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December 2011 Agenda

Aquarium of the Bay 
Pier 39
San Francisco, CA 94133  
(415) 407-3211

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

 
9:00 A.M

WEDNESDAY, DECEMBER 7, 2011


1.  CALL TO ORDER.

2.  ROLL CALL.

2.5.  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

3.  AGENDA CHANGES.

4.  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)

5. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a.  Application No. 5-11-150 (Lozano & Hall, Newport Beach) Application of Ignacio Lozano & Robert Hall to remove 1,504 sq.ft. dock system consisting of shared pier, shared platform, two separate gangways, two separate floating docks and 16 piles; replace with five 14" piles and six 14" "T-piles" for a total of 11 new piles, two new 10'x14' platforms, two new 4'x23' piers, two new 3'x24' gangways and two new combined "U-shaped" docks, at 815/813 Via Lido Soud, Newport Beach, Orange County. (LR-LB)

b.  Application No. 5-11-236 (Allen & Kruse, Newport Beach) Application of William Allen & Darin Kruse to demolish 662 sq.ft. dock and gangway and use existing piles and pier; no pile removal or new piles proposed; and install new 638 sq.ft. dock and gangway in same double "U shaped" configuration, at 201 & 205 E. Bayfront, Newport Beach, Orange County. (LR-LB)

SAN DIEGO COAST DISTRICT


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

a. Application No. 6-11-76 (CALTRANS, San Diego) Application of California Department of Transportation to repair and stabilize culvert which includes: (a) removal of exposed wingwalls; (b) stabilization of end wall with rip-rap back-fill; (c) gabion installation, (d) construction of rock lined drainage channel; and (e) reconstruction of sunken rock-lined basin, north of Las Pulgas/Interstate 5 (I-5) Interchange, west side of I-5, adjacent to Marine Corps Base Camp Pendleton, San Diego County. (GB-SD)

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
 
a. Application No. 5-10-224 (Bissell, San Clemente) Application of Betty Bissell to construct 5,366 sq.ft., 2-unit duplex on vacant lot, at 214 Avenida Montalvo, San Clemente, Orange County. (JDA-LB) [PREVIOUSLY ITEM 10a]

b. Application No. 5-11-130 (VW Revocable Living Trust, Newport Beach) Application of VW Revocable Living Trust to merge 4,922 sq.ft. lot and 3,438 sq.ft. lot for a total of 8,360 sq.ft. lot. Replace existing 6" thick, 40-ft. long bulkhead with new bulkhead at same location and construct 25-ft. high 5,181 sq.ft. substantial demolition of existing 3,219 sq.ft. single family home and construction of 25-ft. high, 8,400 sq. ft., single family residence with pool, at 1104 & 1106 East Balboa Blvd., Newport Beach, Orange County. (JDA-LB) [PREVIOUSLY ITEM 10d]

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

a.  City of Huntington Beach LCP Amendment No. HNB-MAJ-3-10 (The Ridge). Time Extension. Public hearing and action to extend 90-day time limit for Commission action up to one year on a request by the City of Huntington Beach to amend the certified Local Coastal Program to change the land use designation at the site from Open Space – Parks (OSP) to Residential Low Density – 7 units per acre (RL-7) and zoning designation from Residential Agriculture – Coastal Zone Overlay (RA – CZ) to Low Density - Coastal Zone Overlay (RL-CZ). Change Planned Unit Development Standards and Provisions. The subject site is approximately 5-acre parcel of land located at the southeast corner of the intersection of Bolsa Chica Street and Los Patos Avenue, in the City of Huntington Beach. (MV-LB)
 
 Motion and Vote

b.  City of Huntington Beach LCP Amendment No. HNB-MAJ-1-11 (Sunset Beach Specific Plan). Time Extension. Public hearing and action on extension of time limit to act on request by City of Huntington Beach to amend the City’s Local Coastal Program in order to incorporate the recently annexed, and formerly certified, Sunset Beach area, which is located entirely within the coastal zone. (MV-LB)
 
 Motion and Vote

c.  City of Laguna Beach LCP Amendment No. LGB-MAJ-1-10 (Land Use Element Update). Public hearing and action on request by City of Laguna Beach to amend the certified Local Coastal Program (LCP), by replacing the Land Use Element of the certified Land Use Plan with a new, updated version of the Land Use Element. The Land Use Element is effective Citywide throughout the coastal zone. (LR-LB)
 
 Motion and Vote

 Motion and Vote
 
 Motion and Vote
 
d.  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
 
Amending  Motion and  Vote
 
 Motion and Vote
 
 Motion and Vote
 
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. 5-11-45 (Schoonenberg, Newport Beach) Application of Robert Van Schoonenberg to demolish 709 sq.ft. floating dock, gangway, pier four piles and install new 10'x14' platform supported by two 14" diameter anchor piles, new 3'x24' gangway and "U-shaped" floating dock supported by three 14" diameter guide piles, totaling 523 sq. feet in water coverage; including eelgrass mitigation plan at 2234 Channel Road., Newport Beach, Orange County. (LR-LB)  [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b.  Application No. 5-11-75 (Kramer, San Clemente) Application of Warren Kramer to subdivide single 38,335 sq.ft. lot into two parcels (Parcel 1 = 10,989 sq. feet and Parcel 2 = 27,366 sq. feet) for single-family homes. Demolish 1-story single-family home and garage and construct new single-family home and 2-car garage on each newly created lot. Parcel 1 consists of: 2-story, 25-ft. tall, 4,335 sq.ft. single family home with 514 sq.ft. balcony deck and attached 2-car garage. Parcel 2 consists of: 3-story, 25-ft. tall, 3,401 sq.ft. single-family home with attached 2-car garage and 373 sq.ft. in new decks. Minor grading for site preparation, drainage, hardscape and landscape improvements on coastal canyon lot, at 323 W. Avenida Valencia, San Clemente, Orange County. (LR-LB)
 
 Return to Item
 
 Motion and Vote
 
c.  Application No. 5-11-75 (Kramer, San Clemente) Application of Warren Kramer to subdivide single 38,335 sq.ft. lot into two parcels (Parcel 1 = 10,989 sq. feet and Parcel 2 = 27,366 sq. feet) for single-family homes. Demolish 1-story single-family home and garage and construct new single-family home and 2-car garage on each newly created lot. Parcel 1 consists of: 2-story, 25-ft. tall, 4,335 sq.ft. single family home with 514 sq.ft. balcony deck and attached 2-car garage. Parcel 2 consists of: 3-story, 25-ft. tall, 3,401 sq.ft. single-family home with attached 2-car garage and 373 sq.ft. in new decks. Minor grading for site preparation, drainage, hardscape and landscape improvements on coastal canyon lot, at 323 W. Avenida Valencia, San Clemente, Orange County. (LR-LB)
 
 Motion and Vote

SAN DIEGO COAST DISTRICT


11.  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.

12.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
b. Permit No. 6-10-20-A (California Dept. of Fish & Game, Carlsbad) Request by California Department of Fish and Game to amend permit for lagoon maintenance dredging for additional west basin maintenance activities to include recontouring of shoreline with dredged sand, repair of storm drain dissipator structure, construction of fencing to limit trespass and predator access, and stabilize storm water spillway with dredged cobble to curb erosion, at Batiquitos Lagoon, between the ocean and El Camino Real, Carlsbad, San Diego County. (MA-SD) [PREVIOUSLY ITEM 16b]
 
 Motion and Vote


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

a.  City of Carlsbad LCP Amendment No. 1-10B (Village Area Update). Public hearing and action on request by the City of Carlsbad to amend both the adopted LCP land use plan and zoning maps, as well as the certified zoning ordinance, for the Carlsbad Village Redevelopment segment to primarily reflect the expiration of the Village Area Redevelopment Plan. (DNL-SD)
 
 Motion and Vote

b. City of Carlsbad LUP Amendment No. 2-10A (Adams St. Subdivision). Public hearing and action on request by the City of Carlsbad to amend the certified Agua Hedionda Land Use Plan to change the land use designation from Residential Low Medium (RLM) to Open Space on a portion of a 1.08 acre site containing sensitive habitat to facilitate the development of two (2) single family homes. The site is located in the 4400 block of Adams Street, along the north shore of Agua Hedionda Lagoon. (TR-SD) [WITHDRAWN]

c.  City of Carlsbad LCP Amendment No. 2-10B (Zoning Ordinance Clean-up). Public hearing and action on request by City of Carlsbad to amend Title 21 of the certified zoning ordinance to correct errors and improve the land use decision-making processes. (DNL-SD)
 
 Motion and Vote
 
d.  City of Encinitas LCP Amendment No. 3-10 (Design Review/Zoning Clean-up). Public hearing and action on request by City of Encinitas to amend its certified implementation plan to correct errors in Chapter 23.08 and Title 30 of the zoning ordinance and design review regulations. (ES-SD)
 Motion and Vote

14. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-6-TJN-11-84 (City of San Diego Transportation and Storm Water Dept., San Diego Co.) Appeal by San Diegans for Open Government from decision of City of San Diego granting permit with conditions to City of San Diego Transportation and Storm Water Department to remove accumulated sediment, vegetation, trash and debris from within the Tijuana River Pilot Channel and Smuggler's Gulch Channel to reduce flooding risk (already completed pursuant to emergency permits) and ongoing long-term maintenance of both channels, at Tijuana River/Smuggler’s Gulch, between Hollister Street and Monument Road, Tijuana River Valley, San Diego, San Diego County. (MA-SD)
 
 Motion and Vote

b. Appeal No. A-6-NOC-11-086 (San Diego Master Storm Water Maintenance Program, San Diego Co.) Appeal by Commissioners Brennan & Stone from decision of the City of San Diego granting permit with conditions to the City of San Diego Transportation & Storm Water Department for 20 year master permit for clearing of sediment and vegetation and maintenance of various drainages to provide adequate flood control, various drainages within the coastal zone, San Diego, San Diego County. (LJM-SD) [POSTPONED]

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. 6-10-16 (Tu Casa HOA, Carlsbad) Application of Tu Casa HOA to maintain revetment including returning dislodged rocks back on revetment and the addition of 25 cu.yds. of new rock, on northern shore of Agua Hedionda Lagoon, at 4747 Marina Drive, Agua Hedionda, Carlsbad, San Diego County. (TR-SD) [POSTPONED]

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.

a. Permit No. 6-08-100-A (1984 Abbott LLC, San Diego) Request by 1984 Abbott LLC to modify project for 12 residential condominiums to reduce the number of units to 10 and replace underground parking with below-grade parking, at 5113 Saratoga Avenue & 1984 Abbott Avenue, Ocean Beach, San Diego, San Diego County. (ES-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

b. Permit No. 6-10-20-A (California Dept. of Fish & Game, Carlsbad) Request by California Department of Fish and Game to amend permit for lagoon maintenance dredging for additional west basin maintenance activities to include recontouring of shoreline with dredged sand, repair of storm drain dissipator structure, construction of fencing to limit trespass and predator access, and stabilize storm water spillway with dredged cobble to curb erosion, at Batiquitos Lagoon, between the ocean and El Camino Real, Carlsbad, San Diego County. (MA-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]


NORTH CENTRAL COAST DISTRICT

17.  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.

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

19. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-2-SMC-11-23 (Westerfield & Love, San Mateo Co.) Appeal by James & Louise Montalbano & Marilyn M. Winkler from decision of County of San Mateo granting permit with conditions to Putney Westerfield & Ed Love for construction of 380 sq.ft. second floor addition to existing non-conforming 1,738 sq.ft. single-family home, and off-street parking exception to allow two uncovered tandem parking spaces along right side setback of project site, at 101 7th St., Montara, San Mateo County. (ND-SF)
 
 Motion and  Vote

b.  Appeal No. A-2-MAR-09-10 (Crosby, Marin Co.) Appeal by Dr. Edward J. Hyman & Dr. Deborah A. McDonald & Brenda & Richard Kohn from decision of County of Marin granting permit with conditions to Timothy Crosby for construction of 1,589 sq. ft. addition to existing 2,058 sq.ft. single-family home on 1.03-acre lot, at 9 Ahab Drive, Muir Beach, Marin County. (RP-SF)

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. 2-07-42 (City of Pacifica Parking Fee Program) Application of City of Pacifica to install three parking meter ticket machines at two existing parking lots and implementation of Parking Fee Program, at Pacifica State Beach north and south parking lot, Pacifica, San Mateo County. (RTA-SF) [POSTPONED]

21. REVISED FINDINGS See AGENDA CATEGORIES.

[The staff report for item 21a below will be posted by 5 p.m., Wednesday November 23rd .]

a.  Application No. 2-06-18/A-2-MAR-08-028 (Lawson's Landing, Inc., Marin Co.) Application of Lawson's Landing, Inc. for recreational and agricultural use of 960-acre property, including: 417 RV and tent spaces; 233 year-round travel trailer spaces; day-use parking; boating facilities, mooring, and launching; support facilities including store, offices, recreational center, employee housing, boat sales and repair, fuel service and storage; waste water/septic system; water tanks; and road improvements, at 137 Marine View Drive, Dillon Beach, Marin County. (RP-SF)
 
 Motion and  Vote
Amending  Motion and  Vote

b.  Application No. 2-10-33 (City & County of San Francisco) Application of City & County of San Francisco to construct shoreline protection measures including: (1) rock revetments (440 ft., 600 ft., and 70 ft.); (2) two tangent pile walls (270 ft. and 175 ft.); and (3) 11 beach monitoring posts at Ocean Beach between Sloat Blvd. and Skyline Blvd., San Francisco, San Francisco County. (RA-SF)
 
 Motion and Vote

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. Feduniak, Govt. Code § 11126(e)(2)(A)
        City & County of San Francisco v. CCC, 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)
        Lynch et al. 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)
        Smith et al. v. Cal. Dept. of Fish & Game, 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)

22.  APPROVAL OF MINUTES.      Motion and Vote

23.  COMMISSIONERS' REPORTS.

24.  CONSERVANCY REPORT.

25.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

26.  DEPUTY ATTORNEY GENERAL'S REPORT.

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

a.  Annual Report of the Conservation/Open Space OTD Program. Report on the Status of Conservation & Open Space Offers to Dedicate Easements. (AH-SF)

b.  Authorization to enter into a contract with Tridec Technologies, LLC to pay the Commission share of the cost for a NOAA Coastal Fellow for two-years. (SH-SF)