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AUGUST 2011 DRAFT AGENDA

WATSONVILLE CITY HALL CITY COUNCIL CHAMBERS
    275 MAIN STREET
    WATSONVILLE, CA 95076
    (831) 588-4112


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

9:00 A.M

WEDNESDAY, AUGUST 10, 2011

1.  CALL TO ORDER.

2.  ROLL CALL.

DIRECTOR PETER DOUGLAS'S SPEECH TO COMMISSION

STATEWIDE

3.  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.

SOUTH COAST DISTRICT (LOS ANGELES COUNTY]

4.  CONSENT CALENDAR See AGENDA CATEGORIES.  Motion and Vote

a. Application No. 5-10-52 (Los Angeles County, Dept. of Public Works) Application of County of Los Angeles, Dept. of Public Works to repave and realign sections of Marvin Braude Bike Trail, totaling 1.71 miles of improvements, at Playa Del Rey, Los Angeles County. (JDA-LB)

SOUTH COAST DISTRICT (ORANGE COUNTY)

5.  ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-124 (Prajin, Huntington Beach) Application of George Prajin to construct new deck cantilevered 5 feet beyond bulkhead and 29 feet in length including 42-in. high pilaster and glass railing along perimeter of new cantilevered deck and replace wrought iron railing along second, existing cantilevered deck with new 42-in. high pilaster and glass railing. The glass will be etched to avoid bird strikes, at 4001 Figaro Circle, Huntington Beach, Orange County. (MV-LB)

b. Application No. 5-11-153 (Boucher, Huntington Beach) Application of Mr. & Mrs. Alan Boucher to replace 8-ft. high glass windscreen with new 5-ft. high glass windscreen along perimeter of existing 48 ft. long deck cantilevered 5 feet beyond bulkhead. The glass will be etched to avoid bird strikes, at 16861 Marina Bay Drive, Huntington Beach, Orange County. (MV-LB)

6.  CONSENT CALENDAR. See AGENDA CATEGORIES Motion and Vote

[Additional correspondence received has been added to the staff report for item 6a below on August 3.]

a.  Application No. 5-11-73 (Balboa Performing Arts Theater Foundation, Newport Beach) Application of Balboa Performing Arts Theater Foundation to remodel and add to theater. The facade will be retained and restored, and a second floor, plus roof deck with tower and rooftop mechanical equipment will be added to building increasing existing height of building to 45ft-6in with roof top projections up to 55 feet. Reduce seating from 450 to 325 seats. Prohibit weekend matinee performances during summer between Memorial Day and Labor Day to address parking issues. No landscaping is proposed, at 707 E. Balboa Blvd., Newport Beach, Orange County. (FSY-LB)

b. Application No. 5-11-113 (Kassel, Newport Beach) Application of Mr. & Mrs. Daniel Kassel to construct new 3,429 sq.ft., 2-story, 29-feet high single-family home including attached 2-car garage, 162 sq.ft. balcony deck, hardscape improvements including 15’ deep by 30’ wide interlocking paver patio and 3’ tall perimeter block wall within City’s oceanfront encroachment area, no landscaping and minimal grading for site preparation on 2,475 sq.ft. beachfront lot, at 5705 Seashore Drive, Newport Beach, Orange County. (LR-LB)

c. Application No. 5-10-62 (Mid-Cal Pacific Development Corp., San Clemente) Application of Mid-Cal Pacific Development Corp. to remove concrete and brick debris on coastal bluff and revegetate with native vegetation, install new fence and remove section of unpermitted fence adjacent to public stairway, at 1013 Buena Vista, San Clemente, Orange County. (JDA-LB)

d. Application No. 5-10-259 (White, San Clemente) Application of John White for new raised patio area using caisson and grade beam foundation, at 319 West Avenida Valencia, San Clemente, Orange County. (JDA-LB)

e. Application No. 5-11-044 (Anvari, San Clemente) Application of Mr. and Mrs. Anthony Anvari for the demolition of an existing single-story pool house and pool and construction of a new two-story, 5, 953 sq. ft., 25’ tall, single-family residence including attached 3-car garages, hardscape improvements including new bluff-side paved patio, fountain/water feature, outdoor barbeque, new perimeter walls, landscaping and shear pin foundation system beneath the proposed residence on a 12,160 sq. ft. bluff lot, at 35555 Camino Capistrano, San Clemente, Orange County. (LR-LB)

SAN DIEGO DISTRICT

7.  CONSENT CALENDAR. See AGENDA CATEGORIES Motion and Vote

a.  Application No. 6-11-44 (San Diego/Mission Beach Lifeguard Station Replacement) Application of City of San Diego, Engineering & Capital Projects Department, to demolish 30-ft. high, 897 sq.ft. lifeguard station and construct 3-story, 30-ft. high, 3,125 sq.ft. lifeguard station including buried sheetpile seawall, observation tower, first-aid room, reception area, enclosed 580 sq.ft. parking/storage area and restrooms, on public beach, at 700 N. Jetty Road, Mission Beach, San Diego, San Diego County. (MA-SD)

SOUTH CENTRAL COAST DISTRICT

8.  CONSENT CALENDAR. See AGENDA CATEGORIES Motion and Vote

a. University of California Santa Barbara Notice of Impending Development De Minimis No. 1-11 (Harder Stadium West Open Space Enhancement Project) Public hearing and action on Notice of Impending Development by the University of California, Santa Barbara for restoration of an approximately 19,000 sq.ft. area, including removal of approximately 50 non-native trees and vegetation, replacement with 45-50 native trees and other native plants, and installation of a temporary irrigation system, located in the southeast corner of the East Storke wetland area of Storke Campus at the University of California, Santa Barbara, Santa Barbara County. (KB-V)

SOUTH COAST DISTRICT (ORANGE COUNTY)

9.  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.

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

11. 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.

[Addenda appended to the staff reports for items 11a and 11b below have been posted on August 8.]

a.  Application No. 5-10-163 (Harris & Pitt, San Clemente) Application of Jeanne Harris & Cheryl Pitt for new 4,769 sq.ft. mixed use development consisting of 2 residential units and 1 ground floor commercial space, and 477 cu.yds. of grading, on vacant lot, at 614 Avenida Victoria, San Clemente, Orange County. (JDA-LB)
 Motion and  Vote
 
b.  Application No. 5-10-238 (City of Newport Beach) Application of City of Newport Beach for sedimentation control project consisting of installation of 3 stepped gabion grade control structures, 2 sub surface flow wetlands, and 5 bendway wiers, revegetation with native plants, and 10,000 cu.yds. of balanced cut and fill, at Buck Gully Canyon, Newport Beach, Orange County. (JDA-LB)
 Motion and  Vote
 
c.  Application No. 5-11-019 (Hogan, Newport Beach) Application of Roger and Cathie Hogan to demolish single-story single-family home and construct new single-story plus semi-subterranean level, 15’ tall, 8,457 sq. ft. single-family home including attached 4-car garages, grading consisting of 2,567 cu.yds. cut for proposed semi-subterranean level, hardscape improvements including new bluff-side paved patio, new spa and landscaping improvements and request for after-the-fact approval of non-conforming and unpermitted steps to graded seating area on coastal bluff face on 19,265 sq.ft. bluff lot, at 4639 Brighton Road, Newport Beach, Orange County. (LR-LB)
 Motion and Vote

d.  Application No. 5-11-106 (Hernandez, Huntington Beach) Application of Christopher Hernandez to repair seawall/bulkhead which includes: installation of 7/16 in. thick carbon fiber reinforced vinyl ester resin panels (sheet pile) along toe of existing seawall footing across 50-ft. width of property, installation of a total of 13, 2-in. square interlocks to connect panels, inject grout into voids beneath footing and around wood piles supporting seawall. Remove existing concrete over-pour along toe of footing to allow installation of panels to be flush with vertical face of existing seawall footing and to restore 10.83 sq. feet of soft bottom to mitigate 2.71 sq. feet of soft bottom that will be impacted by the installation of the panels; at 16812 Baruna Lane, Huntington Beach, Orange County. (MV-LB)

e.  Application No. 5-11-50 (Poleshuk, Newport Beach) Application of Mr. Stephen Poleshuk for construction of a standard 6’ x 4’ 6” pier platform and steps per City standards composed of pressure treated Douglas fir and trex composite deck materials along a public bulkhead for access into the Grand Canal public waterway, at 319 Grand Canal, Newport Beach, Orange County. (LR-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.

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

a.  City of San Diego LCP Amendment No. 1-10 (Voluntary Accessibility Program). Public hearing and action on request by the City of San Diego to amend its certified Implementation Plan/Land Development Code to encourage the provision of accessible design in new residential development. (DNL-SD) [WITHDRAWN]

15. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-6-ENC-11-21 (Sorich, Encinitas) Appeal by Commissioners Shallenberger & Stone from decision of City of Encinitas granting permit with conditions to Richard Sorich for reinforcement and encasement of, with colored shotcrete, below grade upper bluff caisson retention system that has become exposed, including planting of entire midbluff and temporary irrigation, on coastal bluff face, at 816 Neptune Avenue, Encinitas, San Diego County. (ES-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. 6-11-32 (UCSD, San Diego) Application of the University of California, San Diego, for interior and exterior rehabilitation of 12,161 sq.ft. historic Chancellor's House located on 6.1-ac. inland hillside lot to include removal of 329 sq.ft., replacement and rehabilitation of degraded exterior patio areas, landscape improvements, upgrade of drainage facilities, replacement/resurfacing of westward sloping roof area, fill of exterior pool area, and reconfiguration of various interior walls and living spaces, resulting in 11,832 sq.ft. structure. Installation of 100-ft. long and 13-ft. high (above grade) retaining wall along portion of inland hillside bordering existing residence, at 9630 La Jolla Farms Road, La Jolla, San Diego, San Diego County. (MA-SD)
 Motion and Vote

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. 6-02-8-A (Pacific Coast Grill, Encinitas) Request by Pacific Coast Grill to amend permit for improvements to 5,850 sq.ft. beach-front restaurant to add 344 sq. ft. of floor area by enclosing small roof area, add new second level 620 sq.ft. outdoor dining deck, install a 9-ft. high wood trellis over existing outdoor patio, and replace windows, on 19,500 sq.ft. site, at 2526 S. Highway 101, Cardiff, Encinitas, San Diego County. (ES-SD)
 Motion and Vote
 
Amending  Motion and  Vote
 
b.  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 and 1520 Neptune Ave., Encinitas, San Diego County. (ND-SD)
 Motion and  Vote
 
Amending  Motion and  Vote

SOUTH COAST DISTRICT (LOS ANGELES COUNTY)

18.  DEPUTY DIRECTOR’S REPORT FOR LOS ANGELES 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.

a.  Port of Los Angeles PLA-MAJ-26-11. (Port Master Plan Amendment No. 26). Certification Review. Concurrence with Executive Director's determination that action by Port of Los Angeles, accepting certification of PLA-MAJ-26-11 with modifications, is legally adequate. (AP-LB)
 Motion and Vote
19.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
 Motion and  Vote

20. 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. 5-11-125 (McCarthy and Singer, Pacific Palisades) Application of Darrach McCarthy and Lucia Singer to demolish single family home and construct new, 33.5-ft. high, 4600 sq.ft. single family home, at 160 N. Ocean Way, Pacific Palisades, Los Angeles County. (JDA-LB) [POSTPONED]

b.  Application No. 5-11-137 (301 Ocean Development LLC c/o Trammell Crow Co., Santa Monica) Application of 301 Ocean Devt. LLC c/o Trammell Crow Co. to demolish 47 unit apartment complex and construct 4-story, 45-ft. high, 20 unit condominium complex, with 45 parking spaces within 2 subterranean parking levels, and 35,000 cubic yards of excavation,  at 301 Ocean Ave, Santa Monica, Los Angeles County. (AP-LB)

[Items 20c and 20d below share a single, combined staff report.]

c.  Appeal No. A-5-VEN-11-149 (G & M Weisenfeld Properties, Los Angeles) Appeal by Coastal Commission Executive Director from decision of City of Los Angeles granting permit with conditions to permit seven dwelling units in existing residential building with seven on-site parking spaces, at 14 Jib Street, Venice, Los Angeles, Los Angeles County. (CP-LB)

d.  Application No. 5-11-155 (G & M Weisenfeld Properties, Marina Del Rey) Application of G & M Weisenfeld Properties to permit seven dwelling units in existing residential building with seven on-site parking spaces, at 14 Jib Street, Venice, Los Angeles County. (CP-LB)

SOUTH CENTRAL COAST DISTRICT

21.  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.

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

23. PUBLIC WORKS PLAN.

a.  Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 1-11 (Peninsula Yacht Anchorage Marina). Public hearing and action on notice of impending development by Channel Islands Harbor to replace 201 boat slips with 179 new slips ranging in size from 19 feet to 80 ft. long, demolish and replace dock infrastructure, including placement of new piers, abutments, and gangways, new dock boxes, and electrical utility systems located at 3700 Peninsula Road, Oxnard, Ventura County (AT-V)

24. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-4-MAL-11-037 (Marine, Los Angeles Co.) Appeal by Commissioners Shallenberger and Brennan from decision of City of Malibu granting permit to Jeff Marine for demolition of existing 1,943 sq. ft. single-family home, spa, partial demolition of most seaward portion of deck, construction of new 6,271 sq.ft. single-family home with attached garage, new swimming pool, spa, firepit, outdoor barbeque, hardscape, and new alternative wastewater treatment system, new foundation system consisting of grade beams and 24 piles, 10-ft. wide view corridor, and stringline modification request to use alternate deck stringline, at 31260 Broad Beach Road, Malibu, Los Angeles County. (DC-V) [POSTPONED]

25. 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. 4-10-113 (Santa Barbara County Flood Control District) Application of Santa Barbara County Flood Control District for annual desilting program for five years to remove up to 250,000 cu.yds. of sediment per year from lower Atascadero Creek, San Jose Creek, San Pedro Creek & main channel of Goleta Slough and place suitable excavated material in surfzone at Goleta Beach County Park, Goleta, Santa Barbara County. (AT-V) [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:

CCC v. Allen Govt. Code §11126(e)(2)(A).
          Citizens Against Flower Hill’s Excessive Expansion v. City of San Diego (Protea Holdings LLC et al., RPI) Govt. Code §11126(e)(2)(A).
          City of Dana Point v. CCC (Headlands Reserve LLC, RPI) Govt. Code §11126(e)(2)(A).
          Norberg v. CCC et al. 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).
          Surfrider Foundation v. City of Dana Point (Headlands Reserve LLC, RPI) Govt. Code §11126(e)(2)(A).
          T-Mobile West Corp. v. CCC Govt. Code §11126(e)(2)(A).
          Catanzarite v. City of Newport Beach, 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).

 Report from Closed Session

26. APPROVAL OF MINUTES.

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. SB833 (Vargas). Discussion and possible Commission action on proposed legislation.

COMMISSION FIELD TRIP

32.  COMMISSION FIELD TRIP. The Commission will take a field trip to view the La Bahia at 215 Beach Street in the City of Santa Cruz at the conclusion of the meeting on Wednesday, August 10, 2011. The Commission will reconvene at 9:00 AM Thursday August 11, 2011. Members of the public are welcome to meet the Commission at the La Bahia site approximately 45-50 minutes after the conclusion of the meeting on Wednesday. For more information please call the Commission’s Santa Cruz District office at (831) 427-4863.