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April 2012 Agenda

Ventura City Hall Council Chambers
501 Poli Street
Ventura, CA 93001
(415) 407-3211


9:00 A.M.

WEDNESDAY, April 11, 2012

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  AGENDA CHANGES.

STATEWIDE

4. EXECUTIVE DIRECTOR’S REPORT.Legislative report and possible Commission action on legislation.

 Motion and Vote

5.  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 WORKSHOPfor the San Onofre Nuclear Generating Station WHEELER NORTH REEF MITIGATION PROJECT. A public workshop to presentthe 2011 results of the independent monitoring programfor 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.htmlfor more information about the SONGS mitigation.

SOUTH COAST DISTRICT (LOS ANGELES)

6. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a.  Application No. 5-11-307 (City of Long Beach, Dept. of Parks, Recreation, And Marine) Application of City of Long Beach, Dept. of Parks, Recreation, and Marine to attach 15 pre-fabricated 20’x 8’ floating dock modules to Pine Avenue Pier to create 300 linear feet of additional public docking area in Rainbow Harbor. No new piles to be installed, at 330 S. Pine Ave., Long Beach, Los Angeles County. (CP-LB)

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

a.  Application No. 5-11-243 (South Bay III, LLC, Hermosa Beach)Application of South Bay III, LLC to demolish duplex and construct new 25 ft. high, 10,517 sq.ft. single family home, at 2408 The Strand, Hermosa Beach, Los Angeles County. (JDA-LB)

b. Application No. 5-11-295 (Bloomberg & Farrell,City of Los Angeles)Application of Stuart Bloomberg & Mary Farrell to demolish one-story, 1,577 sq.ft. duplex and detached garage on 3,594 sq.ft. lot fronting walk street; and construct two-story (plus basement), 28 ft.-high, 5,455 sq.ft. single-family home with attached two-car garage, and landscape portion of adjoining walk street, at 44 Ozone Avenue, Venice, City of Los Angeles, Los Angeles County. (CP-LB)

c. Application No. 5-12-26 (City of Long Beach, Dept. of Parks, Recreation, & Marine)Application of City of Long Beach, Dept. of Parks, Recreation,& Marine to remove 313 ft.-long public boat dock at Shoreline Village and replace it in same location with new 713 ft.-long public boat dock (with new gangway and two new sewage pump-out stations) using 12 existing piles and 12 new piles, at 435 Shoreline Village Dr. (rainbow Harbor, Dock 10), Long Beach, Los Angeles County. (CP-LB)

SAN DIEGO DISTRICT

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

a. Application No. 6-11-88 (San Diego Gas & Electric (SDG&E), San Diego)Application of SDG & E to remove damaged wooden utility pole (#90948) and install replacement utility pole adjacent to removed pole location. All work to occur by hand with no mechanized equipment or vehicle access necessary, at Sorrento Valley Blvd. approximately 1 mile northeast of intersection of Vista Sorrento Pkwy., San Diego, San Diego County. (ES-SD)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

9.  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.

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.

a.   Application No. E-11-017 (PG&E, San Luis Obispo Co.)Application of Pacific Gas & Electric Company to install and operate an array of seismic activity monitoring devices and approximately eleven miles of associated power and data cable on the seafloor in state waters offshore of Point Buchon and the Diablo Canyon Nuclear Generating Station, San Luis Obispo County. (CT-SF)

 Motion and  Vote

12. FEDERAL CONSISTENCY. SeeAGENDA CATEGORIES.

a.  CD-004-12 (Corps of Engineers, Statewide)Consistency determination by U.S. Army Corps of Engineers for issuance, reissuance, and modifications of Nationwide Permits allowing for discharge of dredge and fill materials into waters of the United States, statewide. (LJS-SF)
 
 Motion and  Vote

NORTH COAST DISTRICT

13.  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 Eureka office at (707) 445-7833.

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

 Motion and Vote

15. NEW APPEALS.See AGENDA CATEGORIES.

a.   Appeal No. A-1-HUM-12-5 (Humboldt Trap & Skeet Club, Humboldt Co.)Appeal by James Bisiar from decision of County of Humboldt granting permit with conditions to Humboldt Trap & Skeet Club construction of new skeet field. The skeet field will consist of 14 feet, 4 in. tall-high house and 7 ft.-tall low house and concrete walk for shooting stations. The site is located in McKinleyville area, on east side of Lycoming Ave, between intersection of Airport Road and Lycoming Avenue, Humboldt County. (MBK-E)

 Motion and Vote

b.   Appeal No. A-1-HUM-12-6 (Smith, Humboldt Co.)Appeal by Jody L. Poulnott from decision of County of Humboldt granting permit with conditions to Brian Smith for development of 2,090 sq.ft., two-story, 25 ft.-high single-family home with attached garage, greenhouse, septic sytem and removal of 13 conifer trees, at 183 Westgate Drive (north of Trinidad), Humboldt County. (MBK-E)

c. Appeal No. A-1-HUM-12-8 (Cienfuegos, Humboldt Co.)Appeal by Michael Fennell from decision of County of Humboldt granting permit modification with conditions to Paul Cienfuegos to convert existing home to 614 sq.ft. primary and 480 sq.ft. secondary residence at 1485 Peninsula Drive, Manila, Humboldt County. (JRB-E)

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.

[An addendum has been appended to the staff report for item 16a below on April 9.]

a.  Application No. 1-11-43 (Needham, Humboldt Co.) Application of Thomas Needham to demolish 1,200 sq.ft., one-story single-family home and construct new 900 sq.ft., 28 ft.-high, two-story (2nd floor living space above 1st floor garage), 1-bedroom, single family home with driveway and fencing, at 1561 Buhne Drive, King Salmon, Humboldt County. (MBK-E)

b.  Application No. 1-11-46 (California Department of Transportation, Humboldt Co.)Application of California Department of Transportation to remove 7 eucalyptus trees at southern end of windrow along railroad corridor adjacent to U.S. Highway 101 to increase flight clearance associated with Humboldt County's Murray Field Airport, near shoreline of Humboldt Bay, between railroad corridor and U.S. Highway 101, near Murray Field Airport, Humboldt County. (MF-E)

c.   Application No. 1-12-4 (Crescent City Harbor District, Del Norte Co.) Application of Crescent City Harbor District to restore outer boat basin to its capacity and function prior to damage from March 11, 2011 tsunami by dredging approximately 251,160 cu. yds. of material from the basin and placing 3,731 cu.yds. of new rock to repair the existing shoreline revetment at five locations along the interior embankments of the basin at 101 Citizens Dock Road, Crescent City, Del Norte County. (RSM-E)

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. 1-08-47-A (Crescent City Harbor District, Del Norte Co.) Request by Crescent City Harbor District to modify permit granted for rehabilitation of Harbor's Inner Basin Breakwater for repairs to northerly 240 feet of Inner Boat Basin Breakwater damaged as result of March 11, 2011 tsunami, by placing additional rock slope protection, at 101 Citizens Dock Road, Crescent City, Del Norte County. (MKF-E)[POSTPONED]

b.   Permit No. 1-10-35-A (Crescent City Harbor District, Del Norte Co.)Request by Crescent City Harbor District to modify permit granted for rehabilitation of Harbor's Inner Boat Basin Marina for additional permanent repairs to Inner Boat Basin to repair damage from March 11, 2011 tsunami including repairs to rock slope protection (RSP), installing 8 additional piles, replacing the administrative dock, and expanding the work window, to June 1 through November 15, at 101 Citizens Dock Road, Crescent City, Del Norte County. (RSM-E)

c.  Permit No. 1-81-187-A2 (Jordan,Mendocino Co.)Request by Roger Jordan to modify permit granted to remodel addition to existing single family home; replace existing decks with new expanded stone patio; add new outdoor trellis and fences; and after-the-fact request for authorization to modify approved landscaping plan to plant trees in select locations, at 32700 North Highway One, Fort Bragg, Mendocino County. (TG-E)

ENFORCEMENT

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

STATEWIDE

19. Coastal Program 40th Anniversary Report. Staff presentation on accomplishments and implementation of the Commission's program in the South Central Coast Region, focusing on Malibu and the Santa Monica Mountains area. For information, contact the Commission's South Central Coast District at (805) 585-1800.

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.

 Motion and Vote
 

22. 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. 5-11-133 (Santa Catalina Island Company & City of Avalon)Application of Santa Catalina Island Company & City of Avalon for Pebbly Beach Road Rockfall mitigation plan project involving installation of rockfall barriers (i.e., k-rails, debris fences and wire mesh draperies) along inland side of road and on hillsides above road to increase public safety and improve public access for pedestrians, bicyclists and vehicles, at Pebbly Beach Road between Crescent Ave & Pebbly Beach, City of Avalon, Los Angeles County. (CP-LB)

 Motion and Vote

b.  Application No. 5-11-256 (City of Los Angeles Solar Power Light Poles)Application of City of Los Angeles to install five(5) 25 ft.-high solar-powered light poles (each with 9 ft.-long lamp extension) on beach next to Graffiti Art Walls, at 1800 Ocean Front Walk, Venice, City of Los Angeles, Los Angeles County. (CP-LB)

23. 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.  Application No. 5-84-591-A2 (City of Santa Monica Playground Renovation) Application of City of Santa Monica to renovate existing park and picnic area into universally accessible playground with play amenities to accommodate recreational needs of children with physical or learning disabilities including a “ship” play structure, seating and picnic areas, shade sails, native landscaping, security fencing, and reassignment of 19 adjacent parking spaces for handicap use, at 2900 Ocean Front Walk, Santa Monica, Los Angeles County. (AP-LB)
 
 Motion and  Vote

SAN DIEGO COAST DISTRICT

24.  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.

a.  City of San Diego LCP Amendment No. 3-11 (Voluntary Accessibility Program) Certification Review. Concurrence with the Executive Director’s determination that the action by the City of San Diego accepting suggested modifications to the City’s Local Coastal Program Amendment No. 3-11 is legally adequate. (DNL-SD)

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

26. LOCAL COASTAL PROGRAMS (LCPs) SeeAGENDA CATEGORIES.

a.  City of Carlsbad LCP Amendment No. CAR-MAJ-1-11 (Non-Conforming Buildings and Uses).Public hearing and action on request by the City of Carlsbad to amend several chapters of its Implementation Plan (IP) including replacing Chapter 21.48 – Nonconforming Building and Uses in its entirety, and amending other related chapters to encourage the rehabilitation of nonconforming buildings and uses. (TR-SD) [WITHDRAWN]

27. NEW APPEALS. See AGENDA CATEGORIES.

[Additional materials have been added to the staff report for item 28a below on April 9.]

a.  Appeal No. A-6-ENC-12-10 (City of Encinitas Moonlight Beach improvements)Appeal by Donna Westbrook from decision of City of Encinitas granting permit with conditions to City of Encinitas Parks & Recreation Dept. for demolition of an existing detached 600 sq.ft. concession structure and 864 sq.ft. bathroom structure and construction of 2,938 sq.ft. concession, bathroom and storage building, detached 861 sq.ft. lifeguard garage with public viewing deck above, shade structure and approximately 144 sq.ft. trash enclosure. The project also includes grading, reconfiguration of lower portion of access ramp from upper parking lot to beach, installation of associated landscape and hardscape improvements throughout project site, and use of temporary construction trailer during construction phase of project, at Moonlight State Beach, 400 C Street, Encinitas, San Diego County. (ES-SD)

28. 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.

[Additional correspondence has been added to the staff report for item 28a below on April 9.]

a.  Application No. 6-11-59 (22nd District Agricultural Association, San Diego)Application of 22nd District Agricultural Association for placement of a 6,650 sq. ft. fabric tent structure to accommodate existing golf related uses; placement of an approximately 1,500 sq. ft. prefabricated structure on the west side of the existing driving range for golf training; installation of a junior golf area; installation of new putting greens, sand bunkers, and 2-20 ft. light posts; request for continued usage of an existing 13,500 sq. ft. tent for youth volleyball activities; and after the fact request for an approximately 170 sq. ft. detached bathroom structure, operation of a swimming school, a 2,500 sq. ft. swimming pool tent, and a 1,200 sq. ft. swimming pool, at Del Mar Fairgrounds (Surf and Turf site), on the east side of Jimmy Durante Boulevard, immediately south of the Del Mar Hilton parking lot, Torrey Pines, San Diego, San Diego County. (ES-SD)

 Motion and Vote

b.  Application No. 6-11-89 (UCSD, San Diego)Application of University of California, San Diego (Scripps Institution of Oceanography) for renovation, demolition and reconstruction of existing research and storage buildings in Seaweed Canyon to include demolition of existing buildings T-44 and Seaweed Canyon Quonset Storage and construction of three research and storage buildings (totaling 24,387 sq. ft.) resulting in a total of 40,999 sq. ft. and 6 buildings on a 5.7 acre site, at Seaweed Canyon, Scripps Institution of Oceanography campus, La Jolla, San Diego, San Diego County. (MA-SD)[POSTPONED]

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:

CCC v. Feduniak, Govt. Code, section 11126(e)(2)(A)
Laguna Terrace Park, LLC v. CCC, Govt. Code, section 11126(e)(2)(A)
Laguna Terrace Park, LLC. et al. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Norberg v. CCC, Govt. Code, section 11126(e)(2)(A)
Norris et al. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Ross et al. v. CCC et al. (Malibu Bay Co., RPI), Govt. Code, section 11126(e)(2)(A)
SDS Family Trust v. CCC, 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

29.  APPROVAL OF MINUTES.

30.  COMMISSIONERS' REPORTS.

31.  CONSERVANCY REPORT.

32.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

33.  DEPUTY ATTORNEY GENERAL'S REPORT.

34.  EXECUTIVE DIRECTOR’S REPORTincluding reports and possible Commission action on legislation and water quality.

a.  Authorization to enter into a contractwith Sea Grant/University of California, San Diego to pay the Commission share of the cost for a Sea Grant Coastal Fellow for one-year. (SH-SF)
 
 Motion and Vote

RECEPTION

RECEPTION. At the conclusion of the Commission’s meeting on April 11th, or at 6:00 p.m., whichever is later, the Commission will attend a reception hosted by the Sierra Club, CAUSE, EDC & ORCA at the Watermark Restaurant in Ventura, 598 E. Main St, Ventura, CA 93001. Members of the public are welcome to join the Commission but space is limited. Please call (805) 232-4048 to make a reservation.