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March 2013 Agenda

The bahia resort hotel
998 west mission bay drive
san diego, CA 92109 (415) 407-3211

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

This has been updated at 11:15 a.m., Monday, March 11, 2013

Please note: agenda items are subject to change.

8:30 A.M.

WEDNESDAY, march 6, 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.

SOUTH COAST DISTRICT (Orange County)

5. CONSENT CALENDAR. See AGENDA CATEGORIES.

a. Application No. 5-12-224 (Shah, Newport Beach) Application of Shirish Shah to demolish single-family home and construct new 2,043 sq.ft., 29-ft. tall, 3-story single-family home with attached 376 sq.ft., 2-car garage on beach front lot, at 2600 W. Ocean Front, Newport Beach, Orange County. (FSY-LB) [WITHDRAWN]

NORTH CENTRAL COAST DISTRICT

6. 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 Francisco office at (415) 904-5260. [APPROVED]

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

8. NEW APPEALS. See AGENDA CATEGORIES .

[An amendment was appended to the staff report for item 8a below on March 5.]

a. Appeal No. A-2-SMC-10-15 (Irizarry, San Mateo Co.) Appeal by Delia Comito of San Mateo County decision granting permit with conditions to Jim Irizarry for construction of 3-story, 9-unit residential condominium complex, at 121-137 Avenue Cabrillo in the unincorporated El Granada area of San Mateo County. (ND-SF) [SUBSTANTIAL ISSUE FOUND, APPROVED WITH CONDITIONS at de Novo Hearing]

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. A-2-MAR-10-22 (Magee & Brader, Marin Co.) Application of Tony Magee & Carissa Brader to develop agriculture operations consisting of sheep grazing, vegetable and fruit production, a vineyard to supply on-site brandy distillery, equipment and brandy barns, equipment shed, greenhouse, hopyard shelter and sheep shelters, farmhouse and garage, affirmative agricultural easement, and supporting infrastructure (utilities, water wells and tanks, septic system and leach field), at 17990 Shoreline Highway (inland side of Highway 1) near Marconi Cove in the unincorporated Marshall area of Marin County. (LS-SF) [POSTPONED]

b. Application No. A-2-MAR-09-10 (Crosby, Muir Beach) Application of Timothy Crosby to construct a 1,589 sq.ft. addition to a 2,058 sq.ft. single-family home on a roughly one-acre lot at 9 Ahab Drive in the Muir Beach area of Marin County. (KK-SF) [POSTPONED]

10. RECONSIDERATION. See AGENDA CATEGORIES .

a. Reconsideration No. A-2-SMC-11-32-R (Cattermole, San Mateo Co.) Reconsideration of Commission action to deny permit to George and Mary Cattermole for 1) subdivision of 12.4-acre parcel into four parcels and 2) development of two single-family homes on one of the proposed parcels, at 7625 Stage Road in the unincorporated San Gregorio area of San Mateo County. (ND-SF) [POSTPONED]

CENTRAL 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 Santa Cruz office at (831) 427-4863. [APPROVED]

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

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

a. Monterey County LCP Amendment No. 1-11 (Housing). Public hearing and action on request by Monterey County to amend LCP’s housing regulations, including related to affordable housing, accessory dwelling units, homeless shelters, transitional and employee housing, density bonuses and incentives throughout the Monterey County coastal zone. (MW-SC) [WITHDRAWN]

b. City of Grover Beach LCP Amendment No. 1-12 Part 1 (Grover Beach Lodge). Public hearing and action on request by City of Grover Beach to amend the LCP to modify development standards and allowed uses along Grand Avenue at Pismo State Beach to facilitate development of a lodge and conference center. (SR-SF) [POSTPONED]

14. NEW APPEALS. See AGENDA CATEGORIES .

[Additional correspondence appended to the below staff report for item 14a on March 5.]

a. Appeal No. A-3-MRB-12-26 (Hough, San Luis Obispo Co.) Appeal by Dorothy Cutter & Betty Winholtz of City of Morro Bay decision granting permit with conditions to John & Alair Hough for construction of new 2,829 sq.ft. single family home with 700 sq.ft. garage, at 281 Main Street, Morro Bay, San Luis Obispo County. (ND-SF) [NO SUBSTANTIAL ISSUE FOUND]

SOUTH COAST DISTRICT (Orange County)

15. DEPUTY DIRECTOR’S REPORT FOR ORANGE 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. [APPROVED]

16. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]

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

[Correspondence has been appended to the staff report for item 17a below on March 5.]

a. City of Newport Beach LCP Amendment No. NPB-MAJ-1-12 (Marina Park Height Limit). Public hearing and action on request by City of Newport Beach to amend Policy 4.4.2-1 of the Land Use Plan to include an exception to the 35-ft. Shoreline Height Limitation Zone to allow for a single, up to 73-foot tall, architectural tower feature at Marina Park, at 1600 West Balboa Boulevard, Newport Beach, Orange County. (FSY-LB) [APPROVED WITH MODIFICATIONS]

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.

[An addendum has been appended to the staff report for item 18a below on March 6.]

a. Application No. 5-11-178 (Cervantes-Morehart, Newport Beach) Application of Lisa Cervantes-Morehart to install new concrete bulkhead 10-feet bayward of an existing building and extending the 60-ft. width of the property, with return walls at each end, to protect an existing business/commercial building, at 2808 Lafayette Rd., Newport Beach, Orange County. (FSY-LB) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 18b below on March 6.]

b. Application No. 5-12-134 (City of Newport Beach Fire Rings Removal) Application of City of Newport Beach to remove 60 fire rings from city beaches, including 33 fire rings east and west of Balboa Pier and 27 fire rings from Corona del Mar State Beach, Newport Beach, Orange County. (RAB-LB) [TO CONTINUE]

c. Application No. 5-12-155 (Jahangiri & Levering, Newport Beach) Application of Reza Jahangiri and Kate Levering to demolish 3,158 sq.ft. single-family home and construct new, 3,978 sq.ft., 15 ft.10 in. high single family home, on bluff top lot, at 1638 Galaxy Dr., Newport Beach, Orange County. (JDA-LB) [POSTPONED]

d. Application No. 5-12-198 (Blue Lagoon Community Association, Laguna Beach) Application of Blue Lagoon Community Association to return existing rock revetment to original design configuration through addition of 860 tons of imported or retrieved rock, at 30781 Pacific Coast Hwy, Laguna Beach, Orange County. (JDA-LB) [POSTPONED]

e. Application No. 5-12-246 (Howard & Kurnick, San Clemente) Application of Kirk G. Howard & Bill Kurnick to repair surficial slope failure across 2 properties on coastal canyon by constructing caisson supported retaining walls, drainage improvements and landscaping on canyon slope; remove unpermitted temporary slope erosion control measures within canyon, at 380 & 400 Avenida La Costa, San Clemente, Orange County. (LR-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

f. Application No. 5-12-268 (City of Huntington Beach, Huntington Beach) Application of City of Huntington Beach to demolish 4 sewer lift stations and 12 manholes, construct 1 new lift station, and install 12 in. and 15 in. gravity sewer pipe, at Pacific Coast Highway and Warner Avenue Right of Way between North Pacific Ave & Edgewater Lane, Huntington Beach, Orange County. (JDA-LB) [POSTPONED]

g. Application No. 5-12-303 (Mesa Consolidated Water District, Newport Beach) Application of Mesa Consolidated Water Dist. for permanent authorization of emergency repairs to water main including removal of damaged 16-ft. long section of 42-in. diameter water main and replace with new pipe section, install 12 cu.yds. of gravel bedding, and to mow and temporarily cover 50’x200’ native and non-native vegetation for construction access and staging area, at San Diego Creek btwn Jamboree Rd and Sr-73, Newport Beach, Orange County. (JDA-LB) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

CLOSED SESSION

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

Access for All v. Ackerberg, Govt. Code, section 11126(e)(2)(A)
Altman et al. v. CCC, Govt. Code, section 11126(e)(2)(A)
CCC v. United States Department of the Navy et al., Govt. Code, section 11126(e)(2)(A)
Cannery Row Marketplace, LLC v. CCC et al., Govt. Code, section 11126(e)(2)(A)
Cattermole v. CCC, Govt. Code, section 11126(e)(2)(A)
Coastal Environmental Rights Foundation, Inc. v. Inn at Sunset Cliffs, LLC (City of San Diego et al., RPI), Govt. Code, section 11126(e)(2)(A)
Hyman et al. v. CCC et al. (Crosby, RPI), Govt. Code, section 11126(e)(2)(A)
Mulryan Properties, LLLP v. CCC, Govt. Code, section 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). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).

STATEWIDE

19. APPROVAL OF MINUTES. [APPROVED]

20. COMMISSIONERS' REPORTS.

21. CONSERVANCY REPORT.

22. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.

23. SANTA MONICA BAY RESTORATION REPORT.

24. DEPUTY ATTORNEY GENERAL'S REPORT.

25. EXECUTIVE DIRECTOR’S REPORT including reports and possible Commission action on legislation and water quality.

a. Courier Service Contract. Public hearing and action by Commission authorizing Executive Director to enter into contract for courier services pouch and package delivery service between Commission offices and to and from Commission meeting sites. (CL/SH-SF) [APPROVED]

RECEPTION

RECEPTION. At the conclusion of the Commission’s meeting on Wednesday, March 6 or at 6:30 p.m., whichever is later, the Commission will attend a reception hosted by the environmental community in San Diego, at the Bahia Hotel. Members of the public are welcome to join the Commission but space is limited. Please email sierrasd@sbcglobal.net to make a reservation.

8:30 A.M.

THURSDAY, MARCH 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.

SOUTH COAST DISTRICT (Los Angeles County)

5. CONSENT CALENDAR. See AGENDA CATEGORIES .

a. Application No. 5-12-317 (City of Long Beach Public Works (DPW), Long Beach) Application of City of Long Beach, DPW to replace existing public restroom on beach with new 1-story, 12-stall public restroom in same location, on beach adjacent to bicycle/pedestrian path near Cherry Ave & East Ocean Blvd., at 2100 E. Ocean Blvd., Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

b. Application No. 5-12-343 (Ennis, Playa Del Rey) Application of Thomas Ennis to add 887 sq. feet to existing 3,651 sq.ft., 3- story, 3-unit apartment, at 6955, 6955 1/2, 6957 S. Trolley Way, Playa Del Rey, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

c. Application No. 5-13-002 (Mass, Pacific Palisades) Application of Ronald and Pamela Mass to add 50 sq. feet to existing 3,235 sq.ft. single-family home, replace windows, remove and replace guard rails on existing retaining wall, and construct new swimming pool and spa, at 341 Alma Real Dr., Pacific Palisades, Los Angeles County. (AP-LB) [APPROVED WITH CONDITIONS]

SAN DIEGO DISTRICT

6. CONSENT CALENDAR. See AGENDA CATEGORIES .

a. Application No. 6-12-078 (Farmar, San Diego Co.) Application of Pete & Monica Farmar to construct 1,255 sq.ft. detached garage, 825 sq.ft. second dwelling unit, 500 sq.ft. pool cabana and convert 98 sq.ft. existing garage to habitable space; also proposed is additions totaling 450 sq.ft. to existing 5,278 sq.ft. single-family home with attached 750 sq.ft. garage on a 145,926 sq.ft. lot, at 4366 La Noria, Rancho Santa Fe, San Diego County. (ES-SD) [APPROVED WITH CONDITIONS]

[An addendum has been appended to the staff report for item 6b below on March 6.]

b. Application No. 6-12-087 (Cities of Carlsbad, & Oceanside Coastal Rail Trail) Application from Cities of Carlsbad and Oceanside to construct Carlsbad Coastal Rail Trail Reach 1 which includes: 1) construction of Coastal Rail Trail segment; 2) installation of Class 1 bike lanes; 3) construction of sidewalk; 4) restripe roadway from three to two lanes; 5) construction of round-a-bout; and 6) landscaping, at Hwy 101/Carlsbad Blvd from Eaton Street in Oceanside, south along Coast Hwy 101/Carlsbad Blvd to Oak Ave in Carlsbad, Oceanside and Carlsbad, San Diego County. (GB-SD) [APPROVED WITH CONDITIONS]

c. Application No. 6-13-2 (Verizon Wireless, San Diego) Application of Verizon Wireless to construct 240 sq.ft. unmanned wireless communication facility and install 9 antennas mounted on 2 new light standards within the City of San Diego ROW, at West Mission Bay Dr. Exchange to Sunset Cliffs Blvd., Mission Bay Park, San Diego, San Diego County. (AL-SD) [APPROVED WITH CONDITIONS]

ENFORCEMENT

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

8. Commission Cease and Desist Order Amendment No. CCC-09-CD-01-A (Ackerberg – Malibu, Los Angeles Co.) Public hearing and Commission action on proposed amendment to a previously issued Cease and Desist Order to modify existing language of the Order to address all Coastal Act related claims, including the removal of unpermitted development from vertical and lateral public access easements, opening up of the easements, and resolution of civil liabilities, among other things; directed to Lisette Ackerberg, in her individual capacity and as trustee of the Lisette Ackerberg Trust; for property located 22466 and 22500 Pacific Coast Highway, Malibu, Los Angeles County. (ANM-SF) [APPROVED]

[Items 9 and 10, below, share a single, combined staff report.]

9. Consent Cease and Desist Order No. CCC-13-CD-02 (Caribbean Dana Point Investors LLC, Dana Point, Orange Co.) Public hearing and Commission action on proposed Consent Cease and Desist Order regarding property at 32354 Caribbean Drive, Dana Point 1) prohibiting Caribbean Dana Point Investors LLC ("Caribbean") from undertaking unpermitted development on the property; 2) directing Caribbean to cease and desist from maintaining, and to remove, unpermitted development on the property, and restore graded roads, most of which are located within an Environmentally Sensitive Habitat Area ("ESHA"); 3) to restore, maintain, and preserve ESHA on the property; and 4) to fund a native habitat restoration project in coastal Orange County. (AJW-LB) [APPROVED]

10. Consent Restoration Order No. CCC-13-RO-02 (Caribbean Dana Point Investors LLC, Dana Point, Orange Co.) Public hearing and Commission action on proposed Consent Restoration Order directing Caribbean Dana Point Investors LLC to remove unpermitted development and restore graded roads, most of which are located within an Environmentally Sensitive Habitat Area ("ESHA"), and to restore ESHA, on property at 32354 Caribbean Drive, Dana Point, and to fund a native habitat restoration project in coastal Orange County. (AJW-LB) [APPROVED]

SOUTH COAST DISTRICT (Los Angeles County)

11. 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. [APPROVED]

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

13. 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. 5-06-460-A3 (Orange County Flood Control District, Long Beach) Request by Orange County Flood Control District for implementation of habitat mitigation and monitoring program, including wetland restoration and re-vegetation, to mitigate impacts associated with construction of 9,486 sq.ft. stormwater pump station at Los Alamitos Retarding Basin. Includes relocation of 2 propane tanks out of wetland, south of Second St. and San Gabriel River, City of Long Beach, Los Angeles County. (CP-LB) [APPROVED WITH CONDITIONS]

SOUTH CENTRAL 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 Ventura office at (805) 585-1800. [APPROVED]

15. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]

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

[An addendum has been appended to the staff report for item 16a below on March 6.]

a. County of Santa Barbara LCP Amendment No. MAJ-4-11 (Time Extensions Due to Economic Hardship). Public hearing and action on request by the County of Santa Barbara to amend Article II, Coastal Zoning Ordinance, of Chapter 35, Zoning, of the Santa Barbara County Code, by amending Division 35.11, Permit Procedures, to add a new Section 35-179A that will provide the Director of the Planning and Development Department the authority to grant additional two year time extensions to approved, active, unexpired permits and projects due to economic hardship considerations until January 12, 2015, Santa Barbara County. (AG-V) [APPROVED WITH MODIFICATIONS]

[An addendum has been appended to the staff report for item 16b below on March 6.]

b. City of Oxnard LCP Amendment No. OXN-MAJ-1-12. Public hearing and action on request by the City of Oxnard to amend its certified Coastal Land Use Plan and Coastal Zoning Ordinance to add schools as an allowable use within the Coastal Planned Community/Mandalay Bay Specific Plan zone, City of Oxnard, Ventura County. (DC-V) [APPROVED WITH MODIFICATIONS]

17. NOTICE OF IMPENDING DEVELOPMENT.

a. Application No. CIH-NOID-1-12 (Channel Islands Harbor) Application of Channel Islands Harbor to construct 1 acre public park on vacant landside parcel within Channel Islands Harbor, to include temporary public dock, native landscaping, interpretive signage, children's play area, and site improvements. Public stairways, sidewalks, and benches, landscaping and other site improvements will be installed throughout public park without any substantial grading or landform alteration, located adjacent to Channel Islands Harbor Blvd. Bridge, Channel Island Harbor, Ventura County. (MA-V) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

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. 4-12-065 (Ventura Port District, San Buenaventura) Application of the Ventura Port District to demolish 266 ft. wide, 6 lane, existing concrete public boat launch, and replace with new 170 ft. wide, 6 lane, public boat launch with 50 ft. non-motorized, personal watercraft launch area; add 2,500 tons of rock revetment; and install boarding floats, piles, abutments, and lighting at Ventura Harbor, City of San Buenaventura, Ventura County. (JB-V) [APPROVED WITH CONDITIONS]

SAN DIEGO COAST DISTRICT

19. 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. [APPROVED]

a. City of Carlsbad LCP Amendment No. CAR-MAJ-2-11A (Reasonable Accommodations) Certification Review. Concurrence with the Executive Director's determination that the action by the City of Carlsbad accepting certification of LCP Amendment 2-11A (to amend the certified implementation plan to provide citywide changes for reasonable accommodations) with modifications is legally adequate. (TR-SD) [APPROVED]

20. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]

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

a. City of Carlsbad LCP Amendment No. CAR-MAJ-1-12 (Non-Conforming Buildings and Uses). Public hearing and action on request by the City of Carlsbad to amend several chapters of its Implementation Plan (IP) including replacing Chapter 21.48 – Nonconforming Building and Uses in its entirety, and amending other relevant chapters to encourage the rehabilitation of nonconforming buildings and uses. (TR-SD) [APPROVED WITH MODIFICATIONS]

b. City of San Diego LCP Amendment No. SAN-MAJ-5-11A (Airport Land Use Compatibility Plan Implementation). Public hearing and action on request by the City of San Diego to amend four community plans and adopt ordinance revisions to establish the Airport Land Use Compatibility Overlay Zone. (KB-SD) [APPROVED]

c. City of San Diego LCP Amendment No. SAN-MAJ-5-11B (7th Update LDC). Public hearing and action on request by the City of San Diego to amend its certified implementation plan by adopting revisions to the Land Development Code for the 7th Update. (AL-SD) [POSTPONED]

d. City of Imperial Beach LCP Amendment No. IMB-MAJ-1-12 (Commercial/Recreation-Ecotourism). Public hearing and action on request by the City of Imperial Beach to amend certified LCP Land Use Plan and Implementation Plans to create a new land use category and related zoning chapter to support new commercial/recreation and ecotourism uses; redesignate one property located north of Cypress between Florence and 13th Streets from Residential Two Family to Commercial/Recreation-Ecotourism and rezone site from R-3000-D to C/R-ET. (DL-SD) [APPROVED WITH MODIFICATIONS]

[An addendum has been appended to the staff report for item 21e below on March 6.]

e. City of Imperial Beach LCP Amendment No. IMB-MAJ-3-12 (Medical Marijuana). Public hearing and action on request by the City of Imperial Beach to amend certified LCP Implementation Plan to prohibit medical marijuana distribution facilities in all zoning districts. (DL-SD) [APPROVED]

f. City of San Diego LCP Amendment No. SAN-MAJ-5-12 (Outdoor Lighting Regulations) Time Extension. Public hearing and action to extend the 60-day time limit for Commission action up to one year on request by the City of San Diego to amend sections of its Implementation Plan (IP), the certified Land Development Code, to establish updated Outdoor Lighting Regulations. (DNL-SD) [APPROVED]

22. NEW APPEALS. See AGENDA CATEGORIES .

a. Appeal No. A-6-NOC-12-5 (Sorrento Valley Holdings, San Diego) Appeal by Commissioners Sanchez and Stone from decision of City of San Diego granting permit with conditions to Sorrento Valley Holdings I L.P., and II L.P. for construction of 2-story, 39 ft.-high, 33,368 sq.ft. office building and 3-story, 39 ft.-high, 58,970 sq.ft. office building with 305 at-grade/underground parking spaces on a 14.35 ac. hilltop property. Also proposed is 340 ft.-long, 26 ft.-wide access road, landscaping, grading, retaining walls and drainage improvements, at 11965 and 12025 Sorrento Valley Rd, Torrey Pines, San Diego, San Diego County. (TR-SD) [POSTPONED]

[Items 22b, 22c and 22d, below, share a single, combined staff report.]
[An addendum has been appended to the combined staff report for items 22b, c and d below on March 6.]

b. Appeal No. A-6-OCN-12-54 (Revx Pacific North, Oceanside) Appeal by Beachin, LLC c/o Transcontinental Management from decision of City of Oceanside granting permit with conditions to Revx Pacific North, LLC for conversion of existing 4,501 sq. ft., 27 ft. high, single family home into a duplex to include a 1,409 sq.ft. second story addition and a new third story resulting in a 35 ft. high, 5,910 sq. ft. duplex structure with an attached 861 sq. ft. garage, on a 3,250 sq. ft. lot, at 811 South Pacific St., Oceanside, San Diego County. (TR-SD) [NO SUBSTANTIAL ISSUE FOUND]

c. Appeal No. A-6-OCN-12-55 (Evergreen Hebron, Oceanside) Appeal by Beachin, LLC c/o Transcontinental Management from decision of City of Oceanside granting permit with conditions to Evergreen Hebron, L.P. for conversion of existing 4,501 sq. ft., 27 ft. high, single family home into a duplex to include a 1,409 sq.ft. second story addition and a new third story resulting in a 35 ft. high, 5,910 sq. ft. duplex structure with an attached 861 sq. ft. garage, on a 3,250 sq. ft. lot, at 813 South Pacific St., Oceanside, San Diego County. (TR-SD) [NO SUBSTANTIAL ISSUE FOUND]

d. Appeal No. A-6-OCN-12-56 (Revx Pacific South, Oceanside) Appeal by Beachin, LLC c/o Transcontinental Management from decision of City of Oceanside granting permit with conditions to Revx Pacific South, LLC for conversion of existing 4,501 sq. ft., 27 ft. high, single family home into a duplex to include a 1,409 sq.ft. second story addition and a new third story resulting in a 35 ft. high, 5,910 sq. ft. duplex structure with an attached 861 sq. ft. garage, on a 3,250 sq. ft. lot, at 815 South Pacific St., Oceanside, San Diego County. (TR-SD) [NO SUBSTANTIAL ISSUE FOUND]

[Additional exhibits have been appended to the staff report for item 22e below on February 25.]

e. Appeal No. A-6-PSD-13-5 (Sunroad Enterprises, San Diego) Appeal by Commissioners Sanchez & Brennan from decision of Port of San Diego exempting permit for Sunroad Enterprises to demolish existing 4-deck, approx. 20,000 sq.ft. restaurant constructed on a floating barge tethered in the water and construct 4,800 sq.ft. of primarily unenclosed function space on the existing barge; construct new 1-story restaurant building on the land adjacent to the barge consisting of approx. 12,220 sq.ft. of enclosed floor area and 15,285 sq.ft. of exterior spaces and decks for outside dining venues and lounge space; reconfigure 308 space parking lot to 306 spaces, including 10 tandem spaces and remove and replace parking lot trees, at 880 Harbor Island Drive, Port District, San Diego, San Diego County. (DL-SD) [POSTPONED]

23. 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-ENC-11-73 (Gordon, Encinitas) Appeal by Commissioners Mitchell & Brennan from decision of City of Encinitas decision granting permit with conditions to Matthew Gordon for removal of portions of private unpermitted access stairway constructed on bluff-face leading from blufftop to beach, retention of portions of unpermitted stairway and retaining walls, and construction of replacement railroad ties and retractable staircase element on upper bluff, at 876 & 878 Neptune Ave., Encinitas, San Diego County. (ES-SD) [POSTPONED]

[An addendum has been appended to the staff report for item 23b below on March 6.]

b. Application No. 6-12-041 (Lampl & Baskin, Encinitas) Application of Jack Lampl & Scott Baskin to construct structural and aesthetic improvements to existing 67 ft.-long, 37 ft.-high seawall, 15 ft.-long, 8 ft. high mid-bluff retaining wall, and 50 ft.-long, 20 ft.-high upper bluff retaining wall; and construct 2 geogrid structures which include landscaping and temporary irrigation on bluff face, at 676/678 and 660 Neptune Ave., Encinitas, San Diego County. (ES-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

c. Application No. 6-12-081 (Lonsdale, San Diego Co.) Application of Paul & Leah Lonsdale to construct 3,499 sq.ft., 1-story single family home with attached 825 sq.ft. garage, pool and solar panel system on 125,366 sq.ft. vacant lot; also proposed is approx. 4,420 cu.yds. of balanced grading, at 3997 Stonebridge Court, Rancho Santa Fe, San Diego County. (ES-SD) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

 

8:30 a.m.

FRIDAY, MARCH 8, 2013

1. CALL TO ORDER.

2. ROLL CALL.

3. AGENDA CHANGES.

4. GENERAL PUBLIC COMMENT. At some time prior to adjournment for the day, public comment will be heard for items not listed on today’s agenda.

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 Arcata office at (707) 826-8950. [APPROVED]

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. [APPROVED]

a. Revision to Platform Hidalgo’s Development and Production Plan. Commission briefing on Plains Exploration & Production Company’s proposed revisions to Platform Hidalgo’s Development and Production Plan to drill two wells from Platform Hidalgo to produce oil and gas from the western half of Lease OCS-P-0450, in federal waters, offshore Santa Barbara County. (AD-SF) [NO ACTION TAKEN]

7. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES. [APPROVED WITH CONDITIONS]

8. 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.

[An addendum has been appended to the staff report for item 8a below on March 6.]

a. Application No. E-13-001 (Venoco, Inc., Santa Barbara Co.) Application of Venoco, Inc. to replace existing 15,700 ft.-long power cable from Platform Holly to Ellwood Onshore Facility with new power cable, offshore City of Goleta, Santa Barbara County. (KH-SF) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

9. FEDERAL CONSISTENCY. See AGENDA CATEGORIES .

[An addendum has been appended to the staff report for item 9a below on March 7.]

a. CD-008-13 (Navy, Southern California) Consistency determination by the U.S. Navy for the southern California portion of Hawaii-Southern California Training and Testing (HSTT) Program, offshore waters of the Southern California Range Complex. (MPD-SF) [OBJECTION TO CONCURRENCE]

b. CD-011-13 (Navy, San Diego) Consistency determination by the U.S. Navy for relocation of an existing fuel pier at the Naval Base Point Loma, west side of San Diego Bay, San Diego. (KH-SF) [POSTPONED]

Future Meetings: The next meetings of the Coastal Commission are April 10-12, in Santa Barbara and May 8-10 in Marin County.