One welcome to the third and final day of this month's social Commission hearing we'll begin with a roll call, please
Commissioner Bosco here Commissioner Dunlop
Commissioner Eskelante here
Commissioner Hart
present
Commissioner Jackson here
Commissioner Kelly
here
Commissioner Lopez, here
concern off
here
mission appreciative
Commissioner Turnbull Sanders here
Commissioner Williams
commissioner Wilson
present
chair Harmon
Here we have a quorum. Thank you very much. Could we please move to the virtual meeting procedures?
Good morning. This coastal commission meeting is occurring both in person and through zoom
This meeting is also being webcast and can be viewed online at cal-span.org.
If you have internet access and wish to watch or listen to the meeting only and not speak
on an item, we recommend you use CalSpan website.
Those who wish to address commission today can do so in person through the Zoom platform
or by phone.
The speaker request form may be found on the commission's web page.
and a scannable QR code for paperless submittals are available on the
Commission staff table just outside the meeting room. For those on Zoom, we have
posted virtual hearing procedures on the Commission's agenda web page which is a
guide on providing comments via Zoom or by phone. Members of the public speaking
during general public comments may be given up to two minutes to speak at the
discretion of the chair. Requests to speak during the general public comment
period will not be accepted after 9 a.m. on each day of the meeting. In order to
provide the opportunity for the broadest range of public participation you may
speak on a specific topic one time only each month. Those speaking on an agenda
item that is not general public comments are typically allowed two to three
minutes to speak at the discretion of the chair.
We will accept a request to speak on a regular agenda item up until the chair opens the hearing
on that particular item.
If you have internet access, please go to the commission's webpage and click on the
link to fill out a speaker request.
If you do not have internet access or prefer to testify by phone, please call the commission
staff at 562-477-9089. Again that number is 562-477-9089. Staff will provide you with
a telephone call and number and instructions for how to participate and provide testimony
by phone. We will manage speakers coming in and out of the meeting through a meeting organizer.
When it's your time to address the Commission, the organizer will invite you to turn on
your video and microphone or provide instructions on how to unmute the phone.
Madam Chair, that concludes the virtual hearing procedures.
Thank you very much, Simone.
Now we will go to agenda changes for today, please.
Mr. Schwing.
Thank you, Chair Harmon, and good morning to everybody who's joining us today.
There is an agenda changes sheet that was posted to the website that remains accurate
except for three additions this morning, which I will identify as I go through the list,
which is a little bit long, so bear with me.
Starting with item 8A, that was CDP application 123-744, the Pacific Gas and Electric project
If that is withdrawn item 8B CDP application 125, 285 the Sequoia Investments 10 project
in Humboldt County that's moved to consent.
Item 10A that's LCP amendment from the City of Dana Point for their zoning code and IP
reconciliation.
That's a time extension only.
That's moved to consent.
This morning, adding item 12A, that's CDP application number 524224, seaside coastal
living in San Clemente that's postponed.
Item 12B, also a new addition.
This is CDP application 524742.
This is the SCRA project in San Clemente that is postponed.
Item 12c, that's CDP application 524-751.
This is the City of Newport Beach Public Works Project.
That's moved to consent.
Adding this morning, item 12d, that's CDP application 524-801, the Dunwald application
in San Clemente that is postponed.
Item 14a, LCP amendment, LCP 6, CAR 2413-1, that's the Carlsbad housing element rezone,
that's moved to consent.
Item 14b, that's LCP amendment, LCP 6, CAR 2412-1, the Aura Circle open space rezone,
that's moved to consent.
Item 14C, LCP amendment, 6SAN, 22, 24, this is City of San Diego's transit priority area
parking reform, that's moved to consent.
Item 14D, another City of San Diego LCP amendment related to the first matter, their housing
action package 2.0, that's moved to consent.
Item 14e, the LCP amendment, SAN 2437-3, this is the de Anza natural amendment update.
This is just a time extension only.
That's moved to consent.
Item 15a, the CDP application 624-503, the Olnick application in San Diego.
That's moved to consent.
And last item 15B, CDP application 624-584, Carlsbad Buena Vista Creek maintenance is
also move to consent and that completes our agenda changes this morning.
Great.
Thank you very much.
And now we will move to general public comment, please.
Thank you.
Okay.
For members of the public, I will be announcing the names of the upcoming speakers and invite
you to speak when it is your turn.
a public comment.
We're going to take in-person speakers today first, followed
by a presentation by the San Diego Segal Society, and then we
need to trail all of the Zoom speakers until the end of the
day after their regular agenda. So if you are on Zoom waiting
for general public comments, you'll have to hang out for our
regular agenda, and we'll come back to you at the end of the
day.
So we'll start with in-person speakers. We have Walter Lamb followed by Adam
Leverins and then Maureen Ellenberger. You can approach the mic. I'm not seeing
Walter Lamb, Adam Leverins. Sorry, good morning commissioners and staff. I'm going
to talk a bit about the moorings in Newport Harbor and the city's unique
management style of public state trust lands which contribute to privilege for
wealth. I've got some slides that I hope can be called up. They have a residential
peer rate that goes into the Tidelands fund. These are houses with docks. It's
currently at 58 cents a square foot per year. Ten years ago, Mayor and Council
decided that they would only assess that fee on the physical footprint of the
dock. So for ten years, people with houses have been benefiting from free
boat storage over state lands at a loss of millions of dollars to the Tidelands
Fund. The chart on the right, when they sublet their spaces on their docks, they're supposed
to pay a small commercial marina rate, which is 99 cents a square foot, so 41 cents a square
foot more annually. And on the right hand side is the number of sublets that report
is subletting. There's 21 listed there. It's pretty common knowledge that far more sublet
than that. So that's another way the Tylons Fund is being deprived of revenue.
Could go to the next slide, please. I was able to find online three websites that assist
homeowners with subletting their slips. There's an article from the L.A. Times that says Newport
Bay boat slips give birth to lucrative site income for residents. And there's a map from
that website showing various prices for slips around the harbor. And it says that they have
assisted hundreds of slip owners in Newport and Huntington, but yet only 21
report is subletting. Next slide please. This is another couple of websites, one
called Snagga Slip and one called Doc Skipper. Again, there's slips rented there,
one of them for like $43,000 a year, another one for like $2,900 a month, then
and on the bottom there's some other ones.
There's also a Newport GIS map on the next slide.
They indicate which slips sublet
and if the pins are in the proper location,
they're not paying their fees either.
Yet the morning fees I paid 235% more for less access
and something's wrong here, thank you.
Good morning, Chair Harmon
and members of the Coastal Commission.
My name is Maureen Ellenberger.
I am a resident of Santa Barbara County,
the chair of the Santa Barbara Ventura chapter
of the Sierra Club, a fearless grandmother,
and a proud member of Third Act.
Thank you for the opportunity to speak.
I'm here once again to remind you
of the critical importance of your work
and to support your efforts in stopping the restart
of the corroded Sable pipeline on the Gaviota Coast.
Last April, when you met in Santa Barbara,
hundreds of people showed up to support the work.
We are all still depending on you and supporting your efforts.
That day, we met Joseph Bottoms, who was born in Santa Barbara.
He reminded us how long we've been fighting oil
disasters on our coast.
The next day, he gave my neighbors
a copy of the Santa Barbara Declaration
of Environmental Rights created by UCSB professors
and community members after the devastating 1969 oil spill
in the Santa Barbara Channel.
I've brought copies of that declaration for you all today.
It was presented as a resolution
in the U.S. House of Representatives
by Representative John B. Tunney on January 20th, 1970.
After the oil spill, Mr. Tunney spoke
about the continued devastation to our ocean waters,
our shorelines, and marine life
from ill-planned offshore oil drilling disasters.
His words remain painfully relevant today.
This declaration points out that centuries
of careless neglect of the environment
have brought mankind to a final crossroads,
and that the quality of our lives is eroded,
and our very existence is threatened
by the abuse of the natural world.
The people of Santa Barbara are still fighting
for these environmental rights,
not just for ourselves and our waters, but for everyone.
We urge you to continue this fight.
Stop the Sable pipeline from restarting
and potentially spilling once again?
Demand the development permit that no one else
in our state or federal government seems to care about?
The declaration's final paragraph calls us to action.
We resolve to act.
We propose a revolution in conduct
and we will begin anew.
Thank you for your thoughtful consideration.
Thank you.
Next is Cindy Hardin, followed by Wendy Leung,
Italia Salvage, Peter Kaz, Jonathan Ullman.
Cindy Harden.
OK.
Good morning, commissioners.
Let me turn that down.
I'm here, as usual.
I'm always talking about Bionna and often
about interim stewardship.
As we all know, this state is, I would say,
in Stasis about the future plans for this 577-acre ecological
reserve on the west side of Los Angeles.
I would dearly love to see more volunteer stewardship.
That means people going in and pulling weeds.
And usually, I speak generally.
Today, I want to be quite specific about areas C.
In areas C, grandfathered in have been little league fields.
And they're well loved by the community
and have been in use for many, many years.
Immediately adjacent to these little league fields
is habitat.
I mean, it is on the reserve.
That habitat at the moment is overrun with invasive plants
like castor bean and mustard and fennel, the usual suspects.
But then just a little bit to the west of it
is land that's below grade.
And every single rain season, vernal ponds form there.
There are willow trees.
There's mule fat.
Lots of habitat.
With this little league community,
you've got a ready-made pool of volunteers
that I know would be interested in helping
to make this more habitat and less weed choked land.
With some educational signage, you've
got a captive audience of people that might not necessarily
be the type to attend a Coastal Commission meeting and speak.
People who would benefit mightily
from learning about this unique coastal wetland
and have a stake in it.
As you know, we're all stakeholders there, right?
They're already stakeholders
because they go to Little League games there.
So Area C, baseball field,
Jason, volunteer stewardship, please consider that.
Thank you, thanks for all the good work you all do.
Thank you.
Wendy Leung.
Good morning, commissioners.
Thank you for the opportunity to speak today,
and thank you for your continued oversight
of Sable's work in the coastal zone.
I'm Wendy Leung.
I'm with the Center for Biological Diversity
and I live here in the San Fernando Valley.
And I was an Oxnard resident during the oil spill
10 years ago and even though it was 10 years ago,
I still remember how our local beaches were blackened
and our marine life and birds and so many things were dying
and suffering during that time.
And it's with those memories that I come to address you
and remind you that the Coastal Commission
must use its full extent of its authority
under the Coastal Act to ensure
that we don't experience another catastrophic oil spill
like that in the coastal zone again.
The county predicted this pipeline would spill once
every year and rupture once every four years,
even with installation of valves
that are intended to reduce spill volumes.
I just wanted to stress that once every year and a rupture every four years, we understand
that the Coastal Commission is in litigation over SABL's unauthorized work on the pipelines,
but the Commission must also require SABL to obtain a CDP, a Coastal Development Permit,
to restart this unsafe pipeline system and its associated infrastructure.
Time is of the essence.
contents that it will restart the pipelines and associated SYU infrastructure by September.
And no other agencies are providing the oversight, the environmental review and transparency
that's necessary to properly protect the coasts, to protect public safety and the environment.
Thank you.
Thank you.
Italia Salvage, Peter Kaz, Jonathan Ullman, Andrew Swertloff, Jenna McGovern.
Hi, my name is Jonathan Ullman, and I'm the Santa Barbara Ventura chapter director of
the Sierra Club.
Several of our members and allies have come here today from cities up the coast to be
with you today.
Thank you for your efforts to stand up for the California coast.
There appears to be a full assault on the environment in every corner of government
these days.
And history is long and its singular memory will be of your enforcement of the California
Coastal Act and most notably applying it for everyone, including Sable Offshore, a Texas
company that has chosen to run rough shot over your own rules in what appears to be
a strategy to act first and beg for forgiveness later, if at all.
A decade ago, Texas-based Exxon and Plains Pipeline
dramatically halted operations
when a corroded pipeline burst,
surging 450,000 gallons of crude
into Santa Barbara Channel.
Sable is betting our coast on the same corroded pipeline,
but it's not their coast to gamble with.
Please subject all activities in the coastal zone
to a new coastal development permit,
including restart of the pipeline.
Letting Sable regulate itself is just too risky a bet.
Thank you again for listening to the people of California
and protecting this gem for all.
Thank you.
I'm now seeing that Italia Savage switched to Zoom
instead of in-person.
And I will remind those that may have just joined us
that we're taking in-person speakers
followed by the Lohe Cove Sea Lion presentation.
And then we're trailing all other Zoom speakers
until after the regular agenda.
Next is Peter Kaz, Andrew Swertloff, Jenna McGovern,
Nikki Talebi, Brady Bradshaw.
Good morning, commissioners, and thank you
for the opportunity to speak.
I have a slide of pictures, yes.
Just want to give you updates on a project
that I have in Newport Beach on morning permit holders.
And I'm building this Jeep as a project,
and I was hoping to use it as educational
for less privileged kids and this is also
wheelchair accessible, wheelchair friendly,
so I can use it and if the staff can direct me,
how can I provide access for the kids
or people with disabilities volunteering for non-profit,
that would be great.
And at the same time, I would like,
if you guys be in Newport Beach,
I would like to give you guys a tour
and it has a great vibes, great energy.
And at the same time, I can show you
the challenges the mooring people on the mooring are facing
to take part of their boat or take their boat on there
and pick the lines.
If you go next picture, do some comparison.
Next picture, please.
Or next slide.
And so these are in the middle.
You see the moorings.
It's kind of difficult. It's challenging to get to them.
and we have, compared to that, we have the residential docks, it's much easier, it's
easy to access. And we have paying almost triple or double with the double challenges
that they have. At the same time, I would like to touch on
and we have some issue with the city trying to take away the lever board permits eventually
and by converting them to the license, so I was hoping the coastal commission can step
in and take a look at that, what's happening with the lever boards that we have a lot of
to speak with.
Thank you.
Thank you.
Thank you.
Good morning commissioners. My name is Andrew Swardloff. I'm here today
representing California Affordable Lodging Solutions or CALs. It's a 501c3
nonprofit dedicated to the mission of accelerating, expanding, and creating more
affordable lodging along California's coastline. Myself and my co-founders of
CALS have devoted most of our adult lives
to real estate development projects
and have seen firsthand the challenges
of building affordable lodging along the coastline.
I thank the commission for its efforts
in onsite mitigation, offsite mitigation,
and in lieu fees to help develop more affordable lodging.
Unfortunately, as we all know,
it has been a very difficult battle
in the last multiple decades to make that happen.
I've experienced this firsthand.
I've created a company called Stay Open Hotels
that was an innovative, affordable lodging brand.
We created the first ever public-private partnership
with the Port of San Diego,
and with the help of California Coastal Commission,
nudging the Port of San Diego
to build more affordable lodging,
we had in lieu fees available for that project
and we're converting a one-story building on Portland
into a 240-bed affordable lodging project.
Unfortunately, ultimately, the port terminated that project,
but it was definitely a start to something that we can do,
and my co-founders and I at Cal's
realized that we needed to really push more on this issue,
and Cal's, as a 501c3 nonprofit,
can be more involved in helping bridge the gap
between the public and the private sector.
And we hope to work more with the commission
to bring more affordable lodging along our coastline
and help with onsite mitigation, offsite mitigation.
And then leave.
Thank you.
Thank you.
Jenna McGovern, Niki Talebi, Brady Bradshaw,
Ella Bogdensky, and Steve Ray.
Good morning, commissioners.
My name is Jenna McGovern and I'm a UCSB student
with the Environmental Affairs Board
and the Greater Santa Barbara Coalition.
Thank you for taking my comment.
I'm here today to discuss
the devastating Sable Offshore Proposal.
Your action in April was a huge win for us
and a win in holding this corrupt company
responsible for its harms to the environment.
So I want to extend my gratitude
and assure you that we are still here
and still counting on you to be a force for us.
It's disappointing and angering
that Sable has continued its deceitful operations,
yet it is entirely not a surprise.
In an era where character, respect, and social responsibility seems hard to come by in our
current political and corporate structures, Sable has proven itself to fit right in.
Santa Barbara and our entire coastline can't handle a company like Sable polluting our
water in neighborhoods and we don't deserve it.
As previously stated, this isn't a gamble to take.
It's a known impact that this project has an annual spill rate if it restarts.
I'm urging the same requirement as the others in this room have said.
All activities in the coastal zone need to be subject to a new coastal development permit,
including restart of the pipeline.
We're counting on you as a California agency that is actually stepping up for us amidst
a sea of regulators that are choosing to be silent.
I'm in full support of your power and efforts to stop this dangerous project that will irreparably
damage our coastline.
I appreciate your time and continued efforts.
Thank you.
Thank you.
to Libby Brady Bradshaw Ella Bogdenski Steve Ray good morning commissioners thank you for
listening to talk listening to us talk about Sable offshore again my name is Nikki Talby
and I'm with UCSB's environmental affairs board I'm here with others who have spent 10 years doing
this and I just don't want that to be my future you have all been thinking on this for a while but
this issue has gone on for too long and further action must be taken. The
Coastal Commission was created for situations exactly like this, so I ask
you to hold strong and do not allow this pipeline to restart. We are watching one
of the most beautiful coastlines on earth, yet again threatened by a project
with no economic or structural integrity. We're all watching this issue, so please
stand up for us and hold your ground. Thank you. Thank you Brady Bradshaw,
Ella Bogdansky, Steve Rea. Hello Chair Harmon and commissioners. Thank you again
for your continued enforcement and other efforts to uphold the
California Coastal Act. We applaud your entire team's relentless work to fulfill
the Coastal Commission's obligations to protect our coasts and coastal
communities from harms brought about by SABL's activities in the coastal zone.
The commission has broad delegation of authority under the Coastal Act to protect and preserve
wildlife, marine fisheries, the natural environment, and communities along the California coast.
The Coastal Act requires a CDP for all development in the coastal zone.
While the commission has delegated much of its permitting authority over coastal development
to local governments through certified local coastal programs, the Coastal Act specifically
requires any developments located on tide lands, submerged lands, public trust lands
or any development which constitutes a major public works project or major energy facility
to obtain a CDP directly from the Coastal Commission.
Many CDPs issued by local governments remain appealable to the Commission.
Should local governments fail to enforce the requirements of the Coastal Act and its certified
LCP, this Commission is authorized to step in.
In our October letter to the Commission we detail why a CDP is required for restart.
We have not found any publicly available documentation that a CDP ever issued for this pipeline system
or other elements of SYU operations, but the final development plan and CUP for the system
referenced what was then a forthcoming CDP 47 times.
Given the county's failure to produce those documents and the significant modifications
to the original pipeline operation, the Coastal Commission must require a CDP for restart
of the pipeline and associated infrastructure in the coastal zone.
Thank you so much for your consideration and your continued fight for our coast.
Thank you.
Ella Bogdansky.
Hello, Commissioners.
My name is Ella Bogdansky, thanks for taking my comment.
I'm here with Nature Nexus Institute on behalf of the Biono wetlands, and I started my career
they're teaching field trips of school kids and it was really amazing and
beautiful to see how it inspires them and adults alike to take care of our
oceans and it's a really the site is a special showpiece that demonstrates how
we treat our waters inland and how that directly affects our oceans and our
coastlines and I also know that the public has very little access to the
site. Currently it's in the form of special guided tours and I talk to a lot
of people about what I do there and they're super curious so I feel that
there's a great opportunity. The site is a beautiful showpiece and it's really a
shame that it's locked up behind gates for most of the time so I'm hoping that
the Commission can support Nature Nexus and our efforts to increase public
access and stewardship to the land thank you for your consideration thank you
Steve Ray and then we'll move to our Ohio Cove sea lion presentations well
good morning madam chair commissioners and staff again I apologize for the
quality or lack of quality of my voice today I want to talk to you about
something different. Money. Commission always needs money. So and you've been
talking about it lately. I as somebody who has founded or co-founded 18
nonprofit groups and seven businesses, I know a little something about raising
money. Over the years in nonprofit field I have raised somewhere between half and
a full billion dollars. So I have a little experience. It's not the part of
this work that I enjoy the most. But if you're gonna do it, you'd better do it
well. To raise money, you need three things. You need to have a good message,
you need to have a passionate group of people, and you need to not be afraid to
ask for the money. And you have to make it easy on people in doing so. The
The commission has a great, great story to tell, a great mission, a great cause for being
in existence.
It's also a nonprofit group.
People can donate to the commission, and it's fully tax deductible under the law.
Most people don't know that.
I took a survey, and nobody knew that that I talked to.
You can also find other ways that you can get corporate funds donated.
You can have other nonprofits donate to you.
avenues are available to you and my and my associates are making an offer to you
that we would be willing to work with your staff and you in that effort to
try to raise more money. We've done a lot of different things and some creative
things over the years to do that and we're we stand ready to try to help you
and make it easier. I will look forward to talking to you in the future. Thank you.
Thank you. Next is Robin Davidoff and then Andy Field will follow up.
Andy Field, please accept being promoted to a panelist. Robin Davidoff, go ahead.
Hello. Sorry, I had trouble with my audio. Can you hear me?
Yes, we can hear you. Go ahead.
Thank you. Okay. Next slide, please.
I'm Robin Davidoff, I'm the Sierra Club Seal Society chair and in April the
commission approved the City of San Diego's update to the long-term management plan allowing
rangers staffed at Point La Jolla Sea Lion Rookery to monitor the adjacent La Jolla Cove
and make announcements on a bullhorn asking tourists to stay back from the sea lions
and create an incident report if harassment was witnessed. In May, June, and July there's been
little to no implementation. And thousands of daily visitors crowd around sea lions,
pet them and take selfies. Sorry, I'm getting something that says my visual background is
loading. Can you see me? We can't see you, but please just continue. I can hear you fine.
Okay. So where was I? Okay. So next slide please then. So the Seal Society averaged 40 volunteer
hours weekly during May 1st to July 31st,
keeping people in newborn sea lions apart.
And this is not our job and it's not sustainable.
We observed rangers during that time.
And we found on this chart
that there were little to no announcements
in May, June and July.
And as you can see in July,
there were 26 announcements from rangers,
that's less than one per day
and only three from the lifeguards.
Next slide, please.
So what checks can be made in order to make sure
that the city is successful in implementing their plan?
Well, one is to require park and rec senior staff
to conduct random weekly spot checks
to at the La Jolla Cove
and provide on the spot ranger training if needed.
And the CCC can also require monthly reports
with a number of announcements made
and incident reports made.
Next slide please.
From our hours and hours of experience,
the only thing that's really going to work
is to staff a ranger at the La Jolla Cove daily
to keep people a safe distance from sea lions
and place a ranger at the bottom of the stairs
so they're visible and can be heard.
And update the management plan
with a monitoring frequency of every 30 minutes
if the previous item can't be done.
And to make announcements in various languages
and record them and implement a protocol using cones
and tape around a big beach ceiling.
For public safety, close one gate on one set of stairs
always keeping the other stairs open for public access.
Thank you.
Andy Field.
Thank you, Chair and thank you commissioners
for the opportunity to speak.
My name is Andy Field.
I'm the Director of the Parks and Recreation
Department for the City of San Diego.
Go on to the next slide, please.
Today I would like to speak on the status
of the ongoing interactions between sea lions and people
at La Jolla Cove.
In many anecdotal observations, visitors
have been seeing people interacting too closely
with the wildlife to obtain photos, selfies,
or just to watch their behaviors close up.
There has been much dedicated and involved feedback
from stakeholders at La Jolla Cove.
and as a city we thank them for their ongoing engagement
and for their recommendations for operations at the Cove.
Next slide, please.
First and foremost, the city has no plans
to close the Cove.
The city instead plans to enhance onsite management.
Next slide, please.
As recommended by some stakeholders,
the city is working to expand
the existing park ranger role at the Hoya Cove.
We have already started this by extending the role
the park rangers to patrol the
cove. The city is also in the
process of hiring more park
rangers and we plan additional
support at the cove to come
from those additional park
rangers. Next slide, please. To
ensure consistency of
messaging, assigned park rangers
at La Jolla Cove will engage by
sharing a standard message for
any people interacting too
closely with wildlife, including
clarity. Human safety is our primary focus. Next slide. Stakeholders have also noticed
an increase in tour bus visits to La Jolla Cove. The city will work with tour bus operators
and tourism stakeholders to identify suitable drop off points for tour buses to help more
people visit the cove. Next slide. The city also plans to improve the signage at La Jolla
Cove. This will involve clarifying signage, reducing the clutter, and focusing message
on safety. Our team will collaborate with stakeholders to develop these signs.
Next slide. Another pathway we're exploring is adding cameras of the livestream so visitors
can see the cove prior to visiting it. Examples you see on the screen here include Hollywood
Beach in Florida and closer to home, the Elephant Seal Cam in San Simeon. Next slide. The city
He looks forward to serving park visitors, residents, business owners, stakeholders,
and all regional visitors as we continue to fine tune our approach to managing this valuable
and precious resource.
Thank you, Chair and Commissioners for the time today.
I'm here for any questions.
Thank you.
Okay.
Thank you very much.
Thanks to the public for commenting and to the public who is waiting until this afternoon.
And thank you very much to Mr. Field from the City of San Diego.
I'll bring it back to my colleagues for comments, questions.
Vice Chair Hart.
Thanks so much, Chair.
I just wanted to appreciate Mr. Fields' presentation
and thank them for working with staff in a more intensive way.
And as a former parks professional,
I know how hard it is to respond quickly
to a situation like this.
And it's just so great to see that they are ramping up,
that they are hiring more rangers,
because it's very dangerous.
Obviously, it creates a huge danger
for the sealant population or the seal population,
but it creates a huge danger for visitors.
So it's really important that the rangers are there.
As far as the record of announcements
go and that sort of thing,
I really look to the professionals
as they get more staffing
to determine what's appropriate there.
So I really look forward to further reports on their progress
and just want to express our appreciation.
Commissioner Lopez.
Thank you, Madam Chair.
Yeah, I just want to ask Mr. Fields.
He mentioned that we're seeing or anticipate increased
visitorship via buses.
And I'm curious if there could be consideration
for including an education component
before folks exit the buses as a requirement.
I think that's a great way to have
a captured audience that gets a little education before stepping
off into that environment.
And hopefully that bleeds over into the folks
who were not on a bus but joined as they see folks stay back
and perhaps share some of that education,
it could be helpful, just a recommendation.
Thank you.
Commissioner Wilson.
There was some discussion or some comments
around Newport Beach, the moorings in that situation,
as well as the docks.
I just want to recommend that folks
who want to communicate that to this commission
should also communicate that to the State Lands Commission as well directly.
They have meetings, they have communication, please do so.
Commissioner Preciado.
Well I absolutely appreciate the participation of the public, the interested parties in the
wildlife.
I just wanted to comment, our colleagues in the city of San Diego are going to extraordinary
measures to keep their entire city running. And so, there are parks in every neighborhood,
in the city of San Diego, there are resources in every neighborhood, and I'm pleasantly
surprised that a new investment can be made in the La Jolla Cove. I'm wondering if it
will become necessary to figure out other mechanisms to handle this matter.
In the future, I know everybody's looking for balance, access, protecting both the wildlife
and the human wildlife, some of them are wild we've seen, in visiting there, but I just
think I'm glad that they're able to do this, but I think it's really challenging for a
a city of their size with the financial problems they're having to tend to do this.
So they are to be commended for this extraordinary effort they're taking in bringing out more
support.
I'm certain that my council friends from the city of San Diego can enumerate hundreds and
hundreds of extraordinary priorities in their communities that also need resources.
So this is very impressive that such a thing can occur in this context.
The city of San Diego reported or you may have all heard three or $400 million budget
shortfalls in addition to other challenges.
And so this is impressive.
And with regard to the tour buses and things of that nature, maybe the commercialized component
can somehow be licensed if they are going to visit the wildlife and impact the wildlife.
Maybe that might be another way to source either volunteers or a cadre of wildlife professionals
who can be advising and making suggestions to people as they interact with the seals.
Thank you.
Or should not interact with the seals, I should say.
Thank you.
Any further?
Commissioner Jackson.
Thank you, Madam Chair.
Thank you for all our public speakers this morning.
Understanding that the wills of government turn slowly at times.
I heard a lot about, with regard to San Diego and the sea lines, and while not to sound
overly critical, and of course I'm going to sound critical, I'm just curious about what
We heard about our plans to take action.
And my first meeting was in San Diego in May,
where there were legitimate concerns raised
by a lot of people about the pups and how close people were
and breeding season and all those things.
And I don't quite understand why nothing
has been done between May and here we are now
in the middle of August.
No A-frame signs, no cones, no nothing
to show a clear separation of where folks should be
and where they shouldn't be.
And I certainly understand San Diego's
renown for its sea lion colonies,
and it's a big source of tourism.
And people are fascinated by that.
I certainly understand all that.
And I think access should be afforded to those to witness
this beautiful part of nature on the stunning San Diego
coastline.
But safety is always paramount.
And the fact that nothing, at least from our presentations,
has been done at all outside of an occasional increase of an
officer out there, I'm just fundamentally,
I don't understand how that is all that's been done up to this point since May.
So I don't know if the city wants to speak to that.
I certainly appreciate you being here.
I certainly appreciate what you're doing.
Understanding all the challenges.
And it's certainly easy for me to sit up here and throw stones.
But I just, I look at what in my mind is not that large of an ask or
a reach for a city in the name of safety to put something up to show a clear
delineation of where people should not cross.
Well, I think we're certainly very
grateful for the collaboration.
That's a critical, critical step.
Would staff like to respond to Commissioner Jackson
or to the discussion in general?
Thank you, commissioners to Mr. Jackson.
I don't have a direct response, obviously, to your queries.
We could see if the city wanted to respond
and just wanted to know where we continue to work with the city
and follow this.
We've talked with them a lot since May
about how do we keep things moving,
given all the constraints that they have,
personnel, budget, all those things.
How do, I agree with you, it is a public safety
and a wildlife safety concern.
So just to say we are continuing to work with them
and trying to push some action
within the realm of possibility for the city
and we'll continue to do that.
But I don't have specific information for you.
for you understand appreciate the collaboration and again we heard a lot
about what we're planning to do and here we are several months after this issue
first came to I mean not the Commission writ large but at least to my first
meeting in May so I'm just concerned that nothing more has been done at least
from what we've been told so thank you thank you commissioner Jackson any
additional questions comments seeing none thank you again to the public and
to mr. field for participating this morning so that brings us to item five
the consent calendar move to mr. Schwing when they're ready thank you all right
so that does take us on to item five which is the consent calendar for all
districts on the agenda today there's one project from the City of San Clemente
conditions are acceptable to the applicants there's no opposition so
staffs recommending that matter be approved on the consent calendar great
thank you very much are there any ex partes on this item hey no ex partes
are there any members of the public who wish to speak there are no speakers
Great.
Thank you.
Does anyone wish to remove this from the consent calendar?
No?
All right.
Well, I will entertain a motion to approve.
So moved.
Thank you.
Second.
Thank you.
That is a motion by Commissioner Kelly, a second by Commissioner Bochco.
Excuse me.
Any objection to unanimous consent?
Seeing none, the consent calendar is adopted.
And now we will move to those items that have been removed from the regular calendar, please.
Thank you.
Today we have items from Humboldt County, Orange County in San Diego that we're recommending
be moved to consent and I'll go over that list.
That's item 8B, CDP application from Sequoia Investments for some dock enhancements in
Humboldt Bay.
Item 10A, the Dana Point LCP zoning code IP reconciliation time extension.
Item 12C, the City of Newport Beach's Public Works project for a new ADA pathway near
the wedge in Newport Beach.
Item 14A, the City of Carlsbad's housing element rezone amendment.
And companion item 14B, the Aura circle open space rezone.
Item 14C city of San Diego's LCP amendment on their transit priority area parking reform.
Item 14D also the companion amendment from the city of San Diego their housing action
package 2.0.
Item 14E the city of San Diego land use plan amendment related to de Anza.
just an LCP time extension. Item 15A the Olnick application in Mission Beach for a new single
family residence and ADU. And item 15B the Carlsbad Buena Vista Creek maintenance. I
do want to note there is correspondence on item 12C. That's the ADA pathway from Newport
Beach on 14 B, Carlsbad's Aura Circle open space rezone and item 14 E, the time extension
on De Anza. Those were all in favor of these proposals. On item 14 A, the Carlsbad housing
element rezone. You want to note the property owner sent a letter, one of the property owners
involved there sent a letter that we received last night, or perhaps just this morning,
where they wanted to make sure that even with the suggested modifications that the project
site that they're in ownership of could still provide the density that was required and
there was a response from the city and we can affirm that the suggested modifications
would allow them to do so in terms of that yield.
Staff also received comments on items 14C and D, the City of San Diego's two LCP amendments
related to parking requirements and housing.
These comments expressed general opposition to the city's proposal regarding elimination
of parking requirements in transit priority areas.
The city's proposal here is in alignment with the state law adopted through AB 2097 and
as outlined in the staff report, suggested modifications are recommended to address the
public access and recreation issues associated with that.
So staff did not identify any changes to our recommendation necessary to respond and so
we're continuing to recommend those two matters be approved on consent.
there is an addendum item on item 15a the Olnick project in Mission Beach and that was
to require removal of encroachments into the public right of way which the applicant has
agreed to implement.
So with that staff recommends these items get moved to the consent calendar and approved
per the staff recommendations.
Thank you very much Mr. Schwing are there any ex partes to report on any of these items?
I don't know how much of an ex parte it is, but I received an e-mail yesterday from a
supporter of the ADA improvement in the Newport Beach project.
It's the 5-24-0751 that I then forwarded to staff.
Great.
Thank you very much.
And I have an ex parte to report on that same item, 12C, on Tuesday, August 11th.
At 835 p.m. I spoke via phone Tuesday the 12th, excuse me, spoke via phone with Don
Schmitz on behalf of the City of Newport Beach very briefly where he indicated his agreement
with the staff recommendation.
With that, are there any public commenters who wish to speak to any of the items?
Yes, and we have a number of people available or questions across all the items we have
Two that I'm seeing that wish to speak. We have Don Schmitz
For item 12c and he has a short presentation. I believe
Morning commissioners Don Schmitz on behalf of the city of Newport Beach. Did I hear correctly all the correspondence was
all the correspondence was in favor you need a taller microphone and
There's an old adage don't
sit and make a presentation on a yes, but I do just want to briefly say that we're very grateful for
the cooperation and coordination work of your staff. This is a critical vertical access way to the iconic beach of
the wedge,
which is world famous, and this will provide ADA access so folks can go down and watch the
surfers risk their lives against the jetty.
We do have a presentation, but I don't think it's necessary
I just want to reaffirm that the city Newport Beach has over the decades shown a real commitment to facilitating
Public access so I am available for any questions that you may have and if you're dying to see the PowerPoint presentation
I'm happy to give it. Thank you for your time
And then the other speaker we're able to find is David Thompson for item 14 be
David Thompson
You should be able to unmute
All right, fantastic. Thank you very much. And I am able to unmute. Hopefully you can hear me
Good morning commissioners. I'm David Thompson a cross my property owner and I
Support the open space designation for the requested specific conditions with the requested specific conditions ensuring
passive management with no trails
first legal precedent supports this request section
30,240 of the Coastal Act requires ESHA protection against any significant disruptions of habitat
values with only uses dependent on those resources allowed within ESHA.
The Bolsa Chica Court decision confirms that ESHA receive uniform treatment and protection
regardless of their condition.
own precedent at La Jolla Children's Pool demonstrates that public access is
subordinate to protecting fragile coastal resources. Second, this site
contains federally threatened species. The California Nat Catcher requires large
undisturbed habitat areas. The site has five acres of the again coastal sage
scrub habitat reduced by 80% regionally. Even well-meaning trails fragment
breeding areas. Third, the seasonal restriction are scientifically necessary.
The breeding season runs from February 15th to August 30th, and any public
access should at least be prohibited during this critical period to comply
with the Migratory Bird Treaty Act.
Fourth, perpetual protection is achievable.
The city should record deed restrictions under civil code section 815.2E, designating this
as a passive preserved, managed solely for habitat values, not recreation.
report emphasizes ecological connectivity to agua hebio de la guna and I think that
probably concludes my time. Thank you very much.
Thank you. We have no other speakers.
Great. Thank you very much. Okay. Do any commissioners wish to remove any of the items from consent?
Okay. I will entertain a motion to approve.
Move approval.
Second.
motion by Commissioner Pressiato a second by Commissioner Wilson any objection to
unanimous consent seeing none so adopted thank you okay and that brings us to
item 7 the North Coast DDR good morning chair Herman and commissioners item 7
is the deputy director's report for the North Coast District which includes one
waiver and one immaterial amendment this month staff is not aware of any
opposition and we are asking whether three or more commissioners object to
any items in this report? We are available for questions.
Great. Thank you. Are there any ex partes? And any speakers for this report?
No speakers. Okay. Do three or more commissioners object
to any item in the deputy director's report? Seeing no objections, the commission concurs.
Okay. Next we are at item 8A.
8A was withdrawn.
8B moved to consent.
So we are on item 9 which is the deputy director's report for Orange County.
If you want to report, there are three CDP time extensions and three waivers for projects
in Orange County.
There's no known opposition.
And we're asking whether three or more commissioners object to any of the waivers or the exception.
extensions in the report.
Great.
Thank you.
Any ex partes?
Any public speakers?
We have one available for questions.
That's it.
Great.
Thank you.
Do three or more commissioners object to any item in the report?
Okay.
Seeing no objections, the commission concurs.
Now we are at 11A, I believe.
Thank you.
That is correct.
Thank you.
Item 11a is an appeal out of the city of Laguna Beach and Janet Torres with our Long Beach
Office will be joining us remotely to do the staff presentation.
So I believe there is a PowerPoint if we could bring that up and Janet when you're ready
to go please proceed.
Thank you.
Good morning commissioners.
Item 11a is a substantial issue hearing for the appeal of a local CDP approved by the
city of Laguna Beach to convert a temporary pedestrian plaza into a permanent plaza and
the closure of Lower Forest Avenue to vehicular traffic. The applicant is the city of Laguna
Beach and the appellants are Village Laguna and Friends of Forest Avenue. Next slide please.
The project is located on Lower Forest Avenue between Forest Avenue and South Coast Highway
and the intersection of Forest Avenue and Glennery Street in the city of Laguna Beach
Orange County. This portion of Forest Avenue has been a pedestrian plaza known as the Promenade,
close to vehicular traffic since 2020 to support businesses during the COVID-19 pandemic. The area
surrounding this lower portion of Forest Avenue are primarily dining, retail, art, and park uses,
serving both residents and visitors. Next slide please. The City Approved project involves
designating the existing temporary pedestrian plaza as permanent by removing the existing
asphalt pavement, curb and gutters, adding drainage improvements consisting of 15-foot-wide
trench drains on either side of the street and permeable surfaces, adding brick pavers,
landscape and lighting improvements, raising the street to meet the grade of the sidewalks,
creating areas for art installations, and adding seats and tables for outdoor dining and gathering
for the general public to use. As part of the planning around this project and meeting other
goals, the city has expanded transit services, improved parking infrastructure, and made existing
parking spaces in the downtown area available to the public which were not previously open to all
visitors of the area. The appeal identifies three contentions which are limited to the adequacy of
the city to mitigate for the loss of parking and the ability for the design to manage flood hazards
and fit into the existing character of the community. Next slide, please. The
appellant's first contention is that the city's action is not sufficiently protective of public
access because it will result in the permanent loss of 48 parking spaces in an already parking
deficient downtown area, and it is inconsistent with the certified downtown specific plan,
which did not envision or recommend the permanent closure of Forest Avenue.
Furthermore, according to the appellants, the city failed to follow its own parking study.
While the project will result in the removal of 48 parking spaces on Lower Forest Avenue,
the city has provided a robust package of alternative parking and transit options to offset the loss.
The city reclassified 30 parking spaces at the nearby public library,
which will be available to the general public while the library is closed,
and leased seven previously private commercial spaces on Ocean Avenue for residents with the
shopper's permit to use, as shown in this slide. In addition, the city has made several
public transit improvements, including expansions of the Free Laguna local and Laguna trolley,
which are available to all visitors and residents to mitigate for vehicle demand in the downtown
the city. In addition, a recent award by OCTA of $7.2 million to extend the trolley and on-demand
services will further enhance the public transit. Next slide, please. The appellant's second
contention is that the city did not adequately address the 100-year flood hazard and the
project's capacity to withstand such flooding, which is inconsistent with the land use element
policies that require that analysis. While the city did commission a hydrology and hydraulics
report by SOMAS, the study was limited to examining only the 25-year occurrence and determined that
the current design of the project was adequate. However, the project is located on a floodplain
and must demonstrate compliance with both the city's regulations and those of the Federal
Emergency Management Agency, which required analysis of its potential capacity to handle
larger storms. To ensure the project's consistency with FEMA and city floodplain regulations,
the project is conditioned such that the city's work permit may not be issued until the 100-year
storm analysis is conducted and the floodplain administrator has issued a floodplain development
building permit. Furthermore, the current proposed design considers flood hazards and
provides flow capacity and drainage system improvements, including additional landscaped
areas, tree wells, and permeable pavement. Finally, the Appellant's third contention
is that the City's review of the project did not adequately evaluate adverse impacts
on coastal resources, hazards, and the character of the surrounding area, which is inconsistent
with various sections of the LCP. The intent of the downtown's specific plan is to identify
the need for increasing the enjoyment opportunities of the vibrant downtown while providing for
pedestrian safety in a visitor serving portion of the city. As stated the proposed development as
conditioned takes into account flooding hazards access and recreation and community character of
the downtown area. Additionally the reduced amount of the vehicular traffic will also decrease the
polluting particles and fluids generated by vehicles traveling and parking on the street.
The increase in previous surfaces and reduction in vehicular traffic will reduce some runoff
on site and improve water quality by allowing stormwater runoff to be filtered before reaching
the Pacific Ocean. Overall, the project provides for a reduction of two adverse impacts on
coastal resources from vehicles and road infrastructure and improves the character of the surrounding
area. The city provided sufficient analysis for the review criteria of its decision to
approve the proposed project. Next slide, please. In closing, staff concurs with the
findings made by the City and believes the City provided adequate legal support for its
decision to approve the subject project. Staff therefore recommends the Commission find no
substantial issue with regard to the contentions on which the appeal was filed. The motion
to accomplish this can be found on page four of the staff report. This concludes the staff
presentation. Staff is available for questions. Great. Thank you very much. Are there any
any ex partes on this item? Okay. Seeing none, we'll open the public hearing and go to the
appellant. Three minutes, please. Good morning, sir. If you could please turn the mic on,
select that button, and please state your name, sir. Thank you.
Yes, good morning, commissioners and staff. My name is Merrill Anderson, and I'm president
of Village Laguna. We are here today as partners with you sharing a commitment to protect and
enhance California's coast and ocean. We need your help in upholding the very principles
we stand for. Laguna Beach is a success story that we all share. It is the only entire city
in the country designated by the National Park Service as a historic American landscape.
We ask that you find that our appeal raises a substantial issue violating our local coastal
plan. Here you can see the substantial reduction in parking requirements between the previous
and current downtown specific plans. Laguna has over 6 million visitors a year and these
reductions were very controversial. To mollify the public, the revised downtown specific plan
included a provision that the city cannot remove public spaces if the parking occupancy
level will exceed 85 percent. The Coastal Commission approved that hard number in 2020.
Next slide, please. The parking consultant for the downtown specific plan found occupancy
levels frequently in excess of 85 percent in summer. Those are the red areas on the
chart that you see. Next slide, please. DKS gathered its data for on-street parking in
the off-season late October.
DKS concluded that the public parking occupancy levels
mostly remained under 85%.
In other words, exceeded 85%.
Next slide, please.
Four days ago, the city changed its mind,
saying DKS found that the threshold is under 85%.
The addendum copied the language
without verifying the claim.
Claim is false.
The closure of Lower Forest Avenue is prohibited. We ask the
City to comply with the downtown specific plan.
Next slide, please.
The plain language of the LCP zoning code clarifies that a
project must comply with the general plan elements to comply
with the LCP. Next slide, please.
The City never evaluated the project for conformity with the
safety element. The City's letter and the addendum say the
will do it later. But the City is asking for a finding of LCP conformity now.
Next slide, please. Well, how much worse will the floods be when the entire street is raised
to the level of store entrances? We've had three 100-year floods in the last 55 years.
Next slide, please. We submit a petition with 875 signatures opposing the promenade, including
over 100 business owners. What's at stake today is not just Laguna Beach, but it's
a precedent for other coastal communities. You've always been our backstop. We need
you to have our back today. Appold the appeal. Grant the de novo hearing. Thank you so much.
Thank you, sir. Thank you for all you do, too.
Thank you. Okay. Is there a representative from the city?
Good morning.
Good morning commissioners. My name is Mark Oregon and I am mayor pro tem of Laguna Beach.
We support staffs recommendation for a finding of no substantial issue.
Next slide.
There you go.
The yellow box on the slide is of the single block that is the promenade today.
It's a single block where people matter more than cars.
All around that box there are cars and more cars.
So the place for people has become sacred.
I'm going to talk about why the Promenade works today.
I offer this as a 40 year resident of Laguna Beach
and after two and a half years on city council member.
Next slide.
I'm on the Promenade four to five days a week.
I'm there because it's where people gather,
people stop, eat, talk.
They shop, they run into friends as well as strangers.
The international voices on the Promenade are remarkable.
Visitors and residents take photos with the artwork get ice cream they linger they listen to buskers next slide, please
The new project design enhances this gathering space without impacting
Hydrology indeed our hydrology study shows that in a 25 year storm the infiltration is better than today's conditions
Our parking studies done in both peak and off-peak times show that we do not we do not exceed the 84 to 86 percent
utilization rate. Remember that this interim project has been in place since 2020. Remember
too that we have our free trolley. Our trolley stops and microtransits are all around the
promenade. Next slide, please. I value the appellant's voices. They have a different
perspective but I respectfully, it's not predominant. Our June 12th hearing on the promenade had
a packed house. This was after 13 focus groups, a separate city council meeting, and one joint
meeting of council and the planning commission. Yes, the appellant presented a petition and
I don't minimize that, but I wish you were in the room to hear the promenade support.
These were folks who came to City Hall in person who took time out of their evening
to attend a council meeting. We heard from all ages, but the voices of the kids were
the best. We heard the promenade has a new energy, where music plays, where art lives,
where families stroll, a place to walk, meet up, eat, and just enjoy being without cars.
I support any opportunity for more people and less cars. Next slide, please.
It's one block, one block for people. The city staff is online and available should
you have any technical questions about the appeal, such as parking or hydrology. I respectfully
urge you to adopt staffs recommendation thank you very much thank you any
qualified speakers yes and I'm also confirming that we have Laguna Beach
City staff online available for questions we have three speakers sign up
that are qualified we have Tony Eisenman in person and then Brian men and
Catherine jerka on zoom Tony Eisenman good morning I think it's still morning
Is it my name is Tony Iseman and I served on the City Council for 24 years
Four times mayor and also had the privilege of being a Coastal Commission during that period
I've devoted my career to environmental activism both inside and outside our little town. I
moved there in 1970 and
It was historic then and it's a much more historic now
And it's something we need to hold onto.
It's a real concern, because the businesses,
not just along Forest Avenue, but all along the Coast
Highway, are very concerned about the promenade
and the lack of parking that is potentially there
if we do this another way.
100 business owners signed a petition
that says no, no, to the promenade.
It is a little bit like Disneyland,
and Disneyland's not very far from Laguna.
They can go to Disneyland,
but they'll never be able to find anything
like the promenade.
The construction of the promenade
will have a huge impact on the businesses
that are there right now.
And one of the things about our businesses
is they're one of a kind.
We have tried not to have chains in our downtown,
but it's gonna be hard for those businesses
to survive the incredible construction that this will take.
So we're hoping that you will vote to keep the history
in Laguna there, thank you.
Brian Mena, I haven't been able to promote Una
as a panelist, but you should be able to unmute
as an attendee right now.
Yes, my name is Brian Mena.
Do you have my, do you hear me?
I guess we can hear you.
Okay, I'm a land planner, a 60 year resident
and qualified individual to assess projects.
This project is probably the worst project
I've ever seen in my career
as far as not meeting any public review.
And this project is a major public works project
as defined by the California Coastal Commission.
It requires an EIR and a CEQA.
The city has skirted this issue
by using a new untested law by Caltrans
as a slow streets program to bypass any public input.
The project as designed has no ability
to service police, fire, staging areas and access,
which was formerly the road that they had closed off.
So if there's an incident,
they have to park on the other north-south streets
that are around which would cause
probably one to two hour backups
in case of medical aids or fires.
The permanent substandard alignment for the road
that has been arranged goes into a detour
in the alley around Forest Avenue,
but this is one of three streets that Laguna Beach has.
We only have three grid streets that are east-west
that goes to the beach.
They're taking one third of it and blocking it off
and putting us into a detour.
This removes the vital access and viability
for us residents to get to downtown.
There are 90 empty stores in Laguna Beach
because of no parking, no direct access and high rents.
This violates the Laguna Beach General Plan Policy 6H
so a one-for-one parking replacement
should be considered for any plan.
The Kelso Commission staff suggested
Strive for no net loss on public parking spaces
when the 2019 village entrance was done.
There's no budget, no EIR, no CEQA,
and we've lost 100 spaces in downtown in the last six years
with the last two city projects.
Where will these 7.4 million visitors
that come from the $1 million a year,
the city spends to bring people in go.
They do not come in, they come in cars,
They don't come.
Thank you.
And then we had one other speaker, Catherine Jerka,
but we're unable to find them.
I'm here in person.
Oh, OK.
Sorry.
Sorry.
Good morning, Chair Harmon and commissioners.
It's really a pleasure to be here in front of you.
I admire your work very much.
I was not actually expecting to be able to speak,
because I thought the rules of a no substantial issue
sort of limited us to one speaker.
I just want to point out a couple of things.
I urge you to find a substantial issue
and grant the de novo hearing.
The appellant could only really focus on the objective issues.
It just wasn't possible to go into the design review
consideration and what it means to Laguna
to lose the historic gateway to its downtown,
this hundred year old street that is really the centerpiece of Laguna I I'm
very sympathetic to the idea of more pedestrian friendly spaces not just in
Laguna not just in our downtown but all over I do want to point out though that
when the DSP was revised in 2020 you received a hundred letters opposing the
revision, and a lot of it had to do with the concerns about the new parking standards.
You saw a slide that showed that they were greatly reduced for new businesses.
And the measure that was added as a kind of as a compromise, or to assure the public that
they would not lose too many parking spaces, was that 85% occupancy level threshold.
It is not 84 to 86 percent, it is 85 percent.
It is written clearly into the DSP.
It is a requirement, it is not a suggestion.
It may seem like a technicality, it doesn't feel that way to the community.
The city did not do an adequate parking study for the project and so I urge you to anyway,
thank you very much for your time.
Thank you.
No more speakers.
Thank you.
So we'll close the public hearing and return to our staff if they have any closing thoughts.
Thanks very much.
So the issues that were raised here are of course addressed in detail in the staff report
and the staff report addendum.
I did want to note that the city is uniquely positioned to rely on its excellent public
transit system that it has in place.
There is remote parking and a shuttle system that they have in place that is really something
unique to that community and really helps out here.
So we continue to not have any concerns with this particular proposal and we're recommending
no substantial issue.
Thank you.
Okay.
Thank you very much.
So I'll bring it to the commission if there are Commissioner Jackson.
Thank you, Madam Chair.
Thank you to our speakers.
I quite frankly love what Laguna Beach and so many other cities throughout our great
state blessed with some of the best weather in the world are envisioning to improve the
outdoor experience for visitors and residents alike.
I appreciate the steps that Laguna Beach has taken to mitigate against the parking challenges.
And as we move forward, we cannot let parking be the reason so many good projects fail to
move forward.
I think this proposed project will enhance the experience for both visitors and residents
alike, bringing lasting benefits that reflect Laguna's unique character and expanding opportunities
for more to enjoy.
Vice-chair Hart.
Thanks.
Thanks. I want to align myself with the excellent comments from Commissioner Jackson and appreciate your articulate your excellent articulation of
How you feel about this, which I agree with. I do have a couple questions for staff or the city.
First of all, it sounds like one of the main parking is going to be at the library and I'm in when the libraries closed. So I was just curious, is the library open every day. What are the hours of the library and when will that lot be available.
I don't have that particular information,
but the city is available.
Yes, the staff I think is online, too.
Chris said, can you get them?
The mayor was here, but city staff's online, I think.
I can move on to my other questions.
Let me see if I can get them on Zoom for you real quick.
Yeah, hi, I'm Dave Kiff, I'm the city manager.
We do have some technical staff.
One would be Tom Perez or Anthony Vieira.
I can look for Anthony real quick.
Thank you.
OK, I'll just give my second question,
and he can respond to both.
The other is I was just curious what kind of shops
and restaurants are along there, and also what kind of provisions
have been made for disabled parking?
OK, Anthony's moved to panelists.
We can unmute him.
I can't hear you.
Anthony's been moved to panelists.
I've asked him to unmute so he can answer your question.
And what's his name?
Anthony Vieira.
Anthony Vieira.
OK, that'd be great.
Hi. Good morning commissioners. This is Anthony Viera, planning manager for the city of Laguna Beach.
The city's library hours are as follows.
The library is open from 10 a.m. to 7 p.m. Monday through Thursday and 9 a.m. to 5 p.m. Fridays and Saturdays.
Library is fully closed on Sundays. The 30 parking spaces available at the library property
would be available for general public use outside of the hours of operation.
So that would include weekday, band Saturday evenings, and all day on Sundays. And I apologize,
but as I was joining as a analyst, I was momentarily disconnected from this meeting. So if I could
have that second question one more time, I would be happy to provide you with a response.
I couldn't quite hear what you said, but it sounded like you didn't hear my other questions.
I heard, I did hear your answer and so it sounds like they're available in the evenings and on Sunday.
And that's the only alternative parking that the city has provided or is going to provide.
The city that was a recent addition to the downtown parking supply come January 1st,
there will be an additional 10 parking spaces that become available as the city's
Parkland program sunsets on January 1st in accordance with state law. Otherwise,
what I would point out is that the city is committed to continually improving its alternative
of transportation solutions.
We do, on an annual basis,
update the summer parking management plan
to optimize offsite parking lots.
We do have four peripheral lots
that are very well connected to our trolley system,
and we do enhance the trolley service each summer
to accommodate those demands.
Currently, the city is in the early stages
preparing preliminary plans for a potential future project involving the parking structure
in or around the site of the entrance as well.
Yeah, that's what I was thinking is that if you have, I don't know what the library lot
is like, but if you're really serious about using that for parking you might need to put
some kind of a parking, you know, I have no idea about it, so just it's good that you're
thinking about it.
And with regard to the city lots that the trolley runs from, are they generally have
parking for people. Yes. Yes they do. And so it's available on a general basis there's
plenty of parking would you say at those lots. I would say so. Okay. And that includes lots
outside of living the beach as well the city uses more recently we've also been highlighting
a program for dynamic parking signage that expresses in real time parking availability.
We were testing that out this summer with a log hat on Binnick County Road so that
as you're driving into town, you can see that sign not only identifying that there is available
parking on the site, but also providing that turnout opportunity as you're driving into
You can go to staff to you, sir.
I wanted to know what provisions were made for disabled parking for folks that are unable
to park at the library lot, even if it's available or somewhere.
What are those provisions?
And also if you could just describe, are these mainly tourist shops and cafes or what's on
that block?
And that could go to our staff too, if you'd like.
Either one.
For the accessibility question, I
might ask Tom Perez, city engineer,
who's also on this call to provide a response.
In terms of the tenant mix today,
there is a mix of restaurants and retail merchants.
Those retail stores include art galleries.
There are also some second floor offices in this general area.
So generally, mix-up instances that are both residents
And if someone could respond to the disabled parking provision, that would be good.
As far as the ADA parking, perhaps the city could enhance our understanding.
But there is parking throughout the downtown area that provides the ADA parking as well
as the transit provides that access as well.
Not sure if the city has anything more specific.
Yes.
Good morning, commissioners.
My name is Thomas Perez.
I'm the city engineer for Laguna Beach.
Regarding ADA parking spaces, I will point out there is one ADA space available in the
library parking lot.
We also have two ADA spaces at nearby public parking which is roughly 175 feet away from
the promenade that we refer to as the mermaid lot.
We have an additional accessible parking space in the public lot number two public
Glots 3 and 4 which are also immediately adjacent to the Promenade Project.
So those existing spaces will remain available and provide accessible parking in the immediate
area.
Okay.
The chair just asked me to ask you, since I'm the one talking, are the trolleys also
ADA outfitted so that people can get on and off the trolleys.
He's thinking.
I'm sorry, I'm not familiar with the trolleys.
Hi, Tom and Anthony.
Dave Kiff again.
The answer is yes.
They're all equipped with LIFs and accessible to persons with disabilities.
Yeah.
I mean, that's the only of the entire project.
That's the one concern I have and I would just urge the city to monitor if the life
If the library parking, the one spot is full or people are unable, you know, to access
the new pedestrian mall, which, by the way, does it exist today because somebody?
It does exist today.
It's been placed since June of 2020.
That it's been closed but not completely retrofitted or it has been already?
That's correct.
It's been closed so it has curbs and street markings and the proposed project is to smooth
that out and make it all pavers and DG.
You haven't gotten any complaints or lawsuits, God forbid, from the ADA community.
I'm not going to go ahead and know.
You would know.
All right.
Thank you.
Those are all my questions.
Commissioner Batschka.
Yes.
Thank you, Commissioner Hart, because those are some questions I wouldn't have thought
to ask.
I think the key here is the LCP, right?
That's what we should be conforming.
That's right.
And originally, you know, looking at the numbers, I feel like I'm reverbing here.
Originally looking at the numbers, it appeared that we were doing that, that we were, that
the LCP was being followed.
With the information about the library, which is 30 of the new spaces being closed, I would
say most of the time which is all day long and Saturdays how is that
accommodated in the 85% demanded by the LCP? Well to my knowledge the
parking study did account for that circumstance. I mean it's not available
so something else has to be available during those hours to make up that
number of 30. I would assume. Well, the 85% was not, I don't believe, counting
on the parking. I'm sorry, what? I don't believe it was counting on that additional
parking. That's what you said. It was looking at the additional parking. It was looking
at the parking as it currently exists. But perhaps, Janet, if you have some additional
information about that please go ahead.
Yeah, I would like to note that in the DSP there is a mention that there is an excess
of parking in the downtown area.
It's about the distribution of the parking.
And with the different transit modes, it connects people to where the parking is so they can
put the cars in the parking areas where it's available, get on either the trolley or the
on demand service depending on where they are and be brought to the downtown.
So you're comfortable that we are in conformance with the LCP.
That's my only concern.
Yes, we are.
Okay.
Because otherwise I'm enthusiastic about this project having come from Santa Monica where
we saw a promenade until COVID was actually very, very successful.
It's a nice oasis in a city, especially a tourist city where people don't have to worry
about crossing the street and getting hit by a car.
I think as a commission we've talked quite often now over the last several years that
parking has to become something that is not a primary, I think Commissioner Jackson said
this primary issue in improving projects because we have a lot more people and way too many
cars.
So everything that you've told me now, I feel much more comfortable.
So thank you.
Commissioner Notoff.
Thank you.
I just wanted to clarify on parking, my familiarity with this area, so you're going to close from
Glen Air down to PCH, right?
the area which has nice shops on it. I think Hobie's is there, there's a really
nice home place that I'd like to get pillow covers. But my understanding is
that the parking in this area is for commercial parking. I wanted to
clarify for the rest of the Commission that this is not beach access parking,
this is for commercial parking in this area and that's the thing that's under
discussion. So I just wanted to make that clear for the rest of the commission. And
in terms of the flood issue, it seems to me if you're going to be replacing an impervious
surface of the road with a pervious surface of pavers and DG, wouldn't that be an asset
for flood resilience.
That would be the other point I made there.
So I think it's the way that it's up to the city
to deal with the commercial viability of their downtown,
which is I totally understand is of concern to folks.
And I really respect your voices there,
but what's in front of the commission
in terms of consistency with the LCP and beach access
And water management, I think the staff has determined
that it's consistent with what's in the LCP.
Thank you.
If I may, I just wanna clarify
in terms of the parking in that area.
The parking isn't assigned necessarily
to commercial or beach, but it is shorter term.
So in that way, it's more oriented
to serving the businesses in that area.
But Main Beach is right there, it's a very popular beach.
And these parking spaces are certainly used
for visiting the beach.
But you would tend to wanna use the spaces
where there's longer term parking at the more remote lots
and then further up the road from the promenade.
So if people dash down to the beach and come back
in an hour, in a couple of hours or something,
but it's not all day beach parking.
That's right.
This is what the point I was trying
to get some clarification on.
Thank you.
Thank you.
Commissioner Presiata.
Pardon me.
I'm gonna pass, because I was gonna ask
about the comment from the speakers
about the public safety concerns.
And I think the city manager's presence
just gives me, alleviates my concerns
that they have planned that out.
So I'm gonna pass.
Thank you.
Commissioner Kelly.
Thank you Chair Harmon, I just wanted to mention
I didn't disclose an ex parte, I received an email
from the city manager who used to be my city manager.
We talked about this project coming before us
but just reiterated some of the items in the staff report.
I just wanted to make mention and I think this was,
elaborate further on some of the comments
that my colleagues had previously made
that it feels in a way that what is happening
in Laguna Beach is actually a great model
to what we want to see more of our communities doing
with respect to creative solutions around transit,
parking strategies, being very proactive
around using multiple modes to move people
to and from around the community
and not just relying on building more and more parking.
And I think as we've started,
in a lot of jurisdictions we're starting to do
more in-depth parking studies
and looking at the studies of human behavior
around how are people mode shifting
and that last mile connection for getting
to where you're trying to go, we're really
seeing a dramatic shift in how people
are able to make the decision to get out of their car
and where we're seeing things going in the future.
And so I think in addition to the fact
that we have some great studies that we're relying on here
and that this is clearly within the confines of the LCP,
I think that this is a model that we should really be
celebrating and looking at the on-demand transit services
and the other things that they're doing.
And I think this is a great project
because it's gonna get people out into the public realm,
out of cars and into experiencing community
and having a relationship with the beach
that I think doesn't exist for folks.
So that I think this is a great enhancement
and want to see us move forward in supporting this.
Commissioner Wilson.
Great, please.
Yeah.
Anyone who's been following this board for a while
knows how I feel about this.
So I'll just move forward and thank my fellow commissioners
for their wonderful comments.
I move that the commission determine that appeal number
A-5-LGB-25-0018 raises no substantial issue with respect to the grounds in which the appeal
has been filed under 3063 of the Coastal Act.
I think the board second.
Second.
The motion by Commissioner Wilson, a second by Commissioner Presiado.
Any objections to unanimous consent?
Seeing none, no substantial issue has been found.
Now we move to item 11B, please.
Thank you and there is a staff presentation on this matter and Jeff with our Long Beach
office is going to do that presentation.
All right, good morning commissioners.
Item 11B is this substantial issue hearing of an appeal of a local CDP approved by the
city of Laguna Beach for the construction of a new fire station.
The applicant is the city of Laguna Beach and the appellants are Ann Christophe, Todd
Hedgerton and Jamie Hedgerton.
Next slide please.
The project site is located on the landward side of Coast Highway at 31796 Coast Highway
and the city of Laguna Beach in Orange County.
The site is currently developed with a vacant dental office
and paved parking lot on three lots,
totaling 17,441 square feet.
A variety of commercial and residential uses
surround the subject site,
with single family residences, a vacant lot,
and mixed commercial uses occupying adjacent lots.
Next slide, please.
The city approved project includes the demolition
of an existing vacant dental office
and construction of a new fire station,
including widening of existing driveways,
public street and sidewalk improvements,
retaining walls, parking lot improvements,
landscaping, hardscape,
installation of an emergency generator,
construction of two public restrooms,
and an installation of one canopy sign.
The appellants contend the project does not qualify
for a notice of final local action
and should not have been submitted to the Commission,
and that elements of the project were deferred
to condition compliance to be approved
by the City Manager and not the City's Planning Commission.
Commission staff reviewed the city's notice
final local action submitted on June 13, 2025 and determined the submission was sufficient
pursuant to sections 13332 and 13571 of Title XIV of the California Code of Regulations.
Additionally, the City's LCP does not prohibit the City Manager from reviewing and approving
condition compliance materials, nor does the LCP require the Planning Commission to review
condition compliance materials as recommended by the Appellants.
The Appellants also assert that public participation through the City's process was deficient and
and does not meet the provisions of Coastal Act sections 3006.
The grounds for an appeal require an allegation that the development does not conform to the
standards set forth in the certified local coastal program or the public access and recreation
policies of the Coastal Act which do not include section 3006.
In any case, according to the city's records, the city held three public outreach workshops
and two public hearings regarding the city approved project, which suggests the city
appears to have provided sufficient public outreach and participation.
Next slide please.
The balance contend the city approved project
does not conform with coastal development
permit review criteria and lack sufficient findings
for impacts to neighborhood character, views
and compatibility with surrounding development
and public access.
The opponents did not provide evidence to demonstrate
that the proposed project would result
in adverse impacts to coastal views,
but state building elevations and unbuffered views
would negatively impact views from coast highway
and adjacent properties.
In order to minimize impacts to coastal views,
this city approved project is designed
flat roof without mechanical equipment and sites the taller two-story portion of the structure
at the northern end of the lot in order to maintain a coastal view corridor outlined in
blue on this slide. Furthermore, the city approved project includes conditions to reduce the height
of the structure by one foot and shift the footprint of the structure five feet to the
northern property line in order to further reduce view impacts and a residential structure to the
north of the site exists at a higher elevation than the proposed fire station which is outlined
and yellow on this slide.
In regard to neighborhood character, the Appellants similarly did not provide evidence to demonstrate
that the proposed project is not compatible with surrounding development, but assert the
design is not consistent with adjacent development.
As can be seen on this slide, surrounding development includes a mix of residential
structures, vacant lots, and a variety of commercial uses, including restaurants and
storefronts, expressing variable architectural features.
The City of Proof project incorporates wood siding, masonry elements, vertical and horizontal
metal siding, and a flat roof compatible with development in the area.
Additionally, the project incorporates a preliminary landscaping plan and is conditioned to provide
a final landscaping plan and color and materials board to further improve compatibility with
nearby residential areas.
Next slide, please.
The appellants assert that the City of Proof project would adversely impact public access,
specifically due to the proposed widened driveway accessible via Coast Highway, which would
impact traffic flow on Coast Highway, loss of parking on Coast Highway, and the conversion
of a pedestrian sidewalk into driveways for emergency vehicles.
Although the City Approved Project would widen driveways to accommodate the new fire station,
pedestrian access would be maintained along Coast Highway, indicated with the yellow dashed
arrow on this slide, and the project would reconstruct ADA-compliant public sidewalks
and provide two ADA-compliant public restrooms to accommodate pedestrians highlighted in blue.
Additionally, the City Approved Project would provide 10 parking spaces via a surface parking
lot for personnel and the development would not create any new parking demand. Policy 2b of the
transportation, circulation, and growth management element discourages driveway access to and from
Coast Highway to minimize interruptions to traffic flow. The City Approved Project would include
driveway access to Coast Highway for emergency vehicles. According to City Records, the subject
site is anticipated to respond to an average of 2.6 calls per day, with emergency vehicles exiting
via Coast Highway and entering via 5th Avenue represented in white arrows on this slide.
Appellants assert that ingress and egress should be limited to 5th Avenue for consistency
with policy 2B, however policy 2B does not prohibit driveway access to and from Coast
Highway.
Furthermore, 5th Avenue is perpendicular to Coast Highway and should emergency vehicles
exit via 5th Avenue, it is likely they would need to access Coast Highway via 5th Avenue
so impacts of traffic flow would be equivalent.
Finally, the Appellants contend that alternatives to the approved project exist that would minimize
public access impacts and improve the project's compatibility with surrounding development.
The Appellants specifically propose an alternative design with emergency vehicle access via Fifth
Avenue and a proposed alternative landscaping design.
However, the grounds for an appeal are subject to the City-approved project and impacts to
public access and compatibility with surrounding development were discussed in the previous
slides.
In closing, staff concurs with the findings made by the City and believes that the City
provided adequate legal support for its design decision to approve the subject project.
Staff therefore recommends that the Commission find no substantial issue with regard to the
contentions on which the appeal has been filed.
The motion to accomplish this can be found on page 4 of the staff report.
Staff would note an addendum was posted to correct an error in the exhibits and to respond
to correspondence received after publication of the staff report.
The majority of comments received were substantially addressed in the staff report and staff would
Additionally, note that although the project would result in a loss of street parking on Coast Highway, the City-operated transit system provides remote parking at the nearby Mission Hospital site,
trolley service along Coast Highway, and an on-demand micromobility program, which offset any small reduction to parking availability at the site.
Therefore, staff continue to recommend that the Commission find no substantial issue with regard to the contentions on which the appeal has been filed.
This concludes the staff presentation, and staff is available for questions. Thank you.
Thank you.
Great.
Thank you, Mr. Palm.
Are there any commissioners who have any ex parte's to report?
Commissioner Kelly.
Same prior email I mentioned from the city manager just kind of discussing what's in
the staff report about this project.
Great.
Thank you.
Okay.
Now we will open the public hearing and begin with the appellants.
We'll have three minutes, please.
Hello.
I'm Ann Kristoff.
I'm a landscape architect.
Council Member and Mayor and I've been involved in planning in this community
for over 50 years. Would you show my slides please? Here's our volunteer
whoops here's our volunteer generated fire station from 1951. We do need a new
fire station but it needs to be done right. Please find substantial issue to
put this project back on track in accordance with the LCP.
Next.
This is the community that it's supposed to fit into.
Next.
Here is the site as viewed from Fifth Avenue.
Next.
And you can see that a building could easily
fit there against that hill and would not
have to be built across the Coast Highway
frontage blocking views and causing this traffic impact.
but that's not where they put it.
That decision was made completely at the staff level
before any community involvement was done.
Next.
This is Coast Highway and Fifth Avenue
is in the distance there.
Engines need to enter at a controlled intersection,
not from driveways in between.
There are LCP policies that are being ignored.
Next.
Driveways are being discouraged are discouraged, but that's where they put the fire station driveways
They can easily enter and exit at Fifth Avenue and the signal can be added there next
the
architecture is next
The architecture is not compatible. It doesn't comply with the LCP. I
Think this is the wrong slide. There's something over the top of my slide there on the right upper right
There you go. So these are these are the buildings in in this area that
Don't relate it. I mean this new building relates not at all to those
next
Public parking on post highly is important and there are
Excuse me one more minute ma'am. Oh, thank you so much. I appreciate it
I didn't know other people were going to be allowed to speak or I would have more speakers
As on the previous item
So public parking is important to long here and parking at the hospital is not going to serve the same need at all
next
We spent 20 years getting these streetscape improvements
with working with the city and Caltrans and
those are going to be destroyed when they do this demolition and
and
affect the the public pedestrians going along this highway. Next. So the process
has been defective. There were four conditions required by the Planning
Commission, two of which were said to come back to the Planning Commission. The
Council held a hearing on June 11th where they removed that condition for
the sole purpose of preventing another appeal to the Coastal Commission. Next.
we feel that this is taking away the right of the public to participate when
you turn the decision on these important conditions over to the city manager
without the normal public review process and this is one of the main reasons we
don't think the notice of final action should have been accepted. We urge you to
reject that and we urge you to either and ask the city to return and do a
submittal that complies with the LCP. Thank you. Thank you very much. And then
we have the applicant on Zoom which is Alex Funagi. Alex, if you'll mute. Hi everyone. Really, really I
think we have a slideshow as well, but really great to be with you all. I'm
sorry I'm not in Calabasas. I just have a day job and Calabasas is very far from
we're looking at. I want to
thank you for your support
from where I am. So I
appreciate being with all of
you and I just want to start
by praising. What I think is a
great example of staff's
collaboration from the city
side with coastal staff with
respect to the promenade this
item, and we also this week we.
We had our first project under
the ordinance that was
approved by the Coastal
Commission related to second
store story housing along our
commercial corridor, which I
think is a great example of
how you can achieve coastal
So as the mayor of Laguna Beach, I'm rising to support the staff's recommendation to find
no substantial issue regarding fire station number four. This project has gone through
significant public review, including a full appeal hearing at the city council in June
from the planning commission. It's a solid design and one that has been improved with public
input. Critically, it adds new public restrooms for beachgoers where restrooms are scarce now.
I wanted to talk about a couple of the issues in the appeal so let's go to the next slide please.
So if the first is, and next slide please, parking, where, actually go back to the other side,
sorry about that, and I really like all the comments that I heard from Commissioner Jackson
and others with respect to parking, but really I don't think this is an issue here. This project
displaces three unmarked spots, two on Coast Highway, one on Fifth Avenue. The Appellant's
preferred design with access off Fifth Avenue would actually displace more parking spaces because
of the turnaround radius. And, you know, as was previously referenced, this project is also about
450 feet from over 100 free parking spaces the city rents from the hospital, and those are
underutilized. We're working on how we can get more beachgoers to, you know, be aware of them.
And next slide, please. There was a lot of discussion previously about the trolley
issue and our on-demand service, which is like free Uber, essentially, which I think is a great
way to enhance public access, both for visitors but also residents not to rely on a car as
you're going around town. I want to praise Tony Eisman, who I think is in the audience
there, who really was the one who kick-started the whole trolley idea and other communities
who have embraced it as well. So again, I don't think parking is really the issue here.
Next slide. So the second issue is about design and public input. And on this slide, you see
a project example submitted by Moritz Skindarian, who's a very respected local architect. Next
Next slide.
And on this slide you can see some of the evolution of the station.
And here is the sketch by Morris as the design developed.
And on the slide I'm about to show you, you see the end product as done by an architect
that designs fire stations to current standards.
Next slide, please.
As you can see, it's still rustic and the result of multiple public meetings and neighborhood
working group sessions.
I count nine over in just in the last four months.
So, you know, the public's been very involved.
So commissioner, at the end of the day let's,
next slide please.
I think this comes down to public safety.
The question we're going to be each is not if,
but when the next wildfire happens,
that's how we approach it.
And it's critical that we have a fire station
that's seismically sound.
So I appreciate all the work on this
and support staff's recommendation.
So thank you very much and great to be with all of you.
Thank you.
Now we'll go to qualified speakers
at two minutes each, please.
Okay, so we have Meryl Anderson, Greg O'Loughlin.
they didn't sign up nevermind no speakers okay wonderful I'll close the
public hearing and return to staff they have any comments or responses yeah
thank you madam chair just to really brief comments that I wanted to make
first being in regard to the special conditions that the opponents were
starting were different elements of the project and not allowing for public
review we see those as minor elements of the project those are including a final
approval of a landscaping plan color board and materials board the project
was approved with all of the above, however the conditions required final approval of those to
allow for additional public input as well as engagement from the Planning Commission and
final approval from the City Manager. In the other brief note I wanted to make you did hear
this from the City Representative as well, the City did analyze alternatives including access
via Fifth Avenue and determined that that would actually remove more parking spaces than the
preferred and City approved proposal before you today. In that case additionally just wanted to
No, the city is available online for questions
regarding the specifics of the design.
It is also noted that they found
should access be limited to Fifth Avenue,
that would actually impede fire response.
And so I'll defer to, of course,
the city representatives to elaborate on that.
The city engineer is available online
to discuss that further.
And Mr. Schwinn, if you have any further comments,
I'll defer to you.
Otherwise, back to you, Madam Chair.
Great, thank you.
Okay, I'll turn to my fellow commissioners
for questions, comments, or a motion.
Commissioner Kelly.
I was just really impressed with the design and as in a city where we just were recently
able to build a new fire station, I know the level of process that you have to go to to
get to this point and that wasn't even in the coastal zone so I can only imagine kind
of the additional layers here of how it's arrived at this point.
I think some of the public amenities
and the restroom components and just thinking through,
it's a funny juxtaposition with the conversation
we were having yesterday with some of the neighboring
communities about their lack of fire resources
and lack of investment in being able to have
a fire station that services the community
and their fear around fire preparedness.
And so here is the another community nearby
who's being proactive in trying to build that new station.
And so I just want to acknowledge the importance
of having these resources in the community
and modernizing them.
And then also being able to have the public amenities
like the restrooms and otherwise,
I think that's a great benefit.
Thanks.
Commissioner Pressiata.
I just wanted to comment.
I have a fire station that's less than a hop
a skip from my home and I don't, well I appreciate that it's close by, it helps with insurance.
But the only thing that I was thinking about is one of the measures that we have for that
fire station is that their lights and all the other measures that they need to undertake
to be able to operate are done, but after 9 p.m., there's no noise, so they do take
off and they serve the community.
But they try to get closer to the incident before they turn on their noise.
And you know, it's for the public safety and everyone else, but I'm just wondering if there
or any measures given that the Pacific Coast Highway is a quite impacted road.
So everyone needs to take every measure you need to be safe but I'm just wondering about
noise abatement but other than that I saw no issue that was challenging with this station.
I hope my commissioners or I join Commissioner Kelly in thinking this is an excellent project.
Would you like a response?
Commissioner Prossietta?
Okay.
Hi, Dave Kiff again, the city manager in Laguna Beach.
I don't know if you can see if Chief King, Niko King, is on the call.
He's our expert on noise and exiting.
Yes, we have Niko King on Zoom.
Could you bring Mr. King, Chief King, up?
I'm bringing him in as a panelist.
Thank you.
Niko King, when you're able to, please accept being moved in.
And Chief King, I don't know if you heard,
the question was about when you exit the station,
especially later in the hours,
what's the approach with sirens and lights?
All right, they're almost there.
Yeah, good morning, Chief King.
I hope you don't hear me.
Yeah, I did hear the question.
There was great consideration about the noise
at the fire station.
We had discussions about the typical noise
that you might hear,
But there's the way that the station is positioned with the parking in the back.
The retaining walls would help lessen some of the noise.
But we do take into consideration our response and travel.
It's part of the reason why we like to exit out on the Coast Highway, which goes against
the direction of the neighborhood.
And of course we always take into consideration the level of traffic.
We use our lights and then sirens intermittently, depending on the level of traffic, to have
traffic yield to the emergency equipment.
But if there's light traffic and we're traveling through the residential area and or light
traffic and we're leaving the station at night, we of course will be very disparate in how
we're going to use our sirens trying to accommodate the neighborhoods that we're serving.
Thank you, Chief.
Okay, are there any other comments or I'll entertain a motion.
I guess I'll do it again.
I move that the commission determine that appeal number A-5-LGB-25-0019 raises no substantial
issue with respect to the grounds in which the appeal has been filed under Section 30603
of the Coastal Act and I recommend a yes vote.
Second.
Thank you.
Motion by Commissioner Wilson.
A second by Commissioner Lopez.
Any objection to unanimous consent?
Seeing none, no substantial issue has been found.
So I'm going to suggest we take a very brief break but we do have quite a lot of commenters.
So please be back at 11.15.
Okay.
Thank you so much.
We will return and move to item 12E, I believe.
Thank you, Chair Harmon.
Yes, we are on item 12E.
This is the Pacific Air Show application.
And Seth Villanueva and Spencer Sayre,
with our Long Beach office, are going
to do the initial presentation.
Good morning, commissioners.
Item 12E is a CDP application by Pacific Airshow LLC
for a privately ticketed three-day airshow event,
including aircraft demonstrations,
spectator viewing areas, temporary infrastructure,
concessions, restrooms, and other entertainment displays.
The applicant is seeking a five-year authorization
to hold this annual airshow
between late September and early October
between 2025 and 2029.
This year's event is scheduled to occur
from Friday, October 3rd through Sunday, October 5th.
Next slide, please.
The proposed airshow event would take place
along the public beach between 7th Street
and Beach Boulevard in Huntington Beach,
approximately one mile in length,
as well as a similarly sized area
of the adjacent coastal waters, the Huntington Beach Pier,
and public parking lots along Pacific Coast Highway.
The proposed project is located partially
within the city of Huntington Beach's LCP jurisdiction
and partially within the retained jurisdiction
of the Coastal Commission.
The city of Huntington Beach agreed
consolidate permit action for aspects of the proposed work that would be carried out in
the City of Huntington Beach's CDP jurisdiction, consistent with Coastal Act Section 30601.3.
As such, the standard of review for such consolidated permits is consistency with the Chapter 3
policies of the Coastal Act, with certified LCP policies serving as guidance.
The applicant has held the Pacific Airshow annually in the City of Huntington Beach since
2016 with the exception of 2020 for three days over a weekend in September or October.
Past air shows have featured aircraft flybys and aerial acrobatics from civilian and military
aircraft.
The primary area used by the event for the on-the-ground activities is the Show Center
area.
The Show Center area consists of the beach portion of the Huntington Beach Pier, parking
lots and bicycle and walking trails along Pacific Coast Highway.
The Huntington Beach Pier would be used for additional paid seating and would be temporarily
closed during the flying events due to safety requirements related to the Airshow Performance
Aerobatic Box.
Approximately 500 public parking spaces would be used by the applicant for private event
parking, including both daytime parking and overnight RV parking, as well as for staging
of the developments on the beach.
The Show Center area is closed as a paid ticketing area for the event, and includes a number
event activities and offerings, including reserved seatings and hospitality spaces,
catering tents, food trucks, merchandise booths, bars serving beer, wine, and spirits,
public safety stations, security checkpoints, volunteer tents, portable restrooms, and trash
facilities. Each of the three event days would run from 9am to 6pm. Aircraft flights will operate
between 10am and 5pm of each event day, though additional aircraft flights will occur starting
Monday before the event weekend as practice days for airshow performer pilots. Monday September 29th
for the 2025 event. Installation of temporary infrastructure of 2025 is planned to begin
Tuesday September 23rd and removal of all installations would conclude by Thursday October
9th 2025. As will be explained shortly, the Pacific Airshow has been subject to previous
enforcement action for operating previous air shows without the benefit
of CDP. I will now turn the presentation to Spencer Sayer, environmental analyst
with the Commission's enforcement division, to detail the enforcement
background for this event. Thank you Seth. Next slide please. Good afternoon
commissioners. The CDP application is brought before you today as part of an
agreement reached in a consent executive director's cease and desist order
negotiated last year between today's applicant and commission enforcement
staff which was presented to the Commission in September 2024. As I'll
explain later the funds for resolution of this violation will go towards the
Bolsa Chica ecological reserve which is shown in this photo. You may recall the
applicant has organized the air show in some form in Huntington Beach since 2016
but the annual event did not receive a CDP under the coastal act from the city
of Huntington Beach or the Commission.
After several productive meetings
with Commission staff throughout 2024,
the applicant demonstrated a willingness
to resolve this matter for the 2024 Airshow Consensually
by agreeing to the terms and conditions
of the consent EDCDO.
One of the provisions of the EDCDO was
that the applicant agreed to seek Coastal Act Authorization
and submit a complete CDP application to the Commission
for any future Pacific Airshow events,
hence the application before you today.
As part of the EDCDO, the airshow is required to provide two vertical public access ways and one horizontal public access way throughout the event of the shoreline.
Commissioned staff also attended the event in person to confirm the public was able to access these routes without incident.
In addition, the CDP application before you today also resolves the potential ongoing Coastal Act liability for previous unpermitted airshows.
resolution of this violation would occur upon approval as recommended by staff and full execution of the permit including payment in conjunction with
implementation of the permit which will be further described in a minute. Next slide please.
To address that remaining liability amicably and avoid the need for a separate enforcement action the applicant as part of their CDP application and to resolve the
the outstanding enforcement issues arising from previously unpermitted air shows is proposing
a payment of $274,758 to be made to the California State Lands Commission to fund much-needed
public access and habitat enhancement projects at the nearby Bolsa Chica Ecological Reserve
in Huntington Beach to address the impacts of previous events on public access and coastal
natural resources.
This photo here shows some of the approximately three miles of scenic public access trails
throughout the reserve.
For those of you who are unaware, the reserve consists of 1,300 acres of pristine coastal
habitat surrounding a saltwater estuary near the airshow event.
Commission enforcement staff is grateful for the applicant's cooperation throughout this
permitting process and we look forward to working with them in the future.
Thank you, commissioners, for your time and back to you, Seth.
Thank you, Spencer.
Next slide, please.
The primary coastal act issue raised by this project is the impact that the proposed air
show would have on public access to Huntington City Beach.
The proposed event boundary would result in two significant coastal access impacts.
First, the event would temporarily privatize approximately one mile of Sandy Beach that
the public would otherwise have free recreational access to for a three-day period.
To mitigate for these public access impacts, the applicant has proposed to distribute approximately
1,500 free tickets per event day with priority consideration given to students
from Title I schools and the community and their guardians. Any remaining tickets
would be distributed to the general public. The access proposal serves to
reduce barriers to public access to low-income communities, but taken alone
it is not the equivalent of direct vertical coastal access and lateral
access along the shoreline. Thus, Special Condition 2 requires the applicant
to prepare a shoreline access plan that allows for horizontal shoreline access and at least
two vertical access ways through the venue.
The applicant has insisted that the temporary restriction of coastal access during the event
is necessary for public safety and for security needs pursuant to Section 30212A of the Coastal
Act.
As evidence to their argument, the applicant provided a third-party public safety study
outlining different types of public safety incidents that have occurred during previous
air shows and other similar events, including in its recommendation that there should be
no unmitigated access to the beach during the proposed air show.
In response to this concern, staff would note that the applicant would be allowed to manage
security along entry points using metal detectors, bag checks, or similar security features,
meaning that access to the beach is not unmitigated and in line with the safety study recommendation.
The plan would also allow for the applicant to respond to emergencies during the event
as necessary and also coordinate with the Executive Director to restrict access as part
of emergency response measures as necessary if a credible security threat is established
prior to the event.
This is similar to the access plan requirements required under the 2024 EDCDO described earlier
in this presentation.
Next slide please.
Second, the project would close off the Huntington Beach Pier and coastal waters surrounding
the pier during the event days.
The applicant has stated that Federal Aviation Administration regulations required restricted
access within the Air Show's aerobatic box, which for the Pacific Air Show includes the
portion of the Huntington Beach Pier seaward of the Mean High Tide Line and the surrounding
coastal waters.
The portion of the pier over coastal waters is managed by the State Lands Commission,
and the applicant has indicated they are seeking authorization for the usage and closure of
this area for the event.
In addition, the applicant has proposed a ticketed peer viewing area that would run
from the base of the pier near the Huntington Beach bike trail to the mean high tide line
on the southeastern face of the pier, with a 15-foot emergency buffer between the seating
area and northwestern pier edge.
This closure constitutes a significant restriction of public access and recreational opportunities
offered by the pier, including unhindered access to scenic views, recreational fishing,
and dining opportunities.
To address these impacts, special condition 10 requires that at least 100 of the daily
1,500 free airshow tickets be designated specifically for the reserved pier seating.
Further, to ensure that the access restrictions caused by the aerobatic box are minimized,
special condition 11 and special condition 12 require the applicant to restore access
to the pier and coastal waters in the hours when aircraft are not operating in the area
for the event.
The proposed project also raises coastal act issues pertaining to protection of biological
resources.
While the ground activity associated with the air show is sited along the public beach
and pier of Huntington Beach, the aircraft serving as a pivotal component of the event
will be present and active in the Temporary Flight Restriction, or TFR, area extending
five nautical miles around Huntington Beach, which notably includes a number of natural
Reserves, Nature Reserves, such as Bolsa Chica Ecological Reserve, or BCR, and Seal Beach
National Wildlife Refuge. Although BCR is not directly incorporated as part of the
project site, it is located within the flight path between the Los Alamitos
Joint Base Station and the aerobatic box where a majority of the in-air activities
would take place. If the aircraft fly at too low of an altitude, they will
interfere with bird species, including through flushing actions. The applicant
stated that they will request that aircraft void overflights of the BCR to the maximum
extent feasible and would limit overflight to 1,000 feet elevation when unavoidable.
In previous air shows, the applicant has provided all participating pilots with pre-flight safety
briefing materials reflecting these requests during a mandatory pre-show briefing meeting.
To memorialize the applicant's avoidance measures, Special Condition 17 requires the applicant to
conduct safety briefings for pilots with these explicit requests. The applicant is also proposed
biological monitors at BECR. Before each airshow, wildlife monitoring will begin in the BECR and
will be carried out across each day of airshow associated aircraft flying activity. Monitoring
is expected to identify the incidence and severity of noise impacts caused by the airshow flying
activities. After a post-event survey, a report shall be submitted to executive director following
each airshow that documents disturbances caused to reserve wildlife, as well as potential
provisions for future mitigation measures to address any observed significant impacts to birds.
Special condition 16 requires the applicant to submit for the review and approval of the
executive director a final biological monitoring plan before the airshow. Next slide please.
The airshow performance area or the aerobatic box is the primary area for civilian and military
aircraft flybys and aerial aerobatics.
It is located adjacent to the show center area over the Pacific Ocean with an east-west
length of approximately 3,000 feet from the shoreline and a north-south length of approximately
12,000 feet.
A majority of the civilian and military aircraft flybys and aerial aerobatics occurs within
approximately 500 and 1,500 feet from the shoreline per FAA regulation.
However, many of the aircraft maneuvers, particularly for the military, spill out of
the aerobatic box into the TFR airspace controlled by the airshow. The airshow's aerobatic box is
identified by large inflatable marker buoys anchored in the ocean. The project proposal
identifies that there is the possibility of a quote, low probability, potentially high-impact
event of an emergency fuel dump, end quote, from an aircraft participating in the airshow
that results from emergency safety maneuvering.
The application states that if dumped at significant altitude, upwards of 90% of the expelled aviation
fuel dumped will typically evaporate before hitting the surface.
With the Airshow's aerobatic box situated offshore over coastal waters, there is a significant
risk that any fuel dumps that could result from the Airshow may lead to some amount of
aviation fuel entering coastal water.
To protect water quality and marine resources from the possibility of such significant,
albeit rare, petroleum spill event, and ensure that the applicant is prepared to respond
to such an emergency through coordination with relevant emergency response agencies.
Special condition 7 requires a fuel dump cleanup plan.
The applicant has expressed its intent to continue to produce the Pacific Air Show in
the future and in the same location.
There are a number of other potential new activities that the applicant has alluded
to offering in future airshow events between 2026 and 2029.
Because these activities are conceptual in their current state of project plans and subject
to change based on their implementation in future events, their potential coastal resource
impacts will correspondingly depend on the specific plans that would be prepared in advance
of their inclusion in future airshows.
Special Condition 1 imposed by the Commission requires that the applicant seek an amendment
to this Coastal Development Permit before new potential activities are allowed as part
of the proposed development, to allow for the complete analysis of coastal resource
impacts based on revised project plans.
Staff would note that a lack of specific development details provided in the event plans and the
absence of previous biological monitoring data makes it difficult to completely evaluate
the event's public access and biological resource impacts, and further, whether the
The proposed and conditioned mitigation measures are sufficient to alleviate these impacts.
With this in mind, staff originally recommended a one-year authorization for the event, but
have revised the recommendation in the addendum for this item to a five-year authorization
recommendation following changes to the special conditions of the permit, which I'll explain
further next.
After publication of the staff report, commission staff received correspondence from members
of the public, California Department of Fish and Wildlife, Bolsa Chica Land Trust and State
Lands Commission.
These letters outlined a number of concerns within the airshow, including biological impact
concerns, noise and traffic concerns, and concerns over the airshow's prior history
of operating without a CDP.
Staff has prepared an addendum to address these concerns, and the addendum has been
published to the Commission's website.
In response to these concerns, Commission staff clarified that the monitoring must occur
in Bolsa Chica, and that monitoring at Seal Beach National Wildlife Refuge is subject
to coordination with federal agencies to obtain access.
Staff also received a response from the applicant, which primarily requested several revisions
to the special conditions.
Of note, the applicant requested that the Commission reconsider a five-year authorization
instead of the one-year authorization recommended under Special Condition 1.
To address concerns related to public access impacts and biological resource impacts, the
applicant has proposed an adaptive management strategy, which would require that the applicant
team submit annual public access and biological monitoring reports after each airshow for
the review by the Commission's Executive Director.
If the report identifies no significant impacts, the airshow could proceed with the next year's
event under the authorization.
If significant impacts are identified, however, the applicant would be required to come back
before the Commission under an amendment or new CDP to authorize the next airshow.
Commission staff determined that this approach would address some of the outstanding concerns
and have therefore proposed revisions to Special Condition 1 to 14 and 16 to incorporate the
adaptive management proposal and re-establish the five-year authorization period.
To conclude, Commission staff recommends approval of the Coastal Development Permit application
with conditions as detailed in the staff report
and associated addendum.
The motion and resolutions are on page five
of the staff report.
This concludes staff presentation.
Staff is available for any questions.
It looks like we may have lost our chair.
Yeah, Madam Vice Chair.
Vice Chair, maybe you could take over
chairing the hearing if given our chair is out.
Excuse me, all right, sorry about that.
All right, so are we beginning public comment?
Where are we in this?
Ex partes.
OK.
Are there any ex partes on this matter?
All right.
Seeing none.
So let's move forward and ask if the applicant is available.
I guess we have the applicant, as well as
a bunch of representatives for them on Zoom.
Kevin Elliott, we have your presentation.
How much time do you need?
Is there just one person for the applicant, Chris?
One presenter, yes.
OK.
So we're asking how much time you might have.
I'd like 10 minutes plus five minutes for rebuttal, please.
This is the applicant.
All right, so that sounds fine.
So 10 minutes with five reserve for rebuttal.
Great.
Good morning, Chair and members of the Commission.
Thank you guys very much for your time today.
I'm excited to share some brief details with you
about the wonderful Pacific Air Show in Huntington Beach.
Before we begin, I want to thank everybody
who's taking time out of their busy day to join us here
to make some comments and show their support.
I also wanna thank the commission staff
for their support through this process.
We appreciate all of the help and guidance
that they've given us in navigating the CDP process
and bringing our project into compliance
and staff's been wonderful.
And I really look forward to continuing
the great relationship that we've built as we go forward.
And I know I need to be brief,
but I also am proud to say that in this process,
the commission staff have not only been helpful,
but I think they've become Airshow fans
and perhaps none more than Lisa Heggie.
So if she's there, we'll give her a thumbs up.
So next slide, please.
So today just wanna cover a few brief points
about the Airshow.
I'll just introduce myself.
I'll present to you the community benefits.
We'll discuss how we balance the economics
with the Airshow and the environmental safeguards
that we're putting in place.
Next slide, please.
So quickly about me.
I am born and raised in Huntington Beach.
I started a company here in 2007 that produces events.
I became aware of the air show in 2016,
offered my assistance and took it on
as a local member of the community to maintain it,
grow it and save it for our community.
I actually live in the Bolsa Chica Ecological Reserve.
And so I'm a native to this area
and this is very important to me.
I serve on several boards and commissions.
I happen to be a member
the Bolsochica Conservancy Board. I'm on the board of the Orange County Boy Scouts of America.
I serve as an executive member of the International Council of Airshows, which is the global governing
body of air shows, at least for North America. I'm on the Los Angeles Sports and Entertainment
Council. I am part of the American Chamber of Commerce and Queensland Council of Governors.
And I also serve as an airport commissioner for Orange County Airport. Next slide, please.
So we're very proud of Pacific Airshow. As I mentioned, being a community member, I've
taking it under my wing and have tried to build it for the benefit of the
community and all of Southern California. The majority of the event is free. We are
offering 1,500 free tickets per day and priority for Title I schools and even
more for other school students as you'll see in my next slide. Our peer access has
always been free for disabled persons and their caregivers. Huntington Beach is
a great venue because obviously it's very accessible but we put a very strong
emphasis on maximizing ADA access across all event areas, meaning we actually put materials
down on the beach to make all of our ticket areas accessible. One of the things I love
the most about this event is it appeals to a very diverse audience. It's a very non-endemic
audience. You have to be an aviation fanatic to go to an air show and stand on a hot runway,
but you don't necessarily have to know anything about aviation to want to come down to the
beach and enjoy a day with your whole family. And it is truly an event that appeals to the
whole family so people will often ask who our target customer is and I'll say it's everybody
because it's the young and the old experiencing the magic of aviation.
And to that end it encourages people to get outside and promotes an active outdoor lifestyle.
It is during a shoulder season so typically October is a very slow time for the beach because
everybody's gone back to school and we've taken a slow time and we've turned it into the busiest
beach day of the year throughout California. And there's a very strong emphasis on sustainable
transportation through all of the various methods that people use to access the beach through
bicycling and pulling wagons and you name it, people find their way to the beach in mass and
it's quite an experience. Next slide please. For every paid ticket, we've presented that we have
the show center paid area and we do have to obviously have a way to make this work from a
financial sustainability. So we create a show center area and try to create a value proposition
of purchasing a ticket. But what I love about Pacific Airship and what's unique to this,
probably from any other event, is that for every ticket that we sell, we have 20 people that watch
the event for free, as evidenced by the photo that you can see there in the background. We'll talk a
little bit more about this. Next slide, please. So this is our 2021 overhead site plan. You can see
they're highlighted in pink. That is essentially our paid ticketed area that we have on the beach.
And everybody else that you see, whether it's in the parking lot, in the shopping centers,
in the hotels, or on the beach, are attending this event and enjoying that event absolutely
free of charge. So as I mentioned, for every one person inside the pink box, you have 20 people
outside enjoying the event for free, and truly the Airshow is the community benefit. Next slide,
please. This is another look. This is 2018. I just thought it would be nice to have two
different perspectives, so you can again see what that free access looks like outside of the
ticketed area. Next slide please. This year we're excited to bring our students with Altitude Day.
It's a little play on words there with the word attitude. And Friday, October 3rd, we have made
an offer for all schools to attend for free, to do meet and greets with our pilots, participate
in our new STEM exhibitions and really just experience the magic of flight and, you know,
consider potentially careers in aerospace or any of the supporting fields.
And then we're also offering free return tickets to students on Saturday and Sunday with a
paid adult.
This is working in conjunction with the 1,500 free tickets per day.
So on Friday and we'll be off, we'll have far greater than 1,500 free tickets out obviously
with a student promotion going.
So we're very excited, and by the way,
we've been doing these types of things all along,
and you'll hear from some of our speakers,
hopefully they can reinforce that.
I believe in sort of doing the right thing all the time,
but we do need to obviously highlight
some of these community benefits
for the commission's benefit today.
Next slide, please.
So as I mentioned, the event is very unique
in that it appeals to all ages,
all backgrounds in one amazing location.
I love the fact that half of the people that attend
know a difference between an F-18 and an F-35 but they know it was the best day they've ever had
and they're coming back tomorrow and it's a it's really a cool thing. Next slide. And then of course
tickets make it possible, right? This is a local event produced by local people. I want to make a
very big distinction that this is not some big corporate takeover of the beach. This is a local
event produced by local people and what makes it possible is paid attendance. It's a very expensive
event to produce, as you might imagine. We have to pay for hundreds of hotel rooms, fuel,
all of the infrastructure, rental cars, and some of our speakers will speak to that as well.
Given the nature of the beach, meaning it's not at an air show where you can
charge and there's a fence that controls the venue, we have to create that show center area
and create a value proposition of supporting the air show by purchasing a ticket, which, by the way,
we try to keep very accessible and affordable as well. Today the airshow has not made a profit,
but we're looking forward to with the commission support being able to set this event on a stable
ground so that we can go and secure sponsors and build this event over the next few years
for the benefit of the community and having that stability is something that's very important to us
for obvious reasons. And it's worth noting that this is an extremely big driver of economic
benefit to Orange County. It generates over 120 million dollars in economic impact for the local
businesses and residents. To put that into perspective, the World Series of Baseball
generates about 100 million dollars for its host city, and this is a benefit that the City of
Huntington Beach and Greater Orange County gets to host every single year. So if you ask any of
the local businesses, they'll tell you it's their busiest weekend of the year. Next slide please.
Environmental safeguards. We've always taken this very seriously. As I mentioned, this photo is
essentially taken from my backyard, but we have done in the past and will continue to
do biological and noise monitoring prior to, during rehearsal, during the event and after
the event. We'll be doing pre-flight biological sensitivity training with our pilots, avoiding
the areas to overfly. We'll, of course, implement construction best management practices with
respect to our setup and breakdown, which includes proper spill containment and water
quality protections. We have a waste management and pollution prevention plan that we produce
every year in conjunction with the city, which we'll continue to do, as well as prohibition
of single-use plastics. And as I mentioned, we have a reputational investment in this area,
so this is a very important thing to us. Not only do I serve on the board that represents
these environmental areas, but I live there as well. Next slide, please.
This is just a brief overview of some of the environmental safeguard materials. I provided two
visuals on the right, which are provided in our pilot briefings that show the views of the areas
to avoid specifically the BCE are shown in red and again if they must overfly please do so at
a thousand feet or above and if possible 2,000 feet or above and if at all please avoid that area.
We actually do provide waypoints in and out of there to specifically provide flight paths that
avoid it so it's not just visual avoidance there is also GPS avoidance as well. Next slide please.
And these are just some of the sentiments the show has been described to me as being
life-changing. I have many family and friends and people who travel from around the world to attend
the show, but you know when people talk about it being on their bucket list and you know the fact
that they absolutely love the fact that it combines the magic of aviation with the thrill of the
coastal resource, it really isn't an experience you have to something you have to experience to
fully understand. And with that I yield back. Thank you very much. Thank you very much. Okay
Chris, I believe that takes us to the elected officials.
Yes.
We'll begin with Senator Tony Strickland.
And then we'll move on to Senator Barb Archuleta, Diane
Dixon, Pat Burns, Shelly Hasselbrink, Glenn Grandis,
and Lisa Landau.
Two minutes each, please.
OK, we're having trouble promoting you
as a panelist, Tony Strickland.
You should be able to unmute as an attendee now.
We can just call them again.
There you go.
Please go ahead.
Hi, this is State Senator Tony Strickland,
and I just wanted to weigh in.
We're a big supporter of the air show here.
I represent the air show in the State Senate,
former mayor of Huntington Beach.
This is a pivotal event for the city of Huntington Beach,
and economic surveys show that it brings in
about $100 million to our local regional economy.
And on top of that,
this show is actually in the fall,
we're a destination city
and our beaches are full during the summertime.
But this is one of the biggest events for us
because it's actually done
in a non-busy time in Huntington Beach.
Our hotels are full, our restaurants are full,
and it's a central part of our economy here in our city.
On top of that, because of the air show
and the success of the air show,
being a main stay here in Huntington Beach thus far,
we have got other cities, other events,
because they saw how well this event has done
in terms of the kind of crowds in the population
and how family friendly this event is.
And so we've actually got inquiries from other big events
and reached out to Huntington Beach
because of the success of what we do
with the Pacific Air Show.
So I'm here today just to say,
encourage the support for the Air Show.
It's a signature event here,
and it's an event that our businesses rely on,
and it's an incredible organization.
It's also a very prideful event.
People have a lot of pride coming to the Air Show,
and it's a family-friendly event.
And I encourage you to support the Air Show moving forward
in perpetuity, hopefully.
And thank you again for your time.
Thank you.
Next is Senator Barb Archuleta.
Yes.
Good morning.
Thank you.
Hang on, we're just a bit of difficulty.
There we go.
Good morning, everyone.
I'm Bob Archuleta and I'm testifying before you
as a private citizen, but a veteran.
I served with the 82nd Airborne back in my day.
And it was a time when I was the commissioner
of military and veterans affairs.
The County of Los Angeles, which that was some time ago,
but I'm before you as a private citizen
who have been at the air show over the years.
And I just wanted to share with all of you
what an asset the air show is
to not only Huntington Beach,
but Southern California as a whole.
And I know that with the leadership
that Kevin has given us in the past
and we'll do in the future, this airshow,
God willing, you grant it and approve it,
we'll join the air shows across the nation,
but this is the largest air show in the country.
And the recruiting ability that it gives
to our men and women who are thinking about
joining the military, the Department of Defense
identified this as a top priority for recruiting. And I also like to share that the men and women
who serve our great country, their families, their wives, their husbands, grandmothers,
all the entire families are there to see the air show. And it really is a family event when it
comes to our veterans and those who are serving. And it's amazing how family friendly the event is
overall with millions of people been there since 2016 and as I'm sure you all know the state of
California is always looking to improve our economic status as the fourth largest economy
in the world. Well this air show sure helps to that and it does promote Southern California if
not the entire show in the entire state. So it is free usually to everyone the cost of the vote
and I think Huntington Beach is a better community because of it. Each and every year the economy
there locally goes through the roof so I can't say enough about it and I totally uh 100 percent
support it and I hopefully you'll do the same. Thank you Senator. Next is State Assembly member
Diane Dixon. Yes good morning can you hear me all right? Yes we can hear you. Very good well thank
Thank you I'm joining the chorus of area supporters and as a member of the California
Assembly for the District 72 which includes Huntington Beach and Seal Beach and Newport
Beach and Laguna Beach and cities inland I am a enthusiastic supporter not only as an
assembly member but I served as a council member in neighboring Newport Beach for eight years
and mayor twice and when the initial beginning of those early years of the air show we did hear some
citizen involvement, saying, oh my goodness,
it's going to be too loud and it's going to be difficult.
Well, after the first air show in 2016,
we never heard another word, people love it.
From Newport Beach, every beach and boat
anybody can get out, what Kevin did not show you
is the population, enormous population of boating vessels,
little boats, big boats, out in the water,
watching in front of the beach there
where the air show is stationed enjoying it.
So all-encompassing Southern California loves this air show.
And you've heard the benefits to the community
at the people on the beach.
You could be anywhere in that five-mile vicinity,
tilt your head up to the sky,
and you can enjoy for free the air show.
And I've been there on the sand,
I've stood on the streets and enjoyed it actually
from my home in Newport Beach.
And you can see the planes fly,
and people, my neighbors are out on the street watching.
It is an amazing demonstration
of our country's air power, frankly,
and the history of our air power
when some of the older planes fly.
So it is just an amazing, prideful experience
for all of us, young and old,
and just listening to Kevin's presentation
on the environmental benefits that he's doing,
the Bolsa Chica.
It is really giving back to the community as it should.
And I'm very proud to endorse it for that reason.
So they, Mr. Elliott is committed to our community
and Huntington Beach, Huntington Beach a great city
and I fully endorse the staff recommendation
and hope to see this goes on in perpetuity.
Thank you so much.
I'm proud to support it.
Thank you.
And next is mayor of the city of Huntington Beach,
Pat Burns.
Pat, you should be able to unmute.
We've been having trouble promoting you
as a panelist, Pat Burns.
I'm not seeing them unmuted, so we're gonna come back.
Let's move to Los Alamitos City Council member,
Shelly Hasselbrink.
Good morning, I'm Shelly Hasselbrink.
I'm the proud mayor of the City of Los Alamitos
and home to the Joint Forces Training Base.
I also serve on the Orange County
Airport Land Use Commission.
My comments today are only gonna address
the impact of the City of Los Alamitos
and don't include any details of the operations
the finance of the Air Show.
While the Air Show is staged along
the beautiful Huntington Beach coastline,
I wanna share how its impact reaches far beyond the sand
right into the heart of our community.
The Joint Forces Training Base is honored to serve
as the home base for the Air Show's military aircraft
and pilots.
For several days each year, our skies are alive
with the sound of freedom
as these incredible aircraft take off and land.
What our residents experience is nothing short
of a mini Air Show, a unique and up close view
of these high-performance aircraft in action
without ever leaving the city.
Especially equally special is the personnel connection
forged when pilots and crews host free meet and greet events
at JFTB.
Families, veterans, and young people aspiring to serve
or fly have the rare opportunity to speak
with these men and women, hear their stories,
and be inspired by their service.
These moments plant seeds of patriotism,
career interest and community pride.
In short, the Pacific Air Show strengthens
our community bonds, supports our local economy
and deepens the connection between the public
and those who serve.
We are proud to be a partner in making it happen
and hope to see its legacy continue for years to come.
And as a resident and a lover of the beach,
there is nothing cooler than standing with your toes
in the sand with the backdrop of the Pacific Ocean
watching these amazing aircraft fly above.
It's an experience that very few people get to encounter
and we are blessed that it's right in our own backyard.
Thank you.
Thank you.
And then now I'm seeing Pat Burns on the iPhone.
You should be able to unmute now.
Okay.
Go ahead and hear.
Yes, we can hear you.
All right, sorry, just got into an element.
All right, obviously I fully support this
And it does so much good for the community.
Besides the economic value and everything,
the patriotism it brings to the whole area,
all the city surrounding our city and all our guests,
I've heard very few negative statements about the air show.
It is one of the best things
in this whole Southern California area.
The Air Show operates and Kevin and the Pacific Air Show group, they run such a professional,
incredible, courteous, well-organized event.
They try to accommodate wherever they can and it is just a real credit to his organization,
Huntington Beach, and really the state of California.
come from all over the world to come and see this air show. I've witnessed it. I've met the people.
I've talked to them. People are in awe over what we experience every year at this event and there
is really nothing negative about it that I can say especially that would outweigh us doing it
year after year. I can't go on. I can go on and on but I support this and it is the best
area has. And I please ask you guys to help us out, make this happen as soon as possible
and as efficiently as possible. Thank you. Thank you, mayor. Next is Fountain Valley
City Council member Glenn Grandis. Good morning, everyone. Can you hear me okay? Yeah, we
I can hear you great.
Excellent.
So I am the current council member of city of Fountain Valley.
I was mayor for the city last year.
I attend the air show every year
and support moving forward.
I wanna make sure that, you know, everyone's talking about,
I read all the letters and everything online
and a lot of it talks about the Bolsonchika Conservancy.
like the fact that they're going to be donating $275,000 towards that. But I want to talk a little
bit about Kevin himself. So Kevin, I know he said he was born and raised in Huntington Beach.
He was actually raised in Fountain Valley, went to Fountain Valley High School and I've known him
since he's 12 years old. A real good person in our community. I have a son with special needs,
non-verbal autistic and when Kevin was a teenager, I trusted him with family members. He has done
a lot for our community. In terms of the event itself, it's a great driver for Fountain Valley
economy as well. We have many of the pilots are housed in Fountain Valley hotels. Most of my
friends that I know go to the air show every year. There's very little impact on Fountain Valley
itself. So the thoughts on the event is it's a family friendly event that benefits the neighboring
city of Fountain Valley. There is noise obviously for that one weekend. It does impact us a little
But overall, I would say the residents enjoy the air show.
It's a positive sentiment.
And with that, I would fully ask
that you approve this moving forward.
Thank you.
Thank you.
Next is Seal Beach city council member, Lisa Landau.
Lisa, I see that you're unmuted.
You can go ahead.
Can you hear me okay?
Yes, we can hear you.
Okay.
Bear with me.
Okay, hi, my name is Lisa Landau
and I am the current mayor of Seal Beach.
It is with great enthusiasm
that I offer my strongest endorsement
for the upcoming Pacific Air Show.
This remarkable event has become
one of the most anticipated highlights in our region,
drawing visitors from across the state
and beyond to witness breathtaking aerial performances,
World-class aviation displays an engaging entertainment
for all ages.
The Pacific Air Show is far more than a thrilling weekend
of aviation excellence.
It's a celebration of community spirit,
innovation and connection.
For the residents of Huntington Beach, Seal Beach
and all the neighboring cities,
this event offers a unique opportunity
to come together, share in the excitement
and foster a sense of unity
that extends well beyond the shoreline.
The Air Show attracts thousands of spectators,
which in turn benefits our local businesses,
supports tourism and stimulates our regional economy.
From hotels and restaurants to small shops
and local attractions,
the positive economic ripple effect
is felt throughout our communities.
The Pacific Airshow serves an inspiring showcase
for the skill, dedication and teamwork of pilots
and aviation professionals.
It provides educational opportunities for our youth,
sparking interest in aviation, science and technology
and engineering.
The event's commitment to excellence and safety
is matched only by its ability to ignite wonder and pride
in everyone who attends.
The camaraderie and patriotism
fostered during this event reflects the very best
of what it means to be part of a connected
and supportive community.
I wholeheartedly support the continued success
of the Pacific Air Show and am confident
it will once again deliver an extraordinary experience
for residents, visitors, and participants alike.
I fully support this
and I hope you will approve the application.
Thank you.
Thank you.
And we just had one other that we aren't able to find,
Orange County Supervisor, Janet Nguyen.
Janet Nguyen, or representative?
Okay.
I believe that that's Austin Edzel
that's speaking on behalf of Supervisor Nguyen
if you see him in the meeting.
Yes, okay.
I see that.
Austin, you're being moved in right now.
Okay, well, good afternoon everyone.
My name is Austin Edsel, District Director
for Orange County Supervisor Janet Nguyen.
The supervisor has a South Coast Air Quality Management
District meeting right now.
She was not able to attend,
but I will read her statement on her behalf.
Dear Chair Harmon and commissioners,
as the supervisor representing Huntington Beach
in Orange County's 1st District,
I am writing to express strong support
for the Pacific Air Show and urge the commission
to approve staff's recommendation granting a permit.
The Pacific Air Show has become one of the most anticipated
annual events in our community,
attracting visitors from across the globe
while showcasing our beautiful coastline.
The Air Show is not only an incredible experience
for residents and visitors,
it's also a major economic boost
generating more than 120 million
in overall economic impact.
Visitor spending creates hundreds of jobs
and increases tax revenues benefiting local services.
Beyond these economic benefits,
the work that the Air Show organizers
have done to engage our local schools
and empower our students with opportunities
to learn should be commended.
The Air Show fosters community pride
and offers free viewing opportunities along our coast,
making accessible to people of all ages and backgrounds.
Event organizers have worked closely with stakeholders
to ensure that the Air Show operates in compliance
with environmental and public safety requirements.
This includes measures to protect sensitive coastal
resources while maintaining a safe,
family friendly environment for attendees.
Approving the permit will allow this beloved world-class
event to continue to bring joy, economic vitality
and positive attention to our region.
I respectfully urge the commission
to approve the Pacific Air Show's permit.
Thank you for your consideration, Supervisor Janet Whitting.
Thank you.
We have no more elected officials signed up
before we move to public comments.
I'll also note that we have the City of Huntington Beach
staff, Jennifer Villasenor and Eric McCoy
on Zoom and available for questions,
as well as Eric Parra, the Huntington Beach Police Chief
on Zoom and available for questions.
Great, thank you very much, Chris.
We're very excited to hear from the rest of the public.
I'll just remind you to be as efficient with your testimony as you can.
We really want to make sure we get to deliberations in a timely manner this afternoon as well.
With that, looking forward to hearing from you.
Okay.
Moving to public comment for this item.
We have in person Mr. Amori Hanson, followed by Michelle Black and then Rhonda Bolton.
Thank you, Madam Chairwoman.
My name is Mr. Emery Hanson.
I'm speaking tonight in support of IM-12E,
the Great Pacific Airshow's permit.
I truly believe the Great Pacific Airshow
will provide great economic benefits to Huntington Beach,
as it has done several previous years.
I appreciate the effort of the Coastal Commission
to mitigate environmental concerns
and believe the conditions proposed will do so.
The Airshow will also provide pilots
with unique views of Huntington Beach's beaches,
in line with the Coastal Commission's mission
to encourage beach access.
I urge the commission to grant the permit
for having to meet his finest event.
Once again, I urge a yes vote, and I am Tovey, thank you.
Thank you, Michelle Black and Rhonda Bolton.
Good afternoon, commissioners.
Michelle Black, Carson's Black and Mintheer
on behalf of the Bolsa Chica Land Trust.
Our ask is simple, that the project either be conditioned
to protect the Bolsa Chica ecological reserve or denied.
Right now, the CDP does not protect Esha and the reserve
from significant disruption of habitat values.
The air show harms the reserve.
Low flyovers exceed 100 decibels and that's from a city study.
Flushing flocks of birds.
Once streamers were dropped and entangled in power lines
in the reserve over active oil operations.
CDFW and state lands ask the city and air show
to stop flying over the reserve.
They didn't.
Our ask is threefold.
First, a condition requiring the air show
be planned to avoid the reserve.
Special condition 17 provides for pilot briefings with CDFW.
These briefings don't work.
The consent order contained this condition and low altitude flyers of the reserve occurred
on the very first day last year.
Even though the air boss said avoidance was totally possible.
As the flight paths, the city's final EIR states, the determination of flight paths
and altitudes are dictated primarily by ingress and egress routes to and from the air show
performance area and the sequence of air show performances.
The applicant controls these factors.
It can and should minimize flyovers.
Mr. Elliott says they have GPS to avoid it so why haven't they done that yet?
Mind you, the FAA recommends full avoidance of sunset of habitat.
Reserve flyovers happen on practice days not performance days.
If they can avoid it on performance days and they've shown that, again, why don't they
do that all the time?
Second, Special Condition 16 must be revised to require monitoring at all of Bolsa Chica,
1400 acres, with flight recorder data and reports approved also by reserve managers,
state lands and CDFW.
Our third ask goes to enforcement.
To be a plant, we don't trust the City of the Airshow
to protect the reserve.
The City allowed the Airshow to operate four years
without a CDP.
Resource agencies met with the City and Airshow.
Agency staff shared personal observations
of flyovers and impacts.
And the City claims it has no evidence of flyover impacts.
The EIR has no mitigation for this.
Our trust has to be in the commission.
You have the authority to prevent a harm to Esha.
Please continue the matter if needed,
extending it to a five year CDP isn't the answer.
Thank you.
Rhonda Bolton is our last in-person speaker,
then our first Zoom speakers will be Vic Leipzig,
Larry Sloaneum, and John Carter.
Rhonda, go ahead.
Thank you, good afternoon Chair and commissioners.
My name is Rhonda Bolton.
I'm a Huntington Beach resident
and was also a member of the Huntington Beach City Council
from 2021 to 2024.
I am here to urge you to proceed with the utmost caution
in dealing with the Airshow Operator Pacific Airshow LLC,
which I'll refer to as PAS.
The commission has already experienced PAS's
way of doing business.
Things were no different when I was on the city council.
I found it very hard to get answers to questions from PAS.
Matters ranging to whether they had
adequate insurance coverage should,
have and forbid, there be an accident,
to understanding what the foundation was
for their estimate of $100 million in economic impact.
If they had $100 million in economic impact on our area,
Huntington Beach would not have the multimillion dollar
budget deficit that we have now.
I've never seen any credible evidence
to support that economic impact estimate.
Own on the whole, and from the perspective,
as a policy maker and regulator dealing with this company,
I found that PAS just simply didn't seem to take compliance seriously.
I felt like we were involved in a constant game of catch me if you can.
These credibility and accountability wouldn't be a big issue if they were just selling popsicles
on the beach, they're not.
As special condition number 20 says, the Airshow is engaged in a hazardous activity.
So in this unique instance, we have to be very, very careful and I urge you to consider,
you know, PAS's past action and interaction with the state regulatory agencies, because
that's more of an indication of PAS's way of doing business than what you are seeing
right now.
Thank you.
Thank you.
And we have 18 Zoom speakers.
Just a note, Vic Leipzig, you should be able to unmute now.
Thank you very much.
My name is Vic Leipzig, Chairman, Chair Harmon and Commissioners.
I'm speaking today on behalf of the Bulsar Cheek Conservancy in place of our
president, Bob Hoxie, who recently had throat surgery and unable to participate.
The concerns of the Bulsar Cheek Conservancy are not to support or oppose
permit itself, but rather to support the strongest possible conditions to protect the
Bolsa Chica ecological reserve. Past air shows have involved aircraft flying low at low elevations
over the reserve with disruption to bird life and other wildlife as well as the public that
utilizes the Bolsa Chica primarily for its tranquility. So we are strong supporters of
both condition 16 and condition 17. In regard to 17, if there is a possible way for the
for the Commission to impose even stronger, more enforceable regulations about the elevation of
aircraft or to direct aircraft away from the bolster all together, we would strongly support
any stronger language than is present in the existing condition 17. As for 16, the monitoring
program, it looks to us as though the monitoring program outlined in the conditions is strong.
However, we strongly encourage the commission to rely upon the California Department of Fish and
Wildlife and its personnel and to authorize the your director, commission's director,
executive director to grant the condition to the California Department of Fish and Wildlife say so
over the quality of the of the monitoring program. I myself was a member of the hunting
beach city council and mayor and can tell you that the public in this area is a strong supporter of
protection of the Bolsa Chica wetlands. Thank you. Thank you. Next, Larry Slonem. You should be able
to unmute now. Following that will be John Carter, Mel Nutter, and Bob Hoxie. Larry Slonem. All right,
I'm not seeing any movement. We will move to John Carter. John Carter, you should be able to unmute now.
Hi there. Hello. John Carter, the Amigos de Bolsa Chica. I want to thank Chair Harmon,
the commissioners, and the staff. The Amigos de Bolsa Chica. We're closing in on 50 years of
advocating for the protection, restoration, and health of what is now the Bolsa Chica ecological
reserve. We want to thank the commission and the staff for their efforts taken thus far
to mitigate and minimize any negative impacts that the Airshow has had and may have on the
the critical environment and the animals within the Bolsa Chica Ecological Reserve.
I see Mal is on the docket here, so I'm going to step on his toes a little bit and take
some of his words.
We are concerned that in the addendum that the staff now recommends that the CBP be issued
for a full five-year period.
Our concern is that the revised Condition 16H does not provide the full protection that
BCR deserves. The condition as revised recites that the executive director, rather than the
commissioners, may determine that changed circumstances require that the applicant seek
an amendment or apply for a new CDP. If monitoring in 25 establishes the severe impacts
are experienced, but only changed circumstances trigger the need for an amendment or a new CDP,
then the coastal resource protection may fail.
But we think that the monitoring results should be treated as a baseline
to judge the potential impact of future events. Past events have not been fully
assessed. Rather than giving a full five-year
green light, I believe that the commission and the wetland
should have the benefit of a comprehensive review of the impact of the
2025 event directly. The staff's proposed
Those conditions 16A still requires that the applicant reach an agreement with three state
agencies, the terms of the agreement have yet to be negotiated.
Commissions should consider modifying the condition to require the applicant to comply
with the monitoring demands of all three state agencies, including CDSW.
In short, if this coastal development permit is approved, comprehensive review of all environmental
clinics will be crucial before the future events are held.
Thank you.
Thank you.
Next is Mel Nutter.
I am Mel Nutter and currently I'm the President of Amigos de Bolsa Chica and I'm delighted
that John Carter essentially took what I intended to say and made sure that it became part of
the record because Amigos and the Coastal Commission have both for the last 50 years
or so have been involved in concerning itself with the health and protection of the Bolsa
Chica wetland resources.
And if the Pacific Air Show is granted a coastal development permit, every possible measure
should be taken to avoid disturbances to the creatures and the natural resources at
Bolsa Chica.
would point out that the air show is indeed a private event sponsored by a
private company and so presumably the fact that lights are to be directed
near and over potentially the Bolsa Chica ecological resource means that
ultimately it's that private company that's responsible for whatever the
consequences are and we think that it really is important that the monitoring
be treated as a baseline information for 2025 so that you can judge the
potential impact of future events. Past events were not fully assessed, and rather than blindly
giving this event a five-year green light, we believe that you and the wetland should
have the benefit of comprehensive review of the event. Thank you very much.
Thanks. Next is Bob Hoxie, followed by John Kudahe, Vicky Benzing, Scott Thomas, and Omar Combs.
Bob Hoxie, Bob you're still muted. There you go. Sorry, I like to thank members of the
commission for the time and effort putting into this. Sorry, as Vic said, I just got home from
the hospital having surgery, so it's a little tough to talk, but this was important. I am the
the chairman of the Bolsa Chica Conservancy.
We're the NGO that was formed
by the Bolsa Chica Planning Commission back in 1989.
We have been active.
We're located at the corner of Warren and PCH.
So we're there on site every day.
We've been actively watching what the air show has,
the impact it's had on the Bolsa Chica Ecological Reserve.
And we support the staff recommendations.
We think they've done an amazing job.
And on a personal note, meeting Kevin,
I was going to tell you that what a caring person he is
and what a wonderful problem solver he is.
But knowing that he was born in Fountain Valley now,
I'm not sure.
But we fully support the staff recommendations
and appreciate the work they've done.
and I hope that you have approved this for the five years.
Next is John Kudihi.
I always see that you're on two devices.
You should be able to unmute on one of them.
Good morning, or are we still morning?
Good afternoon, my name is John Kudihi.
I'm president of the International Council of Air Shows,
the organizing body for the worldwide air show community.
I've held the position I'm in now for almost 30 years.
I'm participating today to provide some background
air shows and the impact that they have on the people and the communities in which they're held
and to put some of the other testimony you've heard today into a larger context.
The Pacific air shows without question one of the three or four biggest,
best, and most well-run air shows in the country. We think of it as a flagship or foundational show
of the worldwide air show community. Each year more than 250 air shows are held in nearly every
corner of the United States from coast to coast in large cities and small towns in all 50 states.
Airshow pilots use aviation and flight to entertain, educate, and inspire more than
10 million spectators annually. These events don't last long. Nearly all of them, including the show
on Huntington Beach, are held over the course of just three days. And during these amazing
weekends, the events provide the communities in which they are held with the most unique form of
entertainment in the world. They help to explain history, technology, and science
in a way that makes it accessible and interesting to people who might not
otherwise be interested and they inspire hundreds of thousands to pursue
excellence and follow their dreams. When they're done our events leave a
significant economic impact on those same communities. The Pacific Air Show is
one of our biggest and best so its effect is more significant than the
average, but the total economic impact of air shows nationwide now approaches 20 billion
dollars per year. In closing, my message is simple. On behalf of all those people planning
to attend and enjoy the Pacific air show, I urge you to accept the staff recommendation
and approve the event to move forward in October. Thank you.
Thank you. Next is Vicki Benzing, followed by Scott Thomas, Omar Combs, Chris Epting,
David Reiners and Vicki Benzing, go ahead.
You're still muted.
There you go.
Good afternoon.
My name is Vicki Benzing.
I'm a California resident.
I live in the coastal community of Monterey.
And I'm speaking to you today to ask for your support
at the Pacific Air Show and Huntington Beach.
I have perhaps a unique perspective of air shows
as I'm one of the air performers.
That is I'm one of the few credentialed civilian pilots
who's privileged to perform in air shows across the country.
Air shows are truly a wonderful form of family entertainment.
They bring families together in the outdoors
and away from screens to witness the awe-inspiring gift
of flight.
It's hard not to watch an air show and be inspired.
I know that I was inspired in an air show
long ago, as were many of my pilot friends.
Last weekend, I flew an air show in the small coastal community
of Arcata in Northern California.
Sunday morning after Saturday show,
one of the city council members pulled me aside
and told me that he had received a call
from one of his constituents.
This person told him that after watching the air show,
his young daughter now wanted to be a pilot.
And this is just one example of the very large quantity
of feedback that I've received over the years
about how watching me fly in an air show
is ignited a spark in a young person.
At the Pacific Air Show in Huntington Beach,
the flying will take place over the water offshore.
It'll allow thousands of families to gather
and enjoy a day together watching
America's best flight teams perform in the skies above.
There will always be the few who complain of the noise
or the potential impact to wildlife
or whatever they can think of to complain about.
But I urge the commission to ignore personal opinions
and the emotional hyperbole
and focus on the science and the data.
Kevin has commissioned a study
and it was conducted and found no adverse impact
on the environment or wildlife.
So make that the basis of your decision
to approve the staff's recommendation
and allow the distinct flight.
Thank you.
Next is Scott Thomas.
Sorry about that.
Thank you, Chair Harmon, commissioners and staff.
My name is Scott Thomas.
I'm the vice president of CNC Jadoban.
This is so ready.
We wanna thank everybody who worked on this
to get this far in regards to Paul Sachega.
That's why I'm here speaking today
in the protection of the reserve
and its inhabitants primarily the birds.
We understand that it's a difficult environment
to work in right now to do this kind of protections.
We do support the staff recommendations in general,
but we do have some comments I'd like to make.
One, to repeat what a number of people have said,
We had wished that the recommendations
would be more requirements than the recommendations
in regards to altitudes or even a recommendation
or a requirement that the air show avoid the airspace
to the extent safe over both of you completely.
We wish it would reconsider that.
In regards to monitoring,
the best thing that can come out of this,
of a monitoring effort,
is understand what the impacts to birds and other wildlife are and how detrimental they are.
There's no question that there are impacts in any idea that this kind of noise at 100 decibels of
sudden influx of airplanes in the sky doesn't cause a disturbance. It's just going to roll off.
In order to get to good monitoring, which is the minimum that can be done,
we hope you'll consider working with the California Department of Fish and Wildlife
in coordination make sure that the monitors are qualified and understand the birds and have
experience with birds and disturbance are in the right place at the right time and the best way to
do that is to work with the the California Department of Fish and Wildlife, the managers
of the reserve to make sure that the best data gets collected so we have the best understanding
of the impacts and finally before we get done we're not fond wish you hadn't gone to a five-year
permit, a one-year permit to understand the impacts first is a better idea. Thank you.
Next is Omar Holmes, Chris Epting, David Reinersen, Dan Hay and Rod Wilson. Omar Holmes.
Good afternoon Chair Harmon, members of the Commission and Commission staff.
My name is Omar Holmes and I am the Chief Marketing Officer for Visit Huntington Beach.
Visit Huntington Beach is the private non-profit destination marketing organization for Huntington
Beach, our missions to promote tourism to Huntington Beach which in turn fuels
the local economy, creates jobs and supports the economic vitality and
quality of life for the community. To date tourism is the sixth largest
industry in HB, supporting more than 5,000 jobs. The Pacific Air Show is a
highly anticipated event in Huntington Beach both by locals and visitors. This
family-friendly event's unique offering and upbeat energy embody Huntington Beach's
welcoming vibe, patriotic spirit and sense of adventure. Spectators can enjoy
the air show from outside the event footprint or inside the approved fence
area for an elevated experience. And lastly, as several members on the call
have mentioned already, the air show is held in October during Hunting to Beaches
offseason, which helps sustain our local and local economy outside of the busy
summer months. Thank you for your time and consideration. Thank you. Next is Chris
Chris Epting, you should be able to unmute now.
Chris Epting, you were briefly unmuted for half a second.
Chris Epting, you should, are you able to unmute?
All right, I'm not seeing any more movement from them.
We'll move to David Reinersen.
I see that you're joining via phone.
You should be able to unmute now.
You might need to dial star six.
Good afternoon.
Dave Reinersen, 30-year resident of Huntington Beach.
I want to start by stating that I'm not intrinsically
to air shows or air shows in and around Huntington Beach specifically. I've
attended quite a few in my time. What I am opposed to is the lack of respect that
the current promoter shows for citizens of Huntington Beach and for the
environment. A responsible promoter would not have held multiple years shows
without proper permitting. A responsible promoter would have not missed the
deadline to file this year's permit application by over two and a half
months. A responsible promoter would have provided the nine plans required by the
Coastal Commission in a timely way so they could be reviewed by both the
of the coastal commission and the public.
A responsible promoter would ensure that the flight paths
of performing individuals and groups conform
with the requirements to avoid sensitive environmental
locations, especially at low altitudes.
A responsible promoter would have not blocked off access
to public pier and public beach without permission
so they could charge patrons for access
to those public spaces.
In short, this promoter shows a consistent pattern
of irresponsibility to both the coastal commission
and to the public, a pattern that values profit
and expediency over responsibility.
I believe that the applicant's irresponsibility
should factor heavily in any decision
that the close commission makes
and strongly argues against approving a five-year permit.
The applicant should demonstrate its ability
and willingness to comply with the requirements
before getting a multi-year permit approval.
Thank you very much.
Thank you.
Now back to Chris Epting.
We see that you're able to be moved in
as a panelist this time.
You should be able to unmute Chris Epting.
Okay, there's your video.
Oh, you're still muted.
Chris Epting, can you unmute yourself?
It was briefly unmuted again.
I think there's an issue with the unmuting.
We unfortunately aren't able to hear you.
Give us a moment, we'll come back to you at the end.
We're gonna move to Dan He.
Go ahead.
Can you hear me?
Yes, we can hear you.
Hi, my name is Dan He.
president of Premier Girls Fast Bitch Inc,
a Huntington Beach-based national company.
I am also a former chairman of the board
of the Orange County Boy Scouts of America
and serve on the OCVSA board of directors with Kevin.
I operate a very large 17-day public event
that generates over $130 million in economic impact
to Orange County each year.
And this is calculated by destination analysis.
I'm here to speak in support of the Pacific Air Show,
operated and owned by Code 4 and Kevin Elliott.
Kevin Elliott is a top professional
and runs one of the best publicly attended events
in our county each year.
He is very conscious of the environment
and takes all precautions to ensure the safety of the public
as well as the wildlife along our coast
during this majestic and well attended event each year.
The Pacific Air Show is responsible
for bringing hundreds of millions of dollars
of economic impact to Huntington Beach
and its surrounding cities each year.
I'm not quite sure why former Huntington Beach Councilperson,
Pam Bolton, was confused about what $100 million looks like,
but I assure you, this is a $100 million event.
As a fellow Orange County event operator
and a business owner and resident
of Huntington Beach and Fountain Valley,
I am in complete support of the approval
of the Pacific Air Show by the Coastal Commission.
Thank you very much.
Thank you.
Rod Wilson, Dustin Emery, Jackie Robinson,
and then we'll try Chris Epting again.
Rod Wilson, go ahead.
Good afternoon, can you hear me?
Yes, we can hear you.
Okay, wonderful, thank you.
Good afternoon, commissioners, thank you.
My name is Rod Wilson,
and I've lived in Huntington Beach for 25 years,
Just a couple of blocks from the Bolsa Chiga Conservancy.
This isn't just an event for our city.
It's something our community looks forward to all year.
For three days, families, veterans, aviation fans,
and kids watch in awe as the world's best pilots
streak across the sky.
A rare moment of shared excitement
with everyone secretly wishing they were in the cockpit.
Huntington Beach has many events, but this is the pinnacle.
Voted the number one air show in the world.
That recognition comes from unmatched attention to detail,
the beach, the people, the safety,
and the magic of bringing together
the best of the U.S. military and top civilian pilots.
Year after year, they've done this,
they've done it nearly impossible,
making it bigger and better
while keeping it welcoming for all.
The owner, Kevin, is a true hometown hero.
Last year, bad weather grounded the show.
So Kevin made sure everyone who attended
come back this year and enjoy the show they could not see last year. Who does that? Only someone who
truly cares about people, visitors, and the community experience. The air show draws millions
during a slow season generating hundreds of millions in economic impact, and Huntington Beach
spends nothing that gains millions for the city budget and priceless global exposure from hundreds
of millions of social media views, showcasing our city as the place to be.
It's one of the safest major events anywhere. No arrests, no incidents, and
everyone who wants to enjoy the day can do so for free. Even Maverick and Iceman
show up for hundreds of thousands of photos with guests. The residents of
Huntington Beach are proud of this event. We believe the state of California
should be proud to host it year after year. Since it began in 2018, the
the Bolsa Chica wetlands have continued to flourish
with more visitors, more programs,
and exhibit and bird activity.
Thank you.
Thank you, Rod Wilson.
Next is Dustin Emery, Jackie Robinson, Chris Epting,
and then Cathy Ryder.
Perfect. Thank you.
Hello, commissioners.
My name is Dustin Emery
and I'm a resident of coastal Orange County,
specifically Dana Point.
I'm here in support of a Pacific Air Show's permit for 2025.
I believe this event brings a tremendous value
to our coastal communities in Orange County,
specifically Huntington Beach.
It draws in hundreds of thousands of visitors,
it supports local businesses,
it inspires young people like my two kids
with STEM, aviation and service.
Overall, I wanted to make a comment
that the staff's report makes sense,
but I don't think people realize how difficult it is
to put on an event like this.
My listening to this call just shows
how many redundant approvals there are
and kind of government watchdogs waiting for you to slip up
if you don't do everything perfectly.
I believe these conditions
kind of go beyond what's reasonable.
I think the Pacific Air Show is being a good partner
in agreeing to these terms,
but these events are hard to set up
and we need to encourage them.
I encourage the Coastal Commission to lower future barriers
to other organizers who may not be as well healed
as a candidate as the Pacific Air Show.
I encourage you to approve this permit.
We need to ensure that the air show and others like it
can continue to thrive and host events along our coastline.
Thank you.
Thank you.
Jackie Robinson.
Hi, thank you for the opportunity.
1945.
Hold on.
We can actually hear you this time, Chris Epting,
but you'll be next after Jackie Robinson.
We'll come back.
Jackie, go ahead.
Okay, thank you.
Thanks for the opportunity
to speak in support of Pacific Air Show.
I'm Jackie Robinson,
the founder and executive director of the nonprofit WAWOS,
stands for, we're all working on something.
Our mission is to disrupt the narrative
around physical disability in kids and teens,
promote access to adventure for people of all abilities,
and advocate inclusion.
For over six years, Pacific Airshow
has been a tremendous partner within our community events
program.
In this capacity, Pacific Airshow
has annually provided up to 60 complimentary tickets
to the VIP Premier Club, a value north of $10,000,
which allows our organization to host local families
and their children with disabilities
in a catered, fully accessible area
to enjoy this incredible event at no cost to them.
Many of our guests share that Pacific Air Show
is the first time they've arrived at an event
with their child and every aspect of accessibility
has been considered.
Beyond that, lots of performers stop at the Premier Club
for meet and greets, and the kids' thrill
at being seen and celebrated for their full selves
beyond a diagnosis or device
and for their interest in aviation.
Pacific Airshow is truly barrier-free
to families and kids with disabilities.
Kevin Elliott, Code 4, the organizers,
recognize and address the importance
of features like significant infrastructure
for easy movement across the sand,
accessible bathrooms, and wide, uncluttered space.
That helps those who use assistive devices and they can move easily for a truly inclusive
experience.
Pacific Air showed champions accessibility and showcases a spirit of charity by partnering
with and supporting organizations like Wawos and as a parent to a child with a physical
disability, I'm grateful for their thoughtful consideration and we hope to keep this event
on our calendar this year and beyond.
Thank you so much.
Thank you and now for accepting I hope you're parked. Can you hear me? Yes we
can hear you. Thank you so much for your patience I am currently 3,000 miles away
in the Berkshire Mountains that was the problem but I did not want to miss this
I'm driving I don't have a script in front of me I'm just calling to speak
from the heart I've written about Heading to Beach for many years I've written
about seven or eight books two books about the false Chico wetlands over 500
articles about history in the LA times and I want to say that Centennial Beach was
incorporated in 1909 there has never been an event that has brought the city
together on the levels that the Great Pacific Air Show does not just in terms
of the economy as a journalist I've interviewed hundreds of attendees to a
person representing every economic and ethnic strata and it's a remarkable
event. I'm also a board member on the false chicken Conservancy I don't speak
on their behalf today but as somebody who cares deeply about the environment I have
full faith that Kevin Elliott as always will be responsive reactive and as flexible as he needs
to be to take care of the wetlands take care of the city take care of Orange County and make this
once again the greatest air show on earth which again in the history of Huntington Beach there's
been nothing like so I deeply encourage your support today the earth show and thank you for
being patient and hooking me in here thank you and thank you for your patience next Kathy Reiter
Good afternoon. I'm Kathy Ryder, 40 year resident of Huntington Beach. And my concern is as
while I support the air show, my concern is it's now a five year permit. We know that
the promoter has a past practice of not submitting required plans or applications in a timely
family. You know, we know that we don't have, we've got all this list of conditions and
recommendations, but I honestly don't feel that we can assume that they will automatically
do these so I would like the commission to consider giving a permit only for 2025 and
allowing us to watch the promoter actually follow through with all of these proposed
conditions because it seems disingenuous to grant a long-term range permit without the
understanding if these conditions can reasonably be implemented and if they aren't what is
going to be the consequences. So again while I'm a supporter of the air show I really think
We need to give it just a one-year shot to make sure that this, who I would consider
at this point, so often a bad actor in terms of following rules, not this opportunity
to have an entire five-year permit, just to make sure that these conditions can be followed
because there is no guarantee that they will be.
Think about it.
From 2016 until now, this is the first time that we are getting an official permit
with official conditions, that's eight years of scouting
and scouting around the law.
And I just feel that we should be mindful of that and make sure
that we understand that giving them a one-year opportunity
to prove that they can and will follow all
of these excellent proposed conditions should be the
benchmark before we grant them a long-range permit.
So thank you for giving us who live here in Nying to Beach an
opportunity to not only support the airshow, but make sure
that we preserve our environment and we be mindful
of making sure we have good public access to our private,
to our good public access to our public beaches.
Thank you.
Thank you.
And then Larry Sloaneum who we were unable to unmute earlier.
Maybe we see that you're unmuted now.
Can you try talking?
Larry Sloaneum.
Yeah.
Okay, there you go.
I'm here.
I'm not too sure where I'm clicking on, though.
But you can hear me in it, right?
Yes, we can hear you.
We see.
That's good.
I absolutely agree with what Kathy Reiter has said,
and also the comments that were made by David Reiter
and earlier.
But primarily, the concern is the show is great.
There's a lot of things we like about the show.
Been here for 40 years.
There's a lot of great aspects about the show.
They're following the requirements,
following the guidelines.
They've demonstrated, the owner
or the Kevin Elliott company has demonstrated
that they're not fully complying with
having to file these reports and file,
going by the standards.
You know, I don't know how we can stress it any longer.
It just, they have a track record of not complying
with, you know, the guidelines
because there's no enforcement,
there's no real way of enforcing it.
They either don't do it or they skirt it
or however they get around it.
And there's a lot of other considerations
that are coming to a fact that they've talked
about possible making changes to the operation
and what they offer there that could be bad
for the environment or potentially bad for the environment
and potentially bad for the public.
And, you know, so they really need to put up
in the respective, you know,
showing what they can do for the next year
as a year permit, as opposed to a five year permit.
Five years will give them way too much latitude
to work around things.
They should be willing to do, you know,
comply with, you know, the Coastal Commission's guidelines
that, you know, granting them a one year approval
seems fair, it doesn't hurt anybody to have that in place
and provides additional protection for the public.
Thank you.
Thank you.
And we just had two other people
that we weren't able to find.
If I call your name, please raise your hand.
Edwin Laird.
And then the other one is the legendary
acrobatic aviator, Sean D. Tucker,
who was here briefly earlier,
but I assume he's in the sky right now.
I'm, I see one hand raised.
You should be able to unmute under the name Patricia Goodman.
Please go ahead.
Yes, thank you.
Thank you, commissioners and Chair Harmon.
I really appreciated the staff report.
It would have been helpful to have had it earlier,
but we are very grateful for the work
that's been done by staff.
I would encourage the commissioners to adopt it,
as well as the recommendations
from the Bolschika Land Trust.
I do have concerns also about extending
the permit for five years.
Since this is the first time a permit is issued,
this will give the community, the Coastal Commission
and other agencies the opportunity to review data
and that's sensitive to our marine life
and flora, fauna, air quality.
And just one thing, I've heard a couple of comments
that there aren't, there are people in the community
who leave over that weekend because of either PTSD
and pets sensitivity to noise.
So it's not a blanket as in many events
support for this air show at this location.
There's no doubt about it.
It's patriotic and encourages science and enthusiasm
and brings some economic benefit to the area.
but there's a lot of controversy around it.
But this is one area that sensitivity to our bulls chica
that the community fought so hard to protect
over the last 50 years that we would hate to see
any continuing damage to that area.
So I encourage the commissioner to-
Thank you.
Thank you, no more speakers.
Thanks very much to the public for your testimony and now I will return to the applicant.
I believe they have reserved five minutes for rebuttal.
Sure.
Can everybody hear me okay?
Yes.
Thank you.
Go ahead.
Oh, thank you.
And I apologize if I get this wrong, obviously, this is my first time, but just to address
a couple of the comments that were made, obviously, we understand that there's some concerns with
respect to the five-year authorization, but I would reiterate to the commission that it's
necessary for continuity and financial stability of the event. We can't well sell partnerships or
any kind of relationships with respect to hospitality or ways to make this financially
sustainable if we don't know and we don't have the certainty that we can hold the event predicated on
our compliance with conditions. We've obviously worked closely with the staff to integrate an
adaptive management plan that allows for annual reassessment of the potential impacts to the
coastal resources so we hope that that will meet with the commission's satisfaction. As far as
public access we've agreed to the commission's conditions and have taken steps to make this
event as accessible as possible as you heard from some of the speakers. We really have tried to go
above and beyond to that end so I won't opine too much on that point. As far as avoidance of the
Bolsa Chica I had articulated that it's important to me and as the staff report addendum notes
full avoidance of the Bolsa Chica is not possible for safety reasons, nor does Pacific Airshow as
the applicant have control over those items and flight data confirmed by the FAA that all flights
were over a thousand feet. So I would encourage review of the staff report with respect to those
concerns. And again, we will do everything within our power to brief the pilots and explain the
in the sensitivity of the ecology.
But just as a matter of fact, the Long Beach ILS
goes over the Bolsa Chica ecological reserve at 1,500 feet.
And there are approximately 100 aircraft
that fly over there every single day.
And as a matter of fact,
the air show actually reduces the number of overflights
of the Bolsa Chica significantly
because of the flight restrictions
imposed over the top of it.
So I just wanna be very clear about that.
We do not control or direct where people are able to fly
that is in control of the FAA. As far as protection of the Bolsa Chica, proposing
extensive biological monitoring free during rehearsal, during the actual event,
and after the event is important to us and something that we're offering as
part of the conditions, and obviously noting that our prior year monitoring
that we did do, despite whatever may have been shared during public comments,
detected no significant impacts. Pacific Airshow again has committed to an
adaptive management plan where under the biological impacts of 2025 will be
monitored and air showed activities monitored and modified if warranted to
minimize any impacts or adverse effects. And then to address the comment about
Pacific Airshow being an unreputable promoter because we don't obtain our
proper permits, I sort of I will address first and foremost that Pacific Air Show
was under the impression that we were exempt under the Coastal Act as a
temporary event and then we're not required to obtain a CDP. While I
realized that that doesn't absolve us from obtaining one, that was our
understanding through all of our work. Pacific, as you might imagine, an event
that is as complicated as this has just about every agency under the Sun
involved with it, including FAA, Southern California Trailer Con, Homeland Security,
FBI, Orange County Sheriff's, or OCAYEC, you name it, they are involved in at the table,
including the Coast Guard and everybody.
So the idea that Pacific Air show in an event of this magnitude could happen without obtaining
all the requisite approvals and permits, and being some kind of a rogue operator, is well
and truly not a serious consideration.
So we regret that we were not in compliance with the Coastal Act under the executive directors
discretion under the but we have worked very hard with staff to rectify those issues and
I hope that that will be that's been reflected properly in the staff report and that the
commissioners understand that.
There are obviously conditions within the permit that we you know aren't crazy about
but we've accepted them out of respect for the work of the staff and the commission and
the charge that you have and we understand that these are necessary for us to be able
to move forward with the air show and we would urge the commission to consider all of the
comments and all of the work that's been done by both staff and us as the applicant to accept
the staff's recommendation and of course I'm available for any additional questions you
might have.
Thank you.
Thank you very much Mr. Elliott.
Okay we'll close the public hearing and return to staff.
Thank you, Chair. To respond to the comments regarding the avoidance of the Bolsa Chica Ecological Reserve by the Airshow,
this is a topic we pressed the applicant on throughout the application process and had asked specifically what avenues exist to ensure avoidance of Bolsa Chica for the organization of the event.
The applicant has maintained that they do not have the ability to ensure complete avoidance
of Bolsa Chica Ecological Reserve as long as it is within the temporary flight restriction,
which is unavoidable given the 5 nautical mile radius of the TFR when centered in Huntington
Beach.
They maintain that the pilots are given a leeway by FAA safety protocol to fly anywhere
within the TFR, and while they can provide guidance to the pilots for avoidance as is
done in the pre-flight safety briefing ultimately is not possible for them to require avoidance
of any specific locations by participating pilots.
The applicant has the ability to formulate their request for the TFR to the FAA, but
it is unclear whether this request can be made to exclude flight within a sub-area of
the TFR.
So while staff have pursued additional means of restricting flight over Bolsa Chica, our
understanding is in line with the argument by the applicant.
I will also note that the staff have discussed
a no flyover designation for Bolsa Chica
with the State Lands Commission
and the California Department of Fish and Wildlife
several times, which would be the surest way
to avoid impacts to Bolsa Chica.
However, we have not received any subsequent status updates
on their application and or its processing
for that restriction.
I'll now turn it to the executive director
for additional staff response.
Thank you, Seth.
I just wanna thank everybody for participating
the hearing today, all the public that came out, the elected officials that weighed in,
we really appreciate all the input.
And I want to thank Kevin Elliott and the Code 4 team just for their willingness to
work with us throughout this process.
I want to note that we were here over a year ago with an enforcement action in front of
you.
And the last year show was allowed to proceed through an EDCDO.
And with all the information that we have available to us, the conditions of that ECD-O
were followed by this applicant.
And we appreciate that.
And we appreciate, you know, and part of that was also submitting a CDP application for
this year's show and subsequent shows.
So I wanted to note that we are appreciative of their willingness to work with us and work
through conditions and think through how to protect public access and especially public
access and biological resources in and around the air show.
I did want to specifically address the rationale for moving from one year to five year.
So as we stated in the staff recommendation, initially we had recommended a one year show.
The applicant proposed an adaptive management approach to us, and we thought that had some
merit.
added some safeguards on to that in our condition that allow for us to evaluate information
that's provided by the applicant on biological impacts and public access.
And if that information shows that either conditions of the permit aren't followed,
or there are impacts that were not adequately addressed in the current permit, we would
have an ability to reopen and bring it back to you for an amendment, a new permit, whatever
the appropriate path is to address whatever potential issues come up.
So that also means that if in reviewing all the information from, you know, post-event,
we agree or find that there aren't additional impacts, then the applicant can continue with
the show and we'll do it again the next year for five years.
I really feel this gives us an ability to carefully look at the impacts.
We don't have a lot of information that's been one of the problems.
So we're going to get the monitoring information we need and this allows us to review it and
bring it back to you if we need to, and allow them to continue the show if it doesn't show
that there's impacts.
We will be sharing that information with our other state agency partners, of course, as
we would always do and get their feedback as well.
Just wanted to make that point as well.
So with that, I think I'll turn it back to you, Chair, and we are available for your
questions.
Great.
Thank you, Director Hucklebridge.
Okay, I will start with Commissioner Jackson.
Thank you, Madam Chair.
Thank you to the applicant and for all the speakers today, of course, staff.
Thank you for your tremendous work on this.
I absolutely love the enthusiasm associated with this event.
There's not a single person that doesn't appreciate a good air show.
Clearly promises to be wonderful.
I appreciate the conditions.
I think they're crystal clear more than reasonable.
I'm thrilled that the staff and the applicant
have worked so hard together to move this forward.
As we've heard, as you just reiterated,
and as the applicant also alluded to,
even as a five-year agreement, there's no ambiguity.
Conditions must be fully satisfied each year
for the event to proceed.
I had one question about special consideration number three.
Requirement to submit a comprehensive parking plan for the event. I'm assuming am I safe in assuming that includes
Transporting attendees from
Distant parking as all the local close parking will be
Utilized for the event and that that
shuttle transport from
Distant parking will include accommodations for individuals with mobility challenges
Yeah, thank you, Commissioner. While we had discussed with the applicant, having a shuttle
service at one point, that was not something that they proposed in their project. So that's
certainly something that could be discussed with the applicant further through the compliance
for that special condition, but that special condition is just to address their proposed
plans for parking management and I I don't see how a parking plan for the
event would not include getting people from distant parking to the location
and that that would include accommodations for mobility challenge
folks so I'll just leave it at that thank you Commissioner Lopez I do want
to just commend staff for this thorough report.
I do come from the land of the legendary acrobatic pilot
Sean D. Tucker.
And that means something to me.
And what that means is when I was a kid growing up,
I'd be in the Salinas Valley, typically playing at a park.
And I'd look up, and I'd see that red Oracle playing.
He was famous for that bright red playing
with Oracle written across the wings coming in way too low.
But it was awe-inspiring.
And it was one of those things that made you think
beyond the small town that you were from.
And when I think about this event
and the way that it draws people
from beyond just Huntington Beach,
but from throughout California,
to not just come see planes, but to see the ocean
and to see this place that we all love
and introduce them to a place that should be protected.
My hope as we move forward
is that the most important piece to me
that I hope we can elevate is the mitigation, right,
but also education about Bolsa Chica to our visitors.
It's an opportunity with a captured audience.
I'm hoping we get to a point where that group can table
at the event and share the importance of that habitat
and what we've worked together for so long to protect.
And so it's an opportunity to create cross pollination
as we move forward, which I think is really important
so that we understand the challenges
that each of these advocacy groups as I see them are pushing.
But big picture, just want to share that I'm supportive
of the approach that we've put forward again
with the monitoring being the most important piece to me
as we move this forward.
Thank you.
Thank you, commissioner.
Commissioner Notoff.
I wanted to just, I appreciate Executive Director Huckleberry's
explanation of how this is, well it says five years,
it's really every year, it is a one year review.
I guess my question on that is, is there any third party
that's gonna have a look at that?
Is the city gonna look at the results of the monitoring
or is there any third party in that?
So as the conditions are written right now,
we don't have designated any third party.
I think in our natural,
the way we would review these things,
we would share as I explained
with other resource agencies that have interest
And frankly, anybody, it's public,
it would be a public document.
So anybody who wanted to see the monitoring
would be able to, we would share with immediately
and get their feedback.
So that's our intent.
And if you're looking for something more specific,
please let me know when we can figure out how to address it.
I was just wondering if we wanna make,
was the city gonna be a co-validator or somebody?
I don't know.
Generally having the applicant report
on his or her own performance,
I question whether I think it's more valid
if there's a third party that would take a look at that.
And so I appreciate the approach.
And I would like you to think about how you're
going to verify it's the real deal.
And then just to, you know, Bolsa Chica is in the,
and along with Bionar, in the pantheon of wetland protection
sagas that California has been struggling
with over the years.
And we've gotten to a point in Bolsa Chica
where we really have the kind of resource protection
that we work on for so long.
So I appreciate that the applicant understands that now.
I don't know how he lives in the Bolsa Chica Reserve,
but I did see the picture from his backyard.
So I don't know how he's living there,
but it is a very special place.
So, that would be my only question with that understanding that it really is functionally
a one-year review.
That satisfies my concern.
Thank you.
Commissioner Wilson.
Thank you, Chair Harmon.
I just want to express gratitude to the staff and to, you know, in the hard work that they
put in to work with the applicant.
I think there has been at least an issue of trust, and that's something to build on.
We've been in those places before with folks in, and I think that there is a real opportunity
for some relationship building in this space, and so I'm looking forward to that.
I think that the annual check-in is going to ... I'm optimistic that we're going to
get there. And it's not just trust between the applicant and the commission. There seems there's there's some trust issues with with community members as well. And I think there's there's work to be done there. And and I'm just hoping for a positive trajectory in that regard.
The both suggestions made by Commissioner Jackson and Lopez I think are should be highlighted. And I know you guys can come back and take a look at it. But I do think it is important.
especially when you're talking that many people coming to that kind of location, you do need some transportation.
And even just small festivals in my small county, we have transportation.
We work with our local transit authority to create shuttles and those sorts of things.
It was also a great opportunity to get people using your local transit as well.
And it's a good interface for that and it gets people on the bus that maybe don't even usually get on to the bus,
and especially if it's free and going to an event they really want to go to, even locals.
So I think it's important that that's part of that transit plan.
And I think that the interface with Bulsa Giga is promoted by Sui Roy Lopez,
excuse me Commissioner Lopez, is I think a pretty good idea
and should be supported by the applicant.
With that, I'm supportive of the conditions in the project.
Thank you.
Any further comments or questions?
Motion?
Commissioner Jackson?
I'll go ahead and move that the commission approve coastal development permit number
5-25-0242 pursuant to the staff recommendation.
Second.
It's a motion by Commissioner Jackson, a second by Commissioner Lopez.
objection to unanimous consent seeing none the permit is approved okay if you
don't mind I think we'll continue on without a break and that brings us to
item 13 the deputy directors report for the San Diego Coast District thank you
chair Harmon and in the deputy directors report we are reporting approval of an
emergency permit that authorizes the applicant to install a shot creek tie back protective
device on the bluff at 5322 Calumet Avenue in the La Jolla community of the city of San
Diego. The follow-up permit of course will be reviewed by the commission at a later date.
Then we're also reporting four waivers and one immaterial permit extension. We're not
not aware of any opposition on these items, and we're asking whether three or more commissioners
object to the waivers or the permit extensions.
Thank you.
Are there any ex partes to report?
Any public speakers on any of the items?
There are no speakers, just those available for questions.
Great.
Thank you.
Do three or more commissioners object to any item in the Deputy Director's report?
Seeing no objections, the commission concurs.
And I think now we're going to return to the trailed public comment from this morning.
If there's any available, Chris?
We are going back to the general public comment.
We had a total of 12 speakers signed up.
Let me organize my list really quick.
First we will have Walter Lamb followed by Italia Salvage and then Janet Rogers.
Walter Lamb, you're being moved in.
you should be able to unmute and start when you're ready.
Thank you, commissioners.
I know you've had quite a long day.
I revisit this issue of the Bina Wetlands
timeline for precisely the reason
that Commissioner Addoff mentioned is there
are things that have gone on for decades that really
have a high level of interest for the public.
And so the concern is that with five years ago,
you're having a timeline for the Bina Wetlands Restoration
project, and now not having a timeline.
That seems to be a significant step backwards.
And there are a number of CDPs that this commission has
approved based on a timeline.
And so, Commissioner Naudow, again,
I appreciate your mentioning the Bayona wetlands.
I know that you were part of the coastal conservancy in 2012
when $6.25 million was allocated to do the engineering
designs.
Unfortunately, those got done using the wrong flood control,
really unfortunate, unforced error.
And I know that you were part of the Coastal Conservancy
again, nine years later in 2021, when an additional $1.7
million was allocated, which was the last of the Proposition 12
funds.
And then again, you spoke about the importance
of sea level rise in 2022.
And again, here we are in 2025.
In 2019, you invited a number of people to come and talk
about the Biono Wetlands Restoration Project
to get an update because you were concerned
about the timing.
And it's one of these things where then we go six years later
and I know sometimes we can just get numb to those things,
but that's really then when we see these ecosystems
not meeting their potential.
And so in October, I believe you're in Redondo Beach,
It would be great if we could have a field trip
and maybe an informational item,
again, six years after the last informational item,
about this project, just generally, you know,
where it's going.
We'd really appreciate that.
Thank you very much.
Thank you.
Italia Salvage, Mark Ranjak, Alice McNally.
Good afternoon commissioners.
I'm Italia Salvage with the Bellona Wetland Slantress.
Last month I spoke about the habitat stewardship work
We are doing an area A of the Bayona Wetlands Ecological Reserve.
We have another event tomorrow and also on Saturday, August 30th.
This first photo shows native species.
On the right, we have Laurel Sumac.
On the left, there's some coastal sage scrub.
And if you look closely in between, there's also alkali heath.
And they are all being surrounded by the invasive species we know as ice plant.
The California Department of Fish and Wildlife, our staff and volunteers work diligently and
carefully to remove this ice plant so that the native species could thrive.
Tomorrow, next slide please.
And then, yeah, if you see here, this is the results of the work we did.
Tomorrow, we have an event from a stewardship event from 9 to 11 a.m.
Next slide please.
noted on the flyer and everyone is welcome to join us in helping to restory the native habitat.
This land was designated an ecological reserve 20 years ago and we are hoping to start a new
chapter for Bayona wetlands, a chapter that emphasizes community involvement, ancestral
knowledge from tribal engagement, and wildlife friendly public access. If you have any questions
about the wetlands or our work, my email is etalia at bayona.org. Thank you. Thank you.
Mark Ranjak, Alice McNally, Sam McDonald. Mark Ranjak. This is Mark Ranjak. I'm a member of the
San Diego Embarcadero Coalition. I wanted to kind of just touch base on an issue of the
Seaport San Diego project that may not have been discussed enough at this point. San Diego's
existing sewer and stormwater systems have proven to be inadequate and failure-prone.
We've seen this over and over again in the last several years with significant flooding
and sewage spills into the bay and also property damage all around seaport's village. Here are a
couple images and some data regarding three significant sewage spills into the bay,
including the devastating January 2024 flood which released uncounted millions of gallons
of sewage into the bay. On the right is an image of this major sewage and stormwater flooding right
in front of Seaport Village. Clearly the existing systems cannot handle loads now. Second slide,
please. While part of this responsibility clearly lies with the city of San Diego, one highway one,
the port's selected developer for Seaport San Diego will only make the pollution and other
problems worse. On the left are footprints of the proposed new major buildings creating four times
the roof stormwater runoff compared to existing seaport village. The current plan reduces
absorbent green landscape and increases impermeable paved areas around adding stormwater load.
Over 2,000 new hotel rooms and an additional 1.3 million square feet of other commercial space
We'll add over 600,000 gallons per day of sewage load. If current systems cannot handle existing,
how can they handle these enormous added loads unless someone upgrades the infrastructure?
OneHogway1 has completely excluded this infrastructure problem from their planned
seaport San Diego redevelopment. This will only lead to more bay pollution and property damage.
Seaport San Diego in the Central Embarcadero Planning District, as you know, is omitted from
from the Port's master plan update.
It's such enormous submitted environmental risks.
I heard you.
Thank you, sir.
Thank you.
Thank you.
Alice McNally, Sam McDonald, Leslie Kashiwada.
Alice McNally, go ahead.
Alice, you're unmuted.
You should be able to begin.
All right, I'm not hearing anything.
I see that you're unmuted.
We are going to move on to the next speaker.
Sam McDonald, go ahead.
Hi, this is Sam McDonald, sailor,
and looking forward to Newport Beach.
I know you guys are probably all exhausted.
I want to thank Commissioner Wilson
for his suggestion earlier today about contacting the SLC
about our concerns in Newport Beach.
I promise we poke them as much as we poke you.
Any minute now, the SLC will publish the report
on the City of Newport Beach's
Public Trust Land Management,
which will be discussed at their meeting next week.
I think I've refreshed the page about 100 times already,
trying to wait for the report to get published,
but not just yet.
We've waited so long for this report
and our community is super nervous and see how it goes.
But whatever it says, please do your best to think about us
when you design a follow-up action.
I'd like to remind the commission that although the SLC
has jurisdiction over rates in the Tidelands,
it's your commission that reviews
and approves coastal development permits.
And Newport Beach's short-term license conversion program
is not just a rates program.
The program substantially changes the use of the coast,
which determines the need for a CDP.
And this especially affects me, who's a liveaboard,
which you can actually see where my boat is
right behind me on the background.
You guys keep talking about affordable housing
and prioritizing it.
Well, this program eradicates the form of affordable housing
and the boat that I live in.
This requires a CDP, this requires you.
This is why I waited for four hours
to give a two-per-minute public comment
because I really care and I really hope you pay
special attention to what the SLC comes in the report next week thank you thank
you trying Alice McNally again can you hear me yes now we can hear you go ahead
we all agree that San Onofre's radioactive waste must be moved away from
the surf to higher ground on Camp Pendleton recent events prove this
earthquakes and tsunami warnings in July climate change bringing king tides of
over seven feet. Sea level rise 35% faster than expected globally. More severe storms.
The cans are seriously scratched and corroded as seen in photographic evidence from the
SCE, Southern California Edison, which SONGS continues to deny. Executive Director Kate
Hucklebridge and others on your commission have stated that something must be done. You
You have the authority to revoke Song's license if a substantial issue exists, and it does.
Song's license was issued on historic climate data from the NRC and not climate projection
data, which was available to them, without the most up-to-date data being incorporated
into the licensing process.
It is unclear whether the safety margins for nuclear power plants are adequate to address
the risk that climate change poses to the toxic material, most toxic material known to man.
Please comment and please do something about this.
Thank you. Next, Leslie Kashiwada, Margaret Gossett, and then Diana Sandoval. Leslie Kashiwada.
And I have my slides. Thank you. Good morning. Good afternoon. My name is Leslie Kashiwada,
an irisite in Fort Bragg. I sent a letter last Friday pointing out the slow progress towards
remediation of the toxic mill ponds on the headlands and I'm just going to take you on a little tour
of some photos of the site because you will be visiting in September and you may actually walk
the site but these are things that are a little hard to see. So in this view looking east towards
Fort Bragg, you can see the location of Pond 7. So next slide please. This is a view of Pond 7
to the left and you can see how oversteepened the slope is. And these slides were taken
from the Stability Assessment Report done by Arcatus in 2010. Next slide please. This is just
beyond that, just to the east towards Fort Bragg. This is a retaining wall where there's has been
significant leakage of from the pond out into the lowland areas. Next slide please.
And this is further to the east towards Fort Bragg that shows areas where there have been localized
instabilities and slumping. So this is taken in 2010 so we're 15 years out from there.
Next slide please. So now we're going to go west of pond 7 to the ocean side of the beach burn.
Next slide please. And this just shows the the way in which pond 8 was created. It was by just
putting concrete and riprap on top of the cliffs and then you know building it up so that a pond
could be created and you'll notice to the right the outflow. Next slide please. This is just another
slide showing that overspill area. Next slide please. This shows some of the
very little. I look forward to you coming in September and seeing it yourself. Thank you.
Thank you. Margaret Gossett and Diana Sandoval. Margaret Gossett.
Good afternoon, Chair Harmon and commissioners. I want to speak about something fundamental,
public trust. The public entrusts this commission with decisions that shape the
coast for generation. That trust depends on a shared commitment to facts,
verified, complete, and accurate. But sometimes important decisions are made based on information
from local governments that later proves to be inaccurate, and when that happens and it's
not corrected, it doesn't just undermine the outcome of one case. It undermines confidence
in the process itself. Staff work under enormous time pressure. I understand that. But this
makes it all the more important to verify key facts independently, especially when they
come from a party with a stake in the outcome. The Coastal Act was built on a promise that
decisions would rest on the best available information and that the public could trust
the process, even if they disagree with the outcome. I urge you, in every case, large
and small, to make sure that promise is kept. Because public trust is not a renewable resource.
Once it's gone, it's very hard to get back.
And finally, sometimes, even after a vote, important facts already in the commission's
own record come to light as having never been verified.
The Coastal Lab gives you the ability to revisit a decision within 30 days when fairness and
accuracy demand it.
I hope you'll always consider using that tool.
Thank you for your consideration.
Thank you.
Diana Sandoval.
Good afternoon commissioners, I am Diana Sandoval and this is my ninth time discussing the block
public equestrian hiking trail at 3215 Faux Hill Road, Carpentria.
To recap, this public trail, which should be accessible to the public, has gone unrecorded
and blocked for years.
Despite this clear violation, Santa Barbara County has known about this for 15 months and
the commission has known for 14 months, but the issue remains.
The public trail is unrecorded and blocked.
The 15 foot wide public equestrian hiking trail easement
was required to be recorded prior to land use clearance.
Yet this condition was not met,
but the permits were unlawfully issued
violating the Coastal Act
and the permit condition set forth in several CDPs.
Slide, please.
Since the trail has gone unrecorded,
the commission has the opportunity to require the county
to immediately open a southern entrance
via Sarah Polo Drive, a public street, which we see here.
This would allow immediate public-to-public access
once recorded.
Slide, please.
Santa Barbara County is using a one-foot buffer,
again, one foot at Sarah Polo Drive,
which the same property owner owns
as an excuse to deny this southern entrance.
As we see in this grant deed, the one-foot buffer
is part of the same deed and should not be used as an excuse.
I urge enforcement staff and new commissioners
to uphold the Coastal Act
and ensure that the polo trail is promptly recorded
and immediately open to the public.
Santa Barbara County Planning and Development
has a documented pattern of unlawfully exempting
this property from permanent requirements
and the Coastal Act, thank you.
Thank you, we had four other speakers
that we aren't able to locate at this time.
Marcy Snyder, Janet Rogers, Jennifer Creston, Nicole Levin.
Please raise your hand, again, Marcy Snyder,
Janet Rogers, Jennifer Kreston, Nicole Levin.
I'm not seeing any hands raised.
Thank you for those speakers that stuck around
through our regular agenda
to come back to general public comment.
Great, thank you so much, Chris, I appreciate it.
Okay, very briefly, any commissioners wanna ask
any questions related to what we heard in public comment?
No, great, amazing, thank you.
Okay, well, a couple things before we close.
First, thank you so much to our staff, as always,
for the incredible work this month.
our team at AGP, we really appreciate all that you do for us. And of course, the MRCA
and folks here at King Gillette, it's just been incredible hospitality and we love being
here. So with that, we will close this month's hearing and look forward to seeing everyone
next month in Fort Bragg.