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May 2012 Agenda

Marin County Civic Center
Board of Supervisors Chambers
3501 Civic Center Drive, Room 330
San Rafael, CA  94903 
(415) 407-3211


9:00 A.M.

WEDNESDAY, May 9, 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 (LOS ANGELES COUNTY)

5.  ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a.  Application No. 5-12-27 (City of Long Beach & Long Beach Transit) Application of City of Long Beach & Long Beach Transit to install 3, 12-ft. high solar-powered message boards adjacent to docks utilized for Aqualink and Aquabus (water taxi) public transit service. Signs to display only transit-related information such as route maps (bus, train and boat), schedules and service bulletins, without any commercial advertising, at 3 locations: (1) Rainbow Harbor Esplanade - Dock 4 (100 Aquarium Way), (2) Alamitos Landing Shopping Center (190 Marina Dr.), (3) Belmont Pier (35 39th Place), Long Beach, Los Angeles County. (CP-LB)

b. Application No. 5-12-73 (Red Frog Events, Long Beach) Application of Red Frog Events to modify and occupy public beach (between bike path and water) for a 5K running race and obstacle course (Beach Dash) on Saturday, June 16, 2012. Course will be marked with yellow caution tape and rebar poles, and race course crossings will be provided at regular intervals (every 200 feet) to maintain public access during the event, at Marina Green Park & the public beach (between Alamitos Ave. & Cherry Ave.), Long Beach, Los Angeles County. (CP-LB)

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

a. Application No. 5-12-47 (Belzberg, Santa Monica) Application of Hagy Belzberg to construct LEED certified mix use residential and commercial development consisting of 2 single-family homes, 1,478 sq.ft. retail space, 2,000 sq.ft. office space, and 19 parking spaces with 3 car lifts, at 2321 Main Street, 207 Hollister Ave., and 209 Hollister Ave., Santa Monica, Los Angeles County. (AP-LB)

b. Application No. 5-12-90 (City of Santa Monica Public Walkway) Application of City of Santa Monica to extend existing 211-ft. wooden accessible beach public walkway 65 feet for easier access to water using planks made from recycled tires, at Santa Monica State Beach (north of the Santa Monica Pier.), Santa Monica, Los Angeles County. (AP-LB)

SOUTH COAST DISTRICT (Orange County)

7.  ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-11-296 (Webster, Huntington Beach) Application of Laurence C. Webster to construct new deck cantilevered 5 feet beyond bulkhead. Proposed deck will be 40 feet in length along with a 42-in. high decorative metal railing proposed along perimeter of cantilevered deck. No glass or transparent medium is proposed, at 16371 Ardsley Circle, Huntington Beach, Orange County. (MV-LB)

b. Application No. 5-12-84 (Olson, Newport Beach) Application of Robert Olson to remove and replace existing U-shaped floating dock with new like-for-like floating dock in same size, configuration and location; no work is proposed to existing gangway, pier and support piles, at 351 East Bayfront, Balboa Island, Newport Beach, Orange County. (LR-LB)

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

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

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

a.  Carlsbad LCP Amendment No. 3-11 (Second Dwelling Unit Rent Restrictions). Time Extension. Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by the City of Carlsbad to modify the City’s Municipal Code relative to rental restrictions on second dwelling units. (DNL-SD)
 
 Motion and Vote

b.  Carlsbad LCP Amendment No. 1-12 (Non-conforming Buildings and Uses). Time Extension. Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by the City of Carlsbad to amend several chapters of its Implementation Plan (IP) including replacing Chapter 21.48 – Nonconforming Buildings and Uses in its entirety and amending other related chapters to encourage the rehabilitation of nonconforming structures and uses. (TR-SD)

 Motion and Vote

c.  San Diego LCP Amendment No. 5-11A (Airport Land Use Compatibility Plan Implementation) and B (7th Update
LDC). Time Extension
. Public hearing and action to extend the 90-day time limit for Commission action up to one year on request by the City of San Diego to first amend four community plans and adopt ordinance revisions to establish the Airport Land Use Compatibility Overlay Zone and then, secondly, amend the Land Development Code (LDC) to implement its 7th Update. (DNL-SD)

 Motion and Vote

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. 6-11-89 (UCSD, San Diego) Application of University of California, San Diego (Scripps Institution of Oceanography) to renovate, demolish, and reconstruct existing research and storage buildings in Seaweed Canyon to include demolition of exisitng buildings T-44 and Seaweed Canyon Quonset Storage and construct three research and storage buildings (totaling 24,387 sq. feet) resulting in a total of 40,999 sq. feet and 6 buildings on 5.7 acre site, at Seaweed Canyon, Scripps Institution of Oceanography campus, La Jolla, San Diego, San Diego County. (MA-SD)

12. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  Appeal No. A-6-PEN-11-77 (Prism Investments, San Diego) Review and possible adoption of revised findings in support of Commission’s decision granting permit with conditions to Prism Investments to demolish two existing, 2-story, commercial structures and construct three, 2-story buildings and one, 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 Street, San Diego, San Diego County. (MA-SD)

 Motion and Vote

SOUTH COAST DISTRICT (ORANGE)

13.  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.

[The City of Laguna Beach Draft Land Use Element As Modified has been linked from the staff report for item 13a below on April 30.]

a.  City of Laguna Beach LGB-MAJ-1-10 (Land Use Element Update). Certification Review. Concurrence with Executive Director's determination that action by City of Laguna Beach, accepting certification of LGB-MAJ-1-10 with modifications, is legally adequate. (LR-LB)

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

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. 5-11-167 (Claims Advocate Services, LLC, Seal Beach) Application of Claims Advocate Services, LLC to demolish 1,709 sq.ft., 1-story retail building with 4 uncovered parking spaces and construct 3,379 sq.ft., 2-story (27 feet above finished grade) mixed use building with 748 sq.ft. retail use on 1st floor and 2,631 sq.ft. office use on 1st and 2nd floor with three (3) onsite partially covered parking spaces, at 214 Main Street, Seal Beach, Orange County. (FSY-LB) [WITHDRAWN]

b.  Application No. 5-11-168 (Fischer, Newport Beach) Application of Desmond Fischer to demolish 2-story, 833 sq.ft. single-family home with 456 sq.ft. 2-car garage and construct new 6,814 sq.ft., 4-story single-family home with 390 sq.ft., 2-car garage on coastal bluff face along with caisson foundation system. The rooftop of proposed home will be above curb height on Ocean Blvd. Project also includes paving, retaining walls, landscaping and irrigation. Grading will consist of 2,750 cu.yds. of cut and export to area outside of coastal zone, at 3725 Ocean Blvd., (Corona del Mar), Newport Beach, Orange County. (FSY-LB) [WITHDRAWN]

SOUTH COAST DISTRICT (Los Angeles County)

16.  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.

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

 Motion and Vote

18. 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. 5-12-88 (City of Long Beach Dept. of Public Works) Application of City of Long Beach Public Works Department to construct new 5-ft. high concrete retaining wall and public access improvements along 60 feet of Alamitos Bay shoreline, at 5609 Sorrento Dr., Long Beach, Los Angeles County. (CP-LB)

19. 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. 5-10-19-A (Santa Catalina Island Company, Los Angeles Co.) Request by Santa Catalina Island Co. for new permit term for continued operation of commercial underwater tourist attraction (Sea Trek) in Descanso Bay, at Descanso Bay, Avalon, Los Angeles County. (CP-LB)

SOUTH CENTRAL COAST DISTRICT

20.  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.

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

 Motion and Vote

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

a.  City of Oxnard LCP Amendment No. OXN-MAJ-1-12. Time Extension. Public hearing and action to extend the time limit for action for one year on City of Oxnard’s request to amend its certified Coastal Land Use Plan and Coastal Zoning Code to add schools as an allowable use within the Coastal Planned Community/Mandalay Bay Specific Plan zone, City of Oxnard, Ventura County. (DC-V)
 
 Motion and Vote

b.  City of Malibu LCP Amendment No. MAL-MAJ-2-11-A. Time Extension. Public hearing and action to extend the time limit for action for one year on City of Malibu’s request to amend its certified Land Use Plan and Local Implementation Plan to change the development standards, permitted and conditionally permitted uses, and related provisions related to the Institutional Zone District, City of Malibu, Los Angeles County. (DC-V)

 Motion and Vote

c.  County of Ventura LCP Amendment No. VNT-MAJ-1-12. Time Extension. Public hearing and action to extend the time limit for action for one year on County of Ventura’s request to amend its certified Local Implementation Plan to change the zoning designation of one 7-acre parcel (APN: 700-0-260-140) from Coastal Rural Exclusive, 5-acre minimum parcel size (CRE-5 ac) to Coastal Rural Exclusive, 2-acre minimum parcel size (CRE-2 ac), Ventura-Los Angeles County Line, Ventura County. (JB-V)
 Motion and Vote

23. 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 23a below on May 8.]

a.  Application No. 4-11-069 (Santa Barbara County Flood Control District, Goleta Slough) Application of Santa Barbara County Flood Control District for annual desilting program for five years to remove up to 250,000 cu.yds. of sediment per year from lower Atascadero Creek, San Jose Creek, San Pedro Creek & main channel of Goleta Slough, breach mouth of Goleta Slough 1-3 times/year, and place suitable dredged sediment in surfzone at Goleta Beach County Park, Goleta, Santa Barbara County. (AT-V)
 
 Motion and Vote

b.  Application No. 4-11-026 (California Department of Transportation, (Caltrans), Ventura Co.) Application of Caltrans to demolish approx. 1,800 linear ft. of existing seawall; remove approx. 1,800 linear ft. of existing rock revetment; and replace with new 1,800 linear ft. seawall in a further landward location; construct new public access stairway and new public access ramp to beach; install 3 new public access signs and 2 new Americans with Disabilities Act compliant parking spaces and signs; and repair and pave existing adjacent road shoulder and bicycle lane areas along seaward side of Pacific Coast Hwy between Post-miles 22.54 to 22.9 in Ventura County. (JB-V)
 
 Motion and  Vote

c.  Application No. 4-12-018 (Mukherjee, Los Angeles Co.) Application of Sarbojit Mukherjee to construct 2,002 sq.ft., 24-ft. high, 2–story single family home; detached 324 sq.ft., 2-car carport; retaining wall; driveway; stairway; septic system; temporary construction trailer; hammerhead turnaround; new fire hydrant; minor road improvements to Skyhawks Lane; new water line; 741 cu.yds. of grading (520 cu.yds. of cut and 221 cu.yds. of fill); and remove existing shed located at, 2515 Hawks Nest Trail, Topanga, Los Angeles County. (DV-V)

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

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

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

[An addendum has been appended to and correspondence received linked from the staff report for item 26a below on May 8.] 
 
a.  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)
 
 Motion and Vote
 Motion and Vote

b.  Monterey County LCP Amendment No. MCO-1-12 Part 2 (Carmel Highlands Rezonings). Application of Monterey County to amend LCP to change the maximum density for two Watershed and Scenic Conservation-zoned parcels in the Carmel Highlands area of Monterey County to allow: (1) 199.47 acres per unit for an approximately 600-acre parcel at 200 Crest Road; and (2) 11.46 acres per unit for an 11.46-acre parcel at 13 Mentone Drive. (MW-SC)

 Motion and Vote

27. 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. 3-10-034 (California Department of Transportation, (Caltrans), Monterey Co.) Application of Caltrans for both after-the-fact authorization and follow-up permit authorization (for development completed under emergency permits 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]

NORTH CENTRAL COAST DISTRICT

28.  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.

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

30. 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.

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:

City of Malibu v. CCC (Santa Monica Mountains Conservancy et al., RPI), Govt. Code, section 11126(e)(2)(A)
Fiery et al. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Hagopian et al. v. State of California, 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)
Mariposa Land Co. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Pacific Shores Property Owners Assn. v. Dept. of Fish & Game et al., Govt. Code, section 11126(e)(2)(A)
Ramirez Canyon Preservation Fund v. CCC (Santa Monica Mountains Conservancy et al., RPI), Govt. Code, section 11126(e)(2)(A)
SDS Family Trust v. CCC, Govt. Code, section 11126(e)(2)(A)
Tolowa Nations et al. 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).

STATEWIDE

31.  APPROVAL OF MINUTES.

32.  COMMISSIONERS' REPORTS.

33. CONSERVANCY REPORT.

34. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

35.  DEPUTY ATTORNEY GENERAL'S REPORT.

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

a.  Contract for Database Reporting Software for the Coastal Data Management System Upgrade. Commission authorization for Executive Director to enter into a contract for obtaining Database Reporting Software for the Coastal Data Management System Upgrade. (AW SF)

b.  Contract for Software Maintenance Agreement for the Coastal Data Management System Upgrade. Commission authorization for Executive Director to enter into a contract for Software Maintenance Agreement for the Coastal Data Management System Upgrade. (AW SF)

37.  COASTAL PROGRAM 40TH ANNIVERSARY REPORT. Staff presentation on accomplishments and implementation of the Commission's program in the North Central Coast Region. For more information, contact the Commission at (831) 427-4863

RECEPTION

A reception will be hosted by Sierra Club Marin Group, Natural Resources Defense Council, Environmental Action Committee of West Marin, Surfrider Foundation Sonoma Chapter, National Parks Conservation Association, Center for Biological Diversity, Coastwalk California, National Wildlife Federation, Committee for Green Foothills, West Marin - Sonoma Coastal Advocates, Turtle Island Restoration Network, Sierra Club, and the Osher Marin Jewish Community Center. It will be held at the Osher Marin Jewish Community Center, Wednesday, May 9, 2012 beginning at 4:30 pm or as soon as the Commission meeting adjourns that day. Members of the public are welcome to attend. Space is limited. To RSVP, contact Amy Trainer, calcoastaladvocates@gmail.com for more details.