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JUNE 2011 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.

8:00 A.M.

WEDNESDAY, June 15, 2011

1.  CALL TO ORDER.

2.  ROLL CALL.

STATEWIDE

3.  ELECTION OF OFFICERS. Commission consideration and possible vote on the election of officers and representatives to the Santa Monica Mountains Conservancy and the Santa Monica Bay Restoration Commission.
 
 Motion and  Vote
 
 Motion and  Vote

4.  COASTAL ACT OVERVIEW: Brief Coastal Act overview, between 8:00 am and 9:00 am by staff relative to coastal hazards, environmentally sensitive habitat areas, and local coastal programs. Time permitting, commission questions and discussion may be followed by public comment, if any.

5.  GENERAL PUBLIC COMMENT. Public comments will be heard at 9:00 am for items not on the agenda, for no more than 30 minutes. For those unable to attend the early comment period, there will be a second comment period prior to the lunch break.

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).
CCC v. Allen Govt. Code § 11126(e)(2)(A).
City of Dana Point v. CCC (Headlands Reserve LLC, RPI) 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).
Laguna Terrace Park LLC v. CCC Govt. Code § 11126(e)(2)(A).
Protect Our Village v. CCC et al. (City of Santa Barbara et al., RPI) Govt. Code § 11126(e)(2)(A).
Ross v. CCC et al. (Malibu Bay Co., RPI) Govt. Code § 11126(e)(2)(A).
Sterling v. CCC 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).
Manchester Pacific Gateway 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).

SOUTH COAST DISTRICT (ORANGE COUNTY)

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

a. Application No. 5-11-2 (Pritt, Newport Beach) Application of Frank W. Pritt to demolish 2-car garage, patios and decks, and construct new 3,109 sq. ft. single family home on beachfront lot, 250 cu.yds. cut/fill, and patio improvements in encroachment area, at 1117 E. Balboa, Newport Beach, Orange County. (JDA-LB)

SOUTH COAST DISTRICT (Orange County)

7.  DEPUTY DIRECTOR’S REPORT FOR ORANGE COUNTY. 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.

 Motion and Vote
 
9. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.
a.  City of Newport Beach LCP Amendment No. NPB-MAJ-1-10 (Beauchamp, Newport Beach). Public hearing and action on request by City of Newport Beach to amend the certified LUP by changing the LUP designation of a site composed of six privately owned lots developed with tennis courts from PR (Parks and Recreation) to RSD-B (Single-Unit Residential Detached) at 2000-2016 East Balboa Boulevard, Newport Beach (Orange County). (FSY-LB)

 
 Motion and Vote

b.  City of Huntington Beach LCP Amendment No. HNB-MAJ-1-10 (Downtown Specific Plan Update). Public hearing and action on request by City of Huntington Beach to amend both the Land Use Plan (LUP) and Implementation Plan (IP) portions of the certified Local Coastal Program (LCP) by amending the LUP to reflect the changes proposed within the Downtown Specific Plan (DSP) area; and, amending the IP by deleting the existing certified DSP in its entirety and replacing it with the proposed DSP. Major changes proposed to the DSP include renumbering and combining Districts within the DSP, retaining the existing lower parking standard while eliminating the limit on development allowed to use the reduced parking standard, an increase in allowable development square footage and residential density, an increase in allowable height limits. (MV-LB)

 Motion and  Vote
 
 Motion and  Vote
 
 Motion and Vote

 Motion and Vote
 
9.5 NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-LGB-11-134 (Mihaylo, Laguna Beach)  Appeal by Northwood Investors, LLC from decision of City of Laguna Beach granting permit with conditions to Mr. Steven Mihaylo for construction of a 6,837 square foot single family residence, 653 square foot attached three-car garage and 321 square feet of mechanical/storage area, on an oceanfront lot, at 18 Lagunita Dr., Laguna Beach, Orange County. (JDA-LB) [POSTPONED]

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.

a.  Application No. 5-09-202 (Irving X. & Eleanor J. Burg, Burg Family Trust, Newport Beach) Application of Irving X. & Eleanor J. Burg, Burg Family Trust to demolish wood bulkhead/seawall and construct new 47 ft.-long fiberglass bulkhead/seawall (raised to 9.25 ft. MLLW from existing 5.88 ft. MLLW), in same alignment, tied back to new deadman, to protect single-family home and remove and replace patio, at 2301 Bayside Drive, Newport Beach, Orange County. (KFS-LB)

 
 Motion and  Vote

b.  Application No. 5-10-293 (Edward W. Cook III Family Trust, Newport Beach) Application of Edward W. Cook III Family Trust to remove three, 12 in. square concrete piles supporting existing concrete float, and install three new 14-in. square concrete piles in same location. Remove existing 4 ft. x 14 ft. wood pier, 10 ft. x 12 ft. wood pier platform, 3 ft. x 22 ft. wood gangway, and three, 12-in. concrete T-piles. Install new 4 ft. x 20 ft. concrete pier, 3 ft. x 26 ft. wood gangway, 10 ft. x 13 ft. concrete pier platform, and three new16-inch concrete piles, at 527 Via Lido Soud, Newport Beach, Orange County. (JDA-LB)

c.  Application No. 5-10-298 (Advanced Group 99-D (Aerie), Newport Beach) Application of Advanced Group 99-D (Aerie) to demolish 13,688 sq.ft., 4-level, 14-unit apartment and retain on-grade stairway on bluff face, demolish 2,810 sq.ft. single-family home and construct new 51,124 sq.ft., 7-unit, 33 ft.-tall, 5-level condominium structure (3 levels visible from grade/street level and all five levels visible from seaward side), with 18 parking spaces and common amenities including fitness facility, meeting room, patios, pool and spa, hardscape/landscape, grading consisting of 9,810 cu.yds. of cut; lot line adjustment to merge 584 sq.ft. portion of 101 Bayside Place with parcel identified as 201-205 Carnation Ave. and with parcel identified as 207 Carnation Ave. into one single 61,284 sq.ft. lot for residential purposes; and tentative tract map to subdivide air space for seven residential condominium units, at 201-205 & 207 Carnation Ave & 101 Bayside Place (Corona Del Mar), Newport Beach, Orange County. (LR-LB)

 
 Motion and  Vote

d.  Application No. 5-11-006 (Orange County Parks, Dana Point) Application of Orange County Parks for semi-annual outlet maintenance and as-needed minor maintenance consisting of removing sand deposits at end of outlet structures, distributing sand on beach above high tide line, and grading to prepare for recreational use, at Poche Beach and Capistrano Beach Outlet No. 1, Dana Point, Orange County. (FSY-LB)

e. Application No. 5-11-19 (Roger & Cathie Hogan, Newport Beach) Application of Roger & Cathie Hogan to demolish single-story, single family home and construct new single-story plus semi-subterranean level, 15 feet tall, 9690 sq.ft. single-family home with attached 1,058 sq.ft. 4-car garage, grading consisting of 2,567 cu.yds. Cut for proposed semi-subterranean level, hardscape improvements including new bluff-side paved patios, new spa and landscaping improvements, and request for after-the-fact approval of stairs to graded seating area on coastal bluff, at 4639 Brighton Road, Newport Beach, Orange County. (LR-LB)

f. Application No. 5-11-050 (Poleshuk, Newport Beach) Application of Stephen Poleshuk to construct standard 6 ft. x 4 ft. 6 in. deck platform and steps per City standards composed of pressured treated Douglas fir and trex composite deck materials along public bulkhead for access into Grand Canal public waterway, at 319 Grand Canal, Balboa Island, Newport Beach, Orange County. (LR-LB)

g. Application No. 5-11-64 (Yousefi, Laguna Beach) Application of Mr. & Mrs. Nariman Yousefi to demolish 2-story family home, guest house, pool and patios and construct new 2-story plus basement level, 25 feet tall, 9,690 sq.ft. single-family home with attached 925 sq.ft. 3-car garage, grading consisting of 740 cu.yds. cut and 410 cu.yds. fill, 768 sq.ft. covered patio, new pool and landscaping improvements on coastal bluff top lot, at 2695 Riviera Drive, Laguna Beach, Orange County. (LR-LB)

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. 5-10-212-A1 (Laguna Broadway LLC, Laguna Beach) Request by Laguna Broadway LLC for amendment of permit P-10-12-73-1924 to remove special condition requiring public pedestrian stairway from High Drive to subject property and replace requirement with alternative public access improvements, at 580 Broadway, Laguna Beach, Orange County. (JDA-LB)

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. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-6-CII-10-44 (Ocean Park Estates, Carlsbad) Appeal by Commissioners Kruer & Wan from decision of City of Carlsbad granting permit with conditions to Ocean Park Estates to subdivide existing 146 space mobile home park into 146 airspace lots on 14.13 acre lot, at 6550 Ponto Drive, Carlsbad, San Diego County. (TR-SD)

 Motion and  Vote
 
b.  Appeal No. A-6-OCN-11-28 (Stensrud, Oceanside) Appeal by Daniel Matlach from decision of City of Oceanside granting permit with conditions to Thor Stensrud to construct 240 sq.ft. addition and 288 sq.ft. open pergola on upper level of 3,571 sq. ft. home on 6,900 sq. ft. oceanfront lot, at 1705 South Pacific St., Oceanside, San Diego County. (TR-SD)

 Motion and Vote

15. 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. 6-10-031 (Dept. of Boating & Waterways, Coronado) Application of Department of Boating and Waterways to construct new public recreational dock adjacent to existing Crown Cove Aquatic Center, and remove and reconstruct concrete dock access path, at Crown Cove Aquatic Center, 5000 Highway 75, Coronado, San Diego County. (DL-SD)
 
b.  Application No. 6-10-084 (22nd District Agricultural Assoc., San Diego) Application of 22nd District Agricultural Association to place 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 and two 20 ft. high light posts; continued use of 13,500 sq.ft. fabric tent for youth volleyball activities; and after-the-fact request for swimming school 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)

 Motion and  Vote
 
c.  Application No. 6-11-009 (City of San Diego emergency pipeline repair) Application of City of San Diego Public Utilities Department for after-the-fact authorization of emergency underground pipeline repair project in approximately .053 acre upland area of Torrey Pines State Reserve (Los Penasquitos Lagoon), located on the south side of Carmel Valley Road, between Portofino Drive and Caminito Point Del Mar, Torrey Pines, San Diego, San Diego County. (MA-SD)
 
d.  Application No. 6-11-018 (SANDAG, San Diego Co.) Application of San Diego Association of Governments (SANDAG) to place approximately 2.5 million cu.yds. of sand dredged from 3 off-shore borrow sites onto 10 beaches in San Diego area (placement to occur in spring and summer 2012). Preparation of mitigation and monitoring program to assess movement of sand throughout littoral system, and to evaluate and mitigate any potential impacts to biological resources, at beaches in Oceanside, Carlsbad, Encinitas, Solana Beach, San Diego, and Imperial Beach, San Diego County. (ES-SD)

 Motion and  Vote

16. 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 16a and 16b blow share a single, combines staff report.]
 
 Motion and Vote

 Motion Withdrawn
 
 Motion and Vote
 
 Return to Item

a. Permit No. F6760-A6 (Kretowicz, San Diego) Request by Ure and Dianne Kretowicz to amend permit for home addition to delete requirement to record public access easement, pay $3.3 million for public access improvements in La Jolla, and after-the-fact authorization for various improvements to home on blufftop lot, at 7957 Princess Street, La Jolla, San Diego, San Diego County. (LJM-SD)

b. Permit No. A-133-79-A5 (Kretowicz, San Diego) Request by Ure and Dianne Kretowicz to amend permit for home addition to delete requirement to record public access easement, pay $3.3 million for public access improvements in La Jolla and after-the-fact authorization for various improvements to home on blufftop lot, at 7957 Princess Street, La Jolla, San Diego, San Diego County. (LJM-SD)

c.  Permit No. 6-88-464-A2 (Lynch & Frick, Encinitas) Request by Dr. and Mrs. John Lynch & M/M Thomas Frick to amend permit for seawall to remove remaining portion of seawall and construct new, 100 ft.-long, 29 ft.-high, tied-back structural shotcrete seawall, construct geogrid midbluff repairs and replace portion of private access stairway destroyed by bluff collapse, at 1500 & 1520 Neptune Ave., Encinitas, San Diego County. (ND-SD)

 Motion and Vote

17. DISPUTE RESOLUTION.

a.  Permit No. 6-11-34-EDD (Schmidt & Whaler's Rest HOA, et.al., Imperial Beach) Public hearing and Commission determination on dispute over City of Imperial Beach’s decision to require coastal development permit for placement of approximately 75 to 125 (four to five-ton) rocks on private sandy beach area in front of 4-unit condominium at 660-666 Ocean Lane, Imperial Beach, San Diego County. (DL-SD)

 Motion and Vote

STATEWIDE

18.  APPROVAL OF MINUTES.   

19.  COMMISSIONERS' REPORTS.

20.  CONSERVANCY REPORT.

21.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

 Motion and Vote
22.  DEPUTY ATTORNEY GENERAL'S REPORT.
 
23.  EXECUTIVE DIRECTOR’S REPORT including reports and possible Commission action on legislation and water quality.