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MARCH 2013 AGENDA

THE BAHIA RESORT HOTEL
998 WEST MISSION BAY DRIVE
SAN DIEGO, CA 92109
(415) 407-3211

Phone number will only be in service when the meeting is in session.

Please note: agenda items are subject to change.

8:30 A.M.

WEDNESDAY, MARCH 6, 2013

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  AGENDA CHANGES.

4.  GENERAL PUBLIC COMMENT. Public comments will be heard at 8:30 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. CONSENT CALENDAR. See AGENDA CATEGORIES.

a.  Application No. 5-12-224 (Shah, Newport Beach) Application of Shirish Shah to demolish single-family home and construct new 2,043 sq.ft., 29-ft. tall, 3-story single-family home with attached 376 sq.ft., 2-car garage on beach front lot, at 2600 W. Ocean Front, Newport Beach, Orange County. (FSY-LB) [WITHDRAWN]

NORTH CENTRAL COAST DISTRICT

6.  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.

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

8. NEW APPEALS. See AGENDA CATEGORIES .

[An amendment was appended to the staff report for item 8a below on March 5.]

a.  Appeal No. A-2-SMC-10-15 (Irizarry, San Mateo Co.) Appeal by Delia Comito of San Mateo County decision granting permit with conditions to Jim Irizarry for construction of 3-story, 9-unit residential condominium complex, at 121-137 Avenue Cabrillo in the unincorporated El Granada area of San Mateo County. (ND-SF)
 Motion and Vote

9. 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. A-2-MAR-10-22 (Magee & Brader, Marin Co.) Application of Tony Magee & Carissa Brader to develop agriculture operations consisting of sheep grazing, vegetable and fruit production, a vineyard to supply on-site brandy distillery, equipment and brandy barns, equipment shed, greenhouse, hopyard shelter and sheep shelters, farmhouse and garage, affirmative agricultural easement, and supporting infrastructure (utilities, water wells and tanks, septic system and leach field), at 17990 Shoreline Highway (inland side of Highway 1) near Marconi Cove in the unincorporated Marshall area of Marin County. (LS-SF) [POSTPONED]

b.  Application No. A-2-MAR-09-10 (Crosby, Muir Beach) Application of Timothy Crosby to construct a 1,589 sq.ft. addition to a 2,058 sq.ft. single-family home on a roughly one-acre lot at 9 Ahab Drive in the Muir Beach area of Marin County. (KK-SF) [POSTPONED]

10. RECONSIDERATION. See AGENDA CATEGORIES .

a.  Reconsideration No. A-2-SMC-11-32-R (Cattermole, San Mateo Co.) Reconsideration of Commission action to deny permit to George and Mary Cattermole for 1) subdivision of 12.4-acre parcel into four parcels and 2) development of two single-family homes on one of the proposed parcels, at 7625 Stage Road in the unincorporated San Gregorio area of San Mateo County. (ND-SF) [POSTPONED]

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.

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

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

a.  Monterey County LCP Amendment No. 1-11 (Housing). Public hearing and action on request by Monterey County to amend LCP’s housing regulations, including related to affordable housing, accessory dwelling units, homeless shelters, transitional and employee housing, density bonuses and incentives throughout the Monterey County coastal zone. (MW-SC) [WITHDRAWN]

b.  City of Grover Beach LCP Amendment No. 1-12 Part 1 (Grover Beach Lodge). Public hearing and action on request by City of Grover Beach to amend the LCP to modify development standards and allowed uses along Grand Avenue at Pismo State Beach to facilitate development of a lodge and conference center. (SR-SF) [POSTPONED]

14. NEW APPEALS. See AGENDA CATEGORIES .

[Additional correspondence appended to the below staff report for item 14a on March 5.]

a.  Appeal No. A-3-MRB-12-26 (Hough, San Luis Obispo Co.) Appeal by Dorothy Cutter & Betty Winholtz of City of Morro Bay decision granting permit with conditions to John & Alair Hough for construction of new 2,829 sq.ft. single family home with 700 sq.ft. garage, at 281 Main Street, Morro Bay, San Luis Obispo County. (ND-SF)
 Motion and Vote

SOUTH COAST DISTRICT (Orange County)

15.  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.

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

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

[Correspondence has been appended to the staff report for item 17a below on March 5.]

a.  City of Newport Beach LCP Amendment No. NPB-MAJ-1-12 (Marina Park Height Limit). Public hearing and action on request by City of Newport Beach to amend Policy 4.4.2-1 of the Land Use Plan to include an exception to the 35-ft. Shoreline Height Limitation Zone to allow for a single, up to 73-foot tall, architectural tower feature at Marina Park, at 1600 West Balboa Boulevard, Newport Beach, Orange County. (FSY-LB)
 Motion and  Vote
 Motion and  Vote
Amending  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.

[An addendum has been appended to the staff report for item 18a below on March 6.]

a.  Application No. 5-11-178 (Cervantes-Morehart, Newport Beach) Application of Lisa Cervantes-Morehart to install new concrete bulkhead 10-feet bayward of an existing building and extending the 60-ft. width of the property, with return walls at each end, to protect an existing business/commercial building, at 2808 Lafayette Rd., Newport Beach, Orange County. (FSY-LB)
 Motion and  Vote

[An addendum has been appended to the staff report for item 18b below on March 6.]

b.  Application No. 5-12-134 (City of Newport Beach Fire Rings Removal) Application of City of Newport Beach to remove 60 fire rings from city beaches, including 33 fire rings east and west of Balboa Pier and 27 fire rings from Corona del Mar State Beach, Newport Beach, Orange County. (RAB-LB)
 Public Comment on Item
 Motion and Vote

c.  Application No. 5-12-155 (Jahangiri & Levering, Newport Beach) Application of Reza Jahangiri and Kate Levering to demolish 3,158 sq.ft. single-family home and construct new, 3,978 sq.ft., 15 ft.10 in. high single family home, on bluff top lot, at 1638 Galaxy Dr., Newport Beach, Orange County. (JDA-LB) [POSTPONED]

d.  Application No. 5-12-198 (Blue Lagoon Community Association, Laguna Beach) Application of Blue Lagoon Community Association to return existing rock revetment to original design configuration through addition of 860 tons of imported or retrieved rock, at 30781 Pacific Coast Hwy, Laguna Beach, Orange County. (JDA-LB) [POSTPONED]

e.  Application No. 5-12-246 (Howard & Kurnick, San Clemente) Application of Kirk G. Howard & Bill Kurnick to repair surficial slope failure across 2 properties on coastal canyon by constructing caisson supported retaining walls, drainage improvements and landscaping on canyon slope; remove unpermitted temporary slope erosion control measures within canyon, at 380 & 400 Avenida La Costa, San Clemente, Orange County. (LR-LB)

f Application No. 5-12-268 (City of Huntington Beach, Huntington Beach) Application of City of Huntington Beach to demolish 4 sewer lift stations and 12 manholes, construct 1 new lift station, and install 12 in. and 15 in. gravity sewer pipe, at Pacific Coast Highway and Warner Avenue Right of Way between North Pacific Ave & Edgewater Lane, Huntington Beach, Orange County. (JDA-LB) [POSTPONED]

g.  Application No. 5-12-303 (Mesa Consolidated Water District, Newport Beach) Application of Mesa Consolidated Water Dist. for permanent authorization of emergency repairs to water main including removal of damaged 16-ft. long section of 42-in. diameter water main and replace with new pipe section, install 12 cu.yds. of gravel bedding, and to mow and temporarily cover 50’x200’ native and non-native vegetation for construction access and staging area, at San Diego Creek btwn Jamboree Rd and Sr-73, Newport Beach, Orange County. (JDA-LB)

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:

Access for All v. Ackerberg, Govt. Code, section 11126(e)(2)(A)
Altman et al. v. CCC, Govt. Code, section 11126(e)(2)(A)
CCC v. United States Department of the Navy et al., Govt. Code, section 11126(e)(2)(A)
Cannery Row Marketplace, LLC v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Cattermole v. CCC, Govt. Code, section 11126(e)(2)(A)
Coastal Environmental Rights Foundation, Inc. v. Inn at Sunset Cliffs, LLC (City of San Diego et al., RPI), Govt. Code, section 11126(e)(2)(A)
Hyman et al. v. CCC et al. (Crosby, RPI), Govt. Code, section 11126(e)(2)(A)
Mulryan Properties, LLLP 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

19.  APPROVAL OF MINUTES.

20.  COMMISSIONERS' REPORTS.

21.  CONSERVANCY REPORT.

22.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

23.  SANTA MONICA BAY RESTORATION REPORT.

24.  DEPUTY ATTORNEY GENERAL'S REPORT.

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

a.  Courier Service Contract. Public hearing and action by Commission authorizing Executive Director to enter into contract for courier services pouch and package delivery service between Commission offices and to and from Commission meeting sites. (CL/SH-SF)
 Motion and Vote

RECEPTION

RECEPTION. At the conclusion of the Commission’s meeting on Wednesday, March 6 or at 6:30 p.m., whichever is later, the Commission will attend a reception hosted by the environmental community in San Diego, at the Bahia Hotel. Members of the public are welcome to join the Commission but space is limited. Please email sierrasd@sbcglobal.net to make a reservation.