California Coastal Commission
This has been
updated at Noon, Thursday, July
26, 2007.
1. CALL TO ORDER.
2. ROLL CALL.
3. CONSENT
CALENDAR. (Removed from Regular
Calendar). See AGENDA
CATEGORIES.
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 (TL - SF) [WITHDRAWN]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
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)
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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
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.