Newport Beach Civic Center
City Council Chambers
100 Civic Center Drive
Newport Beach, CA 92660

(415) 407-3211

active during meeting only

Last Updated
October 10 @ 9am

Wednesday

September 7

2016

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 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

  1. ACTING EXECUTIVE DIRECTOR'S REPORT
    1. Executive Director's Report
    2. Legislative Report
      Legislative report and possible Commission action. (JA/SC-SF)
  2. STATUS REPORT ON EXECUTIVE DIRECTOR SEARCH PROCESS
    (SH/MW-SF)

SOUTH COAST DISTRICT (ORANGE COUNTY)

  1. ADMINISTRATIVE CALENDAR.
    See Agenda Categories .
    1. Application No. 5-15-1789 (Orange County Parks)
      Application of Orange County Parks for annual maintenance of service roads and trails within Talbert Regional Park, consisting of trimming native and non-native vegetation alongside trails to accommodate emergency and maintenance vehicle access in Talbert Regional Park, 1298 Victoria St., Costa Mesa, Orange County. (MR-LB) CONCURRED
    2. Application No. 5-16-0139 (Residential Holdings, LLC, Newport Beach)
      Application of Residential Holdings, LLC to replace 888 sq.ft. U-shaped float dock and four 18-in. square concrete guide piles with 980 sq.ft. T-shaped float dock and four 18-in. square concrete guide piles. Reuse and reduce pier and gangway, at 819 Via Lido Soud, Newport Beach, Orange County. (SV-LB) CONCURRED
    3. Application No. 5-16-0264 (Quijada, Huntington Beach)
      Application of Ernie Quijada to remove 548 sq.ft. rectangular dock float and two 14-in. square concrete piles, and install 548 sq.ft. U-shaped dock float and four 14-in. square concrete piles, at 16671 Carousel Lane, Huntington Beach, Orange County. (MR-LB) CONCURRED
    4. Application No. 5-16-0535 (Whitcher, Newport Beach)
      Application of Grant Whitcher to replace 760 sq.ft. dock system with 662 sq.ft. dock system, at 53 Linda Isle, Newport Beach, Orange County. (MA-LB) CONCURRED
  2. CONSENT CALENDAR.
    See Agenda Categories .
    1. Application No. 5-16-0074 (J, Cubed Properties, LLC, Newport Beach) ADDENDUM
      Application of J. Cubed Properties, LLC to demolish 2-story duplex and construct 3-story, 2,527 sq.ft., 2-unit residence with attached 2-car garage and 2-car carport on bay fronting lot, at 419 E. Edgewater Place, Newport Beach, Orange County. (FSY-LB) APPROVED WITH CONDITIONS
    2. Application No. 5-16-0336 (Davis, Newport Beach)
      Application of Morgan Davis to demolish single-family home at 106 Sixth Street, perform lot line adjustment to create beachfront lot, and construct 3-story, 2,928 sq.ft. addition to 2-story, 3,240 sq.ft., single-family home, resulting in 3-story, 29-ft.-high, 6,050 sq.ft. single-family home with attached 4-car garage, at 524 W. Oceanfront, Newport Beach, Orange County. (CO-LB) APPROVED WITH CONDITIONS

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. CONCURRED
  2. CONSENT CALENDAR (removed from Regular Calendar).
    See Agenda Categories .
  3. NEW APPEALS.
    See Agenda Categories .
    1. Appeal No. A-5-LGB-16-0075 (Montage Laguna Beach, Laguna Beach)
      Appeal by Penny Elia of City of Laguna Beach decision granting temporary use permit and coastal exemption to Montage Laguna Beach to establish and operate temporary off-site parking lot for resort employees on public land, at 30802 Coast Highway, Laguna Beach, Orange County. (ZR-LB) POSTPONED
  4. PERMIT AMENDMENTS.
    See Agenda Categories. An Amendment below 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 like other Consent Calendar items (See above) except that if that item is subsequently removed from the Consent Calendar by a vote of 3 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 material amendments are processed.
    1. Permit No. 5-13-039-A1 (Capistrano Shores, Inc., San Clemente)
      Request by Capistrano Shores, Inc. to amend permit granted with conditions for infrastructure improvements to mobile home park including replacement of utility lines, fence with wall, trash enclosure and utility transformer, landscaping, and repave driveway, at 1880 N. El Camino Real (Capistrano Shores Mobile Home Park), San Clemente, Orange County. (MA-LB) POSTPONED
  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. 5-13-1231 (Khalil, Newport Beach)
      Application of Marcos Khalil to demolish single-story duplex, and construct 29-ft.-high, 2,537 sq.ft., 3-story duplex, with 2 carports and 2-car garage on oceanfront lot, at 912 East Ocean Front, Newport Beach, Orange County. (MR-LB) APPROVED WITH CONDITIONS
    2. Application No. 5-15-1751(Orange County Parks, Newport Beach)
      Application of Orange County Parks for East Bluff drainage repair project to remove and reconstruct bluff drainage facilities, repair eroded areas within bluff utilizing 2,234 cu.yds. of fill and additional erosion protection, and implementation of on-site and off-site habitat restoration plans in Upper Newport Bay, Newport Beach, Orange County. (MR-LB) APPROVED WITH CONDITIONS
    3. Application No. 5-16-0203 (South La Senda Trust #109, Laguna Beach)
      Application of South La Senda Trust #109 to remodel 1,995 sq.ft. 2-story single-family home, addition of 386 sq.ft., and landscape and hardscape on bluff top lot, at 109 South La Senda, Three Arch Bay, Laguna Beach, Orange County. (ZR-LB) POSTPONED
    4. Application No. 5-15-2097 (Newport Banning Ranch, LLC, Newport Beach)
      Hearing Procedures ADDENDUM ADDENDUM 2
      Application of Newport Banning Ranch, LLC to abandon oil operations, clean and remediate soil, and subdivide 401 acre site into residential, commercial, mixed use, open space, park, and public street lots. Grade 2.8 million cu.yds. of soil and construct residential and commercial development including approx. 12-acres of roads, 37-acres of residential with 895 residential units, 45,100 sq.ft. of commercial use, 75 room resort and 20 bed hostel, 5 acres of park, and construct public trails within 324-acre Natural Open Space Preserve, and Oil operations would remain on 15 acres, at 5100 block of West Coast Highway, Newport Beach, Orange County. (AD-LB) DENIED
    5. E-mail correspondence concerning this item may be sent to BanningRanchComments@coastal.ca.gov

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:
  • 416 Grand Blvd. LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A)
  • Banning Ranch Conservancy v. City of Newport Beach et al. (Newport Banning Ranch LLC et al., RPI), Govt. Code § 11126(e)(2)(A) – see items W14d
  • Horizontal Development LLC et al. v. CCC, Govt. Code § 11126(e)(2)(A) – see items W14d
  • Capistrano Shores Property LLC v. CCC, Govt. Code § 11126(e)(2)(A)
  • Citizens Oversight, Inc. et al. v. CCC et al., Govt. Code § 11126(e)(2)(A)
  • Friends of the Canyon v. CCC (Longi et al., RPI), Govt. Code § 11126(e)(2)(A)
  • Fudge v. CCC et al. (Laguna Beach Golf & Bungalow Village LLC, RPI), Govt. Code § 11126(e)(2)(A)
  • Grassroots Coalition v. CCC (Lester et al., RPI), Govt. Code § 11126(e)(2)(A)
  • Hansen v. CCC (Silver Shoals Investors LLC, RPI), Govt. Code § 11126(e)(2)(A)
  • Lindstrom v. CCC, Govt. Code § 11126(e)(2)(A)
  • Pappas et al. v. State of California et al., Govt. Code § 11126(e)(2)(A)
The Commission is authorized to discuss these matters in a closed session pursuant to Government Code § 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code § 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code § 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

September 8

2016

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 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 (LOS ANGELES COUNTY)

  1. CONSENT CALENDAR.
    See Agenda Categories .
    1. Application No. 5-16-0341 (Dogan, Hermosa Beach)
      Application of Jarrod Dogan to excavate non-habitable basement additional 2 feet to create additional 493 sq.ft. habitable area within 3,169 sq.ft. duplex and landscape, hardscape, and drainage improvements, at 2426 The Strand, Hermosa Beach, Los Angeles County. (ZR-LB) APPROVED WITH CONDITIONS
    2. Application No. 5-16-0503 (58 The Strand LLC, Hermosa Beach)
      Application of 58 The Strand, LLC to demolish duplex and construct approx. 3,600 sq.ft. 3-story 30-ft. high single-family home and attached 2-car garage, at 58 The Strand, Hermosa Beach, Los Angeles County. (ZR-LB) APPROVED WITH CONDITIONS

ENFORCEMENT

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

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. CONCURRED
  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-CAR-16-0015-2 Part A (Westin Hotel and Timeshare) Certification Review
      Concurrence with the Executive Director's determination that the action by the City of Carlsbad accepting certification with suggested modifications of LCP Amendment No. LCP-6-CAR-16-0015-2 Part A is legally adequate. (EP-SD) CONCURRED
    2. City of San Diego LCP Amendment No. LCP-6-SAN-16-0027-4 (10th Update LDC)ADDENDUM
      Public hearing and action on request by the City of San Diego to amend the certified Land Development Code (IP) to add and update various sections dealing with permit processing, permitted uses, definitions and measurements, parking regulations, and minor corrections. (AL-SD) APPROVED WITH MODIFICATIONS
    3. Port of San Diego Master Plan Amendment No. 6-PSD-16-0001-1 (Shelter Island Boat Launch Facility Improvements) Certification Review
      Commission action on Port of San Diego's adoption of Coastal Commission certification of Port Master Plan Amendment No. 6-PSD-16-0001-1. (ML-SD) APPROVED
  4. REVISED FINDINGS.
    See Agenda Categories .
    1. Application No. 6-96-102-A2 (Solana Beach and Tennis Club HOA, Solana Beach)
      Consideration of findings for Commission's January 14, 2016 action denying request by applicant to amend permit for filling 5 sea caves at beach level, to construct erodible concrete infill of 75-ft.-long notch and to repair existing seacave infills, on bluff fronting 347-459 South Sierra Ave., Solana Beach, San Diego County. (ES-SD) POSTPONED

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. CONCURRED
  2. CONSENT CALENDAR (removed from Regular Calendar).
    See Agenda Categories .
  3. LOCAL COASTAL PROGRAMS (LCPs).
    See Agenda Categories .
    1. City of Redondo Beach LCP Amendment No. 1-16 (LCP-5-RDB-16-0021-1). Time Exension
      Public hearing and action to extend the time limit for Commission action for up to one year on request by the City of Redondo Beach to amend both the Land Use Plan and Implementation Plan to allow for Residential Care Facilities for the Elderly to be within areas zoned Public Community Facility on properties larger than 1 acre. (AD-LB) APPROVED
  4. NEW APPEALS.
    See Agenda Categories .
    1. Appeal No. A-5-VEN-16-0072 (Chavez, Venice, Los Angeles) ADDENDUM
      Appeal by Todd Darling and Gabriel Ruspini of City of Los Angeles granting permit with conditions to Phyllis Chavez for demolition of single-family home and construction of 2-story, 2,820 sq.ft. single-family home with detached 345 sq.ft. garage, 80 sq.ft. mechanical room, and 680 sq.ft. recreation room, at 710 California Ave., Venice, City of Los Angeles, Los Angeles County. (CO-LB) NO SUBSTANTIAL ISSUE FOUND
  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. 5-16-0478 (Whaler, LLC, Los Angeles) ADDENDUM ADDENDUM 2
      Application of Whaler, LLC to add 754 sq.ft. patio on public right-of-way, including 70 sq.ft. walk-up window service area and 684 sq.ft. full-service, sit-down dining area (with valet parking service and 120 off-site parking spaces proposed at Westside Leadership Magnet School at 104 Anchorage St.), at 10 Washington Blvd., Venice, Los Angeles, Los Angeles County. (SV-LB) APPROVED WITH CONDITIONS

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. CONCURRED
  2. CONSENT CALENDAR (removed from Regular Calendar).
    See Agenda Categories .
  3. LOCAL COASTAL PROGRAMS (LCPs).
    See Agenda Categories .
    1. City of Carpinteria LCP Amendment No. LCP-4-CPN-14-0832-1-Part B (Housing Ordinance). Certification Review
      Concurrence with Executive Director’s determination that action by the City of Carpinteria, acknowledging receipt, acceptance, and agreement with the Commission’s certification with suggested modifications, is legally adequate. (JP-V) CONCURRED
    2. County of Santa Barbara LCP Amendment No. LCP-4-STB-14-0835-2-PART B (General Package). Certification Review
      Concurrence with Executive Director’s determination that action by the County of Santa Barbara, acknowledging receipt, acceptance, and agreement with the Commission’s certification with one suggested modification, is legally adequate. (MS-V) CONCURRED
    3. County of Ventura LCP Amendment No. LCP-4-VNT-16-0033-1 (Phase II A Update). Time Extension
      Public hearing and action to extend the time limit for action for one year on County of Ventura’s request to amend its certified LCP to correct grammatical and typographical errors, and modify language relating to archaeological and paleontological resources, film production, parking, signs, tree protection, water efficient landscaping, noticing and procedures. (JP-V) APPROVED
    4. County of Santa Barbara Minor LCP Amendment No. LCP-4-STB-16-00341 (Montecito Architectural Guidelines and Development Standards Update)
      Public hearing and action on the County of Santa Barbara’s request to amend the Land Use Plan and Implementation Plan/Coastal Zoning Ordinance portions of its certified LCP to (1) modify the Montecito Architectural Guidelines and Development Standards applicable to the Montecito Community Plan area regarding basements, net floor area, retaining walls, and other minor corrections and language revisions, and (2) reduce the height limit for hillside structures within the Montecito Community Plan area from 32 to 28 feet. (MS-V) CONCURRED
  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. Appeal No. A-4-STB-14-0060 (Schlesinger, Santa Barbara Co.) ADDENDUM
      Application of Arnold Schlesinger for construction and operation of water well for irrigation of landscaping on project site that already receives municipal water from Montecito Water District at 1685 Fernald Point Lane, Santa Barbara County. (MS-V) DENIED
    2. Appeal No. A-4-STB-14-0073 (CTS Properties, Santa Barbara Co.)
      Application of CTS Properties for after-the-fact authorization of development of horse pasture and exercise track, involving 6,850 cu.yds. of grading (1,650 cu.yds. cut, 5,200 cu.yds. fill), importation of 3,550 cu.yds. of sand to amend soil for planting turf horse pasture and installation of new water well for irrigation, at 201 Toro Canyon Rd., Santa Barbara County. (MS-V) DENIED
    3. Application No. 4-16-0333 (Ventura Port District) ADDENDUM
      Application of Ventura Port District for annual maintenance dredging, over a 10-year period, in Ventura Harbor of up to 700,000 cu.yds. of material to be placed at 6 deposition locations in cities of Ventura and Oxnard, Ventura County. (JG-V) APPROVED WITH CONDITIONS

SOUTH COAST DISTRICT (ORANGE COUNTY)

  1. CONSENT CALENDAR (removed from Regular Calendar).
    See Agenda Categories .
  2. LOCAL COASTAL PROGRAMS (LCPs).
    See Agenda Categories .
    1. City of Huntington Beach LCP Amendment No. 1-16 (LCP-5-HNB-16-0031-1). Sunset Beach Specific Plan
      Public hearing and action to extend the time limit for Commission action for up to one year on request by the City of Huntington Beach to incorporate into the certified LCP the Sunset Beach Specific Plan. (MV-LB) APPROVED
    2. City of Dana Point LCP Amendment No. LCP-5-DPT-16-0035-1 (Town Center Plan) ADDENDUM
      City of Dana Point LCP Amendment No. 1-16 (LCP-5-DPT-16-0035-1) to amend the text in the City Certified Town Center Plan LCP, which is incorporated in the City’s Zoning Ordinance relating to building height, building frontage, parking, and project review /processing for Town Center, City of Dana Point, Orange County. (FSY-LB) CONCURRED
    3. City of Newport Beach LCP-5-NPB-15-0039-1 (Implementation Plan) ADDENDUM
      Public hearing and action to certify the Implementation Plan (IP) to complete the City’s certified Local Coastal Program (LCP). The IP includes development standards, zoning maps and community plans to carry out the policies of the certified Land Use Plan portion of the LCP, City Council Resolution No. 2015-99, Newport Beach, Orange County. (LR-LB) APPROVED WITH MODIFICATIONS

Friday

September 9

2016

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 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.

STATEWIDE

  1. EXECUTIVE DIRECTOR SEARCH PROCESS.
    CPS HR Executive Recruitment Materials
    Commission discussion and public comments on draft recruitment materials. (SH/MW-SF)

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. CONCURRED
  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. 1-16-0122 (City of Arcata)
      Application of City of Arcata to construct, as part of California Coastal Trail, approx. 3 miles of Class 1 multi-use trail along City of Arcata’s waterfront along Humboldt Bay with multiple bridges, trailhead, viewing platform, and interpretive signs from Samoa Blvd. to Brainard Slough, Arcata, Humboldt County. (CK-A) POSTPONED
  4. PERMIT AMENDMENTS.
    See Agenda Categories. An Amendment below 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 like other Consent Calendar items (See above) except that if that item is subsequently removed from the Consent Calendar by a vote of 3 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 material amendments are processed.
    1. Permit No. 1-15-0277-A1 (Mercer Fraser, Humboldt Co.)
      Request by Mercer Fraser to amend permit granted for continued seasonal extraction for a total of up to 270,000 cu.yds. of sand and gravel per year for period of 5 years from 2 separate locations at middle and upstream (southern) end of Sandy Prairie landform along banks of lower Eel River to modify special conditions for protection of snowy plover and yellow bellied cuckoo at gravel bars located off of (1) 700 Riverwalk Dr. and (2) 200 Dinsmore Dr., Fortuna, Humboldt County. (MBK-A) APPROVED WITH CONDITIONS

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. Proposal to Upgrade Mandalay Generating Station ADDENDUM
      Report by Commission staff and possible Commission action under Coastal Act §30413(d) on application for certification to California Energy Commission by NRG, Inc. to replace Units 1 and 2 of Mandalay Generating Station with 262-MW Puente Power Project, in Oxnard, Ventura County. (JS-SF) APPROVED
  2. CONSENT CALENDAR (removed from Regular Calendar).
    See Agenda Categories .
  3. Items F12a and F13a will be combined into a single staff report

  4. NEW APPEALS.
    See Agenda Categories .
    1. Appeal No. A-5-HNB-10-225 (Poseidon Water, Huntington Beach)
      Appeal by Orange County Coastkeeper, Surfrider Foundation, Residents For Responsible Desalination, and Commissioners Wan and Mirkarimi from decision of City of Huntington Beach granting permit with conditions to Poseidon Water for removal of storage tanks, conduct remediation, and construction and operation of seawater desalination facility within site of Huntington Beach Generating Station, 21730 Newland Ave., Huntington Beach, Orange County. (TL-SF) POSTPONED
  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. 9-15-1361 (Poseidon Water, Huntington Beach)
      Application of Poseidon Water to construct and operate seawater desalination facility at Huntington Beach Generating Station, 21730 Newland Ave., Huntington Beach, and intake and outfall structures in waters of the Pacific Ocean offshore of Huntington Beach, Orange County. (TL-SF) POSTPONED

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. CONCURRED
  2. CONSENT CALENDAR (removed from Regular Calendar).
    See Agenda Categories .
  3. LOCAL COASTAL PROGRAMS (LCPs).
    See Agenda Categories .
    1. Sonoma County LCP Amendment No. LCP-2-SON-15-0025-1 Part C (Carrington Ranch Zoning) ADDENDUM
      Public hearing and action on request by Sonoma County to modify the Land Use Plan and Implementation Plan to change the zoning for State Park’s Carrington Ranch property from Land Extensive Agricultural to Institutional and Public Facilities. (SR-SF) APPROVED AS SUBMITTED

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. CONCURRED
  2. CONSENT CALENDAR (removed from Regular Calendar).
    See Agenda Categories .
  3. NEW APPEALS.
    See Agenda Categories .
    1. Appeal No. A-3-SCO-16-0070 (Graves/Pohlmann, Santa Cruz Co.)
      Appeal by Stephen King of Santa Cruz County decision granting permit with conditions to Steven Graves and Marcus Pohlmann to construct 3,637 sq.ft. single-family development and gabion basket bluff protection structure on vacant lot on New Brighton Rd. on bluff top above Potbelly Beach in Santa Cruz County. (RG-SC) POSTPONED
  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. A-3-SLO-09-058 (DeCicco, San Luis Obispo) ADDENDUM
      Application by Frank DeCicco to subdivide and construct 4-unit residential and 18-unit hotel development, including underground parking and related landscaping and drainage improvements, at Ocean Blvd. and Old Creek Rd. in community of Cayucos, San Luis Obispo County. (DR-SC) POSTPONED
    2. Application No. A-3-CML-16-0057 (Henderson, Carmel-by-the-Sea)
      Application by Wellington S. Henderson to construct 8-ft-high, 63-ft-long upper bluff wall with faux bluff facing and drainage and landscaping improvements, at 26336 Scenic Rd in Carmel-by-the-Sea, Monterey County. (MW-SC) WITHDRAWN

Future

Meetings

The next meetings of the Coastal Commission are
October 5-7, in Ukiah and November 2-4, in North Central Coast.

Agenda Categories

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 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.

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

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.

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 & 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. Please summarize your position in two or three pages. You may attach any exhibits you feel are necessary. Please Note: 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 may 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. 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 § 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 district offices:

District Staff Member Address Public Number
North Coast District Bob Merrill 1385 8 th Street, Suite 130
Arcata, CA 95521
707-826-8950
North Central Coast District Nancy Cave 45 Fremont Street Suite 2000
San Francisco CA 94105-2219
415-904-5260
Central Coast District Susan Craig 725 Front Street Suite 300
Santa Cruz CA 95060-4508
831-427-4863
South Central Coast District Barbara Carey 89 S. California Street Suite 200
Ventura CA 93001-2801
805-585-1800
South Coast District Teresa Henry 200 Oceangate 10th Floor
Long Beach CA 90802-4325
562-590-5071
San Diego Coast District Deborah Lee 7575 Metropolitan Drive Ste. 103
San Diego, CA 92108-4402
619-767-2370
Energy, Ocean Resources
& Federal Consistency
Alison Dettmer 45 Fremont Street Suite 2000
San Francisco CA 94105-2219
415-904-5240
Headquarters/Statewide Vanessa Miller 45 Fremont Street Suite 2000
San Francisco CA 94105-2219
415-904-5200

A Telecommunication Device for the Deaf (TDD) is available by contacting the California Relay Services at 711.