California Coastal Commission

December 2007 Agenda

San Francisco City Hall
Legislative Chamber Rm. 250
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102

[Please note the special rules for using the San Francisco City Hall Legislative Chamber.]

This has been updated at 12:30 p.m., Friday, December 7, 2007.
 

9:00 A.M.

WEDNESDAY, DECEMBER 12, 2007

1. CALL TO ORDER.

2. ROLL CALL.

History of San Francisco City Hall

SOUTH COAST DISTRICT

3. ADMINISTRATIVE PERMIT APPLICATIONS. See AGENDA CATEGORIES.

a. Application No. 5-07-228 (McKay, Huntington Beach) Application of Alexander McKay to increase concrete deck floor by 12" in height with pressure treated wood framed structure with tile finish over plywood subfloor on 68 ft. long concrete deck cantilevered 5 ft. beyond bulkhead, and construct 42" high tempered glass railing extending 40 ft. by 7 ft. high, tempered glass wind screen along 28 ft. of deck, at 4002 Diablo Circle, Huntington Beach, Orange County. (MV-LB)

b. Application No. 5-07-312 (Fujioka, Huntington Beach) Application of Ken Fujioka to remove wooden cantilevered deck and replace with 40-ft. long Douglas fir deck cantilevered 5-ft. beyond bulkhead with 42 in. high tempered glass railing along perimeter of deck, at 16842 Baruna Lane, Huntington Beach, Orange County. (MV-LB)

c. Application No. 5-07-336 (Hughes, Trust, Long Beach) Application of Peter Hughes, Trust to remove boat dock and replace with new 6 ft. by 28 ft. floating dock in same location, and install new 3.25 ft. by 4 ft. landing and gangway, no new piles, at 120 Rivo Alto Canal, Long Beach, Los Angeles County. (CP-LB)

4. CONSENT CALENDAR. See  AGENDA CATEGORIES .

Motion and Vote

a. Application No. 5-07-217 (Dipietrantonio, Newport Beach) Application of Steve Dipietrantonio to demolish 741 sq. ft., single family home and construct 2,283 sq. ft., 3-story single-family home with attached 374 sq. ft., 2-car garage with landscaping and no grading on beachfront lot, at 3611 Seashore Blvd., Newport Beach, Orange County. (LR-LB)

b. Application No. 5-07-265 (Eddy Bashoor Investments, San Clemente) Application of Eddy Bashoor Investments to demolish single family home and construct 5,262 sq. ft., 43.5-ft. high, 4-level, 3-unit residential complex, with 1,202 sq. ft. deck, and 2,660 sq. ft. subterranean garage with 7 parking spaces, and grading (938 cu. yds. of cut) and remove debris outside coastal zone, at 407 Avenida Santa Barbara, San Clemente, Orange County. (LR-LB)

c. Application No. 5-07-292 (Bercaw, Newport Beach) Application of Tom and Lika Bercaw to demolish 2-story, single family home and construct 2,494 sq. ft., 26 ft. high, 2-story, single family home over 625 sq. ft. basement garage, 272 sq. ft. deck, hardscape improvements and minimal planter landscaping on beachfront lot, at 6208 W Oceanfront, Newport Beach, Orange County. (LR-LB)

d. Application No. 5-07-305 (Tong, Los Angeles) Application of Richard Tong for 3 open-air vending stalls (totaling 726 sq. ft.) in front yard of boardwalk-fronting lot developed with 8 parking spaces and 2-story duplex, at 1915 Ocean Front Walk, Venice, Los Angeles, Los Angeles County. (CP-LB)

e. Application No. 5-07-310 (Cantor, Los Angeles) Application of Lawrence and Patti Cantor to demolish 1-story, 1,436 sq. ft. single-family home and construct 3-level, 28-ft high, 3,599 sq. ft. single-family home (including two 35-ft. high roof access structures) with 4 parking spaces on 3,150 sq. ft. lot on walk street, at 24 Clubhouse Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB)

f. Application No. 5-07-316 (Klein, Jr., Los Angeles) Application of George Klein Jr. to remodel and enlarge 2-story, 2,165 sq. ft. duplex to 2-story, 28-ft. high, 2,885 sq. ft. duplex with 3 parking spaces on 2,640 sq. ft. lot on walk street, at 31 24th Avenue, Venice, Los Angeles, Los Angeles County. (CP-LB)

g. Application No. 5-07-330 (Breeze So. California Investments Group, LLC, Los Angeles) Application of Breeze Southern California Investments Group, LLC to demolish 1-story, 806 sq. ft., single-family home and construct 2-story, 28-ft. high, 1,872 sq. ft. single-family home (including one 35-ft high roof access structure), with 3 parking spaces on 2,100 sq. ft. lot on walk street, at 125 Vista Place, Venice, Los Angeles, Los Angeles County. (CP-LB)

h. Application No. 5-07-338 (Olivelle, Los Angeles) Application of Marguerite Olivelle to remodel and enlarge 1-story, 840 sq. ft. duplex on 2,700 sq. ft. lot to 3-level, 30-ft. high, 2,918 sq. ft. duplex with 4 parking spaces, at 487 and 489 E Carroll Avenue, Venice, Los Angeles, Los Angeles County.(CP-LB)

i. Application No. 5-07-340 (Seidner, Newport Beach) Application of Ron and Kim Seidner to demolish one-story single family home and construct 3,241 sq. ft., 28'11" high, 3-story single family home with 430 sq. ft. attached two-car garage, 515 sq. ft. decks, hardscape improvements, no grading and no landscaping on a beachfront lot, at 1414 W. Oceanfront, Newport Beach, Orange County. (LR-LB)

j. Application No. 5-07-361 (Chou, San Clemente) Application of Steve Chou to demolish 2-level duplex and construct 5,605 sq. ft., 42.6' high, 3-level duplex over 814 sq. ft. subterranean, 4-car tandem garage, 750 cu. yds. of cut and dispose excess material at site outside coastal zone at 408 Avenida Santa Barbara, San Clemente, Orange County. (LR-LB)

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

6. Commission Cease and Desist Order No. CCC-07-CD-11 (Drake's Bay Oyster Company - Marin County) Public hearing and Commission action on proposed Cease and Desist Order to direct Drake's Bay Oyster Company in Inverness, Marin County to 1) refrain from performing additional unpermitted development in onshore or offshore portions of property; 2) refrain from expanding operations without first obtaining a coastal development permit; 3) comply with protective measures set forth in the order; 4) complete a coastal development permit application for all development currently located on onshore or offshore portions of property and all proposed development; and 5) implement and comply with terms of any coastal development permit issued by Commission with respect to development at issue in this matter. (CAC-SF)

Motion and Vote

SOUTH CENTRAL COAST DISTRICT

7. 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.

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

Motion and Vote

9. 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. 4-05-187 (Nikniai, Los Angeles Co.) Application of Parviz Nikniai to construct 1,290 sq. ft., 2-story single-family home with 695 sq. ft. attached garage, driveway, and septic system, at 27132 Carrita Drive, Santa Monica Mountains, Los Angeles County. (DC-V)

Motion and Vote

b. Application No. 4-06-118 (Los Angeles County Dept. of Public Works) Application of Los Angeles County Department of Public Works to: (a) repair roadway damaged by landslide; (b) reconstruct 350 lineal ft. of Tuna Canyon Road to new alignment 15-ft. southwest of current alignment; (c) grade 18,810 cu. yds. (18,700 cu. yds. cut, 110 cu. yds. fill) to realign road, bench and re-grade embankment slopes; (d) install terrace drain system with new drain pipes on upslope side of realigned road segment; (e) place approximately 710 cu. yds. of rip rap and 284 tons of boulders with willow stakes in approximately 7,300 sq. ft. area of Tuna Canyon Creek; (f) re-vegetate riparian area, at Tuna Canyon Road Mile Markers 4.97, 4.98, and 5.04, Santa Monica Mountains, Los Angeles County. (DC-V)

Motion and Vote

c. Application No. 4-07-037 (Snyder, Los Angeles Co.) Application of Peter and Karen Snyder to construct 2 story, 24 ft. high, 2,131 sq. ft. single family home with attached 408 sq. ft. 2 car garage, septic system, landscaping, and grading of 86 cu. yds. cut, 147 cu. yds. fill, and import 61 cu. yds. of material, at 4302 Ocean View Drive, Los Angeles County. (AT-V)

10. 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. 4-06-132-A1 (Zadeh and Esplana, Los Angeles Co.) Request by Kianoush Zadeh and Lisa Esplana to modify height limits of single family home based on new surveys, at 24803 Piuma Road, Malibu, Los Angeles County. (MCH-V)

Motion and Vote

Closed Session Report

SOUTH COAST DISTRICT

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 Long Beach office at (562) 590-5071.

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

Motion and Vote

13. NEW APPEALS. See AGENDA CATEGORIES .

a. Appeal No. A-5-MNB-07-388 (Obradovich, Manhattan Beach) Appeal by William Victor from decision of City of Manhattan Beach granting permit to James Obradovich for demolition of single-family home and construction of 3-level, 4,075 sq. ft. single-family home with 4-car garage on 2,700 sq. ft. lot fronting a walk street, at 128 9th Street, Manhattan Beach, Los Angeles County. (CP-LB)

Motion and Vote

b. Appeal No. A-5-VEN-07-397 (City of Los Angeles, Los Angeles) Appeal by John Davis from decision of City of Los Angeles for replacement of damaged sluice gate within City of Los Angeles sanitary sewer system, including installation of 980-ft. long temporary above-ground sewer bypass pipe (with portable pumps) along west bank of Grand Canal, between Hurricane Street and Driftwood Street, 3500-3900 Grand Canal Esplanade, Venice, City of Los Angeles, Los Angeles County. (CP-LB)

c. Appeal No. A-5-MNB-07-413 (Freedman & Barberi, Manhattan Beach) Appeal by William Victor from decision of City of Manhattan Beach granting permit to Robert Freedman and Anthony Barberi for demolition of triplex and construction of three-level single-family residence with three-car garage on 2,700 sq. ft. lot fronting a walk street, at 121 9th Street, Manhattan Beach, Los Angeles County. (CP-LB)

Motion and Vote

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 No. 5-06-293 (Orange Coast College of Sailing & Seamanship, Newport Beach) Application of Orange Coast College of Sailing & Seamanship to remodel and add to 5,278 sq. ft., 2-story building, including first and second floor additions resulting in 9,994 sq. ft., 2-story building with maximum height of 31-ft. above existing grade; add 11 parking spaces to 42 space on-site parking lot and hardscape and landscape work; and after-the-fact request for repair and reinforcement of existing bulkhead including new guardrail and some grading, at 1801 West Coast Highway, Newport Beach, Orange County. (FSY-LB) [POSTPONED]

b. Application No. 5-06-458 (County of Orange, Dana Point) Application of County of Orange for dredging of 113,900 cu. yds. of material (9,500 cu. yds. on Baby Beach, Dana Point Harbor and 48,400 cu. yds. on Capistrano Beach) in Dana Point Harbor, Dana Point, Orange County. (FSY-LB)

15. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a. CC-071-07 (County of Orange) Consistency Certification by County of Orange for disposal of 56,000 cu. yds. of material dredged from Dana Point Harbor, at offshore disposal site LA-3 located 4 miles southwest of entrance to Newport Harbor, Orange County. (FSY-LB)

16. 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. 5-07-343-A (Macerich Property Management Co., LLC, Santa Monica, Los Angeles Co.) Request by Macerich Property Management Co., LLC to remodel and redesign indoor 55,556 sq. ft. shopping mall into outdoor shopping venue. Reduce gross leaseable square footage by 10,234 sq. ft. and remove 49 parking spaces within 1 of 2 parking structures, at Santa Monica, Los Angeles County. (AP-LB)

SAN DIEGO COAST DISTRICT

17. 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.

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

Motion and Vote

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

a. City of Oceanside LCP Amendment No. 01-07 (Downtown "D" District). Public hearing and action on request of City of Oceanside to amend its LCP, revise certain zoning ordinances in Downtown "D" District, amend changes to Articles 4, 12 and 41 and update permissible commercial and visitor-serving uses and definitions including the introduction of condo-hotels within the Downtown "D" District and the Redevelopment Project Area. (TR-SD)

Motion

Second Motion

Amending Motion

Split Motion and Vote

Second Split Motion and Vote

Motion and Vote

Motion and Vote

Clarification

20. NEW APPEALS. See AGENDA CATEGORIES .

a. Appeal No. A-6-LJS-07-114 (Mehl, San Diego) Appeal by Tim Barnett and Commissioners Kruer and Wan from decision of City of San Diego granting permit with conditions to David and Bonnie Mehl to demolish 1-story home & pool and construct 2-story, 4,569 sq. ft. home with attached 2-car garage on 8,282 sq. ft., ocean-blufftop lot, at 5380 Calumet Avenue, La Jolla, San Diego, San Diego County. (LRO-SD)

21. 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. Appeal No. A-6-OCN-07-103 (20 Morgan, Oceanside) Appeal by Commissioners Kruer & Hueso from decision of City of Oceanside granting permit with conditions to 20 Morgan, LLC to demolish 3 residential units & construct 3-unit condominium building, to include street vacation (14 ft. by 100 ft.) along north side of Witherby Street, at 1334 South Pacific Street, Oceanside, San Diego County. (TR-SD)

Motion and Vote

Amending Motion and Vote

22. 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. 6-06-43-A1 (San Diego/Chula Vista trail improvements, San Diego) Request by County of San Diego, City of San Diego & City of Chula Vista to amend permit for trail improvements to construct bridge over streambed adjacent to east side of Hollister Street, north of Palm Avenue, south of Charles Street, Otay Mesa-Nestor, San Diego, San Diego County. (DL-SD)

23. REVISED FINDINGS. See AGENDA CATEGORIES .

a. City of San Diego LCP Amendment No. 2-07A (Clews Horse Ranch). City of San Diego granted amendment to certified zoning ordinance to rezone 38.44-acre site from AR-1-1(Agricultural Residential), MF1 (Multi-Family Residential) and OS (Open Space)to AR-1-1 and OS, located southwest of the SR56/Carmel Country Road interchange in Neighborhood 8 of the Carmel Valley subarea of the North City LCP segment. (EL-SD) [POSTPONED]

b. Application No. A-6-CII-07-17 (Riley, Carlsbad) Mickie & Hansi Riley granted permit with conditions to construct 2-story, 5,619 sq. ft. home with basement on undeveloped bluff top lot, at 5011 Tierra Del Oro, Carlsbad, San Diego County. (TR-SD)

Motion and Vote

STATEWIDE (Moved to Friday, December 14)

CLOSED SESSION. At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including:

Bredesen v. CCC et al., Los Angeles County Superior Court Case No. YS014958 Govt. Code § 11126(e)(2)(A).
Bredesen v. CCC et al., Los Angeles County Superior Court Case No. BS102967 Govt. Code § 11126(e)(2)(A).
CCC v. Trancas Property Owners Assn. et al. Govt. Code § 11126(e)(2)(A).
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).
Manchester Pacific Gateway LLC v. CCC Govt. Code § 11126(e)(2)(A).
McNamee v. CCC et al. Govt. Code § 11126(e)(2)(A).
Tomales Bay Assn. v. County of Marin, CCC (Weber, RPI) 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).
 

24. APPROVAL OF MINUTES.

25. COMMISSIONERS' REPORTS.

26. CONSERVANCY REPORT.

27. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

28. DEPUTY ATTORNEY GENERAL'S REPORT.

29. CHIEF COUNSEL'S REPORT.

a. New legislation concerning gifts to Coastal Commissioners.

30. 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.

b. Public Education Program Update. The staff of the Commission's Public Education Program will brief the Commission on the Program's activities and accomplishments in 2007. (CP-SF)

31. ELECTION of CHAIRPERSON, VICE-CHAIRPERSON and REPRESENTATIVE to SANTA MONICA MOUNTAINS CONSERVANCY.

Motion and Vote

Motion and Vote