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APRIL 2013 AGENDA

EL CAPITAN CANYON RESORT
11560 CALLE REAL
SANTA BARBARA, CA 93117 (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, APRIL 10, 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.  ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-118 (Melville, San Clemente) Application of Mr. & Mrs. Albert & Linda Melville to remodel 1-story, 967 sq.ft. single-family home with attached 353 sq.ft. garage consisting of 629 sq.ft. interior living space addition plus 356 sq.ft. covered porch area; and demolish existing unpermitted wood deck, multiple retaining walls, railroad-tie stairs and fencing in coastal canyon and within five feet of coastal canyon edge, at 224 W. Avenida Palizada, San Clemente, Orange County. (LR-LB)

b. Application No. 5-12-227 (Twist, Newport Beach) Remove existing “U” shaped 616 sq.ft. boat dock, pier platform, gangway and three, 12” square concrete piles; reposition one existing 3-ft. square concrete T-pile; construct new “U” shaped 654 sq.ft. boat dock, pier platform, gangway and 3 new 14” square concrete piles, at 209 Via Lido Soud, Newport Beach, Orange County. (RAB-LB)

c. Application No. 5-12-240 (Anthony, Newport Beach) Application of Michael Anthony to remove and relocate existing dock to point five additional feet outward from sea wall including removal and relocation of 2 existing 12” square concrete piles; repositioning existing 3-ft. by 20-ft. gangway and no change to size of existing dock and pier platform, at 6 Balboa Coves, Newport Beach, Orange County. (RAB-LB)

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

a. Application No. 5-12-283 (Mertz, San Clemente) Application of Mr. & Mrs. Brian Mertz to install caisson and grade beam system to stabilize localized settlement of existing 12-car garage associated with 5 unit condominium building on coastal bluff top lot; proposed work also requires demolition of garage’s southeasterly wall where localized settlement has occurred, flatwork and steps adjacent to southeasterly property line; excavation to lower garage floor, re-construction of new southeasterly wall and re-construction of flatwork and steps, at 261 West Marquita, San Clemente, Orange County. (LR-LB)

b. Application No. 5-13-41 (Schaper, Newport Beach) Application of Ryan Schaper to construct new 2,547 sq.ft., 3-story, 27 ft.-tall single-family home with attached 420 sq.ft., 2-car garage and 616 sq.ft. roof deck, hardscape improvements, minimal planter landscaping, and request for after-the-fact approval of 8 ft.-deep by 30 ft.-wide concrete patio and 3 ft.-tall patio perimeter wall within City’s oceanfront encroachment area on oceanfront lot, at 1109 E. Balboa Blvd., Newport Beach, Orange County. (LR-LB)

SAN DIEGO DISTRICT

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

a. Application No. 6-12-27 (Solana Beach pump station access improvements) Application of City of Solana Beach to install concrete pavers at two locations on existing sewer pump station dirt access road and restoration of native habitat on approx. .03 acres adjacent to San Elijo Lagoon, at San Elijo Lagoon dirt access road beginning at north end of Rios Ave., Solana Beach, San Diego County. (ES-SD)

b. Application No. 6-12-79 (SANDAG, San Diego) Application of San Diego Association of Governments (SANDAG) to construct Segment 4 of Bayshore Bikeway, consisting of 1/2 mile long, 8-12 ft. wide Class I bike path, median and traffic signal modifications, signage, re-striping, removal and replacement of up to 10 Eucalyptus trees, landscaping, and 1,801 cu.yds. of grading, at eastern edge of Harbor Dr. right-of-way from 32nd St. to National City border, San Diego, San Diego County. (KB-SD)

NORTH 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 Arcata office at (707) 826-8950.

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

10. 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. 1-11-24 (Humboldt County Department of Public Works) Application of Humboldt County Dept. of Public Works to replace existing concrete bridge with new, 7-span reinforced concrete box culvert bridge, at Post Mile 1.69, Waddington Road, east of Ferndale, Humboldt County. (MBK-A)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

11.  ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY. Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development. For specific information contact the Commission’s Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240.

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

13. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  CD-008-13 (Navy, Southern California) Revised findings for Commission objection to Consistency determination by the U.S. Navy for the Southern California Portion of the Hawaii-Southern California Training and Testing (HSTT) Program, offshore waters of the Southern California Range Complex. (MPD-SF)
 Motion and Vote

14. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a.  CD-011-13 (Navy, San Diego) Consistency determination by U.S. Navy to replace existing fuel pier at Naval Base Point Loma, west side of San Diego Bay, San Diego, San Diego County. (KH-SF)

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.

a.  City of Huntington Beach LCP Amendment No. HNB-MAJ-2-11 (Flood, Signs, & Other Changes).Request by the City of Huntington Beach to amend the Implementation Plan (IP) portion of the certified Local Coastal Program (LCP) by making changes including: 1) modifying the flood overlay districts chapter to conform with FEMA requirements; 2) making a number of changes to the sign chapter; 3) changes to the design review chapter by modifying the composition and scope of the five-member Design Review Board (DRB); 4) reclassifying massage businesses to Personal Services use and to require massage professionals to obtain certification by the State; 5) regarding emergency shelters and transitional housing regulations; 6) modifying the definition of “kennel”; and 7) changes to the zoning map in the area of the Beach and Edinger Corridors Specific Plan which is outside the coastal zone, Huntington Beach, Orange County. (MV-LB)    
Motion and Vote  

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. 5-12-155 (Jahangiri & Levering, Newport Beach) Application of Reza Jahangiri and Kate Levering to demolish existing home and construct new, 3,978.7 sq.ft. 15-ft. 10-in. high single-family home, at 1638 Galaxy Dr., Newport Beach, Orange County. (JDA-LB)   
 Motion and Vote

b.  Application No. 5-12-160 (Golf Realty Fund, Newport Beach) Application of Golf Realty Fund to demolish tennis clubhouse, surface parking lot and 17 tennis courts and construct new 3,725 sq.ft. tennis clubhouse including pro shop, lobby, office and locker rooms, swimming pool, storage shed, 7,490 sq.ft. spa/fitness center, spa bar; tentative parcel map to subdivide 2 underlying lots into 8 lots; construct 5 single-family homes (from 2,201 – 6,384 sq.ft.) and 27 rental bungalows (from 570 – 2,485 sq.ft.) with 2,170 sq.ft. Guest Center and 50 parking spaces; hardscape and drainage improvements and new landscaping on 7 acre inland site, at 1602 E. Coast Hwy, Newport Beach, Orange County. (LR-LB)

c.  Application No. 5-12-260 (Evensen, Newport Beach) Application of Chris & Felicia Evensen to demolish 2,023 sq.ft. 2.5 level single-family home and demolish detached 1,346 sq.ft., 1-story, 3-car garage and carport at toe of bluff and construct new 3,880 sq.ft. 3-level single-family home at top of coastal bluff and construct detached 914 sq.ft., 1-story, 3-car garage at toe of bluff; retain existing bluff face stairway with changes to connect to new residence; construct new funicular on bluff face to provide secondary access between the home and garage, at 3225 Ocean Blvd (Corona del Mar), Newport Beach, Orange County. (FSY-LB)

 Motion and Vote

[Staff report for item 18d below has been modified on April 5.]

d.  Application No. 5-12-268 (City of Huntington Beach Public Works) Application of City of Huntington Beach to demolish 4 existing lift stations and 12 sanitary manholes, construct 1 new lift station, and install 12 in. and 15 in. gravity sewer pipe, at Pacific Coast Highway and Warner Ave., between North Pacific Ave. & Edgewater Lane, Huntington Beach, Orange County. (JDA-LB)

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.

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

21. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 21a below on April 9.]

a.  Appeal No. A-6-OCN-13-8 (Burgess, San Diego Co.) Appeal by Commissioners Shallenberger and Sanchez from decision of City of Oceanside granting permit with conditions to Chris Burgess for demolition of 2 existing residential structures providing 3 single-family homes and construction of 3-story duplex condominium structure (2,350 sq.ft. each unit), 1,402 of common area and two, 2-car garages on 6,285 sq.ft. oceanfront lot, at 1513 South Pacific St., Oceanside, San Diego County. (TR-SD)

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.  Application No. 6-12-17 (Lincoln Trust Company, San Diego) Application of Lincoln Trust Co. for after-the-fact authorization to convert 3 existing residential apartment units into 3 condominium units, landscape improvements, and remove unpermitted development within public right-of-way, at 2965 Ocean Front Walk, Mission Beach, San Diego, San Diego County. (AL-SD)

[An addendum has been appended to the staff report for item 22b below on April 9.]

b.  Application No. 6-13-4 (22nd District Agricultural Association, Del Mar) Application of 22nd District Agricultural Assoc. to widen existing turf horse race track with new imported bedding material, install runoff control system and raise existing berm surrounding infield pond by 3 feet, at 2260 Jimmy Durante Blvd., Del Mar, San Diego County. (AL-SD)

23. PERMIT AMENDMENTS. See AGENDA CATEGORIES description on page. 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.  Application No. 6-96-089-A2 (Casa De La Playa HOA, San Diego) Request by Casa De La Playa Homeowners Assoc. to amend permit for bluff and shore protection to extend 25 ft.-high upper bluff retaining wall approximately 55 feet southeast, at 4878 Pescadero Ave., Ocean Beach, San Diego, San Diego County. (ES-SD) [POSTPONED]

SOUTH 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 Ventura office at (805) 585-1800.

a.  County of Santa Barbara LCP Amendment No. MAJ-1-12-B (Pescadero Lofts). Certification Review. Concurrence with the Executive Director’s determination that action by the County of Santa Barbara, acknowledging receipt, acceptance, and agreement with the Commission’s certification with suggested modifications, is legally adequate. (AG-V)

b.  Gaviota Coastal Plan Briefing. Presentation from Commission staff, Santa Barbara County planning staff and representative from the citizen advisory group on the status and overview of the Gaviota Coast Plan (Santa Barbara County). (JA-V)

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

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

a.  County of Santa Barbara LCP Amendment No. MAJ-3-11-B (Telecommunications Facilities). Public hearing and action on request by the County of Santa Barbara to amend its certified Coastal Zoning Ordinance to modify the existing permitting procedures and development standards that regulate the construction and use of commercial telecommunications facilities. (AG-V)  
 Motion and Vote 
 Motion and Vote

[An addendum has been added to the staff report for item 26b below on April 9.]

b.  City of San Buenaventura LCP Amendment No. SBV-MAJ-1-12. Public hearing and action on request by the City of San Buenaventura to amend its certified Land Use Plan to increase the maximum number of allowable boatel/hotel units in the Central Harbor area of the Ventura Harbor from 70 to 133, City of San Buenaventura, Ventura County. (JB-V)
 Motion and Vote
 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.

[An addendum was appended to the staff report for item 27a below on April 9.]

a.  Application No. 4-04-120 (Wallis, Los Angeles Co.) Application of Gene and Martha Wallis to construct new 5,392 sq.ft., 2-story, 28 ft.-high single-family home, 720 sq.ft. attached garage, 1,250 sq.ft. detached workshop with 750 sq.ft. guest unit, swimming pool, septic system, entry gate, fencing, retaining walls, driveway, and 1,244 cu.yds. of grading (748 cu.yds. cut, 496 cu.yds. fill) at 1805 Cold Canyon Rd., Santa Monica Mountains, Los Angeles County. (DC-V)

b.   Application No. 4-12-051 (Ventura County Watershed Protection District, Oxnard and Port Hueneme) Application of the Ventura County Watershed Protection District to reconstruct the existing concrete walls and bottom of a 3,430 linear foot section of the J Street drainage channel and implement a drainage channel Operations and Maintenance Program and programmatic Beach Elevation Management Plan for five years at J Street Drain and Ormond Lagoon, in the Cities of Oxnard and Port Hueneme, Ventura County. (JB-V)
 
 Motion and  Vote

28. RECONSIDERATION. See AGENDA CATEGORIES.

a.  Application No. 4-12-003-R (Rydings, Los Angeles Co.) Reconsideration of Commission action to deny permit to Mark Rydings for construction of 8,180 sq.ft. (6,300 sq.ft. living area with 1,880 sq.ft. basement), 2-story, 26’8” ft. high single-family home with attached 815 sq.ft., 4-car garage, driveway, hammer-head turnaround, 8 retaining walls ranging in height from 1.7 ft. to 10.5 ft. high and totaling 1,176 linear feet of retaining wall, pool, spa, private septic system and private water main, vineyard, hardscaping, landscaping and irrigation system, minor widening of segments of Hawks Nest Trail and Skyhawk Lane as required by the Los Angeles County Fire Dept. and 7,896 cu.yds. of grading (6,455 cu.yds. of cut and 1,441 cu.yds. of fill), at 2525 Hawks Nest Trail, Topanga, Los Angeles County. (DV-V)
 Motion and  Vote

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:

Ballona Wetlands Land Trust v. CCC, (County of Los Angeles, RPI), 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)
City of Malibu v. CCC, (Santa Monica Mountains Conservancy et al., RPI), Govt. Code, section 11126(e)(2)(A)
Koligian 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)
Lynch et al. v. CCC, Govt. Code, section 11126(e)(2)(A)
McCarthy et al. 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

29.  APPROVAL OF MINUTES.

30.  COMMISSIONERS' REPORTS.

31.  CONSERVANCY REPORT.

32.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

33.  SANTA MONICA BAY RESTORATION REPORT.

34.  DEPUTY ATTORNEY GENERAL'S REPORT.

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

a.  Legislation. Legislative report and possible Commission action. (CL/SC-SF)  
 Motion and Vote
 Motion and Vote
 Motion and  Vote
 
b.  City of Redondo Beach Draft Post-LCP Certification Jurisdiction Map. Public hearing and action on draft map that depicts areas within the City of Redondo Beach that are subject to the Commission’s permit and appeal jurisdiction after transfer of permit authority pursuant to certification of the LCP. (JVC-SF)
 Motion and Vote
 
c.  City of Santa Cruz Revised Post-LCP Certification Jurisdiction Map. Public hearing and action on revised
map that depicts areas within the City of Santa Cruz that are subject to the Commission’s permit and appeal jurisdiction after transfer of permit authority pursuant to certification of the LCP. (JVC-SF)
 Motion and  Vote

RECEPTION

RECEPTION. At the conclusion of the Commission’s meeting on April 10, or at 6:00 p.m., whichever is later, the Commission will attend a reception hosted by various environmental organizations at the El Capitan Canyon Resort. Members of the public are welcome to join the Commission but space is limited. Please RSVP Nathan Alley at (805) 963-1622 to make a reservation.