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Meeting Agenda
November 2019

Oceano Hotel & Spa
280 Capistrano Rd.
Half Moon Bay, CA 94019

 

Wednesday November 13, 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.  Presentation and Discussion

Presentation and discussion on the requirements of the Bagley-Keene Open Meeting Act, the Coastal Act provisions regarding ex parte communications and gift prohibitions, and an update on the Public Records Act after the California Supreme Court decision City of San Jose v. Superior Court. (LW-SF)

7. Executive Director's Report

a.  Executive Director's Report

b. Commission Correspondence

Consideration and potential action on Commission correspondence.

c.  LCP Grant Awards (Round 6)

Public hearing and possible Commission action on recommended grant awards for Round 6 of the Commission's LCP Grant Program. (MC-SF)

          Motion and Vote 

d.  Legislative Report

(JA/SC-SF)

Enforcement

8.  Enforcement Report

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

South Coast District (Orange County)

9.  Administrative Calendar

a. Application No. 5-19-0270 (City of Newport Beach Harbor Resources) CONCURRED

Application of City of Newport Beach Harbor Resources to replace 16' x 10' public floating swim dock and two 12-in. square concrete piles like-for-like offshore of public beach, at 10th St., Newport Beach, Orange County. (MR-LB)

b. Application No. 5-19-0351 (Dohman, Huntington Beach) CONCURRED

Application of Mathew Dohman to construct 85-ft. long, concrete deck cantilevered 5 feet beyond bulkhead with 42-in. high glass railing (constructed of bird-strike prevention glass), along perimeter of deck, at 3531 Courtside Circle, Huntington Beach, Orange County. (MV-LB)

c. Application No. 5-19-0375, (Point Development, Newport Beach) CONCURRED

Application of Point Development for removal of 644 sq.ft. floating dock and replace 584 sq.ft. floating dock. Replace, with like-to-like, existing 3' x 20' gangway, 10' x 14' pier platform and 64 sq.ft. pier approach; and the existing three 14-in. concrete T-Piles and three 14-in. concrete marina guide piles will be re-used, at 1903 E. Bay Ave., Newport Beach, Orange County. (FSY-LB)

10.  Consent Calendar      Motion and Vote

a. Application No. 5-19-0376 (Degelas, Huntington Beach) APPROVED WITH CONDITIONS

Application of Frank & Donna Degelas to demolish deck cantilevered 5 feet beyond bulkhead and construct 67-ft. long, concrete deck cantilevered 4.5 feet beyond bulkhead with glass railing (constructed of bird-strike prevention glass), along perimeter of deck ranging in height between 42-inches and 84-inches, at 3632 Venture Dr., Huntington Beach, Orange County. (MV-LB)

b. Application No. 5-19-0266 (86 Linda Isle, Newport Beach) APPROVED WITH CONDITIONS

Application of Jeffrey Frieden to remove 884 sq.ft. U shaped dock float, 4' x 24' gangway and four 14-in. square concrete marina guide; and install 952 sq.ft. dock float, four 18-in. square concrete guide piles and relocate 4' x 24' gangway, at 86 Linda Isle, Newport Beach, Orange County. (FSY-LB)

South Coast District (Los Angeles County)

11.  CONSENT CALENDAR        Motion and Vote

a. Application No. 5-19-0437 (2632 Lincoln, LLC, Santa Monica) APPROVED WITH CONDITIONS

Application of 2632 Lincoln, LLC to demolish nonconforming structure at rear of existing 2-story office building, and convert 560 sq. feet of garage area to office space at 2632 Lincoln Blvd., Santa Monica, Los Angeles County. (AS-LB)

South Central Coast District

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

13.  Consent Calendar (removed from Regular Calendar)

14. Local Coastal Programs (LCPs)

a.  City of Malibu LCP Amendment No. LCP-4-MAL-18-0083-2 (Public Access Map Update) Certification ReviewCONCURRED

Concurrence with the Executive Director's determination that the action by City of Malibu accepting the Commission's certification with suggested modifications is legally adequate. (CG-V)

South Coast District (Los Angeles County)

15.  Deputy Director's Report For Los Angeles CountyCONCURRED

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.

16.  Consent Calendar (removed from Regular Calendar)      

17. Coastal Permit Applications

a.  Application No. 5-18-0872 (Sunshine Enterprises, Santa Monica) Postponed

Application of Sunshine Enterprises for after-the-fact approval of demolition of 87 low-cost overnight accommodations in 2 separate motels, and construction of single 45- ft. tall 164-room luxury boutique hotel, with 2 restaurants, pool, rental car facility, and low-cost hostel at 1515 Ocean Ave, Santa Monica, Los Angeles County. (AY-LB)

b.  Application No. 5-18-1209 (1602 Loma, LLC, Hermosa Beach) APPROVED WITH CONDITIONS

Application of 1602 Loma, LLC to demolish 2-story triplex, and construct 2 detached 30-ft. high, 3-story, 3,425 and 3,055 sq.ft. condominiums on 4,249 sq.ft. lot, at 1602 Loma Dr., Hermosa Beach, Los Angeles County. (MR-LB)

          Motion and  Vote       Amending Motion and  Vote 

c.   Application No. 5-18-0885 (Mani, Pacific Palisades) APPROVED WITH CONDITIONS

Application of Dilawar & Rana Mani to demolish one-story, 1,585 sq.ft. single-family home and construct 28-ft. high, 2-story, 10,114 sq.ft., single-family home with basement, attached garage, retaining walls, and swimming pool on caisson grade beam foundation, on 11,897 sq.ft. blufftop lot, including approx. 3,000 cu.yds. of grading, at 230 Arno Way, Pacific Palisades, Los Angeles County. (ES-LB)

          Motion and Vote 

d.   Application No. A-5-VEN-19-0018 (Perry Plus One LLC, Venice, Los Angeles) APPROVED WITH CONDITIONS

Application of Perry Plus One LLC for after-the-fact conversion of one-story, 15.8-ft. high, 1,019 sq.ft. duplex to single-family home and construct 315 sq.ft. accessory dwelling unit above 315 sq.ft. garage, at 812-814 Amoroso Pl., Venice, Los Angeles County. (ES-LB)

          Motion and Vote 

e.   Application No. 5-19-0097 (City of Long Beach Junior Lifeguard Buildings) APPROVED WITH CONDITIONS

Application of City of Long Beach to demolish 2-story, approx. 665 sq.ft. junior lifeguard building and associated utilities on beach at 55th Place and construct one-story, approx. 960 sq.ft., junior lifeguard building with second level viewing deck and associated utility extensions, seasonal shade structure, and permanent bike racks on beach at Claremont Place, Long Beach, Los Angeles County. (DZ-LB)

          Motion and Vote 

f.  Application No. 5-19-0178 (Russell No 8 Santa Monica Properties, Santa Monica) APPROVED WITH CONDITIONS

Application of Russell No 8 Santa Monica Properties to repair and remodel 7,644 sq.ft., 2-story building for use as commercial retail, at 1605 Ocean Front Walk, Santa Monica, Los Angeles County. (AY-LB)

          Motion and Vote 

South Coast District (Orange County)

18.  Deputy Director's Report for Orange CountyCONCURRED

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.

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

20. Local Coastal Programs (LCPs)

a.  City of Laguna Beach LCP Amendment No. LCP-5-LGB-19-0139-1 (Time Extension)Approved

Public hearing and action to extend the 60-day limit for Commission action for up to one year on request by the City of Laguna Beach to amend its certified Implementation Plan to modify parking requirements. (MV-LB)

          Motion and Vote 

21. New Appeals

a.  Appeal No. A-5-LGB-19-0186 (Last, Laguna Beach)

(Please note that the hearing date for this item has changed, and the item will now be heard on Friday November 15, 2019 - see Friday Agenda Item F9a.)

b.  Appeal No. A-5-LGB-19-0193 (32007 Coast Highway, LLC, Laguna Beach)

(Please note that the hearing date for this item has changed, and the item will now be heard on Friday November 15, 2019 - see Friday Agenda Item F9b.)

c.  Appeal No. A-5-LGB-19-0194 (Hugo Soria & Co., Designer, Laguna Beach) Withdrawn

Appeal by Mark and Sharon Fudge of decision of City of Laguna Beach granting permit to Hugo Soria & Co. Designer for improvements to single-family home on oceanfront property, including replacing exterior windows and doors; repairing oceanfront middle level deck in-kind; installing glass deck railings; re-tiling bathroom and powder room; installing new wrought iron fence on top of existing north property line retaining wall; and installing new gate at lower level patio/stairs, at 865 So. Coast Highway, Laguna Beach, Orange County. (DN-SF)

d.  Appeal No. A-5-NPB-19-0197 (Guidero, Newport Beach) NO SUBSTANTIAL ISSUE FOUND

Appeal by Charles Klobe of decision of City of Newport Beach granting permit with conditions to William Guidero for demolition of duplex and construction of 3,447 sq.ft. single-family home with 626 sq.ft. 2-car garage, at 1808 Oceanfront, Newport Beach, Orange County. (AY-LB)

          Motion and  Vote 

22. Coastal Permit Applications

a.  Application No. 5-19-0105 (Susan A Frank Living Trust, Newport Beach) APPROVED WITH CONDITIONS

Application of Susan A Frank Living Trust to remove and replace pier, pier platform, gangway and boat dock float. Also proposed is after-the-fact approval of concrete deck that cantilevers over existing bulkhead, at 113 Bayside Place, Newport Beach, Orange County. (MV-LB)

b.  Application No. 5-19-0374 (Kaberna, Newport Beach) APPROVED WITH CONDITIONS

Application of Kevin Kaberna to remove 430 sq.ft. dock float, 3' x 20' gangway, 10' x 14' pier platform, 8' x 4' pier approach, three 18-in. square concrete marina guide piles and two 14-in. concrete T piles; and install 518.5 sq.ft. dock float, 3' x 24' gangway, 10' x 14' pier platform, 4' x 4' pier approach, three 18-in. square concrete marina guide piles and two 14-in. concrete T piles, at 1012 W. Bay Avenue, Newport Beach, Orange County. (FSY-LB)

North Central Coast District

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 San Francisco office at (415) 904-5260.

24. Consent Calendar (removed from Regular Calendar)

25. Coastal Permit Applications

a.  Application No. 2-17-0438 (AMJT Capital and BPUD, Bolinas, Marin Co.) Postponed

Application by AMJT Capital, LLC and Bolinas Public Utilities District to redevelop and expand approx. 171' x 16' x 13' seawall, associated fronting revetment, and connecting public access stairways, on the beach and bluffs fronting a single-family home, at 100 Brighton Ave. in unincorporated community of Bolinas, Marin County. (SP-SF)

b.  Application No. 2-19-0295 (San Francisco RV Resort, Pacifica) Withdrawn

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

c.  Application No. 2-19-0586 (Pacifica State Beach Parking Fee Program, Pacifica)Postponed

Application of City of Pacifica to re-authorize parking fee program at north and south parking lots of Pacifica State Beach in Pacifica, San Mateo County. (AB-SF)

26. Revised Findings

a.  Application No. 2-16-0784 (2 Mirada Ownership Group & Casa Mira Homeowner's Association, Half Moon Bay) APPROVED

Consideration of findings related to the Commission's July 11, 2019 action approving with conditions portion of request of 2 Mirada Ownership Group and Casa Mira Homeowner's Association to construct tied-back concrete seawall with public access staircase fronting residential development near where Mirada Road intersects shoreline at bridge over Arroyo de en Medio in Half Moon Bay, San Mateo County. (SR/JM-SF)

          Motion and Vote 

27. DISPUTE RESOLUTION

a.  Dispute Resolution No. 2-19-1004-EDD (Ralston, El Granada, San Mateo Co.) ED Upheld

Public hearing and Commission determination on dispute over coastal permit processing (pursuant to California Code of Regulations, Title 14, Section 13569) for construction of new roughly 2,600 sq.ft. home, along with detached garage and second unit and related residential development, at end of Hermosa Ave. in unincorporated community of El Granada, San Mateo County. (EM-SF)

          Motion and Vote 

Central Coast District

28.  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.

29.  Consent Calendar (removed from Regular Calendar)

          Motion and Vote 

30. Local Coastal Programs (LCPs)

a.  City of Santa Cruz LCP Amendment No. LCP-3-STC-19-0104-1-Part B (Archeology Map Update)CONCURRED

Concurrence with the Executive Director's determination that the request by City of Santa Cruz to update the LCP Land Use Plan's archeology map is minor. (RM-SC)

b.  City of Pacific Grove LCP Certification No. LCP-3-PGR-18-0093-1

(Please note that the hearing date for the Pacific Grove LCP item has changed, and the item will now be heard on Friday November 15, 2019 as Friday Agenda Item F8a.)

31. NOTICE OF IMPENDING DEVELOPMENT/LONG RANGE DEVELOPMENT PLAN

a.  SCZ-NOID-0004-19 (McAllister Way and “Overlook B” Drainage and ADA Improvements, UCSC Marine Science Campus, Santa Cruz)APPROVED WITH CONDITIONS

Public hearing and action on NOID by UCSC pursuant to the certified Long Range Development Plan to implement ADA and drainage improvements at the end of McAllister Way and on the “Overlook B” (Terrace Point proper) portion of UCSC's Marine Science Campus at UCSC's Marine Science Campus at Terrace Point, Santa Cruz, Santa Cruz County. (RM-SC)

32. New Appeals

  Items W32a-c, below will share a combined staff report and combined hearing

a. Appeal No. A-3-MCO-19-0039 (Emerson Development Group, Inc., Carmel) De Novo Hearings Postponed

Appeal by Save Carmel Point Cultural Resources of Monterey County decision granting permit with conditions to Emerson Development Group, Inc. for construction of 3,834 sq.ft. single-family home with 1,366 sq.ft. basement on existing vacant parcel at 26307 Isabella Ave. within Carmel Point planning area (just south of City of Carmel) of unincorporated Monterey County. (MW-SC)

b. Appeal No. A-3-MCO-19-0041 (Emerson Development Group, Inc., Carmel) De Novo Hearings Postponed

Appeal by Save Carmel Point Cultural Resources of Monterey County decision granting permit with conditions to Emerson Development Group, Inc. for construction of a 2,725 sq.ft. single-family home with 1,687 sq.ft. basement and after-the-fact relocation of 15” diameter Coast live oak tree on existing vacant parcel at 26338 Valley View Ave. within Carmel Point planning area (just south of City of Carmel) of unincorporated Monterey County. (MW-SC)

c. Appeal No. A-3-MCO-19-0042 (Emerson Development Group, Inc., Carmel)De Novo Hearings Postponed

Appeal by Save Carmel Point Cultural Resources of Monterey County decision granting permit with conditions to Emerson Development Group, Inc. for construction of 3,468 sq.ft. single-family home with 2,413 sq.ft. basement on existing vacant parcel at 26346 Valley View Ave. within Carmel Point planning area (just south of City of Carmel) of unincorporated Monterey County. (MW-SC)

d.  Appeal No. A-3-SLO-19-0195 (Swift, Cambria, San Luis Obispo Co.) Both SI and De Novo Hearing Postponed

Appeal by Commissioners Escalante and Rice of San Luis Obispo County decision granting permit to John Swift for construction of 2,944 sq.ft., 2-story single-family home with attached 524 sq.ft. garage, and associated grading and landscaping improvements on 7,780 sq.ft. vacant parcel in the unincorporated community of Cambria in San Luis Obispo County. (BO-SC)

e.  Appeal No. A-3-SLO-19-0199 (Hadian, Cambria, San Luis Obispo Co.) DENIED

Appeal by Commissioners Escalante and Rice of San Luis Obispo County decision granting permit to Alireza Hadian for construction of 4,000 sq.ft., 2-story single-family home and detached 1,000 sq.ft. garage and 750 sq.ft. workshop on 2.94 ac. vacant parcel in unincorporated community of Cambria in San Luis Obispo County. (BO-SC)

          Motion and Vote 

33. Coastal Permit Applications

a.  Application No. 3-11-0270-A2 (City of Santa Cruz Beach Management Plan) Postponed

Application of City of Santa Cruz to authorize City's Beach Management Plan at Cowell and Main Beaches for an additional 5 years, and to amend the Plan to provide additional management measure flexibility (subject to oversight), to remove seasonal Seaside Company picnic deck, and to extend nighttime curfew at Cowell Beach (that applies from midnight to one hour before sunrise) to also include Main Beach, at Cowell and Main Beaches between San Lorenzo Point and Collins Cove in the City of Santa Cruz, Santa Cruz County. (RM-SC)

b.  Application No. 3-19-0344 (Santa Cruz County Public Works, Santa Cruz Co.) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Application of Santa Cruz County Public Works Department to implement seasonal manual breaching program for flood control purposes at Pajaro River mouth between Sunset and Zmudowski State Beaches, Santa Cruz County. (RG-SC)

34. PERMIT EXTENSION

a.  Permit No. 3-08-013-E3 and -E4 (Ocean View Plaza, Monterey) DENIED

Request to extend (to August 7, 2020) previously approved permit (approved August 7, 2008) for mixed use project including retail and retail support; restaurant space; 38 market-rate condominiums, 13 affordable housing units; 377 parking spaces in garages; onsite desalination plant; replication of San Xavier Warehouse; community park; rehabilitation of historic Stohan's building as history center; history plaza; and replication of historic utility bridge over Cannery Row (connecting inland and shoreline components of the project) along both inland and seaward sides of Cannery Row, at 457, 465, 470, 484, 565, 570 Cannery Row between Hoffman Street to the north, Monterey Bay to the east, Drake Street to the south, and Monterey Peninsula Recreation Trail to the west, in Monterey, Monterey County. (SC-SC)

          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:

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

Casa Blanca Beach Estates Owners' Association v. County of Santa Barbara et al., Govt. Code § 11126(e)(2)(A)

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

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

Friends of Oceano Dunes et al. v. CCC et al., Govt. Code § 11126(e)(2)(A)

Fudge 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)

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

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

Venice Stakeholders Assoc. v. City of Los Angeles 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

35.  Approval of MinutesAPPROVED

           Motion and Vote 

36.  Commissioners' Reports

37.  Conservancy Report

38.  Santa Monica Mountains Conservancy Report

39.  Santa Monica Bay Restoration Report

  40.  Deputy Attorney General's Report