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SEPTEMBER 2012 AGENDA

CASPAR COMMUNITY CENTER
15051 CASPAR ROAD
CASPAR, CA 95420
(415) 407-3211

[See meeting map and directions.]

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

Please note: agenda items are subject to change.


9:00 a.m.

THURSDAY, SEPTEMBER 13, 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.

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

a. Application No. 5-12-57 (City of Long Beach Water Department) Application of City of Long Beach Water Dept. to install anodes to protect existing water lines, in three locations (one underground and two underwater), at Naples Canal, Alamitos Bay entrance and 2nd Street & Shopkeeper Rd., Long Beach, Los Angeles County. (CP-LB) [APPROVED]

b. Application No. 5-12-208 (229 Linnie Canal LLC, Los Angeles) Application of 229 Linnie Canal LLC, to demolish 1-story, 928 sq.ft. single-family home and detached garage on canal fronting lot, and construct 3-story, 30-ft. high, 3,631 sq.ft. single-family home with attached 2-car garage, at 229 Linnie Canal, Venice, Los Angeles, Los Angeles County. (CP-LB) [APPROVED]

ENFORCEMENT

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

[ Items 7.1 and 7.2 below share a single, combined staff report; an addendum has been linked from it on September 11.]
 
 Motion and Vote      Motion Withdrawn    Motion and  Vote   Motion and Vote

7.1.Consent Cease and Desist Order No. CCC-12-CD-04 (Linder, Malibu, Los Angeles Co.)Public hearing and Commission action on proposed Consent Cease and Desist Order authorizing and ordering Eric and Barbara Linder to: (1) cease and desist from maintaining existing unpermitted development and/or engaging in any further unpermitted development, including, but not limited to: removal of major vegetation; development within a deed-restricted area inconsistent with Coastal Development Permit (CDP) 5-85-057 including retaining/gabion walls; side-cast material; hardscaping, planters, non-native plants; wooden retaining structures; additions to a pre-existing path/trail including concrete stairs; irrigation equipment; horse corral with altered, flattened areas; fences; drainage devices; and (2) to undertake measures necessary to comply with the Coastal Act. Eric and Barbara Linder shall remove unpermitted development and development inconsistent with CDP 5-85-057, among other things, on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Numbers (APN) 4473-020-018, 4473-020-017, and County-owned 4473-020-903. The proposed Consent Order also includes provisions for resolving claims for injunctive relief and civil liability for undertaking development in violation of the Coastal Act. (RTA-SF) [APPROVED]

7.2.Consent Restoration Order No. CCC-12-RO-04 (Linder, Malibu, Los Angeles Co.)Public hearing and Commission action on proposed Consent Restoration Order authorizing and ordering Eric and Barbara Linder to: (1) remove unpermitted development including but not limited to: development within a deed-restricted area inconsistent Coastal Development Permit (CDP) 5-85-057 including retaining/gabion walls; side-cast material; hardscaping, planters, and non-native plants; wooden retaining structures; additions to a pre-existing path/trail including concrete stairs; irrigation equipment; horse corral with altered, flattened areas; fences; drainage devices; and (2) to undertake measures for restoration of those areas affected by the unpermitted development on property identified by the Los Angeles County Assessor’s Office as Assessor Parcel Numbers (APN) 4473-020-018, 4473-020-017, and County-owned 4473-020-903.  The proposed Restoration Order also includes provisions for resolving claims for injunctive relief and civil liability for undertaking development in violation of the Coastal Act. (RTA-SF) [APPROVED]

 [Items 7.3 and 7.4 below share a single, combined staff report; an addendum has been linked from it on September 10.] 

 Motion and Vote
 
 Motion and Vote

7.3. Consent Cease and Desist Order No. CCC-12-CD-10 (Shea Homes Limited Partnership – Huntington Beach, Orange Co.)Public hearing and Commission action on proposed Consent Cease and Desist Order directing Shea Homes Limited Partnership to 1) stop conducting any further unpermitted development on properties located at 17301 Graham Street, Huntington Beach; Orange County Assessor Parcel Numbers 110-016-19, 110-016-20, and 110-016-23; 2) stop maintaining existing unpermitted development, and any associated results thereof, on the properties; 3) create, restore, and/or enhance wetlands on the properties; and 4) and pay to fund additional wetland restoration in coastal Orange County. (AJW-LB) [APPROVED]

7.4. Consent Restoration Order No. CCC-12-RO-10 (Shea Homes Limited Partnership – Huntington Beach, Orange Co.)Public hearing and Commission action on proposed Consent Restoration Order directing Shea Homes Limited Partnership to address unpermitted development consisting of grading resulting in wetland fill on properties located at 17301 Graham Street, Huntington Beach; Orange County Assessor Parcel Numbers 110-016-19, 110-016-20, and 110-016-23, through restorative actions including 1) desisting from conducting any further unpermitted development on the properties; 2) desisting from maintaining existing unpermitted development, and any associated results thereof, on the properties; 3) creating, restoring, and/or enhancing wetlands on the properties; and 4) and paying to fund additional wetland restoration in coastal Orange County. (AJW-LB) [APPROVED]

SOUTH COAST DISTRICT (Los Angeles County)

8.   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. [APPROVED]

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

 Motion and Vote
 
10. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.

11. NEW APPEALS. See AGENDA CATEGORIES.

12. 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. 5-12-139 (Verizon Wireless, Pacific Palisades) Application of Verizon Wireless for new 24-ft. high steel monopole with radome on top, and utility cabinet near base, for cellular communications, at 1451 Palisades Dr, Pacific Palisades, Los Angeles County. (AP-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

SOUTH CENTRAL 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 Ventura office at (805) 585-1800. [APPROVED]

14.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]  

 Motion and Vote
 
15. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.

a.   City of Port Hueneme LCP Amendment No. MAJ-1-12 (Housing, Density Bonus, and Reasonable Accommodations). Public hearing and action on request by the City of Port Hueneme to amend the zoning ordinance component of its certified Local Coastal Program to amend standards related to housing, density bonus provisions, and reasonable accommodation provisions, City of Port Hueneme. (AG-V) [APPROVED]

 Motion and Vote
 
b.  County of Ventura LCP Amendment No. MAJ-2-12 (Time Extension). Public hearing and action to extend the time limit for action for one year on the County of Ventura’s request to amend its certified Coastal Zoning Ordinance with numerous updates, land use clarifications, spelling and grammar corrections, permit processing procedures, and address regulatory topics including exemptions and reasonable accommodation provisions for disabled persons. (SG-V) [APPROVED]  

 Motion and  Vote

16. NEW APPEALS. See AGENDA CATEGORIES.

17. 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. 4-11-049 (Lowry, Los Angeles Co.) Application of Kelly and McKenzie Lowry for slope reconstruction consisting of 58.5 cu.yds. of new grading (1.5 cu.yds cut and 57 cu.yds. fill) and request for after-the-fact approval of 36 cu.yds. of cut and 46 cu.yds. of fill to remediate unpermitted grading on descending slope adjacent to existing home; remove unpermitted temporary wooden framing within excavated slope area; reinforce 30 sq.ft. wooden deck, and remove and replace 42 sq.ft. concrete slab between existing home and slope restoration area, located at 20006 Valley View Dr., Topanga, Los Angeles County. (AG-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

18. 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.

[ Items 18a and 18b below share a single, combined staff report; an addendum has been linked from it on September 10.]

 Motion and  Vote

 Motion and Vote 
 
 
a. Application No. 4-00-057-A3 (Morton, Malibu) Application of Peter Morton to amend permit to modify Special Condition 12 (Public View Corridor) to delete requirement for 20 percent of width of site to be maintained as a view corridor, and substitute requirement for dedication in fee of an off-site view corridor parcel at 22310 Pacific Coast Highway, Malibu, Los Angeles County. (DV-V) [APPROVED WITH CONDITIONS]
b. Application No. 4-01-100-A4 (Morton, Malibu) Application of Peter Morton to amend permit to modify Special Condition 6 (Public View Corridor) to delete requirement for 20 percent of width of site to be maintained as a view corridor, and substitute requirement for dedication in fee of an off-site view corridor parcel at 22258 Pacific Coast Highway, Malibu, Los Angeles County. (DV-V) [APPROVED WITH CONDITIONS]

NORTH COAST DISTRICT

19.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.[APPROVED WITH CONDITIONS]

 Motion and Vote
 
20. LOCAL COASTAL PROGRAMS (LCPs) See AGENDA CATEGORIES.

21. NEW APPEALS. See AGENDA CATEGORIES.

a.   Appeal No. A-1-DNC-12-021 (Elk Valley Rancheria, Del Norte Co.) Appeal by Commissioners Stone & Sanchez, and by Friends of Del Norte from decision of County of Del Norte granting coastal grading permit with conditions to Elk Valley Rancheria for reconstruction of and improvement to Humboldt Rd. from U.S. Hwy 101 to approximately 300 feet south of Roy Ave. by adding multi-use trail, paved shoulders, and round-about at intersection of Humboldt Rd. and Sand Mine Rd., located in Crescent City, Del Norte County. (MBK-E) [SUBSTANTIAL ISSUE FOUND, TO CONTINUE]

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.   Appeal No. A-1-MEN-09-34 (Marr& Malin,Mendocino Co.) Appeal by Albion Residents Association & Sierra Club from decision of County of Mendocino granting permit with conditions to Michael Marr& Judith Malin to construct 2,524 sq.ft., 21-ft. high single-family home with 634 sq.ft. attached garage, 329 sq. feet of covered porches and 24-ft. high detached accessory structure, which includes 1,516 sq.ft. garage/workshop, 501 sq.ft. guest cottage and 121 sq.ft. covered porch, upgrade existing encroachment onto Hwy One, construct 900-ft. long driveway, install construct trailer, install septic disposal system, drill water well and install water storage tank, at 2800 Highway One, Albion, Mendocino County. (TG-E) [POSTPONED]

b.   Appeal No. A-1-MEN-10-015 (Bethel & Hupp, Mendocino Co.) Appeal by Commissioners Shallenberger & Bloom from decision of County of Mendocino granting permit amendment with conditions to Barbara Bethel & John Hupp to modify permit granted for development of residence to substitute adding guest bedroom for previously approved guest cottage, alter approved building footprint and increase total development from 4,229 sq.ft. to 4,563 sq.ft., add additional windows, and authorize temporary occupancy of travel trailer during construction, at 9490 North Highway One, Mendocino, Mendocino County. (TG-E) [POSTPONED]

c.   Application No. 1-12-14 (Berry & Evans, Humboldt Co.)Application of Glen Berry & Cheri Evans to replace retaining wall, exterior walkway & stairs, at 98 Rayipa Lane, Trinidad, Humboldt County. (MBK-E) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

STATEWIDE

Georgia Pacific LLC requires all who are attending the field trip during the first stop at the Georgia Pacific mill site in Fort Bragg to sign the Release and Waiver of Liability form.  To expedite the completion and submittal of forms and to avoid delaying the start of the field trip, participants in the field trip are encouraged to (a) either download the  waiver form here [in Microsoft Word or PDF] or pick up a copy at the Commission meeting, (b) complete the form, and (c) bring the form with them to the field trip where it will be collected at the entrance to the Georgia Pacific mill site.  Additional copies of the form will be available at the site for those who cannot download the form or obtain one at the Commission meeting.  The Commission appreciates your cooperation.

 COMMISSION FIELD TRIP. The Commission will take a field trip starting at 2:30 p.m. or at the conclusion of the meeting, whichever is later, on Thursday, September 13, to visit the former Georgia Pacific mill site in Fort Bragg and various points of the coastal zone from Fort Bragg to the northern Mendocino coast. The field trip will commence from the entrance to the Georgia Pacific mill site at the western end of Cypress Street, west of Highway One, in Fort Bragg. Several stops will be made. Members of the public are invited to attend by following in their private vehicles and joining the Commission at designated stops. A more detailed itinerary will be available at a later date. For more information, please call the Commission’s North Coast District office in Eureka at (707) 445-7833.  [See the itinerary.]

RECEPTION

 RECEPTION. At the conclusion of the Commission field trip on Thursday 13, or at 6:00 p.m., whichever is later, the Commission will attend a reception hosted by the City of Fort Bragg, Congressman Mike Thompson, and Assemblymember Wes Chesbro at the historic Guest House Museum at 343 North Main Street, Fort Bragg. Members of the public are welcome to attend.