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 DECEMBER 2016 AGENDA


Ventura City Council Chambers
501 Poli Street
Ventura, CA 93001


(415) 407-3211

active during meeting only

WEDNESDAY DECEMBER 7, 2016 9:00 A.M.

  1.  CALL TO ORDER.
  2.  ROLL CALL.
  3.  ELECTION OF OFFICERS.
    Commission consideration and possible vote on the election of officers and representatives to the Santa Monica Mountains Conservancy and the Santa Monica Bay Restoration Commission.   
  4.  AGENDA CHANGES.
  5.  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.    
  6.  CHAIR'S REPORT

STATEWIDE

  1.  Acting Executive Director's Report .
    1.  Executive Director's Report
    2.  Interagency Agreement
      Authorization to enter into contract with Sea Grant/University of California, San Diego to pay Commission's share of costs for one California Sea Grant Fellow for one-year. (SH-SF) [POSTPONED]
    3.  Annual Report of the Conservation/Open Space OTD Program
      Discussion item only. (AH-SF)
  2.  STATUS UPDATE ON EXECUTIVE DIRECTOR SEARCH PROCESS
    (SH/MW-SF)

SOUTH COAST DISTRICT (ORANGE COUNTY)

  1.  CONSENT CALENDAR       Motion and Vote
    See Agenda Categories .
    1. Application No. 5-16-0363 (City of Irvine)
      Application of City of Irvine for roadway improvements, including third travel lane, curb, and gutter, in each direction, and sidewalk on eastbound side of University Dr. between MacArthur Blvd. and Campus Dr., in Irvine and Newport Beach, Orange County.(MR-LB)
    2. Application No. 5-15-2110 (Miller, Newport Beach)
      Application of Jeff Miller to demolish single-family home and construct 3,841 sq.ft. 3-story with basement, single-family home with attached 647 sq.ft. 2-car garage on beach fronting lot at 1608 West Oceanfront, Newport Beach, Orange County. (FSY-LB)

SAN DIEGO COAST DISTRICT

  1.  CONSENT CALENDAR (removed from Regular Calendar).     Motion and Vote
    See Agenda Categories .
    1. Application No. 6-16-0642 (Dalrymple, San Diego)
      Application of Melvin Dalrymple to demolish 420 sq.ft. 1-story single-family home and construct 3-story, 2,914 sq.ft. mixed-use building including 439 sq.ft. retail space at 3828 Mission Boulevard, Mission Beach, San Diego, San Diego County. (KC-SD)
    2. Application No. 6-16-0671 (Santa Fe Christian Schools, Solana Beach)
      Application of Santa Fe Christian Schools to demolish 2 existing, 1-story, modular classroom buildings totaling approx. 3,200 sq.ft., construct 2 new, 2-story classroom buildings totaling approx. 11,400 sq.ft., and construct 2 new guard booths on 16.31 acre site at 838 Academy Dr., Solana Beach, San Diego County. (LS-SD)
    3. Application No. 6-16-0787 (SCPT Marina Village, LLC, San Diego)
      Application of SCPT Marina Village, LLC to replace 52 existing concrete dock floats with new polystyrene foam/concrete docks with no change to number or size of docks at 1936 Quivira Way, Mission Bay Park, San Diego, San Diego County. (KC-SD)
    4. Application No. 6-16-0805 (Clare, San Diego)
      Application of Andrew and Anna Clare to demolish 590 sq.ft. 1-story single-family home and construct 1,563 sq.ft., 3-story single-family home at 747 Yarmouth Ct., Mission Beach, San Diego, San Diego County. (KC-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).     Motion and Vote
    See Agenda Categories .
  3. LOCAL COASTAL PROGRAMS (LCPs).
    See Agenda Categories .
    1.  City of Encinitas LCP Amendment No. LCP-6-ENC-16-0058-2 (Part A) (Density Rounding)
      Public hearing and action on request by City of Encinitas to amend its certified Implementation Plan to modify the City’s density bonus regulations. (ES-SD)
    2.  City of Encinitas LCP Amendment No. LCP-6-ENC-16-0058-2 (Part B) (Grading Exemptions) [ADDENDUM]
      Public hearing and action on request by City of Encinitas to amend its certified Implementation Plan to add a section to establish grading permit exemptions for urban agriculture projects. (ES-SD)       Motion and Vote
    3.  City of San Diego LCP Amendment No. LCP-6-CCP-16-0025-2 (Downtown Employment Overlay Zone Amendments)
      Public hearing and action on request by City of San Diego to amend the Downtown Community Plan (LUP) and Centre City Planned District Ordinance (IP) to remove the Employment Overlay zone from the ten downtown blocks bounded by Ash Street, Pacific Highway, E Street and Kettner Blvd. (LS-SD)   Motion and Vote     
       Motion and Vote
  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. 6-16-0132 (Oceanus GHAD et al., San Diego)
      Application of Oceanus GHAD et al. to construct 125 ft. long, 35 foot high seawall; 50 feet previously constructed under emergency permit, on public beach and bluff fronting 4848 Bermuda Ave., 1466-1472 Pescadero Dr., and 1476-1480 Pescadero Dr., Ocean Beach, San Diego, San Diego County. (ES-SD)       Motion and Vote
    2.  Application No. 6-16-0275 (San Elijo Lagoon Conservancy and Caltrans San Elijo Lagoon Restoration, Encinitas and Solana Beach)
      Application of San Elijo Lagoon Conservancy and Caltrans to restore and enhance the entire San Elijo Lagoon system. The project includes grading and dredging, removal of dike and weir, construction of pedestrian trails and bridges, removal of non-native species, planting of native species, and export of approx. 850,000 cu.yds. of beach quality sediment for reuse at local beaches and storage at off-shore sites, Encinitas and Solana Beach, San Diego County. (ML-SD)      Motion and  Vote
    3.  Application No. 6-16-0459 (Solana Beach Pump Station)
      Application of City of Solana Beach to partially replace and upgrade existing sewage pump station, located between railroad ROW and San Elijo Lagoon on existing dirt access road beginning at north end of Rios Ave., Solana Beach, San Diego County. (ES-SD)
    4.  Application No. 6-16-0807 (Black Mountain Ranch LLC, San Diego)
      Application of Black Mountain Ranch LLC to expand Via de la Valle from 2-lane (24-40 feet wide) roadway to 4-lane roadway (60 and 106 feet wide) for a distance of approx. 5,470 linear feet; include a center median, 6-ft. wide bike lanes on both sides, traffic signal at Via del Cañon, 6-ft. wide pedestrian pathway on south side, new retaining walls ranging in height from 2 to 14 feet, and street lighting and utility relocations located between San Andres Dr. and El Camino Real, San Diego, San Diego County. (TR-SD)

      1.  
      Items W15a and W16a, below will be heard through a combined hearing


  5. PUBLIC WORKS PLAN.
    1.  North Coast Corridor Public Works Plan Amendment No. PWP-6-NCC-16-0006-2
      Public hearing and action on request by Caltrans and SANDAG to amend the NCC PWP/TREP to allow pile driving in the lagoons during bird breeding season provided mitigation and monitoring are implemented to minimize adverse impacts to sensitive species. (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. 6-15-2092-A1 (Caltrans I-5/San Elijo Lagoon Bridge Replacement, Encinitas)
      Request by Caltrans to amend permit for replacement of existing Interstate-5 bridge over San Elijo Lagoon to include pile driving in lagoon during bird breeding season provided mitigation and monitoring are implemented to minimize adverse impacts to sensitive species, Encinitas, San Diego County. (KB-SD)    Motion and Vote
    2.  Permit No. 6-15-1251-A1 (Symphony Asset Pool XVI, LLC, San Diego)
      Request by Symphony Asset Pool XVI, LLC to amend permit to demolish and reconstruct Plunge pool building in Belmont Park to allow temporary construction staging on 134 public parking spaces; operate temporary shuttle program during the non-summer season on weekends/holidays and allow minimal work to occur in the summer; at 3146 Mission Blvd, Mission Beach, San Diego, San Diego County. (AL-SD)

SOUTH COAST DISTRICT (ORANGE COUNTY)

  1.  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.
  2.  CONSENT CALENDAR (removed from Regular Calendar).
    See Agenda Categories .     Motion and Vote
  3. LOCAL COASTAL PROGRAMS (LCPs).
    See Agenda Categories .
    1.  LCP Amendment No. 1-16 (LCP-5-LGB-16-0055-1) City of Laguna Beach Short-term Lodging Regulations
      Public hearing and action to extend the time limit for Commission action for up to one year on request by the City of Laguna Beach to amend the Implementing Ordinances (LIP) portion of the certified LCP in order to implement new regulations and standards for the operation of short term lodgings, including prohibiting new short-term vacation rentals in residential zones. (MA-LB)             Motion and Vote
    2.  LCP Amendment No. 2-16 (LCP-5-DPT-16-0044-1) City of Dana Point Headlands Development Conservation Plan ADDENDUM
      Public hearing and action to amend the Headlands Development Conservation Plan portion of the Land Use Plan and Implementing Ordinances of the certified LCP in order to allow the establishment of hours of operation and installation of gates at the Mid-Strand and Central Strand Beach Access ways in the Headlands area of Dana Point. (SV-LB)     Motion and  Vote    Motion and Vote     Motion and Vote      Motion and Vote
  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. 5-14-1582 (Capistrano Shores Property, LLC, San Clemente)
      Application of Capistrano Shores Property, LLC to remove 1,440 sq.ft. 1-story mobile home and install 1,248 sq.ft., 16-ft. tall 1-story mobile/manufactured home at 1880 N El Camino Real, Unit Space #12, San Clemente, Orange County. (MA-LB)
    2.  Application No. 5-15-0123 (Mesa Water District, Newport Beach)
      Application of Mesa Water District to rehabilitate 1,700 linear ft. of existing 42-in. diameter potable water pipeline by inserting 30-in. diameter pipeline into existing pipeline; and excavation of three, 30’ x 15’ x 12’ (deep) access pits totaling 2,100 cu.yds. of cut; within Bonita & San Diego Creeks, Newport Beach, Orange County. (MV-LB)
    3.  Application No. 5-16-0203 (South La Senda Trust #109, Laguna Beach)
      Application of South La Senda Trust #109 to remodel 1,995 sq.ft. 2-story single-family home; addition of 386 sq.ft.; new grading, foundational elements, and caissons; and new landscape and hardscape, on bluff-top lot, at 109 South La Senda, Three Arch Bay, Laguna Beach, Orange County. (ZR-LB) [WITHDRAWN]
    4.  Application No. 5-16-0265 (Capo Surf No. 36, LLC, San Clemente)
      Application of Capo Surf No. 36, LLC. to remove 1-story 13-ft. high mobile home and install 1,493 sq.ft., 16-ft. high mobile/manufactured home at 1880 N. El Camino Real, Unit #36, San Clemente, Orange County. (MA-LB)
    5.  Application No. 5-16-0552 (California Department of Parks and Recreation; the Crystal Cove Alliance, Newport Beach)
      Application of California Department of Parks and Recreation and the Crystal Cove Alliance to renovate 17 historic cottages for overnight visitor serving uses (to include low-cost accommodations); construct new utility lines, beachfront boardwalk and service pathway, soil debris wall at toe of bluff, and caisson and grade beam system for slope stabilization of North Beach Road, expansion of visitor check-in parking lot and implement new overnight educational program, at Crystal Cove State Park, 8471 No. Coast Hwy, Newport Beach, Orange County. (AD-LB) [POSTPONED]
  5. 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. 5-13-039-A1 (Capistrano Shores, Inc., San Clemente)
      Request by Capistrano Shores, Inc. to amend permit granted with conditions for infrastructure improvements to mobile home park including replacement and relocation of fence with wall, trash enclosures and utility transformers, landscaping; and re-pavement of driveway at 1880 N. El Camino Real (Capistrano Shores Mobile Home Park), San Clemente, Orange County. (MA–LB)
  6. REVISED FINDINGS.
    See Agenda Categories .
    1.  City of Newport Beach LCP No. LCP-5-NPB-15-0039-1 (City of Newport Beach, Implementation Plan)
      Consideration of findings in support of the Commission’s action on September 8, 2016 to certify the Implementation Plan (IP) to complete the City’s certified Local Coastal Program (LCP), Newport Beach, Orange County. (LR-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:
  • 416 Grand Blvd. LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A)
  • Beach & Bluff Conservancy v. City of Solana Beach (CCC et al., RPI), Govt. Code § 11126(e)(2)(A)
  • Homeowner’s Assn. of the Solana Beach & Tennis Club v. City of Solana Beach (CCC, RPI)
  • Barth v. CCC, Govt. Code § 11126(e)(2)(A)
  • Beach Sandpit LLC v. CCC, Govt. Code § 11126(e)(2)(A)
  • Linovitz Cap Shores LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A)
  • Capistrano Shores Property LLC v. CCC, Govt. Code § 11126(e)(2)(A) – see item W20a
  • Compean v. Palos Verdes Peninsula Land Conservancy et al., Govt. Code § 11126(e)(2)(A)
  • Friends of the Canyon v. CCC (Longi et al., RPI), Govt. Code § 11126(e)(2)(A)
  • Fudge v. CCC et al. (Laguna Beach Golf & Bungalow Village LLC, RPI), Govt. Code § 11126(e)(2)(A)
  • Grassroots Coalition v. CCC (Lester et al., RPI), Govt. Code § 11126(e)(2)(A)
  • Hansen v. CCC (Silver Shoals Investors LLC, RPI), Govt. Code § 11126(e)(2)(A)
  • Helping Hand Tools et al. v. California Energy Resources Conservation & Development Comm. et al., Govt. Code § 11126(e)(2)(A)
  • Horizontal Development LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A) - see item F14b
  • Martins Beach 1 LLC et al. v. Turnbull Sanders et al., Govt. Code § 11126(e)(2)(A)
  • Newport Banning Ranch LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A)
  • Rubino v. CCC et al. (Mendocino Land Trust, RPI), Govt. Code § 11126(e)(2)(A)
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