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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.

THURSDAY, MARCH 7, 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 (Los Angeles County)

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

a. Application No. 5-12-317 (City of Long Beach Public Works (DPW), Long Beach) Application of City of Long Beach, DPW to replace existing public restroom on beach with new 1-story, 12-stall public restroom in same location, on beach adjacent to bicycle/pedestrian path near Cherry Ave & East Ocean Blvd., at 2100 E. Ocean Blvd., Long Beach, Los Angeles County. (CP-LB)

b. Application No. 5-12-343 (Ennis, Playa Del Rey) Application of Thomas Ennis to add 887 sq. feet to existing 3,651 sq.ft., 3- story, 3-unit apartment, at 6955, 6955 1/2, 6957 S. Trolley Way, Playa Del Rey, Los Angeles County. (AP-LB)

c. Application No. 5-13-002 (Mass, Pacific Palisades) Application of Ronald and Pamela Mass to add 50 sq. feet to existing 3,235 sq.ft. single-family home, replace windows, remove and replace guard rails on existing retaining wall, and construct new swimming pool and spa, at 341 Alma Real Dr., Pacific Palisades, Los Angeles County. (AP-LB)

SAN DIEGO DISTRICT

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

a. Application No. 6-12-078 (Farmar, San Diego Co.) Application of Pete & Monica Farmar to construct 1,255 sq.ft. detached garage, 825 sq.ft. second dwelling unit, 500 sq.ft. pool cabana and convert 98 sq.ft. existing garage to habitable space; also proposed is additions totaling 450 sq.ft. to existing 5,278 sq.ft. single-family home with attached 750 sq.ft. garage on a 145,926 sq.ft. lot, at 4366 La Noria, Rancho Santa Fe, San Diego County. (ES-SD)

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

b. Application No. 6-12-087 (Cities of Carlsbad, & Oceanside Coastal Rail Trail) Application from Cities of Carlsbad and Oceanside to construct Carlsbad Coastal Rail Trail Reach 1 which includes: 1) construction of Coastal Rail Trail segment; 2) installation of Class 1 bike lanes; 3) construction of sidewalk; 4) restripe roadway from three to two lanes; 5) construction of round-a-bout; and 6) landscaping, at Hwy 101/Carlsbad Blvd from Eaton Street in Oceanside, south along Coast Hwy 101/Carlsbad Blvd to Oak Ave in Carlsbad, Oceanside and Carlsbad, San Diego County. (GB-SD)

c. Application No. 6-13-2 (Verizon Wireless, San Diego) Application of Verizon Wireless to construct 240 sq.ft. unmanned wireless communication facility and install 9 antennas mounted on 2 new light standards within the City of San Diego ROW, at West Mission Bay Dr. Exchange to Sunset Cliffs Blvd., Mission Bay Park, San Diego, San Diego County. (AL-SD)

ENFORCEMENT

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

8.  Commission Cease and Desist Order Amendment No. CCC-09-CD-01-A (Ackerberg – Malibu, Los Angeles Co.) Public hearing and Commission action on proposed amendment to a previously issued Cease and Desist Order to modify existing language of the Order to address all Coastal Act related claims, including the removal of unpermitted development from vertical and lateral public access easements, opening up of the easements, and resolution of civil liabilities, among other things; directed to Lisette Ackerberg, in her individual capacity and as trustee of the Lisette Ackerberg Trust; for property located 22466 and 22500 Pacific Coast Highway, Malibu, Los Angeles County. (ANM-SF)
 Motion and  Vote
 
[ Items 9 and 10, below, share a single, combined staff report.]
 
 Motion and Vote
 Motion and Vote

9. Consent Cease and Desist Order No. CCC-13-CD-02 (Caribbean Dana Point Investors LLC, Dana Point, Orange Co.) Public hearing and Commission action on proposed Consent Cease and Desist Order regarding property at 32354 Caribbean Drive, Dana Point 1) prohibiting Caribbean Dana Point Investors LLC ("Caribbean") from undertaking unpermitted development on the property; 2) directing Caribbean to cease and desist from maintaining, and to remove, unpermitted development on the property, and restore graded roads, most of which are located within an Environmentally Sensitive Habitat Area ("ESHA"); 3) to restore, maintain, and preserve ESHA on the property; and 4) to fund a native habitat restoration project in coastal Orange County. (AJW-LB)

10. Consent Restoration Order No. CCC-13-RO-02 (Caribbean Dana Point Investors LLC, Dana Point, Orange Co.) Public hearing and Commission action on proposed Consent Restoration Order directing Caribbean Dana Point Investors LLC to remove unpermitted development and restore graded roads, most of which are located within an Environmentally Sensitive Habitat Area ("ESHA"), and to restore ESHA, on property at 32354 Caribbean Drive, Dana Point, and to fund a native habitat restoration project in coastal Orange County. (AJW-LB)

SOUTH COAST DISTRICT (Los Angeles County)

11.  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.

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

13. 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. 5-06-460-A3 (Orange County Flood Control District, Long Beach) Request by Orange County Flood Control District for implementation of habitat mitigation and monitoring program, including wetland restoration and re-vegetation, to mitigate impacts associated with construction of 9,486 sq.ft. stormwater pump station at Los Alamitos Retarding Basin. Includes relocation of 2 propane tanks out of wetland, south of Second St. and San Gabriel River, City of Long Beach, Los Angeles County. (CP-LB)
 
 Motion and Vote

SOUTH CENTRAL COAST DISTRICT

14.  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.

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

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

[An addendum has been appended to the staff report for item 16a below on March 6.]

a.  County of Santa Barbara LCP Amendment No. MAJ-4-11 (Time Extensions Due to Economic Hardship). Public hearing and action on request by the County of Santa Barbara to amend Article II, Coastal Zoning Ordinance, of Chapter 35, Zoning, of the Santa Barbara County Code, by amending Division 35.11, Permit Procedures, to add a new Section 35-179A that will 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, Santa Barbara County. (AG-V)
 Motion and Vote
 Motion and Vote

[An addendum has been appended to the staff report for item 16b below on March 6.]

b.  City of Oxnard LCP Amendment No. OXN-MAJ-1-12. Public hearing and action on request by the City of Oxnard to amend its certified Coastal Land Use Plan and Coastal Zoning Ordinance 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
 Motion and Vote
 Motion and Vote
 Motion and  Vote

17. NOTICE OF IMPENDING DEVELOPMENT.

a.  Application No. CIH-NOID-1-12 (Channel Islands Harbor) Application of Channel Islands Harbor to construct 1 acre public park on vacant landside parcel within Channel Islands Harbor, to include temporary public dock, native landscaping, interpretive signage, children's play area, and site improvements. Public stairways, sidewalks, and benches, landscaping and other site improvements will be installed throughout public park without any substantial grading or landform alteration, located adjacent to Channel Islands Harbor Blvd. Bridge, Channel Island Harbor, Ventura County. (MA-V)

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. 4-12-065 (Ventura Port District, San Buenaventura) Application of the Ventura Port District to demolish 266 ft. wide, 6 lane, existing concrete public boat launch, and replace with new 170 ft. wide, 6 lane, public boat launch with 50 ft. non-motorized, personal watercraft launch area; add 2,500 tons of rock revetment; and install boarding floats, piles, abutments, and lighting at Ventura Harbor, City of San Buenaventura, Ventura County. (JB-V)
 Motion and Vote

SAN DIEGO COAST DISTRICT

19.  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.

a.  City of Carlsbad LCP Amendment No. CAR-MAJ-2-11A (Reasonable Accommodations) Certification Review. Concurrence with the Executive Director's determination that the action by the City of Carlsbad accepting certification of LCP Amendment 2-11A (to amend the certified implementation plan to provide citywide changes for reasonable accommodations) with modifications is legally adequate. (TR-SD)

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

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

a.  City of Carlsbad LCP Amendment No. CAR-MAJ-1-12 (Non-Conforming Buildings and Uses). Public hearing and action on request by the City of Carlsbad to amend several chapters of its Implementation Plan (IP) including replacing Chapter 21.48 – Nonconforming Building and Uses in its entirety, and amending other relevant chapters to encourage the rehabilitation of nonconforming buildings and uses. (TR-SD)
 
 Motion and Vote
 Motion and Vote
 
b.  City of San Diego LCP Amendment No. SAN-MAJ-5-11A (Airport Land Use Compatibility Plan Implementation). Public hearing and action on request by the City of San Diego to amend four community plans and adopt ordinance revisions to establish the Airport Land Use Compatibility Overlay Zone. (KB-SD)
 Motion and Vote
 Motion and Vote

c.  City of San Diego LCP Amendment No. SAN-MAJ-5-11B (7th Update LDC). Public hearing and action on request by the City of San Diego to amend its certified implementation plan by adopting revisions to the Land Development Code for the 7th Update. (AL-SD) [POSTPONED]

d.  City of Imperial Beach LCP Amendment No. IMB-MAJ-1-12 (Commercial/Recreation-Ecotourism). Public hearing and action on request by the City of Imperial Beach to amend certified LCP Land Use Plan and Implementation Plans to create a new land use category and related zoning chapter to support new commercial/recreation and ecotourism uses; redesignate one property located north of Cypress between Florence and 13th Streets from Residential Two Family to Commercial/Recreation-Ecotourism and rezone site from R-3000-D to C/R-ET. (DL-SD)
 Motion and Vote
 Motion and Vote
 Motion and Vote

[An addendum has been appended to the staff report for item 21e below on March 6.]

e.  City of Imperial Beach LCP Amendment No. IMB-MAJ-3-12 (Medical Marijuana). Public hearing and action on request by the City of Imperial Beach to amend certified LCP Implementation Plan to prohibit medical marijuana distribution facilities in all zoning districts. (DL-SD)
 Motion and Vote
 
f.  City of San Diego LCP Amendment No. SAN-MAJ-5-12 (Outdoor Lighting Regulations) 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 San Diego to amend sections of its Implementation Plan (IP), the certified Land Development Code, to establish updated Outdoor Lighting Regulations. (DNL-SD)
 Motion and Vote

22. NEW APPEALS. See AGENDA CATEGORIES .

a.  Appeal No. A-6-NOC-12-5 (Sorrento Valley Holdings, San Diego) Appeal by Commissioners Sanchez and Stone from decision of City of San Diego granting permit with conditions to Sorrento Valley Holdings I L.P., and II L.P. for construction of 2-story, 39 ft.-high, 33,368 sq.ft. office building and 3-story, 39 ft.-high, 58,970 sq.ft. office building with 305 at-grade/underground parking spaces on a 14.35 ac. hilltop property. Also proposed is 340 ft.-long, 26 ft.-wide access road, landscaping, grading, retaining walls and drainage improvements, at 11965 and 12025 Sorrento Valley Rd, Torrey Pines, San Diego, San Diego County. (TR-SD) [POSTPONED]

[I tems 22b, 22c and 22d, below, share a single, combined staff report.]
[An addendum has been appended to the combined staff report for items 22b, c and d below on March 6.]
 Motion and Vote
 Motion and Vote
 Motion and Vote

b.  Appeal No. A-6-OCN-12-54 (Revx Pacific North, Oceanside) Appeal by Beachin, LLC c/o Transcontinental Management from decision of City of Oceanside granting permit with conditions to Revx Pacific North, LLC for conversion of existing 4,501 sq. ft., 27 ft. high, single family home into a duplex to include a 1,409 sq.ft. second story addition and a new third story resulting in a 35 ft. high, 5,910 sq. ft. duplex structure with an attached 861 sq. ft. garage, on a 3,250 sq. ft. lot, at 811 South Pacific St., Oceanside, San Diego County. (TR-SD)

c. Appeal No. A-6-OCN-12-55 (Evergreen Hebron, Oceanside) Appeal by Beachin, LLC c/o Transcontinental Management from decision of City of Oceanside granting permit with conditions to Evergreen Hebron, L.P. for conversion of existing 4,501 sq. ft., 27 ft. high, single family home into a duplex to include a 1,409 sq.ft. second story addition and a new third story resulting in a 35 ft. high, 5,910 sq. ft. duplex structure with an attached 861 sq. ft. garage, on a 3,250 sq. ft. lot, at 813 South Pacific St., Oceanside, San Diego County. (TR-SD)

d. Appeal No. A-6-OCN-12-56 (Revx Pacific South, Oceanside) Appeal by Beachin, LLC c/o Transcontinental Management from decision of City of Oceanside granting permit with conditions to Revx Pacific South, LLC for conversion of existing 4,501 sq. ft., 27 ft. high, single family home into a duplex to include a 1,409 sq.ft. second story addition and a new third story resulting in a 35 ft. high, 5,910 sq. ft. duplex structure with an attached 861 sq. ft. garage, on a 3,250 sq. ft. lot, at 815 South Pacific St., Oceanside, San Diego County. (TR-SD)

[Additional exhibits have been appended to the staff report for item 22e below on February 25.]

e.  Appeal No. A-6-PSD-13-5 (Sunroad Enterprises, San Diego) Appeal by Commissioners Sanchez & Brennan from decision of Port of San Diego exempting permit for Sunroad Enterprises to demolish existing 4-deck, approx. 20,000 sq.ft. restaurant constructed on a floating barge tethered in the water and construct 4,800 sq.ft. of primarily unenclosed function space on the existing barge; construct new 1-story restaurant building on the land adjacent to the barge consisting of approx. 12,220 sq.ft. of enclosed floor area and 15,285 sq.ft. of exterior spaces and decks for outside dining venues and lounge space; reconfigure 308 space parking lot to 306 spaces, including 10 tandem spaces and remove and replace parking lot trees, at 880 Harbor Island Drive, Port District, San Diego, San Diego County. (DL-SD) [POSTPONED]

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.

a.  Appeal No. A-6-ENC-11-73 (Gordon, Encinitas) Appeal by Commissioners Mitchell & Brennan from decision of City of Encinitas decision granting permit with conditions to Matthew Gordon for removal of portions of private unpermitted access stairway constructed on bluff-face leading from blufftop to beach, retention of portions of unpermitted stairway and retaining walls, and construction of replacement railroad ties and retractable staircase element on upper bluff, at 876 & 878 Neptune Ave., Encinitas, San Diego County. (ES-SD) [POSTPONED]

[An addendum has been appended to the staff report for item 23b below on March 6.]

b.  Application No. 6-12-041 (Lampl & Baskin, Encinitas) Application of Jack Lampl & Scott Baskin to construct structural and aesthetic improvements to existing 67 ft.-long, 37 ft.-high seawall, 15 ft.-long, 8 ft. high mid-bluff retaining wall, and 50 ft.-long, 20 ft.-high upper bluff retaining wall; and construct 2 geogrid structures which include landscaping and temporary irrigation on bluff face, at 676/678 and 660 Neptune Ave., Encinitas, San Diego County. (ES-SD)

c.  Application No. 6-12-081 (Lonsdale, San Diego Co.) Application of Paul & Leah Lonsdale to construct 3,499 sq.ft., 1-story single family home with attached 825 sq.ft. garage, pool and solar panel system on 125,366 sq.ft. vacant lot; also proposed is approx. 4,420 cu.yds. of balanced grading, at 3997 Stonebridge Court, Rancho Santa Fe, San Diego County. (ES-SD)