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MAY 2016 AGENDA


Newport Beach Civic Center
City Council Chambers
100 Civic Center Drive
Newport Beach, CA 92660



(415) 407-3211

active during meeting only

WEDNESDAY MAY 11, 2016 09:00 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 may 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. Acting Executive Director's Report .
    1.  Executive Director's Report
    2.  Report on Local Government Workshop of November 6, 2015 on the LCP Planning Program (Part I); and Sea Level Rise Guidance (Part II)
      Commission staff report on the results of the workshop with local government and the public. (JA/LF-SF)
    3.  Legislative Report
      Legislative report and possible Commission action. (JA/SC-SF)

SAN DIEGO COAST DISTRICT

  1.  CONSENT CALENDAR.      Motion and Vote
    See Agenda Categories .
    1. Application No. 6-16-0248 (San Elijo Lagoon Conservancy/County of San Diego, Parks & Rec. Dept, Encinitas)
      Application of San Elijo Lagoon Conservancy/County of San Diego, Parks & Rec. Dept. to remove sand and cobbles from lagoon inlet as necessary over a period of five years to maintain tidal flow and place excavated material on adjacent Cardiff State Beach and two dune enhancement sites in San Elijo Lagoon, Encinitas, San Diego County. (SR-SD)

ENFORCEMENT

  1.  ENFORCEMENT REPORT.
    Report by Chief of Enforcement on Statewide Enforcement Program. (LAH-SF)

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).    Ex-Parte   Motion and Vote
    See Agenda Categories .   
  3.  LOCAL COASTAL PROGRAMS (LCPs).
    See Agenda Categories .
    1.  City of Carlsbad LCP Amendment No. LCP-6-CAR-15-0034-2 (General Plan Update/LCP Map Revisions) [ADDENDUM]
      Public hearing and action on request by the City of Carlsbad to amend its certified Land Use and Zoning Maps and revise multiple Zoning Ordinances related to residential density and allowed uses in the Office zone. (EP-SD)     Motion and Vote    Motion and Vote   Amending  Motion and Vote      Motion and Vote      Motion and Vote
    2.  City of Carlsbad LCP Amendment No. LCP-6-CAR-16-0015-2 Part B (Indoor Shooting Ranges) [ADDENDUM]
      Public hearing and action on request by the City of Carlsbad to amend its certified Implementation Plan to permit and regulate indoor shooting ranges within the Planned Industrial (P-M) zone. (EP-SD)      Motion and Vote
    3.  City of Encinitas LCP Amendment No. LCP-6-ENC-15-0042-2 (Density Bonus Amendments) [ADDENDUM]
      Public hearing and action on request by the City of Encinitas to amend the certified LCP Implementation Plan for text changes to the City's Zoning Ordinance to make the City's regulation of density bonuses consistent with state law. (SR-SD)     Motion and Vote
    4.  City of San Diego LCP Amendment No. LCP-6-SAN-15-0035-4 (Part A/Affordable Housing Density Bonus)
      Public hearing and action on request by the City of San Diego to amend the certified Land Development Code (IP) to incorporate affordable housing density bonus provisions consistent with State law. (DNL-SD)     Motion and Vote
    5.  City of San Diego LCP Amendment No. LCP-6-SAN-16-0017-2 (Southeastern San Diego and Encanto Community Plans) [ADDENDUM]
      Concurrence with the Executive Director's determination that the request by the City of San Diego to amend the certified Land Development Code (IP) to recognize an update for the 1987 Southeastern San Diego Community Plan and a new community plan for Encanto is de minimis. (LJS-SD)     
    6.  City of Imperial Beach LCP Amendment No. LCP-6-IMB-14-0838-1 (Affordable Housing Density Bonus and Special Needs Housing). Certification Review
      Concurrence with the Executive Director's determination that the action by the City of Imperial Beach accepting the certification with suggested modifications of LCP Amendment No. LCP-6-IMB-14-0838-1 is legally adequate. (DNL-SD)
  4. PERMIT EXTENSION.
    See Agenda Categories .
    1.  Permit No. A-6-CII-08-028-E6 (Moss, Carlsbad)
      Request by Steve and Janet Moss to extend permit to demolish 2,100 sq.ft. single family home and construct new 6,755 sq.ft. home, swimming pool and spa on 13,650 sq.ft. bluff top lot, at 5015 Tierra Del Oro St., Carlsbad, San Diego County. (TR-SD)  
  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. 6-14-0559 (Sonnie, Encinitas)
      Application of Richard and Lupe Sonnie for after-the-fact retention of seawall, deadman anchor system, and gravel on bluff face; removal of existing failed upper bluff wall, construction of rear-yard concrete patio, construction of upper bluff rear-yard caisson and retaining wall retention system, installation of new landscaping on bluff face and aesthetic treatment of seawall face, at 858/860 Neptune Ave., Encinitas, San Diego County. (ES-SD) [POSTPONED]
    2.  Application No. 6-15-0555 (BAE Systems San Diego Ship Repair, San Diego) [ADDENDUM]
      Application of BAE Systems San Diego Ship Repair to install 45-ft.-high, 174,455 sq.ft. dry dock, construct mooring dolphin, expand existing mooring dolphin, and conduct 395,000 cu.yds. of dredging, at 2205 East Belt St., San Diego, San Diego County. (ML-SD)
    3.  Application No. 6-15-1717 (Barr, Solana Beach)
      Application of Mark and Felicia Barr to demolish single-family home and detached accessory unit and construct 1,949 sq.ft., 2-story single-family home with caisson foundation and attached 400 sq.ft. garage on 3,901 sq.ft. blufftop lot, at 225 Pacific Ave., Solana Beach, San Diego County. (ES-SD) [POSTPONED]
    4.  Application No. 6-15-1975 (San Diego West Mission Bay Drive Bridge Replacement)
      Application of City of San Diego to demolish existing 4-lane vehicular bridge over San Diego River and construct 2 new 1,300' x 63', 3-lane vehicular bridges with pedestrian/bike paths, at West Mission Bay Dr., San Diego, San Diego County. (AL-SD)
    5.  Application No. 6-15-2087 (SDG&E, Encinitas)
      Application of San Diego Gas and Electric to remove 10 wooden electrical distribution poles in San Elijo Lagoon between Stonebridge Lane and Manchester Ave., Encinitas, San Diego County. (SR-SD)
    6.  Application No. 6-16-0340 (Moss, Carlsbad) [ADDENDUM]
      Application of Steve and Janet Moss to demolish single family home and construct new 3-level, 5,450 sq.ft. single-family home with basement and 440 sq.ft. attached garage; after-the-fact placement of additional rock on existing rock revetment on 13,650 sq.ft. blufftop lot, at 5015 Tierra Del Oro St., Carlsbad, San Diego County. (TR-SD)      Motion and Vote
  6. REVISED FINDINGS.
    See Agenda Categories .
    1.  Application No. 6-15-0142 (St. John Garabed Armenian Apostolic Church, San Diego) [ADDENDUM]
      Consideration of findings in support of Commission's action on January 14, 2016 to approve permit with conditions to construct 93-ft. tall 8,740 sq.ft. church; 40-ft. tall, 17,185 sq.ft. multi-purpose hall; 28.3-ft. tall, 13,150 sq.ft. recreation center and 28.5-ft. tall, 10,460 sq.ft. education building on former agricultural land east of El Camino Real, north of Sea Country Ln, southwest of Gonzales Canyon, in San Dieguito River Valley, San Diego, San Diego County. (LJS-SD)      Motion and Vote

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 .

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.  San Luis Obispo County LCP Amendment No. LCP-3-SLO-16-0014-1 (Urban Services Line Adjustment, Los Osos)
      Concurrence with the Executive Director's determination that the request by San Luis Obispo County to amend the LCP's Land Use Plan maps to adjust Los Osos' Urban Services Line to include the Monarch Grove neighborhood, is minor. (DR-SC)
  4. 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. 3-15-0166 (Santa Cruz Seaside Company, Santa Cruz)
      Application of Santa Cruz Seaside Co. to authorize September 2014 emergency breaching of San Lorenzo River allowed under emergency permit, and after-the-fact authorization of: 1) unpermitted breaching in July 2014, and; 2) exterior waterproofing of Boardwalk basement seawall, at mouth of river on Main Beach, at San Lorenzo Point, Santa Cruz, Santa Cruz County. (RM-SC)

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).       Motion and Vote
    See Agenda Categories .
  3. LOCAL COASTAL PROGRAMS (LCPs).
    See Agenda Categories .
    1.  County of Mendocino LCP Amendment No. LCP-1-MEN-14-0840-1 (Mendocino Town Plan Update). Time Extension
      Public hearing and action to extend the time limit for action for up to one year for certification of County of Mendocino's request to update the Mendocino Town Segment of the certified LCP by amending both the certified Land Use Plan and Implementation Plan. (TG-A)      Motion and Vote
    2.  Humboldt County LCP Amendment No. LCP-1-HUM-15-0004-1 (Samoa Town Plan Modifications). Certification Review
      Concurrence with the Executive Director's determination that the resolutions and ordinances adopted by Humboldt County accepting the Commission's certification of LCP-1- HUM-15-0004-1 (Samoa Town Plan Modifications) with modifications are legally adequate. (MBK-A)   
  4. NEW APPEALS.
    See Agenda Categories .
    1.  Appeal No. A-1-MEN-16-0040 (Mendocino Land Trust, Mendocino Co.)
      Appeal by Diane Rubino of decision of County of Mendocino granting permit with conditions to Mendocino Land Trust for construction of trail along Pelican Bluffs with associated development including bridge, boardwalks, and signage at 26300 and 26600 So. Highway 1, approximately 600 feet south of its intersection with Curley Lane, south of Point Arena, Mendocino County. (TG-A)      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. 1-15-2054 (City of Eureka)
      Application of City of Eureka to construct 3.75 miles of Class 1 multi-use trail, as part of California Coastal Trail, including boardwalk, 7 bridges, trailheads, interpretive signs, playgrounds, outdoor workout equipment, landscaping, street crossing(s), lighting, fencing, drainage improvements, and restoration of 1.28 acres of salt marsh along the waterfront from Truesdale St. to Tydd St., Eureka, Humboldt County. (CK-A)
  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. 1-15-0205-A1 (Rock and Dwelley, Humboldt Co.)
      Request by Leland Rock and Charles Dwelley to amend permit granted for seasonal extraction of up to 100,000 cu.yds. of river run aggregate (sand and gravel) per year for a period of five years from dry river channel to modify special conditions for protection of snowy plover and yellow bellied cuckoo at extraction site along north side of lower Van Duzen River from its confluence with Eel River up to river mile 0.7, west of Highway 101 Bridge, Humboldt County. (MBK-A)
    2.  Permit No. 1-15-0204-A1 (Eureka Ready Mix, Humboldt Co.)
      Request by Eureka Ready Mix to amend permit granted for seasonal extraction of up to 150,000 cu.yds. of river run aggregate (sand and gravel) per year for a period of five years from dry river channel to modify special conditions for protection of the snowy plover and yellow bellied cuckoo at extraction site on the lower Eel River, on the "Hauck Bar," off of Fowler Lane, west of Highway 101, Alton area, Humboldt County. (MBK-A)

ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY 

  1.  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.
  2.  CONSENT CALENDAR (removed from Regular Calendar).      Motion and Vote
    See Agenda Categories .
  3. 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. 9-16-0033 (Coast Seafoods, Humboldt Co.)
      Application of Coast Seafoods to establish shellfish seed cultivation operation on existing pier facility at Arcata Bay, Humboldt County. (JS-SF) [POSTPONED]
  4. FEDERAL CONSISTENCY
    1.  CC-0004-15 (SANDAG, Encinitas & Solana Beach) [ADDENDUM]
      Consistency certification by San Diego Association of Governments (SANDAG) to construct 1.5 miles of second mainline railroad track crossing of San Elijo Lagoon, including new railroad bridge, crossovers, signals, and other improvements, between southern Encinitas and northern Solana Beach, San Diego County. (MD-SF)

 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:
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.