California Coastal Commission

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August 2007 Draft Agenda

Hyatt Regency Embarcadero
5 Embarcadero Plaza
San Francisco, CA 94111
(415) 788-1234
 

This has been updated at Noon, Thursday, July 26, 2007.
 

10:00 A.M.

WEDNESDAY, AUGUST 8, 2007

1. CALL TO ORDER.

2. ROLL CALL.

SOUTH COAST DISTRICT

3. CONSENT CALENDAR. (Removed from Regular Calendar). See AGENDA CATEGORIES.

  MOTION AND VOTE

a. Application No. 5-06-224 (Headrick, Pacific Palisades) Application of Michelle & Charles Headrick to demolish and construct 2-story, 3,329 sq. ft., single-family home, with attached 2-car garage and 12-ft. retaining wall on 5,896 sq. ft. R1-1 zoned lot, at 389 Las Casas Avenue, Pacific Palisades, Los Angeles County. (GB-LB)

b. Application No. 5-07-144 (Britts, Playa del Rey) Application of Kimberly Britts to remodel 2,763 sq. ft. residential duplex and add 766 sq. ft., including new third floor with deck, with a height of 37 feet, at 6409 & 6411 S. Ocean Front Walk, Playa Del Rey, Los Angeles, Los Angeles County. (AP-LB)

c. Application No. 5-07-159 (City of Long Beach, Long Beach) Application of City of Long Beach to repair 2 segments of vertical concrete seawall by coring 4-in. diameter holes and installing soil anchors, and storage of temporarily-displaced boat docks at Long Beach Yacht Club Long Dock, at Public Seawalls (next to 32-42 Rivo Alto Canal, 5913-5961 Corso Di Napoli and 1-7 Vista Del Golfo), Long Beach, Los Angeles County. (CP-LB)

d. Application No. 5-07-188 (Long, Venice) Application of Clifford Long to construct 45-ft.-high, 4-level, 3,188 sq. ft., single family home with attached 3-car garage on vacant lot, at 150 East Voyage Mall, Venice, Los Angeles, Los Angeles County. (CP-LB)

4. ENERGY and OCEAN RESOURCES REPORT. Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, matters not requiring public hearings, and status report on offshore oil & gas exploration & development. (AD-SF)

a. Request to File Application E-06-013 (Poseidon Resources Corporation, Carlsbad) Public hearing and action by the Commission pursuant to section 13056(d) of the Commission's regulations on the applicant's appeal of the Executive Director's determination that the coastal development permit application for a proposed desalination facility at the Encina power plant in Carlsbad, San Diego County is incomplete and therefore cannot be filed. (TL - SF) [WITHDRAWN]

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

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.

a. Application No. E-99-011-A2 and CC-028-00 (MFS Globenet, Inc. San Luis Obispo Co.) Request by MFS Globenet, Inc. to amend permit and modify consistency certification for MFS Globenet, Inc. fiber optic cable system to reduce frequency of burial surveys from once every 18 to 24 months, to once every 5-years, in state and federal waters offshore Montana de Oro State Park, west-southwest of City of Los Osos, San Luis Obispo. (DL-SF) 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:

CCC v. U.S. Department of the Navy et al. Govt. Code § 11126(e)(2)(A). 
City of Oxnard v. CCC Govt. Code § 11126(e)(2)(A). 
Coastal Law Enforcement Action Network et al. v. CCC (Association of Volleyball Professionals, RPI) Govt. Code § 11126(e)(2)(A). 
Coastal Law Enforcement Action Network et al. v. CCC (Pacific Gas & Electric Co., RPI) Govt. Code § 11126(e)(2)(A). 
Douglas v. CCC (Mountains Recreation and Conservation Authority, RPI) Govt. Code § 11126(e)(2)(A). 
Kretowicz et al. v. CCC, Govt. Code § 11126(e)(2)(A). 
Manchester Pacific Gateway LLC v. CCC et al. Govt. Code § 11126(e)(2)(A). 
Schneider v. CCC, Govt. Code § 11126(e)(2)(A). 

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).

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

8. Commission Cease & Desist Order No. CCC-07-CD-03 (Emerson, Pacific Shores Subdivision, Del Norte Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Mr. James Emerson, as owner of property, located at Block 41, Lot 22, APN 108-161-22, Pacific Shores Subdivision, Del Norte County to: (1) cease and desist from conducting or maintaining un-permitted development consisting of fill (in and/or adjacent to wetlands), change in intensity of use from vacant lot to residential use, removal of major vegetation, and placement of large pre-fabricated structure, at least 4 mobile homes or trailers, 4-5 vehicles, and several off-road vehicles on property; (2) remove all un-permitted development from property, in accordance with terms of the Orders; and (3) restore impacted areas of property to condition before Coastal Act violations occurred. (EMH-SF)

9. Commission Restoration Order No. CCC-07-RO-02 (Emerson, Pacific Shores Subdivision, Del Norte Co.) Public hearing and Commission action on proposed Restoration Order directing Mr. James Emerson, as owner of a property located at Block 41, Lot 22, APN 108-161-22, Pacific Shores Subdivision, Del Norte County, to: (1) remove un-permitted development, consisting of fill (in and/or adjacent to wetlands), change in intensity of use from vacant lot to residential use, removal of major vegetation, and placement of large pre-fabricated structure, at least 4 mobile homes or trailers, 4-5 vehicles, and several off-road vehicles, from property, in accordance with terms of the Orders; and (2) restore impacted areas to condition before Coastal Act violations occurred. (EMH-SF)

10. Notice of Violation No. CCC-07-NOV-05 (Emerson, Pacific Shores Subdivision, Del Norte Co.) Public hearing and Commission action on proposed recordation of Notice of Violation identifying un-permitted development by Mr. James Emerson, as property owner, on property located at Block 41, Lot 22, APN 108-161-22, Pacific Shores Subdivision, Del Norte County. (EMH-SF) [WITHDRAWN]

11. 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.

12.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.     MOTION AND VOTE

13. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.

a. County of Ventura LCP Amendment No. 1-2007 (Crown Pointe Estates) Time Extension. Public hearing and action to extend time limit for one year on request by County of Ventura to amend its LCP to change the Land Use Map of the Coastal Area Plan and the Coastal Zoning Ordinance for a 6.38 acre subject site currently designated for 4.26 acres of commercial use and 2.12 acres of residential use in order to allow for 1.36 acres of commercial use and 5.02 acres of residential use at a greater density.  In addition, the amendment would also change the Land Use Map designation for 9 adjacent parcels (Tract 4483), approximately 9 acres in combined size, to conform with higher densities allowed by existing Coastal Zoning Ordinance.  The area subject to this amendment is located between Pacific Coast Highway and Ellice Street in southern Ventura County.  (JJ-V)  MOTION AND VOTE

b. County of Santa Barbara LCP Amendment No. MAJ-2-06 (Noticing & Appeals). Public hearing and action on request by County of Santa Barbara to amend its LCP to revise the public noticing and appeal process requirements, Santa Barbara County. (SLG-V) [POSTPONED]

c. City of Oxnard Amendment No. OXN-MAJ-1-07 (Breakers Way Rezone) Public hearing and action on request by City of Oxnard to amend its LCP to change the zoning of the Breakers Way parcel located in the Oxnard Shores neighborhood from Resource Protection (RP) to Single Family Beach (R-B-1). (DC-V)             MOTION AND VOTE

13.5 NEW APPEALS.

a. Appeal No. A-4-STB-07-071 (Beach Club Trust, Santa Barbara Co.): Substantial Issue hearing on appeal by Commissioners Patrick Kruer and Sara Wan from decision of the County of Santa Barbara granting a coastal development permit to "validate" a remodeled single family residence with additions; remove five accessory structures; relocate four shipping containers, relocate four accessory structures, and "validate" three other un-permitted structures; located at 2825 Padaro Lane, Santa Barbara County. (SLG-V) [POSTPONED]         MOTION AND VOTE

b. Appeal No. A-4-STB-07-073 (Beach Club Trust, Santa Barbara Co.): Substantial Issue hearing on appeal by Commissioners Patrick Kruer and Sara Wan from decision of the County of Santa Barbara granting of a Conditional Use Permit for a 413 sq. ft. trailer with a 385 sq. ft. loft to be used as watchman's trailer, located at 2825 Padaro Lane, Santa Barbara County, Santa Barbara County. (SLG-V) [POSTPONED]

14. 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.

a. Application 4-04-010 (Las Virgenes Municipal Water District, Los Angeles Co.) Application of Las Virgenes Municipal Water District to convert an approximately 2.5 acre area of existing trenches and berms into percolation ponds for treating creek water and for disposal of tertiary treated wastewater from the Tapia Water Reclamation Facility. Treatment of creek water will occur on a basis of 40 weeks per years, except when creek flows fall below 2.5 cfs. Disposal/treatment of wastewater from Tapia Water Reclamation Facility shall occur between April 15th and May 31st and between October 1st and November 15th on an annual basis. (AT-V)       MOTION AND VOTE

b. Application 4-04-030 (Cordova, Los Angeles County).  Application of Denis Cordova to construct 2,194 sq. ft., two-story, 29 ft. high single family residence with attached 534 sq. ft. garage; 116 sq. ft. of second story decks; septic system; driveway; retaining walls; and 401 cu. yds. of grading (314 cu. yds cut; 87 cu. yds fill;) with 261 cu. yds. of removal & recompaction at 253 Vera Canyon Road, Malibu, Los Angeles County. (MCH-V) [POSTPONED]

c. Application No. 4-05-132 (Rein, Topanga) Application of Robert Rein to construct 2-story, 27 ft. high, 4,417 sq. ft. single family home, 1,056 sq. ft. 4-car garage, water tank and hydrant, septic system, improve 1,100 linear ft. of existing driveway & turnaround, and grade 4,215 cu.yds. of cut and 218 cu. yds. of fill at 21420 Hillside Drive, Topanga, Los Angeles County. (JJ-V)

d. Application 4-06-138 (Khalsa, Los Angeles County). Application of Jai Pal S. Khalsa, Didar S. Khalsa, and Siri Karm K Khalsa to construct 5,279 sq. ft., two story, 31 ft. high single family home with 800 sq. ft. garage; septic system; driveway; landscaping, pool, spa, decks, retaining walls, and 1,800 cu. yds. of grading at 24563 Piuma Road, Malibu, Los Angeles County. (MCH-V)

e. Application No. 4-07-002 (Calif. Dept. Parks & Recreation, Los Angeles Co.) Application of California Dept of Parks & Recreation to remove 1,000 linear-ft. berm approximately 1.8 acres in area and implement revegetation program along west bank of lower Topanga Creek in order to restore natural floodplain and channel of Topanga Creek at Topanga State Park, Los Angeles County. (DC-V)  MOTION AND VOTE

15. 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 Long Beach office at (562) 590-5071.

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

17. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.

a. City Of Laguna Beach LCP Amendment No. LGB-MAJ-1-07b (Assorted Implementation Plan Revisions). Public hearing and action on City of Laguna Beach LCP Amendment No. 1-07b which changes or adds Implementation Plan provisions regarding permit processing and Design Review Board powers, among others. (MV-LB)  MOTION AND VOTE

b. City of Laguna Beach LCP Amendment No. LGB-MAJ-2-06 (Design Review Procedures). Public hearing and action on request by the City of Laguna Beach to amend the certified Local Coastal Program (LCP), affecting the Implementation Plan, by amending several design review procedures addressing variances, a change to the type of development subject to design review and building permit requirements, codification of Administrative Design Review process, and changes to requirements related to staking, biological reports, fire department review, public notice, public hearings, appeals, and re-application for approval of denied proposals. (RT-LB)                  MOTION AND VOTE

18. 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.

a. Application No. 5-06-129 (Three Arch Bay Assoc., Laguna Beach) Application of Three Arch Bay Association to repair and reconstruct 2 existing private beach access stairways down coastal bluff face, including replacement of certain decayed wood elements and enhancement of certain concrete supports, adjacent to 8 Barranca, 17-19 Bay Drive, 8-24 South La Senda, and payment of a mitigation fee towards replacement and enhancement of a public beach access stairway at Brooks Street, Laguna Beach (Orange County). (RT-LB)

b. Application No. 5-06-301 (McNamara, San Clemente) Application of Brian and Sarah McNamara to demolish one-story, 1,539 sq. ft., single-family residence with attached garage and construct 24 ft. high, two-story, 3,900 sq. ft., single-family residence, with attached 2-car garage and 1,048 sq. ft. in new decks on 13,873 sq. ft. canyon lot at 219 W. Marquita, San Clemente, Orange County. (LR-LB)

c. Application No. 5-06-328 (Schwendener, Seal Beach) Application of Alan Schwendener to demolish 1-story, 4,640 sq.ft., 10-unit apartment and construct 4 two-story, single-family homes ranging from 2,000 to 3,000 sq. ft. with attached 2-car garages, and grading. Subdivide single lot into 4 parcels ranging from 2,938 to 4,855 sq. ft., at 400 Marina Drive, Seal Beach, Orange County. (FSY-LB)

d. Application No. 5-06-344 (City of Newport Beach, Dept. of Public Works, Newport Beach) Application of City of Newport Beach, Dept. of Public Works to construct and connect sidewalk/boardwalk to existing sidewalk and plant 8 Red Willow trees as mitigation for impacting riparian and wetland habitat, at East side of Dover Drive from Cliff Drive to 970 ft north of Cliff Drive (south of 16th Street), adjacent to Castaways Park, Newport Beach, Orange County. (FSY-LB)

e. Application No. 5-07-14 (Rietkerk & Haugh, Seal Beach) Application of Tim Rietkerk & Jessica Haugh to demolish 1-story 1,463 sq. ft., 4-unit apartment and construct new 2-story, 2,609 sq. ft. single-family home with attached 2-car garage along with recompaction-type grading, at 1508 E. Ocean Ave., Seal Beach, Orange County (FSY-LB)

f. Application No. 5-07-131 (Dugan, Long Beach) Application of Michael Dugan to remove and replace private residential pier and gangway in same location using 2 existing piles and one new pile, at 5639 E Sorrento Drive, Long Beach, Los Angeles County. (CP-LB)

g. Application No. 5-07-168 (Wet Paws, LLC, Newport Beach) Application of Wet Paws, LLC to remove and replace an existing seawall at the same alignment with new pre-cast concrete panels and associated coping, tiebacks, concrete caissons and soldier piles and to remove remnants of pre-existing deck and construct new 3' concrete cantilevered deck at 2136 E. Balboa Blvd., Newport Beach, Orange County. (LR-LB)

h. Application No. 5-07-206 (Joyce, Torrance) Application of James and Eileen Joyce to remove non-native vegetation on lower portion of bluff on residential coastal bluff lot and revegetate area with native southern foredune scrub and southern bluff scrub to provide habitat for the endangered El Segundo blue butterfly, at 529 Paseo De La Playa, Torrance, Los Angeles County. (GB-LB)

19. PERMIT EXTENSIONS. See AGENDA CATEGORIES.

a. Permit No. 5-98-307-E7 (Griswold, Laguna Beach) Request by Charles & Valerie Griswold to extend, for up to one year, previously approved permit to construct single family home on vacant and reconstructed bluff-top lot, at 29 Bay Dr., Laguna Beach, Orange County. (MV-LB) MOTION AND VOTE

20. REVISED FINDINGS. See AGENDA CATEGORIES.

a. Application No. 5-06-396 (AVP Pro Beach Volleyball Tour, Inc., Hermosa Beach) Granted permit with conditions to the AVP Pro Beach Volleyball Tour, Inc. for a 4-day beach volleyball tournament, which includes concession booths and approximately 16 courts (includes 3,500-seat stadium court), on beach, between 1200 & 1300 blocks of The Strand, Hermosa Beach, Los Angeles County. (RT-LB) MOTION AND VOTE

STATEWIDE

21. APPROVAL OF MINUTES.

22. COMMISSIONERS' REPORTS.

23. CONSERVANCY REPORT.

24. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

25. SANTA MONICA BAY RESTORATION COMMISSION REPORT.

26. DEPUTY ATTORNEY GENERAL'S REPORT.

27. EXECUTIVE DIRECTOR'S REPORT including report on legislation and Water Quality.

a. Interagency Agreements. Approval of transfer of federal funds to San Francisco Bay Conservation and Development Commission for implementation of California Coastal Management Program. (AM-SF)                  MOTION AND VOTE

b. Public Education Grant Program. Public hearing and action on proposed targeted grant awards from sales of the Whale Tail License Plate. MOTION AND VOTE
(CP & SBL - SF)

c. Legislation. The Commission may take action on the following legislation:

ACA 8, AB 120, AB 141, AB 258, AB 319, AB 739, AB 740, AB 828, AB 992 , AB 1046, AB 1056, AB 1066, AB 1074, AB 1096, AB 1280, AB 1338, AB 1396, AB 1457, AB 1459, AB 1568, SB 4 , SB 10, SB 54, SB 157, SB 300, SB 333, SB 412, SB 634, SB 670, SB 742, SB 821, SB 884, SB 898, SB 911, SB 939, SB 965, SCA 1

d. Possible Selection of Subcommittee. Commission discussion and possible action to establish a subcommittee to discuss indemnification of the Commission for its costs and attorneys fees if litigation results from approval of a coastal development permit.