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JUNE 2013 DRAFT AGENDA

CITY OF LONG BEACH
CITY COUNCIL CHAMBERS
333 WEST OCEAN BOULEVARD
LONG BEACH, CALIFORNIA 90802
(415) 407-3211

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

Please note: agenda items are subject to change.

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8:30 A.M.

WEDNESDAY, JUNE 12, 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.

SAN DIEGO COAST DISTRICT

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

a. Application No. 6-13-015 (SeaWorld San Diego, San Diego) Application of SeaWorld San Diego to demolish existing 15-ft. high, 766 sq.ft. restroom and replace with new 15-ft. high, 1,637 sq.ft. restroom within existing theme park, at 500 SeaWorld Dr., Mission Bay Park, San Diego, San Diego County. (AL-SD)

b. Application No. 6-13-020 (San Diego Unified Port District, San Diego) Application of San Diego Unified Port District to demolish and replace fenders on west end of Navy Pier and remove fenders on south side, at 960 No. Harbor Dr., San Diego, San Diego County. (DL-SD)

NORTH 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 Arcata office at (707) 826-8950.

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

8. 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. 1-12-017 (California Department of Transportation, Mendocino Co.) Application of Caltrans to (1) install new metal beam guard rail (MBGR) adjacent to southbound lane on Hwy 1 from Navarro River Bridge (PM 40.27) to existing guard rail at post mile (PM) 40.89; (2) upgrade existing guard rail connected to Navarro River Bridge; (3) widen portions of Route 1 to provide two 12-ft. lanes and 4-foot southbound shoulder; (4) install bicycle warning signs; and (5) repair small portion of Hwy 128 at junction with Hwy 1, north of Elk, Mendocino County. (TG-A)

b.  Application No. 1-13-004 (Tony Frink Construction, Humboldt Co.) Application of Tony Frink Construction to construct new 1,345 sq.ft., 1-bedroom, 3-story, single-family home (maximum 35-ft. high, with first story, 320 sq.ft. attached garage), at Crab St., King Salmon, Humboldt County. (MBK-A) [POSTPONED]

c.  Application No. 1-13-005 (Tony Frink Construction, Humboldt Co.) Application of Tony Frink Construction to construct new 1,345 sq.ft., 1-bedroom, 3-story, single-family home (maximum 35-ft. high, with first story 320 sq.ft. attached garage), at Crab Street, King Salmon, Humboldt County. (MBK-A) [POSTPONED]

9. 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.  Application No. 1-12-004-A1 (Crescent City Harbor District, Del Norte Co.) [ADDENDUM] Request by Crescent City Harbor District to modify permit granted for dredging and rock slope protection repairs for restoration of Outer Boat Basin of Crescent City Harbor after damage from March 11, 2011 tsunami to authorize placement of 1,700 cu.yds. of dredged material in 1,600 sq.ft. area of harbor to create eelgrass bed as mitigation for impacts of original project on eelgrass at Crescent City Harbor, Del Norte County. (RSM-A)

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

10.  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.

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

12. 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. E-13-003 (Southern California Edison, San Diego Co.) Application of Southern California Edison to construct improved security wall on developed areas within San Onofre Nuclear Generating Station (SONGS) site, located along Pacific Ocean in northern San Diego County. (TL-SF)
 Motion and Vote

13. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a.  CD-001-13 (US Environmental Protection Agency (EPA), Southern California) Consistency determination by United States EPA for new general National Pollutant Discharge Elimination System (NPDES) permit for discharges from 23 offshore oil & gas platforms in federal waters off southern California. (KH-SF)
 
 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 Solana Beach Land Use Plan Certification Review. [ADDENDUM] Concurrence with the Executive Director’s determination that the action by the City of Solana Beach accepting the Commission’s certification of the Land Use Plan with suggested modifications is legally adequate. (DL-SD)

b.  City of San Diego LCP Amendment No. CCP-MAJ-4-11B (2006, 2007, 2010, 2011 and 2012 Centre City Amendments) Certification Review. Concurrence with the Executive Director’s determination that the action by the City of San Diego accepting the Commission’s certification of LCP Amendment No. 4-11B with modifications is legally adequate. (KB-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 Oceanside LCP Amendment No. OCN-MAJ-1-12 (Density Bonus Provisions) Time Extension. Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by City of Oceanside to add Article 40 to its Coastal Zoning Ordinance in order to bring the City’s density bonus provisions into conformance with state housing law. (TR-SD)
 Motion and Vote
 
b.  City of Oceanside LCP Amendment No. OCN-MAJ-2-12A (Downtown Sign Ordinance) and B (Citywide Sign Ordinance) 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 Oceanside to revise the sign regulations for both the Downtown District and separately throughout the city. (TR-SD)
 Motion and Vote
 
c.  City of Oceanside LCP Amendment No. OCN-MAJ-3-12 (Downtown Visitor-Serving Uses). Public hearing and action on request by the City of Oceanside to amend certified “D” Downtown District Ordinance to allow mini-marts, drive-through and drive-up services in commercial districts; allow retail sales and office uses within Subdistrict 6A and reclassify property located on the east side of North Coast Highway, between the San Luis Rey River and the intersection of Highway 76 and North Coast Highway, from Subdistrict 7B (Recreational/Commercial/Residential) to Subdistrict 6A (Visitor Serving Commercial). (TR-SD)
 Motion and Vote
 Motion and Vote
 
d.  City of Carlsbad LCP Amendment No. CAR-MAJ-2-12A (Housing Element Program 2.1-Minimum Densities). Public hearing and action on request by the City of Carlsbad to amend Section 21.53.230 of the certified Zoning Code and provide for a new Regional Housing Need Assessment (RHNA) base density and factor for calculating residential density on certain lands designated for Residential Medium High Density (RMH) and Residential High Density (RH) development. (DNL-SD/MF-NC)
 Motion and Vote

e.  City of Carlsbad LCP Amendment No. CAR-MAJ-2-12B (Housing Element Program 2.1-Mixed Use). Public hearing and action on request by the City of Carlsbad to amend relevant sections of the certified Zoning Code that pertain to the C-1 Neighborhood Commercial Zone, C-2 General Commercial Zone and the C-L Local Shopping Center Zone to permit residential uses by right through a Site Development Permit and provide additional regulations for residential uses in these three zones. (DNL-SD/MF-NC)

 Motion and  Vote
f.  City of Carlsbad LCP Amendment No. CAR-MAJ-2-12C (Land Use Decision Making). Public hearing and action on request by the City of Carlsbad to amend the certified implementation plan to streamline and improve the City’s development review process. (KB-SD)
 
 Motion and Vote
 
g.  City of Carlsbad LCP Amendment No. CAR-MAJ-3-12A, B, C, D and E (Housing Element Revisions) Time Extension. Public hearing and action to extend the 90-day time limit for Commission action up to one year on request by City of Carlsbad to revise the Village Area Master Plan and Design Manual (LUP/IP) and certified Zoning Code to implement Housing Element provisions on minimum densities; farmworker housing; emergency shelters; transitional and supportive housing and managed living units. (DNL-SD)
 
 Motion and Vote
 
h.  City of San Diego LCP Amendment No. SAN-MAJ-5-11B (7th Update LDC). [ADDENDUM] Public hearing and action on request by the City of San Diego to amend the Land Development Code (LDC) to implement its 7th Update. (AL-SD)
 Motion and Vote
 Motion and Vote
 
i.  City of San Diego LCP Amendment No. SAN-MAJ-1-12 (Urban Agriculture). Public hearing and action on request by the City of San Diego to amend the certified Land Development Code to allow retail farms and farmers markets as separately regulated uses in multiple zones, as well as make additional revisions on community gardens. (DNL-SD)
 Motion and Vote
 
j.  City of San Diego LCP Amendment No. SAN-MAJ-1-13A (Affordable Housing Parking Regulations) and B (Outdated Policy Documents) Time Extension. Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by City of San Diego to amend the certified Land Development Code (LDC) to modify parking standards in order to encourage affordable housing projects and then secondly revise the LDC to allow the retirement of outdated policy documents and Land Development Manual appendices. (DNL-SD)
 Motion and Vote

17. NEW APPEALS. See AGENDA CATEGORIES.

a.  Appeal No. A-6-PSD-13-005 (Sunroad Enterprises, San Diego) [ADDENDUM] Appeal by Commissioners Sanchez& Brennan from decision of Port of San Diego granting permit exemption to Sunroad Enterprises for demolition of existing 4-deck, 20,000 sq.ft. restaurant constructed on floating barge tethered in water, construction of 4,800 sq.ft. of primarily unenclosed function space on existing barge; and, construction of new 1-story land-based restaurant building with 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 on land adjacent to barge, at 880 Harbor Island Dr., San Diego, San Diego County. (DL-SD)
 Motion and  Vote
Amending  Motion and Vote
Amending  Motion and  Vote
 
b.  Appeal No. A-6-LJS-13-0202 (Kessous & Paris, San Diego) [ADDENDUM] Appeal by Joshua Bruser from decision of City of San Diego granting permit with conditions to Armand Kessous and Alain Paris for construction of 2-story, 29.5 ft.-high,17,949 sq.ft. single-family home with 3-car garage and swimming pool on vacant 1.52 acre lot, at 9872 La Jolla Farms Rd., La Jolla, San Diego, San Diego County. (AL-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.

a.  Application No. 6-12-061 (Grand & Strand, LLC, San Diego) Application of Grand & Strand, LLC to construct 1,895 sq.ft. second-floor outdoor deck addition to existing restaurant and remove unpermitted automated parking payment machine and associated signs, at 4315 Ocean Blvd., Pacific Beach, San Diego, San Diego County. (AL-SD) [POSTPONED]

b.  Application No. 6-13-007 (City of Carlsbad safety railing) Application of City Of Carlsbad to install 150 lineal ft. of 21-inch wide, 32-inch high concrete safety railing on bridge over Encinas Power Station discharge channel, at west side of Carlsbad Blvd., north of Cannon Rd, Agua Hedionda, Carlsbad, San Diego County. (KB-SD)

c.  Application No. 6-13-009 (22nd District Agricultural Association, San Diego) Application of 22nd District Agricultural Association to remove 120 lineal feet of deteriorated 12-in. diameter storm drain pipe and replace in-kind in existing golf driving range, at 2260 Jimmy Durante Blvd., Torrey Pines, San Diego, San Diego County. (AL-SD)

d.  Application No. 6-13-022 (Bikeway Village, LLC, Imperial Beach) [ADDENDUM] Application of Bikeway Village, LLC to convert 2 existing warehouse buildings into 50-bed hostel, community room, public restrooms, commercial retail uses, and add new parking spaces adjacent to Bayshore Bikeway, at 535 Florence, 500 and 536 13th Streets, Imperial Beach, San Diego County. (DL-SD)

19. 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. 6-96-89-A2 (Casa de la Playa HOA, San Diego) Request by Casa de la Playa Homeowners Association to amend permit for construction of seawall/upper bluff protection to add 55-ft. long, 25-ft. extension to upper bluff wall, at 4878 Pescadero Ave., Ocean Beach, San Diego, San Diego County. (ES-SD)

20. REVISED FINDINGS. See AGENDA CATEGORIES.

a.  Port of San Diego Port Master Plan Amendment No. 43 (Marriott Hotel). [ADDENDUM] Revised findings to reflect the Commission’s action in approving the Port of San Diego granted amendment as submitted for Marriott Hotel Expansion project allowing for three major redevelopment projects: demolition and reconstruction of Marriott Hall with 68-ft. high, 169,400 sq.ft. building; expansion of and improvements to Marina Walk accessway located between Harbor Drive and bayside embarcadero; and replacement of existing marina parking lot and restrooms with 25,000 – 35,000 sq.ft. outdoor event area known as Marina Terrace. (DL-SD)
 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:

Allen v. Radosevich et al., Govt. Code section 11126(e)(2)(A)
CCC v. Allen et al. , Govt. Code section 11126(e)(2)(A)
Beach & Bluff Conservancy v. CCC, Govt. Code section 11126(e)(2)(A)
Steinberg v. CCC, Govt. Code section 11126(e)(2)(A)
Catanzarite v. City of Newport Beach, CCC, 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)
Frank v. CCC, Govt. Code section 11126(e)(2)(A)
Arnold Land Co., LLC v. CCC, Govt. Code section 11126(e)(2)(A)
Baltimore Land Co., LLC v. CCC, Govt. Code section 11126(e)(2)(A)
Khalkhali v. CCC et al. (Svitek et al., RPI) , Govt. Code section 11126(e)(2)(A)
Laguna Terrace Park LLC v. CCC, Govt. Code section 11126(e)(2)(A)
Lynch et al. v. CCC, Govt. Code section 11126(e)(2)(A)
Security National Guaranty, Inc. v. State of California, Govt. Code section 11126(e)(2)(A)
Venice Stakeholders Assn. v. CCC et al., 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

21.  APPROVAL OF MINUTES. [Draft March 2013 and May 2013 Minutes]
 Motion and Vote

22.  COMMISSIONERS' REPORTS.

23.  CONSERVANCY REPORT.

24.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

25.  SANTA MONICA BAY RESTORATION REPORT.

26.  DEPUTY ATTORNEY GENERAL'S REPORT.

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

a.  2014 Schedule of Meeting Dates and Locations. (VM-SF)

b.  Interagency Agreement. Interagency Agreement between the California Coastal Commission and San Francisco State University (SFSU). Approval of transfer of federal funds (309 Project of Special Merit Grant) to SFSU to provide biological and economic expertise for a period of 18 months beginning June 2013. (SMH/JM-SF)
 
 Motion and Vote

c.  Filing Fees Increase. Schedule of filing fees will be adjusted for inflation effective July 1, 2013. For informational purposes only. No Commission action necessary. (CL/SH-SF)

d.  Legislation. Legislative report and possible Commission action. (CL/SC-SF)

Commission Boat Tour

Following the conclusion of the Commission’s meeting on June 12, the Commission will take a three hour boat tour of the Ports of Long Beach and Los Angeles starting at approximately 3:00 pm. The boat will depart from the floating dock near the entrance of Parker’s Light House Restaurant, at Shoreline Village in Long Beach (435 Shoreline Village Dr. Long Beach, CA). The public is invited to attend the boat tour but space is limited. For more information, please contact the Commission’s South Coast District office in Long Beach at (562) 590-5071.

RECEPTION

RECEPTION. Following the Commission’s boat tour on June 12, there will be a reception for the Commission starting at approximately 6:15 pm, hosted by the City of Long Beach, Long Beach Convention & Visitors Bureau, Aquarium of the Pacific, and Savor Long Beach at the Aquarium of the Pacific, 100 Aquarium Way, Long Beach. Members of the public are welcome to attend but space is limited. Please RSVP Julie Taber at (562) 436-3645 or Juliet@longbeachcvb.org by June 7, 2013 to make a reservation. Also, Janet Bridger’s “Heroes of the Coast” Documentary will be featured at 7:00 pm