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February 2011 Agenda

Chula Vista City Council Chambers
276 Fourth Avenue
Chula Vista, CA  91910
(562) 972-9853


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

This has been posted at 2:30 p.m., Thursday, January 27, 2011.

9:00 A.M.

WEDNESDAY, FEBRUARY 9, 2011

1.  CALL TO ORDER.

2.  ROLL CALL.

STATEWIDE

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 (LOS ANGELES COUNTY)

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

a. Application No. 5-10-280 (City of Los Angeles, Department of Works, Bureau of Engineering) Application of City of Los Angeles, Dept. of Works, Bureau of Engineering to construct underground 24’x14’x14’ stormwater diversion structure; dry-weather return diversion structure; hydrodynamic separator; approximately 1.25 million gallon storm water detention tank; install two above ground electrical cabinets; demolish and reconstruct 330 sq.ft. ADA compliant restroom facility; replace playground equipment; and restore site. Best Management Practice will be implemented during construction, at Temescal Canyon Road and within and in immediate vicinity of Temescal Canyon Park, northeast of Temescal Canyon Road and Pacific Coast Highway intersection, Los Angeles County. (AP-LB)

SOUTH COAST DISTRICT (Orange County)

5.  ADMINISTRATIVE CALENDAR.  See AGENDA CATEGORIES.

a.  Application No. 5-10-93 (Gaskill, Corona Del Mar) Application of James Gaskill to remove boat dock which consists of “U” shaped float and gangway attached to bulkhead and to construct new boat dock including wedge shaped float, new 3’x24’gangway to be attached to new 4’x4’ landing at bulkhead. Proposed wedge shape float dimensions are: 44’ long at side perpendicular to bulkhead, 4’ at Pierhead line, 46’ along diagonal side, and 29’ long along side nearest to and parallel with bulkhead. The side nearest bulkhead also includes approximately 4’x15’ lobe to accommodate landing the gangway. Three new steel piles are proposed to replace 3 existing piles, at 1611 Bayside Drive, Corona Del Mar, Orange County. (MV-LB)

b. Application No. 5-10-141 (Namson, San Clemente) Application of Jay Namson for addition of 763 sq.ft. living space below existing 2,077 sq.ft. home, resulting in 2840 sq.ft. single family home and 863 sq.ft. garage. Grading consists of 22 cu.yds. of cut, at 222 Trafalgar Lane, San Clemente, Orange County. (JDA-LB)

c. Application No. 5-10-203 (Behsai, Huntington Beach) Application of Mr. & Mrs. Youssef Behsai to construct new deck cantilevered 5 feet beyond bulkhead consisting of 2 parts: one 46 feet in length and one 29 feet in length, on either side of waterfront corner lot. A 42-in. high steel railing is proposed along perimeter of cantilevered deck (no transparent medium will be used on railing), at 16245 Tisbury Circle, Huntington Beach, Orange County. (MV-LB)

d.  Application No. 5-10-237 (Washington Holdings, Dana Point) Application of Washington Holdings to reduce risk of high bacteria levels at Monarch Beach by creating temporary berms of sand to channel runoff from Salt Creek directly into Pacific Ocean; establish water flow from Salt Creek outlet perpendicular to shoreline by creating 2 sand berms, upcoast and downcoast of ponded water and outlet flow on beach. Direct flow, by excavating pilot channel, no more than 4 feet wide, from area between berms, and out to daily high tide line; to be maintained and monitored for period of one-year in order to help develop long-term management plan for outlet, at 500 Monarch Bay Drive, Dana Point, Orange County. (KFS-LB)

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.

7. NEW APPEALS.  See AGENDA CATEGORIES

a. Appeal No. A-2-MAR-11-007 (Nextera, Marin Co.) Appeal by Commissioners Stone & Blank, Environmental Action Committee of West Marin, Marin Audubon Society, Susie Schlesinger, Louise Gregg, Beverly Childs McIntosh, Sid Baskin, and Helen Kozoriz from decision of County of Marin granting permit with conditions to Nextera Energy Resources, David Jablons & Tamara Hicks for installation and operation for up to 3-years of a 197.7 ft.-high meteorological monitoring tower at 5488 Middle Rd, Petaluma, Marin County. (CT-SF) [POSTPONED]

b. Appeal No. A-2-MAR-11-008 (Nextera, Marin Co.) Appeal by Commissioners Stone & Blank, Environmental Action Committee of West Marin, Marin Audubon Society, Susie Schlesinger, Louise Gregg, Beverly Childs McIntosh, Sid Baskin, and Helen Kozoriz from decision of County of Marin granting permit with conditions to Nextera Energy Resources, and Diane, Gregory, and Francis Cornett for installation and operation for up to 3-years of a 197.7 ft.-high meteorological monitoring tower at 2640 Whitaker Bluff Rd., Petaluma, Marin County. (CT-SF) [POSTPONED]

8. CONDITION COMPLIANCE.

a.  Condition Compliance for Permit No. E-06-013 (Poseidon Resources (Channelside), LLC, Carlsbad) Review and possible approval of proposed mitigation site(s) and preliminary restoration plan(s), as required by Commission-approved Marine Life Mitigation Plan submitted by Poseidon Resources in compliance with Special Condition 8 of Permit No. E-06-013 for desalination facility at Carlsbad, San Diego County. (KH-SF)
 Motion and  Vote

9. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a.  CC-052-10 (San Diego Association of Governments (SANDAG), San Diego Co.) Consistency certification by SANDAG for Sorrento to Miramar Double Track – Phase 1 project, including 6,300-ft.-long section of second railroad track and replacement of single-track railroad bridge 249.9 with new double-track bridge in Sorrento Valley, San Diego County. (LJS-SF)
 Motion and Vote

b.  CD-061-10 (Corps of Engineers, Pismo Beach) Consistency determination by Corps of Engineers for shoreline protection structures at St. Andrews Lift Station (Seacliff Dr. and Baker Ave.) and Vista del Mar Lift Station (Vista del Mar Ave. and Ocean Blvd), Pismo Beach, San Luis Obispo County. (MPD-SF)

c.  CD-063-10 (Bureau of Indian Affairs, Del Norte Co.) Consistency determination by Bureau of Indian Affairs for fee-to-trust land acquisition of 3 parcels of land totaling 22.6 acres for Smith River Rancheria, to provide trust land for Rancheria to construct residential and commercial/office/retail projects, Del Norte County. (LJS-SF)

SOUTH COAST DISTRICT (Los Angeles County)

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 Long Beach office at (562) 590-5071.

11. NEW APPEALS.  See AGENDA CATEGORIES

a.  Appeal No. A-5-VEN-10-281 (The Leader Camel Cheech, LLC, Los Angeles) Appeal by Harris Levey & Stewart Oscars from decision of City of Los Angeles granting permit with conditions to The Leader Camel Cheech, LLC to allow change of use of existing warehouse distributor to manufacturing office, at 534 Victoria Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB)

SOUTH COAST DISTRICT (Orange County)

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 Long Beach office at (562) 590-5071.

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

13.5 DISPUTE RESOLUTION

a.  Dispute Resolution No. 5-11-12-EDD (Laguna Terrace Park LLC & Ohana Laguna Reef LLC, Laguna Beach) Public hearing and Commission determination of appealability of City of Laguna Beach action on coastal development permit No. 10-57 to adjust lot lines, at 30802 & 30806 South Coast Highway, Laguna Beach, Orange County. (KFS-LB)
 
 Motion and  Vote

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. 5-10-12 (Manzo, Corona Del Mar) Application of Patricia Manzo to install new boat dock system consisting of the following: U shaped floating dock with two 2’x46’ Fingers and  6’x16’ headwalk supported by three 12-in. steel pipe piles; 4’x187’ pier approach supported by eighteen 10-in. steel pipe piles; 3’x24’ gangway; and 10’x14’ pier platform support by four 10-in. steel pipe piles. The dock system will be composed of Douglas fir, at 2223 Bayside Dr, Corona Del Mar, Orange County. (FSY-LB) [POSTPONED]

b.  Application No. 5-10-107 (Williams, Laguna Beach) Application of Grif Williams to demolish single family home and construct new 4,140 sq.ft., 3-level, 25-ft. high above natural grade, 30-ft. high above finished grade, single family home with attached 652 sq.ft., 2-car garage on bluff top lot, at 14 South La Senda, Laguna Beach, Orange County. (MV-LB)

c.  Application No. 5-10-110 (T- Mobile West Corp., Newport Beach) Application of T- Mobile West Corp. to remove concrete light pole and place new replacement steel light pole with mounted wireless antennas, underground vault, vent stacks, and 2 electrical meters within public right-of-way adjacent to Irvine Ave, near intersection of Irvine Ave., and Private Road, located near Upper Newport Bay Regional Park, Newport Beach, Orange County. (JDA-LB)
 Motion and  Vote
 
d.  Application No. 5-10-125 (Yeskin, Staver, Schneider, Fakouri & Grewe, San Clemente) Application of David Yeskin, Rachel Staver, Mark Schneider, Hadi Fakouri & Catherine Grewe for lot line adjustment to reconfigure 5 existing lots, stabilize landslide using series of caissons & shear pins, construct new public accessway to new viewpoint, & construct new public access corridor to new beach access, with corresponding offers-to-dedicate easements, grade lots and construct 5 single family homes, one on each lot, ranging in size from 2,854 sq.ft. to 6229 sq.ft., and ranging in height from approximately 31’ to 45’, plus landscaping, at La Rambla/Boca Del Canon (lot 7 (323 La Rambla), Lot 8 (325 La Rambla), & Lots 9-11, Tract 4947), San Clemente, Orange County. (KFS-LB)
 Public Comment on Item
 
 Return to Commission
 
 Motion and  Vote
 
 Motion and Vote
 
 Return from Break
 
e.  Application No. 5-11-011 (Shea Homes, Huntington Beach) Application of Shea Homes for Geotechnical investigation, with archaeological and Native American monitoring, within proposed alignment of future vegetated flood protection feature (VFPF) to support future Parkside residential project. A portion of the alignment lies within archaeological site CA-ORA-83/86/144 located at 17301 Graham Street, West of Graham, North of Wintersburg Channel, Huntington Beach, Orange County. (TH-LB)
 Motion And  Vote

 General Public Comment

 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)
Hyman et al. v. CCC (Crosby, RPI), Govt. Code §11126(e)(2)(A)
Kretowicz v. CCC, Govt. Code §11126(e)(2)(A)
Loynes, LLC et al. v. CCC, Govt. Code §11126(e)(2)(A)
Malibu Colony Neighbors Alliance et al. v. CCC (Cal. Dept of Parks & Recreation, RPI), Govt. Code §11126(e)(2)(A)
Save the Park v. CCC (Colmer, RPI), Govt. Code §11126(e)(2)(A)
Wetlands Defense Fund et al. v. CCC (Cal. Dept of Parks & Recreation et al., RPI), Govt. Code §11126(e)(2)(A)
Yandow et al. v. CCC, Govt. Code §11126(e)(2)(A)
Laguna Terrace Park LLC v. 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).

 Closed Session Report
15.  APPROVAL OF MINUTES. [Draft June 2010  and January 2011 Minutes]

 Motion and Vote
16.  COMMISSIONERS' REPORTS.

17.  CONSERVANCY REPORT.

18.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

19.  DEPUTY ATTORNEY GENERAL'S REPORT.

20.  EXECUTIVE DIRECTOR’S REPORT including reports and possible Commission action on legislation and water quality.

a.  Public Education Grants. Public hearing and action on proposed competitive grant awards from sales of the Whale Tail License Plate. (CP & SBL - SF)

 
 Motion and  Vote