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Meeting Agenda
July 2019

Embassy Suites Hotel
333 Madonna Road
San Luis Obispo, CA 93405

Wednesday July 10, 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. Legislative Report

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

d. Filing Fees Increase

Schedule of filing fees will be adjusted for inflation effective July 1, 2019. For informational purposes only. No Commission action necessary. (JA/SH-SF)

e. 2020 Schedule of Meeting Dates and Locations

For discussion and possible action. (JA/VM-SF)

South Coast District (Los Angeles County)

7. Administrative Calendar

a. Application No. 5-18-1148 (Citrin, Santa Monica) CONCURRED

Application of Josiah Citrin to convert unpermitted office back to restaurant use, interior improvements, and after-the-fact approval of 136 sq.ft. addition and 249 sq.ft. covered patio at rear of property at 2428 Main St., Santa Monica, Los Angeles County. (AY-LB)

b. Application No. 5-19-0134 (Bennett, Long Beach) CONCURRED

Application of Tom and Donna Bennett for like-for-like replacement of existing 1204 sq.ft. dock float of same size and configuration, to be assembled offsite and floated onsite at 395 Bay Shore Ave., Long Beach, Los Angeles County. (AY-LB)

c. Application No. 5-19-0135 (Ives, Long Beach) CONCURRED

Application of Keith Ives for like-for-like replacement of existing 313 sq.ft. dock float of same size and configuration, to be assembled offsite and floated onsite at 5661 E. Sorrento Dr., Long Beach, Los Angeles County. (AY-LB)

South Central Coast District

8. Consent Calendar

a. University of California Santa Barbara Notice of Impending Development No. UCS-NOID-0001-19 (Buildings 356, 357, & 359 Demolition)APPROVED WITH CONDITIONS

Public hearing and action on Notice of Impending Development by the University of California Santa Barbara for demolition and removal of three single-story wood frame buildings (Buildings 356, 357 and 359) that total approx. 5,336 sq.ft. located on the West Campus at the University of California Santa Barbara, Santa Barbara County. (DV-V)

San Diego Coast District

9. Consent Calendar

a. Application No. 6-19-0191 (City of San Diego Playground)APPROVED WITH CONDITIONS

Application of City of San Diego to renovate existing half-acre playground to provide ADA compliant sidewalks, new security lighting and replacement of existing comfort station at 1100 West Mission Bay Dr., Mission Bay, San Diego, San Diego County. (TR-SD)

North Coast District

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

11. Consent Calendar (removed from Regular Calendar)

Energy, Ocean Resources & Federal Consistency

12. Energy, Ocean Resources & Federal ConsistencyCONCURRED

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.

13. Consent Calendar (removed from Regular Calendar)

14. Federal Consistency

a. CD-0002-19 (U.S. Fish and Wildlife Service, San Francisco) WITHDRAWN

Consistency determination by U.S. Fish and Wildlife Service for South Farallon Islands Invasive House Mouse Eradication Project, Farallon Islands National Wildlife Refuge, 30 miles offshore of San Francisco. (LS-SF)

South Central Coast District

15. 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.

16. Consent Calendar (removed from Regular Calendar)

17. Local Coastal Programs (LCPs)

a. County of Santa Barbara LCP Amendment No. LCP-4-STB-18-0039-1-Part D (O’Neil Property Rezone)DENIED

Public hearing and action on the County of Santa Barbara’s request to amend the Land Use Plan and Implementation Plan to change the land use and zoning designation of a property at 2551 Wallace Avenue in the community of Summerland from Recreation/Open Space to Single-Family Residential. (MS-V)

18. New Appeals

a. Appeal No. A-4-CPN-19-0029 (Hawkins, Carpinteria) NO SUBSTANTIAL ISSUE FOUND

Appeal by John Barrison of City of Carpinteria decision granting permit with conditions to Karen Hawkins for construction of new 2,313 sq.ft. single-family home with attached 537 sq.ft. 2-car garage, site grading and drainage improvements, landscape and hardscape improvements, new underground utilities and new side and rear perimeter fencing, at 5667 Calle Arena, Carpinteria, Santa Barbara County. (WH-V)

19. Coastal Permit Applications

a. Application No. 4-18-0206 (California Department and Parks and Recreation, Gaviota State Beach) Postponed

Application of California Dept. of Parks and Recreation to repair, protect and reopen pier at Gaviota State Beach through installation of 1700 tons of rock rip-rap, 90-ft. seaward extension, 49 vertical pilings, 15 batter piles, as well as removal and replacement of timber decking, guardrails, structural supports and cross bracing, Santa Barbara County. (CT-V)

South Coast District (Los Angeles County)

20. 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.

21. Consent Calendar (removed from Regular Calendar)

22. New Appeals

a. Appeal No. A-5-MNB-19-0030 (Manhattan Beach Open Volleyball Tournament, Manhattan Beach) NO SUBSTANTIAL ISSUE FOUND

Appeal by William Victor of City of Manhattan Beach permit granting with conditions the 2019 Manhattan Beach Open Volleyball Tournament to be held on public beach August 15-18, 2019, south of Manhattan Beach Pier, Manhattan Beach, Los Angeles County. (MR-LB)

23. Coastal Permit Applications

a. Application No. 5-18-0994 (Skylar Properties, LLC, Hermosa Beach) Withdrawn

Application of Skylar Properties, LLC to demolish 2-story, 2,591 sq.ft. duplex and construct 30-ft. high, 3-story, 4,393 sq.ft. single-family home with attached 2-car garage and roof deck at 55 18th St., Hermosa Beach, Los Angeles County. (AS-LB)

b. Application No. 5-19-0128 (Hermosa Beach School District, Hermosa Beach)APPROVED WITH CONDITIONS

Application of Hermosa Beach School District to demolish campus and construct new campus consisting of 2 new buildings, parking lot and play areas on 2.35 acres of 4.29 acre site, at 417 25th St., Hermosa Beach, Los Angeles County. (ES-LB)

South Coast District (Orange County)

24. 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.

25. Consent Calendar (removed from Regular Calendar)

26. Local Coastal Programs (LCPs)

a. City of Newport Beach LCP Amendment No. LCP-5-NPB-17-0084-1-Part D (4-17) (Ocean Front Encroachments) DENIED

Public hearing and action on the City of Newport Beach’s request to amend both the Land Use Plan and Local Implementation Plan portion of the certified LCP to expand the allowable residential beach encroachments zone on the Balboa Peninsula from 1400 E. Oceanfront to Channel Road, a maximum of 15 feet oceanward of ocean facing property lines. (LR-LB)

b. City of Newport Beach LCP Amendment No. 1-19 (LCP-5-NPB-19-0016-1). Time ExtensionApproved

Public hearing and action to extend the 60-day time limit for Commission action for up to one year on request by the City of Newport Beach to amend its Implementation Plan to add a new Parking Management Overlay District (PM Overlay) category and to create PM-1, a Parking Management Overlay District for the Balboa Village area of the City. (LR-LB)

 Please note: W27a-b will share a single combined staff report and hearing

27. Coastal Permit Applications

a. Application No. 5-18-0907 (Nerja Investments, LLC, Seal Beach) POSTPONED

Application of Nerja Investments, LLC to subdivide 6,962 sq.ft. lot into 2 lots, and construction of new 3,604 sq.ft. single family home and garage on new 3,455 sq.ft. lot, at 219 17th St., Seal Beach, Orange County. (AY-LB)

b. Application No. 5-18-0908 (Nerja Investments, LLC, Seal Beach) POSTPONED

Application of Nerja Investments, LLC to subdivide 6,962 sq.ft. lot into 2 lots, and construction of new 2,790 sq.ft. single family home and garage on new 3,508 sq.ft. lot, at 221 17th St., Seal Beach, Orange County. (AY-LB)

c. Application No. 5-18-0665 (Marquita LLC, San Clemente) Withdrawn

Application by Marquita, LLC for coastal bluff stabilization (at 257, 259, and 261 W. Marquita) consisting of 13,475 cu.yds. of cut and 8,714 cu.yds. of fill for complete bluff reconstruction by benching the bluff for placement of compacted fill, bluff drainage improvements and restoration of native vegetation; demolition of single-family home and construction of 2-unit 8,179 sq.ft. condominium, with 966 sq.ft. 4-car garage and 1,906 sq.ft. in decks, pool/spa, and bluff top drainage improvements, at 259 W. Marquita, San Clemente, Orange County. (LR-LB)

d. Application No. 5-18-0705 (Gallian, Newport Beach) Withdrawn

Application of George Gallian to remove 30’ x 6’ wide public vertical access pier platform and four, 14-in. square concrete guide piles and expand existing 30’ x 6’ (180 sq.ft.) private dock system shared by 2 private properties by installing two, 14-in. square concrete marina guide piles; 38’ x 4’ wide finger; 14’.5” x 4’ wide headwalk; 3’ x 3’ knee; 18’ x 3’ knee totaling 332 sq.ft. The existing gangway will be re-used, as well as, two, 14-in. square concrete marina guide piles, with shared 512 sq.ft. shared private dock, at 2806 Lafayette Ave., Newport Beach, Orange County. (FSY-LB)

e. Application No. 5-18-1014 (Cyprus, Newport Beach) Withdrawn

Application of Kip Cyprus to remove 706 sq.ft., U-shaped dock float, and replace it with 56’ x 8’, single finger dock float with 14’ x 12’ landing at landward end of float; alterations to existing pier platform; and remove four 12-in. diameter concrete piles and replace with four, 14-in. diameter concrete piles, at 221 Via Lido Soud, Newport Beach, Orange County. (MV-LB)

f. Application No. 5-18-1156 (Naehring, Newport Beach) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Application of Matt Naehring for development located within Coastal Commission original jurisdiction consisting of: demolition of duplex and construction of 4,214 sq.ft., 29-ft. high, 3-story, 2-unit condominium with 2 attached single-car garages totaling 461 sq.ft. and 2 carport spaces; Tentative Parcel Map to consolidate 2 lots, and seawall repairs, including raising the seawall cap by 3 ft., installation of 2 tie back supports, each affixed to new concrete deadman, and installation of 2 new additional tie back supports affixed to seawall, at 3406 Marcus Ave., Newport Beach, Orange County. (FSY-LB)

g. Application No. 5-18-1214 (Tomlinson, Surfside, Orange Co.) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Application of Imamu & Tasha Tomlinson for addition and major remodel of single-family home consisting of 968 sq.ft. addition to existing 3-story, 35-ft. high, 1,858 sq.ft. single-family home; demolish detached 423 sq.ft., 2-car garage and construct new, 390 sq.ft., attached, 2-car garage; and new 200 sq.ft. roof deck; at 17-B Surfside Ave., Surfside, Orange County. (MV-LB)

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

29. Consent Calendar (removed from Regular Calendar)

30. Local Coastal Programs (LCPs)

a. City of Oceanside LCP Amendment No. LCP-6-OCN-18-0069-2 (Base Zoning Districts)APPROVED WITH MODIFICATIONS

Public hearing and action on request by the City of Oceanside to amend its Implementation Plan to consolidate coastal and inland base zoning districts. (TR-SD)

b. City of San Diego LCP Amendment No. LCP-6-SAN-19-0032-1 (Appeal Procedures)CONCURRED

Concurrence with the Executive Director’s determination that the request of the City of San Diego to amend the City’s Land Development Code (certified IP) to revise the administrative procedures for appeals is de minimis. (AL-SD)

c. City of San Diego LCP Amendment No. LCP-6-SAN-19-0060-1 (Morena Apartment Homes Overlay Zone)CONCURRED

Concurrence with the Executive Director’s determination that the request of the City of San Diego to amend the City’s Land Development Code (certified IP) to remove the Mobilehome Park Overlay Zone designation from a site is de minimis. (DD-SD)

31. Coastal Permit Applications

a. Application No. 6-19-0010 (SeaWorld, San Diego) Moved to Consent Calendar, APPROVED WITH CONDITIONS

Application of SeaWorld San Diego to construct new 160-ft. tall rollercoaster and 3,600 sq.ft. ride station on 2.4-acre area within SeaWorld leasehold at 500 SeaWorld Dr., Mission Bay Park, San Diego, San Diego County (AL-SD)

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)

Coastal Rights Coalition v. CCC, Govt. Code § 11126(e)(2)(A)

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

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

Friends of Oceano Dunes v. CCC., Govt. Code § 11126(e)(2)(A) – See Item Th12a

Friends of Oceano Dunes, et al. v. CCC, et al., Govt. Code § 11126(e)(2)(A) – See Item 12a

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

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

Bell et al. v. Bell et al., Govt. Code § 11126(e)(2)(A)

Kintsler 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 v. CCC (416 Grand Blvd. et al, 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)

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)

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

32. Approval of Minutes

33. Commissioners' Reports

34. Conservancy Report

35. Santa Monica Mountains Conservancy Report

36. Santa Monica Bay Restoration Report

37. Deputy Attorney General's Report

Thursday July 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.

North Central Coast District

5. 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.

6. Consent Calendar (removed from Regular Calendar)

7. Local Coastal Programs (LCPs)

a. City of Pacifica LCP Amendment No. LCP-2-PAC-19-0043-1 (Cannabis Regulations)CONCURRED

Concurrence with the Executive Director’s determination that the request by the City of Pacifica to modify the LCP’s Implementation Plan regulations related to allowable residential and commercial cannabis uses is de minimis. (JM-SF)

8. Coastal Permit Applications

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

Application of 2 Mirada Ownership Group and Casa Mira Homeowner’s Association to construct approx. 257-ft. long tied-back concrete seawall with public access staircase fronting both residential development and California Coastal Trail near where Mirada Rd. intersects the shoreline at the bridge over Arroyo de en Medio in Half Moon Bay, San Mateo County. (SR/JM-SF)

Central Coast District

9. 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.

10. Consent Calendar (removed from Regular Calendar)

11. Local Coastal Programs (LCPs)

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

Public hearing and action 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)

b. San Luis Obispo County LCP Amendment No. LCP-3-SLO-19-0009-1 (Cannabis Regulations Update). Certification ReviewCONCURRED

Concurrence with the Executive Director’s determination that the action by San Luis Obispo County accepting certification of LCP-3-SLO-19-0009-1 with modifications (making minor and clarifying changes to the County’s cannabis regulations) is legally adequate. (SC-SC)

c. San Luis Obispo County LCP Amendment No. LCP-3-SLO-19-0021-2 (Affordable Housing)CONCURRED

Concurrence with the Executive Director’s determination that the request by San Luis Obispo County to modify the LCP’s requirements for certain development to provide inclusionary housing units or inclusionary fees is minor. (BO-SC)

d. City of Pismo Beach LCP Amendment No. LCP-3-PSB-19-0044-1 (Short-Term/Vacation Rentals)APPROVED AS SUBMITTED

Public hearing and action on request by the City of Pismo Beach to amend the LCP Implementation Plan to: add short-term rentals as an allowed use in the R-2 and R-3 zoning districts; refine criteria for vacation rentals in the Downtown Core; and add a definition of long-term rental. (KB-SC)

12. Condition Compliance

a. Oceano Dunes State Vehicular Recreation Area (ODSVRA) CDP ReviewAPPROVED

Review of the overall effectiveness of the methods being used to manage vehicle impacts in relation to coastal resources at ODSVRA as required by coastal permit 4-82-300, as amended, in the Oceano Dunes area of San Luis Obispo County. To submit a comment, please send an email to OceanoDunesReview@coastal.ca.gov prior to Friday, July 5, 2019 at 5:00PM PDT. (KK-SC).

13. Coastal Permit Applications

a. Application No. 3-19-0463 (Morro Bay Water Reclamation Facility)APPROVED WITH CONDITIONS

Application of City of Morro Bay to: (1) subdivide 396-acre parcel into 2 parcels (roughly 368 and 28 acres apiece); (2) construct new wastewater treatment and recycled water facility (water reclamation facility) on smaller parcel, as well as to construct associated pipelines, 2 new lift stations, and underground recycled water injection wells; (3) modify existing ocean outfall; (4) operate new water reclamation facility and overall system, including groundwater injection and other related components, moving forward; and, (5) decommission and demolish existing wastewater treatment plant and related components and to restore all affected areas, with project components spanning unincorporated San Luis Obispo County, City of Morro Bay, and the Pacific Ocean. (KK-SC)

b. Application No. 3-19-0020 (San Simeon Wastewater Treatment Plant, San Luis Obispo Co.) APPROVED WITH CONDITIONS

Application of San Simeon Community Services District for after-the-fact development at its wastewater treatment plant (WWTP), including installation of riprap revetment, improvements to pipe support structure, structural and component upgrades to the WWTP, and partial replacement and other development associated with WWTP’s outfall pipe, at 9245 Balboa Ave. in unincorporated San Simeon Acres area of North San Luis Obispo County. (BO-SC)

c. Application No. 3-18-1039 (Cieslak, Asilomar Dunes, Pacific Grove) DENIED

Application of Tiffany and Jeremy Cieslak to construct 2,942 sq.ft. single-family home with attached garage, driveway, patios, and dune restoration on 23,137 sq.ft. vacant parcel at 1635 Sunset Dr. in Asilomar Dunes neighborhood of City of Pacific Grove, Monterey County. (BO-SC)

14. Dispute Resolution

a. Dispute Resolution No. 3-19-0569-EDD (Cal-Am, Marina) CONCURRED

Public hearing and Commission determination on dispute over appealability (pursuant to California Code of Regulations, Title 14, Section 13569) of the coastal development permit denied by the City of Marina for the components of the Monterey Peninsula Water Supply Project located in the City of Marina’s jurisdiction. (KB-SC)

Enforcement

15. Enforcement Report

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

Friday July 12, 2019, 9:00am

1. Call to Order and Roll Call

2. California Coastal Commission and Local Government Public Workshop

Joint workshop with the League of Cities, California State Association of Counties, local government officials and the California Coastal Commission to discuss coastal city and county issues and concerns related to interactions with the Commission on short-term rentals, sea level rise, and LCP development process, including framework for coordination. Agenda and background material for the workshop will be available on the Commission’s website. (JA/MC-SF)

 (NOTE: There will be no more than one (1) hour for public comment. Due to the significant level of interest in this item and the limited time available, speakers’ time will be limited to 1 to 2 minutes, depending on the number of speakers, and at the discretion of the Commission Chair. We urge written comments be submitted to: StatewidePlanning@coastal.ca.gov.)

 The Public Workshop will run from 9:00 a.m. to 4:00 p.m.

 There will be no General Public Comment on Friday

Statewide

Future Meetings:

The next meetings of the Coastal Commission are August 7-9, in Eureka and September 11-13, in Newport Beach.