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March 2012 Agenda

CHULA VISTA CITY HALL
COUNCIL CHAMBERS
276 FOURTH AVENUE
CHULA VISTA, CA 91910
(562) 972-9853

9:00 A.M.

WEDNESDAY, March 7, 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.

SONGS: NOTICE OF TECHNICAL REVIEW WORKSHOP for the San Onofre Nuclear Generating Station WHEELER NORTH REEF MITIGATION PROJECT.

A public workshop to present the 2011 results of the independent monitoring program for the SONGS artificial reef project will be held Monday, April 9, 2012 from 6:00 to 8:00 PM at the Samueli Conference Center located at the Ocean Institute, 24200 Dana Point Harbor Drive, Dana Point, California.

Contact Jonna Engel (jengel@coastal.ca.gov) or Dan Reed (reed@lifesci.ucsb.edu) for more information.

Go to: http://marinemitigation.msi.ucsb.edu/index.html for more information about the SONGS mitigation.

SOUTH COAST DISTRICT (ORANGE County)

5.  ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-11 (Ly, Huntington Beach) Application of Denny Ly to construct new deck cantilevered between 4-ft. 3-in. and 5 feet beyond bulkhead and 68 feet in length, at 16231 Santa Barbara Lane, Huntington Beach, Orange County. (JDA-LB)

b. Application No. 5-12-29 (Shea, Newport Beach) Application of Peter & Carolyn Shea to remove pier and dock and install new pier and dock with two, 14” square guide piles, two, pre-cast “T” piles, new 12’ x 34’ floating boat dock, 3’ x 24’gangway ramp, 5’ x 14’ pier approach, 10’x14’ pier platform, at 2009 East Bay Ave., Newport Beach, Balboa Island, Orange County. (LR-LB)

c. Application No. 5-11-266 (Pence, Newport  Beach)Application of Jeff Pence to remove existing “U” shaped 388 sq.ft. boat dock and three 14” concrete piles and replace with new “L” shaped 476 sq.ft. boat dock with two new 18” concrete piles, with existing pier and gangway to remain, at 725 Via Lido Soud, Newport Beach, Orange County. (FSY-LB)

SOUTH COAST DISTRICT (Orange County)

6.  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 Laguna Beach LCP Amendment No. LGB-MAJ-2-10 (7 Changes). Certification Review. Concurrence with the Executive Director’s determination that the action by the City of Laguna Beach accepting suggested modifications to the City’s Local Coastal Program Amendment No. 2-10 regarding seven changes to the Implementation Plan is legally adequate. (MV-LB)

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

8. NEW APPEALS. See AGENDA CATEGORIES.

[Additional correspondence received has been appended to staff report for item 8a below on March 5.]

a.   Appeal No. A-5-DPT-12-35 (Bergman Trust, Orange Co.) Appeal by Judith Hummer of decision by City of Dana Point to grant permit with conditions to demolish single-family home and construct new 3-story, 8,922 sq.ft. single-family home with 625 sq.ft. attached garage on coastal bluff lot, at 23482 Seaward Isle, Dana Point, Orange County. (FSY-LB)
 Motion and Vote

9. 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. 5-11-260 (Ruffalo, San Clemente) Application of Richard & Susan Ruffalo to remodel and add to existing 9,893 sq.ft., 4-story, 29 feet tall, 9-unit apartment building, on coastal bluff top lot, consisting of interior remodel to 3 out of 9 units: reconfigure two units into one and add 738 sq.ft. second-story to third remodeled unit; replace bluff-side wood balcony decks; and new windows, doors and siding on entire building, at 265 West Marguita, San Clemente, Orange County. (LR-LB)

SAN DIEGO 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 Diego office at (619) 767-2370.

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

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

a.  City of Carlsbad LCP Amendment No. 3-10A (Inclusionary Housing). Public hearing and action on request by the City of Carlsbad to amend its LCP to include modifications to the City’s municipal code relating to inclusionary housing provisions. (TR-SD)
 Motion and  Vote
 
b.  City of Carlsbad LCP Amendment No. 3-10B (Golf Course Revisions). Public hearing and action on request by the City of Carlsbad to amend its LCP to revise both the land use and zoning designations for the City’s municipal golf course, called “The Crossings”, to reflect changes in the certified Habitat Management Plan. (TR-SD)
 Motion and Vote

c.  City of Encinitas LCP Amendment No. 5-10 (Affordable Housing). Public hearing and action on request by the City of Encinitas to amend its certified Implementation Plan to revise its citywide housing regulations. (DNL-SD) [WITHDRAWN]

d.  City of Encinitas LCP Amendment No. 2-11 (Cardiff-by-the-Sea Specific Plan). Public hearing and action on request by the City of Encinitas to amend its certified Implementation Plan and adopt the Specific Plan for the Cardiff community. (ES-SD) [POSTPONED]

[An addendum has been appended to the staff report for item 12e below on March 6.]

e.  City of Solana Beach LCP Land Use Plan. Public hearing and action on request by City of Solana Beach to certify its LCP Land Use Plan. (DL-SD)
 Motion and  Vote
 
 Motion and  Vote

f.  City of Del Mar LCP Amendment No. 1-11 (Wetland Setbacks). Public hearing and action on request by the City of Del Mar to amend its certified Implementation Plan to revise the Lagoon Overlay Zone regarding coordination with the Dept. of Fish and Game about possible reductions in wetland setbacks. (DNL-SD)

 Motion and Vote
[An addendum has been appended to the staff report for item 12g below on March 6.]

g.  City of San Diego LCP Amendment No. 3-10 (Mission Beach PDO Update). Public hearing and action on request by the City of San Diego to amend its certified Implementation Plan to revise the Mission Beach Planned District Ordinance (PDO). (MA-SD)

 Motion and Vote
 
 Motion and Vote
 
13. NEW APPEALS. See AGENDA CATEGORIES.

[Additional correspondence received has been appended to the staff report for item 12e below on March 6.]

a.   Appeal No. A-6-PEN-11-77 (Prism Investments, San Diego Co.) Appeal by Ian Trowbridge and Commissioners Stone& Sanchez from decision of City of San Diego granting permit with conditions to Prism Investments for demolition of 2 existing, 2-story, commercial structures and construction of 3, 2-story buildings and 1, 3-story building consisting of 36 residential townhomes, 10 commercial condominium units (with 4 live-work units), and one-level parking garage with 132 partially below grade spaces on 1.65 acre site, at 1275 Scott St., Peninsula, San Diego, San Diego County. (MA-SD)
 Motion and  Vote
 
Amending  Motion and  Vote
 
b.   Appeal No. A-6-NOC-11-86 (City of San Diego Master Storm Water Maintenance Program) Appeal by Commissioners Brennan & Stone, Coastal Environmental Rights Foundation& 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 for 20-year master permit for clearing of sediment and vegetation and maintenance of various drainages to provide adequate flood control, at various drainages within coastal zone, San Diego, San Diego County. (LJM-SD)
14. 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 14a below on March 6.]

a.   Application No. 6-11-79 (City of Solana Beach streetscape improvements)Application of City of Solana Beach to construct streetscape improvements along both sides of Highway 101 to include 27 additional parking spaces, drainage improvements, bicycle and pedestrian amenities, install drought tolerant and non- invasive trees and landscaping, and additional traffic calming measures (including 4 new pedestrian crossings and 2 new traffic signals), along north and south Highway 101 (from approximately 1,000 feet south of Dahlia Dr. to Cliff St.), Solana Beach, San Diego County. (ES-SD)

15. 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.

[Additional correspondence received has been appended to the staff report for item 15a below on March 6.]

a.   Permit No. 6-03-7-A (County of San Diego Park)Request by County of San Diego to amend permit to construct 14-acre public park on the County Administration Center parking lots to combine underground parking structures into one 250-space lot on southern portion of site; minor revisions to landscape and hardscape park features, reduce off-site parking to 600 spaces and provision of parking management plan prior to providing 600 off-site spaces, at 1600 Pacific Hwy, San Diego, San Diego County. (DL-SD)

 Motion and Vote
b.  Permit No. 6-05-40-A2 (Solana Beach parking lot time restrictions)Request by City of Solana Beach to amend permit for Fletcher Cove beach park and parking lot improvements to add time restrictions on parking (4 hour limit on 74 spaces and 2 hour limit on 8 spaces) at off-site public parking lot (“Distillery Lot”) for one-year trial period, at 140 S. Sierra Avenue, Solana Beach, San Diego County. (MA-SD)
 
 Motion and Vote

CLOSED SESSION

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)
Coastal Defender v. City of Manhattan Beach et al., Govt. Code, section 11126(e)(2)(A)
Concerned Citizens Protect the Marina v. CCC, Govt. Code, section 11126(e)(2)(A)
Lynch et al. v. CCC, Govt. Code, section 11126(e)(2)(A)
Thompson v. CCC (Dolbinski et al., RPI), Govt. Code, section 11126(e)(2)(A)
Tolowa Nations et al. v. CCC et al. , Govt. Code, section 11126(e)(2)(A)
Wetlands Defense Fund et al. v. CCC (Cal. Dept. of Parks & Recreation et al., RPI), 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).

 STATEWIDE

16. APPROVAL OF MINUTES.

17. COMMISSIONERS' REPORTS.

18. CONSERVANCY REPORT.

19. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

20. DEPUTY ATTORNEY GENERAL'S REPORT.

21. EXECUTIVE DIRECTOR’S REPORT including reports and possible Commission action onlegislation and water quality.

a. Contract for Information Technology (IT) Consulting Services. Commission authorization for Executive Director to enter into contract for IT consulting services for the coastal data management system upgrade. (AW-SF)

b. Interagency Agreement. Public hearing and Commission authorization to enter into an Interagency Agreement with Department of Water Resources for shared Information Technology services and/or computer resources. (AW-SF)