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Meeting Agenda
May 2019

Oxnard City Council Chambers
305 West 3rd Street
Oxnard, CA 93030

 

Thursday May 9, 2019, 9:00am

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. At the discretion of the Chair, speakers will be given up to 3 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.

North Coast District

5.  Deputy Director's ReportCONCURRED

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's Arcata office at (707) 826-8950.

6.  Consent Calendar (removed from Regular Calendar)

7. Local Coastal Programs (LCPs)

a.  City of Eureka LCP Amendment No. LCP-1-EUR-19-0004-1 (Cannabis) Time ExtensionApproved

Public hearing and action to extend the 60-day time limit for Commission action for up to one year on request by the City of Eureka for certification of an amendment to the certified Implementation Plan to modify the regulation of commercial cannabis facilities to (1) remove a prohibition on signs for cannabis businesses; (2) allow onsite consumption of cannabis products at cannabis retail facilities; and (3) add a new more-limited cannabis retail facility use type for onsite consumption of cannabis products in the same districts where the broader cannabis retail facility use type is allowed as well as in the Commercial Waterfront (CW) District. (CK-A)

          Motion and Vote 

b.  County of Humboldt LCP Amendment No. LCP-1-HUM-16-0075-2 Part C (Commercial Cannabis Land Use Ordinance)APPROVED WITH MODIFICATIONS

Public hearing and action on request of the County of Humboldt to amend certified implementation plan (IP) to add standards for commercial activities associated with cultivation, processing, manufacturing, distribution, testing, and sale of cannabis. (MBK-A)

          Motion and Vote    Motion and Vote 

Energy, Ocean Resources & Federal Consistency

8.  Energy, Ocean Resources & Federal ConsistencyCONCURRED

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.

9.  Consent Calendar (removed from Regular Calendar)

         Motion and Vote 

10. Coastal Permit Applications

a.  Application No. 9-14-0731 (Poseidon Water, National City and City of San Diego) APPROVED WITH CONDITIONS

Application of Poseidon Water to restore 33.5 acres of disturbed uplands and 90.9 acres of salt ponds to tidal wetlands at south end of San Diego Bay within San Diego Bay National Wildlife Refuge. The proposed restoration project will mitigate for impacts associated with operation of Poseidon Carlsbad Desalination Facility as required by Special Condition 8 of CDP E-06-013, within San Diego Bay National Wildlife Refuge, San Diego County. (KH-SF)

          Motion and Vote 

b.  Application No. 9-18-0629 (Southern California Marine Institute, Palos Verdes) APPROVED WITH CONDITIONS

Application of Southern California Marine Institute to construct nine total acres of rocky reef comprised of 24 separate reef blocks of approx. 16,000 sq. feet each within 69-acre area of sandy seafloor in state waters 0.3 miles offshore of Bunker Point on Palos Verdes Peninsula, Los Angeles County. (CT-SF)

          Motion and  Vote 

11. Federal Consistency

a.  CC-0003-19 (Union Pacific Railroad, Santa Barbara Co.) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Consistency Certification by Union Pacific Railroad to replace Narlon Bridge crossing San Antonio Creek, Vandenberg Air Force Base, Santa Barbara County. (MD-SF)

b.  CD-0004-18 (Air Force, Santa Barbara Co.) POSTPONED

Consistency determination by Department of the Air Force for five-year (2019-2023) beach management plan regarding endangered species protection and public access at Vandenberg Air Force Base, Santa Barbara County. (LS-SF)

c.  CD-0001-19 (Bureau of Indian Affairs, Trinidad) Postponed

Consistency Determination by Bureau of Indian Affairs for federal funding guarantee to Cher-Ae Heights Indian Community of Trinidad Rancheria for 100-room hotel, adjacent to Trinidad Rancheria's existing casino, off Scenic Dr., Trinidad, Humboldt County. (JW-SF)

San Diego Coast District

12.  Deputy Director's ReportCONCURRED

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's San Diego office at (619) 767-2370.

13.  Consent Calendar (removed from Regular Calendar)

          Motion and Vote 

14. Local Coastal Programs (LCPs)

a.  City of Oceanside LCP Amendment No. LCP-6-OCN-18-0053-1 (Nonconforming Uses and Structures) Certification ReviewCONCURRED

Concurrence with Executive Director's determination that action by the City of Oceanside accepting the Commission's certification with suggested modifications is legally adequate. (TR-SD)

b.  City of Oceanside LCP Amendment No. LCP-6-OCN-18-0054-1 (Wireless Telecommunication Facilities) Certification ReviewCONCURRED

Concurrence with Executive Director's determination that action by the City of Oceanside accepting the Commission's certification with suggested modifications is legally adequate. (TR-SD)

c.  City of Oceanside LCP Amendment No. LCP-6-OCN-18-0101-3 (Zoning Text Amendment Procedures & Emergency Shelters/Transitional and Supportive Housing) Time ExtensionApproved

Public hearing and action to extend the 60-day time limit for Commission action for up to one year on request by the City of Oceanside to amend its Implementation Plan to update certain administrative procedures and incorporate previously adopted regulations for transitional and supportive housing and emergency shelters. (TR-SD)

          Motion and Vote 

d.  City of Oceanside LCP Amendment No. LCP-6-OCN-18-0102-4 (Tier 1 Agritourism) Time ExtensionApproved

Public hearing and action to extend the 60-day time limit for Commission action for up to one year on request by the City of Oceanside to amend its Implementation Plan to provide regulations for Tier 1 Agritourism activities. (TR-SD)

          Motion and Vote 

e.  City of Oceanside LCP Amendment No. LCP-6-OCN-18-0103-5 (Medical Cannabis Regulations) Time ExtensionApproved

Public hearing and action to extend the 60-day time limit for Commission action for up to one year on request by the City of Oceanside to amend its Implementation Plan to provide regulations for Medical Cannabis facilities. (TR-SD)

          Motion and Vote 

f.  City of Del Mar LCP Amendment No. LCP-6-DMR-18-0096-2 (941 Camino Del Mar Specific Plan)APPROVED AS SUBMITTED

Public hearing and action on request by the City of Del Mar to amend its certified Land Use and Implementation Plans to rescind the Garden del Mar Specific Plan and then approve a Specific Plan for the redevelopment of a 25,524 square foot property consisting of two adjacent parcels at the southeast corner of Camino Del Mar and 10th Street. (SL-SD)

          Motion and Vote     Motion and Vote 

15. New Appeals

a.  Appeal No. A-6-DMR-18-0072 (Coleman, Del Mar) Postponed

Appeal by Commissioners Brownsey and Padilla of City of Del Mar decision granting permit with conditions to Matt and Laurie Coleman for demolition of single-family home and accessory structure, and construction of 6,926 sq.ft., 26-ft. tall, 3-level single-family home and 1,951 sq.ft., 26-ft. tall, 3-level accessory structure on 8,000 sq.ft. lot, at 2828 Ocean Front, Del Mar, San Diego County. (ML-SD)

16. Coastal Permit Applications

a.  Application No. 6-18-0688 (City of San Diego Wetland Rehabilitation, San Diego) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Application of City of San Diego to restore approx. 2.20 acres of wetland habitat as mitigation for impacts resulting from previous emergency channel maintenance located within Otay River watershed east of Hollister St. and between Main St. and Palm Ave., Otay Mesa/Nestor, San Diego, San Diego County. (TR-SD)

b.  Application No. 6-18-0830 (San Diego Exploratory Foundation, San Diego) APPROVED WITH CONDITIONS

Application of San Diego Exploratory Foundation to operate inaugural Association of National Olympic Committees Beach Games, consisting of 6 days of ticketed aquatic and terrestrial athletic competitions and concert events, free athletic demonstrations and clinics, shuttle program, and habitat protection area, requiring closure of approx. 80 acres of public sandy beach and parkland for up to 28 days for set-up and take-down, at South Mission Beach Park and Mission Beach Park, Mission Beach, San Diego, San Diego County. (AL-SD)

          Motion and  Vote 

c.  Application No. 6-19-0131 (Nolan, San Diego) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Application of Debi Nolan to convert 616 sq. feet of 7,781 sq.ft., 2-story commercial leasehold into restaurant/bar at 1548 Quivira Way, Mission Bay, San Diego, San Diego County. (DD-SD)

d.  Application No. 6-19-0109 (Fenton Solana Highlands, LLC, Solana Beach) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Application of Fenton Solana Highlands, LLC to demolish existing 159,015 sq.ft. 198-unit apartment complex and construct new 253,423 sq.ft. 260-unit apartment complex including 32 affordable senior units at 661-781 South Nardo Ave. and 821 Stevens Ave., Solana Beach, San Diego County. (DD-SD)

17. Permit Amendments

a.  Permit No. 6-89-284-A1 (San Elijo Joint Powers Authority (SEJPA) Shared-Use Trail, Encinitas) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Request by SEJPA to modify permit for expansion and upgrade of wastewater facility to amend existing open space boundary to facilitate future construction of new 12-ft. wide shared-use trail at 2695 Manchester Ave., Cardiff, Encinitas, San Diego County. (DD-SD)

South Central Coast District

18.  Deputy Director's ReportCONCURRED

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's Ventura office at (805) 585-1800.

19.  Consent Calendar (removed from Regular Calendar)

          Motion and Vote 

20. Local Coastal Programs (LCPs)

a.  City of Malibu LCP Amendment No. LCP-4-MAL-13-0241-1 (Affordable Housing Reasonable Accommodation)APPROVED WITH MODIFICATIONS

Public hearing and action on the City of Malibu's request to amend the Local Implementation Plan portion of its certified LCP to create a Affordable Housing Overlay, add procedures related to reasonable accommodations for persons with disabilities, and add provisions for housing density bonuses, farmworker employee housing, emergency shelters, single-room occupancies, small and large residential care facilities, transitional and supportive housing, and update housing-related definitions. (DV-V)

         Motion and Vote      Motion and Vote  

b.  City of Malibu LCP Amendment No. LCP-4-MAL-18-0083-2 (Public Access Map Updates)APPROVED WITH CONDITIONS

Public hearing and action on the City of Malibu's request to update the Land Use Plan Public Access Map portion of its certified LCP to reflect current information showing the location of existing public beaches, and both lateral and vertical public access ways, in addition to formatting and graphic depiction revisions. (CG-V)

          Motion and Vote      Motion and Vote 

c.  County of Santa Barbara LCP Amendment No. LCP-4-STB-18-0098-3 Time ExtensionApproved

Public hearing and action to extend the time limit for action for one year on County of Santa Barbara's request to amend portions of its certified Local Coastal Program, and includes Part A (Coastal Resiliency) to amend the text of the Land Use Plan and the Implementation Plan to add policies and development standards regarding coastal hazards and planning for sea level rise, and Part B (Agricultural Employee Dwelling Ordinance) to amend the Implementation Plan to revise regulations related to agricultural employee housing. (MK-V)

          Motion and Vote 

d.  City of Carpinteria Local Coastal Program Amendment No. LCP-4-CPN-18-0089-1 (Cannabis Regulations). Certification ReviewCONCURRED

Concurrence with the Executive Director's determination that action by the City of Carpinteria, accepting the Commission's certification of amendment No. LCP-4-CPN-18-0089-1 with modifications, is legally adequate. (WH-V)

e.  County of Santa Barbara LCP-4-STB-18-0071-2-Part A (Highway 101 HOV: Carpinteria to Santa Barbara). Certification ReviewCONCURRED

Concurrence with the Executive Director's determination that the action by Santa Barbara County accepting the Commission's certification with one suggested modification is legally adequate. (MK-V)

f.  City of Santa Barbara LCP Amendment No. LCP-4-SBC-18-0062-1 (LUP Update)APPROVED WITH MODIFICATIONS

Public hearing and action on the City of Santa Barbara's request to amend the Land Use Plan portion of the certified Local Coastal Program to comprehensively update text, maps, and land use designations. (MS-V)

          Motion and Vote     Motion and Vote  

21. New Appeals

a.  Appeal No. A-4-VNT-18-0070 (Kaplan, Ventura Co.) SUBSTANTIAL ISSUE FOUND, de Novo Hearing CONTINUED

Appeal by Terry O'Brien and Nancy Graham, Paul and Joanne Fillmore, and Robert McPherson of decision of Ventura County granting permit with conditions to Ross and Leslie Kaplan for demolition of existing 2,170 sq.ft. single-family home constructed over 2 lots, and construction of new 5,264 sq.ft. single-family home, new 4,695 sq.ft. single-family home, and cosmetic refinishing of existing seawall, at 3692 W. Pacific Coast Highway, Faria Beach, Ventura County. (CG-V)

22. Coastal Permit Applications

a.  Appeal No. A-4-STB-18-0074 (Wall Family Trust - Hollister Ranch Parcel 36, Santa Barbara Co.) DENIED

Appeal by Commissioners Groom and Padilla of decision of County of Santa Barbara granting permit with conditions to Wall Family Trust for construction of swimming pool, in-ground spa, and associated equipment on Hollister Ranch Parcel No. 36 in the Gaviota area of Santa Barbara County. (MK-V)

          Motion and Vote 

23. Permit Amendments

 Please note: Th23a-b share a single combined staff report and hearing

a.   Permit No. 4-05-069-A3 (Uger, Los Angeles Co.) Withdrawn

Request by Thomas Uger to amend permit to allow for restoration of existing driveway, including 976 cu.yds. of fill and revegetation with native species, construction of new driveway (102 cu.yds. of cut, 16 cu.yds. of fill), and after-the-fact approval of approx. 2,755 sq.ft. of vegetation removal at 2161 Encinal Canyon Rd., Santa Monica Mountains, Los Angeles County. (CG-V)

b.  Permit No. 4-13-0256-A1 (Uger, Los Angeles Co.) Withdrawn

Request by Thomas Uger to amend permit to modify configuration of recorded open space conservation easement area to allow for construction of new driveway at 2161 Encinal Canyon Rd., Santa Monica Mountains, Los Angeles County. (CG-V)

c.  Permit No. 4-06-001-A3 (Atlas Surrey, LLC, Los Angeles Co.) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Request by Atlas Surrey, LLC to increase maximum allowable Gross Structural Area for approved single-family home by 600 sq. feet through retirement of development rights on two non-contiguous lots within El Nido Rural Village and after-the-fact approval to add 600 sq. feet of habitable space in understory of approved single-family home. The addition involved 43.68 cu.yds. of grading (cut), 2945 Seabreeze Dr., Santa Monica Mountains, Los Angeles County. (WH-V)