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  MARCH 2017 AGENDA



(415) 407-3211

active during meeting only

WEDNESDAY MARCH 8, 2017 9:00 A.M.

  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. 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

  1.  Executive Director's Report .
    1.  Executive Director's Report
    2. Commission Correspondence
      Consideration and potential action on Commission correspondence.
    3.  Interagency Agreement
      Public hearing and Commission authorization to amend interagency agreement and also enter into a new interagency agreement with Dept. of Water Resources for shared information technology services and/or computer resources. (AW-SF)     Motion and Vote    Motion and Vote    
    4.  Legislative Report
      Legislative Report. (JA/SC-SF)     Motion and Vote   
    5.  Environmental Justice
      Discussion of draft environmental justice policy. (JA/SC-SF) [POSTPONED]

SOUTH COAST DISTRICT (ORANGE COUNTY)

    1.  CONSENT CALENDAR.
      SeeAgenda Categories .      Motion and Vote
      1.  Application No. 5-16-0348 (City of Seal Beach)
        Application of Mid-City Homes, LLC to demolish single-story family home, and construct 2,702 sq.ft., 2-story, 25 ft.-high (with 34-ft. high roof access structure), single-family home with attached 339 sq.ft., 2-car garage and 437 sq.ft. roof deck, at 3021 Stanford Ave., Venice, Los Angeles County. (CO-LB) [POSTPONED]
      2. Application No. 5-16-0427 (California Department of Transportation District 12, Newport Beach)
        Application of Caltrans to repair section of collapsed concrete slope paving at north arm of Newport Bay Pacific Coast Highway Bridge abutment in Newport Bay and failed asphalt section of bicycle/pedestrian path underneath bridge, new protective sheet pile, and planting of native plant species on upland slope adjacent to site in Newport Beach, Orange County. (LR-LB)
      3. Application No. 5-16-0769 (Fluter and Collins, Newport Beach)
        Application of Russ Fluter and Jim Collins to demolish 2-story, single-family home, and construct new 2,922 sq.ft., 24-ft. high, 2-story, single-family home with attached 430 sq.ft., 2-car garage on bayfront lot, at 658 Via Lido Nord, Newport Beach, Orange County. (MR-LB)
      4. Application No. 5-16-0804 (Littlefair, Newport Beach)
        Application of Andrew and Karen Littlefair to demolish 2-story, single-family home, and construct 3,195 sq.ft., 24-ft. high, 2-story, single-family home with attached 473 sq.ft. 2-car garage on bayfront lot, at 531 Via Lido Soud, Newport Beach, Orange County. (MR-LB)
      5. Application No. 5-16-0888 (Cooper Residential, LLC, Newport Beach)
        Application of Cooper Residential, LLC to demolish single-story family home, and construct new 2,563 sq.ft., 29-ft. high, 3-story, single-family home with attached 476 sq.ft., 2-car garage on bayfront lot, at 519 36th St., Newport Beach, Orange County. (MR-LB)
      6. Application No. 5-16-0976 (Frederiksen, Newport Beach)
        Application of Torben Frederiksen to demolish 2-story-single family home, and construct 5,917 sq.ft., 25-ft. high, 2-story, single-family home with attached 1,058 sq.ft. garage on bayfront lot, at 312 Evening Star Lane, Newport Beach, Orange County. (MR-LB)
      7.  Application No. 5-16-1031(Rogers, Newport Beach)
        Application of Stephen Rogers to demolish 3-story, single-family home at 322 Buena Vista and raise grade to match grade at 320 Buena Vista and remodel existing 3,075 sq.ft. 2-story single family home at 320 Buena Vista with 3,107 sq.ft. addition including additional 3-car garage resulting in new 6,145 sq.ft., 3-story, 29-ft. high single-family home, grading, and new hardscape and landscaping, at 320 and 322 Buena Vista, Newport Beach, Orange County. (LR-LB) [WITHDRAWN]

    SAN DIEGO COAST DISTRICT

    1.  CONSENT CALENDAR.
      SeeAgenda Categories .       Motion and Vote
      1. Application No. 6-17-0041 (Cedros 330 Management, LLC, Solana Beach)
        Application of Cedros 330 Management, LLC to construct 26,408 sq.ft., 2-story, 25-ft. tall mixed-use building with 4 commercial retail spaces and restaurant on ground floor, 5 office spaces and 8 residential rental units on second floor, on 0.94 acre lot currently developed with single-family home and former retail nursery, at 330 South Cedros Ave., Solana Beach, San Diego County. (SR-SD)

    NORTH CENTRAL COAST DISTRICT

    1.  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.  
    2.  CONSENT CALENDAR (removed from Regular Calendar).
      SeeAgenda Categories .         Motion and Vote
    3. LOCAL COASTAL PROGRAMS (LCPs).
      See Agenda Categories .
      1.  Marin County LCP Amendment No. LCP-2-MAR-15-0029-1 (Marin LCP Update). Time Extension
        Public hearing and action on request by Marin County to extend time to acknowledge and accept the modifications suggested by the Coastal Commission on LCP Amendment No. LCP-2-MAR-15-0029-1 (Marin LCP Update). (JM-SF)        Motion and Vote
      2.  City of Half Moon Bay LCP Amendment No. LCP-2-HMB-17-0006-1 Part A (DayCare Use Regulations)
        Public hearing and action on request by the City of Half Moon Bay to revise the LCP’s IP to add definitions for “Small” and “Large Family Day Cares”, add allowances for such day care facilities in all residential zones, and establish use regulations related to day care facilities. (SR-SF)   Motion and Vote      
      3.  City of Half Moon Bay LCP Amendment No. LCP-2-HMB-17-0006-1 Part B (Supportive and Transitional Housing)
        Concurrence with the Executive Director’s determination that the request by the City of Half Moon Bay to revise the LCP’s IP to add definitions for “Supportive” and “Transitional” housing is de minimis. (SR-SF)        Motion and Vote
    4. COASTAL PERMIT APPLICATIONS.
      See Agenda CategoriesAttention: 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.
      1.  Application No. 2-17-0018 (Caltrans, Marin Co.)
        Application by Caltrans to install centerline rumble strips along Highway 1 and to widen shoulders at 40 locations between PM 3.1 and PM 50.5 along Highway 1 in Marin County. (SF-SF) 
      2.  Application No. 2-16-0684 (AIMCO Esplanade Ave. Apartments, Pacifica)
        Application by AIMCO to authorize temporary work performed under 2 emergency permits including placement of rock for repair of existing revetment and construction of soil nail wall 50-feet in height, along bluff seaward of 380 Esplanade Ave., Pacifica, San Mateo County. (PF-SF)

    CENTRAL COAST DISTRICT

    1.  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. 
    2. CONSENT CALENDAR (removed from Regular Calendar).
      See Agenda Categories . 
    3. LOCAL COASTAL PROGRAMS (LCPs).
      See Agenda Categories .
      1.  Santa Cruz County LCP Amendment No. LCP-3-SCO-16-0052-1 (Amendments to Vacation Rental Ordinance). Certification Review
        Concurrence with the Executive Director’s determination that the action by Santa Cruz County accepting certification of LCP-3-SCO-16-0052-1 with modifications (amendments to vacation rental ordinance) is legally adequate. (RG-SC)      Motion and Vote
    4. NEW APPEALS.
      See Agenda Categories .
      1.  Appeal No. A-3-SLO-16-0095 (E Street Subdivision, San Luis Obispo Co.)
        Appeal by Kerry Friend of San Luis Obispo County decision granting permit with conditions to “Cypress Glen On E Street LLC” for: (1) demolition of existing single-family home; (2) subdivision of 0.84-acre site into 7 residential parcels and 1 open space parcel; (3) construction of 7 single-family homes; (4) abandonment of portion of Cypress Glen Court; and (5) adjustment to allow more than 5 lots to be accessed from private easement, at 399 E Street, Cayucos, San Luis Obispo County. (DR-SC) [De Novo Hearing POSTPONED]        Ex-Parte   
      2.  Appeal No. A-3-SCO-17-0004 (Lowe, Santa Cruz Co.)
        Appeals by Commissioners Shallenberger and Howell and Rosie Brady of Santa Cruz County decision granting permit with conditions to Alan and Julie Lowe to demolish existing blufftop house, garage and studio apartment and construct new blufftop house and garage located on seaward side of So. Palisades Ave. in Pleasure Point area of Santa Cruz County. (RM-SC)
    5. COASTAL PERMIT APPLICATIONS.
      See Agenda CategoriesAttention: 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.
      1.  Application No. A-3-MCO-06-044 (Mayr Subdivision, North Monterey Co.)
        Application of Robert and Linda Mayr to subdivide 5.52-acre parcel into 2 lots (one 2.85 acres and one 2.67 acres), development of mutual water system, construction of septic systems and driveway infrastructure, and related improvements, at 16323 Castroville Blvd., Prunedale, North Monterey County. (KK-SC)    Motion and Vote
      2.  A-3-PSB-15-0030 (Rozo, Pismo Beach)
        Application by Pam and Ernie Rozo to demolish existing single-family home and construct new 2-story single-family home with attached 2-car garage and secondary dwelling unit, at 388 Windward Ave., Pismo Beach, San Luis Obispo County. (YC-SC)   Ex Parte            Motion and  Vote          Amending  Motion and  Vote          Reconsideration of Amending  Motion and  Vote          Re-vote on the Amending  Motion and Vote

    SOUTH COAST DISTRICT (ORANGE COUNTY)

    1.  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. 
    2.  CONSENT CALENDAR (removed from Regular Calendar).
      See Agenda Categories .        Motion and Vote
    3. LOCAL COASTAL PROGRAMS (LCPs).
      See Agenda Categories . 
      1.  City of Laguna Beach LCP Amendment No. 2-13 ( LCP-5-LGB-13-0216-2)
        Request by City of Laguna Beach to amend Chapter 25.55 (Telecommunications Facilities) of the LCP Implementing Ordinances to update the local telecommunication regulations in order to clarify when discretionary review is required, specify application requirements, update standards, and revise the definition section, Laguna Beach. (MV-LB)       Motion and Vote   Motion and Vote

         W20b, W20c and W23a, below, will be heard through a combined hearing and W20b and W20c share a single combined staff report     Motion and Vote               Motion and Vote   Motion and Vote

      2. City of Newport Beach LUP Amendment No. 1-16 (LCP-5-NPB-16-0039-1)
        Request by the City of Newport for Land Use Plan Amendment to change Table 2.1.1-1 Land Use Plan Categories, increasing the density/intensity cap for the Visitor-Serving Commercial – Lido Village (CV-LV) from 98,725 gross square feet to 103,470 gross square feet for the site located at 3300 Newport Blvd., Newport Beach. (AD-LB)  
      3. City of Newport Beach IP Amendment No. 1-17 (LCP-5-NPB-17-0010-1)
        Request by the City of Newport Beach to amend the recently adopted LCP Implementing Ordinances to change Commercial Coastal Zoning Table 21.20-2 in order to increase the Floor Area Maximum Limit for zone CV-LV to 103,470 sq. ft. for the site located at 3300 Newport Blvd., Newport Beach. (AD-LB)
    4. POST LCP JURISDICTION MAP 
      1.  City of Newport Beach Post LCP Certification Permit and Appeal Jurisdiction Map
        Public hearing and action on draft map that depicts areas within the City of Newport Beach that are subject to the Commission’s permit and appeal jurisdiction after transfer of permit authority pursuant to certification of the LCP. (GB-SF)     Motion and Vote
    5. 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. 
      1.  Application No. 5-16-0113 (Lido Peninsula Company, LLC, Newport Beach) [ADDENDUM]
        Application of Lido Peninsula Company, LLC to demolish 81 slip marina and construct 46 slip marina in same location at Channel Road Marina (Lido Peninsula) Newport Beach, Orange County. (FSY-LB)
      2.  Application No. 5-16-0552 (California Department of State Parks and Recreation; the Crystal Cove Alliance, Newport Beach)
        Application of California Dept. of State Parks and Recreation and Crystal Cove Alliance to: (1) renovate 17 historic cottages on North Beach of Crystal Cove Historic District and convert for overnight visitor serving uses; (2) construct utility lines, beachfront boardwalk and service pathway upon caissons, soil debris wall at toe of the bluff, and caisson and grade beam system for slope stabilization of North Beach Road; (3) reconfigure bluff top check-in parking lot and install new landscaping; (4) construct low-cost overnight accommodations; and (5) implement overnight educational program using mitigation funds, at Crystal Cove State Park, 8471 North Coast Hwy, Newport Beach, Orange County. (AD-LB)      Motion and  Vote
    6. 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.
      1.  Permit No. 5-14-1785-A1 (RD Olson Development, Newport Beach)
        Request by RD Olson Development to amend permit for plans for Lido House Hotel to increase square footage of structure 4,745 sq.ft. by expanding hotel lobby, retail areas and non-customer service areas, at 3300 Newport Blvd, Newport Beach, Orange County. (AD-LB)

    SAN DIEGO COAST DISTRICT

    1.  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. 
    2. CONSENT CALENDAR (removed from Regular Calendar).
      See Agenda Categories . 
    3. LOCAL COASTAL PROGRAMS (LCPs).
      See Agenda Categories . 
      1.  City of Oceanside LCP Amendment No. LCP-6-OCN-16-0071-2 (Zoning Ordinance Update/Protected Uses)[ADDENDUM]
        Public hearing and action on request by the City of Oceanside to amend its Implementation Plan to remove, certify, and/or modify several different zoning articles, primarily related to first amendment protected uses. (ES-SD)     Motion and Vote 
      2.  City of Oceanside LCP Amendment No. LCP-6-OCN-16-0072-3 (Zoning Ordinance Update/Overlay Districts)[ADDENDUM]
        Public hearing and action on request by the City of Oceanside to amend its Implementation Plan to remove, certify, and/or modify several different zoning articles, primarily related to overlay districts. (ES-SD)       Motion and Vote
      3.  City of Del Mar LCP Amendment No. LCP-6-DMR-17-0011-1 (Temporary Use Permits) Time Extension
        Public hearing and action to extend the time limit for Commission action up to one year on request by City of Del Mar to amend its certified implementation plan to adopt temporary use permit process for private properties. (SR-SD)     Motion and Vote
      4.  City of San Diego LCP Amendment No. LCP-6-SAN-16-0063-2 (Affordable Housing Density Bonus/Housing Related Amendments)
        Public hearing and action on request by the City of San Diego to amend the certified Implementation Plan (IP) to expand existing incentives for affordable housing development; designate zones for emergency homeless shelters and introduce Continuing Care Retirement Communities as a new separately regulated use. (AL-SD)      Motion and Vote
    26.5
    NEW APPEALS.
    See Agenda Categories 
    1.  Appeal No. A-6-PSD-17-0003 (Brigantine, San Diego)
      Appeal by Commissioners Bochco & Shallenberger from decision of San Diego Unified Port District granting permit with conditions to The Brigantine, Inc. to demolish existing 24,855 sq.ft., 27-ft. high building, 23,285 sq.ft. building platform, 66 concrete piles and remnants of 565 sq.ft. dock; and install 53 concrete piles and construct 40,805 sq.ft., 34-ft. high restaurant building, 24,960 sq.ft. platform, and 3,370 sq.ft. dock, at 1360 North Harbor Dr., San Diego, San Diego County. (ML-SD) [POSTPONED]
      1. COASTAL PERMIT APPLICATIONS.
        See Agenda CategoriesAttention: 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.
        1.  Application No. 6-16-0989 (SeaWorld, San Diego)
          Application by SeaWorld San Diego for lighting and sound facility improvements to allow for summer night-time show in Waterfront Stadium for a 5-year period and limit summer fireworks shows to 14 nights starting in 2017 at 500 SeaWorld Dr., Mission Bay Park, San Diego, San Diego County. (AL-SD) [POSTPONED]
      2. DISPUTE RESOLUTION
        1.  Dispute Resolution No. 6-17-0146-EDD (Brigantine, Inc., San Diego) [ADDENDUM]
          Public hearing and Commission determination on dispute over appealability of San Diego Unified Port District’s action to demolish existing 24,855 sq.ft., 27-ft. high restaurant facility, 23,285 sq.ft. building platform with 66 concrete piles and then install 53 concrete piles and construct 40,805 sq.ft., 34-ft. high restaurant facilities on a 24,960 sq.ft. platform with 3,370 sq.ft. dock at 1360 North Harbor Dr., San Diego, San Diego County. (ML-SD)  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:
        • 416 Grand Blvd. LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A) – see items Th18a - Th18b
        • AquaLegacy Development LLC v. CCC et al., Govt. Code § 11126(e)(2)(A) – see item W13
        • AquaLegacy Development LLC v. CCC et al., Govt. Code § 11126(e)(2)(A) – see item W13
        • Barth v. CCC, Govt. Code § 11126(e)(2)(A)
        • Beach Sandpit LLC v. CCC, Govt. Code § 11126(e)(2)(A)
        • Linovitz Capo Shores LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A)
        • Bird v. CCC (Keane 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)
        • Grassroots Coalition v. CCC (Lester et al., RPI), Govt. Code § 11126(e)(2)(A)
        • Lent et al. v. CCC (State Coastal Conservancy, RPI), Govt. Code § 11126(e)(2)(A)
        • Mahon 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)
        • Pappas et al. v. State of California et al., Govt. Code § 11126(e)(2)(A)
        • Rudisill et al. v. CCC (Lighthouse Brooks LLC et al., RPI), Govt. Code § 11126(e)(2)(A)
        • San Diego Unified Port District v. CCC (Sunroad Marine Partners LP, RPI), Govt. Code § 11126(e)(2)(A)
        • Sunshine Enterprises LP v. Lester et al., Govt. Code § 11126(e)(2)(A)
        • Sunshine Enterprises LP v. CCC, Govt. Code § 11126(e)(2)(A)

              The Commission is authorized to discuss these matters in a closed session pursuant to Government Code § 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code § 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code § 11126(a).

              1.  APPROVAL OF MINUTES     Motion and Vote
              2.  COMMISSIONERS' REPORTS
              3.  CONSERVANCY REPORT
              4.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT
              5.  SANTA MONICA BAY RESTORATION REPORT
              6.  DEPUTY ATTORNEY GENERAL'S REPORT