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California Coastal Commission

45 Fremont Street, Suite 2000, San Francisco, CA 94105-2219

www.coastal.ca.gov

(415)-904-5200

Steve Kinsey, Chair
Sarah Glade Gurney, Alternate
Jana Zimmer, Vice Chair
Terri Bowman, Alternate
Dayna Bochco
Belinda Faustinos, Alternate
Gregory Cox
Olga Diaz, Alternate
Carole Groom
Maricela Morales, Alternate
Erik Howell
Martha McClure, Alternate
Wendy Mitchell
Steven Kram, Alternate
Mary Shallenberger
Randy Pestor, Alternate
Effie Turnbull-Sanders
Mark Vargas
Dr. Paul Song, Alternate
Charles F. Lester, Executive Director

John Laird/Janelle Beland, Natural Resources Agency

Dale Jones, Business, Transportation & Housing Agency

Jennifer Lucchesi/Cy Oggins, State Lands Commission


December 2014 Draft Agenda

Portola Plaza Hotel
2 Portola Plaza
Monterey, CA 93940

(415) 407-3211

Phone number will only be in service when the meeting is in session.

This has been updated at 2:55 p.m. on Wednesday, November 26, 2014

Please note: agenda items are subject to change.

[The Phone number will only be in service when the meeting is in session.]

Wednesday, December 10, 2014 9:00 a.m.

Thursday, December 11, 2014 9:00 a.m.

Friday, December 12, 2014 9:00 a.m.

Visit the Commission's web: www.coastal.ca.gov for the latest updates.


Wednesday,
December 10, 2014

9:00 a.m.

  1. CALL TO ORDER.
  2. ROLL CALL.
  3. Public Workshop: Lower Cost Visitor Serving Accommodations. Public workshop and discussion focusing on lower cost visitor serving accommodations in the coastal zone. (MC-SC)

    The Public Workshop will run from 9:00 a.m. to 12:30 p.m.
    The agenda will resume with Item 4 following the lunch break, at approximately 1:30 p.m.

  4. ELECTION OF OFFICERS. Commission consideration and possible vote on the election of officers and representatives to the Santa Monica Mountains Conservancy and the Santa Monica Bay Restoration Commission.
  5. AGENDA CHANGES.
  6. GENERAL PUBLIC COMMENT. Public comments will be heard approximately at 1:30 pm for items not on the agenda, for no more than 30 minutes. 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.
  7. CHAIR'S REPORT.

STATEWIDE

  1. EXECUTIVE DIRECTOR'S REPORT.
    1. Director's Report
    2. Courier Service Contract. Public hearing and action by Commission authorizing Executive Director to enter into contract for courier services for pouch and package delivery service between Commission offices and to and from Commission meeting sites. (SH-SF)
    3. Annual Report of the Conservation/Open Space OTD Program. Report on Status of Conservation & Open Space Offers to Dedicate Easements. (AH-SF)
    4. Briefing on Civil Service Hiring/Recruitment and Agency Diversity. (MW/SH-SF)

SOUTH COAST DISTRICT (ORANGE COUNTY)

  1. CONSENT CALENDAR. See AGENDA CATEGORIES.
    1. Application No. 5-14-0664 (McCarthy, Newport Beach) Application of Kevin and Yvette McCarthy to demolish 2-story duplex, grade and construct new 2,144 sq.ft., 29 ft. tall, 3-story single-family home with attached 376 sq.ft., 2-car garage, patio, and planters, and 3-ft. high perimeter wall with wood gate extending 15 feet into encroachment zone of public beach, located at 5305 Seashore Dr., Newport Beach, Orange County. (FSY-LB)
    2. Application No. 5-14-1673 (Scheel, San Clemente) Application of Norman and Lisa Scheel to demolish single-story family home with attached garage and construct new 2-level, 4,379 sq.ft. single-family home with attached 785 sq.ft. 2-car garage, new landscaping walls, retaining walls, site property walls, new pool and spa, landscape, hardscape and drainage improvements on 10,010 sq.ft. coastal canyon lot, at 512 Avenida La Costa, San Clemente, Orange County. (LR-LB)

ENFORCEMENT

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

    [Items 11 and 12, below share a single, combined staff report]

  2. COMMISSION CONSENT CEASE & DESIST ORDER No. CCC-14-CD-05 (Beim, Carlsbad) Public hearing and Commission action on proposed administrative consent order directing owners of property at 2381 Buena Vista Circle, Carlsbad, to, among other things, remove unpermitted development, which also violates conditions of previous permit, including walls, decks, walkways and other structures; cease and desist from conducting further unpermitted development, including grading or removal of sensitive vegetation; and resolve associated civil liabilities, in Carlsbad, San Diego County. (MSW-SF)
  3. COMMISSION CONSENT RESTORATION ORDER NO. CCC-14-RO-05 (Beim, Carlsbad) Public hearing and Commission action on proposed administrative consent order directing owners of property at 2381 Buena Vista Circle, Carlsbad, to restore that property and an adjacent area adjacent to and within Buena Vista Lagoon disturbed by unpermitted development, which also violates conditions of a previous permit; mitigate for resulting temporal loss of habitat; implement long-term monitoring program; and resolve associated civil liabilities, in Carlsbad, San Diego County. (MSW-SF)

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.
  3. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
    1. City of Newport Beach LCP Amendment No. LCP-5-NPB-14-0820-2 (Back Bay Landing) Time Extension. Public hearing and action to extend the 90-day time limit for Commission action for up to one-year on request by the City of Newport Beach to amend the certified Coastal Land Use Plan to change the land use designation of a 6.97-acre portion of the 31-acre property located at 300 East Coast Highway, from Recreational and Marine Commercial (CM-B) to Mixed-Use Horizontal (MU-H), as well as establish a site-specific development policy, and exception to the 35-foot Shoreline Height Limitation Zone. (MS-LB)
  4. NEW APPEALS. See AGENDA CATEGORIES.
    1. Appeal No. A-5-LGB-14-0037 (Koga Properties, Laguna Beach) Appeal by Commissioners Shallenberger and Bochco of City of Laguna Beach's approval of permit to Koga Properties for demolition of single-family home and construction of new 5,559 sq.ft. single-family home with attached 2-car garage, decks, fencing, pool, spa and landscaping on oceanfront lot, located at 23 Lagunita Drive, Laguna Beach, Orange County. (LR-LB)
  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. 5-14-1291 (South Coast Water District, Laguna Beach) Application of South Coast Water District to construct 4,176 feet of tunnel and sewer pipelines under bluffs within Three Arch Bay to replace existing aging tunnel and pipeline, and repair 7 existing entryways to the tunnel system on the bluff face, at Three Arch Bay, Laguna Beach, Orange County. (ZR-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 Carlsbad LCP Amendment No. LCP-6-CII-14-0837-2 (Daybreak Community Church) Time Extension. Public hearing and action to extend the 90-day time limit for Commission action for up to one-year on request by City of Carlsbad to amend the certified Mello II land use plan from Residential Low-Medium (RLM) to RLM and Open Space (OS) on a site located at the southeast corner of Poinsettia Lane and Fisherman Drive and also rezone the property from Limited Control (L-C) to One-Family Residential (R-1) and OS. (DNL-SD)
  4. 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. 6-14-1707 (Caltrans, Carlsbad) Application of California Department of Transportation to perform mitigation project to restore coastal habitats at 8.2 acre Hallmark East Mitigation Site located south of Via Hinton and Via Marta, Carlsbad, San Diego County. (KB-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:
Arnold Land Co. v. CCC, Govt. Code § 11126(e)(2)(A)
Baltimore Land Co. v. CCC, Govt. Code ยง 11126(e)(2)(A)
Frank v. CCC, Govt. Code § 11126(e)(2)(A)
CCC v. U.S. Dept. of the Navy et al., Govt. Code § 11126(e)(2)(A)
Drakes Bay Oyster Co. v. CCC et al., Govt. Code § 11126(e)(2)(A)
Faber et al. v. CCC (Drakes Bay Oyster Co., RPI), Govt. Code § 11126(e)(2)(A)
Gradstein et al. v. CCC et al. (Stoloski, RPI), Govt. Code § 11126(e)(2)(A)
Koligian v. CCC, Govt. Code § 11126(e)(2)(A)
Marina Coast Water District v. CCC (California-American Water Co., RPI), Govt. Code § 11126(e)(2)(A)
Save the Park v. CCC (Colmer, RPI), Govt. Code § 11126(e)(2)(A) - see item Thurs. 13a
SDS Family Trust v. CCC, 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).
  1. APPROVAL OF MINUTES.
  2. COMMISSIONERS' REPORTS.
  3. CONSERVANCY REPORT.
  4. SANTA MONICA MOUNTAINS CONSERVANCY REPORT.
  5. SANTA MONICA BAY RESTORATION REPORT.
  6. DEPUTY ATTORNEY GENERAL'S REPORT.

Thursday,
December 11, 2014

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 will 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.

SOUTH COAST DISTRICT (LOS ANGELES COUNTY)

  1. ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.
    1. Application No. 5-14-1758 (Donaldson, Venice, Los Angeles) Application of Jillianne Donaldson to remodel and construct second-story addition to existing 803 sq.ft. single-family home, resulting in 1,659 sq.ft., 24-ft. high two-story single-family home at 2608 Ocean Ave., Venice, City of Los Angeles, Los Angeles County. (ZR-LB)
    2. Application No. 5-14-1815 (Jacobson, Venice, Los Angeles) Application of Greg Jacobson to construct 787 sq.ft. second story addition with 113 sq.ft. balcony to existing 1,207 sq.ft. single-family home at 343-28th Ave., Venice, Los Angeles, Los Angeles County. (MS-LB)

STATEWIDE

  1. Public Education Program Annual Update. Public Education presentation on its activities and accomplishments for 2014. (CP-SF)

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). See AGENDA CATEGORIES.

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. 3-SCO-14-0817-1 Part B (Signs). Public hearing and action on request by Santa Cruz County to amend IP Sections 13.10.324, 13.10.581, and 13.11.072, and to add IP Section 13.10.587 to the County's LCP addressing LCP sign provisions, including eliminating the variance procedure and establishing a new administrative sign "exception" permit process with public notice. (KK-SC)
    2. San Luis Obispo County LCP Amendment No. LCP-3-SLO-14-0839-3 (Former Cambria Library Parcel Redesignation). Public hearing and action on request by San Luis Obispo County to redesignate a parcel at 900 Main St. in Cambria from Public Facilities to Commercial Retail, including associated text and map updates. (DR-SC)
  4. NEW APPEALS. See AGENDA CATEGORIES.
    1. Appeal No. A-3-STC-14-0049 (La Bahia Hotel, Santa Cruz) Appeal by La Bahia Coalition of City of Santa Cruz decision granting permit with conditions to La Bahia LLC for partial demolition of, and new development associated with, existing historic La Bahia complex, to accommodate a 165-room hotel, including meeting and banquet rooms, restaurant, retail space, day spa, swimming pool, hotel support space, and parking garage at 215 Beach Street fronting Santa Cruz Main Beach, City of Santa Cruz, Santa Cruz County. (KG-SC)
  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. A-3-MRB-06-064 (Black Hill Villas, Morro Bay) Application of Wayne Colmer (on remand from court decision) for subdivision of two parcels (totaling 3.17 acres) into 17 residential parcels and one common/open space parcel, demolition of 2 existing residences and related structures, removal of 29 trees, construction of new access road and related utility infrastructure, construction of 17 single-family dwellings (including two affordable units), offsite road and traffic improvements, restoration and enhancement of stream/riparian area, and related grading and other development on existing site near Highway 1 located at 485 and 495 South Bay Blvd., Morro Bay, San Luis Obispo County. (DR-SC)

SOUTH 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 Ventura office at (805) 585-1800.
    1. University of California, Santa Barbara, Long Range Development Plan Amendment No. MAJ-1-11 (Comprehensive Update). Certification Review. Concurrence with the Executive Director's determination that the action by the University of California, Santa Barbara accepting certification of LRDP Amendment MAJ-1-11, with modifications, is legally adequate. (SG-V)
  2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
  3. NEW APPEALS. See AGENDA CATEGORIES.
    1. Appeal No. A-4-MAL-13-0257 (Safapour, Malibu) Appeals by Michael Plen, Carol Bretonne, Brian Pietro and Raymond F. Hall of decision from City of Malibu granting permit with condition to Iraj and Mahvash Safapour for construction of new 7,416 sq.ft., single-story home with attached garage, swimming pool, associated hardscape, 645 cu.yds. grading, swimming pool, onsite wastewater treatment system, landscaping, habitat restoration and erosion control and an offer to dedicate trail easement, located at 29600 Harvester Rd., Malibu, Los Angeles County.(ND-V)
  4. 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. 4-12-043 (Broad Beach Geologic Hazard Abatement District, Malibu) Application of Broad Beach Geologic Hazard Abatement District for authorization of approx. 4,150-ft. long as-built, rock revetment constructed pursuant to 2 emergency permits. Project includes implementation of beach nourishment program for period of 20 yrs. involving deposition of 600,000 cu.yds. of sand on beach from inland sand quarries during first year and approx. 450,000 cu.yds. of sand during tenth year; periodic sand backpassing operations to occur no more than once per year, and dune habitat restoration, at Broad Beach from 30708 Broad Beach Road to 6525 Point Lechuza Road, Malibu, Los Angeles County. (Staff-V)
    2. Application No. 4-06-025 (Los Angeles County Department of Public Works) Application of Los Angeles County Department of Public Works for authorization of repairs to roadway and remediation of active slope failure completed pursuant to emergency permit for reconstruction of approx. 45-ft. long, 1600 sq.ft. road embankment with 320 cu.yds. of fill; replacement of 20-ft. existing 18 in.-diameter corrugated metal pipe culvert; installation of 600 sq.ft. rip rap at culvert outlet and revegetation along Greenleaf Canyon Road at Mile Marker 0.25 within Santa Monica Mountains, Los Angeles County. (MH-V)
    3. Application No. 4-06-124 (Los Angeles County Department of Public Works) Application of Los Angeles County Department of Public Works for authorization of 175-ft. long, 17-ft. high as-built concrete soldier pile retaining wall constructed pursuant to emergency permit. Project also includes reconstruction of approx. 130 feet of roadway, installation of 29 soldier piles, revegetation, and 320 cu.yds. of grading (151 cu.yds of cut and 169 cu.yds of fill) along Hillside Drive at culvert marker 0.12 in the Santa Monica Mountains, Los Angeles County. (MT-V)
    4. Application No. 4-13-0256 (Uger and Williams Consolidated Inc., Los Angeles Co.) Application of Thomas Uger and Williams Consolidated, Inc. to adjust lot lines of 2 parcels (approx. 1.5 acres and 38 acres in size), to create 2 parcels approx. 7 acres and 32 acres in size, located at 2161 Encinal Canyon Rd., Santa Monica Mountains, Los Angeles County. (JB-V)
    5. Application No. 4-13-0303 (Vogt & Olsson, Los Angeles Co.) Application of Phillip Vogt and Fredrick Olsson to improve 0.61-miles of existing access road (Etz Meloy Motorway) with 7,700 cu.yds. of associated grading (4,870 cu.yds. of cut, 2,830 cu.yds. of fill); installation of (4) 10,000 gallon water tanks and 2 gates; and lot line adjustment between 2 existing lots. Project also includes installation of seepage pits and fuel modification vegetation clearance for 2 proposed single-family homes located outside coastal zone, at 33065 Mulholland Hwy, Santa Monica Mountains, Los Angeles County. (DV-V)
    6. Application No. 4-13-0413 (Leachman, Los Angeles Co.) Application of Cloris Leachman requesting after-the-fact approval of 1,805 sq.ft. addition to existing 1,000 sq.ft. single-family home, concrete swale, water tank, and pond. Project includes remodel of existing 2,805 sq.ft. single-family home; construction of 75 linear feet retaining wall with 30 cu.yds. of associated grading, septic system, and demolition of unpermitted shed, at 21344 Colina Dr., Topanga, Los Angeles County. (DV-V)
    7. Application No. 4-14-1537 (City of San Buenaventura, City of San Buenaventura) Application of the City of San Buenaventura to perform routine repair and maintenance activities to Ventura Pier for five years, at California St. and Harbor Blvd., City of San Buenaventura, Ventura County. (JB-V)

SOUTH COAST DISTRICT (LOS ANGELES COUNTY)

  1. DEPUTY DIRECTOR'S REPORT FOR LOS ANGELES 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.
  3. 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.

    [Items Th20a and Th21a, below share a single, combined staff report]

    1. Application No. 5-14-0269 (City of Long Beach Dredging) Application of City of Long Beach to dredge up to 150,000 cu.yds. of material a year for 5-year period from various channels, bays and harbors in Long Beach (including, Los Angeles River Estuary, Shoreline Marina, Rainbow Harbor, Alamitos Bay, Cerritos Channel) and place dredged material at "East Beach" and "West Beach" located on beach, between 1st Place and Junipero Ave. (West Beach), and between 54th and 72nd Places (East Beach), Long Beach, Los Angeles County. (FSY-LB)
    2. Application No. 5-14-1387 (Beauchamp, Cohen, Coppenrath, Pacific Palisades, Los Angeles) Application of Joseph Beauchamp, Eli Cohen, and Walter Coppenrath to construct two, 10-ft. high retaining walls for slope stabilization, including 871 cu.yds. of cut, 127 cu.yds. of fill, and 1,862 cu.yds. of removal and re-compaction at 17774 and 17800 Tramanto; 17761, 17801, 17807 Castellammare, Pacific Palisades, Los Angeles, Los Angeles County. (MS-LB)
  4. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.
    1. CC-0004-14 (City of Long Beach Dredge Disposal) Consistency certification by City of Long Beach to dispose of dredged material at EPA approved disposal site known as LA-2, located 6 miles offshore southwest of Point Fermin, San Pedro, Los Angeles County. (FSY-LB)

Friday,
December 12, 2014

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 will 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 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 Arcata office at (707) 826-8950.
  2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
  3. 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. 1-13-0489 (California Department of Fish & Wildlife, Del Norte Co.) Application of California Dept. of Fish & Wildlife to perform drainage ditch maintenance to restore rare plant habitat, at Crescent City Marsh Wildlife Area, Crescent City, Del Norte County. (ND-A) POSTPONED

ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY

  1. ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY. 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.
    1. SONGS Mitigation Program. 2014 Annual Status Report for San Onofre Nuclear Generating Station mitigation program required as a condition of CDP 6-81-330 (Southern California Edison), San Diego, San Diego County. No Commission action required. (KH-SF)
    2. Ocean Health Index. Presentation by Johanna Polsenberg, Director of Ocean Health Index, on using Ocean Health Index to measure ocean health on the West Coast.
    3. NOAA's Office of National Marine Sanctuaries (ONMS) Sanctuary Nomination Process. Presentation by William Douros, Western Regional Director for ONMS, on re-establishing a process by which communities may nominate areas of marine environments as national marine sanctuaries.
    4. Changes to CCMP List of Federal Permits Subject to Federal Consistency Review. Public hearing and Commission possible action on proposed changes updating and adding to California Coastal Management Program (CCMP), Ch. 11, list of federal licenses and permits subject to certification for consistency with the CCMP, under Section 307(c)(3)(A) of the federal Coastal Zone Management Act and its implementing regulations 15 CFR Section 930.53(a) and (c). (MPD-SF)
  2. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
  3. 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. Permit No. E-01-029-A4 & CC-111-01 (GU Holdings, Inc., Hermosa Beach) Request to amend Special Condition 18 to increase interval between required surveys of undersea cable to once every five years, Hermosa Beach, Los Angeles County. (KH-SF)
  4. FEDERAL CONSISTENCY. See AGENDA CATEGORIES.
    1. CD-0002-14 (NOAA, Northern California) Consistency determination by National Oceanic and Atmospheric Administration (NOAA) Office of National Marine Sanctuaries (ONMS) for expansion of boundaries of, and revised management regulations for, Cordell Bank National Marine Sanctuary (CBNMS) and Gulf of the Farallones National Marine Sanctuary (GFNMS), state and federal waters offshore San Francisco, Marin, Sonoma, and Mendocino Counties. (MPD-SF)
    2. CC-0006-14 (North County Transit District, San Diego Co.) Consistency certification by North County Transit District for placement of riprap underneath San Dieguito River railroad bridge to protect timber bridge bents from ongoing river scour; and temporary stockpiling of excavated river sediments in railroad right-of-way east of track and south of river, Del Mar, San Diego County. (LS-SF)

CENTRAL COAST DISTRICT

  1. CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES.
  2. NEW APPEALS. See AGENDA CATEGORIES.
    1. Appeal No. A-3-SNC-14-0001 (King Ventures Resort, Sand City) Appeal by Sierra Club and Commissioners Shallenberger and Kinsey of City of Sand City decision granting permit with conditions to King Ventures for construction of 340-room resort (105-room condominium hotel and 235-room standard hotel), restaurant, conference center, private and public parking, wellness spa, public access trails, road improvements (to Sand Dunes Drive and Tioga Avenue), public restrooms, and lifeguard station on a roughly 27 acre site primarily located in the dunes west of Highway 1 and north of Tioga Avenue, Sand City, Monterey County. (MW-SC)

STATEWIDE

  1. Petition for Repeal of After-the-Fact Permit Fee Regulation. Petition by Beach & Bluff Conservancy under Government Code section 11340.6 to repeal after-the-fact permit fee regulation (14 Cal.Code Regulations, Section 13055(d)). (Legal-SF)
  2. Future Agenda Items. Discussion of potential future agenda items. (CL-SF)

The next meetings of the Coastal Commission are January 7-9, in Southern California & February 11-13, in Pismo Beach.

Agenda Categories

Below are described the standard categories of agenda items.

ADMINISTRATIVE PERMIT APPLICATIONS. If a person objects to issuance of an administrative permit or permit conditions, that person is allowed 3 minutes to request removal of the application from the administrative calendar. If four or more Commissioners vote to remove an item from this calendar, the approval is revoked, and the application will be scheduled for action at a later meeting.

COASTAL PERMIT APPLICATIONS. The Commission may vote at the conclusion of the public hearing, or it may continue the matter to a subsequent meeting. Time limits are determined by the Chair but generally are 15 minutes combined total time per side. The applicant may reserve some time for rebuttal after the opponents speak.

CONSENT CALENDAR. Three minutes will be allowed to each side to address the Commission on whether to remove an application from this calendar. It takes 3 or more Commissioners to remove an item from the consent calendar, in which case it will be scheduled for further hearing & action at a later meeting.

ENFORCEMENT ACTIONS. Public hearing and action on proposed Cease and Desist Orders, Restoration Orders, and recordation of Notices of Violation.

FEDERAL CONSISTENCY. See time limits under COASTAL PERMIT APPLICATIONS above.

LOCAL COASTAL PROGRAMS (LCPs). LCPs consisting of a land use plan and implementation plan are prepared by local governments and provide the standards for issuing coastal permits after approval by the Commission. Copies of LCP reports are available on request from the Commission office. Oral testimony may be limited to 5 minutes or less for each speaker, depending on the number wishing to be heard. Copies of all correspondence will be provided to the Commission.

NEW APPEALS. (Note: This agenda item requires an initial determination of whether the appeal raises a "substantial issue" and may not include a de novo public hearing on the merits of the project.)

When staff recommends "substantial issue," a public hearing on the question will only be held if 3 or more Commissioners ask for it. If three Commissioners do not request a hearing on "substantial issue" the matter automatically proceeds to de novo public hearing either at this or a later Commission meeting. If staff recommends "no substantial issue," public testimony will be taken only on the question whether the appeal raises a "substantial issue." Generally and at the discretion of the Chair, testimony is limited to 3 minutes total per side.

If the Commission finds "substantial issue" and there is no staff recommendation on the merits of the project, the de novo hearing will be scheduled for a subsequent meeting.

PERMIT AMENDMENTS or EXTENSIONS. Public hearing and action on requests to amend or extend permits previously issued by the Commission.

RECONSIDERATIONS. Public hearing and action to reconsider previous actions.

REVISED FINDINGS. Public hearing and vote to approve revised findings for a previous Commission action. The only issue is whether the findings adequately reflect the Commission action. The hearing is not to reargue the merits of the prior action.

VOTING on APPLICATIONS. Hearing and action on coastal development permits continued from a previous meeting. The time limits are 5 minutes combined total time per side, and the applicant may reserve time for rebuttal.

Meeting Rules and Procedures

SPEAKER SIGN-UP & TIME LIMITS. If you wish to speak, please fill out a "Request to Speak" form and give it to a staff person. Forms are available near the door to the meeting room. Time limits are indicated on the back of speaker sign-up forms, and under 'agenda categories' later in this summary. Generally, the Chair will determine time limits for each individual speaker and for organized presentations.

SUGGESTIONS FOR SUBMISSION OF WRITTEN MATERIALS. Written materials should be submitted to Commission staff no later than three working days before the hearing. In the upper right hand corner of the first page of your submittal please identify the agenda item number & your name. Please summarize your position in two or three pages. You may attach any exhibits you feel are necessary. Please note that you are discouraged from submitting written materials to the Commission on the day of the hearing, unless they are visual aids. It is difficult for Commissioners to carefully consider late submittals.

LOCATION OF MEETINGS. The Commission meets once a month in different locations of the State in order to facilitate public participation. Staff attempts, whenever possible, to schedule matters for hearings that will be relatively close to the location of a proposed development. However, legal deadlines for action may require that the hearing on an item take place in a different area than the proposed project.

NO FAXs will be accepted at the meeting site. You may be able to make prior arrangements with staff or a Commissioner to send a fax, but you will be responsible for paying the hotel or meeting site for its receipt.

CAMPAIGN CONTRIBUTIONS. Government Code Section 84308 requires Commissioners to disqualify themselves from voting on any matter if they have received a campaign contribution of more than $250 from an interested party. If you intend to speak on any hearing item, please indicate on your speaker slip and/or in your testimony, if you have made campaign contributions of more than $250 to any Commissioner within the last year, and if so, to which Commissioners you contributed.

CONTACTS with COMMISSIONERS. Written materials sent to Commissioners must also be sent to staff at the same time. All non-procedural communications must become part of the record. For a summary of these ex parte communication requirements, please visit www.coastal.ca.gov/roster.html#exparte.

PUBLIC STATEMENTS ABOUT ITEMS NOT ON THIS AGENDA. At the start of the meeting or those unable to attend the early comment period, there will be time for public statements about Commission work other than items that are pending before the Commission. Persons wishing to speak should fill out a sign-up slip, and limit presentations to 3 minutes. You may always submit written comments to the Commission office, and copies will be distributed to Commissioners. Please note that on the final day of the meeting, public comment will only be heard at some time prior to adjournment for the day.

WHEN WILL MY AGENDA ITEM BE HEARD? It is not possible to predict how quickly the Commission will complete agenda items or how many will be postponed to a later date. The Commission begins each session at the time listed on the Meeting Notice and considers each item in the sequence listed, except in extraordinary circumstances. The Commission may consider an item even though interested persons are not present.

STAFF RECOMMENDATIONS. A written staff report is available for most items on this agenda. At the end of the agenda description the author's initials and a code indicating his/her headquarters office are identified (A=Arcata SF=San Francisco SC=Santa Cruz V=Ventura LB=Long Beach SD=San Diego). Staff reports are usually distributed 10 days before the meeting. Staff reports for any item on this Meeting Notice are generally available on the Commission's website (www.coastal.ca.gov). Paper copies are also available upon request.

VISUAL PRESENTATIONS/MATERIALS. Powerpoint presentations must be accompanied by a USB flash drive, flash memory card, or compact disk. All electronic formats must be PC compatible. Files created on a Mac might not be supported. It is recommended that a hard copy of any electronic presentation be submitted in case of technical difficulties. A slide projector & laptop will be available from our audio-visual technician, and they can assist you in its use. All materials exhibited to the Commission during the hearing (slides, maps, etc.) are part of the public record and must be kept by the Commission for 60 days after final Commission action on the matter. Your materials will be returned upon written request unless needed for judicial review.

PUBLIC & ADMINISTRATIVE RECORDS. Some public records for agenda items are available for inspection at the meeting, and are available in the Commission office. Please call to make an appointment to see any file you are interested in. If you decide to challenge a final decision of the Commission in Court, please request preparation of the administrative record by letter to the Administrative Records Section at the Commission office in San Francisco, and indicate in your letter a description of the agenda item and date(s) of Commission action.

CLOSED SESSION. At any time during the meeting the Commission may meet to consider personnel matters or litigation in a session closed to the public pursuant to the attorney-client privilege and statutory exemption to the Open Meeting Act (Government Code Section 11126e).

ACCESS TO HEARINGS. The hearings are wheelchair accessible. If accommodation for other disabilities is required, please call (415) 904-5200.

MORE INFORMATION. For more information about this agenda, contact one of the following staff members:

  • (Del Norte, Humboldt & Mendocino Counties) Bob Merrill (707) 826-8950
  • (Sonoma, Marin, San Francisco & San Mateo Counties) Nancy Cave (415) 904-5260
  • (Santa Cruz, Monterey & San Luis Obispo Counties) Madeline Cavalieri (831) 427-4863
  • (Santa Barbara & Ventura Counties, Malibu & Santa Monica Mountains) Steve Hudson (805) 585-1800
  • (Los Angeles County) Teresa Henry (562) 590-5071
  • (Orange County) Karl Schwing (562) 590-5071
  • (San Diego County) Deborah Lee (619) 767-2370
  • (Energy and Ocean Resources) Alison Dettmer (415) 904-5240
  • (Federal Consistency) Mark Delaplaine (415) 904-5280
  • (Statewide) Vanessa Miller (415) 904-5200
  • A Telecommunication Device for the Deaf (TDD) is available at (415) 904-5200.

The Coastal Commission is not equipped to receive comments on any official business by electronic mail. Any information relating to official business should be sent to the appropriate Commission office using U.S. Mail or courier service.

COMMISSION OFFICES
Office Address Public Number
North Coast District 1385 8 th Street, Suite 130
Arcata, CA 95521
707-826-8950
North Central Coast District 45 Fremont Street Suite 2000
San Francisco CA 94105-2219
415-904-5260
Central Coast District 725 Front Street Suite 300
Santa Cruz CA 95060-4508
831-427-4863
South Central Coast District 89 S. California Street Suite 200
Ventura CA 93001-2801
805-585-1800
South Coast District 200 Oceangate 10th Floor
Long Beach CA 90802-4325
562-590-5071
San Diego Coast District 7575 Metropolitan Drive Ste. 103
San Diego, CA 92108-4402
619-767-2370
Headquarters Office 45 Fremont Street Suite 2000
San Francisco CA 94105-2219
415-904-5200