.m., Thursday, May 6, 2010.

 

9:00 a.m.

THURSDAY, MAY 13, 2010

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 (Orange County)

4.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 
 Motion and Vote

a. Application No. 5-09-170 (Jack & Melinda Avakian, Newport Beach) Application of Jack & Melinda Avakian to add and remodel beach-fronting from 3,240 sq.ft., 2-story single-family home with attached 597 sq.ft., 3-car garage, including addition of 674 sq. feet to existing second floor and addition of 81 sq. ft. to existing garage, to 2-story, 3,914 sq.ft.  single-family home with attached 678 sq.ft., 3-car garage. The maximum height of structure will be 23 ft. -9 in. above existing grade. No grading is proposed, at 1106 W. Oceanfront, Newport Beach, Orange County. (FSY-LB)

b. Application No. 5-09-216 (Fletcher, Newport Beach) Application of Christopher & Malin Fletcher to Construct 2,842 sq.ft., two-story mixed use building consisting of a residential unit 2,092 sq.ft. above ground level commercial use 750 sq. ft.  The building will be approximately 34-ft. above grade and will provide total of five (5) parking spaces.  Hardscape and landscape work is also proposed.  No grading is proposed, at 500 31st Street, Newport Beach, Orange County. (FSY-LB)

c. Application No. 5-10-87 (Rofael, Newport Beach) Application of Mr. & Mrs. Medhat M. Rofael for after-the-fact approval of remodel of ocean front 3,044 sq.ft., 2-story duplex with attached 358 sq.ft., 2-car garage with addition of new 226 sq.ft., third story and 258 sq.ft. third story uncovered deck resulting in 3,270 sq. ft., 3-story, 28-ft. tall duplex and after-the-fact approval of 10-ft. deep by 30-ft. wide concrete at-grade patio with 2-ft. tall concrete block perimeter fence within designated oceanfront encroachment area, at 4607 Seashore Dr., Newport Beach, Orange County. (LR-LB)

SAN DIEGO DISTRICT

5.  CONSENT CALENDAR.  See AGENDA CATEGORIES.

 
 Motion and Vote

a. Application No. 6-09-72 (Living Water Lutheran Church, San Diego) Application of Living Water Lutheran Church to adjust lot lines between 2 vacant lots (Lot A would be 13.37 acres and Lot B would be 4.77 acres), at El Camino Real at San Dieguito Road, North City, San Diego, San Diego County. (TR-SD)

b. Application No. 6-09-74 (Hacienda Cala HOA, Carlsbad) Application of Hacienda Cala Owners Association to remove and replace 480 sq.ft. dock of same size and location, at 4517 & 4519 Cove Drive, Agua Hedionda, Carlsbad, San Diego County. (TR-SD)

c. Application No. 6-10-01 (San Elijo Lagoon Conservancy, Encinitas) Application of San Elijo Lagoon Conservancy to restore and protect existing coastal dune habitat located within western basin of San Elijo Lagoon to include removal, control and monitoring of invasive plant species, installation of post and cable style fence to delineate and protect sensitive habitat and signage at east side of South Highway 101, just north of Solana Beach border, Cardiff, Encinitas, San Diego County. (GB-SD)

d. Application No. 6-10-28 (University of California, San Diego) Application of UC, San Diego to construct 16-ft. high, 13-ft. wide seawater effluent holding tank to include removal of 4-5 Eucalyptus trees, 36 cu.yds. of cut grading exported outside the coastal zone and paving of 256 sq.ft. area. Associated boring and trenching to install piping connecting holding tank with sewer mains, effluent pipes, discharge pipes, and power source, at Seaweed Canyon, east of Birch Aquarium at Scripps Institution of Oceanography, UCSD Campus, San Diego, San Diego County. (MA-SD)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

6.  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.

 
 Motion and Vote

a.   Status Report on Remediation and Restoration of Former Guadalupe Oil Field Site. Commission staff update on Chevron’s remediation of petroleum hydrocarbon contamination in soil and groundwater and restoration of habitat at 2,700-ac. former oil field, Guadalupe Beach area, San Luis Obispo County.  This is an information item only; no action will be taken by the Commission. (AD-SF)

b.  National Oceanic and Atmospheric Administration Marine Mammal Research. Southern California. Presentation by researcher collaborating with (and on behalf of) the National Oceanic and Atmospheric Administration (NOAA) for research proposed in the Southern California Bight (primarily within the U.S. Navy’s existing Southern California (SOCAL) Range Complex), to be conducted over a 5-year period (commencing in Summer/Fall 2010) to study the basic behavior, vocal communication, and biology of various marine mammal species and to measure their reactions to a controlled underwater sound exposures.  The purpose of these studies is to determine behavioral responses to simulated mid-frequency (MF) sonar sounds, so that sound producers, including the U.S. Navy, and regulatory agencies, can better understand, minimize, and manage noise impacts.  (MPD-SF)

7. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a.  CD-002-10 (Corps of Engineers, San Luis Obispo Co.) Consistency determination by Corps of Engineers for geotechnical and hydrogeologic testing to determine feasibility of site for subsurface desalination intake, at Santa Rosa State Beach and Shamel County Park in Cambria, San Luis Obispo County. (TL-SF)

 
 Motion and  Vote
 
Amending  Motion and  Vote
 
b.  CD-009-10 (U.S. Fish and Wildlife Service, San Diego Co.) Consistency determination by U.S. Fish and Wildlife Service for wetland and upland restoration and enhancement of 233 acres of salt ponds in the South San Diego Bay Unit of San Diego Bay National Wildlife Refuge, San Diego County. (LJS-SF)

 
 Motion and  Vote

ENFORCEMENT

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

SOUTH COAST DISTRICT (Orange 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 Huntington Beach LCP Amendment No. HNB-MAJ-2-09 (RLUIPA). Time Extension. Public hearing and action to extend 60-day time limit for Commission action up to one year on City of Huntington Beach Implementation Plan amendment that would amend Chapter 211 Commercial Districts of the City’s Zoning and Subdivision Ordinance which constitutes the certified Implementation Plan by allowing religious assembly uses within the Visitor Commercial zoning district, Huntington Beach, Orange County. (MV-LB)

 
 Motion and Vote
 
b.  City of Huntington Beach LCP Amendment No. HNB-MAJ-1-10 (Downtown Specific Plan Update). Time Extension. Public hearing and action to extend 90-day time limit for Commission action up to one year on amendment to City of Huntington Beach Local Coastal Program amendment amending both Land Use Plan and Implementation Plan portions of the certified LCP by updating the City’s Downtown Specific Plan. (MV-LB)

 
 Motion and Vote

12. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-5-DPT-10-82 (City Of Dana Point, Orange Co.)  Appeal by Ms. Vonne Barnes, Surfrider Foundation & Coastal Commissioners Bloom & Wan from decision of City of Dana Point to authorize implementation of operational hours and installation of enforcement devices such as signs and gates that regulate public access to public parks and accessways without a coastal development permit, in the Vicinity of Strand Vista Park, incl. South Strand Switchback Trail, Mid-Strand Beach Access, Central Strand Beach Access, and Strand Beach Park, Dana Point Headlands, Dana Point, Orange County. (KFS-LB)

 
 Motion and  Vote

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. 5-09-82 (County of Orange RDMD, Santa Ana River) Application of County of Orange, Resources and Development Management Dept. to implement long term routine maintenance activities to portion of Reach 1 (approximately 1.5 miles) of Santa Ana River channel within coastal zone including annual vegetation mowing/herbicide treatment/removal, cleaning of debris basins, inspections and periodic repair of channel hardscape such as retaining walls, dams, and related structures, at Santa Ana River (Reach 1) Pacific Ocean Upstream To Hamilton Ave., Huntington Beach/Newport Beach/Costa Mesa, Orange County. (LR-LB)

 
 Motion and Vote
 
b.  Application No. 5-09-163 (California Dept. of Transportation, District 12, Laguna Beach) Application of Dept. of Transportation, District 12 to construct 2 retaining walls to stabilize coastal bluff slope adjacent to State Route 1 (aka Pacific Coast Hwy); retaining wall located at PM 11.61 proposed to be 45-feet high and 40-feet long at 5-ft. offset from edge of road pavement, second retaining wall located at PM 11.65 proposed to be 20-feet high and 40-feet long at 5-ft. off-set from edge of road pavement, approximately 74 cu.yds. of imported fill, new cable railing fencing, retaining wall aesthetic treatment and bluff slope re-vegetation, at State Route 1 (aka Pacific Coast Hwy) between El Moro Beach and Moro Ridge Road, Laguna Beach, Orange County. (LR-LB)

 
 Motion and Vote
 
c.  Application No. 5-09-256 (City of Laguna Beach Public Works Dept., Laguna Beach)  Application of City of Laguna Beach to (1) reconstruct stairway to beach from street-end of Circle Way, (2) reconstruct water line and sewer line from end of Circle Way down to beach, (3) enlarge existing 18" diameter storm drain to 48" diameter storm drain from  end of Circle Way down to beach, (4) enlarge storm drain outlet at beach to 60" diameter with faux rockscape hinged cover to open when storm flows occur, (5) construct new water filtration device and minor nuisance flow diversion to sewer system, (6) construct concrete seawall with faux rock finish treatment adjacent to stairway and along frontage of adjacent private property at 299 Crescent Bay Drive, and (7) landscaping along  reconstructed stairway and new seawall, at 299 Crescent Bay Drive (end of Circle Way Steps to Beach), Laguna Beach, Orange County. (LR-LB)

 
 Motion and Vote

13.5. REVISED FINDINGS.

a.  Application No. 5-09-105 (Norberg, Laguna Beach) Application of Donald A. Norberg Trust granted permit with conditions to add to existing single-story, single family home including 307 cu.yds. cut/fill grading to construct semi-subterranean, 860 sq.ft. new lower level, within footprint of existing home, consisting of 2 bedrooms, 2 baths, family room and 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; repairs to existing 355 sq.ft. wood balcony deck 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

SAN DIEGO DISTRICT

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 San Diego office at (619) 767-2370.

a.  City of Encinitas LCP Amendment No. 2-08 (Sign Ordinance) Certification Review. Concurrence with the Executive Director's determination that the action by the City of Encinitas accepting certification of LCP Major Amendment No. 2-08 amending the certified implementation plan to prohibit new billboards with modifications is legally adequate.  (DNL-SD)
 
15.  CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES .

 
 Motion and Vote

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

a.  City of Carlsbad LCP Amendment No. 1-09A (Seascape). Public hearing and action on request of City of Carlsbad to amend both the Land Use Plan and Implementation Plan to 1) change the land use designation from Residential Low-Medium Density (RLM) to Residential Low-Medium Density and Open Space (OS) and 2) change the zoning designation from Limited Control (L-C) to One-Family Residential (R-1) and Open Space (OS) to accommodate 12 residential lots, two open space lots and one private street lot to facilitate the construction of 12 single-family homes on a 5.05 acre site. (TR-SD)

 
 Motion and Vote

 Motion and Vote

17. NEW APPEALS.  See AGENDA CATEGORIES.

a.  Appeal No. A-6-IMB-10-32 (Johnson & Newtrac Pacific, Imperial Beach) Appeal by Timothy O'Neil from decision of City of Imperial Beach granting permit extension, with conditions, to Edwin Johnson & Newtrac Pacific for construction of two 30-ft. high attached residential units on oceanfront lot with vertical seawall and front yard setback reduction, at 684-686 Ocean Lane, Imperial Beach, San Diego County. (DL-SD)

 
 Motion and Vote

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.

[ Items 18a, 18b, 18c, and & 18d below share a single, combined staff report]

a. Permit No. 6-00-32-A2 (Hanson Family Trust, San Diego Co.) Request by The Hanson Family Trust to amend permit for home construction to plant orchard on steep slopes, at 5025 Stonebridge Lane, Rancho Santa Fe, San Diego County. (DL-SD)

b. Permit No. 6-88-356-A3 (Perry, San Diego Co.) Request by Michael Perry to amend permit for home construction to plant orchard on steep slopes, at 3972 Stonebridge Ct., Rancho Santa Fe, San Diego County. (DL-SD)

c. Permit No. 6-89-75-A2 (Hsia, San Diego Co.) Request by Ru Ping Hsia to amend permit for home construction to plant orchard on steep slopes, at 3950 Stonebridge Ct., Rancho Santa Fe, San Diego County. (DL-SD)

d. Permit No. 6-98-91-A2 (Burnett, San Diego Co.) Request by James & Kimberly Burnett to amend permit for home construction to plant orchard on steep slopes, at 3939 Stonebridge Lane, Rancho Santa Fe, San Diego County. (DL-SD)

 

Future Meetings:  The next meetings of the Coastal Commission are June 9-11, 2010 in Marina del Rey and July 7-9 in Santa Rosa.