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October 2014 Agenda

City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660


(415) 407-3211

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

Please note: agenda items are subject to change.


Wednesday,
October 8, 2014

9:00 a.m.

  1.  CALL TO ORDER.
  2.  ROLL CALL.
  3.  AGENDA CHANGES.
  4.  GENERAL PUBLIC COMMENT. Public comments will be heard at 9:00 a.m. 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. Note: Comments made during the general public comment period regarding matters pending before the Commission do not become part of the official record for those matters.
  5.   CHAIR'S REPORT.

STATEWIDE

  1. Executive Director's Report
    1.  Director's Report.
    2.  Legislation. Legislative report and possible Commission action. (CL/SC-SF)

San Diego Coast District

  1. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.
    1.  Application No. 6-14-0734 (Lees and Costello, Solana Beach) Application of Mark Lees and Caitlin Costello to demolish existing 1-story, 2,311 sq.ft. home and construct new 2-story, 3,649 sq.ft. single-family home on 10,662 sq.ft. lot at 734 North Granados Ave., Solana Beach, San Diego County. (RC-SD)

San Diego Coast District

  1.  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.
  2.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.       Motion and Vote
  3. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES
    1.  City of Carlsbad LCP Amendment No. LCP-6-CII-14-0597-1 (Car Country Initiatives 2 and 4). Public hearing and action on request by the City of Carlsbad to amend the certified LCP Implementation Plan through updating the Car Country Specific Plan's Comprehensive Sign Program to, among other items, streamline the review process for minor improvements and allow for one, 50 ft. high, freeway-oriented sign. (RC-SD) [POSTPONED]
    2.  City of San Diego LCP Amendment No. LCP-6-SAN-14-0601-1 (Mobile Food Truck Ordinance). [ADDENDUM] Public hearing and action on request by the City of San Diego to amend the certified Land Development Code (IP) to add and update various sections of its certified implementation plan to permit and regulate the operation of mobile food trucks. (AL-SD)       Motion and Vote
    3.  City of San Diego LCP Amendment No. LCP-6-CCP-14-0826-1 (Civic San Diego Amendments) Time Extension. Public hearing and action to extend the time limit for Commission action for up to one year on request by City of San Diego to amend the certified LCP Implementation Plan to revise the Marina Planned District Ordinance to change organizational titles and amendments to the Centre City Planned District to revise permitted uses, development standards and make clarifications. (KB-SD)     Motion and Vote
    4.  City of San Diego LCP Amendment No. LCP-6-OMN-14-0825 (New Industrial Zones) Time Extension. Public hearing and action to extend the time limit for Commission action for up to one year on request by City of San Diego to amend the certified Land Development Code (IP) to adopt two new industrial zones (IP-3-1 and IBT-1-1) for possible future application in the coastal zone. (DNL-SD)    Motion and Vote 
  4. NEW APPEALS. See AGENDA CATEGORIES.

    [ Items 11a and 11b, below share a single, combined staff report] 
     Motion and Vote       Motion and Vote

    1. Appeal No. A-6-OCN-13-17 (Strands End LLC, Oceanside) Appeal by Beachin, LLC from decision of City of Oceanside granting permit with conditions to Strands End LLC for partial demolition and remodel of 2 existing structures (3 units total) into 35 ft. high, 3 story over daylighted basement, duplex structure comprised of 6,564 sq.ft. of habitable space, 815 sq.ft. garage, and 471 sq.ft. attached deck on 3,250 parcel, at 817 South Pacific St., Oceanside, San Diego County. (TR-SD)
    2. Appeal No. A-6-OCN-13-18 (Leeds Properties LLC, Oceanside) Appeal by Beachin, LLC from decision of City of Oceanside granting permit with conditions to Leeds Properties LLC for partial demolition and remodel of 2 existing structures (3 units total) into 35 ft. high, 3 story over daylighted basement, duplex structure comprised of 6,564 sq.ft. of habitable space, 815 sq.ft. garage, and 471 sq.ft. attached deck on 3,250 parcel, at 819 South Pacific St., Oceanside, San Diego County. (TR-SD)
    3.  Appeal No. A-6-MBE-14-0040 (Garbaczewski, San Diego) Appeal by Commissioners Kinsey & Shallenberger from decision of City of San Diego granting permit with conditions to John & Colleen Garbaczewski for demolition of existing 1-story, single-family home and construction of new 2-story, 26'9" tall, 1,437 sq.ft. single-family home with attached 1-car garage on 1,620 sq.ft. lot at 3826 Bayside Walk, Mission Beach, San Diego, San Diego County. (AL-SD)    Motion and Vote
  5. 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.
    1.  Application No. 6-13-1359 (San Diego Mission Beach boardwalk repairs, San Diego) [ADDENDUM] Application of City of San Diego to replace in-kind approx. 860 linear feet of existing seawall, sheet piles, pile caps, and damaged portion of Mission Beach Boardwalk and add accessible ramps to the beach, seaward of Belmont Park, at 3146 Mission Blvd., Mission Beach, San Diego, San Diego County. (AL-SD)
    2.  Application No. 6-14-1033 (Hitzke Development Corporation, Solana Beach) [ADDENDUM] Application of Hitzke Development Corp. to construct 17,089 sq.ft., 3-story, 35-ft. tall mixed-use building with 759 sq.ft. of commercial space, 10 low-income housing units, and 53 public/private parking spaces on an existing 31-space public parking lot on the east side (500 block) of S. Sierra Ave, 800 ft. south of Dahlia Dr., Solana Beach, San Diego County. (BL-SD)     Motion and Vote
    3.   Application No. 6-14-1128 (Cabrillo Power I LLC, Carlsbad) [ADDENDUM] Application of Cabrillo Power I LLC to conduct maintenance dredging of up to 500,000 cu.yds. of lagoon bottom sand within existing approved dredge limits of outer basin of Agua Hedionda Lagoon and deposit on North Beach, Middle Beach, and South Beach in Carlsbad, San Diego County. (KB-SD)   Motion and  Vote
  6. 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.
    1.  Permit No. 6-01-172-A1 (San Diego North Torrey Pines Rd. access ramp, San Diego) Application of City of San Diego to construct 15-ft. long, 190 sq.ft. concrete access ramp on sandy beach at end of existing public beach accessway at North Torrey Pines Road, Torrey Pines, San Diego, San Diego County. (AL-SD)
  7. REVISED FINDINGS. See AGENDA CATEGORIES.
    1.  Application No. 6-12-061 (Grand & Strand, San Diego) [ADDENDUM] Consideration of findings for Commission's July 11, 2013 action approving, with conditions, coastal permit to Grand & Strand for construction of 1,895 sq. ft., second-floor dining patio with glass siding and removal of unpermitted automated payment machine and signage at existing mixed-use building, at 4315 Ocean Blvd., Pacific Beach, San Diego, San Diego County. (AL-SD)    Motion and  Vote

ENFORCEMENT

    [ Items 14.1 and 14.2, below share a single, combined staff report]  
                       Motion and Vote      Motion and Vote
    1. Commission Cease & Desist Order No. CCC-14-CD-04 (The Salvation Army, Santa Monica Mountains, Los Angeles Co.) [ADDENDUM] Public hearing and Commission action on proposed Consent Cease and Desist Order directing and authorizing The Salvation Army to 1) remove unpermitted development and 2) cease and desist from undertaking additional unpermitted development, including placement of structures, removal of native vegetation, and grading in Malibu Creek, from property located at 26801 Dorothy Drive, Calabasas, APN 4462-031-007, Los Angeles County. (CMN-SF)
    2. Commission Restoration Order No. CCC-14-RO-04 (The Salvation Army, Santa Monica Mountains, Los Angeles Co.) [ADDENDUM] Public hearing and Commission action on proposed Consent Restoration Order directing and authorizing The Salvation Army to take restorative actions including; 1) restoring impacted areas by undertaking removal, remedial grading, and revegetation activities; 2) mitigating for temporal loss of habitat; and 3) implementing long-term monitoring program; to address unpermitted development, including placement of structures, removal of native vegetation, and grading in Malibu Creek, on property located at 26801 Dorothy Drive, Calabasas, APN 4462-031-007, Los Angeles County. (CMN-SF)

    SOUTH CENTRAL COAST DISTRICT

    1. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
    2. 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.

      [Items 16a thru 16f, below share a single, combined staff report]
      1. Application No. 4-10-040 (Lunch Properties LLLP, Los Angeles Co.) Application of Lunch Properties LLLP to construct 18-ft. high, 2-level with basement, 9,249 sq.ft. single-family home, 1,245 sq.ft. non-habitable space, and 460 sq.ft. attached garage, swimming pool, septic system, water line extension, 160 linear feet access drive extension with hammerhead turnaround, and 5,300 cu.yds. grading (4,450 cu.yds. cut; 800 cu.yds. fill), including implementation of habitat mitigation and monitoring plan and offer-to-dedicate open-space easement, located north of Sweetwater Mesa Rd. in Santa Monica Mountains, Los Angeles County. (JB-V)
      2. Application No. 4-10-041 (Vera Properties LLLP, Los Angeles Co.) Application of Vera Properties LLLP to construct 18-ft. high, stepped 2-level, 11,234 sq.ft. single-family home, 123 sq.ft. non-habitable space, and 657 sq.ft. attached garage, swimming pool, septic system, 149 linear feet water line extension, 355 linear feet access drive extension with hammerhead turnaround, 2 fire department access turnouts, and 315 ft. long, 16.5 ft. high steel mesh rock fall stabilization device, and 13,000 cu.yds. grading (9,300 cu.yds. cut; 3,700 cu.yds. fill), including implementation of habitat mitigation and monitoring plan and offer-to-dedicate open-space easement and public hiking and trail easement, located north of Sweetwater Mesa Rd. in Santa Monica Mountains, Los Angeles County. (JB-V)
      3. Application No. 4-10-042 (Mulryan Properties LLLP, Los Angeles Co.) Application of Mulryan Properties LLLP to construct 16-ft., 6-in. high, stepped 2-level, 7,540 sq.ft. single-family home, 399 sq.ft. non-habitable space, 883 sq.ft. attached garage, swimming pool, septic system, 155 linear feet water line extension, 920 linear feet access drive extension with hammerhead turnaround, portion of fire department access turnout, and portion of rock fall stabilization device, and 9,030 cu.yds. grading (5,080 cu.yds. cut; 3,590 cu.yds. fill), including implementation of habitat mitigation and monitoring plan and offer-to-dedicate open-space easement, located north of Sweetwater Mesa Rd in Santa Monica Mountains, Los Angeles County. (JB-V)
      4. Application No. 4-14-0598 (Morleigh Properties LLLP, Los Angeles Co.) Application of Morleigh Properties LLLP to construct 25-ft., 6-in. high, stepped 2-level, 9,879 sq.ft. single-family home, 1,231 sq.ft. non-habitable space, 1,017 sq.ft. attached garage, swimming pool, septic system, 114 linear feet water line extension, access road extension, hammerhead turnaround, and 3,890 cu.yds. grading (3,790 cu.yds. cut; 100 cu.yds. fill), including implementation of habitat mitigation and monitoring plan and offer-to-dedicate open-space easement, located north of Sweetwater Mesa Rd. in Santa Monica Mountains, Los Angeles County. (JB-V)
      5. Application No. 4-10-044 (Ronan Properties LLLP, Los Angeles Co.) Application of Ronan Properties LLLP to construct 18-ft. high, 2-level with basement, 14,343 sq.ft. single-family home, 637 sq.ft. attached garage, swimming pool, septic system, 3,150 linear feet water line extension, 590 linear feet access road extension, hammerhead turnaround and access turnout, and 6,100 cu.yds. total grading (4,250 cu.yds. cut; 1,850 cu.yds. fill), including implementation of habitat mitigation and monitoring plan and offer-to-dedicate open-space easement, located north of Sweetwater Mesa Rd. in Santa Monica Mountains, Los Angeles County. (JB-V)
      6. Application No. 4-14-1094 (Mulryan Properties LLLP, Morleigh Properties LLLP, Vera Properties LLLP, Ronan Properties LLLP, and ED West Properties LLLP, Los Angeles Co.) Application of Mulryan Properties LLLP, Morleigh Properties LLLP, Vera Properties LLLP, Ronan Properties LLLP, and ED West Properties LLLP, for lot line adjustment between parcels, resulting in decreased number of parcels from 5 to 4, north of Sweetwater Mesa Rd. in Santa Monica Mountains, Los Angeles County. (JB-V)

    SOUTH COAST DISTRICT (LOS ANGELES COUNTY)

    1.  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.
    2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
    3. 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.
      1.  Permit No. 5-91-286-A11 (City of Los Angeles). Application of City of Los Angeles to amend Special Condition No. 3 to allow sale of last seven city-owned canyon rim lots (15205, 15209, 15213, 15217, 15329, and 15333 De Pauw Street and 15206 Earlham Street). Direct funds to established Trust Fund to be used solely for completion of remaining phases of development of Potrero Canyon Park Restoration Project, located at 15101 Pacific Coast Highway, Potrero Canyon, Pacific Palisades, Los Angeles, Los Angeles County. (ZR-LB)    Motion and Vote
    4. RECONSIDERATION. See AGENDA CATEGORIES.
      1.  Application No. 5-14-1479-R (City of Los Angeles Department of Recreation and Parks (DPR)) Reconsideration of Commission action to deny City of Los Angeles (DPR) request to install seasonal ice skating venue and permanent security lighting in Windward Plaza adjacent to Venice Beach, location 1800 Ocean Front Walk, Venice City of Los Angeles, Los Angeles County. (ZR-LB)   Motion and  Vote

     STATEWIDE

    CLOSED SESSION. At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including:

    Cattermole v. CCC, Govt. Code § 11126(e)(2)(A)
    CCC v. Navy et al., Govt. Code § 11126(e)(2)(A)
    Drakes Bay Oyster Co. v. CCC et al., Govt. Code § 11126(e)(2)(A)
    Faber et al. v. CCC (Drakes Bay Oyster Co., RPI), Govt. Code § 11126(e)(2)(A)
    Vera Properties, LLLP v. CCC, Govt. Code § 11126(e)(2)(A) - see items Wed. 16a-f
    Ronan Properties, LLLP v. CCC, Govt. Code § 11126(e)(2)(A) - see items Wed. 16a-f
    Lunch Properties, LLLP v. CCC, Govt. Code § 11126(e)(2)(A) - see items Wed. 16a-f
    Mulryan Properties, LLLP v. CCC, Govt. Code § 11126(e)(2)(A) - see items Wed. 16a-f
    Frank v. CCC, Govt. Code § 11126(e)(2)(A)
    Mountainlands Conservancy, LLC et al. v. CCC (County of Los Angeles, RPI), Govt. Code § 11126(e)(2)(A) - see item Fri. 19b
    Ramirez Canyon Preservation Fund v. CCC (County of Los Angeles, RPI), Govt. Code § 11126(e)(2)(A)- see item Fri. 19b
    San Diegans for Responsible Planning v. CCC (City of San Diego et al., RPI), Govt. Code § 11126(e)(2)(A) - see item Wed. 14a
    SDS Family Trust v. CCC, Govt. Code § 11126(e)(2)(A)
    Sierra Club v. CCC et al., Govt. Code § 11126(e)(2)(A) - see item Fri. 12a

    The Commission is authorized to discuss these matters in a closed session pursuant to Government Code § 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code § 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code § 11126(a).

    1.   APPROVAL OF MINUTES.
    2.  COMMISSIONERS' REPORTS.
    3.  CONSERVANCY REPORT.
    4.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.
    5.  SANTA MONICA BAY RESTORATION REPORT.
    6.  DEPUTY ATTORNEY GENERAL'S REPORT.