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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.

THURSDAY, APRIL 12, 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.

SOUTH COAST DISTRICT (Orange County)

5.  ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-285 (Farmer, LTD, Sunset Beach)Application of Farmer, LTD to convert unpermitted triplex back to single-family home on 2,700 sq.ft. interior lot within first public road and sea. Complete interior remodel is proposed to convert existing 1,050 sq.ft. single-story duplex structure back to single family home; third unit located on second story of detached two-car garage to be converted into storage space. New windows and doors and new exterior paint proposed for remodel and garage. No grading or landscaping is proposed, at 17020 7th Street, Sunset Beach, Orange County. (LR-LB)

b. Application No. 5-11-286 (Farmer, LTD, Sunset Beach)Application of Farmer, LTD for complete interior remodel including replacement of windows and doors and new insulation of existing 1,218 sq.ft. single family home and construction of 20’ x 20’ and 12 ft.-tall, two-vehicle wood carport and new driveway along frontage road for carport access. No grading or landscaping is proposed, at 17016 7th Street, Sunset Beach, Orange County. (LR-LB)

c. Application No. 5-12-25 (Hagin, Huntington Beach)Application of Mr. & Mrs. Jim Hagin to install new addition to existing cantilevered deck, new gutter on cantilever and new filter box. The deck addition is 21 foot 2 inches long and cantilevers 5 ft. beyond the bulkhead, at 17062 Baruna Lane, Huntington Beach, Orange County. (JDA-LB)

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

a. Application No. 5-11-258 (Gondon,Newport Beach) Application of Max Gondon to remove 42.5 ft.-long wooden bulkhead and construct new concrete bulkhead in same location supported with four (4) helical anchors landward of bulkhead with top bulkhead elevation of +9.0 ft. mean lower low water (MLLW), to protect existing single-family home. Grading consisting of 30 cu.yds. of cut and 30 cu.yds. of fill, to be recompacted on site. Proposed cantilevered deck extending 5 feet past edge of bulkhead coping and new 3-ft. 6-in. tall guardrail installed at edge of new bulkhead, at 1913 East Bay Ave, Newport Beach, Orange County. (FSY-LB)

b. Application No. 5-12-6 (Nielsen,Huntington Beach)Application of Christian Nielsen to repair existing seawall/bulkhead consisting of installation of 7/16 in. carbon fiber reinforced vinyl ester resin sheetpile panels (sheet pile) along toe of seawall footing and removal of existing concrete to restore 20.92 sq. feet of soft bottom bay habitat to mitigate 5.42 sq. feet of soft bottom habitat, at 16852 & 16862 Baruna Lane, Huntington Beach, Orange County. (MV-LB)

c. Application No. 5-12-007 (Wirtz, Huntington Beach)Application of Kenrick G. Wirtz to repair existing seawall/bulkhead consisting of installation of 7/16 in. carbon fiber reinforced vinyl ester resin sheetpile panels (sheet pile) along toe of seawall footing and removal of existing concrete to restore 8.08 sq. feet of soft bottom bay habitat to mitigate 2.71 sq. feet of soft bottom habitat impact, at 16712 Wanderer Lane, Huntington Beach, Orange County. (MV-LB)

d. Application No. 5-12-19 (Nichols,Huntington Beach)Application of Mr. & Mrs. Robert and Teresa Nichols to repair existing seawall/bulkhead consisting of installation of 7/16 in. carbon fiber reinforced vinyl ester resin sheetpile panels (sheet pile) along toe of seawall footing and removal of existing concrete to restore 10.95 sq. feet of soft bottom bay habitat to mitigate 2.71 sq. feet of soft bottom bay impact, at 4022 Diablo Circle, Huntington Beach, Orange County. (MV-LB)

NORTH COAST DISTRICT

7. 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. 1-11-7 (Union Pacific Railroad,Eureka) Application of Union Pacific Railroad to remediate soil contamination at former metal salvage operation site by (1) clear vegetation from 7,000 sq.ft. upland area adjacent to shoreline and demolish existing 6,400 sq.ft. warehouse building; (2) excavate 13,580 cu.yds. of contaminated soils from upland portion of site and backfill area with clean imported earthen material; (3) prepare one acre intertidal mudflat portion of site for dredging of contaminated sediments by installing temporary turbidity barrier (PORTADAM steel-framed structure and/or silt fencing); (4) dredge 4,350 cu.yds. of contaminated sediments from intertidal mudflat and backfill with clean imported earthen material; (5) install shoreline stabilization materials along length of site above mean high water following excavation, includes “marine mattress” composed of rock-filled geogrid container buried beneath backfill between MHW and high tide line (HTL), rows of live willow fascines and coir matting above HTL, and row of 3’x3’ gabion baskets buried just below final grade along upland strip of land above the HTL; and (6) temporarily stockpile dredged and excavated material on upland portion of site for dewatering purposes prior to transport to off-site disposal facilities, at 701 First Street, Eureka, Humboldt County. (MBK-E) [POSTPONED]

NORTH CENTRAL COAST DISTRICT

8.  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.

9.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
 
 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. 2-10-032 (Kotula, Marin Co.)Application of Dorothy Kotula for after-the-fact replacement of section of pier (including pilings), and proposed replacement of a dock, pilings, and stairs at the end of the pier, on the Tomales Bay side of 12788 Sir Francis Drake Boulevard in the unincorporated Inverness area of Marin County. (LK-SF)

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

a. City of Carmel by-the-Sea LCP Amendment No. CML-MIN-1-12. Concurrence with the Executive Director’s determination that the proposed modification to the City’s LCP to allow transitional housing as a principal as opposed to a conditional use in the Residential Limited Commercial district is minor. (MW-SC)

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

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

a.  City of Pismo Beach LCP Amendment No. PSB-1-10 Part 1 (Open Space Landscaping). Time Extension.Public hearing and action on request by City of Pismo Beach to extend time to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Amendment 1-10 Part 1 (Open Space Landscaping). (MC-SC) 

 Motion and Vote

b.  City of Pismo Beach LCP Amendment No. PSB-1-11 (Sign Regulations). Time Extension. Public hearing and action on extension of time limit to act on request by City of Pismo Beach to amend the LCP’s sign regulations. (KG-SC)

 Motion and Vote

c.  Monterey County LCP Amendment No. MCO-1-12 Part 1 (Del Monte Forest LCP update and Pebble Beach Company Concept Plan). Public hearing and action on request by Monterey County to amend the LCP to update the LCP overall for the Del Monte Forest, including to provide for the Pebble Beach Company’s Concept Plan (designed to provide for development and preservation measures for the Company’s remaining land holdings in the Del Monte Forest). (KB-SC)[POSTPONED]

d.  Santa Cruz County LCP Amendment No. SCO-1-11 Part 1 (Site Standard Exceptions). Public hearing and action on request by Santa Cruz County to amend LCP provisions to allow for exceptions from certain maximum scale and bulk standards (related to height, setbacks, separation between structures on the same property, lot coverage and floor area ratio) in the urban areas of Santa Cruz County. (JA-SC)

 Motion and Vote
 Motion and Vote

14. NEW APPEALS. See AGENDA CATEGORIES.

a.   Appeal No. A-3-SLO-11-064 (Lewis, San Luis Obispo Co.)Appeal by John Carsel and Carol Baptiste, John and Sue Black, and Marie Jaqua of San Luis Obispo County decision granting coastal permit with conditions to Dr. Marshall Lewis for demolition of 2,810 sq.ft., one-story, single-family home and construction of new 4,555 sq.ft., two-story, single-family home with 2,377 sq.ft. underground garage, and relocation of historic water tank on-site, at 709 Lucerne Avenue in the Cayucos area of San Luis Obispo County. (DR-SC)

 Motion and Vote

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. 3-10-023 (Santa Cruz Port District Dredging and Beach Nourishment Project)Application of Santa Cruz Port District for multi-year dredging and beach nourishment at and adjacent to Santa Cruz Harbor in both City of Santa Cruz and unincorporated Live Oak beach area of Santa Cruz County. (SC-SC)

b. Application No. 3-10-034 (Caltrans,Monterey Co.) Application of Caltrans for both after-the-fact authorization and follow-up permit authorization (for development completed under emergency CDPs 3-10-005-G and 3-10-015-G) associated with two rip-rap revetment structures (637 feet long and 820 feet long) and two gabion crib wall structures (550 feet long and 426 feet long) and related development along Highway One at Shale Point and Alder Creek in the Big Sur coast area of Monterey County. (MW-SC) [POSTPONED]

c.   Application No. 3-11-031 (Giovanni's Fish Market, Morro Bay) Application of Giovanni’s Fish Market to expand boat dock, to improve existing outdoor seating area with additional windscreens and retractable awning, and to relocate sportfishing business to site, at 1001 Front Street (along Morro Bay Embarcadero (lease sites 102 and 102W)), Morro Bay, San Luis Obispo County. (MC-SC)

d.   Application No. 3-11-035 (Coast Dairies & Land Company, Davenport)Application of Coast Dairies & Land Co. for a land division of approximately 6,800-acre property resulting in 7 parcels (6 parcels inland and 1 seaward of Highway One) surrounding community of Davenport in north coast area of Santa Cruz County. (DR-SC)

 Motion and Vote

16. CONDITION COMPLIANCE.

a.   A-3-MCO-98-083 (Highlands Inn Mitigation Fund Review, Monterey Co.)Commission consideration of potential allocation of funds from Highlands Inn Mitigation Fund (established through coastal permit A-3-MCO-98-083) for the following potential projects: hostel at the Piedras Blancas Motel site (conversion of motel to hostel); campground at Point Lobos Ranch, and/or a hostel in vicinity of Pfeiffer Big Sur State Park, Monterey County. (DC-SC)

 Motion and  Vote

STATEWIDE

 COMMISSION FIELD TRIP. Weather permitting,the Commission will take a field trip, leaving the Ventura City Hall at approximately 1:00 pm on Thursday, April 12th, to visit various sites in the City of Ventura and Ventura Harbor area. The Commission will return at approximately 3:00 pm to complete its remaining agenda. The public is invited to attend by following the Commission vehicle(s) in private vehicles and joining the Commission at designated stops. Limited seating may be available on the Commission van. Amore detailed itinerarywill be available at a later date. For more information, please contact the Commission’s South Central District office in Ventura at (805) 585-1800.

SOUTH 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 Ventura office at (805) 585-1800.

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

 Motion and Vote

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

a.  City of San Buenaventura LCP Amendment No. SBV-MAJ-1-11. Public hearing and action on request by the City of San Buenaventura to amend the Land Use Plan portion of the certified LCP to modify the policies and provisions pertaining to mixed-use development on an approximately 21-acre vacant waterfront site designated Harbor Related Mixed Use (HRMU) in the Northeast Harbor area of the Ventura Harbor. (KB-V)

 Public Comment on Item
 Return to Commission
 Motion and  Vote
 Motion and Vote
Motion and Vote
 Motion and  Vote

b.  County of Santa Barbara LCP Amendment No. MAJ-4-11 (Time Extension). Public hearing and action to extend the time limit for action for one year on the County of Santa Barbara’s request to amend the certified Coastal Zoning Ordinance to provide the Director of the Planning and Development Department the authority to grant additional two year time extensions to approved, active, unexpired permits and projects due to economic hardship considerations until January 12, 2015. (AT-V)

 Motion and Vote

20. NEW APPEALS. See AGENDA CATEGORIES.

[Additional correspondence received has been appended to the staff report for item 20a below on April 9.]

a.  Appeal No. A-4-MAL-10-008 (Malibu Bay Company, Los Angeles Co.)Appeal by Deane Earl Ross from decision of City of Malibu granting permit to Malibu Bay Company for subdivision of a vacant 2.08-acre beachfront parcel into four parcels, at 30732 Pacific Coast Highway, City of Malibu, Los Angeles County. (DC-V)

 Motion and Vote

b.   Appeal No. A-4-STB-12-015 (Van Vliet, Santa Barbara Co.)Appeal by Margaret J. Dent, et. al. from decision of the County of Santa Barbara granting a coastal development permit for construction of three areas of first floor residential additions totaling 29 sq. ft., a 422 sq. ft. second floor residential addition, two areas of garage additions totaling 130 sq. ft., addition of 169 sq. ft., 9 ft. tall flat roofed carport, demolition of approx. 83 sq. ft. of existing residence, demolition and reconstruction of pool, construction of a new wall and entry gates, installation of new landscape and hardscape materials and 98 cu. yds. grading (72 cu. yds. cut and 26 cu. yds. fill) located at 1717 Fernald Point Lane, Montecito, Santa Barbara County. (AT-V)

 Motion and Vote

21. 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. 4-11-043 (City of Santa Barbara Parks and Recreation Department) Application of City of Santa Barbara Parks and Recreation Department for 5-year permit to implement annual desilting and vegetation management and enhancement program for purpose of flood control, mosquito abatement, and habitat enhancement, including one-time removal of 0.89 acres of marsh vegetation; annual maintenance of vegetation removal; 0.89 acres of habitat enhancement; and removal of approximately 339 cu.yds. of sediment and vegetation within concrete-lined channel at Andree Clark Bird Refuge, Santa Barbara, Santa Barbara County. (KB-V)

SOUTH COAST DISTRICT (Orange County)

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 onsent 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. 5-11-302 (City of Newport Beach Sunset Ridge Park) Application of City of Newport Beach for public park (Sunset Ridge Park) including: (1) active recreational amenities in form of playground and picnic area, youth baseball field, and two youth soccer fields; (2) passive recreational amenities in form of memorial garden, pedestrian paths, and an overlook area with shade structure and seating; (3) 1,300 sq.ft., one-story restroom and storage facility, with maximum height of 20-ft.; (4) landscaping/ planting plan, at 4850 West Coast Highway, Newport Beach, Orange County. (JDA-LB) [POSTPONED]