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Meeting Agenda
December 2018

Newport Beach Civic Center
100 Civic Center Drive
Newport Beach, CA 92660

Wednesday December 12, 2018, 9:00am

1.  Call to Order & Roll Call

2.  Election of Officers

Commission consideration and possible vote on the election of officers and representatives to the Santa Monica Mountains Conservancy and the Santa Monica Bay Restoration Commission.
 Motion and Vote
 Motion and Vote  
 
 
 

3.  Agenda Changes

4.  General Public Comment

Public comments will be heard at 9:00 am for items not on the agenda, for no more than 30 minutes. At the discretion of the Chair, speakers will be given up to 3 minutes. For those unable to attend the early comment period, there may be additional comment time available later in the day. Note: Comments made during the general public comment period regarding matters pending before the Commission do not become part of the official record for those matters.

4.1. PUBLIC AGENCY PRESENTATIONS

a.  Presentation from the Superintendent of California State Parks Orange Coast District on State Parks and Beaches in Orange County

5. Chair's Report

Statewide

6. Executive Director's Report

a.  Executive Director's Report

b. Commission Correspondence

Consideration and potential action on Commission correspondence.

South Coast District (Los Angeles County)

7. Administrative Calendar

a.  Application No. 5-18-0556 (Von Hemert, Long Beach)

Application of Von Hemert to remove 600 sq.ft. dock float and gangway, and replace with 492 sq.ft. dock float and gangway including installation of one additional 14-in. diameter pile, at 279 Bay Shore Ave. (Alamitos Bay), Long Beach, Los Angeles County. (DZ-LB)

8.  Consent Calendar    Motion and Vote

a. Application No. 5-17-1045 (Bohbot, Santa Monica)

Application of Steven, Marc, and Michele Bohbot to demolish 1,416 sq.ft. single-family home and construct 39-ft. high, 3-story, 5,721 sq.ft. single-family home and pool, at 938 Palisades Beach Rd., Santa Monica, Los Angeles County. (ES-LB)

b. Application No. 5-17-1046 (Bohbot, Santa Monica)

Application of Steven, Marc, and Michele Bohbot to demolish 964 sq.ft. single-family home and construct 39-ft. high, 3-story, 6,119 sq.ft. single-family home and pool, at 940 Palisades Beach Rd., Santa Monica, Los Angeles County. (ES-LB)

c. Application No. 5-18-1000 (City of Long Beach, Belmont Pier Aqualink Landing)

Application of City of Long Beach to rehabilitate Belmont Pier Aqualink landing including removal of 16 piles and pile caps, gangway, and mooring dolphins; install 2,080 sq.ft. dock float, aluminum gangway, central gangway hoist assembly, and 4 seaflex mooring anchors; and replace damaged lighting and guardrails, at Belmont Veteran’s Pier, 35 39th Place, Long Beach, Los Angeles County. (DZ-LB)

South Coast District (Orange County)

9.  Administrative Calendar

a. Application No. 5-18-0703 (Naehring, Newport Beach)

Application of Matt Naehring to remove 220 sq.ft. dock float and 3’ x 24’ gangway and replace with re-orientated 220 sq.ft. dock float and 3’x 24’ gangway, and relocate two 12-in. square piles, at 3406 Marcus Ave., Newport Beach, Orange County. (FSY-LB)

b. Application No. 5-18-0912 (Kruse, Newport Beach)

Application of Daniel Kruse to remove 16’ x 12’ dock float, 3’ x 18’ gangway, and 4’ x 4’ pier platform and replace with 20’ x 8’ dock float and 3’ x 24’ gangway, and also relocate two 12-in. square concrete dock float guide piles, at 619 36th St., Newport Beach, Orange County. (ES-LB)

10.  Consent Calendar    Motion and Vote

a. Application No. 5-18-0057 (Davis, Newport Beach)

Application of Randy Davis to remove 845 sq.ft. L-shaped dock float, 3’x 22’ gangway and four 18-in. hexagonal piles, and replace with 1,012 sq.ft. L-shaped dock float, 3’x 40’ gangway and eight 18-in. square piles, at 88 Linda Isle, Newport Beach, Orange County. (FSY-LB)

North Central Coast District

11.  Deputy Director's Report

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission’s San Francisco office at (415) 904-5260.

12. Consent Calendar (removed from Regular Calendar)

13. Local Coastal Programs (LCPs)

a.  City of Pacifica LCP Amendment No. LCP-2-PAC-18-0075-2 (Short Term Rentals)

Concurrence with the Executive Director’s determination that the request by the City of Pacifica to amend the LCP Implementation Plan to codify short term rental provisions is de minimis. (PF-SF)

b.  City of Half Moon Bay LCP Amendment No. LCP-2-HMB-18-0080-1 (Accessory Dwelling Units)

Concurrence with the Executive Director’s determination that the request by the City of Half Moon Bay to amend the LCP Implementation Plan to update accessory dwelling unit regulations is minor. (PF-SF)

c.  City of Half Moon Bay LCP Amendment No. LCP-2-HMB-18-0081-2 (Stoloski/Gonzalez Planned Development District)

Concurrence with the Executive Director’s determination that the request by the City of Half Moon Bay to amend the LCP to establish the Stoloski/Gonzalez Planned Development District (PDD) and to add specific development standards for the PDD is de minimis. (SK-SF)

Central Coast District

14.  Deputy Director's Report

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission’s Santa Cruz office at (831) 427-4863.

15. Consent Calendar (removed from Regular Calendar)

16. Local Coastal Programs (LCPs)

a.  City of Pismo Beach LCP Amendment No. LCP-3-PSB-18-0076-2-Part B (Circulation Element)

Public hearing and action on request by the City of Pismo Beach to update the Land Use Plan’s Circulation Element. (KB-SC)
 Motion and Vote    Motion and Vote

17. Coastal Permit Applications

a.  Application No. 3-16-0325 (Moss Landing Harbor Dredging, Monterey Co.)

Application of the Moss Landing Harbor District to allow annual maintenance dredging for next 10 years with disposal of dredged materials through beach replenishment and/or at SF-12/SF-14 offshore disposal sites, Moss Landing, Monterey County. (BO-SC)
 Motion and Vote    Motion and Vote

South Coast District (Los Angeles County)

18.  Deputy Director's Report For Los Angeles County

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's Long Beach office at (562) 590-5071. NOTE: CDP 5-18-1160-W (City of Los Angeles & L.A. County Metropolitan Transportation Authority) for temporary housing facility to shelter 100 homeless adults and 54 transitional-age youth is included as part of Item W18, Deputy Director’s Report.

19.  Consent Calendar (removed from Regular Calendar)    Motion and Vote  

19.1. Local Coastal Programs (LCPs)

a.  City of Redondo Beach LCP Amendment No. 2-17 (LCP-5-RDB-17-0046-1) Time Extension

Public hearing and action to extend the time limit for Commission action for one year on request by the City of Redondo Beach to amend the Implementing Ordinances of the certified LCP to allow emergency shelters as a permitted use in Industrial zones. (ES-LB)    Motion and Vote

20. New Appeals

a.  Appeal No. A-5-VEN-18-0064 (Thomas James Capital, Venice, Los Angeles)

Appeal by Robin Rudisill and Alix Gucovsky of City of Los Angeles decision granting permit with conditions to Thomas James Capital for demolition of detached garage and, at least 44% of single-story, 832 sq.ft. one-story single-family home, and construction of additions to single-family home, resulting in 2-story, 26.5-ft. high, 3,270 sq.ft. single-family home with attached 2-car garage and swimming pool, at 2819 Grayson Ave., Venice, Los Angeles, Los Angeles County. (DT-LB)
 Motion and Vote

b.  Appeal No. A-5-VEN-18-0066 (Ding-Tayag Family Trust, Venice, Los Angeles)

Appeal by Richard Stanger of City of Los Angeles granting permit to Ding-Tayag Family Trust for major remodel and construction of 2-story addition to 961 sq.ft. one-story single-family home, resulting in 2-story, 25-ft. high, 3,083 sq.ft. single-family home with attached 2-car garage, at 2334 Frey Ave., Venice, Los Angeles, Los Angeles County. (AS-LB)
 Motion and Vote

21. Coastal Permit Applications

a.  Application No. 5-17-1009 (Bel Air Bay Club, Pacific Palisades, Los Angeles)

Application of Bel Air Bay Club to repair and reinforce 2 groins to their 1947 design footprint and bulk at approx. 5,245 sq.feet. (up coast groin) and 15,560 sq.feet. (down coast groin), utilizing 624 tons of armor and underlying stone (531 tons to be imported and 93 tons to be retrieved onsite) and 8,500 sq.feet. of filter fabric for purposes of protecting public beach from erosion, at 16800 Pacific Coast Highway, Pacific Palisades, Los Angeles, Los Angeles County. (DT-LB)
 Motion and Vote

b.  Application No. 5-18-0119 (MCL Marina Corp., Redondo Beach)

Application of MCL Marina Corp. to remove dock guide piles, and install support piles to support cantilevered portion of 49-unit apartment building in Redondo Beach King Harbor in order to correct (soft story) condition. The support piles will displace approx. 21 cu.yds. of soft-bottom habitat and mitigation is proposed. The project includes demolition and reconstruction of adjacent dock system with no loss to number of slips, and installation of 1,000 sq.ft. public dock area for temporary dinghy or small craft docking and launch point for hand-powered small crafts, located at 835 Hopkins Way, Redondo Beach, Los Angeles County. (AD-LB)
 Motion and Vote

c.  Application No. 5-18-0382 (Los Angeles County Public Works Department, Marina del Rey)

Application of County of Los Angeles, Public Works Dept. to remove 10,500 sq.ft. dock structure with 28 concrete piles, 3 gangways and platforms, boat hoist, and replace with 14,800 sq.ft. dock structure with 41 concrete piles, three 14-ft. high structures on dock, including two 24-hr. emergency response operations centers at 2,100 sq.ft. and 1,291 sq.ft. for sheriff and lifeguard service purposes, 510 sq.ft. emergency diver equipment storage enclosure, 2 gangways, ‘pumpout’ station and fuel station with utility upgrades, at 13483 – 13851 Fiji Way, Marina del Rey, Los Angeles County. (DT-LB)

South Coast District (Orange County)

22. Deputy Director's Report for Orange County

Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's Long Beach office at (562) 590-5071.

23.  Consent Calendar (removed from Regular Calendar)    Motion and Vote

24. Local Coastal Programs (LCPs)

a.  City of Huntington Beach LCP Amendment No. 1-18 (LCP-5-HNB-18-0046-1)

Public hearing and action on request by the City of Huntington Beach to amend the certified LCP both Land Use Plan and Implementation Plan to incorporate the Windward Specific Plan which, under the acquisition alternative would preserve the 5 acre site and the adjacent 6.2 acre in parcel open space and under the development alternative would designate 2.5 acres open space allow 2.5 acres of medium density residential development and preserve the adjacent 6.2 acre parcel in open space. (MV-LB)
 Motion and Vote    Motion and Vote  

b.  City of Newport Beach LCP Amendment No. 4-18 Part C (LCP-5-NPB-17-0084-1)

Public hearing and action on request by the City of Newport Beach to amend the certified Implementation Plan (IP) portion of the LCP to include a new provision allowing for modifications and variances, add exceptions to the Shoreline Height Limit, and revise IP sections to allow additions to nonconforming structures, and revise IP sections regarding the waiver of future protection in shoreline hazardous areas. (LR-LB)
 Motion and  Vote    Motion and Vote    Motion and Vote    Motion and Vote

c.  City of Newport Beach LCP Amendment No. 3-17 (LCP-5-NPB-17-0053-1)

Concurrence with the Executive Director’s determination that the action by the City of Newport Beach accepting certification of LCP Amendment No. 3-17, approved with suggested modifications on July 11, 2018, is legally adequate. The LCP amendment corrects a number of inconsistencies and clarifies ambiguities in the IP, adds a new planned community (PC-59 Lido Villas), and adds a regulation to clarify the public notification hearing procedures for minor development. (LR-LB)

25. New Appeals

a.  Appeal No. A-5-HNB-18-0067 (Pendulum Properties Partners, Huntington Beach)

Appeal by Tony Sellas of decision by City of Huntington Beach granting permit with conditions to Pendulum Properties Partners to establish shared parking program for existing 98,823 sq.ft. shopping center (Peter’s Landing), which includes reduction in number of parking spaces required for existing and future commercial uses at commercial shopping center (retail, office, restaurant, marina, and religious assembly), at 16330 – 16470 Pacific Coast Highway, Huntington Beach, Orange County. (MV-LB)

b.  Appeal No. A-5-LGB-18-0069 (City of Laguna Beach Village Storage Building) Postponed

Appeal by Brian T.S. Menne of City of Laguna Beach granting permit amendment for construction of single-story, 12-ft. high, 800 sq.ft. storage building (Marine Safety Dept.) at Laguna Beach Village Entrance Area (from 555 Forest Ave. to 725 Laguna Canyon Rd.), Laguna Beach, Orange County. (MA-LB)

c.  Appeal No. A-5-LGB-18-0071 (Hale, Laguna Beach)

Appeal by Mark and Sharon Fudge of City of Laguna Beach granting permit with conditions to Martin and Deborah Hale for construction of caisson supported retaining wall, drainage, and new landscaping on bluff-top lot with single-family home at 15 Camel Point Dr., Laguna Beach, Orange County. (MA-LB)

26. Coastal Permit Applications

a.  Application No. 5-18-0221 (Wong, Newport Beach) Withdrawn

Application of Douglas Wong to construct 25’x 5’ concrete deck cantilevered from bulkhead over wet sand/water (Newport Bay), associated with single-family home, at 1316 W. Bay Ave., Newport Beach, Orange County. (FSY-LB)

b.  Application No. 5-18-0094 (Pickup, Newport Beach)

Application of Todd Pickup to reinforce existing seawall for existing single-family home with new seawall cap, earth anchors and deadmen; and remove 1,152 sq.ft. boat dock system and 3’x 18’ gangway, and replace with 1,105 sq.ft. boat dock system and 3’x 24’ gangway, at 23 Harbor Island, Newport Beach, Orange County. (FSY-LB)

c.  Application No. 5-18-0241 (Poulis, Sunset Beach, Huntington Beach) Postponed

Application of Peter Poulis to demolish 2-story duplex and construct 3-story, 35-ft. high, 5,316 sq.ft. single-family home with attached 231 sq.ft., 3-car garage (including one set of tandem spaces), on beachfront lot at 16671 S. Pacific Ave., Sunset Beach, Huntington Beach, Orange County. (MV-LB)

d.  Application No. 5-18-0295 (Senn, Sunset Beach, Huntington Beach)Postponed

Application of Larry Senn to demolish single-family home and construct 6,609 sq.ft., 3-story, 35-ft. high, single-family home with attached 817 sq.ft., 3-car garage on beachfront lot, 17005 S. Pacific Ave., Sunset Beach, Huntington Beach, Orange County. (MV-LB)

e.  Application No. 5-18-0304 (City of San Clemente Marine Safety Building)

Application of City of San Clemente to construct steel pile seawall and concrete cap in front of existing seawall protecting Marine Safety Building, concrete armor mat between seawall and building foundation wall, structural foundation repair work and exterior building improvements at San Clemente Marine Safety Bldg. located up coast of San Clemente Pier at 620 Avenida del Mar, San Clemente, Orange County. (LR-LB)
 Motion and  Vote  

Statewide

 Closed Session

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

California Coastal Commission v. Witter et al., Govt. Code § 11126(e)(2)(A)

Dunes Development LLC v. CCC, Govt. Code § 11126(e)(2)(A)

Encinitas Residents Coalition v. CCC (City of Encinitas, RPI), Govt. Code § 11126(e)(2)(A)

Friends, Artists and Neighbors of Elkhorn Slough et al. v. CCC (Heritage/Western Communities Ltd. et al., RPI), Govt. Code § 11126(e)(2)(A)

Friends of the Canyon v. CCC (Longi et al., RPI), Govt. Code § 11126(e)(2)(A)

Fudge v. CCC et al. (Laguna Beach Golf & Bungalow Village LLC, RPI), Govt. Code § 11126(e)(2)(A)

In re Border Infrastructure Environmental Litigation, Govt. Code § 11126(e)(2)(A)

Kohn v. CCC, Govt. Code § 11126(e)(2)(A)

Longi et al. v. CCC et al, Govt. Code § 11126(e)(2)(A)

Martins Beach 1 LLC et al. v. Turnbull Sanders et al, Govt. Code § 11126(e)(2)(A)

Mission Beach Citizens for Responsible Development v. CCC (City of San Diego et al., RPI), Govt. Code § 11126(e)(2)(A)

Mountainlands Conservancy LLC et al. v. CCC (County of Los Angeles, RPI), Govt. Code § 11126(e)(2)(A)

Pappas et al. v. State Coastal Conservancy et al. (Rancho Cuarta, RPI), Govt. Code § 11126(e)(2)(A)

People of the State of California et al. v. U.S. Dept. of the Interior et al., Govt. Code § 11126(e)(2)(A)

Ramirez Canyon Preservation Fund v. CCC (County of Los Angeles, RPI), Govt. Code § 11126(e)(2)(A)

Rudisill et al. v. CCC (Lighthouse Brooks LLC, RPI), Govt. Code § 11126(e)(2)(A)

Spotlight on Coastal Corruption v. CCC et al., Govt. Code § 11126(e)(2)(A)

Spotlight on Coastal Corruption v. Kinsey 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). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).

Statewide

27.  Approval of Minutes    Motion and Vote

28.  Commissioners' Reports

29.  Conservancy Report

30.  Santa Monica Mountains Conservancy Report

31.  Santa Monica Bay Restoration Report

32.  Deputy Attorney General's Report