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November 2011 Agenda

Oceanside City Council Chambers
300 North Coast Hwy.
Oceanside
, CA  92054
(562) 972-9853

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

9:00 a.m.

WEDNESDAY, November 2, 2011

1.  CALL TO ORDER.

2.  ROLL CALL.

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 additional comment time available later in the day.

SOUTH COAST DISTRICT (ORANGE COUNTY)

4.  CONSENT CALENDAR See AGENDA CATEGORIES.    Motion and Vote

a. Application No. 5-11-96 (Beach Front Investment, Newport Beach) Application of Beach Front Investment to demolish single family home and construct new, 29 ft.-high, 4,179 sq.ft. single family home on beachfront lot, at 6400 Ocean Front West, Newport Beach, Orange County. (JDA-LB)

b. Application No. 5-11-179 (Cusumano, Newport Beach) Application of Mr. & Mrs. Roger Cusumano to demolish duplex and construct new, 29 ft.-high, 3372 sq.ft. single family home on beachfront lot, at 4503 Seashore Drive, Newport Beach, Orange County. (JDA-LB)

c. Application No. 5-11-189 (Gugasian, Newport Beach) Application of Mr.& Mrs. Levon Gugasian to demolish 2-story duplex and construct new ocean-fronting 2,817 sq.ft., 29-ft. above finished grade, 3-story single-family home with roof deck and attached 455 sq.ft., 2-car garage. Grading consists of 250 cu.yds. of export to location outside coastal zone. Request for after-the-fact approval of 19 in.-high wall that extends into 10-ft. encroachment zone on public beach, at 4807 Seashore Drive, Newport Beach, Orange County. (FSY-LB)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

5.  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.

6. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

[Additional correspondence received has been appended to the staff report for item 6a below on October 31.]

a.   CD-047-90 (Navy, San Diego) Commission determination on whether the Commission’s 1991 concurrence with the Navy’s Consistency Determination for Broadway Complex, Broadway and Harbor Drive, San Diego, remains valid, and whether the project, which has not yet commenced, remains consistent to the maximum extent practicable with the California Coastal Management Program. (MPD-SF)
 Public Comment on Item
 Return to Staff
 Return to Commission
 Motion and  Vote

b. CD-029-11 (Army Corps, San Clemente) Consistency determination by U.S Army Corps of Engineers for San Clemente shoreline protection project, 50-year beach nourishment program for San Clemente Beach, consisting of initial nourishment on the beach in 2012 of approximately 251,000 cu.yds. of sand dredged from offshore Del Mar Boat Basin, and beach disposal in 3,412 ft. long area centered around San Clemente Pier, San Clemente, Orange County. (MPD-SF) [POSTPONED]

ENFORCEMENT

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

CENTRAL COAST DISTRICT

7.  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 Santa Cruz office at (831) 427-4863.

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

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

a.  Santa Cruz County LCP Amendment No. SCO-1-11 Part 4 (Fences and Walls). Public hearing and action on request by Santa Cruz County to amend LCP provisions related to fences and retaining walls throughout the Santa Cruz County coastal zone. (SC-SC)
 Motion and Vote
 Motion and Vote
 
b.  San Luis Obispo County LCP Amendment No. 1-11 Part 1 (Shelters and Supportive Housing). Public hearing and action on request by San Luis Obispo County to add LCP regulations specific to emergency homeless shelters, transitional housing, and supportive housing throughout the San Luis Obispo County coastal zone. (MC-SC)
 Motion and Vote
 Motion and Vote

NORTH CENTRAL COAST DISTRICT

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 San Francisco office at (415) 904-5260.

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

11.5. NEW APPEALS. See AGENDA CATEGORIES

[Additional correspondence received has been appended to the staff report for item 11.5a below on October 31.]

a.   Appeal No. A-2-SON-11-37 (Bodega Bay Public Utilities District, Sonoma Co.) Appeal by Bodega Bay Concerned Citizens from decision of County of Sonoma granting permit to Bodega Bay Public Utilities District for a 100 ft.-deep municipal water well, transmission piping, and 80 sq.ft. chlorination facility, at 1677, 1681, 1685, 1705, 1707 Bay Flat Road, Bodega Bay, Sonoma County. (RP-SF)

12. 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. 2-11-34 (Joan Levin, Pacifica) Application of Joan Levin to construct a temporary 200-linear-ft., 3,000-ton, 20 ft.-high rock revetment along toe of bluff, at 100 Palmetto Avenue, Pacifica, San Mateo County. (RA-SF) [POSTPONED]

SOUTH COAST DISTRICT (Orange County)

13.  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.

a.  City of Huntington Beach LCP Amendment No. HNB-MAJ-2-10 (Parkside). Certification Review. Concurrence with the Executive Director’s Determination that the action by the City of Huntington Beach, accepting certification of HNB-MAJ-2-10 with modifications is legally adequate. The amendment adds a zoning map with residential and open space uses for the approximately 50 acre area known as the “Parkside” site, as well as zoning text changes that apply throughout the City’s coastal zone. (MV-LB)

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

 Motion and Vote
--
15. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 15a below on October 31.]

a.  City of Dana Point LCP Amendment No. DPT-MAJ-2-10 (Del Obispo).Public hearing and action on request by the City of Dana Point to amend the Local Coastal Plan to: 1) include a new Land Use designation “Residential/Commercial” in the Land Use Element of the General Plan; 2) include a new Zoning Category“Residential Commercial-18 (R/C-18)” in the Zoning Ordinance; and 3) change the designation of an 8.7 acre site at 34202 Del Obispo Street, from “Dana Point Specific Plan-Coastal Recreation Space” to General Plan designation of“Residential/Commercial” and the Zoning Designation of “R/C-18”. (FSY-LB)
 Motion and Vote
 
b.  City of Laguna Beach LCP Amendment No. LGB-MAJ-2-10 (7 Changes).Public hearing and action on request by City of Laguna Beach to amend the certified Implementation Plan to change provisions related to 1) setbacks on split zoned parcels, 2) reasonable accommodation, 3) definitions, 4) the type of local action required for short-term lodging permits, 5) establishing time limits by which requests for disaster replacement authorization must be made, 6) establishes new limitations on the types of local ministerial actions that can be appealed, and 7) new rules related to appeals of design review board denials. The LCPA affects only the Implementation Plan portion of the certified LCP. (MV-LB)
 Motion and  Vote
 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. 5-10-168 (City of Newport Beach Sunset Ridge) Application of City of Newport Beach to construct, on vacant land, active recreational park (Sunset Ridge Park) of approximately 18 acres at northwest corner of intersection of West Coast Highway and Superior Ave, including access road, parking lot, public restroom, playground, sports fields, paths, viewpoint, retaining wall, landscaping, and coastal sage scrub habitat enhancement. Grading consists of approximately 110,000 cu.yds. of cut, and 102,000 cu.yds. of fill, at 4850 West Coast Highway and on portion of Banning Ranch, Newport Beach, Orange County. (JDA-LB)
 Public Comment on Item
 Return to Staff
 Return to Commission
 Motion and Vote
Amending  Motion and  Vote
 Motion and  Vote
 Withdrawl of Application
 
b. Application No. 5-10-258 (Goodell, Huntington Beach) Application of Donald E. Goodell to implement archaeological research plan (ARP) for subsurface investigation of potential cultural resources on property, at east-side of intersection between Brightwater Drive & Bolsa Chica Street, Huntington Beach, Orange County. (TH-LB)

c.  Application No. 5-11-90 (County of Orange Sheriff's Department) Application of Orange County Sheriff’s Department to construct (a) 1-story, 10’x12’x10’prefabricated concrete modular building installed on poured concrete pad; (b) 800 MHz fiberglass "fishing pole" type 10-ft. tall antenna atop 10-ft. steel pole; (c) 4-ft. diameter microwave dish antenna and two, 6-in. diameter GPS antennas mounted on the rooftop of shelter housing electronic equipment; (d) 8-ft. wide, 100-ft. long decomposed granite access road from existing unimproved Park access road; (e) and restore area disturbed during construction on site located 0.5 miles Northeast of Pacific Coast Hwy within Crystal Cove State Park, Orange County. (LR-LB)

 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:

Allen v. Radosevich, CCC, Govt. Code §11126(e)(2)(A)
Catanzarite v. CCC et al., Govt. Code §11126(e)(2)(A)
City and County of San Francisco 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)
Coastal Defender v. City of Manhattan Beach, CCC (MB Dining, LLC et al., RPI), Govt. Code §11126(e)(2)(A)
Kretowicz v. CCC, Govt. Code §11126(e)(2)(A)
Manchester Pacific Gateway, LLC v. CCC, Govt. Code §11126(e)(2)(A)
Mariposa Land Co., Ltd. V. CCC et al., Govt. Code §11126(e)(2)(A)
Norberg v. CCC et al., 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)
Schreck v. CCC (Collins, RPI), Govt. Code §11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California, Govt. Code §11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California, Govt. Code §11126(e)(2)(A)
Smith et al. v. Cal. Dept. of Fish & Game, CCC, Govt. Code §11126(e)(2)(A)
Wetlands Defense Fund et al. v. CCC (Cal. Dept. of Parks & Recreation, RPI), Govt. Code §11126(e)(2)(A)
Wildman v. CCC et al., 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).

17. APPROVAL OF MINUTES.

18. COMMISSIONERS' REPORTS.

19. CONSERVANCY REPORT.

20. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

21. DEPUTY ATTORNEY GENERAL'S REPORT.

22. EXECUTIVE DIRECTOR’S REPORTincluding reports and possible Commission action on legislationand water quality.

RECEPTION

RECEPTION. At the conclusion of the Commission’s meeting on Wednesday, November 2, or at 7:00 p.m., whichever is later, the Commission will attend a reception hosted by the Environmental Community at the Oceanside Community Room. Members of the public are welcome to join the Commission; however, because space is limited, you must make a reservation by October 28th. For more information, please call David Grubb at (760) 753-0273 or you may make your reservation at sierrasd@sbcglobal.net.