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9:00 A.M.

WEDNESDAY, MARCH 9, 2011

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 (LOS ANGELES COUNTY)

4.  ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-16 (Gath, Long Beach) Application of Janice K. Gath to remove and replace private double U-shaped dock float and pier in same location and no new piles, at 255 Bay Shore, Long Beach, Los Angeles County. (CP-LB)

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

a. Application No. 5-10-146 (Jarvis, Santa Monica) Application of David Jarvis to demolish 1-story, 520 sq.ft. commercial building and construct 2-story, 1,274 sq.ft. commercial building with retail on ground floor and office space on second floor, with no on-site parking, at 2428 Main Street, Santa Monica, Los Angeles County. (AP-LB)

b. Application No. 5-10-275 (City of Redondo Beach) Application of City of Redondo Beach to construct and add to existing wooden transient vessel dock consisting of wooden floating dock, 2 concrete piles, and solar powered signal lights, near Seaside Lagoon Park on Portofino Way, adjacent to Seaside Lagoon Park on Portofino Way, Redondo Beach, Los Angeles County. (JDA-LB)

c. Application No. 5-11-001 (Rudolph, Pacific Palisades) Application of CJ Rudolph to demolish 3,420 sq.ft. single family home and garage and construct 6,554 sq.ft. single-family home with basement and 700 sq.ft. detached garage, at 356 N. Grenola Street, Pacific Palisades, Los Angeles County. (AP-LB)

SOUTH COAST DISTRICT (Orange County)

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

a. Application No. 5-10-266 (Mazzo, Laguna Beach) Application of James & Kelly Mazzo to demolish existing single family home and construct new 6,906 sq.ft., 15 ft.-high (above finished grade), 2 level (including 1781 sq.ft. basement) with attached, lower level, 979 sq.ft., 3 car (including 1 set of tandem spaces) garage. Excavation of 2,018 cu.yds. of cut, with 118 cu.yds. of fill, for a total amount of 1900 cu.yds. of export, in Irvine Cove at 2576 Monaco Drive, Laguna Beach, Orange County, at 2576 Monaco Drive, Laguna Beach, Orange County. (MV-LB)

SOUTH COAST DISTRICT (Orange County)

7.  DEPUTY DIRECTORS' REPORT FOR LOS ANGELES AND ORANGE COUNTIES. 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.

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

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

a. City Of Laguna Beach LCP Amendment No. LGB-MAJ-1-11 (Hazards & Nonconforming Structures & Other Title 25 Changes). Time Extension. Public hearing and action on extension of time limit to act on request by City Of Laguna Beach to amend the Implementation Plan to change grading/construction material hauling hours, modify threshold for development requiring design review, modify design review noticing requirements, exempt elevator shafts from floor area calculation, allow development on nonconforming lots and additions to legal nonconforming structures without a variance; establish/clarify what constitutes a ‘major remodel’ and redefine the term ‘kitchen’; update the floodplain/hazards ordinance; update residential development guidelines; and revise City hedge height claim process, Laguna Beach, Orange County. (KFS/MV-LB) - POSTPONED

9. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-5-LGB-11-31 (Laguna Terrace Park, Orange Co.) Appeal by Commissioners Sanchez & Stone, Paul R. Esslinger & Penny Elia, Sierra Club Save Hobo Aliso Task Force, of decision by City of Laguna Beach to grant permit to Laguna Terrace Park LLC & Ohana Laguna Reef LLC for lot Line adjustment 10-08 to transfer an existing 17-space parking lot area from a larger lot located at 30802 Coast Highway to approximately 0.828 acre property located at 30806 Coast Highway, which also effectively divides approximately 45.65 acre area from an adjacent undeveloped area of land, at 30802 & 30806 Coast Highway, Laguna Beach, Orange County. (KFS-LB)

10. 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.

[An addendum has been appended to the staff report for item 10a below on March 3.]

a. Application No. 5-09-209 (Orange County Public Works, Huntington Beach) Application of Orange County Public Works for improvements and repairs to East Garden Grove Wintersburg flood control channel (CO5) from Graham Street downstream to the tidegates. Project includes: (a) converting existing trapezoidal channel to rectangular channel with sheet pile sides, expanding soft bottom area (to occur from Graham downstream to the bridge near Slater pump station); (b) soil mix columns sandwiched between 2 rows of sheet piles on south levee downstream of Graham Street to just downstream of Bates Circle; (c) buttress fill and backside sheet pile toe protection on south levee from just below Bates Circle to just past oil road; (d) side slope rip-rap revetment repair on interior levee sides from just downstream of Bates Circle to tidegates on south levee and from end of emergency sheet piles to tide gates on north levee; (e) notched retaining walls to accommodate existing utility lines on both sides of channel where Graham Street crosses channel; and (f) public trail along top of south levee beginning just downstream of Bates Circle accessed via new ramp southwest of existing residences along Bates Circle, at East Garden Grove Wintersburg Flood Control Channel (CO5), downstream of Graham Ave. to the floodgates, Huntington Beach, Orange County. (MV-LB)
 Motion and Vote

[An addendum has been appended to the staff report for item 10b below on March 3.]

b.  Application No. 5-10-298 (AERIE, Newport Beach) Application of Advanced Group 99-D, a California Limited Partnership to demolish 13,688 sq.ft., 4-level, 14-unit apartment while retaining on-grade stairway on bluff face, demolish 2,810 sq.ft. single-family home and construct new 51,177 sq.ft., 7-unit, 32-feet tall, 5-level condominium structure (4 levels above grade and 1 basement level), common amenities including a fitness facility, meeting room, patio, pool and spa, hardscape and landscape improvements, 18 parking spaces, grading consisting of 11,460 cu.yds. of cut; demolish 2-slip floating dock structure and replace with new 7-slip floating dock and guest side-tie; lot line adjustment to merge 2 lots and portion of third lot into single 61,284 sq.ft. lot for residential purposes; and tentative tract map to combine 584 sq.ft. portion of 101 Bayside Place with parcels identified as 201-205 Carnation Avenue and to subdivide air space for 7 residential condominium units, at 201-205 & 207 Carnation Ave & 101 Bayside Place (Corona Del Mar), Newport Beach, Orange County. (LR-LB)
 Motion and  Vote

11. 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. 5-05-459-A (Gertminian, Laguna Beach) Request by Dennis & Suzi Gertminian to extend existing 29.85 ft.-long property line/retaining wall seaward by a distance of 27.5 feet through construction of new wall ranging in height from 4 feet to 4 feet, 11 inches, along a private beach access stairway adjacent to 19 Bay Drive, at 19 Bay Drive, Laguna Beach, Orange County. (JDA-LB)
 Motion and Vote

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

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

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

a. City of Carlsbad LCP Amendment No. 4-09A (Non-Conforming Buildings and Uses). Public hearing and action on request by the City of Carlsbad to amend several chapters of its certified Implementation Plan (IP), including replacing Chapter 21.48 – Nonconforming Building and Uses in its entirety, and amending other relevant chapters to encourage the rehabilitation of nonconforming buildings and uses. (TR-SD) - WITHDRAWN

b.  City of Encinitas LCP Amendment No. 5-10 (Affordable Housing) Time Extension. Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by the City of Encinitas to amend its certified Implementation Plan to revise its citywide housing regulations. (DNL-SD)
 Motion and Vote
 
c.  City of Del Mar LCP Amendment No. 1-11 (Wetland Setbacks) Time Extension. Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by the City of Del Mar to amend its certified Implementation Plan to revise the Lagoon Overlay Zone regarding possible reductions in wetland setbacks. (DNL-SD)
 Motion and Vote
 
d.  City of San Diego LCP Amendment No. 3-10 (Mission Beach PDO Update) Time Extension. Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by the City of San Diego to amend its certified Implementation Plan to revise the Mission Beach Planned District Ordinance (PDO). (DNL-SD)
 Motion and Vote

15. NEW APPEALS. See AGENDA CATEGORIES.

a.  A-6-OCN-11-7 (Dillon, Oceanside, San Diego Co.) Appeal by Jim & Nancy Bailey from decision of City of Oceanside granting permit with conditions to Kim Dillon for construction of 232 sq.ft. elevated open deck addition on western side of existing home on a 3,750 sq.ft. ocean fronting lot, at 1011 South Pacific Street, Oceanside, San Diego County. (TR-SD)
 Motion and Vote

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. 6-10-67 (California State Parks Torrey Pines trail improvement, San Diego) Application of California State Parks, San Diego Coast District to modify approx. 1.5 miles of trail routes at Torrey Pines State Natural Reserve to include: addition of ADA accessible trail segments, reconfiguration of existing paved road to accommodate improved pedestrian route, trail improvements to reduce erosion, and grading/fill to level existing trail sections, at 12201 Torrey Pines Park Road, Torrey Pines, San Diego, San Diego County. (MA-SD)

b. Application No. 6-10-84 (22nd District Agricultural Association, San Diego) Application of 22nd District Agricultural Assoc. to install 6,650 sq.ft. fabric tent structure to accommodate existing golf related uses; install approximately 1,500 sq.ft. pre-fabricated structure for golf training; install practice putting greens, sand bunkers, safety netting & two 20 ft.-high light posts; continued use of existing 13,500 sq.ft. fabric tent structure for youth volleyball activities & special events; and after the fact request for swimming school, swimming pool, and associated 2,500 sq.ft. fabric tent, at Del Mar Fairgrounds “Surf & Turf” facility, at 15555 Jimmy Durante Blvd., San Diego, San Diego County. (ES-SD) - POSTPONED

SOUTH COAST DISTRICT (Los Angeles County)

17. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-5-PPL-11-28 (Dolbinski, Los Angeles Co.) Appeal by Gerald B. Kagan from decision of City of Los Angeles granting permit to Robert Dolbinski for construction of 3-story, 1,966 sq.ft. single-family home on vacant 3,170 sq.ft. lot, at 375 North-East Rustic and 370 North Vance Street, Brentwood-Pacific Palisades, Los Angeles County. (CP-LB)

18. REVISED FINDINGS.

[An addendum has been appended to the staff report for item 18a below on March 3.]

a.  Appeal No. A-5-LOB-10-15 (Loynes, LLC, Long Beach) Revised Findings for approval with conditions of a coastal development permit application to import 1,000 cu.yds. of soil to re-establish and maintain cap over existing landfill (in response to Commission’s Emergency Permit 5-09-068-G), and weed abatement and remediation, at 6400 Loynes Drive, Long Beach, Los Angeles County. (CP-LB)

SOUTH CENTRAL COAST DISTRICT

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 Ventura office at (805) 585-1800.

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

a. Application No. 4-09-037 (Anderson, Los Angeles Co.) Application of Dave Anderson for after-the-fact creation of subject parcel and construct 3-story, 29 ft.-high, 3,974 sq.ft. single-family home with 560 sq.ft. attached 3-car garage, decks, driveway, septic system, retaining walls, and 757 cu.yds. of grading (247 cu.yds. of cut, 510 cu.yds. of fill, and 263 cu.yds. of import) at 2127 Las Flores Canyon Road, Santa Monica Mountains, Los Angeles County. (KB-V)

b. Application No. 4-10-066 (City of Santa Barbara Waterfront Department) Application of City of Santa Barbara Waterfront Dept. to Implement comprehensive ten-year sediment management program involving dredging and beach nourishment (conducted on an as-needed basis with a maximum of 500,000 cu.yds. of material to be dredged annually and a maximum ten-year volume limit of 5,000,000 cu.yds.), beach grooming, installation of lifeguard towers, and maintenance of storm drain outlets at harbor and waterfront area, including Leadbetter Beach, West Beach, and East Beach, City of Santa Barbara, Santa Barbara County. (JJ-V)

21. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-4-STB-11-005 (Agua Azul Partnership, Santa Barbara Co.) Appeal by Commissioners Wan and Sanchez from decision of the County of Santa Barbara granting permit for construction of new 2,739 sq.ft., 28 ft.-high single-family home, attached 770 sq.ft. garage, and 1,149 sq.ft. of patios and decks, detached approximately 800 sq.ft., 19 ft.-high guest house with 1,112 sq.ft. of patios and decks, attached 340 sq.ft. garage and 240 sq.ft. workshop, a 120 sq.ft. shed, 2 water tanks (5,000 gallon tank and 7,500 gallon tank), access road improvements, private septic systems, and 1,360 cu.yds. grading (680 cu.yds. cut and 680 cu.yds fill) located on Parcel 80, Hollister Ranch, Santa Barbara County. (AT-V) - POSTPONED

22. 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. 4-10-005 (Third District Parklands LLC, Los Angeles Co.) Application of Third District Parkland LLC to construct new 40 ft.-wide, 10 ft.-high gate located along unimproved portion of Castro Motorway, with 50-ft. of 6 ft.-high chain link fence extending north and south from gate, Castro Motorway, Santa Monica Mountains, Los Angeles County. (DC-V) - POSTPONED

[An addendum has been appended to the staff report for item 22b below on March 3.]

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

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

23.  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.

24. 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 Road, Petaluma, Marin County. (CT-SF)

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 Road, Petaluma, Marin County. (CT-SF)

25. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. 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)
 Motion and  Vote

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

Bay Island Club v. CCC , Govt. Code § 11126(e)(2)(A)
Catanzarite v. City of Newport Beach, CCC , Govt. Code § 11126(e)(2)(A)
City of Los Angeles v. CCC , Govt. Code § 11126(e)(2)(A)
Coalition for Low Income Housing v. CCC, Govt. Code § 11126(3)(2)(A)
Frank v. CCC , Govt. Code § 11126(e)(2)(A)
Arnold Land Co. LLC v. CCC , Govt. Code § 11126(e)(2)(A)
Baltimore Land Co. LLC v. CCC , Govt. Code § 11126(e)(2)(A)
Fiery et al. v. Dept. of Fish & Game et al. , Govt. Code § 11126(e)(2)(A)
Hyman et al. v. CCC (Crosby, RPI) , Govt. Code § 11126(e)(2)(A)
Laguna Terrace Park LLC v. CCC , Govt. Code § 11126(e)(2)(A)
Loynes et al. v. CCC , Govt. Code § 11126(e)(2)(A)
Malibu Colony Neighbors Alliance et al. v. CCC (Cal. Dep’t 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. Dep’t of Parks & Recreation et al., RPI) , 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 reports and possible Commission action on legislation and water quality.

a.  2012 Meeting Dates and Locations. (PD-SF)

b.  Courier Service Contract. Public hearing and action by Commission authorizing Executive Director to enter into contract for courier services for pouch and package delivery service between Commission offices and to and from Commission meeting sites. (SH-SF)

 Motion and Vote
c.  Briefings and/or Workshops Topics For Discussion. Commission discussion and possible action for schedule of future Commission briefings and/or workshops. (PD-SF