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Meeting Agenda
December 2019

King Gillette Ranch
26800 Mulholland Highway
Calabasas, CA 91302


Thursday December 12, 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.  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)

South Coast District (Orange County)

6.  Administrative Calendar

a. Application No. 5-18-0988 (Ocean Institute and California Department of Fish & Wildlife, Dana Point) CONCURRED

Application of Ocean Institute and California Dept. of Fish & Wildlife for after-the-fact approval of installation, and operation and maintenance of 15.9 ft. x 7.5 ft., 5.5 ft. deep, partially submerged white sea bass growout pen as part of Ocean Resources Enhancement and Hatchery Program in Dana Point Harbor adjacent to 24200 Dana Point Harbor Dr., Dana Point, Orange County. (DZ-LB)

b. Application No. 5-19-0269 (City of Newport Beach Marina Piling Repairs) CONCURRED

Application of City of Newport Beach to remove two 12-in. square concrete guide piles and install 10 x 16(160 sq. feet) public floating swim dock and two 12-in. square concrete marina guide piles, at Ruby Ave. street end, Newport Beach, Orange County. (FSY-LB)

c. Application No. 5-19-0570 (Huberman, Newport Beach) CONCURRED

Application of Bernie Huberman to remove 400 sq.ft. dock float, 3 x 18 gangway, 12 x 12 pier platform, 5 x 12 pier approach, three 14-in. square concrete marina guide piles and four 12-in. square concrete marina guide piles; and install 467 sq.ft. dock float, 3 x 24 gangway, 10 x 14 pier platform, 4 x 4 pier approach, three 14-in. square concrete marina guide piles and two 14-in. concrete T piles, at 808 Via Lido Nord, Newport Beach, Orange County. (FSY-LB)

7.  Consent Calendar      Motion and Vote

a. Application No. 5-19-0990 (Schmit, Huntington Beach) APPROVED WITH CONDITIONS

Application of William & Michelle Schmit to remove and replace 480 sq.ft. single finger boat dock float with 676 sq.ft., U-shaped boat dock float. Two existing 16 diameter concrete piles will be retained and re-used in same location, and one new 16 diameter concrete pile is proposed. The 3 x 18 gangway will be retained and re-used; at 16841 Bolero Lane, Huntington Beach, Orange County. (MV-LB)

b.  Application No. 5-19-1090 (California State Parks Crystal Cove Habitat Restoration, Laguna Beach) APPROVED WITH CONDITIONS

Application of California State Parks for habitat creation of eight 50-ft. diameter seasonal pools for Western spadefoot toads totaling approx. 9,800 sq. feet, and habitat restoration of 7-10 acres of adjacent upland coastal sage scrub and cactus scrub habitat for coastal cactus wren along Morro Ridge within Crystal Cove State Park in Orange County. (MR-LB)

c. 5-19-0866 (Panic FamilyTrust, Newport Beach) APPROVED WITH CONDITIONS

Application of Panic Family Trust to repair existing bulkhead including installation of eight new, 36 diameter concrete caissons and tiebacks connecting to proposed caissons; construction of new, 10-in. thick, cast-in-place, concrete stemwall atop bulkhead, raising top of existing bulkhead to +10.60 NAVD88; and, sealing panel joints at bayward face of bulkhead; construction of new pool, spa, outdoor fireplace and related patio development is also proposed; at 2104 East Balboa Blvd., Newport Beach, Orange County. (MV-LB)


8.  Enforcement Report

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

South Coast District (Los Angeles County)

9.  Consent Calendar (removed from Regular Calendar)

10. Coastal Permit Applications

a.  Application No. 5-18-0872 (Sunshine Enterprises, Santa Monica) APPROVED WITH CONDITIONS

Application of Sunshine Enterprises for after-the-fact approval of demolition of 87 low-cost overnight accommodations in two separate motels, and construction of single 45-ft. tall 164-room luxury boutique hotel, with two restaurants, pool, rental car facility, and low-cost hostel at 1515 Ocean Ave. and 1530 2nd St., Santa Monica, Los Angeles County. (AY-LB)

          Motion and  Vote 

South Coast District (Orange County)

11.  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.

12.  Consent Calendar (removed from Regular Calendar)

13. Local Coastal Programs (LCPs)

a.  City of Laguna Beach LCP Amendment No. 1-19 (LCP-5-LGB-19-0074-1 Short-term Lodgings/Rentals)Postponed

Public hearing and action on request by the City of Laguna Beach to amend the Implementation Plan (IP) portion of the certified Local Coastal Program (LCP) by making changes Chapters 25.23 Short-Term Lodging, 25.10 R-1 Residential Low Density Zone, 25.12 R-2 Residential Medium Density Zone, 25.14 R-3 Residential High Density Zone, and 25.43 Village Community Zone. Laguna Beach, Orange County. (MA-LB)

b.  City of Newport Beach LCP Amendment No. 2-19 (LCP-5-NPB-19-0151-2 Transfer of Development Rights). Time ExtensionApproved

Public hearing and action to extend the 90-day limit for Commission action for up to one year on the request by the City of Newport Beach to amend both the Land Use Plan (LUP) and Implementation Plan (IP) portions of the certified Local Coastal Program (LCP) to add a new policy and procedures for the transfer of development rights, Newport Beach, Orange County. (LR-LB)

          Motion and Vote 

14. New Appeals

a.  Appeal No. A-5-NPB-19-0204 (2010 Bethel Family Trust and Stephen John Ridge and Shelley Marie Ridge AB Living Trust, Newport Beach) SUBSTANTIAL ISSUE FOUND, de Novo Hearing CONTINUED

Appeal by Commissioners Brownsey and Hart decision of City of Newport Beach granting permit with conditions to 2010 Bethel Family Trust and Stephen John and Shelley Marie Ridge AB Living Trust for subdivision of approx. 6,300 sq.ft. parcel into 2 separate parcels, and demolition of 4-unit residential structure, at 361-365 Via Lido Soud, Newport Beach, Orange County. (AY-LB)

b.  Appeal No. A-5-DPT-19-0211 (Global Resorts, Inc., Lantern Point, Dana Point)SUBSTANTIAL ISSUE FOUND, de Novo Hearing CONTINUED

Appeal by Commissioners Brownsey and Hart, and Concerned Residents of Dana Point, c/o Tyler Hee, of decision by City of Dana Point granting permit with conditions to Global Resorts, Inc. for lot merger and construction of 6-level plus roof deck, 47,988 sq.ft., 51-room hotel with 25% on-site low-cost overnight accommodations, including 20,065 sq.ft. 61-space subterranean parking garage, approx. 8,600 cu.yds. of grading, and public blufftop trail improvements on vacant 17,737 sq.ft. coastal bluff lot, at 34482 Green Lantern, Dana Point, Orange County. (SV-LB)

15. Coastal Permit Applications

a.  Application No. 5-19-0909 (Sanson, Laguna Beach) Postponed

Application of Jacqueline Sanson for after-the-fact approval of lot line adjustment to add approx. 7,200 sq. feet of undeveloped open space from 149-ac. parcel known to contain sensitive habitat to existing 7,150-sq.ft. parcel developed with single-family home, as well as ancillary structures and landscaping within 7,200 sq.ft. open space at 791 Barracuda Way and adjacent parcel (APN# 056-240-67 and 056-240-68 (formerly 656-191-23 and 56-241-55), Laguna Beach, Orange County. (MA-LB)

b.  Application No. A-5-NPB-18-0006 (Nicholson Construction, Newport Beach) WITHDRAWN

Application of Nicholson Construction to demolish 3-level, 2,260 sq.ft. single-family home, and construct 4-level, 4,500 sq.ft. (approx.) single-family home with rooftop deck and 3-car garage, at 2607 Ocean Blvd., Newport Beach, Orange County. (FSY-LB)

          Motion and Vote        

c.  Application No. 5-18-1090 (Newport Mesa Unified School District, Newport Beach) APPROVED WITH CONDITIONS

Application of Newport Mesa Unified School District to remove 2,046 linear feet of unpermitted chain-link fencing, associated posts and concrete footings. Enhancement of on-site habitat through invasive vegetation removal and hydroseeding of native vegetation is also proposed in Newport Beach, Orange County. (MR-LB)

          Motion and Vote 

d.  Application No. 5-19-0288 (OC Parks Niguel Shores Revetment, Dana Point) Postponed

Application of OC Parks to remove 1,250 linear feet of existing rock revetment and construct 1,250 linear ft. rock revetment, public access walkway, structural sea wall/wave deflector, 4 new public stairways, and drainage improvements, at Strand Beach, Dana Point, Orange County. (ES-LB)

16. Revised Findings

a.  Application No. 5-18-0930 (Graham Property Management, LLC, San Clemente) APPROVED

Consideration of findings in support for Commission's June 7, 2019 decision to deny permit request by Graham Property Management, for construction of 3-story, 25-ft. tall (above natural grade), 5,430 sq.ft. single-family home, 1,429 sq.ft. 4-car garage, 2,377 sq.ft. terrace/deck area, grading and stabilization of building pad area, retaining wall/fire protection privacy barrier wall surrounding development, new cul-de-sac bulb and driveway, installation of new fire hydrant at cul-de-sac, drainage improvements and connection to storm drain system, new landscaping and restoration of native vegetation on vacant 34,784 sq.ft. coastal canyon lot at 217 Vista Marina, San Clemente, Orange County. (LR-LB) 
 Motion and Vote