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FEBRURARY 2013 AGENDA

Phone number will only be in service when the meeting is in session.

Please note: agenda items are subject to change.

8:30a.m.

THURSDAY, FEBRUARY 7, 2013

1.  CALL TO ORDER.

2.  ROLL CALL.

3.  AGENDA CHANGES

4.  GENERAL PUBLIC COMMENT. Public comments will be heard at 8:30 am for items not on the agenda, for no more than 30 minutes. For those unable to attend the early comment period, there will be additional comment time available later in the day.

STATEWIDE

[An itinerary and map have been added on February 4.]

4.5. COMMISSION FIELD TRIP. The Commission will take a field trip, leaving the Redondo Beach City Hall at approximately 9:00 am on Thursday, February 7, to visit the Airport Dunes restoration area at LAX Airport and the Ballona Wetlands. The Commission will return at approximately 1:00 pm to complete its remaining agenda. The public is invited to attend by following the Commission vehicle(s) in their own private vehicles and joining the Commission at designated stops. Private vehicles are not permitted on Airport property. The Airport will provide a bus for both the Commission and the public to tour the restoration area. However, space on the bus for members of the public will be limited. A more detailed itinerary is now available. For more information, please contact the Commission’s South Coast District office in Long Beach at (562) 590-5071.

NORTH COAST DISTRICT

5.  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 Eureka office at (707) 445-7833.

ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY

6.  ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY. 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.

7.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.   Motion and Vote

8. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.

a.  CD-031-12 (Manchester Band of Pomo Indians of the Manchester-Point Arena Rancheria, Mendocino Co.) Consistency determination by Manchester Band of Pomo Indians of the Manchester-Point Arena Rancheria, on behalf of U.S. Dept. of Housing and Urban Development (HUD), for 12 units of senior housing and associated improvements, at Windy Hollow Road and Mamie Laiwa Road on Manchester-Point Arena Rancheria, south of Garcia River, north of Point Arena, Mendocino County. (JM-SF)

 

 Motion and  Vote

b.  CC-048-12 (San Diego Association of Governments (SANDAG), San Diego Co.) Consistency certification by SANDAG for construction of 1.8 miles of second main track between San Onofre and Las Pulgas, Marine Corps Base Camp Pendleton, San Diego County. (JM-SF)

SOUTH CENTRAL COAST DISTRICT

9.  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 Ventura LCP Amendment No. VNT-MAJ-2-12 (Phase I Update) Certification Review. Concurrence with Executive Director’s determination that action by the County of Ventura, acknowledging receipt, acceptance, and agreement with the Commission’s certification with suggested modifications, is legally adequate. (SLG-V)

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

a.  City of Malibu LCP Amendment No. MAJ-2-11 Part A. Public hearing and action on request by City of Malibu to amend the Land Use Plan (LUP) and Local Implementation Plan (LIP) portions of its certified Local Coastal Program (LCP) to amend the Institutional Zone District’s development standards, permitted and conditionally permitted used, and related provisions, City of Malibu, Los Angeles County. (DV-V)

 Motion and Vote

 Motion and Vote

 Motion and Vote

ENFORCEMENT

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

[ Items 11.1 and 11.2 below share a single, combined staff report.]
[Addenda and additional correspondence for items 11.1 and 11.2 below
have been appended to the combined staff report on February 5.]

Motion and Vote

Amending  Motion and Vote

 Motion and Vote

11.1. Cease and Desist Order No. CCC-13-CD-01 (Drakes Bay Oyster Company, Point Reyes National Seashore, Marin Co.) Public hearing and Commission action on proposed Cease and Desist Order to address unpermitted development related to offshore aquaculture operations and actions taken inconsistent with Consent Cease and Desist Order No. CCC-07-CD-11, on property located at 17171 Sir Francis Drake Blvd, Marin County, identified by the Marin County Assessor’s Office as Assessor Parcel Number 109-13-017, and in the adjacent waters of Drakes Estero. The proposed Cease and Desist Order authorizes and requires Drakes Bay Oyster Company: (1) to cease and desist from conducting or maintaining unpermitted development; (2) to remove onshore unpermitted development; (3) to remove and/or cease unpermitted development, including discharge of invasive Didemnum sp., Manila clams, and marine debris from Drakes Estero and beyond; and (4) to follow requirements to seek Coastal Act authorization for specified unpermitted development, and (5) to limit any interim operations and conduct them pursuant to a set of guidelines designed to protect the environment, including by controlling the invasive Didemnum sp. (HJ-SF)

11.2. Restoration Order No. CCC-13-RO-01 (Drakes Bay Oyster Company, Point Reyes National Seashore, Marin Co.) Public hearing and Commission action on proposed Restoration Order authorizing and directing Drakes Bay Oyster Company to address unpermitted development related to offshore aquaculture operations and actions taken inconsistent with Consent Cease and Desist Order No. CCC-07-CD-11, on property located at 17171 Sir Francis Drake Blvd, Marin County, identified by the Marin County Assessor’s Office as Assessor Parcel Number 109-13-017, and in the adjacent waters of Drakes Estero. Actions required by the proposed Restoration Order to address unpermitted development on the property include: (1) cessation of certain unpermitted practices and development; and (2) restoration of those areas, both onshore and within Drakes Estero, impacted by unpermitted development. (HJ-SF)

SOUTH COAST DISTRICT (Los Angeles County)

12.  DEPUTY DIRECTOR’S REPORT FOR LOS ANGELES COUNTY. 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.

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

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. 5-12-095 (Fuchs, Pacific Palisades) Application of Anna Fuchs to construct retaining walls and regrade slope for slope stability, replace driveway retaining wall and repair existing deck on bluff-top lot improved with 9,445 sq.ft. single-family home, at 17948 Porto Marina Dr., Pacific Palisades, Los Angeles County. (AP-LB)

 Motion and Vote

b.  Application No. 5-12-176 (City of Los Angeles Zip Line Attraction, Venice, Los Angeles) Application of City of Los Angeles to install zip line attraction in Venice Beach Recreation area (seaward of boardwalk, between Horizon Ave. and 17th Ave.) for a three month pilot program for spring/summer 2013. The 750-ft. long zip lines (up to 4 multiple lines) would run above the park between 44-ft. high take-off platform and 24-ft. high landing platform, at 1500-1600 Ocean Front Walk, Venice, City of Los Angeles, Los Angeles County. (CP-LB)

 Motion and  Vote