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June 2010 Agenda

Marina del Rey Hotel
13534 Bali Way
Marina del Rey, CA 90292
(562) 972-9854

 

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

This page has been updated as of 4:45 p.m., Thursday, June 3, 2010.

9:00 a.m.

WEDNESDAY, JUNE 9, 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. 5-06-111 (Mesa Consolidated Water District, Newport Beach) Application of Mesa Consolidated Water Dist. for follow-up to emergency permit for repair of leak from existing 42-in. steel water main and removal of non-native plant species and mitigation by planting Mulefat (Baccharis salicifolia) and Mexican Elderberry (Sambucus Mexicana), at Bayview Way, Newport Beach, Orange County. (FSY-LB)

b. Application No. 5-09-250 (Department of Fish & Game, Newport Beach) Application of Dept. of Fish & Game to remove floating dock, gangway, and bulkhead and construct new U-shaped 33-ft. x 65-ft. dock, 30-ft. x 4-ft. gangway and new bulkhead to be located behind and landward of existing bulkhead, at 600 Shellmaker Road, Newport Beach, Orange County. (FSY-LB)

c.  Application No. 5-10-65 (San Clemente Shorecliffs Beach Club Assoc., San Clemente) Application of San Clemente Shorecliffs Beach Club Association to remodel interior and improve façade to existing 1,544 sq.ft. beach club structure including replacement of doors and windows, expansion of outdoor BBQ area, addition of new wood deck, new patio cover, and new signage on private sandy beach parcel, at 2771 Coast Highway, San Clemente, Orange County. (LR-LB)

SAN DIEGO 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 San Diego office at (619) 767-2370.

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

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

a.  Carlsbad LCP Amendment No. 4-09B (Building Height). Public hearing and action on request by the City of Carlsbad to amend its certified Implementation Plan to clarify how height is calculated, and amend several related definitions pertaining to building height. (TR-SD)

 
 Motion and Vote

8. NEW APPEALS. See AGENDA CATEGORIES.

[ Items 8a and 8b share a single, combined staff report.]

 Motion and  Vote

a. Appeal No. A-6-COR-08-98 (Hotel Del Partners LP, Coronado) Appeal by Commissioners Kruer & Wan and Concerned Citizens for Keeping the Hotel Del Beautiful from decision of City of Coronado granting permit with conditions to Hotel Del Partners LP to amend permit for Hotel Del Coronado Master Plan to relocate approved conference center and south beach guest rooms, relocate bus staging area from adjacent to R.H. Dana Place to Orange Avenue, add surface parking adjacent to entry garden and R.H. Dana Place; retain laundry facility; reposition southerly end of Paseo del Mar public easement to connect to public easement/walkway adjoining the Coronado Shores development; and convert 144 approved new hotel rooms to condo-hotel ownership, at the Hotel del Coronado, 1500 Orange Avenue, Coronado, San Diego County. (DL-SD)

b. Appeal No. A-6-COR-08-99 (Hotel Del Partners LP, Coronado) Appeal by Commissioners Kruer & Wan and Concerned Citizens for Keeping the Hotel del Beautiful from decision of City of Coronado granting permit with conditions to Hotel del Partners LP for 3 lot tentative subdivision map to allow conversion of 144 approved new hotel rooms to condo-hotel ownership; the multiple room suites would have 144 rooms available for rent, subdivided as 85 limited-term occupancy condominium hotel units and 30 resort/hotel managed commercial units (non-habitable management condominium units, e.g. lobby and maintenance closets), at the Hotel del Coronado, 1500 Orange Avenue, Coronado, San Diego County. (DL-SD)

9. 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. 6-09-64 (City of San Diego Ocean Beach parking restrictions) Application of City of San Diego Engineering and Capital Projects Dept. to install signage limiting on-street parking to 2 hrs Monday through Saturday 8 a.m. to 5 p.m. and paint "T" parallel parking spaces to prohibit oversize vehicle parking (affecting 8 existing parking spaces), at 900 block Abbott Street between Newport Avenue and Saratoga Avenue, Ocean Beach, San Diego, San Diego County. (DL-SD)

10. 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. 6-04-88-A4 (Southern California Edison (SCE) & San Dieguito River Park Joint Powers Authority, Del Mar & San Diego) Request by Southern  California Edison (SCE) to amend Special Condition Nos. 4, 12 and 27 of permit for restoration of San Dieguito Lagoon. Project includes replacement of restoration module W45 with restoration module W16, modification of timing for construction of public beach accessways, and modifications to special conditions for riverbank revetment, located within western end of San Dieguito River Valley between El Camino Real and Pacific Ocean, Del Mar and San Diego, San Diego County. (GB-SD)

11. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  Application No. 6-07-133 (Li, Encinitas) Bernard Li granted permit with conditions 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 facing over seawall, on public beach below 680 Neptune Avenue, Encinitas, San Diego County. (GDC-SD)

 
 Motion and Vote

NORTH COAST DISTRICT

12.  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 Eureka office at (707) 445-7833.

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

 
 Motion and Vote

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

a.  Humboldt Co. LCP Amendment No. HUM-MAJ-2-09 (New Heart Community Church) Time Extension. Public hearing and Commission action to extend time limit for action by County of Humboldt to accept Commission certification of LCP Amendment No. HUM-MAJ-2-09 with suggested modifications. (MBK-E)

 
 Motion and Vote

15. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-1-MEN-10-12 (Brotherton, Mendocino Co.) Appeal by Commissioners Bloom & Stone from decision of Mendocino County granting permit with conditions to Paula & Tom Brotherton for construction of new 3,495+/- sq.ft. single family home with attached garage and maximum average height of 18 ft. above natural grade, including entry trellis, driveway, generator enclosure, patio, landings, walkways, retaining walls, septic system, underground utilities, 500 gal. underground propane tank, and 10,000 gal. underground water storage tank, at 45480 Chapman Road, Mendocino, Mendocino County. (TG-E) [WITHDRAWN]

b.  Appeal No. A-1-MEN-10-15 (Bethel & Hupp, Mendocino Co.) Appeal by Commissioners Shallenberger & Bloom from decision of Mendocino County granting permit with conditions to Barbara Bethel & John Hupp for material modification of permit granted for single-family home and guest cottage to substitute guest bedroom for guest cottage, alter approved building footprint, and add additional windows to all elevations of home, at 9490 North Highway One, Mendocino, Mendocino County. (TG-E)

c. Appeal No. A-1-MEN-10-20 (Big River Partners, LLC, Mendocino Co.) Appeal by Albion Residents Association & Sierra Club, Mendocino from decision of County of Mendocino granting permit with conditions to Big River Partners, LLC for construction of 3,264± sq.ft., 18-ft. high single-story home with attached 845± sq.ft. garage; install septic disposal system; connect to existing water well; place propane and water storage tanks, pump house, generator shed, propane shed and hot tub; and construct driveway, at 3400 North Highway One, Albion, Mendocino County. (TG-E) [POSTPONED]

16. 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. 1-08-47 (Crescent City Harbor District, Crescent City) Application of Crescent City Harbor District to repair storm damage to inter boat basin breakwater, including construction of concrete diaphragm along entire length of breakwater, placement of armor stone in various locations for erosion control, and placement of topsoil and seeding, at 101 Citizens Dock Road, Crescent City, Del Norte County. (JB-E)

b.  Application No. 1-08-50 (Crescent City Harbor District, Crescent City) Application of Crescent City Harbor District to (1) repair riprap slope protection and asphalt paving near end of Citizen's Dock Road. Repairs include placement of 1-ton and light class riprap, concrete slope protection, and placement of aggregate base; (2) repair riprap slope protection near Whaler's Island. Repair includes placement of 2-ton and 1-ton rock slope protection, Type B fabric, concrete key, and new asphalt pavement; (3) repair riprap slope protection and parking improvements at Citizen's Dock Road. Repairs include placement of 1-ton and light class riprap, concrete slope protection, and placement of aggregate base; (4) repair riprap slope protection, and sinkhole on Anchor Way. Repairs include replacement of riprap, concrete key, and concrete barrier. Road repairs are also required, at 101 Citizens Dock Road, Crescent City, Del Norte County. (JB-E)

c.  Application No. 1-09-36 (Lake, Arcata) Application of Robert Lake to develop seven, 2-bedroom, 1-bathroom residential apartment units on 0.45-ac. lot with 6 of the residential units to be constructed as part of new proposed apartment building and remaining residential unit located on second story of existing retail structure, at 575 H Street, Arcata, Humboldt County. (RSM-E)

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. 1-03-21-A (City of Arcata, Arcata) Request by City of Arcata to modify permit granted for repair of levees separating Klopp Lake and wastewater treatment ponds from Humboldt Bay to extend repairs of shoreline embankment along 700 ft. of South I Street and 2,000 ft. of wastewater pond levees and provide wetland habitat mitigation at Arcata Municipal Wastewater Treatment Plant and Arcata Marsh and Wildlife Sanctuary, adjacent to Humboldt Bay, between South I and G Streets, Arcata, Humboldt County. (MBK-E)

 
 Motion and Vote

SOUTH COAST DISTRICT (Orange County)

18.  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.  City of Dana Point LCP Amendment No. DPT-MAJ-1-08 (Certification Review). Concurrence with the Executive Director’s Determination that the action by the City of Dana Point, accepting certification of DPT-MAJ-1-08 with modifications is acceptable. The amendment establishes new land use designations and boundaries throughout the harbor; expands allowable development by approximately 153,000 sq.ft. (all uses) including commercial development (+7,300 sq.ft. retail/+50,000 sq.ft. restaurant), enlarged hotel (136 rooms to 220 rooms) plus conference facilities, new marine retail (9,100 sq.ft.), among other expanded uses; changes parking requirements; reduces space allocated for surface boat storage; and changes height limits to allow for 65 ft. tall dry stack storage building for 400 boats and up to 60-ft. tall commercial buildings. (FSY-LB)

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

 
 Motion and Vote

20. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  City of Dana Point LCP Amendment No. DPT-MAJ-1-08 (Revised Findings). Revised findings in support of Commission’s approval with modifications of Dana Point Harbor Revitalization Plan that establishes new land use designations and boundaries throughout harbor; expands allowable development by approximately 153,000 sq. ft. (all uses) including commercial development (+7,300 sq.ft. retail/+50,000 sq.ft. restaurant), enlarged hotel (136 rooms to 220 rooms) plus conference facilities, new marine retail (9,100 sq.ft.), among other expanded uses; changes parking requirements; reduces space allocated for surface boat storage; and changes height limits to allow for 65 ft. tall dry stack storage building for 400 boats and up to 60 ft. tall commercial buildings in Dana Point, Orange County. (FSY-LB)

 
 Motion and  Vote

21. 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. 5-09-179 (Hitchcock Jr., San Clemente) Application of Frederick E. Hitchcock, Jr. to install new 1,256 sq.ft., double-wide, 18.5 ft. tall mobile home, on above-ground concrete block pier foundation, hardscape improvements including paver patio, 11-ft. tall patio cover, 30-in. tall masonry seat wall along oceanfront, drainage improvements and landscaping, on oceanfront lot, at 1880 N. El Camino Real #80, San Clemente, Orange County. (LR-LB)
 
 Motion and  Vote

b.  Application No. 5-09-180 (Hitchcock Jr., San Clemente) Application of Fredrick E. Hitchcock, Jr. to install new 1,345 sq.ft., double-wide, 19.5 ft. tall mobile home, on above-ground concrete block pier foundation, hardscape improvements including paver patio, 11-ft. tall patio cover, 30-in. tall masonry seat wall along oceanfront, drainage improvements and landscaping, on oceanfront lot, at 1880 N. El Camino Real #81, San Clemente, Orange County. (LR-LB)

c.  Application No. 5-09-225 (Orange County Public Works, Huntington Beach) Application of Orange County Public Works to repair and replace cathodic protection system and Talbert flood control channels. Work includes placement of 110 new sacrificial anodes each with footprint of 8 in. x 8 in. resulting in fill within tidally influenced channels. Work is also proposed within adjacent maintenance roads, within and adjacent to Huntington Beach and Talbert flood control channels located between Beach Blvd. and Bushard St., just north of Pacific Coast Highway and south of Yorktown Ave., Huntington Beach, Orange County. (MV-LB)

21.5. DISPUTE RESOLUTION.

a. Dispute Resolution No. 5-10-117-EDD (Laguna Terrace Park LLC, Laguna Beach) Public hearing on appealability to Commission of City of Laguna Beach action on application for coastal development permit No.10-26 to subdivide Laguna Terrace Mobile Home Park into 157 individual lots for residences, and 1 lettered lot that includes existing private streets and common areas, at 30802 South Coast Highway, Laguna Beach, Orange County. (KFS-LB)

ENFORCEMENT

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

NORTH CENTRAL COAST 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 Francisco office at (415) 904-5260.

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

 
 Motion and Vote

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

a.  San Mateo County LCP Amendment No. SMC-MAJ-1-07 (Midcoast LCP Update). Time Extension. Public hearing and action on request to extend the time limit for San Mateo County to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Amendment SMC-MAJ-1-07 (Midcoast LCP Update). (RP-SF)

 
 Motion and Vote
 
b.  San Mateo County LCP Amendment No. SMC-MAJ-1-04-A (Midcoast Design Standards). Time Extension. Public hearing and action on request to extend the time limit for San Mateo County to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Amendment SMC-MAJ-1-04-A (Midcoast Design Standards). (MC-SF)

 
 Motion and Vote

c.  San Mateo County LCP Amendment No. SMC-MAJ-1-09 (Wireless Facilities). Time Extension. Public hearing and action on request to extend the time limit for San Mateo County to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Amendment SMC-MAJ-1-09 (Wireless Facilities). (MC-SF)

 Motion and Vote

 
25.5. COASTAL PERMIT APPLICATIONS.

a.  Application No. 2-09-15 (Sonoma County Regional Parks Department). Application of Sonoma County Regional Parks Department to repair and maintain rip-rap, embankments, breakwater timber and pilings damaged by winter storms at 3 separate Sonoma County Regional Park project locations (Spud Point Marina, Porto Bodega/Bodega Bay Sport Fishing Center Marina, and Doran Beach), Bodega Bay, Sonoma County. (GMA-SF)

 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:

CCC v. Witter et al., Govt. Code § 11126(e)(2)(A)
City of Dana Point v. CCC (Headlands Reserve LLC, RPI), Govt. Code § 11126(e)(2)(A)
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPIs), Govt. Code § 11126(e)(2)(A)
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPIs), Govt. Code § 11126(e)(2)(A)
Hines v. CCC et al. (Star, RPI), Govt. Code § 11126(e)(2)(A)
McNamee v. CCC, Govt. Code § 11126(e)(2)(A)
Revell v. CCC (Access for All, RPI), Govt. Code § 11126(e)(2)(A)
Ross v. CCC et al. (Malibu Bay Co., RPI), Govt. Code § 11126(e)(2)(A)
Venice Stakeholders Association v. CCC et al., Govt. Code § 11126(e)(2)(A)
Sterling v. CCC, Govt. Code § 11126(e)(2)(A)
Gualala Festivals Committee v. CCC et al., 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).

26.  APPROVAL OF MINUTES.      Motion and Vote

27.  COMMISSIONERS' REPORTS.

28.  CONSERVANCY REPORT.

29.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

30.  DEPUTY ATTORNEY GENERAL'S REPORT.

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

 
 General Public Comment


Future Meetings
:
  The next meetings of the Coastal Commission are July 7-9 in Santa Rosa and and August 11-13 in San Luis Obispo. .