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January 2015 Agenda

SANTA MONICA CIVIC CENTER-EAST WING
1855 MAIN STREET
SANTA MONICA, CA 90401

(415) 407-3211
[The Phone number will only be in service when the meeting is in session.]

WEDNESDAY JANUARY 7 2015 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 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. 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.  Legislative Report. Summary of new laws enacted in the 2014 Legislative Session. (CL/SC-SF)
SAN DIEGO COAST DISTRIC
 
        7. ADMINISTRATIVE CALENDAR. See Agenda Categories.
      1.  Application No. 6-14-1773 (Gilboa Family Trust, Solana Beach) Application of Gilboa Family Trust to construct 1,012 sq.ft. addition to existing 2,924 sq.ft. single-family home with attached garage, after-the-fact approval of pool, free standing solar panel array, and detached 185 sq.ft. exercise room on 21,550 sq.ft. lot, at 617 Ridgeline Place, Solana Beach, San Diego County. (ES-SD)

        8.  CONSENT CALENDAR. See Agenda Categories.     Motion and Vote

    1. Application No. 6-14-1798 (Kelley, San Diego) Application of James Kelley to demolish 479 sq.ft. single-story-family home and 151 sq.ft. accessory structure and construct 1,659 sq.ft. 3-story single family home with attached 460 sq.ft. 2-car garage and carport on 1,351 sq.ft. lot, at 710 Windemere Ct., Mission Beach, San Diego, San Diego County. (TH-SD)

NORTH 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 Arcata office at (707) 826-8950.
    2.  CONSENT CALENDAR (removed from Regular Calendar). See Agenda Categories.    Motion and Vote
    3. LOCAL COASTAL PROGRAMS (LCPs). See Agenda Categories . 
      1.  Mendocino County LCP Amendment No. MEN-MIN-1-8 (Day Care Facilities). Time Extension. Public hearing and action to extend 60-day time limit for Commission action up to one year on Mendocino County request to amend certified Implementation Plan to modify child day care facilities provisions. (JB-A)       Motion and Vote

           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.

    1.  Application No. 1-13-0489 (California Department of Fish & Wildlife, Del Norte Co.) Application of Department of Fish and Wildlife to perform drainage ditch maintenance to restore rare plant habitat at Crescent City Marsh Wildlife Area, Del Norte County. (ND-A)
    2.  Application No. 1-14-0820 (Border Coast Regional Airport Authority, Del Norte Co.) Application of Border Coast Regional Airport Authority to create and restore wetlands as mitigation for previously permitted development at Del Norte Airport at various locations within Pacific Shores off of Tell Blvd. and at Bay Meadows, off of Lake Earl Drive, Del Norte County. (MBK-A)     Motion and Vote

ENERGY, OCEAN RESOURCES & FEDERAL CONSISTENCY

  1.  ENERGY , OCEAN RESOURCES & 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.
  2. CONSENT CALENDAR (removed from Regular Calendar). See Agenda Categories.
  3. FEDERAL CONSISTENCY. See Agenda Categories.
    1.  CD-0003-14 (Navy, Coronado) Consideration of findings for Commission's November 12, 2014 concurrence with consistency determination submitted by Navy for construction of Coastal Campus at Silver Strand Training Complex-South (SSTC-South), Naval Base Coronado, San Diego County. (JS-SF)

NORTH CENTRAL 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 Francisco office at (415) 904-5260.
      2.  CONSENT CALENDAR (removed from Regular Calendar). See Agenda Categories.
      3. LOCAL COASTAL PROGRAMS (LCPs). See Agenda Categories . 
        1.  City of Half Moon Bay LCP Amendment No. HMB-MAJ-1-11. Certification Review. Concurrence with the Executive Director's determination that the action by the City of Half Moon Bay accepting certification of 1-11 (changed IP review process on site design, historic structures and architectural improvements; changes reserving water and sewer capacity for low income housing; repealing restrictions for exceptional lots; deleting the Architectural Review and Site and Design Approval chapter and including a new chapter on residential density bonuses) with modifications is legally adequate. (SR-SF)      Motion and Vote 
            19. NEW APPEALS.

                         

      1.  Appeal No. A-2-MAR-14-0059 (Barn Project, LLC, Marin Co) Appeal by Bridger Mitchell of County of Marin decision granting permit with conditions to The Barn Project LLC for construction of accessory structure in Point Reyes Station at 80 Fourth St., Marin County. (SF-SF)     Motion and Vote

                 20. 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. 2-14-1612 (San Francisco Public Utilities Commission) Application of San Francisco Public Utilities Commission to conduct soil remediation project involving excavation of contaminated soils and replacement with clean imported fill on site of Pacific Rod and Gun Club, at 520 John Muir Dr., San Francisco, San Francisco County. (EL-SF)    Motion and  Vote

CENTRAL 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 Santa Cruz office at (831) 427-4863.
    2. CONSENT CALENDAR (removed from Regular Calendar). See Agenda Categories.
    3. LOCAL COASTAL PROGRAMS (LCPs). See Agenda Categories. 
      1.  Monterey County LCP Amendment No. LCP-3-MCO-14-0841-1-Part A (Inactive Discretionary Applications). Concurrence with the Executive Director's determination that the request by Monterey County to modify the LCP's Implementation Plan by adding regulations that would establish notification and hearing procedures to address inactive discretionary land use permit applications is minor. (KB-SC) 

                           b.  Santa Cruz County LCP Amendment No. 3-SCO-14-0817-1 Part C (Minor Exceptions). Public hearing and action on request by Santa Cruz County to amend the LCP to extend minor exception and front yard setback provisions to areas outside the Urban Services Line, to increase minor exception lot coverage for parcels less than 6,000 square feet, and amend garage setback requirements. (KK-SC)      Motion and Vote

                  24. NEW APPEALS. See Agenda Categories.

    1.  Appeal No A-3-PSB-14-0057 (Silver Shoals LLC, Pismo Beach) Appeal by Sierra Club, Alan Stocker, Marilyn Hansen, and Delwyn Wayner of City of Pismo Beach decision granting permit with conditions to Silver Shoals LLC for subdivision of 3.7 acre undeveloped bluff top parcel into 19 parcels (10 townhouse and 9 single-family parcels), as well as one-acre public park and one-way looped road at 2900 Shell Beach Rd., Pismo Beach, San Luis Obispo County. (BO-SC)     Motion and  Vote
    2.  Appeal No. A-3-MRB-14-0068 (Wammack, Morro Bay) Appeal by Betty DeRosa, Alex Beatty, and Jeff Heller of City of Morro Bay decision granting permit with conditions to Mel and Marilyn Wammack for construction of new 2 story, 2,935 sq.ft. single- family home with 2 car garage, attached secondary studio unit with 272 sq.ft. porch and decking, and related development at 505 Walnut St., Morro Bay, San Luis Obispo County. (KK- SC)   Motion and Vote

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. 

                            a.  City of Carlsbad LCP Amendment No. CAR-MAJ-2-13B (Sign Ordinance Revisions) Certification Review. Concurrence with the Executive Director's determination that the action by the City of Carlsbad accepting certification with modifications to update its sign ordinance is legally adequate. (RC-SD)

 

                            b.  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 to update the Car Country Specific Plan Comprehensive Sign Program, streamline the review process for minor improvements and allow one 50 ft. high freeway-oriented sign. (RC-SD)      Motion and Vote      Motion and Vote

 

                             c.  City of San Diego LCP Amendment No. LCP-6-CCP-14-0826-1 (2014 Civic San Diego Amendments). Public hearing and action on request by the City of San Diego to amend the certified LCP Implementation Plan to revise the Marina Planned District Ordinance to change organizational titles and to revise the Centre City Planned District Ordinance to change permitted uses, development standards and make clarifications. (KB-SD)    Motion and Vote 

 

                              d.  City of San Diego LCP Amendment No. LCP-6-SAN-14-0825 (New Industrial Zones). Public hearing and action on request by the 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. (TH-SD)    Motion and Vote

 

                               e.  City of Chula Vista Revision of Current Adopted Post-LCP Jurisdiction Map. Public hearing and action on map depicting areas within the City of Chula Vista that are recommended for transfer of coastal development permit authority and retained appeal jurisdiction pursuant to Public Resources Code Section 30613. (JVC-SF)   Motion and Vote

                      28.   NEW APPEALS. See Agenda Categories 

 Items 28a and 28b below share a single, combined staff report 
 
                         a.  Appeal No. A-6-OCN-14-0066 (823 South Pacific, LLC, Oceanside) Appeal of Citizens for Preservation of Parks & Beaches of City of Oceanside granting permit with conditions to 823 South Pacific, LLC to convert existing 4,594 sq.ft. single-family home with attached 828 sq.ft garage into 2 condominium units and construct 1,572 sq.ft. addition on 3,250 sq.ft. lot, at 823 South Pacific St., Oceanside, San Diego County. (ES-SD)   Motion and Vote

 

                          b.  Appeal No. A-6-OCN-14-0067 (825 South Pacific, LLC, Oceanside) Appeal of Citizens for Preservation of Parks & Beaches of City of Oceanside granting permit with conditions to 825 South Pacific, LLC to convert existing 4,702 sq.ft. home with attached 828 sq.ft garage into 2 condominium units and construct 1,741 sq.ft. addition on 3,250 sq.ft. lot, at 825 South Pacific St., Oceanside, San Diego County. (ES-SD)      Motion and Vote

 

                          c.  Appeal No. A-6-OCN-14-0065 (Strands End Limited, LLC and Leeds Properties, LLC, Oceanside) Appeal of Citizens for Preservation of Parks & Beaches of City of Oceanside granting permit with conditions to Strands End Limited, LLC and Leeds Properties, LLC for partial demolition and remodel of 3 existing structures (6 units total) to convert into 6 condominium units, consisting of 2, 35-ft.-high, 3-story over day-lighted basement, triplex structures each 5,823 sq.ft. with 1,320 sq.ft. attached garage on 6,500 sq.ft. lot, at 817 and 819 South Pacific St., Oceanside, San Diego County. (ES-SD)    Motion and Vote

 

                    29.  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. 6-14-0296 (Cantor, San Diego Co.) Application of California Watersports to demolish 170 sq.ft. restroom and construct new 50  sq.ft. restroom; import 4 cu.yds. of sand to existing upland area, after-the-fact approval of construction of 4 (12' x 24') covered boat storage tents and removal of non-native vegetation at existing boat rental and water recreational facility, at 4215 Harrison St., Carlsbad, San Diego County. (RC-SD)

 

                             b.   Application No. 6-14-1548 (Public Works Department, San Diego) Application of City of San Diego Public Works Dept. to upgrade Pump Station No. 2 by removing office trailers, replacing 2 pump engines, and constructing new 51.5-ft. high, 6,766 sq.ft. generation building, new 25.5-ft.-high, 3,024 sq.ft. storage structure, and underground conduits on 2.21 ac. lot at 4077 North Harbor Dr., San Diego County. (BL-SD)

 

                              c.   Application No. 6-14-1574 (JMSM Beachfront Properties, LLC, San Diego) Application of JMSM Beachfront Properties LLC to demolish 2-story, 2-unit 1,220 sq.ft. multi-family home and construct new 3-story, 2-unit, 30-ft.-tall, 3,162 sq.ft. multi-family home with attached 3-car garage on 2,400 sq.ft. lot, at 715 Nantasket Ct., Mission Beach, San Diego, San Diego County (AL-SD)     Motion and Vote

                              30. 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. 6-04-088-A12 (JPA Boardwalk, Del Mar) Request by San Dieguito River Park Joint Powers Authority to modify permit for wetlands restoration to retain existing 1,200-ft.-long wooden boardwalk in Fairgrounds South Overflow Lot, at 2260 Jimmy Durante Blvd., Del Mar, San Diego County. (AL-SD) POSTPONED

SOUTH CENTRAL 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 Ventura office at (805) 585-1800.
    2.  CONSENT CALENDAR (removed from Regular Calendar). See Agenda Categories .       Motion and Vote
    3. NEW APPEAL. See Agenda Categories . 

                     a.  Appeal No. A-4-MAL-14-0047 (Ryan Family LLC, Malibu) Appeal by AGB Trust of decision by City of Malibu granting permit to Ryan Family LLC for construction of 2,100 sq.ft., 24-ft.-tall single-family home on beach, including concrete pile and grade beam foundation, demolition and remodel of residential structure, modifications to onsite wastewater treatment system, demolition of unpermitted beach level work, variance to allow offsite parking, and an offer-to-dedicate lateral access easement, at 28118 and 28126 Pacific Coast Highway, Malibu, Los Angeles County. (ND-V)      Motion and Vote

 

                     b.  Appeal No. A-4-STB-14-0073 (CTS Properties, Santa Barbara Co.) Appeal by Commissioners Zimmer and Howell of decision from County of Santa Barbara granting permit to CTS Properties for grading and importation of sand to create horse pasture and exercise track, involving 6,850 cu.yds. of grading (1,650 cu.yds. cut, 5,200 cu.yds. fill), importation of 3,550 cu.yds. of sand to amend soil for planting turf horse pasture, and installation of new water well for irrigation, at 201 Toro Canyon Road, Santa Barbara County. (DC-V)     Motion and  Vote

 

               34.  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. 4-13-0632 (Majidi, Los Angeles Co.) Application of Abolhassan Majidi to construct 1,198 sq.ft., 2-story, 31-ft.-high, single-family home with attached 360 sq.ft. garage, 2,493-gallon septic system, landscaping, 62-ft.-long retaining wall with max. height of 3 feet, 59-ft.-long retaining wall with max. height of 3 feet, and 132 cu.yds. of grading (66 cu.yds. cut and 66 cu.yds. of fill) at 671 Wonder View Dr., Los Angeles County. (MH-V)

 

                            b.  Appeal No. A-4-STB-14-016 (Carr, Santa Barbara Co.) Appeal by Commissioners Zimmer and Bochco of decision from County of Santa  Barbara granting permit to Lee Carr for development associated with 789 sq.ft. cabana, including: 1) as-built foundation reinforcement work, including installation of five 18-in. diameter by 35-ft deep concrete caissons and five "dead-man" counter-weights; 2) as-built deck and deck stairway repairs; 3) as-built addition of 34 sq.ft. and three-fourth bathroom; 4) as-built addition of 9.5-ft.-long wetbar; 5) as-built addition of sanitary waste connection from cabana to existing septic system, including grinder pump and waste water lines; 6) drainage repairs and improvements on bluff face (i.e., repairs on walkway leading to cabana); and 7) less than 50 cu.yds. grading, at 4353 Marina Dr., Santa Barbara County. (ND-V)

                         35. 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. 5-88-794-A5 (Kelley, Malibu) Request by Bert Kelley to modify permit to include after-the-fact approval for as-built 10-in. thick, 900 sq.ft. concrete pad and structural retaining wall above concrete pad. Including construction of new concrete slated wall above concrete pad; removal of 18 cu.yds. of soil to eliminate as-built unpermitted flat landscaping pad area, and removal of as-built unpermitted railroad tie stairway an  exterior non-structural walls, at 26530 Latigo Shore Dr., Malibu, Los Angeles County. (DV-V)

 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:
Ag Land Trust v. CCC (California-American Water Co.), Govt. Code § 11126(e)(2)(A)
Fiery et al. v. Dept. of Fish & Wildlife et al., Govt. Code § 11126(e)(2)(A) -
see item Wed. 12b
Hamilton v. City of Solana Beach et al., Govt. Code § 11126(e)(2)(A)
Horizontal Development LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A)
Khalkhali et al. v. CCC et al. (Svitek et al., RPI), Govt. Code § 11126(e)(2)(A)
Lynch et al. v. CCC, Govt. Code § 11126(e)(2)(A)
Marina Coast Water District v. CCC (California-American Water Co., RPI), Govt. Code § 11126(e)(2)(A)
Pacific Shores Property Owners Assn. et al. v. Dept. of Fish & Wildlife et al., Govt. Code § 11126(e)(2)(A) -
see item Wed. 12b
Save Our Beach Access et al. v. CCC (Hitzke Development Corp. RPI), Govt. Code § 11126(e)(2)(A)
Tolowa Nations et al. v. Dept. of Fish & Wildlife et al., Govt. Code § 11126(e)(2)(A) -
see item Wed. 12b
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).
  1.  APPROVAL OF MINUTES.   Motion and Vote
  2.  COMMISSIONERS' REPORTS.
  3.  CONSERVANCY REPORT.
  4.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.
  5.  SANTA MONICA BAY RESTORATION REPORT.
  6.  DEPUTY ATTORNEY GENERAL'S REPORT.