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JANUARY 2012 AGENDA

Annenberg Community Beach House
415 Pacific Coast Hwy.
Santa Monica, CA 90402
(562) 972-9854

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


9:00 A.M

WEDNESDAY, January 11, 2012


1.  CALL TO ORDER.

2.  ROLL CALL.

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.

SAN DIEGO COAST DISTRICT

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

a. Application No. 6-11-57 (Brucker, San Diego)Application of Kevin & Linda Brucker to demolish 978 sq. ft. home and construct 1,987 sq. ft., 30 ft. high, three story, home with attached garage/carport on an 1,831 sq. ft. lot, at 711 Toulon Court, Mission Beach, San Diego, San Diego County. (MA-SD)

b. Application No. 6-11-70 (Fletcher, San Diego)Application of Ron Fletcher to partially demolish 941sq. ft. mixed use structure located on a 2,384 sq. ft. lot to include removal of 294 sq. ft. of interior space in order to separate existing structure into two separate buildings and to remove existing non-permitted uses, at 3814-16 Mission Boulevard, Mission Beach, San Diego, San Diego County. (MA-SD)

SOUTH COAST DISTRICT (Orange County)


6. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a.  Application No. 5-11-175 (The Irvine Co., Newport Beach) Application of The Irvine Company for two project sites, to replace wood walking deck surfaces on existing decks, install in-slip pump out systems replacing single-serve pump-out stations. Including additional work at 1137 Bayside Drive: install ADA compliant gangway for dock access, re-grading of portion of existing parking lot to accommodate code compliant slopes for ADA access and provision of new landside sloping access ramp to marina office and upgraded restroom facilities (no change in footprint) for ADA compliance. Additional work will take place at 1353 Bayside Drive: for possible replacement of existing sewer pump. The project will not include replacement or addition of waterside piles supporting dock systems or changes to slip count at either location, at 1137 & 1353 Bayside Drive (050), Newport Beach, Orange County. (FSY-LB)

b.  Application No. 5-11-220 (Cassell, Newport Beach)Application of Ron Cassell to demolish 452 sq.ft. “finger” dock, gangway, pier approach, pier platform and remove 5 existing piles; and install new 489 sq.ft. dock consisting of 4’ x 18’ pier approach, 14’ x 10’ pier platform supported by 2 new 14” diameter concrete T-piles, 3’x 24’ gangway and approximately 5’ x 36’ “finger” shaped floating dock supported by 2 new 10” diameter steel pipe piles. The new dock overall water coverage will increase by 37 sq. feet, at 319 E. Bay Front, Newport Beach, Orange County. (LR-LB)

c.  Application No. 5-11-293 (City of Newport Beach, Balboa Island)Application of City of Newport Beach to install new 5’ x 10’ deck platform and steps per City standards composed of pressure treated Douglas fir, composite decking and stainless steel hardware along public bulkhead for public access to and from the Grand Canal public waterway and Balboa Island, at Grand Canal at Balboa Ave. Street End, (a public Beach.), Balboa Island, Orange County. (LR-LB)

7.  CONSENT CALENDAR. See AGENDA CATEGORIES.       Motion and Vote
a. Application No. 5-11-177 (Respatelli, San Clemente)Application of Mr. & Mrs. Vince Respatelli to remove chain link fence within coastal canyon and construct new 6-ft. tall cement block wall along side property lines and setback from coastal canyon, at 235 Avenida Monterey, San Clemente, Orange County. (LR-LB)

b. Application No. 5-11-224 (Betty Y. Liang, Huntington Beach)Application of Betty Y. Liang to repair and resurface 44-ft. long, concrete deck cantilevered 5 feet beyond bulkhead, at 3532 Venture Drive, Huntington Beach, Orange County. (MV-LB)

c. Application No. 5-11-274 (City of San Clemente)Application of City of San Clemente to construct new passenger loading zone in front of Las Palmas Elementary School, new sidewalks, curb ramps, bike lanes, bollards, pedestrian lighting, pavement striping, traffic signs and eliminate right turn lanes at public ROW surrounding Max Berg Plaza Park, at 1100 Calle Puente, San Clemente, Orange County. (LR-LB)

d. Application No. 5-11-277 (Bj & Lauren Delzer, Newport Beach)Application of Bj & Lauren Delzer to demolish single family home and construct new, 3890 sq.ft., 29-ft. high single family home, at 5809 Seashore Drive, Newport Beach, Orange County. (JDA-LB)

SOUTH COAST DISTRICT (Los Angeles County)

8.  CONSENT CALENDAR. See AGENDA CATEGORIES.       Motion and Vote
a. Application No. 5-10-239 (City of Long Beach)Application of City of Long Beach to remove and replace public fuel dock and gangway in same location using four existing concrete piles. Includes replacement of underground fuel storage tanks in marina parking lot and installation of above-ground pipeline between double-walled storage tanks and fuel dispensers on new 105-ft. long dock float. The new dock float will support 380 sq.ft. office/store with public restroom, at 700 E. Shorline Drive, Long Beach, Los Angeles County. (CP-LB)

b. Application No. 5-11-209 (Los Angeles County Department of Public Works, Marina Del Rey)Application of Los Angeles Co. Dept. of Public Works to refurbish 6,257 sq.ft., 3-story building that includes seismic retrofit and ADA-compliance improvements, including construction of an elevator, at 13640 Mindanao Way, Marina Del Rey, Los Angeles County. (AP-LB)

c. Application No. 5-11-237 (Southern California Gas Co., Los Angeles)Application of Southern California Gas Co. to install above grade 24-ft. high pipe truss support system throughout existing natural gas processing facility, and remove invasive plants from .46 acre area and re-landscape with native plants, at 7900 South Falmouth Ave, Los Angeles, Los Angeles County. (AP-LB)

SAN DIEGO COAST DISTRICT

9.  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.

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

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.

[An addendum has been appended to the staff report for item 11a below on January 9.]

a.  Application No. 6-10-16 (Tu Casa HOA , Carlsbad)Application of Tu Casa HOA for maintenance of existing revetment to include returning dislodged rocks back on revetment, after-the-fact approval of a maximum of 10.4 cu. yds. of rock placed without a permit and the addition of approximately 25 cu. yds. of new rock, on the northern shore of Agua Hedionda Lagoon, at 4747 Marina Drive, Agua Hedionda, Carlsbad, San Diego County. (TR-SD)

 
 Motion and Vote

ENFORCEMENT

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

[ Items 13 and 14 share a single, combined staff report.]
 Return to Item
 
 Motion and  Vote
 
 Motion and Vote

13. Consent Cease and Desist Order No. CCC-12-CD-01 (Goodell Family Trust  – Bolsa Chica Mesa, Orange Co.)Public hearing and Commission action on proposed Consent Cease and Desist Order directing Trustees of the Goodell Family Trust to 1) stop conducting any further unpermitted development, including but not limited to excavation and deposition of excavated soil; 2) stabilize excavated areas; 3) arrange for Native American monitors to oversee all work conducted pursuant to these Consent Orders; 4) screen excavated soil for cultural and archaeological materials; 5) protect in place, document, and rebury all cultural and archaeological materials encountered during work conducted pursuant to these Consent Orders; 6) stop maintaining existing unpermitted development consisting of excavations, excavated soil, and any associated results thereof, on property located east of the intersection of Brightwater Drive and Bolsa Chica Street in unincorporated Orange County that is identified by the Orange County Assessor’s Office as APN 110-016-18 by returning excavated areas to their preexisting topography; and 7) fund a mitigation project to promote conservation of archaeological resources in coastal Orange County. (AJW-LB)

14. Consent Restoration Order No. CCC-12-RO-01 (Goodell Family Trust – Bolsa Chica Mesa, Orange Co.)Public hearing and Commission action on proposed Consent Restoration Order directing Trustees of the Goodell Family Trust to address unpermitted development consisting of  excavation of 16 pits and deposition of soil excavated from said pits and any other physical materials or physical changes resulting from the excavations and deposition of excavated soil on property located east of the intersection of Brightwater Drive and Bolsa Chica Street in unincorporated Orange County that is identified by the Orange County Assessor’s Office as APN 110-016-18, through restorative actions including 1) desisting from conducting any further unpermitted development, including but not limited to excavation and deposition of excavated soil; 2) stabilizing excavated areas; 3) arranging for Native American monitors to oversee all work conducted pursuant to these Consent Orders; 4) screening excavated soil for cultural and archaeological materials; 5) protecting in place, documenting, and reburying all cultural and archaeological materials encountered during work conducted pursuant to these Consent Orders; 6) desisting from maintaining existing unpermitted development consisting of excavations, excavated soil, and any associated results thereof, on the property by returning excavated areas to their preexisting topography; and 7) funding a mitigation project to promote conservation of archaeological resources in coastal Orange County. (AJW-LB)

SOUTH COAST DISTRICT (Orange County)

15.  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.

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

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

a.  City of Laguna Beach LCP Amendment No. LGB-MAJ-3-10.Public hearing and action on amendment to implementation portion of LCP to streamline the temporary Use Permit approval process for minor, short-term (five days or fewer) events, Laguna Beach, Orange County. (MV-LB)
           Motion and Vote
           Motion and Vote
 
b.  City of Newport Beach, Community Development Dept. LCP Amendment No. NPB-MAJ-1-11. Time Extension.Public hearing and action to extend 90-day time limit for action on City of Newport Beach LUP Amendment No. 1-11 pertaining to changing the LUP designation of several locations, as follows: Two-Unit Residential (RT) to Mixed Use Vertical (MU-V) at 6904 and 6908-6936 West Coast Highway; change Two-Unit Residential (RT) to General Commercial (CG 0.5) at 6408 West Coast Highway; change Multiple Unit Residential (RM) to Mixed-Use Vertical (MU-V) at 3363 and 3369 Via Lido and 3378 Via Oporto; and Two-Unit Residential (RT) to Mixed Use Cannery Village (MU-CV/15th ST) at 105 15th Street. (FSY-LB)

 
 Motion and Vote

18. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-DPT-11-299 (Robert Theel Company, Dana Pt.)Appeal by Commissioners Brennan and Stone of decision by City of Dana Point to grant permit with conditions to Robert Theel Company for demolition and construction of new 5,743 sq.ft., 24-ft. high, 2-story single-family home with attached 632 sq.ft., 3-car garage on 10,694 sq.ft. coastal bluff lot. Project encroaches on 40-ft. bluff edge setback in the Capistrano Beach area, at 35141 Camino Capistrano, Dana Point, Orange County. (FSY-LB)

19. 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. 5-10-106 (California Department of Transportation (Caltrans) Dist.12, Huntington Beach)Application of Caltrans Dist.12 for follow-up to two emergency permits to make permanent installation of 475 linear ft. of steel sheetpile and back fill between edge of pavement and sheetpile, to remove temporary“K-rail” and to install 2.4 ft. high metal beam guard rail and 3 ft. high cable rail fence along edge of sheet pile wall, on Pacific Coast Highway, between Seapoint and Warner, adjacent to Bolsa Chica Ecological Reserve (Bolsa Bay), Huntington Beach, Orange County. (MV-LB)

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 of Brightwater Drive & Bolsa Chica Street, Huntington Beach, Orange County. (TH-LB)

 Motion and Vote


SOUTH COAST DISTRICT (Los Angeles County)


20.  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.

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

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

a.  City of Manhattan Beach LCP Amendment No. MNB-MIN-1-11 (Minor). Amendment to the Implementing Ordinances (LIP) portion of the certified LCP in order to include new regulations which address sustainable development (e.g., water efficient landscaping, green roofs and decks, and renewable energy). (CP-LB)

SOUTH CENTRAL COAST DISTRICT

23.  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.

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

--
a.  University of California Santa Barbara Notice of Impending Development De Minimis No. 6-11 (Goleta West Sanitary District Trunk Improvement). Public hearing and action on Notice of Impending Development by the University of California, Santa Barbara for the abandonment of approximately 2,380 linear ft. of sewer line, removal of 280 linear ft. of sewer line, partial/complete removal of six (6) manholes, removal of four (4) non-native pine trees, re-alignment of 2,961 linear ft. of sewer line along Mesa Rd, approximately 0.4 acres of temporary disturbance in the wetland area, restoration of 0.4 acres of disturbed wetland areas with native species pursuant to the proposed Mitigation and Monitoring Plan, and approximately 19,712 cu. yds. of grading (10,554 cu. yds. cut and 9,158 cu. yds. fill), located along Mesa Rd in East Storke Wetland at the University of California, Santa Barbara. (KSB-V)

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

a.  City of Malibu Local Coastal Program Amendment No. 2-10 (View Corridors) Certification Review. Concurrence with Executive Director’s determination that action by the City of Malibu accepting certification of Amendment No. 2-10 with modifications, is legally adequate. (DC-V)
        
               
b.  City of San Buenaventura LCP Amendment No. SBV-MAJ-1-11. Time Extension.Public hearing and action to extend time limit for one year on request by the City of Ventura to amend the certified LCP to allow mixed-use development on approximately 26.92 acres of vacant land and water in the Ventura Harbor area. (KSB-V)

 
 Motion and Vote

26. 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. 4-08-069 (Kies, Los Angeles Co.)Application of Lynda Kies for after-the-fact request for approval of the following additions to 2-story, 528 sq.ft. single-family home with 528 sq. ft. attached storage area consisting of: 1) conversion of 528 sq.ft. first floor storage area to habitable space and conversion of 450 sq.ft. first floor patio slab area and second floor deck area to habitable space; 2) 67 sq.ft. first floor deck addition; 3) 112 sq.ft. second floor deck addition; and 4) retaining wall and 250 sq.ft. concrete slab supporting exterior staircase; 4) complete partially-constructed conversion of 48 sq.ft. second story deck to habitable space and partially-constructed enclosure of 220 sq.ft. exterior staircase; 5) complete partially-constructed open concrete channel within on-site ephemeral drainage course; 6) construct 20-ft. wide, 60-ft. long paved driveway; 6) construct 4-ft. wide, 60-ft. long ADA-compliant walkway from driveway to home; 7) construct new detached 432 sq.ft. carport, new detached 892 sq.ft., 3-car garage and storagebuilding, and convert existing 240 sq.ft. patio cover attached to home to second story deck, at 1363 Oakwood Drive, Topanga Oaks Small Lot Subdivision, Santa Monica Mountains, Los Angeles County. (DC-V)
 
 Motion and  Vote

b.  Application No. 4-10-110 (Foy, Los Angeles Co.) Application by Kevin Foy to construct 6,396 sq.ft., 27-ft. high single family home with 370 sq.ft. covered terraces, detached 375 sq.ft. 1-car garage, detached accessory structure (750 sq.ft. second story guest house, 4 car first-floor 895 sq.ft. garage), driveway, septic system, and 2,400 cu.yds. of grading (1,200 cu.yds. cut, 700 cu.yds. fill, and 500 cu.yds export) at 100 Mildas Road, Malibu, Los Angeles County. (AT-V)

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, Govt. Code, section 11126(e)(2)(A)
CCC v. Allen, Govt. Code, section 11126(e)(2)(A)
Norberg v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Norris et al. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Ross v. CCC et al. (Malibu Bay Co., RPI), Govt. Code, section 11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California, Govt. Code, section 11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California, Govt. Code, section 11126(e)(2)(A)
Shea Homes, LP v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Smith et al. v. Cal. Dept. of Fish & Game, CCC, Govt. Code, section 11126(e)(2)(A)
Wildman v. CCC et al., Govt. Code, section 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).

27.  APPROVAL OF MINUTES.

28.  COMMISSIONERS' REPORTS.

29.  CONSERVANCY REPORT.

30.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

31.  DEPUTY ATTORNEY GENERAL'S REPORT.

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