Meeting Agenda
April 2019

Monterey County
168 W. Alisal Street, First Floor
Salinas, CA 93901

Wednesday April 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. Public Agency Presentations

Presentation by California State Parks Monterey District on State Parks coastal parks/beaches in the Monterey County area.

6. Chair's Report

Statewide

7. 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)

North Coast District

8. Deputy Director's Report

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.

9. Consent Calendar (removed from Regular Calendar)

10. Coastal Permit Applications

a. Application No. 1-17-0200 (Loleta Community Services District, Humboldt Co.)

Application of Loleta Community Services District to improve Loleta’s wastewater treatment system to meet discharge standards by: (1) upgrading existing wastewater treatment facility with new influent pump station, pre-screening rotary drum screen, extended aeration secondary treatment, and ultraviolet disinfection system; (2) repairing existing subsurface pipe that discharges treated wastewater to wetland tributary of Eel River; and (3) installing new land application system for irrigation of approx. 50 acres of agricultural land with treated wastewater. The project is located at the treatment plant at 2656 Eel River Dr. and on surrounding agricultural lands extending southwest of the intersection of Eel River Dr. and Cannibal Island Rd to the Eel River southeast of Duncan Rd, Loleta, Humboldt County. (CK-A)

Energy, Ocean Resources & Federal Consistency

11. Energy, Ocean Resources & 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.

12. Consent Calendar (removed from Regular Calendar)

 Please note: Items W13a and W14a, below will share a combined staff report and hearing.
And, Items W13b and W14b, below will share a combined staff report and hearing.

13. Permit Amendments

a. Permit No. E-08-021-A1 (AT&T Corp., San Luis Obispo Co.)

Request by AT&T Corp. to amend permit to state waters portion of previously approved subsea fiber optic cable to require periodic surveys of cable only after an event or physical phenomenon that could result in a cable becoming unburied, rather than the current practice of every 5 years, Montana de Oro State Park, San Luis Obispo County. (JW-SF)

b. Permit No. E-00-004-A2 (AT&T Corp., Mendocino Co. and San Luis Obispo Co.)

Request by AT&T Corp. to amend state waters portion of previously approved subsea fiber optic cable to require periodic surveys of cable only after an event or physical phenomenon that could result in a cable becoming unburied, rather than the current practice of every 5 years, Manchester State Beach, Mendocino County and Montana de Oro State Park, San Luis Obispo County. (JW-SF)

14. Federal Consistency

a. CC-005-09 (AT&T Corp., San Luis Obispo Co.)

Consistency Certification of AT&T Corp. for portion of Permit No. E-08-021-A1 in federal waters involving amended consistency certification to require periodic surveys of cable only after an event or physical phenomenon that could result in a cable becoming unburied, rather than the current practice of every five years, Montana de Oro State Park, San Luis Obispo County. (JW-SF)

b. CC-078-00 (AT&T Corp., Mendocino Co. and San Luis Obispo Co.)

Consistency Certification of AT&T Corp. for portion of Permit No. E-00-004-A2 in federal waters involving amended consistency certification to require periodic surveys of cables only after an event or physical phenomenon that could result in a cable becoming unburied, rather than the current practice of every five years, Manchester State Beach, Mendocino County and Montana de Oro State Park, San Luis Obispo County. (JW-SF)

c. CD-0001-19 (Bureau of Indian Affairs, Trinidad) Postponed

Consistency Determination of Bureau of Indian Affairs for federal funding guarantee to Cher-Ae Heights Indian Community of Trinidad Rancheria for 100-room hotel, adjacent to Trinidad Rancheria’s existing casino, off Scenic Dr., Trinidad, Humboldt County. (JW-SF)

Enforcement

15. Enforcement Report

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

 Please note: Items W15.1 and W15.2, below will share a combined staff report and hearing.

15.1. Consent Cease and Desist Order CCC-19-CD-02 (Mattos, Marin Co.)

Public hearing and Commission action on a proposed administrative order directing and authorizing John Mattos to: 1) remove unpermitted development located within and adjacent to wetlands, including unpermitted fill and culverts, from; and 2) cease and desist from undertaking additional unpermitted development at; 5501 Middle Road, unincorporated Marin County (APN 100-050-32); and 3) resolve civil liabilities. (JD-SF)

15.2. Consent Restoration Order CCC-19-RO-01 (Mattos, Marin Co.)

Public hearing and Commission action on proposed administrative order directing and authorizing John Mattos to: 1) take restorative actions, including: removal, remedial grading, and revegetation activities; 2) provide additional protection of coastal resources on the property to address temporal losses of habitat, including wetlands habitat; and 3) implement long-term monitoring program to ensure successful restoration of restored areas at; 5501 Middle Road, unincorporated Marin County (APN 100-050-32); and 4) resolve civil liabilities. (JD-SF)

North Central Coast District

16. Deputy Director's Report

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.

17. Consent Calendar (removed from Regular Calendar)

18. New Appeals

a. Appeal No. A-2-MAR-19-0007 (North Marin Water District, Inverness, Marin Co.) Withdrawn

Appeal by Owl Mountain LLC on behalf of Young family of Marin County decision granting permit with conditions to North Marin Water District to replace two public water supply storage tanks with new 125,000-gallon tank at terminus of Drakes View Drive in unincorporated Inverness area of Marin County. (EM-SF)

19. Coastal Permit Application

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

Application of 2 Mirada Ownership Group and Casa Mira Homeowner’s Association to construct an approx. 240-ft. long tied-back concrete seawall with public access staircase fronting both residential development and California Coastal Trail near where Mirada Road intersects the shoreline at the bridge over Arroyo de en Medio in Half Moon Bay, San Mateo County. (PF/SK-SF)

b. Application No. 2-18-0727 (San Mateo County Harbor District, Princeton-by-the-Sea, San Mateo Co.)

Application of San Mateo County Harbor District to dredge approx. 1,600 cu.yds. of sediment adjacent to Pillar Point Harbor public boat launch, allow for future sediment knockdown, and temporarily stockpile dredged sediment at Half Moon Bay Airport, in unincorporated Princeton-by-the-Sea area of San Mateo County. (JM/SD-SF)

Central Coast District

20. Deputy Director's Report

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.

21. Consent Calendar (removed from Regular Calendar)

22. Local Coastal Programs (LCPs)

a. San Luis Obispo County LCP Amendment No. LCP-3-SLO-19-0009-1 (Cannabis Regulations)

Public hearing and action on request by San Luis Obispo County to amend the LCP’s cannabis regulations to add new definitions and to amend existing definitions and allowed uses. (SC-SC)

b. City of Pismo Beach LCP Amendment No. LCP-3-PSB-18-0076-2-Part B (Circulation Element). Certification Review

Concurrence with the Executive Director’s determination that the action by the City of Pismo Beach accepting certification of LCP-3-PSB-18-0076-2-Part B with modifications (updating the City’s Circulation Element to provide a multi-modal transportation system plan) is legally adequate. (KB-SC)

c. Santa Cruz County LCP Amendment No. LCP-3-SCO-18-0095-3 (Residential Density). Certification Review

Concurrence with the Executive Director’s determination that the action by Santa Cruz County accepting certification of LCP-3-SCO-18-0095-3 with modifications is legally adequate. (RG-SC)

23. Coastal Permit Application

a. Application No. 3-18-0814 (City of Capitola Jetty Rehabilitation)

Application of City of Capitola-by-the-Sea to rehabilitate jetty that protects and maintains Capitola Beach, including by retrieving and restacking rock and importing approx. 380 cu.yds. of new rock, on beach and in ocean seaward of the City of Capitola-by-the-Sea in Santa Cruz County. (RG-SC)

b. Application No. 3-18-0650 (Harbaugh, Monterey Co.)

Application of Darla Harbaugh to redevelop existing 3-story single-family home, redevelop detached carport/workshop, and construct new retaining walls at 172 Spindrift Rd. within the unincorporated Carmel Highlands area south of the City of Carmel-by-the-Sea in Monterey County. (RM-SC)

c. Application No. 3-18-0841 (Santa Cruz Harbor Sheet Pile and Restaurant Replacement, Santa Cruz)

Application of Santa Cruz Port District to (1) demolish existing restaurant on western edge of Santa Cruz Harbor, (2) replace failing sheet pile wall beneath it, (3) rebuild restaurant and expand pier related to it, and (4) authorize previous closure of restaurant and adjacent public pier done pursuant to emergency CDP G-3-16-0067, at 616 Atlantic Ave. just inland of Harbor jetties in Santa Cruz, Santa Cruz County. (SC-SC)

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:

Fowler Packing Company v. CCC, Govt. Code § 11126(e)(2)(A)

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

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

In re Border Infrastructure Environmental Litigation, Govt. Code § 11126(e)(2)(A)

Kenneth & Diana Bell v. James A. Bell, CCC et al., Govt. Code § 11126(e)(2)(A)

Longi et al. 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)

Puvunga Wetlands Protectors v. CCC (Beach Oil Minerals, LLC et al. RPIs), Govt. Code § 11126(e)(2)(A)

Kaplan v. CCC (Henson RPI), Govt. Code § 11126(e)(2)(A)

Sierra Club v. CCC (Sweetwater Mesa), Govt. Code § 11126(e)(2)(A)

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

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

Sunshine Enterprise LP v. CCC, Govt. Code § 11126(e)(2)(A)

Venice Stakeholders Assn. 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

24. Approval of Minutes

25. Commissioners' Reports

26. Conservancy Report

27. Santa Monica Mountains Conservancy Report

28. Santa Monica Bay Restoration Report

29. Deputy Attorney General's Report

Thursday April 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.

South Coast District (Orange County)

5. Administrative Calendar

South Coast District (Los Angeles County)

6. Administrative Calendar

a. Application No. 5-18-1058 (Refold, Long Beach)

Application of Jay Refold to replace, like-for-like, approx. 6’ x 42’ dock float and add new gangway and gangway platform, at 77 Rivo Alto Canal, Long Beach, Los Angeles County. (DZ-LB)

b. Application No. 5-18-1060 (Zohrabian, Long Beach)

Application of Edward Zohrabian to replace, like-for-like, approx. 175 sq.ft. L-shaped dock float with no change in size, shape, or orientation, at 101 Vista del Golfo, Long Beach, Los Angeles County. (DZ-LB)

South Central Coast District

7. Deputy Director's Report

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.

8. Consent Calendar (removed from Regular Calendar)

9. Notice of Impending development

a. University of California Santa Barbara Notice of Impending Development No. UCS-NOID-0005-18 (Baseball Stadium Lighting)

Public hearing and action on Notice of Impending Development by the University of California Santa Barbara for installation of eight 90-100 ft. tall stadium light poles with LED luminaries and lighting at the stairways, walkways, bleachers, and concession area at the Caesar Uyesaka baseball field located on the Main Campus at University of California Santa Barbara, Santa Barbara County. (MK-V)

10. New Appeals

a. Appeal No. A-4-STB-19-0008 (Eisengart – Hollister Ranch Parcel 84, Santa Barbara Co.) Permit Withdrawn

Appeal by Commissioners Peskin and Groom of decision of County of Santa Barbara granting permit with conditions to Bruce Eisengart for construction of 800 sq.ft. guesthouse, 450 sq.ft. detached garage, 2 underground 5,000 gallon cisterns, and 1,960 cu.yds. of grading on Hollister Ranch Parcel No. 84 in Gaviota area of Santa Barbara County. (MK-V)

b. Appeal No. A-4-STB-19-0014 (Williamson – Hollister Ranch Parcel 83, Santa Barbara Co.)

Appeal by Commissioners Peskin and Uranga of decision of County of Santa Barbara granting permit with conditions to Joanne Williamson for construction after-the-fact approval of 8’ x 13’ pool, 308 sq.ft. pool/spa enclosure, 72 sq.ft. generator shed, ground mounted solar arrays, 192 sq.ft. garage/equipment shed, and 180 sq.ft. wine cellar converted to storage on Hollister Ranch Parcel No. 83 in Gaviota area of Santa Barbara County. (MK-V)

c. Appeal No. A-4-MAL-19-0013 (Dulepet, Malibu)

Appeal by Shobhan Paul of decision of City of Malibu granting permit with conditions to Rajiv and Leena Dulepet for construction of new 3,969 sq.ft., 2-story single-family home with 681 sq.ft. attached 3-car garage, 898 sq.ft. attached accessory dwelling unit, spa, grading, retaining walls, landscaping, hardscape, driveway, hammerhead turnaround, and onsite wastewater treatment system at 31535 ½ Pacific Coast Highway in Malibu, Los Angeles County. (DC-V)

11. Permit Amendments

a. Permit No. 4-13-0256-A1 (Uger, Los Angeles Co.) Postponed

Request by Thomas Uger to amend permit to modify configuration of recorded open space conservation easement area to allow for construction of a new driveway, at 2161 Encinal Canyon Rd., Santa Monica Mountains, Los Angeles County. (CG-V)

b. Permit No. 4-05-069-A3 (Uger, Los Angeles Co.) Postponed

Request by Thomas Uger to amend permit to allow for restoration of existing driveway, including 976 cu.yds. of fill and revegetation with native species, construction of new driveway (102 cu.yds. of cut, 16 cu.yds. fill), and after-the-fact approval of approx. 2,755 sq. feet of vegetation removal, at 2161 Encinal Canyon Rd., Santa Monica Mountains, Los Angeles County. (CG-V)

South Coast District (Los Angeles County)

12. Deputy Director's Report For Los Angeles County

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.

13. Consent Calendar (removed from Regular Calendar)

14. Coastal Permit Applications

a. Application No. 5-18-1082 (City of Los Angeles Venice Pier Rehabilitation)

Application of City of Los Angeles Bureau of Engineering for structural repairs to the Venice Pier, at Venice Pier, Venice, Los Angeles, Los Angeles County. (ES-LB)

South Coast District (Orange County)

15. Deputy Director's Report for Orange County

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)

16.1. LOCAL COASTAL PROGRAMS (LCPs)

a. City of Newport Beach LCP Amendment No. 4-17. Part B (LCP-5-NPB-17-0084-1)

Concurrence with the Executive Director’s determination that the action by the City of Newport Beach accepting certification of LCP Amendment No. 4-17 Part B, approved with suggested modifications on February 12, 2019, is legally adequate. The LCP amendment adds new regulations for Accessory Dwelling Units (ADUs) consistent with recent state law into the IP. (LR-LB)

b. City of Newport Beach LCP Amendment No. 4-17. Part C (LCP-5-NPB-17-0084-1)

Concurrence with the Executive Director’s determination that the actions by the City of Newport Beach accepting certification of LCP Amendment No. 4-17 Part C, approved with suggested modifications on February 12, 2019 and on February 26, 2019, are legally adequate. The LCP amendment modifies the Land Use Plan and the Implementation Plan (IP) portion of the LCP to add exceptions to the Shoreline Height Limit and to the IP portion of the LCP to include a new provision allowing for modifications and variances and revise IP sections to allow additions to nonconforming structures. (LR-LB)

17. New Appeals

a. Appeal No. A-5-LGB-19-0010 (Surf & Sand Resort, Laguna Beach)

Appeal by Mark & Sharon Fudge of City of Laguna Beach decision granting permit with conditions to Surf & Sand Resort to renovate existing resort hotel, including modified parking plan and parking layout, new mechanical enclosures, converting deck guardrails to glass, door and window changes, painting of all buildings, rooftop mechanical equipment reconfiguration, new air conditioning units, swimming pool ADA platform lift, hardscaping, and landscaping, at 1555 S. Coast Highway, Laguna Beach, Orange County. (MV-LB)

b. Appeal No. A-5-LGB-19-0011 (Bluebird #24, LLC, Laguna Beach)

Appeal by Mark Fudge of City of Laguna Beach decision granting permit to Bluebird #24, LLC for after-the-fact authorization of enclosure and conversion of 235 sq.ft. of deck area into internal floor area adding to existing 1,318 sq.ft. residential unit on ocean-fronting bluff property, at 1585 S. Coast Highway, Unit 24, Laguna Beach, Orange County. (MA-LB)

18. Coastal Permit Application

 

a. Application No. A-5-LGB-16-0098 (Kinstler, Laguna Beach)

Application of Charles Kinstler to remodel and add to 2,946 sq.ft. single-family home with attached garage on ocean-fronting bluff at 31505 Bluff Dr., Laguna Beach, Orange County. (MA-LB)

b. Application No. 5-18-0091 (Nobles, Sunset Beach, Huntington Beach)

Application of Anthony Nobles for major remodel consisting of 3-story, 3,076 sq.ft. addition to 3-story, 3,774 sq.ft., 35-ft. high (measured from centerline of frontage road) single-family home, resulting in 6,850 sq.ft., 3-story, 35-ft. high, single-family home with new 904 sq.ft. 3-car garage, on beachfront lot, at 16601 S. Pacific Ave., (Sunset Beach), Huntington Beach, Orange County. (MV-LB)

San Diego Coast District

19. Deputy Director's Report

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.

20. Consent Calendar (removed from Regular Calendar)

21. Local Coastal Programs (LCPs)

a. City of Del Mar LCP Amendment No. LCP-6-DMR-18-0097-3 (Downtown Initiative Overlay Zone Repeal)

Public hearing and action on request by the City of Del Mar to amend its certified Land Use Plan and Implementation Plan to remove language defining the Downtown Initiative Overlay Zone and repeal Municipal Code Section 30.54 (overlay zone). (SL-SD)

22. New Appeals

a. Appeal No. A-6-MBE-19-0009 (Dutta, San Diego)

Appeal by Monique Barnes from decision of City of San Diego granting permit with conditions to Anil Dutta to demolish 2 duplexes on 2 adjacent lots totaling 0.1 acres, consolidate lots and construct 30-ft. tall, 3-story, approx. 5,000 sq.ft. multi-family structure with 4 dwelling units, at 821-825 Island Court, Mission Beach, San Diego, San Diego County. (AL-SD)

b. Appeal No. A-6-ENC-19-0012 (Trask, Encinitas) Postponed

Appeal by Commissioners Brownsey & Padilla from decision of City of Encinitas granting permit with conditions to Travis and Alyssa Trask to renovate one story, 1,197 sq.ft. single-family home with detached 451 sq.ft. garage to construct 250 sq.ft. addition and interior and exterior remodeling on 14,090 sq.ft. blufftop lot, at 1470 Neptune Ave, Encinitas, San Diego County. (DL-SD)

23. Coastal Permit Applications

a. Application No. 6-18-1184 (Viola, Carlsbad)

Application of Theodore Viola to subdivide approx. 31,775 sq.ft. vacant lot into 2 parcels approx. 15,458 sq.ft. and 16,317 sq.ft. at southeast corner of Hoover and Adams Streets, Carlsbad, San Diego County. (CH-SD)

b. Application No. 6-18-1224 (Bayside Associates, LLC, Mission Beach)Withdrawn

Application of Bayside Associates, LLC to demolish 1,789 sq.ft. single-family home with attached garage, and construct 2,562 sq.ft., 3-story single-family home including attached 2-car garage on a 4,215 sq.ft. lot, at 3729 Ocean Front Walk, Mission Beach, San Diego, San Diego County. (SL-SD)

24. Permit Amendments

a. Permit No. 6-16-0108-A1 (SANDAG, San Diego)

Request by San Diego Association of Governments (SANDAG) to amend permit for construction of new light rail line to improve approx. half-mile of existing access road along west side of North County Transit District (NCTD) rail line and install new 80-ft. long bridge over Tecolote Creek, at NCTD right-of-way between Tecolote Creek and Milton St., San Diego, San Diego County. (AL-SD)

Statewide

Future Meetings:

The next meetings of the Coastal Commission are May 8-10, in Oxnard and in June 12-14, in San Diego.