California Coastal Commission

9:00 A.M.

WEDNESDAY, NOVEMBER 14, 2007

1. CALL TO ORDER.

2. ROLL CALL.

STATEWIDE

3. FILING FEE REGULATIONS.

a. Public hearing and possible Commission adoption of amendments to sections 13055, 13111, 13169, 13255.0, 13255.2 and 13576, and adoption of section 13255.1, of the Commission's regulations concerning filing fees. (MC/SMH/JB-SF)

Motion and Vote

Motion and Vote

4. SONGS Mitigation Program. Review of and possible Commission action on staff recommendation for the two-year 2008 and 2009 Work Program and Budget for the Commission's technical oversight and independent monitoring program for the San Onofre Nuclear Generating Station (SONGS) mitigation program required as a condition of Permit No. 6-81-330 (Southern California Edison, San Diego). (SMH & JJL-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).
Natural Resources Defense Council et al. v. Winter et al. Govt. Code § 11126(e)(2)(A).
CCC v. Starz Govt. Code § 11126(e)(2)(A).
Coastal Law Enforcement Action Network et al. v. CCC (Pacific Gas & Electric, RPI) Govt. Code § 11126(e)(2)(A).
Farr v. CCC et al. (Doyle, RPI) Govt. Code § 11126(e)(2)(A).
Harner v. CCC et al. Govt. Code § 11126(e)(2)(A).
Kretowicz v. CCC Govt. Code § 11126(e)(2)(A).
La Jolla Beach & Tennis Club Partners LP et al. v. CCC (City of San Diego et al., RPI) Govt. Code § 11126(e)(2)(A).
Sierra Club v. CCC (La Jolla Beach & Tennis Club et al., RPI) Govt. Code § 11126(e)(2)(A).
Rubinroit v. CCC et al. Govt. Code § 11126(e)(2)(A).
St. Catherine of Siena Catholic School et al. v. CCC Govt. Code § 11126(e)(2)(A).
Trancas Property Owners Association v. CCC Govt. Code § 11126(e)(2)(A).
CCC v. Trancas Property Owners Association et al. Govt. Code § 11126(e)(2)(A).
Manchester Pacific Gateway LLC v. CCC et al. 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).
 

SOUTH CENTRAL COST DISTRICT

5. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a.  Application No. 4-06-83 (Van Morganroth, Ventura Co.) Replace 55' x 8' floating dock with new 55' x 8' floating dock on existing piles in Ventura Keys waterway for boating related purposes. Existing gangway will remain. No piles, footings, or any structural elements will be placed in waterway or on rip-rap escarpment at1349 Beachmont Street, Ventura County. (AT-V)

b. Application No. 4-07-104 (Witham, Ventura Co.) Replace 41' x 8' floating dock with new 41' x 6.5' floating dock, two 14" x 14" pilings will remain, add two new docks, one 35' x 6.5' and one 50' x 6.5', add four new pilings, remove 3' x 26' ramp and replace with new 3' x 26' ramp, add one new 3' x 37' ramp and two new docks at 2677 Surfrider Avenue, Ventura County. (AT-V)

SOUTH COAST DISTRICT

6. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-07-300 (Stensrud Family Trust, Long Beach) Application of Stensrud Family Trust to remove boat dock and replace with new 6'x 34' floating dock in same location, and install new 3'x 4' landing and gangway. No new piles, at 98 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB)

b. Application No. 5-07-314 (Hualalai Trust, Long Beach) Application of Hualalai Trust to remove 5'x 25' boat dock and replace with new 5'x 60' floating dock in same location, and install new 2.5'x 18' gangway, no new piles, at 150 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB)

7. CONSENT CALENDAR. See AGENDA CATEGORIES.

Motion and Vote

a. Application No. 5-07-222 (Ted Shelton & Associates, L L C, Venice) Application of Ted Shelton & Associates, L L C to demolish one-story, 1,728 sq. ft. commercial structure on 8,208 sq. ft. beachfront site (two lots), and construct three-story (over subterranean parking garage), 35-ft. high, 10,815 sq. ft. mixed-use structure containing five residential condominium units, 1, 000 sq. ft. ground-floor retail-commercial space, and 19 parking spaces, at 305-309 Ocean Front Walk, Venice, Los Angeles, Los Angeles County. (CP-LB)

b. Application No. 5-07-306 (Shaw, Hermosa Beach) Application of David B. Shaw to construct two-story over basement level, 30- ft. high, 20,649 sq. ft., multi-use manufacturing building with 38 on- site parking spaces on 12,001 sq. ft., M-1 zoned lot. Project also includes lot line merger, at 601 Cypress Avenue, Hermosa Beach, Los Angeles County. (GB-LB)

c. Application No. 5-07-315 (Delphi Properties 1722 Strand L L C, Hermosa Beach) Application of Delphi Properties 1722 Strand L L C to demolish single family residence and construct 4,003 sq. ft., 30 ft.-high, two-story single family residence with roof deck, over basement level, and attached two-car garage on 2,396 sq. ft. R-2B zoned beachfront lot, at 1632 The Strand, Hermosa Beach, Los Angeles County. (GB-LB)

d. Application No. 5-07-320 (Cretikos, Newport Beach) Application of Mr. & Mrs. Cretikos to remodel and add 247 sq. ft. of living space to 4,810 sq. ft., single-family residence with attached 718 sq. ft. two-car garage and landscaping on bluff top lot, resulting in 14-ft. high, 5,057 sq. ft. single-family residence with attached 718 sq. ft., two-car garage and new attached 300 sq. ft. one-car garage, at 1918 Galaxy Drive, Newport Beach, Orange County. (RT-LB)

e. Application No. 5-07-328 (Brigandi, Newport Beach) Application of Christopher Brigandi to demolish single- family residence and construct new 4,177 sq. ft., two-story, 27-ft. high, single-family residence with attached 598 sq. ft., three- car garage, 440 sq. ft. roof deck, hardscape improvements and no landscaping on beachfront lot, at 1220 West Ocean Front, Newport Beach, Orange County. (LR-LB)

f. Application No. 5-07-335 (Yu, Hermosa Beach) Application of Pui Wah And Doris Yu to demolish five-unit apartment building and construct 3,437 sq. ft., 30 ft.-high, two-story over basement level, single-family residence with attached two-car garage on 2,394 sq. ft. R-2 zoned beachfront lot, at 820 The Strand, Hermosa Beach, Los Angeles County. (GB-LB)

g. Application No. 5-07-348 (Pham, Marina Del Rey) Application of Michael Rivera and Joanne Pham to demolish one-story duplex, and construct three-level, 29-ft. high, 4,859 sq. ft. duplex with five enclosed parking spaces on ground floor, at 14 Northstar St, Venice, Los Angeles, Los Angeles County. (CP-LB)

SOUTH CENTRAL COAST DISTRICT

8. 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.

a. County of Santa Barbara LCP Amendment No. STB-MAJ-2-04-D (Ellwood-Devereux Open Space Plan) Certification Review. Concurrence with Executive Director's determination that action by the County of Santa Barbara, accepting certification of Amendment No. 2-04-D with modifications, is legally adequate. (SLG-V)

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

Motion and Vote

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

a. 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)

Motion and Vote   

Motion and Vote

b. City of Carpinteria LCP Amendment No. MAJ-1-07 (Medical Marijuana Dispensaries and Reasonable Accommodation Procedures). Public hearing and action on request by City of Carpinteria to amend its LCP to 1) include a prohibition on medical marijuana dispensaries within City boundaries and 2) to include a procedure for granting a reasonable accommodation to zoning and building laws, rules, policies, practices and/or procedures of the City in order to allow for physical building changes that are necessary to provide disabled persons equal access. (AT-V)

Motion and Vote

11. 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. 4-05-162 (340 Inc, Los Angeles Co.) Application of 340 Inc. to construct 3,573 sq. ft., 22 ft. high, single family residence and attached 1,404 sq. ft. workshop, 734 sq. ft. garage, 165 sq. ft. greenhouse; carport, decks, 30' high viewing tower, pool, spa, water tanks; septic system; driveway; temporary construction trailer; and 492 cu. yds. of grading (263 cu. yds. cut and 229 cu. yds. fill). The project also includes removal of driveways, walls, and slabs from previous residence and removal of non-native invasive vegetation in disturbed areas at 1601 Rambla Pacifico, Malibu, Los Angeles County. (MCH-V)

b. Application No. 4-05-195 (Elliston, Malibu) Application of Doug and Diane Elliston to construct 3,000 sq. ft., two story 28 ft.-high, single family residence with a detached 682 sq. ft. two car lower level garage and 475 sq. ft. upper floor guest house, decks and balconies, driveway, septic system, gas tank, and 560 cu. yds. of grading (280 cu. yds. of cut and 280 cu. yds. of fill) at Ingleside Way and Coolglen Way, Malibu, Los Angeles County. (JCJ-V)

c. Application No. 4-07-28 (Johnson/Gray/Early, Los Angeles Co.) Application of John Johnson, Terry Gray, and Mary Early for after-the-fact request to re-divide four existing parcels into three reconfigured parcels located at 34221, 34217, and 34227 Mulholland Highway, Los Angeles County. (DC-V)

d. Application No. 4-06-101 (Gray, Los Angeles Co.) Application of Terry Gray to construct 6,473 sq. ft., 27-ft. high residence with attached 1,266 sq. ft. garage, driveway, Fire Department turnaround, water storage tank, septic system, retaining walls, and 3,584 cu. yds. grading (1,472 cu. yds. cut and 2,112 cu. yds. fill,) at 34221 Mulholland Highway, Los Angeles County. (DC-V)

e. Application No. 4-06-102 (Early, Los Angeles Co.) Application of Mary Early to construct 6,473 sq. ft., 27-ft. high residence with attached 1,266 sq. ft. garage, driveway, Fire Department turnaround, septic system, retaining walls, and 2,702 cu. yds. grading (2,667 cu. yds. cut and 35 cu. yds. fill) at 34217 Mulholland Highway, Los Angeles County. (DC-V)

f. Application No. 4-06-135 (Goodfriend, Los Angeles Co.) Application of Marvin Goodfriend to remove 274 cu. yds. of demolition debris, regrade 358 cu. yds. of soil, and install hillside drainage system at 3925 and 3929 Malibu Vista Drive, Malibu, Los Angeles County. (MCH-V)

Motion and Vote

g. Application No. 4-07-14 (Lane & Blake, Malibu) Application of Marc Lane and Samantha Blake to construct 4,771 sq. ft., three story, single family residence with attached 1,917 sq. ft. basement garage, solar photovoltaic panels 700 ft. long partially paved driveway, septic system, water tank, terraced gardens and landscaping, fire wall and fence, remove fence, and temporary residential trailer, 2 storage containers, and 2,320 cu. yds. of grading (1,160 cu. yds. of cut and 1,160 cu. yds. of fill) at 24071 Hovenweep Lane, Malibu, Los Angeles County. (JCJ-V)

Motion and Vote

h. Application No. 4-07-16 (Frymer, Los Angeles Co.) Application of Edward Frymer to construct 2-story, 29 ft. tall, 6,439 sq. ft. single family residence with attached 3-car garage, septic system, temporary placement of construction trailer, landscaping, and grading of 495 cu. yds. cut and 440 cu. yds. fill, at 1521 Decker Canyon Road, Los Angeles County. (AT-V)

12. 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. Permit No. 4-02-12-A1 (Cadoux, Los Angeles Co.) Request by Alex Cadoux to amend permit for new single family residence to relocate septic system and to perform remedial grading for removal and recompaction of approximately 7,000 sq. ft. area of landslide debris on property located at 2915 Tuna Canyon Road, Los Angeles County. (DC-V)

b. Application No. 4-04-104-A1 (Voss, Oxnard) Application of Dan Voss to amend CDP approved to construct 11 ft.-long concrete bulkhead wall extension, to delete bulkhead wall, and excavate boat dock berthing area, including increase of excavation to 334 cu. yds., permanent placement of 102 tons of rock rip-rap slope protection in 922 sq. ft. area of mudflat, and construction of a 35 ft. long deck adjacent to 4490 Eastbourne Bay, City of Oxnard, Ventura County. (BJC-V)

Motion and Vote

13. PUBLIC WORKS PLAN.

a. Ventura County-Channel Islands Harbor Public Works Plan Amendment No. 1-07 Time Extension. Public hearing and action to extend time limit for one year on request by the Ventura County Harbor Department to amend the certified Channel Islands Harbor PWP for waterside improvements to allow reconstruction, replacement, and maintenance of marinas and boater related amenities, allow pierhead expansions, consolidate commercial fishing services, and allow other changes in the policies of the PWP relating to waterside uses of the harbor. (AT-V)

Motion and Vote

SOUTH COAST DISTRICT

14. 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.

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

Motion and Vote

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

a. City of Huntington Beach Major LCP Amendment No. 1-06 (Shea/Parkside) The proposed LCP amendment would certify land use plan for approximately 50 acre area which designates 38.4 acres of site as low density residential, 8.2 acres as parkland, and 3.3 acres as conservation. The site is located adjacent to and west of Graham Street, north of East Garden Grove Wintersburg flood control channel, and south of Kenilworth, Huntington Beach, Orange County. (MV-LB)

Motion

Amending Motion and Vote

Second Amending Motion and Vote

Third Amending Motion and Vote

Main Motion and Vote

17. NEW APPEALS. See AGENDA CATEGORIES.

a. Appeal No. A-5-VEN-07-358 (City of Los Angeles Department of Public Works, Venice) Appeal by Robert Slayton of the denial of City of Los Angeles Local Coastal Development Permit Application No. 05-02 for proposed vacation of 25' x 480' portion of North Venice Boulevard public right-of-way at North side of North Venice Boulevard public right-of-way adjacent to 585-595 North Venice Boulevard, Venice, City of Los Angeles, Los Angeles County. (CP-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. 5-06-298 (Baziak, San Clemente) Application of Mr. and Mrs. David Baziak to install new landscaping and request for after-the-fact approval of installation of four (4) rows of wooden retaining walls to stabilize bluff face and thirteen (13) caissons and grade beams beneath residence and rear yard patio on coastal bluff lot at 4026 Calle Ariana, San Clemente, Orange County. (LR-LB)

b. Application No. 5-06-328 (Schwendener, Seal Beach) Application of Alan Schwendener to demolish existing one-story, 4,640 sq. ft. ten (10)-unit structure presently used for residential purposes and subdivide 13,667 sq. ft. lot into four (4) separate parcels ranging from 2,938 to 4,855 sq. ft., and construct four (4) new two-story, single-family residences ranging from 2,000 to 3,000 sq. ft. with attached two (2)-car garages and 600 cu. yds. of grading, at 400 Marina Drive, Seal Beach, Orange County. (FSY-LB)

Motion and Vote

c. Application No. 5-06-344 (City of Newport Beach, Newport Beach) Application of City of Newport Beach Department of Public Works to construct new 4 to 8ft.- wide sidewalk/boardwalk to provide connection with existing sidewalk. The project will cause impacts to riparian and wetland habitat, which the applicant proposes to mitigate by planting twelve (12) Arroyo Willow Stems and creation and enhancement of approximately 0.15 acres of wetland and riparian vegetation, at East side of Dover Drive from Cliff Drive to 970-feet north of Cliff Drive; Newport Beach, County of Orange (FSY-LB)

d. Application No. 5-06-481 (Abbott, Venice) Application of William Abbott to demoilish two-story single-family residence and detached garage, subdivide 2,700 sq. ft. lot into two lots, and construct two (one on each lot) three-level, 32.4-ft. high, 1,546 sq. ft. single-family residences, each with its own two-car garage in basement, at 121 Catamaran Street, Venice, Los Angeles, Los County. (CP-LB) [POSTPONED]

e. Application No. 5-07-70 (Alvarez, San Clemente) Application of Earnest Alvarez, Jr. & Paulette Alvarez to grade site and install caisson shoring/retaining walls and construct 4,468 sq. ft., 26 ft.-high, single family residence including offer to dedicate 2 ft.-wide public access easement with sidewalk at property line along Boca del Canon, and construct sidewalk along property frontage within La Rambla public right-of-way, at 317 La Rambla, San Clemente, Orange County. (KFS-LB)

Motion and Vote

f. Application No. 5-07-56 (Cragun, San Clemente) Application of Mark Cragun to grade site and install caisson shoring/retaining walls and construct 4,976 sq. ft., 32.5 ft. high (above road centerline), single family residence including offer to dedicate 2 ft. wide public access easement with sidewalk at property line along Boca del Canon, and construct sidewalk along property frontage within La Rambla public right-of-way, at 319 La Rambla, San Clemente, Orange County. (KFS-LB)

Motion and Vote

g. Application No. 5-07-210 (County of Los Angeles, Department of Public Works, Los Angeles) Application of County of Los Angeles, Department of Public Works to convert manually operated tide gate to automated and electronically controlled system located between Marina del Rey Channel and Ballona lagoon at Marina Way & Grand Canal, Marina del Rey, Los Angeles County. (AP-LB)

Motion and Vote

19. 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. Permit No. 5-95-55-A9 (City of Long Beach & Aquarium of The Pacific, Long Beach) Request by City of Long Beach & Aquarium Of The Pacific to expand footprint and facilities of the existing aquarium use in Shoreline Park, including construction of new watershed exhibit, classroom, animal care facility, and western perimeter fence, at 100 Aquarium Way, Long Beach, Los Angeles County. (CP-LB)

b. Permit No. 5-07-343-A1 (Macerich Property Management Co, Santa Monica) Request to remodel and redesign indoor 55,556 sq. ft. shopping mall into an outdoor shopping venue. Redesign will reduce the gross leasable sq. ft. by 10,234 sq. ft. and result in net loss of 49 parking spaces within one of two parking structures, at Santa Monica Place bounded by Broadway, Colorado Avenue, Second Street, and Fourth Street, Santa Monica, Los Angeles County. (AP-LB) [POSTPONED]

19.5. DISPUTE RESOLUTION.

a. Permit No. 5-04-466-EDD (Camden, L.L.C.) Public hearing on dispute over proposed grading to take place seaward of established bluff edge in compliance with Special Condition. No. 2 associated with project, as amended: demolish and construct new 8,990 sq. ft., two-story plus basement single-family residence with 293 sq. ft., 1st floor one-car garage and 2,444 sq. ft. subterranean, six-car garage on coastal bluff top lot at 177 Shorecliff Road, Newport Beach (Corona Del Mar), County of Orange. (FSY-LB)

Motion and Vote

STATEWIDE

20. APPROVAL OF MINUTES.

21. COMMISSIONERS' REPORTS.

22. CONSERVANCY REPORT.

23. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

24. SANTA MONICA BAY RESTORATION COMMISSION REPORT.

25. DEPUTY ATTORNEY GENERAL'S REPORT.

26. CHIEF COUNSEL'S REPORT.

a. New legislation concerning gifts to Coastal Commissioners.

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

a. Legislation. The Commission may take action on the following legislation:
ACA 8, AB 141, AB 258, AB 319, AB 350, AB 719, AB 739, AB 740, AB 828, AB 837, AB 992 , AB 1046, AB 1056, AB 1066, AB 1074, AB 1096, AB 1220 AB 1280, AB 1338, AB 1396, AB 1457, AB 1459, AB 1568, SB 4 , SB 10, SB 157, SB 412, SB 634, SB 670, SB 742, SB 821, SB 884, SB 911, SB 965, SCA 1.

PUBLIC COMMENT