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MAY 2013 AGENDA

MARIN CIVIC CENTER
BOARD OF SUPERVISORS CHAMBERS
3501 CIVIC CENTER DRIVE
SAN RAFAEL CA 94903
(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, MAY 8, 2013

1.  CALL TO ORDER.

2.  ROLL CALL.

STATEWIDE

[Addendum and comments have been provided for item 3 below on May 7.]

3.  Public Workshop: Agriculture in the Coastal Zone. Public workshop with panelist presentations and discussion focusing on agriculture in the coastal zone. (CL/RH-SF)
 Public Comment on Item
 Return to Staff
 Return to Commission

The Public Workshop will run from 8:30 a.m. to approximately noon.
The agenda will resume with item 4 following the lunch break, at approximately 1:00 p.m.

4.  AGENDA CHANGES

5.  GENERAL PUBLIC COMMENT. Public comments will be heard at 1:00 pm 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)

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

a. Application No. 5-13-45 (Zucchero, Long Beach) Application of Gregg Zucchero to remove private pier and dock float, and construct new 30-ft. long pier supported by three piles. Install new 32’x 36’ U-shaped dock float in same location as old float, at 5609 Sorrento Dr., Long Beach, Los Angeles County. (CP-LB)

b. Application No. 5-13-48 (Browning, Long Beach) Application of Kent Browning to remove private pier and dock float, and install new 55’x 26’ U-shaped dock float with new 38’x 3’ gangway; with removal of five existing piles and installation of three new piles, at 5508 The Toldedo, Long Beach, Los Angeles County. (CP-LB)

c. Application No. 5-13-50 (City of Long Beach Public Restrooms) Application of City of Long Beach to replace existing public restroom with new 1-story, 6-stall public restroom in same location, at 2630 E. Ocean Blvd. (on beach at terminus of Junipero Ave.), Long Beach, Los Angeles County. (CP-LB)

d. Application No. 5-13-51 (City of Long Beach Public Restroom) Application of City of Long Beach to replace existing public restroom with new 1-story, 8-stall public restroom in same location, at 5098 E. Ocean Blvd (on beach at terminus of Granada Ave. in Belmont Shore), Long Beach, Los Angeles County. (CP-LB)

SOUTH COAST DISTRICT (Orange County)

7.  ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-262 (Flynn & Vogler, Newport Beach) Application of Dan Flynn & Emily Vogler to remove 446 sq.ft. U-shape floating dock, 3' x 20' gangway, and 3, 10” diameter steel piles and install new U-shape floating dock, gangway, and 3 piles, all of the same size, shape and location, at 434 Harbor Island Dr., Newport Beach, Orange County. (RAB-LB)

b. Application No. 5-12-310 (Sullivan, Newport Beach) Application of Tim Sullivan to move the entire dock system from the westerly to the easterly elongation of the side of property line, including removal of four (4) existing 12” square concrete guide piles and replacement with two (2) new 18” square concrete guide piles (for the dock system) and two (2) new 3’ “T” piles (for the pier); add a 4’ x 8’ section to the pier; remove the existing 3’ x 20’ gangway and replace it with a new 3’ x 24’ gangway; and re-deck the existing float, at 1134 East Balboa Blvd., Newport Beach, Orange County. (FSY-LB)

c. Application No. 5-13-39 (Capistrano Shores, Inc., San Clemente) Application of Capistrano Shores, Inc. to replace electrical, CATV, telephone, gas, sewer and water lines servicing beachfront 90 unit mobile home park approx. 30 feet inland from current location along beachfront and abandoning existing lines in place, at 1880 N. El Camino Real (Capistrano Shores Mobile Home Park), San Clemente, Orange County. (LR-LB)

d. Application No. 5-13-76 (Ca. Department of Parks and Recreation, San Clemente) Application of Dept. of Parks and Recreation for Americans with Disabilities Act (ADA) compliant modifications and improvements to existing State Park campground campfire center, routes of travel, display panels, nine campsites and respective water stations, at 225 Avenida Califia, San Clemente State Beach Campground, San Clemente, Orange County. (LR-LB)

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

[An addendum has been appended to the staff report for item 8a below on May 7.]

a. Application No. 5-13-11 (Gant & Shelly Penick, San Clemente) Application of Gant & Shelly Penick to improve existing 4,974 sq.ft. single-family home with attached 3-car garage consisting of complete interior remodel including removal of 93 sq.ft. and addition of 189 sq.ft., new doors, new windows, exterior facade improvements, and new hardscape improvements on a 7,809 sq.ft. coastal bluff top lot, at 3826 Calle Ariana, San Clemente, Orange County. (LR-LB)

SOUTH COAST DISTRICT (Los Angeles County)

9.  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.

SOUTH COAST DISTRICT (Orange County)

10.  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.

a.  Laguna Beach LCP Amendment No. LGB-MAJ-2-11B. Certification Review. Concurrence with the Executive Director's determination that the action by the City of Laguna Beach accepting certification of LCP Amendment 2-11b (to amend the certified implementation plan to identify the zones in which residential care facilities and residential housing for people with special needs are allowed to operate, to revise definitions of certain terms in the zoning code, and to eliminate short term lodging as an allowable use in the South Laguna Village zone) with modifications is legally adequate. (KFS-LB)

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

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

a.  City of Laguna Beach LCP Amendment Request No. LGB-MAJ-1-13 (Floodplain Management & Height Limit). Time Extension. Public hearing and action to extend 60-day time limit for Commission action up to one year on a request by the City of Laguna Beach to amend the LCP by revising and updating Chapter 25.38 Floodplain Management, and, by modifying regulations related to maximum allowable building heights in the City. (MV-LB)
 
 Motion and Vote
 Motion and Vote

13. 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 13a below on May 7.]

a.   Application No. 5-12-191 (City of Huntington Beach, Huntington Beach) Application of City of Huntington Beach to replace asphalt concrete portion of road bed, removal and replacement of unsound concrete at bridge bents and columns, and restore rock revetment by placement and/or retrieval of 310 cu.yds. of 1/4 ton rock, at Warner Ave Bridge over Bolsa Chica Channel (between PCH & Sceptre Ln.), Huntington Beach, Orange County. (JDA-LB)

[An addendum has been appended to the staff report for item 13b below on May 7.]

b.  Coastal Development Permit Application No. 5-12-348 (Shea Homes, Huntington Beach) Application of Shea Homes to stockpile up to 130,000 cu.yds. of excess excavated/dredged material from the Orange County Public Works East Garden Grove Wintersburg (EGGW) flood control channel improvement project on the adjacent Shea Homes project site at 17301 Graham St. (west of Graham St. north of Wintersburg Channel), Huntington Beach, Orange County. (MV-LB)
 Motion and Vote

SAN DIEGO 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 San Diego office at (619) 767-2370.

a.  City of Oceanside LCP Amendment No. 2-10 (Wireless Communication Facilities) Certification Review. Concurrence with the Executive Director’s determination that the action by the City of Oceanside accepting certification of LCP Amendment No. 2-10 (modifying regulations for wireless communications) with modifications is legally adequate. (TR-SD)

b.  City of San Diego LCP Amendment No. SAN-MAJ-4-11-A (Community Gardens) Certification Review. Concurrence with the Executive Director’s determination that the action by the City of San Diego accepting certification of LCP Amendment No. 4-11-A (to adopt regulations for the development of community gardens) with one modification is legally adequate. (DNL-SD)

c.  City of Chula Vista LCP Amendment No. 1-11 (Chula Vista Bayfront) Certification Review. Concurrence with the Executive Director’s determination that the action by the City of Chula Vista accepting certification of LCP Amendment No. 1-11 (to adopt the Chula Vista Bayfront Master Plan/Specific Plan) with modifications is legally adequate. (DL-SD)

d.  City of Imperial Beach LCP Amendment No. 1-12 (C/R Ecotourism) Certification Review. Concurrence with the Executive Director’s determination that the action by the City of Imperial Beach accepting certification of LCP Amendment No. 1-12 (to adopt a new land use category and companion zoning for ecotourism development) with modifications is legally adequate. (DL-SD)

e.  City of Encinitas LCP Amendment No. ENC-MAJ-2-11 (Cardiff-by-the-Sea Specific Plan) Certification Review. Concurrence with the Executive Director’s determination that the action by the City of Encinitas accepting certification of LCP Amendment No. 2-11 ( to make revisions to the City’s certified Land Use map and incorporate the Cardiff-by-the-Sea Specific Plan into the City’s certified Implementation Plan) with modifications is legally adequate. (ES-SD)

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

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

a.  City of Carlsbad LCP Amendment No. CAR-MAJ-3-11 (Second Dwelling Unit Rent Restrictions). Public hearing and action on request by the City of Carlsbad to amend the certified implementation plan (Section 21.10.030/Second Dwelling Units) to eliminate affordable housing provisions on second dwelling units that are not constructed as part of the City’s inclusionary housing program. (MF-A and DNL-SD)
 Motion and Vote
 
b.  City of San Diego LCP Amendment No. CCP-MAJ-4-11B (2006, 2007, 2010, 2011 and 2012 Centre City Amendments) Adoption of Suggested Modifications. Time Extension. Public hearing and action to extend the six month time period for action up to one year on request by the City of San Diego to act and agree to the terms and modifications adopted by the Commission on November 15, 2012 for this amendment. (KB-SD)
 Motion and Vote

17. NEW APPEALS. See AGENDA CATEGORIES.

[An addendum has been appended to the staff report for item 17a below on May 7.]

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 14.35 acre hilltop property. Also proposed are 340-ft. long, 26-ft. wide access road, landscaping, grading, retaining walls and drainage improvements, at 11965 and 12025 Sorrento Valley Road, Torrey Pines, San Diego, San Diego County. (TR-SD)
 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 May 7.]

a.  Application No. 6-12-002 (Crystal Pier Hotel, San Diego) Application of Crystal Pier Hotel Cottages, Inc. to demolish two single-story rental cottages (Units 20 & 22) totaling 1,832 sq.ft. (completed without a permit) and reconstruct 2 new single-story cottages totaling 1,752 sq.ft. and expansion of width of existing pier approx. 6 feet northward to accommodate new decking for reconstructed units, located on existing Crystal Pier, at 4500 Ocean Blvd., Pacific Beach, San Diego, San Diego County. (TR-SD)
 Motion and   Vote
Amending  Motion and  Vote

[An addendum has been appended to the staff report for item 18b below on May 7.]

b.  Application No. 6-12-18 (J CREW, LLC, San Diego) Application of J CREW, LLC to convert 3 existing residential apartment units into 3 condominium units, remove encroaching development from view corridors and after-the-fact authorization for removal of unpermitted development from public right-of-way, at 2975 Ocean Front Walk, Mission Beach, San Diego, San Diego County. (AL-SD)

[An addendum has been appended to the staff report for item 18c below on May 7.]

c.  Application No. 6-12-88 (San Diego County Regional Airport Authority, San Diego) Application of San Diego County Regional Airport Authority to demolish general aviation facility and construct new general aviation facility on 12.4 acre site on north side of San Diego International Airport, to include 38-ft. high, 17,250 sq.ft. fixed base operator terminal building; 13,958 sq.ft. of office space; 117-space parking lot; five, 35-48 ft. high aircraft hangars totaling 106,200 sq.ft.; 255,600 sq.ft. paved apron for aircraft movement and parking; landscaping; and 2,000 cu.yds. of grading, adjacent to Pacific Hwy, San Diego, San Diego County. (KB-SD)

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

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

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

a.  City of Malibu Local Coastal Program Amendment No. MAJ-2-11 Part A. Certification Review. Concurrence with the Executive Director's determination that action by the City of Malibu, accepting certification of Amendment No. MAJ-2-11 Part A with modifications, is legally adequate. (DV-V)

b.  Santa Barbara City College, City of Santa Barbara - Santa Barbara City College Public Works Plan (PWP) Major Amendment No. 2-12. Time Extension.Public hearing and action to extend the 60 day time limit for Commission action to one year for the certification of Santa Barbara City College PWP Amendment No. 2-12 to allow for modifications to the existing Sensitive Habitats Map Figure 3.0; the addition of an Outdoor Art Workshop patio adjacent to the Humanities Building, and the addition of a one-story storage room as part of the Humanities Building.(MA-V)
 Motion and Vote

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. 4-12-075 (Anglin Classics LLC, Los Angeles Co.) Application of Anglin Classics, LLC to install 6 free-standing ground-mounted solar unit/arrays and approximately 3,300 sq. ft. of roof-mounted solar photovoltaic panels on two existing structures within the Muse School Campus. Each free-standing ground-mounted solar unit/array will consist of a 28.5 ft. diameter solar array attached to a 19’1” ft. high monopole. The maximum height of the self-tracking solar units/arrays will vary between 19’1” ft. (closed/tilted position) to 33’ 6” ft. (open/vertical position) in height above existing grade at the Muse School Facility at 1666 Las Virgenes Canyon Rd., Calabasas 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:

Big Wave LLC et al. v. CCC, Govt. Code, section 11126(e)(2)(A)
Catanzarite v. City of Newport Beach, CCC, Govt. Code, section 11126(e)(2)(A)
CCC v. U.S. Dept. 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)
Drakes Bay Oyster Co. et al. v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Faber et al. v. CCC et al. (Drakes Bay Oyster Co., RPI), Govt. Code, section 11126(e)(2)(A)
Hubbard et al. v. CCC (Malibu Valley Farms, Inc., RPI), Govt. Code, section 11126(e)(2)(A)
Mulryan Properties LLLP v. CCC, Govt. Code, section 11126(e)(2)(A)
Venice Stakeholders Assn. v. CCC (City of Los Angeles, RPI), 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).

RECEPTION

RECEPTION. Following the conclusion of the Commission’s meeting on May 8, or at 6:00 p.m. whichever is later, the California Cattlemen's Association and the Marin and Sonoma County Farm Bureau will be hosting a reception for the Commission at the Veterans Memorial Hall, 10 Avenue of the Flags, San Rafael, CA 94903. Members of the public are welcome to attend but space is limited. Please RSVP Margo Parks at (916) 444-0845 to make a reservation.

 STATEWIDE

23.  APPROVAL OF MINUTES.

24.  COMMISSIONERS' REPORTS.

25.  CONSERVANCY REPORT.

26.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

27.  SANTA MONICA BAY RESTORATION REPORT.

28.  DEPUTY ATTORNEY GENERAL'S REPORT.

29.  EXECUTIVE DIRECTOR’S REPORT including reports and possible Commission action on legislation and water quality.
 Motion and  Vote
 
a.  Public Education Grants. Public hearing and action on proposed use of unallocated reserve from sales of the Whale Tail License Plate. (CP & SBL - SF)
 
 Motion and Vote