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OCTOBER 2012 DRAFT AGENDA

OCEANSIDE CITY COUNCIL CHAMBERS
300 NORTH COAST HIGHWAY
OCEANSIDE, CA 92054


Please note: agenda items are subject to change.

9:00 a.m.

THURSDAY, OCTOBER 11, 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. 5-12-187 (Santa Catalina Island Co., Los Angeles Co.) Application of Santa Catalina Island Co. to renovate 3,050 sq.ft. commercial structure on waterfront for establishment and operation of new 250-seat restaurant, at 302 Crescent Ave., Avalon, Los Angeles County. (CP-LB)

b. Application No. 5-12-197 (Los Angeles Department of Water and Power, Long Beach) Application of Los Angeles Dept. of Water and Power to improve unpaved service road, including installation of reflective posts and 3,048-ft. long vinyl sheet pile wall along west bank of Haynes cooling channel, and addition of two inches of gravel along 3,800 ft. of roadway, at 6801 E. 2nd St., (Haynes Channel, south of 2nd St. & east of San Gabriel River), Long Beach, Los Angeles County. (CP-LB)

c.   Application No. 5-12-228 (Lee, Venice)Application of Shireen Lee to demolish one-story, 882 sq. ft. single-family home, and construct two-story, 33.25-ft. high, 1,715 sq. ft. single-family home and swimming pool, at 1310 Riviera Avenue, Venice, City of Los Angeles, Los Angeles County. (CP-LB)

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

a. Application No. 5-12-130 (Beach Club of Santa Monica, Santa Monica) Application of Beach Club of Santa Monica to demolish and replace 2,700 sq.ft. enclosed dining patio structure. Floor area, height and bulk will remain the same, at 201 Palisades Beach Rd., Santa Monica, Los Angeles County. (AP-LB)

b. Application No. 5-12-221 (Rogers, Hermosa Beach) Application of Mr. & Mrs. John& Lora Rogers to remodel and add 964 sq.ft. to existing 3733 sq.ft. single family home, resulting in 4,697 sq.ft., 25-ft. high single family home, at 3035 The Strand, Hermosa Beach, Los Angeles County. (JDA-LB)

SOUTH COAST DISTRICT (Orange County)

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

a. Application No. 5-11-297 (Walker, San Clemente) Application of Carol Ann Walker requesting to permanently authorize development allowed under emergency permit to repair damage to shotcrete retaining wall by installation of 66 ft. long by 21 ft. high shotcrete retaining wall, soil nails, and concrete drainage swale. Additional work also proposed includes installation of native landscaping for erosion control, at 1203 Buena Vista, San Clemente, Orange County. (JDA-LB)

b. Application No. 5-11-298 (Orange County Sanitation District, Huntington Beach & Newport Beach)Application of Orange County Sanitation District to permanently authorize development allowed under emergency permit to repair levee consisting of in-situ mixing of soil, cement and water (“soil mixing”) to reinforce levees. Additional soil mix reinforcement to levees (not yet undertaken) is also proposed to finalize repairs, at Santa Ana River West (Huntington Beach) & East (Newport Beach) Levees, Huntington Beach & Newport Beach, Orange County. (FSY-LB)

c. Application No. 5-12-166 (Lainer, Newport Beach) Application of Eleanor & Mark Lainer to demolish single family home and construct new 29-ft. high, 2-story, 5,620 sq.ft. single family home, including 724 sq.ft., 3-car garage, 400 sq.ft. mechanical room, and 362 sq.ft. balcony/deck. Grading consists of 200 cu.yds. (150 cu.yds. cut and 50 cu.yds. fill), at 920 West Oceanfront, Newport Beach, Orange County. (RAB-LB)

SAN DIEGO DISTRICT

8.  CONSENT CALENDAR. See AGENDA CATEGORIES.

 Motion and Vote
 
a. Application No. 6-12-58 (San Diego Gas & Electric, San Diego) Application of San Diego Gas & Electric to replace wooden transmission pole, with new wooden pole, on an island in San Dieguito Lagoon, approx. 500 ft. north of 1600 Racetrack View Dr., San Diego, San Diego County. (GB-SD)

ENFORCEMENT

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

9.1.  Cease and Desist Order No. CCC-12-CD-07 (Moore – Gualala, Mendocino Co.)Public hearing and Commission action on proposed Cease and Desist Order directing Greg and Sandra Moore to 1) cease and desist from conducting further unpermitted development and development inconsistent with CDP No A-1-MEN-07-021; 2) cease and desist from maintaining unpermitted development or development inconsistent with CDP No. A-1-MEN-07-021 including, but not limited to: graded and paved driveway, driveway roundabout, driveway apron, and walkways; fencing; a water spigot and associated plumbing; concrete and gravel slurry; and a propone tank; all located within designated ESHA and ESHA buffers; and 3) remove all physical items placed or allowed to come to rest on the property as a result of unpermitted development or development inconsistent with the CDP; on property located at 37900 Old Coast Highway, Gualala, Mendocino County (APN 145-121-03). (MSW-SF) [POSTPONED]

9.2. Restoration Order No. CCC-12-RO-07 (Moore – Gualala, Mendocino Co.)Public hearing and Commission action on proposed Restoration Order directing Greg and Sandra Moore to address unpermitted development, including removal of major vegetation and the results thereof, and placement and maintenance of graded and paved driveway, driveway roundabout, driveway apron, and walkways; fencing; a water spigot and associated plumbing; concrete and gravel slurry; and a propone tank; all located within designated ESHA and ESHA buffers, on property located at 37900 Old Coast Highway, Gualala, Mendocino County, through restorative actions including: 1) removing unpermitted development and development inconsistent with CDP A-1-MEN-07-021, 2) removing non-native vegetation, 3) restoring impacted areas by planting of native plant species, monitoring the restoration site, and mitigating for temporal habitat losses.  (MSW -SF) [POSTPONED]

SOUTH COAST DISTRICT (Los Angeles County)

10.  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.

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

12. PORT MASTER PLAN.

a.  Application No. PLA-PMPA-27 (Port of Los Angeles, Port of Los Angeles, City of Los Angeles) Application of Port of Los Angeles for port Master Plan Amendment to allow the creation of 0.9 acres of fill to allow existing boat repair shipyard to modernize and upgrade their existing facility in Fish Harbor at Berth 258, Port of Los Angeles. (AP-LB) [POSTPONED]

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.

a.  City of Ventura LCP Amendment No. SBV-MAJ-1-11 (Ventura Harbor Mixed Use Development) Certification Review. Concurrence with Executive Director’s determination that action by the City of Ventura, acknowledging receipt, acceptance, and agreement with the Commission’s certification with suggested modifications, is legally adequate. (JB-V)

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

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

a.  County of Santa Barbara LCP Amendment No. MAJ-1-12 (Time Extension). Public hearing and action to extend the time limit for action on the County of Santa Barbara’s request to amend its certified Local Coastal Plan including a Coastal Zoning Ordinance Amendment regarding mobile home park closure regulations (1-12-A) and a Land Use Plan Amendment to the Goleta Community Plan to change the land use designation of a parcel from 20 units per acre to 30 units per acre for 100 percent affordable housing, and a Coastal Zoning Ordinance Amendment to establish a new density of 30 units per acre and establish a 100 percent affordability requirement (1-12-B). (AG-V)    Motion and Vote

b.  Pepperdine University LRDP Amendment No. 1-11 (Time Extension). Public hearing and action to extend the time limit for action on Pepperdine University’s request to amend its certified Long Range Development Plan to implement the “Campus Life Project” consisting of the following six elements: (1) redevelop existing student housing and provide additional student residential capacity; (2) provide for a new multi-purpose Athletics/Events Center; (3) upgrade the existing soccer field for NCAA-compliant competition; (4) provide for a new Visitor Welcome Center with landscaped quad and two levels of underground parking at campus core; (5) place approx. 157,000 cu.yds. of excess fill generated by the Campus Life Project in the existing Marie Canyon debris basin and equestrian field, relocate the Marie Canyon debris basin further upstream, and provide for an improved intramural sports field upon the fill placement area; and (6) replace a surface parking lot with a multi-level parking structure, at Pepperdine University, City of Malibu, Los Angeles County. (DC-V)    Motion and Vote

16. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-4-STB-12-061 (Trust for Public Land and Devereux Creek Properties, Santa Barbara Co.) Appeal by John Olsen from decision of County of Santa Barbara granting approval of a permit for removal and demolition of employee housing and approval of tentative parcel map to divide 70.32 acres into 3 lots of 63.93 acres, 5.89 acres, and 0.50 acres, located at 6925 Whittier Dri., Goleta, Santa Barbara County. (AG-V)    Motion and Vote

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. 4-10-104 (ELN LLC, Malibu) Application of ELN LLC to construct new 7,913 sq.ft., 3-level, 35 ft.-high single-family home, swimming pool, septic system, water well, two underground water tanks, underground cistern, fire wall, fire suppression sprinkler system, entry gate, retaining walls, improvements to 1.18 miles of existing access road, and 16,750 cu.yds. of grading (12,250 cu.yds. cut, 4,500 cu.yds. fill) at 27835 Borna Dr., Santa Monica Mountains, Los Angeles County. (DC-V)    Motion and Vote

b.   Application No. 4-11-59 (California Dept. of Parks and Recreation, Malibu)Application of the California Dept. of Parks and Recreation to implement a 5-year habitat enhancement program to eradicate Arundo donax and other invasive vegetation and revegetate with native riparian vegetation along approx. 9 mile reach of Malibu Creek from Pacific Coast Highway to coastal zone boundary, Malibu and Los Angeles County. (AG-V)

c.   Application No. 4-12-19 (Bersohn, Malibu) Application of David Bersohn to construct new 3,003 sq.ft., 26 ft.-high single-family home, 720 ft. under house carport/workshop, 150 sq.ft. pump house with solar array, 2 water tanks, driveway, retaining walls, septic system, outdoor patio, temporary construction trailer, 20 ft.-long driveway gate, and 2,418 cu.yds. of grading (1,209 cu.yds. cut, 422 cu.yds. fill, and & 767 cu.yds. export) at 24810 Piuma Rd, Malibu, Los Angeles County. (AG-V)

d.  Application No. 4-12-37 (Douglas, Topanga) Application of Jesse Douglas to construct two-story 4,327 sq. ft single family home, 1,348 sq. ft detached garage and workshop, 742 sq. ft. guesthouse, trellis, driveway, turnaround, septic system, swimming pool, spa, retaining walls, water well, 16,500 gallon water tank (for Fire Department Purposes), landscaping, hardscaping, widening of Will Geer Road from 16 ft. to 20 ft., revegetation of approximately 10,000 sq. ft. cleared area, and approximately 344 cu. yds. of grading (222 cu. yds. cut, 122 cu. yds. fill), at 1370 Will Geer Road, Topanga, Los Angeles County. (MA-V)

SOUTH COAST DISTRICT (Orange County)

18.  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.

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

20. 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.

[Anaddendum has been linked from the staff report for item 20a below on October 8.]

a.  Application No. 5-11-68 (Shea Homes, Huntington Beach) Application of Shea Homes to subdivide and create 111 residential lots, additional lots for roads, conservation, public access and public park areas; construct 111single family homes and related infrastructure, and construct public active park, passive park, paseo park, public access trails, natural treatment system, habitat restoration, new storm drain system, new pump facility at Slater storm water pump station, improve flood control channel levee, flood protection feature, replace sewer pump, and new sewer force-main, occurring within vacant 50 acre area in Huntington Beach, at 17301 Graham Street (west of Graham Street north of Wintersburg Channel), Huntington Beach, Orange County. (MV-LB)       Motion and  Vote

b.   Application No. 5-12-21 (Brock, Laguna Beach) Application of Mr. Claude Brock to construct new 5,705 sq. ft., 25' tall, two-story single family detached custom home with detached 3-car garage, elevated terraces, retaining walls, spa, fountain, landscaping and fuel modification plan; 5,380 cu. yds. of grading , and after-the-fact request for lot merger on undeveloped hillside lot at 31 N. Vista De Catalina, Three Arch Bay, Laguna Beach, Orange County. (LR-LB)

c.   Application No. 5-12-103 (Newport Beach Country Club & Fainbarg-Feuerstein Properties et al., Newport Beach) Application of Newport Beach Country Club& Fainbarg-Feuerstein Properties, et al., to demolish existing 23,460 sq. ft. golf course clubhouse, ancillary facilities and surface parking lot and construct new facilities including, two-story, 47-ft. tall clubhouse, detached golf cart garage, maintenance building, snack bar, starter shack and restrooms, resulting in total of 69,088 sq. ft.; hardscape improvements to existing surface parking lot, and new landscaping on 131.5 acre site, at 1600 E. Coast Highway, Newport Beach, Orange County. (LR-LB)

d.   Application No. 5-12-168 (Fischer, Corona Del Mar) Application of Desmond Fischer to demolish 2-story single-family home and construct new 6,814 sq.ft., 3-story single-family home with basement (4-floors) with concrete mat slab foundation and caisson shoring walls and 390 sq.ft., 2-car garage on coastal bluff face; part of the upper level rooftop will be above curb height on Ocean Blvd; paving, retaining walls, landscaping and irrigation; grading consisting of 2,213 cu.yds. of cut and export to area outside of coastal zone, at 3725 Ocean Blvd, Corona Del Mar, Orange County. (FSY-LB) [POSTPONED]

21. 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.

[An addendum has been appended to the staff report for item 21a below on October 8.]

a.   Permit No. 5-97-367-A3 (Los Cerritos Wetlands Authority et. al., Seal Beach)Request by Los Cerritos Wetlands Authority et. al. for removal of lowlands deed restriction from one-half acre remnant parcel of Hellman Ranch and lot line adjustments to add that area to the adjacent single family residential lots, at 145, 205, 215, 225, 235 Surf Place, 835, 901, 905, 915, 925, 935, 945, 955, 965, 1001 Catalina Ave. (and Hellman Ranch; N.E of PCH (State Route 1), S.E. of San Gabriel River, south of Adolfo Lopez Dr., west of Seal Beach Blvd, and north of Marina Hill), Seal Beach, Orange County. (KFS-LB)

SAN DIEGO COAST DISTRICT

22.  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.

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

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

a.  City of Carlsbad LCP Amendment No. CAR-MAJ-2-11A (Reasonable Accommodation). Public hearing and action on request by the City of Carlsbad to amend its certified implementation plan to add Chapter 21.87 to the Municipal Code and incorporate procedure for revisions to land use and zoning regulations to provide reasonable accommodations to individuals with disabilities. (TR-SD)   Motion and Vote     Motion and Vote

b.  City of Carlsbad LCP Amendment No. CAR-MAJ-2-11B (Proposition D/Cannon Road AG/OS Land). Public hearing and action on request by the City of Carlsbad to amend both its certified land use and implementation plans to modify land use policies and adopt a new zoning classification to implement preservation of the flower and strawberry fields along both sides of Cannon Road, east of Interstate 5, consistent with local initiative. (TR-SD) [WITHDRAWN]

c.  City of Encinitas LCP Amendment No. ENC-MAJ-2-11 (Cardiff-By-The-Sea Specific Plan).Public hearing and action on request by the City of Encinitas to amend its certified Land Use and Implementation Plans to adopt the Specific Plan for the ‘Cardiff Business District/Downtown Cardiff’ area of Encinitas. (ES-SD)  

 Motion and Vote    Motion and Vote  Motion and Vote

d.  City of San Diego LCP Amendment No. NOC-MAJ-3-12 (Gables/Peppertree). Public hearing and action on request by the City of San Diego to amend the Carmel Valley Neighborhood 8 Land Use Plan and redesignate portion of site from Open Space to Low-Medium Density Residential (15-29 dua) and also rezone 3.43 acres of same site from CVPD-MF1 to CVPD-MF3 for parcel located at the southeast corner of Carmel Creek Road and Tang Drive. (DNL-SD) 

Motion and Vote   Motion and Vote 

e.  San Diego Port District Boundary Adjustment #6. Public hearing and action on request by the San Diego Unified Port District to amend its adopted port boundary map to modify the legal geographic boundary to include land acquisitions and exchanges associated with the Chula Vista Bayfront Master Plan. (DL-SD)   Motion and Vote  

25. 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-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 master permit for clearing of sediment and vegetation and maintenance of various drainages to provide flood control, at various drainages within coastal zone, San Diego, San Diego County. (LJM-SD) [POSTPONED]

b.   Application No. 6-12-8 (California State Parks, Coronado) Application of California State Parks to resurface RV campground, restripe campsites (resulting in the loss of 8 campsites), install electric and water hookups at each campsite with gravity sewer available at central location, and increase overnight rates by $15, at Silver Strand State Beach, 5000 Highway 75, Coronado, San Diego County. (AL-SD)   Motion and Vote

c.   Application No. 6-12-43 (SeaWorld, San Diego) Application of SeaWorld San Diego to renovate guest entrance area with new 1,900 sq.ft. ticket booth building, replacing existing turnstile structures with new structures varying in height from 17'-22', adding 5 new “touch” pools, a 1,000 sq.ft. support building, and 285 sq. ft. culinary facility, at 500 Seaworld Drive, Mission Bay Park, San Diego, San Diego County. (AL-SD)

26. 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. 6-84-578-A9 (Mira Costa Community College District, Encinitas) Request by Mira Costa Community College District to amend permit for construction of community college campus to install 4,347 sq. ft. single-story temporary modular classroom building within parking lot of existing campus, at north side of Manchester Ave., approx. 1/2 mile east of Interstate 5, Cardiff, Encinitas, San Diego County. (AL-SD)

b.  Permit No. 6-90-290-A2 (Tully, Solana Beach) Request by Tim Tully to amend permit for construction of two homes to remove unpermitted private lagoon access trail and restore approx. 0.15 acre area adjacent to San Elijo Lagoon, which includes unpermitted private lagoon access trail and portion of lagoon hillside below the trail, at 815 & 819 Seabright Lane, Solana Beach, San Diego County. (ES-SD)

Future Meetings: The next meetings of the Coastal Commission are November 14-16 in Santa Monica and December 12-14 in San Francisco.