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Meeting Agenda
November 2017

UC Davis-Bodega Laboratory
2099 Westshore Road
Bodega Bay, CA 94923

Wednesday November 8, 2017

1. Call to Order

2. Roll Call

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.

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.

c. Legislative Report

Review and discussion on legislation. (JA/SC-SF)

North Central Coast District

7. 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.

8. Consent Calendar (removed from Regular Calendar)

9. Coastal Permit Applications

a. Application No. 2-17-0702 (San Francisco Recreation and Parks Department, Pacifica)

Application of San Francisco Recreation and Parks Dept. for after-the-fact authorization of constructed shoreline armoring fronting Sharp Park Golf Course, consisting of earthen berm approx. 3200 feet in length, and 2 sections of rock rip-rap totaling approx. 1,425 feet in length in front of earthen berm, in Pacifica, San Mateo County. (PF/SS-SF)

10. Permit Amendments

a. Permit No. A-2-MAR-08-028-A2 (Lawson’s Landing Inc., Marin Co.)

Request by Lawson’s Landing Inc. to amend permit to: 1) construct wastewater management system, including collection, treatment and dispersal facilities; 2) improve existing entrance, gate house, roadway and parking facilities; 3) construct Lawson’s Landing Center including new support service buildings, store, electric vehicle charging station, and rooftop photovoltaic or solar thermal collectors; and 4) restore habitat, at Lawson’s Landing facility, at 137 Marine View Dr. south of Dillon Beach, Marin County. (JM-SF)

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 Santa Cruz office at (831) 427-4863.

12. Consent Calendar (removed from Regular Calendar)

13. Local Coastal Programs (LCPs)

a. Monterey County LCP Amendment No. LCP-3-MCO-16-0070 (Monterey Cypress Development Standards). Time Extension.

Public hearing and action on request by Monterey County to extend time to acknowledge and accept the modifications suggested by the Coastal Commission on LCP-3-MCO-16-0070 (Monterey Cypress Development Standards). (KK-SC)

14. New Appeals

a. Appeal No. A-3-SLO-17-0053 (Clemence-Lucas Vacation Rental, San Luis Obispo Co.)

Appeal by Joseph and Barbara Crowley of San Luis Obispo County decision granting permit with conditions to Lynn Clemence-Lucas for use of existing single-family home as residential vacation rental at 2701 Windsor Blvd. in Cambria, San Luis Obispo County. (KB-SC)

15. Coastal Permit Applications

a. Application No. A-3-MCO-09-009 (Rancho Los Robles Subdivision, North Monterey Co.)

Application of Heritage/Western Communities LTD to: 1) subdivide 2 parcels totaling 33.58 acres into 52 residential lots; 2) demolish single-family home, 2 barns, and remove 2 mobile home units; 3) construct 54 residences, including 50 single-family residences and 4 units in duplexes; 4) dedicate 3.5 acres of land to Monterey County for future parks and recreational facilities; 5) dedicate 17 acres of land and one existing single-family home to future to-be-formed Community Services District for future parks and recreational facilities; and 6) construct roads and related improvements, at 100 Sill Rd., Las Lomas, North Monterey County. (KK-SC)

b. Application No. 3-15-2114 (San Simeon Community Services District After-the-Fact Armoring and Improvements, San Luis Obispo Co.)Postponed

Application of San Simeon Community Services District for after-the-fact recognition and retention of: 1) riprap revetment fronting wastewater treatment plant (completed in 1983); 2) replacement of portion of ocean outfall pipeline (completed in 1984); 3) improvements to pipe support structure across Arroyo del Padre Juan Creek, including placement of riprap at abutments (completed in 1995); and 4) full replacement of pipe support structure (completed in 1999), at 9245 Balboa Ave., San Simeon Acres, San Luis Obispo County. (DR-SC)

Energy, Ocean Resources & Federal Consistency

16. Energy, Ocean Resources & 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.

a. SONGS Mitigation Program

Review and possible Commission action on the proposed 2018-2019 Work Program and Budget for technical oversight and independent monitoring under San Onofre Nuclear Generating Station (SONGS) mitigation program required as condition of Permit No. 6-81-330 (Southern California Edison), San Diego County. (KH-SF)

17. Consent Calendar (removed from Regular Calendar)

18. Federal Consistency

a. CD-0005-17 (Corps of Engineers, Humboldt Co.)

Consistency Determination by Corps of Engineers for 2018 maintenance dredging of federal navigation channels in Humboldt Bay and Harbor and dredged material disposal at Humboldt Open Ocean Disposal Site, Humboldt County. (LS-SF)

North Coast District

19. 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 Arcata office at (707) 826-8950.

20. Consent Calendar (removed from Regular Calendar)

21. Local Coastal Programs (LCPs)

a. City of Eureka LCP Amendment No. LCP-1-EUR-16-0018-1 (Wireless Telecommunication Facilities) Certification Review

Concurrence with the Executive Director’s determination that the action by the City of Eureka accepting the Commission’s certification of LCP-1-EUR-16-0018-1 with modifications is legally adequate. (CK-A)

b. Humboldt County LCP Amendment No. LCP-1-HUM-16-0040-1 (Coastal Dependent Industry Interim Uses) Certification Review

Concurrence with the Executive Director’s determination that the action by Humboldt County accepting the Commission’s certification of LCP-1-HUM-16-0040-1 with modifications is legally adequate. (MK-A)

c. City of Eureka LCP Amendment No. LCP-1-EUR-16-0047-3 (Permit Processing Requirements)

Public hearing and action on request by the City of Eureka to amend the certified Implementation Plan to modify coastal development permit application review procedures and use permit processing procedures, and consolidate and revise public hearing noticing requirements. (CK-A)

d. City of Eureka LCP Amendment No. LCP-1-EUR-17-0007-1 (Part A: Minor Use Permits)

Public hearing and action on request by City of Eureka to amend the certified Implementation Plan to establish a minor use permit process. (CK-A)

e. City of Eureka LCP Amendment No. LCP-1-EUR-16-0046-2 (Vacation Rentals & Mobile Vendors)

Public hearing and action on request by the City of Eureka to amend the certified Implementation Plan to establish development standards for vacation dwelling units and mobile vendors and to allow these uses in certain zoning districts. (CK-A)

f. Mendocino County LCP Amendment No. LCP-1-MEN-14-0840-1 (Mendocino Town Plan Update) Certification Review

Concurrence with the Executive Director’s determination that the action by Mendocino County accepting the Commission’s certification of LCP-1-MEN-14-0840-1 with modifications is legally adequate. (TG-A)

22. Coastal Permit Applications

a. Application No. 1-17-0730 (Caltrans, Mendocino Co.)Postponed

Application of California Dept. of Transportation to conduct Phase II archaeological study surveying for remnants of historic lumber mill facility to provide data for siting and design of future rehabilitation/replacement of Highway 1 Albion River Bridge adjacent to Albion River at Highway 1 Albion River Bridge, Mendocino County. (TG-A)

b. Application No. 1-17-0159 (Hone, Arcata)

Application of Gavin and Brian Hone (Water Planet) to redevelop light industrial park by: 1) merging 4 parcels totaling 1.6 acres into 2 parcels and adjusting lot line between 2 resultant parcels; 2) demolishing 3 existing warehouses totaling 5,653 sq. feet; 3) constructing 15,089 sq.ft., 2-story retail, office, and warehouse building, and 1,600 sq.ft. open air warehouse; and 4) improving site with landscaping, signage, circulation, parking, and stormwater facilities at 76 South G St., Arcata, Humboldt County. (CK-A)

c. Application No. 1-17-0631 (Del Norte County Temporary Watchman’s Station)

Application of Del Norte County to develop temporary watchman’s station at entrance to Pacific Shores Subdivision to deter illegal dumping and camping by: 1) placing approx. 60 cu.yds. of gravel to create 960 sq.ft. development pad and driveway; 2) stationing RV on pad; and 3) installing 120 sq.ft. utility building, signage, and wooden fence at 100 Prigmore St., between Kellogg Rd., Tell Blvd., and Prigmore St., Del Norte County. (MBK-A)

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:

Canyon Vineyard Estates 1 LLC v. DeJoria et al., Govt. Code § 11126(e)(2)(A)

Friends of Martin’s Beach v. Martins Beach 1 LLC et al., Govt. Code § 11126(e)(2)(A)

Friends of Oceano Dunes, Inc. v. CCC (Cal. Dept. of Parks & Recreation et al., RPI), Govt. Code § 11126(e)(2)(A)

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

Mountainlands Conservancy LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A)

Newport Banning Ranch LLC v. CCC, Govt. Code § 11126(e)(2)(A)

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

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

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

Security National Guaranty, Inc. v. CCC et al, Govt. Code § 11126(e)(2)(A)

Security National Guaranty, Inc. v. State of California et al., Govt. Code § 11126(e)(2)(A)

Surfrider Foundation v. Martins Beach 1 LLC 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).

23. Approval of Minutes

24. Commissioners' Reports

25. Conservancy Report

26. Santa Monica Mountains Conservancy Report

27. Santa Monica Bay Restoration Report

28. Deputy Attorney General's Report

Thursday November 9, 2017

1. Call to Order

2. Roll Call

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.

Statewide

5. Public Education Program Annual Update

Public Education presentation on its activities and accomplishments for 2017. (CP-SF)

South Coast District (Los Angeles County)

6. Consent Calendar

a. Application No. 5-17-0399 (Santa Catalina Island Company, Avalon)

Application of Santa Catalina Island Co. for permanent authorization of repair and replacement of pier piles supporting Bluewater Grill and Antonio’s Pizzeria under 2 emergency permits, plus additional repair of 10 pier piles and replacement of 8 pile foundations at 302-306 Crescent Ave., Avalon, Los Angeles County. (MR-LB)

b. Application No. 5-17-0401 (Downtown Wilshire Investments, LLC, Pacific Palisades, Los Angeles)

Application of Downtown Wilshire Investments, LLC to demolish shed and pool, and construct approx. 3,325 sq.ft., 27.9-ft. high, 2-story, single-family home, with 2-car garage and pool, at 204 N. Coperto Dr., Pacific Palisades, Los Angeles, Los Angeles County. (MA-LB)

c. Application No. 5-17-0663 (Santa Catalina Island Company, Avalon)

Application of Santa Catalina Island Co. to replace 8 Quonset huts with 8 15 ft. high, 954 sq.ft. prefabricated residential units at 13,14,15,16,18,19, 20 and 21 Pebbly Beach Village Road, Avalon, Los Angeles County. (MR-LB)

d. Application No. 5-17-0736 (2424578 Ontario, LP, Venice, Los Angeles)

Application of 2424578 Ontario, LP to tie two lots together and add 313 square feet to ground floor of existing 3-story single-family home, expand exterior deck by 568 sq. feet and replace exterior sidings, railings, windows, and doors, at 4 - 26th Ave., Venice, Los Angeles, Los Angeles County. (DT-LB)

South Coast District (Orange County)

7. Administrative Calendar

a. Application No. 5-17-0231 (Armour, Newport Beach)

Application of John Armour to remove 606 sq.ft. dock float and replace with 544 sq.ft. dock float, and additional work on dock system, at 729 Via Lido Soud, Newport Beach, Orange County. (FSY-LB)

b. Application No. 5-17-0662 (Horton, Newport Beach)

Application of Steve Horton to remove 433.5 sq.ft. U-shaped dock float, 24’ x 3’ gangway, and 3 piles, and replace with 501 sq.ft. T-shaped dock float 36 sq.ft. landing, 24’ x 3’ gangway, one 10-in. round steel support pile, and two 16-in. square concrete marina guide piles, at 76 Linda Isle, Newport Beach, Orange County.(DN-SF)

San Diego Coast District

8. Consent Calendar

a. Application No. 6-17-0693 (Woolf Family Trust, San Diego)

Application of Woolf Family Trust to demolish 731 sq.ft. one-story duplex and construct 1,374 sq.ft., 3-story single-family home on 1,250 sq.ft. lot, at 721-723 Verona Ct., Mission Beach, San Diego, San Diego County. (ML-SD)

South Coast District (Orange County)

9. 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 Long Beach office at (562) 590-5071.

10. Consent Calendar (removed from Regular Calendar)

11. Local Coastal Programs (LCPs)

a. City of Newport Beach LCP Amendment No. 3-17 (LCP-5-NPB-17-0053-2 Zoning Code Clean-Up)

Concurrence with Executive Director’s determination that the City of Newport Beach request to amend the Implementing Ordinances (LIP) portion of the certified LCP to correct inconsistencies, clarify ambiguities, and add a regulation to clarify the public notification hearing procedures for minor development, is a minor amendment. (LR-LB)

12. New Appeals

a. Appeal No. A-5-LGB-17-0049 (Laguna Lido Condo, Laguna Beach)Postponed

Appeal by Mark Fudge of City of Laguna Beach permit granted to Laguna Lido Condo for elevated deck additions (approx. 5,000 sq.ft.) on seaward side of 48-unit beachfront condominium buildings, at 31755 Coast Highway, Laguna Beach, Orange County. (MA-LB)

b. Appeal No. A-5-LGB-17-0050 (Summit Circle, LLC, Laguna Beach)

Appeal by Mark Fudge of City of Laguna Beach permit granted to Summit Circle, LLC for authorization of grading, permanent shoring, and slope restoration including landscaping, 2 caisson-supported shoring walls, and bio-retention area on bluff property, at 32005 Coast Highway, Laguna Beach, Orange County. (MA-LB)

13. Coastal Permit Applications

a. Application No. 5-17-0017 (3158 Redhill Landlord, LLC, Huntington Beach)

Application of 3158 Redhill Landlord, LLC to demolish 2-story single-family home and construct 4,621 sq.ft., 3-story, 35-ft. high, single-family home, with attached 508 sq.ft., 2-car garage, on beach front lot at 16611 South Pacific Ave., Sunset Beach, Huntington Beach, Orange County. (MV-LB)

San Diego 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 San Diego office at (619) 767-2370.

15. Consent Calendar (removed from Regular Calendar)

16. Local Coastal Programs (LCPs)

a. City of Oceanside LCP Amendment No. LCP-6-OCN-15-0043-5 (Part B - Inclusionary Housing) Certification Review

Concurrence with Executive Director’s determination that action by City of Oceanside accepting the Commission’s certification with suggested modifications is legally adequate. (TR-SD)

b. City of Oceanside LCP Amendment No. LCP-6-OCN-15-0043-5 (Part C - Reasonable Accommodations) Certification Review

Concurrence with Executive Director’s determination that action by City of Oceanside accepting the Commission’s certification with suggested modifications is legally adequate. (TR-SD)

c. County of San Diego LCP-6-SDC-17-0015-1 (Land Use Plan) Adoption of Suggested Modifications Time Extension

Public hearing and action to extend the six month time period up to one year on request by County of San Diego to act and agree to the terms and modifications adopted by the Commission on May 11, 2017 for the County’s Land Use Plan. (DNL-SD)

d. City of San Diego LCP Amendment No. LCP-6-SAN-17-0057-4 (Parking Regulations Cleanup) Time Extension

Public hearing and action to extend the 60 day time limit for Commission action for up to one year on request by City of San Diego to amend the certified Land Development Code (IP) to include previously omitted parking ratios related to adoption of the North Park Community Plan. (AL-SD)

17. Coastal Permit Applications

a. Application No. 6-15-1988 (Monroe & Sloan, Solana Beach)

Application of Robert Monroe & Norton Sloan to fill 90-ft. long, 7-17 ft. high, 2-11 ft. deep notch in coastal bluff with erodible concrete at 197-201 Pacific Ave., Solana Beach, San Diego County. (DL-SD)

b. Application No. 6-17-0596 (City of Encinitas/California Department of Parks and Recreation Living Shoreline System)

Application of City of Encinitas/California Dept. of Parks and Recreation to import 9,000 cu.yds. of rock, and use sand deposited from San Elijo Lagoon dredging to construct 2,900-ft. long x 60-ft. wide dune system, 5-ft. wide gravel footpath adjacent to Highway 101 and six lateral beach access points from footpath across dunes at Cardiff State Beach, west of Coast Highway 101 between Chart House and Seaside/South Cardiff State Beach parking lot, Encinitas, San Diego County. (SR-SD)

Enforcement

18. Enforcement Report

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

 Items Th18.1 & 18.2, below will be heard as a combined hearing and staff report.

18.1. Consent Cease and Desist Order No. CCC-17-CD-03

Public hearing and Commission action on proposed administrative order directing property owners to: 1) remove unpermitted development from; and 2) cease and desist from undertaking additional unpermitted development, including: installation and maintenance of 37 water wells, grading and vegetation removal for roads, “discing” at Cojo Marine Terminal, landform alteration associated with redesign of 3 stock ponds, fill of riparian area, and installation of various hard structures such as riprap and concrete spillway, on; portions of approx. 24,364 acre property now known as Cojo Jalama Ranches (formerly known as the Bixby Ranch), at 10000 Jalama Rd.; and 3) resolve civil liabilities. (HDJ/ANM-SF)

18.2. Consent Restoration Order No. CCC-17-RO-01

Public hearing and Commission action on proposed administrative order directing property owners to: 1) take restorative actions, including: removal, erosion control, remedial grading, and revegetation activities; 2) provide additional enhancement and protection of coastal resources on property and surrounding areas to address temporal losses of habitat; and 3) implement long-term monitoring program; to address unpermitted development, including: installation and maintenance of 37 water wells, grading and vegetation removal for roads, “discing” at Cojo Marine Terminal, landform alteration associated with redesign of 3 stock ponds, fill of riparian area, and installation of various hard structures such as riprap and concrete spillway; on portions of approx. 24,364 acre property now known as Cojo Jalama Ranches (formerly known as Bixby Ranch), at 10000 Jalama Rd.; and 4) resolve civil liabilities. (HDJ/ANM -SF)

South Central Coast District

19. 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 Ventura office at (805) 585-1800.

20. Consent Calendar (removed from Regular Calendar)

21. New Appeals

a. Appeal No. A-4-MAL-09-006 (Morton, Malibu)

Appeal by Commissioners Wan and Shallenberger of City of Malibu decision granting permit to Peter Morton for after-the-fact approval of as-built front yard wall, gates, and landscaping obstructing public view corridors at 22258 & 22310 Pacific Coast Highway, and demolition of single-family home and construction of visually permeable glass fence at 19862 Pacific Coast Highway, Malibu, Los Angeles County. (DV-V)

South Coast District (Los Angeles County)

22. 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 Long Beach office at (562) 590-5071.

23. Consent Calendar (removed from Regular Calendar)

24. Local Coastal Programs (LCPs)

a. City of Long Beach LCP Amendment No. 2-17 (5-LOB-17-0052-2 Alcoholic Beverage Manufacturing Facilities, Building Code Updates, and Wireless Telecommunication Facilities). Time Extension

Public hearing and action to extend 60-day time limit for up to one year for certification of City of Long Beach Amendment No. 2-17 which would amend the Implementing Ordinances (IP) portion of the certified LCP in order to revise regulations regarding alcoholic beverage manufacturing facilities, building codes, and wireless telecommunication facilities in the public right of way. (DZ-LB)

25. New Appeals

a. Appeal No. A-5-VEN-17-0051 (Fogel, Fogel Real Estate, Venice, Los Angeles)

Appeal by Executive Director John Ainsworth of City of Los Angeles permit granted to Blake Fogel, Fogel Real Estate for demolition of 1,728 sq.ft. commercial building, and construction of 3-story, 35-ft. high mixed-use project with 3 residential units, 2,850 sq.ft. of ground floor retail space and 50 parking spaces in 2-level subterranean parking garage, on 2 beach-fronting lots at 305-309 Ocean Front Walk, Venice, Los Angeles, Los Angeles County. (SV-LB)

b. Appeal No. A-5-VEN-17-0052 (AK Lofts 5, LLC, Venice, Los Angeles)

Appeal by George Gineris, Carolyn Rios, et. al., of City of Los Angeles permit granted to AK Lofts 5, LLC for demolition of two single-story family homes, and construction of 3-story, 30-ft. high, 5,870 sq.ft., 2-unit condominium structure (small lot subdivision) at 656-656.5 California Ave., Venice, Los Angeles, Los Angeles County. (DT-LB)

26. Coastal Permit Applications

a. Application No. 5-17-0590 (2801 Sanborn, LLC, Venice, Los Angeles)

Application of 2801 Sanborn, LLC to demolish 1,076 sq.ft. single-story family home and detached garage, and construct 3,084 sq.ft., 2-story, 25-ft. high single-family home with attached garage, at 2801 Sanborn Ave., Venice, Los Angeles, Los Angeles County. (DN-SF)

b. Application No. 5-17-0672 (Fessler and Tschortner, Venice, Los Angeles)

Application of Sabine Fessler and James Tschortner to demolish 1,139 sq.ft., single-story family home, and detached garage, and construct 3,857 sq.ft., 3-story, 30-ft. high single-family home, with roof deck, 40-ft. high roof access structure, and attached 2-car garage, at 236 Carroll Canal, Venice, Los Angeles, Los Angeles County. (DN-SF)