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Meeting Agenda
September 2019

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

Wednesday September 11, 2019, 9:00am

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.  Public Education Grant Program

Public hearing and Commission action on proposed awarding of targeted WHALE TAIL grants. (AF-SF)

          Motion and Vote 

d.  Legislative Report

Discussion and possible action on coastal-related legislation. (JA/SC-SF)

          Motion and Vote 

South Coast District (Orange County)

7.  Administrative Calendar

a. Application No. 5-18-0889 (Sikand & Vail, Newport Beach) CONCURRED

Application of Mark Sikand & Mike Vail to remove existing 833 sq.ft. dock system and install 808 sq.ft. dock system, and remove two-14-in. square concrete T piles, at 304 and 306 S. Bayfront, Newport Beach, Orange County. (FSY-LB)

b. Application No. 5-19-0052 (Yamamoto, et al., Huntington Beach) CONCURRED

Application of Yamamoto, et al., to replace 6 slip boat dock float with new 6 slip boat dock float associated with adjacent residences, at 16331 & 16335 Niantic Circle, 3933, 3943 & 3953 Mistral Dr., 16386 Maruffa Circle, Huntington Beach, Orange County. (MV-LB)

c.  Application No. 5-19-0351 (Dohman, Huntington Beach) Postponed

Application of Mathew Dohman to construct 50-ft. long concrete deck cantilevered 5 feet beyond bulkhead with 42-in. high glass railing along perimeter of deck. The glass railing will be constructed of bird strike prevention glass (Ornilux bird protection glass), at 3531 Courtside Circle, Huntington Beach, Orange County. (MV-LB)

d. Application No. 5-19-0372, Upshall, Newport Beach) CONCURRED

Application of William Scott Upshall to remove existing 169 sq.ft. floating dock, 3’ x 24’ gangway and two 14-in. square concrete marina guide piles and replace with 128 sq.ft. floating dock, 3’ x 24’gangway and two 14-inch square concrete marina guide piles, at 3803 Marcus Ave., Newport Beach, Orange County. (FSY-LB)

e.  Application No. 5-19-0376 (Degelas, Huntington Beach) Postponed

Application of Frank & Donna Degelas to demolish existing deck cantilevered 5-feet beyond bulkhead and construct 76-ft. long, concrete deck cantilevered 5 feet beyond bulkhead with glass railing along perimeter of deck ranging in height between 42-in. and 84-in. The glass railing will be etched, frosted, or partially frosted, or clear glass with UV-reflective glazing visible to birds, at 3632 Venture Dr., Huntington Beach, Orange County. (MV-LB)

North Central Coast District

8.  Deputy Director's ReportCONCURRED

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.

9. Consent Calendar (removed from Regular Calendar) 

10. Coastal Permit Applications

a.  Application No. 2-19-0295 (San Francisco RV Resort, Pacifica) Postponed

Application of San Francisco RV Resort to authorize 850-ft. long riprap revetment fronting property and re-establish lateral public access with various amenities at 700 Palmetto Ave., in Pacifica, San Mateo County. (SR/JKN-SF)

Central Coast District

11.  Deputy Director's ReportCONCURRED

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.  City of Pacific Grove LCP Certification No. LCP-3-PGR-18-0093-1 (Pacific Grove LCP). Time Extension.Approved

Public hearing and action on extension of time limit to act on request by the City of Pacific Grove to update the LCP Land Use Plan and to certify a new Implementation Plan for the first time (for a complete LCP). (BO-SC)

          Motion and Vote 

b.  City of Grover Beach LCP Amendment No. LCP-3-GRB-19-0012-2 (Short-Term Rentals)APPROVED AS SUBMITTED

Public hearing and action on request by the City of Grover Beach to establish regulations for the operation of short-term rentals in the City’s residential and commercial zoning districts. (KB-SC)

          Motion and Vote  

c.  Santa Cruz County LCP Amendment No. LCP-3-SCO-19-0102-1-Part A (Seascape Beach Estates)CONCURRED

Concurrence with the Executive Director’s determination that the request by Santa Cruz County to add the Seascape Beach Estates Combining Zone District to the LCP is de minimis. (RG-SC)

d.  Santa Cruz County LCP Amendment No. LCP-3-SCO-19-0102-1-Part B (Cannabis Regulations)CONCURRED

Concurrence with the Executive Director’s determination that the request by Santa Cruz County to modify the LCP’s regulations governing non-retail commercial cannabis activities is minor. (RG-SC)

e.  City of Santa Cruz LCP Amendment No. LCP-3-STC-19-0104-1-Part A (Density Bonus)CONCURRED

Concurrence with the Executive Director’s determination that the request by the City of Santa Cruz to modify the LCP to allow for affordable housing density bonuses is de minimis. (RM-SC)

14. New Appeals

a.  Appeal No. A-3-SLO-19-0033 (Peoples’ Self-Help Affordable Housing, Cambria, San Luis Obispo Co.) SUBSTANTIAL ISSUE FOUND, de Novo Hearing CONTINUED

Appeal by Mary Webb, Christine Heinrichs, and Leslie Richards of San Luis Obispo County decision granting permit with conditions to Peoples’ Self-Help Housing for construction of 33-unit affordable housing apartment complex, common building, 61-space parking lot, and associated improvements on an undeveloped lot at 2845 Schoolhouse Lane in the unincorporated Cambria community in San Luis Obispo County. (BO-SC)

b.  Appeal No. A-3-SCO-19-0157 (Land Trust of Santa Cruz County San Vicente Redwoods Access Improvements, Santa Cruz Co.) NO SUBSTANTIAL ISSUE FOUND

Appeal by Jacob Pollock of Santa Cruz County decision granting permit with conditions to Land Trust of Santa Cruz County for construction of public parking lot, restrooms, and trail system, and to implement public access management plan overseeing same, within the Land Trust’s San Vicente Redwoods property in the unincorporated Bonny Doon area of northern Santa Cruz County. (RG-SC)

          Motion and Vote 

15. Coastal Permit Application

a.  Application No. 3-19-0617 (Chevron Environmental Management Company and Cayucos Sanitary District Cayucos Sustainable Water Project, Cayucos/Morro Bay) APPROVED WITH CONDITIONS

Application of Chevron Environmental Management Co. and Cayucos Sanitary District to connect new wastewater effluent pipeline (from the Sanitary District’s Sustainable Water Project) into existing vault on Chevron’s Estero Marine Terminal property, inspect and clean 2 existing offshore pipelines, repurpose one of pipelines for use as treated wastewater effluent outfall, and adjust lot lines to create 4 new public lots near Chevron’s Estero Marine Terminal at 4000 Highway 1 spanning the unincorporated Cayucos area and Morro Bay in San Luis Obispo County. (KH-SF/BO-SC)

          Motion and Vote 

San Diego Coast District

16.  Deputy Director's ReportCONCURRED

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.

17.  Consent Calendar (removed from Regular Calendar)

18. Local Coastal Programs (LCPs)

a.  City of Oceanside LCP Amendment No. LCP-6-OCN-19-0053-1 (Building Height Exceptions)APPROVED AS SUBMITTED

Public hearing and action on request by the City of Oceanside to amend its certified Implementation Plan to update the regulations for certain exceptions to maximum building heights. (TR-SD)

          Motion and Vote 

b.  City of Oceanside LCP Amendment No. LCP-6-OCN-19-0054-1 (Affordable Housing Update)APPROVED AS SUBMITTED

Public hearing and action on request by the City of Oceanside to amend its certified Implementation Plan to provide updated regulations for affordable housing consistent with state housing law. (TR-SD)

          Motion and Vote 

c.  City of Oceanside LCP Amendment No. LCP-6-OCN-19-0108-2 (Short Term Rentals) Time ExtensionApproved

Public hearing and action to extend the 60-day limit for Commission action for up to one year on request by the City of Oceanside to amend its certified Implementation Plan to add regulations for short term rentals. (TR-SD)

          Motion and Vote  

d.  City of Encinitas LCP Amendment No. LCP-6-ENC-19-0013-1 (Emergency Shelters)APPROVED WITH MODIFICATIONS

Public hearing and action on request by the City of Encinitas to amend its certified Implementation Plan to revise regulations for emergency shelters in order to comply with state housing law. (SL-SD)

          Motion and Vote      Motion and Vote 

e.  City of Encinitas LCP Amendment No. LCP-6-ENC-19-0014-1 (Housing Element Update 2013-2021) Certification ReviewCONCURRED

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

f.  City of San Diego LCP Amendment No. LCP-6-SAN-18-0049-1 (Vernal Pool Habitat Conservation Plan)APPROVED AS SUBMITTED

Public hearing and action on request by City of San Diego to amend the certified Land Development Code (IP) to adopt revisions related to the Vernal Pool Habitat Conservation Plan implementation. (AL-SD)

19. New Appeals

a.  Appeal No. A-6-ENC-19-0032 (DCM Properties, Inc., Encinitas) SUBSTANTIAL ISSUE FOUND, de Novo Hearing CONTINUED

Appeal by Dolores Welty and Fred Sandquist (Batiquitos Lagoon Foundation) from decision of City of Encinitas granting permit with conditions to DCM Properties, Inc. for demolition of former greenhouses and associated structures on site and subdivide 3 existing lots into 48 residential lots (with 4 lots dedicated for 4 affordable dwellings) with 2 existing residential units to remain on 13.94 acre lot, at 510 La Costa Ave., Encinitas, San Diego County. (DD-SD)

20. Coastal Permit Applications

a.  Application No. 6-19-0212 (University of California San Diego (UCSD), San Diego) APPROVED WITH CONDITIONS

Application of UCSD to demolish existing parking lot and construct 191,500 sq.ft., 4-story engineering facility with basement on Lot P502 at Voigt Dr., La Jolla, San Diego, San Diego County. (ML-SD)

          Motion and Vote  

21. Revised Findings

a.  Application No. 6-18-0288 (DeSimone, Schrager, & Jokipii, Solana Beach) APPROVED

Consideration of findings for Commission’s action on March 7, 2019, approving permit with conditions to construct 100-ft. long, 35-ft. high seawall, 100-ft. wide, 50-ft. high geogrid structure at public beach and bluff fronting 235 and 241 Pacific Ave., Solana Beach, San Diego County. (ES-LB)

          Motion and Vote  

Enforcement

22.  Enforcement Report

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

South Coast District (Orange County)

23.  Deputy Director's ReportCONCURRED

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.

24.  Consent Calendar (removed from Regular Calendar)

          Motion and Vote 

25. New Appeals

a.  Appeal No. A-5-LGB-17-0049 (Laguna Lido Condo, Laguna Beach) SUBSTANTIAL ISSUE FOUND, de Novo Hearing CONTINUED

Appeal by Mark Fudge of City of Laguna Beach decision granting permit with conditions to Laguna Lido Condo for elevated deck additions (totaling approx. 4,928 square feet) on seaward side of 48-unit condominium on ocean-fronting bluff property, at 31755 Coast Highway, Laguna Beach, Orange County. (MA-LB)

b.  Appeal No. A-5-LGB-19-0159 (HCI Systems, Laguna Beach) SUBSTANTIAL ISSUE FOUND, de Novo Hearing CONTINUED

Appeal by Mark & Sharon Fudge of City of Laguna Beach decision granting permit with conditions to HCI Systems (Attn: Hany Dimitry) for construction of new 5,593 sq.ft. single-family home on ocean-fronting, bluff property, at 31987 Coast Highway, Laguna Beach, Orange County. (MA-LB)

c.  Appeal No. A-5-DPT-18-0046 (Cannon’s Restaurant, Dana Point) SUBSTANTIAL ISSUE FOUND, de Novo Hearing CONTINUED

Appeal by Commissioners Brownsey and Aminzadeh of City of Dana Point decision granting permit with conditions to Cannon’s Restaurant for demolition of restaurant and construction of 100-room resort hotel, with restaurant, café, spa, and associated parking facilities on coastal bluff lot overlooking Dana Point Harbor, at 34344 Green Lantern, Dana Point, Orange County. (FSY-LB)

26. Coastal Permit Applications

a.  Application No. 5-19-0024 (Argent LLC, Newport Beach) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Application of Argent LLC to demolish 60-ft. long wood bulkhead/seawall and construct new 22-ft. tall (6-ft. of seawall visible above dredge/mudline) precast concrete panel seawall with concrete coping at elevation +9.74 MLLW in same alignment as existing seawall; hardscape improvements including new pool; and a lot merger at 1601 E. Bay Ave., Newport Beach, Orange County. (LR-LB)

b.  Application No. 5-19-0580 (Orange County Transportation Authority (OCTA), Laguna Beach) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Application of OCTA for approval of Habitat Restoration Plan including 1) closure of unauthorized 843 linear foot trail segment and restoration of 0.55 acres of disturbed area associated unauthorized trail modifications; 2) removal of invasive plants on 3.86 acres of Preserve; 3) repair of 1,114 linear feet of existing fence line; 4) installation of signage and 3 monitoring cameras; and 5) 5-year authorization period for ongoing restoration of unauthorized trail modifications at Pacific Horizon Preserve at Northwest edge adjacent to Barracuda Way & Loretta Drive; Southeast edge adjacent to The Ranch at Laguna Beach, Laguna Beach, Orange County. (LR-LB)

c.  Application No. 5-18-0327 (Fetterly, San Clemente) WITHDRAWN

Application of William and Geralynn Fetterly to replace legally non-conforming 765 sq.ft. wood deck raised on piers on coastal bluff-top lot at 2006 Calle de los Alamos, San Clemente, Orange County. (LR-LB)

d.  Application No. 5-19-0225 (California Department of Parks and Recreation, Dana Point) Postponed

Application of CA Dept. of Parks and Recreation for relining or replacement of approx. 6,500 linear ft. of existing sewer lines within Doheny State Beach Park. Includes temporary trenching, phased closure of day use area during construction and complete closure of campground from November 15, 2019 through April 1, 2020, demolition and replacement of vegetation outside bird breeding season (February 15 to September 1), construction of approx. 6-ft. high, 36 sq.ft. maintenance yard lift station, rehabilitation and installation of manholes, and system monitoring at Doheny State Beach Park, Dana Point, Orange County. (DZ-LB)

e.  Application No. 5-19-0213 (City of Newport Beach Big Canyon Habitat Restoration and Adaptation Project) APPROVED WITH CONDITIONS

Application of City of Newport Beach for Phase 2A of Big Canyon Coastal Habitat Restoration and Adaptation Project, consisting of 11.3 acres of riparian habitat restoration including removal of non-native vegetation, approx. 5,500 cu.yds. of grading, creek bank stabilization, replanting of native vegetation, and floodplain restoration in Newport Beach, Orange County. (MR-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:

Casa Mira Homeowners Association v. CCC, Govt. Code § 11126(e)(2)(A)

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

Fudge v. CCC (Dmitry, RPI), Govt. Code § 11126(e)(2)(A)

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

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

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

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

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

San Diego Navy Broadway Complex Coalition v. CCC (San Diego Unified Port District, RPI), Govt. Code § 11126(e)(2)(A)

Sierra Club v. CCC (Mulryan et al., RPIs), 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)

Union of Medical Marijuana Patients, Inc. v. City of San Diego (CCC, RPI), 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 MinutesAPPROVED

          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