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OCTOBER 2010 Agenda

Oceanside City Council Chambers
300 North Coast Highway
Oceanside, CA  92054


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

This has been updated at 11 a.m., Tuesday, October 5, 2010.

9:00 A.M.

WEDNESDAY, October 13, 2010

1.  CALL TO ORDER.

2.  ROLL CALL.

Please see the days our offices are closed for furloughs
in compliance with the Governor's executive order.

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 CENTRAL COAST DISTRICT

4.  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.

a.  City of Port Hueneme LCP Major Amendment No. 1-10. Certification Review. Concurrence with Executive Director’s determination that action of City of Port Hueneme accepting the Commission’s suggested modifications and certification of LCP Amendment No. 1-10 (Flood Hazard Overlay) is legally adequate, City of Port Hueneme, Ventura County. (JJ-V)

4.5. NEW APPEALS.

a.  Appeal No. A-4-MAL-10-074 (Harper/Fernhill Trust, Malibu)Appeal by Adam Hall from decision by the City of Malibu granting permit to William Harper, Fernhill Trust for partial demolition of existing single family home and conversion of structure into 896 sq. ft. second residential unit with 388 sq. ft. garage and separate attached 191 sq. ft. office; construction of new 2-story, 28 ft. high 5,199 sq. ft. single family home with 792 sq. ft. basements, 483 sq. ft. detached garage with 308 sq. ft. studio above; swimming pool and spa; landscaping; various hardscape including pool equipment enclosure; entry gate; outdoor barbeque area with trellis; fire department turnaround; and a new alternative onsite wastewater treatment system at 6737 Wildlife Road, Malibu, Los Angeles County. (SMH-V)
 
 Motion and Vote
 
5.  CONSENT CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES.

 
 Motion and Vote

6. 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. 4-07-098 (California Dept. of Parks and Recreation, Malibu) Application of California Dept. of Parks and Recreation to restore and enhance Malibu Lagoon to improve function of lagoon ecosystem by recontouring lagoon configuration, slopes and drainages to increase hydrologic flow (51,200 cu.yds. cut, 37,500 cu.yds. fill, and 13,700 cu.yds. export), habitat restoration plan to replant native species and remove non-native species, construct public access trail around lagoon, construct interpretive public educational amenities, and implement long-term monitoring plan, Malibu Lagoon State Beach, City of Malibu, Los Angeles County. (AT-V)
 
 Public Comment on Item

 Rebuttal
 
 Return to Staff
 
 Return to Commission
 
 Motion and  Vote
 
Amending  Motion and  Vote

[Items 6b and 6c below share a single, combined staff report.]

b. Appeal No. A-4-VNT-08-057 (Ventura County Harbor Dept.) Appeal by Graham and Bella Galliford, Arnie and Sherri Friedman, Chester and Jane Haines, and Bob Jurik on County of Ventura’s request to construct 1,700 sq.ft., maximum 33-ft. in height (as measured from finished floor elevation), lifeguard tower and public restroom building to replace previous lifeguard tower approximately 25-ft. in height and public restroom structure in approximately same location on North end of Silver Strand Beach, west of intersection of San Nicolas Avenue and Ocean Drive, Oxnard, Ventura County. (ADB-V)

c. Appeal No. A-4-VNT-08-100 (Ventura County Harbor Dept.) Appeal by Graham and Bella Galliford, Arnie and Sherri Friedman, and Chester and Jane Haines from the decision of County of Ventura granting amendment to permit allowing Ventura County Harbor Dept. to construct 1,700 sq.ft., maximum 33-ft. in height, lifeguard tower and public restroom building on Silver Strand Beach, as amended to prohibit construction of shoreline protective device(s) to protect the proposed structure, located west of intersection of San Nicolas Avenue and Ocean Drive, Ventura County. (ADB-V)

d.  Application No. 4-09-025 (BP West Coast Products, LLC, Los Angeles Co.) Application of BP West Coast Products to remodel and reopen existing gas station with 1,561 sq.ft. convenience store in former automobile service building. Installation of 2 underground fuel storage tanks (old tanks have been removed), 12 fuel dispensers and associated landscaping. Removal of existing pole sign and replace with 2 new monument signs. Stablize existing graded coastal bluff with inclined concrete wale system (grade beam) with tie-backs and mesh cable system, at 18541 Pacific Coast Highway (Topanga Canyon), County of Los Angeles. (CP-LB)

e.  Application No. 4-10-009 (Los Angeles County Dept. of Public Works) Application of L.A. County Dept. of Public Works to repair roadway by replacing rail and timber retaining wall with 130 ft.-long soldier beam pile retaining wall with cable railing on top, new 350 ft. long-guard rail, and repaving about 350 feet of 14 – 18 ft.-wide roadway, all located along 350-ft. section of Encina Road, about 250 feet west of Muerdago Road, Topanga, Santa Monica Mountains, Los Angeles County. (JJ-V)

7. PUBLIC WORKS PLAN.

a.  Malibu Parks Public Access Enhancement Public Works Plan. Public hearing and action on a Public Works Plan submitted by Santa Monica Mountains Conservancy (SMMC) and Mountains Recreation and Conservation Authority (MRCA) for public access and recreation facilities between and within public park land (Ramirez Canyon Park, Escondido Canyon Park, Latigo Trailhead Property, Corral Canyon Park and Malibu Bluffs Conservancy Property) in the Malibu-Santa Monica Mountains area of City of Malibu and unincorporated Los Angeles County. (DC-V)
 Public Comment on Item
 
 Return to Staff
 
 Return to Commission
 
 Motion and Vote
 
 Motion and  Vote
 
SOUTH COAST DISTRICT (Los Angeles County)

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 Long Beach office at (562) 590-5071.

9.  ADMINISTRATIVE CALENDAR (removed from Regular Calendar).  See AGENDA CATEGORIES.

a. Application No. 5-10-170 (Marshall, Long Beach) Application of Frank & Kathlyn Marshall Trust to remove and replace private U-shaped floating boat dock and gangway in same location using existing piles, at 5538 E. The Toledo, Long Beach, Los Angeles County. (CP-LB)

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

11. 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.  Appeal No. A-5-VEN-10-138 (ADC Development, Inc., Los Angeles Co.) Appeal by 1311 A.K. Properties, LLC from decision of City of Los Angeles granting permit to ADC Development (Fran Camaj) to demolish 1-story 1,312 sq.ft. building, and construct new 1,248 sq.ft. restaurant with 13 on-site parking spaces (with rooftop parking deck), at 1305 South Abbot Kinney Blvd., Venice, City of Los Angeles, Los Angeles County. (CP-LB)
 Public Comment on Item
 
 Return to Staff
 
 Return to Commission
 
 Motion and  Vote
 
Amending  Motion and  Vote

12. 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. 5-07-237-A (Carson Daly Trust, Pacific Palisades) Request by Carson Daly Trust to delete from plans previously approved 400 sq.ft. pool house and replace with construction of shade trellis supported by retaining wall with maximum height of 11.5 feet, and approximately 55 cu.yds. of backfill, at 101 & 111 Ocean Way, Pacific Palisades, Los Angeles County. (AP-LB)

SOUTH COAST DISTRICT (Orange 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.

a.  City of Dana Point LCP Amendment No. DPT-MAJ-1-08 (Certification Review). Concurrence with Executive Director’s Determination that the action by the City of Dana Point, accepting certification of DPT-MAJ-1-08 with modifications is legally adequate.� The amended Land Use Plan (LUP) for the Dana Point Harbor Revitalization establishes new land use designations and boundaries throughout harbor; expands allowable development; changes parking requirements and height limits, and �allows for� dry stack storage building for 400 boats, at Dana Point Harbor, Dana Point, Orange County. (FSY-LB)
 
 Concurrence 

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

a.  Application No. 5-10-009 (Seal Beach Animal Care Center, Seal Beach) Application of Seal Beach Animal Care Center to constructi 2,400 sq.ft., 1-story cat facility.� Grading to consist of 47 cu.yds. of cut, 40 cu.yds. of fill and 6 cu.yds. of export to location outside coastal zone, at 1700 Adolfo Lopez Drive, Seal Beach, Orange County. (FSY-LB)

b.  Application No. 5-10-110 (T- Mobile West Corp., Newport Beach) Application of T-Mobile West Corp. to remove existing concrete light pole, and place new replacement steel light pole, mounted wireless antennas, underground vault, 2 electrical meters, and 2 vault vent stacks within public right-of-way adjacent to Irvine Ave, near intersection of Irvine Ave and Private Road, at 2101- 1/2 Irvine Ave (public right-of-way), Newport Beach, Orange County. (JDA-LB)
 Motion and Vote

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

a.  City of Huntington Beach LCP Amendment No. HNB-MAJ-2-10 (Parkside). Public hearing and action on request by City of Huntington Beach to amend its Implementation Plan to add a zoning map with residential and open space uses for approximately 50 acre area known as the “Parkside” site, as well as zoning text changes that will apply throughout the City of Huntington Beach Coastal Zone, all of which is intended to implement LCP Land Use Plan Amendment No. 1-06 (Parkside), approved by the Commission on November 14, 2008. (MV-LB)
 Motion and Vote
 
 Motion and Vote

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

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. 5-10-31 (Paicius, Laguna Beach) Application of Rick & Robin Paicius to substantially demolish single family home and remodel/construct 5,416 sq.ft., 28 ft.-high, 2 story single family home, and attached 548 sq.ft., 2 car garage, including reduction of square footage of existing basement/understory storage area to 642 sq.ft., located within bluff top setback area, at 32 North La Senda, Laguna Beach, Orange County. (MV-LB)

b.  Application No. 5-10-32 (Evensen, Corona Del Mar) Application of Mr. & Mrs. Christian Evensen to demolish single-family home at top of coastal bluff and demolish detached 1-story 3-car garage at toe of bluff and construct new 4,733 sq.ft., 4-story single-family home connected via tunnel and elevator to 2,181 sq.ft., 2-story structure with 3-car garage and second floor recreation room, spanning entire bluff face. Grading consists of 2,052 cu.yds. of cut and export to location outside of coastal zone, at 3225 Ocean Blvd, Corona Del Mar, Orange County. (FSY-LB)
 Motion and Vote
 
c.  Application No. 5-10-88 (Dunbar, Newport Beach) Application of Steve Dunbar to demolish 10’ x 17’ floating dock including removal of two 12-in. diameter concrete piles and construct new 8’ x 12’ float with two 12-in. diameter concrete piles. Re-deck and re-use existing gangway and construct separate 10’ x 13’ platform supported by bulkhead and one 14-in. pile at, 4102 River Avenue, Newport Beach, Orange County (MV-LB)
 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.

a.  Permit No. 5-09-245-A1 (Huffman, Newport Beach) Application of Kirk Huffman to amend permit 5-09-245 to allow for demolition and reconstruction of landward portion of existing single family residence on bay-front lot; additional development requested to demolish 840 sq.ft. on first floor and 715 sq.ft. on second floor and rebuild 701 sq.ft. on first floor and 673 sq.ft. on second floor. No landscaping, grading, or additional work on bayward portion of residence is proposed, at 316 Via Lido Nord, Newport Beach, Orange County. (JDA-LB)
 Motion and Vote

ENFORCEMENT

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

Statewide moved to 10/15/10

 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 et al. v. Pacific Regional Director, Bureau of Indian Affairs Govt. Code � 11126(e)(2)(A). 
Citizens for a Better Eureka v. CCC Govt. Code � 11126(e)(2)(A). 
CUE VI, LLC v. CCC Govt. Code � 11126(e)(2)(A). 
City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code � 11126(e)(2)(A).
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPI) Govt. Code � 11126(e)(2)(A).
Hagopian v. CCC et al. Govt. Code � 11126(e)(2)(A). 
Kretowicz v. CCC Govt. Code � 11126(e)(2)(A).
Norberg v. CCC et al. Govt. Code � 11126(e)(2)(A). 
Ojavan Investors v. CCC et al. Govt. Code � 11126(e)(2)(A). 
Porter v. County of Santa Cruz, CCC Govt. Code � 11126(e)(2)(A).
Revell v. CCC (Access for All, RPI) Govt. Code � 11126(e)(2)(A). 
Save the Park v. CCC (Colmer, RPI) Govt. Code � 11126(e)(2)(A). 
Sierra Club v. Dep’t of Parks & Recreation et al. (County of San Luis Obispo et al., RPI) Govt. Code � 11126(e)(2)(A). 
Strother et al. v. CCC (Alvarez et al. RPI) Govt. Code � 11126(e)(2)(A). 
CCC v. Allen 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).

20. APPROVAL OF MINUTES.

21. COMMISSIONERS' REPORTS.

22. CONSERVANCY REPORT.

23. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

24. DEPUTY ATTORNEY GENERAL'S REPORT.

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

a. Interagency Agreement. �Public hearing and Commission authorization to enter into an Interagency Agreement with the California Department of Transportation (Caltrans) to accept up to $4,320,000 over a 5-year period for the equivalent of 5.5 Coastal Commission staff positions (PY) and other costs necessary to provide Coastal Act guidance and analysis of Caltrans’ plans and projects.� (TG/SH-SF)

b. Discussion of Proposition 26 and possible action by the Commission. (SC/PD-SF)
 GENERAL PUBLIC COMMENT

Future Meetings:� The next meetings of the Coastal Commission are November 17-19, 2010 in Los Angeles or Orange County and December 15-17, in San Francisco.