Okay, good morning everyone. Welcome to the Friday session of the California Coastal Commission
I'll call this meeting to order and may we have a roll call, please. Yes, Commissioner O'Malley present
Vice-chair Hart
present
Commissioner Jackson here
Commissioner Lee here
Commissioner Oglesby here
Commissioner Kalmyk here Commissioner not off here
Commissioner Moreno present
Commissioner Wilson
present a
Commissioner Brownfield
here
Commissioner Williams
here and chair Harmon here
We have a quorum. Thank you very much. May we have the virtual meeting procedures, please?
Good morning. This Costa Commission meeting is occurring both in person and through zoom
This meeting is also being webcast and can be viewed online at Cal
If you have internet access and wish to watch or listen to the meeting only and not speak
on an item, we recommend that you use the CalSPAN website.
Those who wish to address the Commission today can do so in person, through the Zoom platform,
or by phone.
The speaker request forms may be found on the Commission's webpage.
Paper forms and a scannable QR code for a paperless submittal are available on the Commission's
staff table just outside of the meeting room.
For those on Zoom, we have posted virtual hearing procedures on the Commission's agenda
webpage, which is a guide on providing comments via Zoom or by phone.
Members of the public speaking during general public comment 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 comment 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 a 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 it at access or prefer
to testify by phone, please call the Commissioned Staff at 562-477-9089.
Again that number is 562-477-9089. Staff will provide you with a
telephone call-in 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 is 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. Great, thank you very
much and now I'll turn to our chief counsel for a report out from
yesterday's closed session. Thank you, Chair Harmon. Yesterday the Commission
met in closed session and it voted to vacate its July 2020 denial of the
Coastal Development Permit submitted by
Shear Development Company for construction
of three single-family homes in Los Osos.
It also dismissed the appeals of
that permit for lack of jurisdiction.
The commission also received litigation information and
advice and took action on
two matters of potential litigation
and pond versus city of Del Mar at all.
And that concludes my report.
Thank you very much.
And now we'll turn to agenda changes, please.
Good morning Chair Harmon and Vice Chair Hart and commissioners. I will now go
over the changes for today's agenda. First item 8a the County of Santa Barbara
LCP amendment for an agricultural enterprise ordinance is moved to
consent. Item 10a the University of California at Santa Barbara notice of
impending development for a prescribed burn and habitat enhancement project a
oil point reserve is moved to consent. And item 13a the dispute resolution for
Breitenbach is withdrawn. In addition we have one change since the agenda
changes memo was published and that is item 12a which was originally intended
to move to consent. That item 12a the City of Long Beach CDP application is
is postponed. That concludes the changes to today's agenda, so that brings us to item
four, general public comment, and with that I'll turn the mic back over to you, Madam
Chair.
Thank you, Mr. Hudson. Appreciate it. All right, I will go to Chris or Galen for general
public comment.
Thank you. 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. Each speaker will be allowed two minutes during
general public comment at the discretion of the Chair. In order to allow for live video
testimony on Zoom, we will be bringing you in as panelists. As we bring you in, your
Zoom will reload. This may take a moment. To speed up this process, we will bring several
people in at a time. But please remain muted and keep your video off until we ask you to
speak. After your time is up, you'll be moved back to the attendee mode. For members of
the public present in the room. I will call your names in the order that they
appear on our sign-up list. When you hear your name, please line up behind the
podium and introduce yourself when you approach to speak. There is a raise hand
function that will help us find you in the attendee list. If you are using a
phone for audio, you can raise your hand by dialing star 9. If you are
participating by zoom, you should see a button on your zoom screen. If you have
signed up to speak for this item and are able to do so please raise your hand now.
When it is your time to speak we will invite you to unmute and turn on your
camera. You can unmute yourself on a phone by deling star six. First up in the
room we have Vanessa Rivas Villanueva, Dr. Alex Montanoia, and Marcos Lopez.
When that's a realist, but that's not a realist.
Vanessa Rivas Villanueva, please go ahead.
Good morning, everyone.
I'm Vanessa Rivas Villanueva with our Justice.
We're a public interest law organization.
We're also members of the Impact Project
and Stand in Solidarity with Core Hub members here in Humboldt.
You heard a lot of us speak yesterday,
so hopefully you remember our collaborative.
As you've heard from others,
we are working to preserve the integrity
of the environmental review,
and advance responsible port projects,
specifically those proposed at our communities,
the offshore wind terminals for Long Beach and Humboldt.
Project specific decisions and permit review
are still a ways away for you,
but the commissioners can begin to partner with us
so we can exchange knowledge and expertise
on how best to prepare for the decision making.
I wanted to ground us in the reality
of the air quality crisis in the South Coast.
Our attainment challenges are getting harder,
yet the Air District still has mandates
under the Clean Air Act.
Attaining air quality standards matters
because, as you know, it could trigger
severe air quality, Clean Air Act sanctions,
which includes increased permitting costs
by requiring more emissions offsets.
There could be a loss of federal highway funding,
that's tens of billions of dollars,
quite a significant amount for the South Coast region.
And there could be a federal takeover
of air quality management.
The last time this happened back in the 90s,
they proposed no drive days.
So who knows what ideas they'll have this time around.
The federal government is attempting
to roll back nearly 10 years of CARB's rulemaking.
For example, there are enacted congressional review
resolutions, such as the Advanced Clean Cars 2
and Advanced Clean Trucks.
There's loosening of federal rules,
such as the heavy duty engines for 2027 and later.
And there are pending Congressional Review Act
resolutions.
specifically wanted to name the ocean going vessels at birth and the commercial
harbor craft are included both of which are specifically important for the ports
of Humboldt and Long Beach for these offshore wind terminal projects. In other
words solutions are needed to scale the move the needle on emissions. There's a
lot of challenges but we also have a lot of solutions so we hope to continue to
partner with you all commissioners so we could get together and prepare for the
decision-making that's ahead of the offshore wind terminal projects thank you
thank you next up we have dr. Alex Montanoia followed by Marcos Lopez and
then Rod Gonzales and I have a slide deck with this please one moment good
morning my name is dr. Alex man to Nona I'm a policy advocate with the Central
Coast Alliance United for a sustainable economy or cause we are members of the
impact project and we work out of the central coast being Vinter and Santa
Barbara counties. Now we talked a lot about development of offshore wind
yesterday and one thing that we really want to highlight which is the through
line is that we can't repeat the same mistakes in development as we have done
in the past. Now Oxnard and Port Waniemi as you can see on the map from Cal
EnviroScreen has some of the worst pollution burdens in the state and this
is from a wall of industry that it plagues our south coast. Now we are
engaging with labor partners, nonprofits across the state, academic partners and
We're starting to do the work and groundwork to understand what offshore wind is going
to need.
Next slide, please.
Now I'm not going to go through all this, but we've started doing surveys across the
Tri-County area.
We have some survey results for about 2,300 residents.
Next slide, please.
Now first things first is that people like offshore wind.
About a majority of them are in favor.
If you go to the next slide.
If you actually educate and talk about the pros and cons, this goes up to about 70%
of people that are in approval of offshore wind.
Next slide.
Now, of course, there is a lot of education that needs to be done.
When it really comes down to it, about 75% or so have little or no familiarity with offshore
wind.
So a lot of education needs to be done, and we are starting to do it across the state.
Next slide, please.
Now, as you heard yesterday with the Impact Project and Core Hub members, we are starting
to develop our own ways of engaging developers and figuring out these developments.
We're doing the education, we're developing people's plans, where we understand the effects
of industrialization and how we can make decisions by putting people over profit.
And thank you very much for your time.
Thank you.
Next up, we have Marcos Lopez.
by Rod Gonzalez and then Thearl Goldin.
Good morning commissioners. My name is Marcos Lopez. I am speaking today as a
member of East Yard Communities for Environmental Justice
in Solidarity with Corhub and the Impact Project.
I live in Long Beach, California, a port-dependent city where
residents adjacent to the port experience firsthand
the daily impacts of heavy industrial operations
from truck traffic and diesel exhaust to petroleum pollution.
For over a year I have had the privilege of working alongside
community members from Samoa, Eureka, Arcata, and the Wai'a Nation Tribe.
Yesterday it was an honor to join Coastal Commission staff to visit Samoan
person, a community I had previously only
known through the passionate stories of residents.
Through these shared stories I have learned about Samoa's strong sense of
community, but also about the deep distrust surrounding the primary landowner
due to repeated failures to deliver the future of Samoa.
Yesterday's visit allowed me to see the resilient community in action.
As we build cross-jurisdictional solidarity, our goal is to advocate for
development that prioritizes public well-being over corporate profit,
holding accountable developers who seek short-term monetary gains at the expense
of long-term community health and stability.
I urge the commission to question the appropriateness of the industrial zoning
in the community when that time comes.
Such zoning makes little sense today
for a post-industrial community adjacent to the Bay
and in close proximity to residents and children.
The long-term environmental and public health costs
threaten future generations in Samoa,
leaving behind lasting hazardous waste and burdens
long after operation cease as seen today in Samoa.
Protecting California's coast and ocean
requires prioritizing community
while being over industrial uses.
Thank you.
Thank you.
Next up, we have Rod Gonzalez, followed by Thoreau Golden,
and then Kent Sawatzky.
Good morning, commissioners.
My name is Rod Gonzalez.
I am a resident of Samoa, as well as a homeowner.
I've been in the trades for 40 years in construction.
And over them 40 years, I heard several jokes.
And please don't take offense to it.
Excuse me.
Real quick, sir.
Could you aim the mic a little bit more in your mouth?
Sure.
Thank you.
Over several years, I heard a joke over several years,
and it goes, installing a mailbox near the coast,
and the Coastal Commission would know within the hour
fines and permits in hand.
Yet in 40 years, pulling my own permits,
I never once dealt with this commission.
I raised this because I bought a home.
My realtor never disclosed that a heavy lift marine terminal
tied to a wind energy project would be just 80 feet away from my home.
This may be the closest industrial site of its kind to a residential community, anywhere
under world.
Separately Danco, the developer, remodeling homes in our area has caused ongoing violations,
including lead abatement issues, sewer contamination, unsafe practices for their employees.
I reached out to OSHA, EPA.
They couldn't respond in time given how remote we are.
So our community began documenting violations ourselves.
That is why I'm here asking the commission to bring the same scrutiny to the project
permitting and Danco building developer as well as district supervisors, county permitting
agencies.
affects a hundred and eighty living a hundred and eighty excuse me children
living in our community today noise pollution vibration safety and lighting
will shape their health in our lives now and for the future the renderings we've
seen shown equipment three to four times as height the height of our homes taking
our Bayview shed away entirely we were asking the Commission to hold this
project highly accountable before permitting through real community
engagements and community benefits that protect our waterways, our oysters, our
birds, and our children. Our talk recommendation remains relocation. To our
knowledge no alternative site studies exist. I hope thank you very much. Thank
you. Next up we have Tharel Golden followed by Kent Swatsky and then Mitch
Silverstein. Good morning chairman and board members. My name is Tharel Golden.
I'm a resident of West Long Beach, California.
We are a portion of the city of Long Beach, California.
We live adjacent to the ports of Long Beach and Los Angeles, one of the most polluted
areas in this state, if not the country.
We have experienced more than what is equivalent to one mass shooting a day with deaths from
the ports.
That number is rising.
We are asking the Coastal Commission, these events are happening within the Coastal District,
to give us some relief.
The Coastal Act states that when, I'm going to say at disadvantage, or not the disadvantage,
that's not written, but when there is an instance that causes more damage to people, you can
have stronger rules. That, to my knowledge, has not happened or has ever been discussed.
We need to be able to report incidents. If the incident is not directly in the jurisdiction,
then it should be passed on to that agency that it is. There should be more collaboration
between the agencies, whereas people do not have the expertise to travel the different
agencies. That takes time and years of experience and learning that leaves the
public in a disadvantage at any time in any incidents because people have been
complaining for years. The Port of Los Angeles and Long Beach started off as a
300 acre mudflap. It is now expanding over 8,000 acres. We live in a county
that has more than 11 million people. It is too large to be an industrial area
area. That industrial area covers a lot of space, produces a lot of death, sickness,
and it will continue for 80 years after the oil has been used. Once we shift from electric,
the pollution is still going to be there for 80 years. It's not going to stop. Thank you.
Thank you. Next up, we have Kent Sawatzky, followed by Mitch Silverstein, and then we'll
We'll be moving to Zoom with Cindy Abbott.
Ken Sawatsky?
Ken Sawatsky, alias Red Sutherland, 31.
Condors, now our tribes have put in effect here.
I think that's wonderful, they're doing their job.
Listen to these people.
I can, I'm self-diagnosed autistic
and refer to myself as autistic, savant, psychic.
I can tell the future.
All it is is common sense
and assimilating all the knowledge you can,
which I started instantly on this offshore wind.
And I also communicate with people,
such as Homeland Security, people way up the ladder.
So if you build this heavy lift terminal out here,
the federal government, not necessarily in this regime,
but the next would like it,
will go ahead and turn this into a strategic port.
You will have no control over what happens.
And they will go out and they will use
this heavy lift terminal, not for offshore wind,
but they will go ahead and use it for oil derricks.
You have one of the largest oil and gas reserves
right off our coast here, and that's what will happen.
That's my crystal ball, based upon knowledge of fact and common sense.
I also have another thing, it's a sad day for all of us because I'm 9-11.
These people were amateurs.
A fellow autistic person brought this to me, and I hope it never happens.
But California could be obliterated entirely in 24 hours if somebody wanted to.
Either Mother Nature does it with an electric storm, a lightning strikes, or man does it.
Three sesamas leaving the Mexican border in the evening when you have Santa Ana winds
and storms coming up this direction loaded fully with flares, GPS, and three stops on
the way.
It would make a trip all the way from the Mexican border up to Washington, most likely.
And that whole area would be burned to nothing within 24 hours.
Consider that scenario.
That's how you folks down south most likely may face the future as far as the blackening
goes.
Very sad thing that could happen.
Mother Nature, I'm going to give a crystal ball an offshore wind.
Mother Nature will do the same thing she did off of England when they did their first trial
ones out there.
She considers those things to be fingers in the air, flipping her off and she will put
those on the beach in big piles.
Thank you from opportunity to speak today.
Thank you.
Silverstein, followed by Cindy Abbott and then Ken Allen.
And I had a slide deck.
I have a slide deck.
One moment.
Sure.
Thanks.
Good morning, commissioners.
Mitch Silverstein with Surf Fighter Foundation.
I'm sure many of you have been following the news
in Southern California this week,
but in case any of you haven't, I
wanted to provide some updates on the impacts of Hurricane
Marie swells, high tides, and the marine heat wave.
This first picture is Carlsbad.
That's my local beach tamarack.
That's what it looked like a couple of months ago.
Next slide. That's what it looks like today, and that started happening before even the marine,
uh, the marine swells. It was just from southern swells, uh, big summer swells. Uh, next slide.
This is Long Beach, uh, where, you know, the hurricane marine swells really hit the peninsula
hard. Uh, the homes all survived, but the beach is gone and the boardwalk is thrashed and closed.
Next slide. This is a familiar location for the commission. This is Beach Road in Dana Point.
Um, this is where this agency has imposed a lot of better conditions on new home builds
to prevent this from happening, um, I think one homeowner is actually suing the commission
for special conditions protective of, of, of coastal resources.
Next slide.
Meanwhile, um, one, nine homes have been red tagged and a handful more yellow tagged, 16
in total damage, and one crumbled into the ocean.
The city declared a local emergency.
Heavy pieces of a home now threaten safe coastal access, um, because they're floating in there
along with surfers who would go out. Next slide. This is Aliso Beach in Laguna Beach.
That parking lot's been destroyed. Next slide. That's also Aliso Beach. Seal Beach was hit
really hard too. Crews worked all night to pump out ocean water that had flooded the boardwalk
in the community there. And then next slide. I'm sure many of you heard this is a celebrity's
home in Malibu, a large sinkhole opened up in front of it due to the ocean swells and
31 homes have been red tagged the whole street aptly titled sea level drive has been evacuated.
Next slide.
Maybe that is all my slides.
Yeah, that's just another picture of that.
Four seconds.
So yeah, just wanted to provide that update and hope that this is, you know, the LA Times
reported this is just a glimpse of what is coming this winter.
So hopefully we can think creatively and with urgency on how to save our beaches.
Thank you.
Thank you, next we'll be moving to Zoom starting with Cindy Abbott followed by Kent Allen and then
Ann Cantrell. Cindy Abbott please go ahead and unmute yourself and go ahead. Good morning
Commissioner. I'm Cindy Abbott a resident of Pacifica. I'm here this morning to ask for your
support of strong short-term rental regulations throughout the California coast. I'm asking that
you support the same provisions that other jurisdictions throughout the state and nation
are increasingly implementing to preserve the residential character of their neighborhoods.
I'm requesting that you support primary residency as a requirement that goes hand in hand with
hosted STRs as a means to provide affordable accommodation and that you listen to local
jurisdictions who do the work over years to determine the right balance for their community.
In your own housing affordability crisis session in December 2023, David Waksmith,
one of the world's leading experts on the impact of short-term rental platforms, noted,
short-term rentals arguably increase rental accommodation options, but only hosted SDRs
plausibly pass the cost benefit test for communities. Unhosted SDRs generate far more
cost than benefits. Housing supply is limited along the coast with coastal cities appropriately
constrained to build more housing as many areas are defined as coastal hazard zones. As we just
saw the increasing impact to the coast of the climate crisis was highly visible this week
with homes from Dana Point to Long Beach and Malibu experiencing high tides and powerful waves.
This is why preserving existing housing is so important. Unhosted STRs displace people through
higher rents and even evictions as affordable units are turned into commercial investments.
The Coastal Commission should balance these priorities by promoting hosted only regulation
that offers visitors the ability to stay at the coast and primary residents to stay in their homes.
please move forward with strong short-term rental regulations. Thank you.
Thank you. Next up, we'll have Kent Allen followed by Ann Cantrell and then Captain Patricia
Cuman. Kent Allen, please go ahead. Can you hear me? Yes, we can. Okay, my name is Kent Allen. I'm a
lifelong resident of the South Bay Beach Cities. I've lived in Hermosa Beach since
1978 and I am a former 12-year planning commissioner in the town of Hermosa Beach.
I'm calling today about a very serious matter regarding parking in our city which is clearly
a coastal act policy and what's going on in our city and I want you to make you all aware of it
is that people are converting their garages into living spaces and thereby forcing cars
out into the street, and it's very disturbing because we have some of the most, you know,
parking is a horrible mess in Hermosa Beach, especially on the south end of our town,
and we have people that have converted their houses into mancaves, garages, bars,
you know, all kinds of things, and we're trying really hard as residents to stop this to happen
So we can free up parking places so that people will use their garages as they should and their driveways as they should
And uh, and it's just it's it's it's a real struggle and I want to make you aware of it
Um, the our city council is aware of it
Um, unfortunately
We do have one of your coastal. Um commissioner ray jackson who has converted his garage into a
rumpus room, okay. And so I want you all to be aware that Ray Jackson, one of your members
who's fighting for parking, he himself is violating. Please keep your comments focused
on the Coastal Act, not on. What I really want is to what I want people to I want you
to understand that we need your help. Because we have, you know, obviously, the person I
I just mentioned who is doing his best
to say one thing yet do another, okay?
And I really want the coastal.
Thank you, moving on to Ann Cantrell
followed by Captain Patricia Cumans and Adam Leverance.
Ann Cantrell, please unmute yourself and go ahead.
The California Coastal Commission
is holding a free public beach celebration
on Saturday, March 10th at Junipero Beach and Long Beach
to mark the 50th anniversary
of the landmark California Coastal Act.
I hope to attend.
You may be aware that Junipero Beach was closed this week
due to the flooding from the recent storm.
A number of homes on the peninsula were damaged
by the high surf.
The streets and many houses were filled with sand.
It's been almost a decade since the commission
voted to allow the city to build a $100 million pool
on the beach in Belmont Shore,
which is between Junipero Beach and the peninsula.
Opponents were never against a pool.
We were concerned about the location.
Putting a pool on the sand in a liquefaction zone
with expected sea level rise, appeared foolhardy.
Now it seems utterly ridiculous,
but the city is going ahead with the construction
with the Commission's blessing.
Isn't it time for the Commission to reconsider
all development on California beaches?
Will you continue to put lives and property at risk,
or will you listen to Mother Nature
and begin manage to retreat?
please follow the coastal act and protect our coast.
Thank you.
Thank you.
Moving on to Captain Patricia Coomans with Adam Leverans
and then Leila Renaro.
Captain Patricia Coomans and Adam Leverans, please go ahead.
Good morning commissioners.
I'm Patricia Coomans, a Coast Guard licensed captain
of 35 years now retired
and a live aboard in Newport Beach.
Our harbor is a beautiful asset
that a harbor can change in an instant.
That is why I'm here to speak about the Liverbord community,
the 24 slash seven eyes and ears on the water
that help keep the harbor safe.
But right now we have fear and anxiety
from a change that is trying to force us out.
The city wants to tie our fees to commercial marinas,
fees that have already jumped 33% in just the two years
when this was first introduced.
How can any working family or retirees
plan a budget around that?
For my own vote, my fee is said to be skyrocketing
from $2,089 to $14,308 per year.
That's a 700% increase.
The labor board's up 11%.
These increase is yearly, how can it work?
This is instant as a policy adjustment.
It is an eviction notice for blue collar mariners.
At a time when affordable housing
can become massive overwhelming crisis across California,
driving people off their boats makes absolutely no sense.
To have a new place to live at a time,
looking for a new place to live at a time,
when I own a lovely two bedroom, two bath boat
that would sit empty in the harbor,
it makes absolutely no sense.
Forcing people into an impossible housing market
when we've already owned perfectly good homes
is a failure of policy.
I am not asking for a handout.
I just wanna continue to live on my boat.
Of the 700 moorings, only 51 live aboard permits
are available.
The city is withholding nine living opportunities.
Most all the live aboards here are retired seniors
on fixed incomes,
many with children and grandchildren in the area.
For young peoples whose only affordable path
into boating is a live aboard.
We also have our Harbor workforce,
the boat workers, varnishers and bond singers
Thank you.
Yes.
Please go ahead.
Okay.
Is my audio coming in all right?
Sure is.
Okay.
I had a couple of slides as well, please.
Good morning, final day of the month to commissioners and staff.
As you heard yesterday from Dr. Samantha McDonald, this past Tuesday the city did an introduction
an ordinance for a curfew for minors from 6 p.m. in the evening to 6 a.m. in the morning.
It's been a number of years since I was a kid, but I have fond memories of playing until sunset or
be home at dark or be home when the street lights come on. And although this ordinance,
they say it's only going to be for three major summer holidays, Memorial Day, 4th of July,
Labor Day. They had some other changes they've made that they premised under those same conditions
which actually turned out when implemented to be year-round. And typically the second reading of
this ordinance would occur at the next council meeting which will be on the 22nd of this month.
We're asking that the Coastal Commission request the city to hold off on this. It's going to be
about nine months until this would be an issue and there's time to do a proper analysis. And
looking at the local coastal program the beach hours in there are indicated that they shall be
from 6am to 10pm. As you know, shall is mandatory so I don't feel it appropriate for the city to
forbid children for playing on the beach when the sun's out in the summertime. And then another part
access to state land, tide lands, you're always supposed to have access under the conditions
And there's a third section of
the LCP that isn't here that
says any change in the beach
regulations or how our set
forth and subsection e one of
this section resulting in a
closure of the public use of
any portion of the beach
inland of the mean high
timeline. Shall we acquire an
amendment to the implementation
plan approved by the Coastal
Commission. The city should not
be allowed to continue to do
these forms of restrictive
access. It's it's a great
access. It's premised under safety but that's a little bit misleading we just
asked for higher level review. As for higher level review. Thank you so much.
Thank you. Moving on to Leila Renaro and then we have Melissa Rakey.
Leila Renaro, please go ahead. One moment. You've been promoted to a panelist you
should be able to unmute yourself and go ahead please. Hi. Yes we can hear you.
Great. Good morning, commissioners and staff. My name is Lila Renero, and I'm a longtime
resident of Pacifica. I echo everything that Cindy Abbott just said. I'm speaking today
about the importance of local control when it comes to regulating short-term rentals
in California's coastal communities. I fully understand the Coastal Commission's responsibility
to protect public access to the coast, including ensuring that visitors have reasonable opportunities
for overnight accommodations. But I also believe there needs to be room for individual communities
to determine what approach works best for their particular circumstances.
Coastal communities are not all the same.
They differ in their housing supply, neighborhood character, existing visitor accommodations,
infrastructure enforcement resources, and the number and types of short-term rentals
operating within them.
Local governments and residents are in the best position to understand those differences.
They are the ones seeing firsthand how SDRs are affecting their neighborhoods, not just
as a matter of coastal access, but also in terms of how residential properties are being
used and how those uses affect surrounding residents. I also think it's important to
distinguish between providing coastal access and determining that every community must
provide a particular level or type of short-term lodging. Those are related issues but they're
not necessarily the same. When a community spends years studying STRs, gathering public
input, working through competing interests, and ultimately adopting regulations through
its local process. I hope the Commission will give that work substantial weight. There may not
be one perfect SDR policy for every coastal community. The Coastal Commission can establish
appropriate protections for coastal access while still allowing local governments the flexibility
to find the right balance for their communities. I respectfully ask the Commission to preserve
that local flexibility and listen carefully to the residents and local governments who have done the
the work finding that balance and just not give the
corporations a voice that, you know, public comments are, you
know, nine to one in favor of. Thank you for allowing me to
speak today. Take care.
Thank you. We have Melissa Reiki, and then Samantha
McDonald. Melissa, we have a different last name on zoom. Is this Melissa signed up as Reiki?
It is. Thank you. Good morning commissioners. Thank you. Good morning. My name is Melissa Reiki
Sandiser. I live in Long Beach. Thank you for the opportunity to address you today on an issue of
significance to our coastal community in Long Beach. Short-term rental regulation is important
to us and throughout the California coast. My family and I lived next to an STR owned by a
real estate agent and investor for 12 months until I petitioned the city of Long Beach and was
successful in earning over 50% of the residents that voted to restrict STRs from our census track.
This outcome was upheld by the Coastal Commission and for that I am very thankful. The house was
sold and is now used as a residence. The un-hosted STR model undermines affordability
and the community. The one next to us rented for over $600 a night, more than a hotel, or a hosted
STR, and attracted a large group of party goers that led to all sorts of community and quality
of life issues. The hosted STR is a much better model for affordability and to avoid loud music
at all hours of the night, drug use, and the beach being used as a litter box for the guest pets.
Allowing un-hosted STRs displace folks who are looking to buy a home for their family on
looking for buying a home on some streets in Belmont Shore, homeowners are surrounded all sides
by STRs. A mortgage payment is the largest investment, the greatest budget item for most
homeowners. And I wish you would put yourself in our shoes when you work a 10-hour day and then
come home to a party all night on any side of you. Stronger, short-term mental regulation
help prevent this type of displacement and keeps with the community character and safety.
Please consider regulation that strikes the appropriate balance. Thanks so much.
Thank you. Moving on to Samantha McDonald should be able to unmute yourself and go ahead, please.
Hi, can you hear me okay? Yes, we can. Awesome. Samantha McDonald live aboard Newport Beach.
Thank you again for looking at the curfews that I mentioned last meeting. This meeting I just want
to mention last month Commissioner Preciado offered some important questions around and
comments around the moorings of Newport Beach. I did respond by email but I just want to highlight
two things for the whole commission here. There seems to be a sentiment going around
that mooring permits may be limiting access to the public, but as Presiado said, who is the public
that we're envisioning here? You know, if you look at Newport Beach, we have swimmers, fishermen,
paddleboarders, sailors, motor boaters, beachgoers, stuffy tours, drunk people on floating tiki huts,
private party charters, marine life, historical tours. In no way have moorings ever blocked or
restricted access to any of those activities. The moorings never limit access to the beach,
they never limit access to the harbor, and they don't limit access to the ocean. They are available
to everyone and they are always available whether that be through the city's lease program or mooring
permit transfer. Unlike yacht clubs and private docks and marinas, this is the only way that the
public can affordably access the tide lands for boating recreation. And I'm really concerned if
this commission starts thinking of us not as the public because it really is the only public access
that we have. Second, Commissioner Preciado asked about one, two, or three-year permits.
You know, sailing's a sport, but it's also a way of life in a community. My partner saved up for
five years to afford a sailboat and spent another five years investing blood, sweat, and tears into
making her the cruising vessel she is, just like a van for ready for van life. She's everything to
us, and the idea of only owning a boat for two years is not only unsustainable and unaligned
with the community and culture, but also really unsafe. I think this commission really needs to
to come to our boats. You're going to be here in December. The NMA sent out an invitation.
We would love to answer any and all questions that you have and come out to the morning
field to understand what's at stake. Thank you.
Thank you. We have a few names of folks we're not able to find in the webinar. I'll read
those names and if you hear me, please raise your hand and zoom. We have Penny, Aaliyah,
Kaitlyn Quinn, Curtis Raynor, and Noah Suarez Sykes.
Looks like we may have one.
All right, we have Santa Monica friends meeting.
Could you go ahead and identify yourself, please?
Yes, yes, hello, good morning, commissioners.
This is Curtis Raynor,
and I am an officer of the Santa Monica Quaker meeting.
And I want to really just,
I think the two people I've heard in the last 20 minutes
from Pacifica and the one from Long Beach
were very articulate and said better than I can say.
I think what I would like to convey to the commission
is that we in Santa Monica, or our meeting,
our Quaker meeting, been here for 80 years,
we very strongly support short-term rental regulations.
And the city of Santa Monica,
I think like Pacifica, and maybe like Long Beach,
they have wrestled with this thing.
And they've come up with their,
what they thought was a reasonable regulation about,
you know, basically favoring hosted short term
as opposed to unhosted.
And we just wish to protect that.
You know, yeah, we wish to protect it.
And then those business interests
that would like to weaken Santa Monica's,
in our case, their regulation,
I think that effort should be resisted
because I think we are in a better position
to know what works for us with our housing markets,
with the affordability, with the displacement factor
of rental units of stock.
So anyway, that's the main thing.
Yes, we support the Coastal Commission's position
of stronger short-term rental regulations
for the city within its jurisdiction.
Thank you very much.
Thank you.
Okay, last call for Penny Aaliyah,
Kaitlyn Quinn, and Noah Suarez Sykes.
All right, seeing no one,
there are no more speakers, Madam Chair.
Great, thank you so much.
And thank you to the public for your testimony.
I'll return to the commission for comments, questions.
OK, Commissioner Wilson.
First I want to thank the folks that came and visited us.
I talked about this yesterday a little bit.
And so maybe we're going to hear when we have those comments,
but that have come up and worked with and in solidarity
with our frontline and impacted communities
for our industrial areas in Humboldt Bay.
It's great.
It's really, it's wonderful to have those connections,
and it's important that our communities
learn from each other.
And and how we can do better
So I won't go too much more into that because I talked about yesterday, but I do want to also mention
That we are hearing a lot about short-term rentals
I've also talked a lot about that of this commission many times as this Commission probably review reviews more
Short-term rental ordinances than any agency on the planet
And I I'm fairly fairly sure I'm just saying it, but it seems like it
I don't know where else that would have how else that would happen, but it seems like that's an interest to us
But I want to emphasize that the state legislature really probably should start addressing this more there is really no
good legislation on that that
that addresses the housing impacts from from this industry and
it was interesting to me when we have been reviewing this in and there was a mention about the
Sort of the corporate interests in this it's interesting because the interest to us in general are the applicants
Which are the jurisdictions and then the people who are in the neighborhoods?
That's really the interests we and then also the folks of the state of California that are visiting the coast
Those are all the parts that that are most interesting to me. Anyway, the sort of larger corporations are just
Platforms they're literally IT right for for the the land use issues that we're trying to talk about and yet
They have they wield a huge amount of influence which is interesting to me because they are not the people on the ground that have to
do this
Lastly, I just want to mention
This this day this is September 11th at 25 years ago today
Nearly 3,000 people were killed in September 11th attacks
This was the deadliest attack in our nation's history and changed the course of our country and touched nearly every community in it
Including this one on this day. I want to take it in this moment
I want to take a few minutes to remember one of our own Richard gwed Agno
He was the manager of the Humboldt Bay wildlife refuge just south of us about 12 miles south in Lolita
He was aboard flight 93
That morning flying home to California after celebrating his grandmother's 100th birthday in New Jersey.
I only met him a few times myself because he was just part of the community that I worked with,
but many in our community remember him well and speak very fondly of him.
He grew up in New Jersey and graduated from Rutgers and with a biology degree and gave 17 years of his
professional career in wildlife conservation,
managing refuges in New Jersey, Oregon, and Delaware before coming to Humboldt Bay.
He was beloved by his colleagues and friends. He was humble, a great listener, and a true can-do person who took action without hesitation.
I won't tell you how I know this, but there's a good story you can ask me some other time.
I won't put it out there.
But he's believed to be one of the passengers who stormed the cockpit, bringing the plane down in Pennsylvania in the field in Pennsylvania,
before it could reach its intended target.
And so the Visitor Center at Humboldt Bay,
National Wildlife Refuge bears his name in tribute.
And there's a scholarship in his honor
that supports students at the Cal Poly Humboldt
and College of the Redwoods.
And so I just want to put out there
that I and many people in this community
are grateful for his service, his courage,
and his love for this place.
Thanks.
I join in that gratitude.
That was a beautiful tribute.
Thank you.
Commissioner Moreno.
Thank you.
I just want to take the moment to thank all the members of the public who came to speak
and also to the staff.
This is my first time staying in Humboldt, and I will say that I just had such an amazing
time.
I had the opportunity to go to Sequoia Park Zoo, where I walked amongst the redwood trees.
I might have hugged a few of them, so I'm sorry to the zoo, I didn't see the sign.
I also drove to the Avenue of Giants,
which is just completely breathtaking.
Had way too many oysters at Jack's.
And I want to say the hospitality that I have felt
in this community is just so immense.
And I think we have a prime example of that
in our commissioner, Mike Wilson.
He's took care of us like no one else has.
So I just wanted to take the opportunity
to say thank you for your hospitality but also for all the conservation that
has been done in this region. I'm looking forward to coming back with my
family. Thank you. Commissioner Nada. It's great to hear that the redwood still
awe. They definitely are. It's amazing. I did want it, you know, we had
I appreciated hearing from Core Hub yesterday about the work with communities throughout
the state, and I wanted to reiterate that.
And also say, I just hope we have a chance to do it right this time.
There's so many impediments to doing clean energy right now with the federal administration.
It's discouraging, but I'm glad to see that Earth Justice and others are working with
communities to try and prepare for when we have a chance to get back on track.
So thank you for that.
I did have a question about the curfew in Newport and whether the Commission has dealt
with this before and what the staff's thoughts are on that, because that does sound kind
district. So I think as Carl mentioned when he was here, I think it was yesterday and
we heard about it. So first we've heard the specifics of that particular ordinance generally
curfews that relate to beach access. Do you require a permit? So we'll be as we said,
as Carl said yesterday, we'll be reaching out to the city to look into that a little
bit more thank you okay commissioner Jackson thank you madam chair thank you
to all the speakers you know I think I speak for my colleagues one of the great
things that we all love about the privilege to serve on this commission is
the opportunity to visit wonderful cities and communities throughout our
magical state this is my first trip to Eureka and Humboldt County and it has
truly been a special one, from the Jax oysters that I couldn't get enough of, and they truly
are some of the best in the world.
And I've been around the world and back again, and those are...
I was blown away at how good they were, and I want to go there for lunch again today.
From the oysters to the historic Eureka Inn, which some say is haunted, I don't know if
anybody saw any ghosts during this trip, but I've heard the stories, to the rich diversity
of the cultures and communities and the breathtaking beauty of this bay and coastline. There is
so much to appreciate. Our local all-star commissioner, Mike Wilson, is immensely proud
to represent this really unique community, and he never misses an opportunity to rightfully
brag about how special this place is, and he's always anxious to get home from wherever
we are. So, from someone who lives in the concrete jungle of Los Angeles, it's absolutely
wonderful to be surrounded by so much open space, greenery, natural beauty and
warmth of the community. So thank you for the warm hospitality and we hope to see
you again soon. Commissioner Oglesby. I guess I'll take an opportunity. This is a
special last couple days for me to be in such a beautiful part of California and
more than likely a beautiful part of the world. This is my first Commission
meeting as an alternate, so it's an honor to sit up here with my fellow commissioners.
And of course, it's a wonder and a pleasure to be here in Humboldt County and in Eureka itself.
I drove up here, so I had the opportunity to see and drive through the avenues of the Giants and
look at the redwoods, and I have never been up here before. And so it's been a wonderful,
wonderful work trip, right, we're here to do work,
but it's been a wonderful time for me.
And of course, it'd be in my first commission meeting,
I will always remember this,
especially of the hospitality of the people,
the warmth, the food, the passion for what's going on up here.
And I did learn a lot from Commissioner Wilson
during his advocacy, particularly wearing two types of hats,
But his advocacy for the people and the community up here
was just remarkable for me.
And I'm going to take some of that back to my hometown
of down south seaside California.
So thank you so much, Chair.
Thank you.
Well, all of my colleagues spoke so movingly today.
That was wonderful.
Thank you all, and I will just join with all of them
in sharing in the immense gratitude
for an absolutely fabulous week.
It really was so wonderful to be here.
With that, we will move on to item six,
the items removed from the regular calendar to consent.
Mr. Hudson.
Thank you, and item six is for applications
to be moved from regular to the consent calendar
for all the districts on the agenda today.
As mentioned during the agenda changes
earlier this morning, there are two items
that staff recommends be moved to consent.
And those are item 8A, the County of Santa Barbara
LCP amendment for their agricultural enterprise ordinance and item 10a the
University of California at Santa Barbara or UCSB notice of impending
development for a prescribed burn and habitat enhancement project at their coal
oil point reserve staff is not aware of any opposition to these items and we're
recommending that the Commission vote and approve this item I am available for
questions. Thank you. Any ex partes? Any public comments? No
speakers move. Great. Thank you. I'll return to the
commission. I'll move approval of the items removed from the
regular calendar to the consent calendar. Second. Thank you.
That's a motion by Commissioner not off a second by Commissioner
Wilson. May we have a roll call vote please. Commissioner
O'Malley yes O'Malley yes Commissioner Hart yes Hart yes Commissioner Jackson aye
Jackson yes Commissioner Lee yes Lee yes Commissioner Oglesby aye Oglesby yes
Commissioner Kalmyk aye Kalmyk yes Commissioner Notoff aye Notoff yes
Commissioner Moreno Moreno yes Moreno yes Commissioner Wilson yes Wilson yes
chair Harmon yes Harmon yes the vote is unanimous thank you the motion carries
okay item 7 mr. Hudson thank you and item 7 is the deputy directors report
for the South Central Coast District which this month includes two permit
waivers and one permit extension we are not aware of any opposition to the items
being reported today and we are asking whether three or more commissioners
object to any of the items in the deputy directors report I am available for
for questions. Thank you. Any ex partes? Any public comments? There are none. Great. Thanks.
Do three or more commissioners object to any item in the deputy director's report? Seeing
no objections, the commission concurs. Mr. Hudson, back to you. Thank you. And moving
on that brings us to item 9A, which will be presented via zoom by Gabriella Goff, a close
to program analyst in the commission, South Central Coast district. We do have a PowerPoint
for this item if we could pull that up, please.
And Gabriela, please take it away.
Thank you, Steve.
Good morning commissioners.
The next item, 9A, is the substantial issue
and de novo permit action for an appeal
of a coastal development permit for the demolition
of an existing 2,400 square foot residence and carport
and construction of a new 5,254 square foot residence
with an attached 742 square foot garage,
covered areas, a pile supported deck,
privacy wall, landscaping and associated development
at 31340 Broad Beach Road in the city of Malibu.
The project also includes an offer to dedicate
a lateral public access easement along the beach.
The applicant is 31340 Broad Beach Road LLC
and the appellants are commissioners Harmon and Brownsey.
Next slide please.
As shown on this aerial, the 0.4 acre site
is a beachfront property located on Broad Beach
and is currently protected by the existing
Broadbeach Geologic Hazard Abatement District
or BDGAD revetment.
With regard to substantial issue,
the appeal contends that the approved project
is not consistent with the provisions
of the City Certified Local Coastal Program or LCP
that relates to shoreline development,
coastal hazards, and public access.
Specifically, the City's approval
did not adequately demonstrate that new development
was located as far landward as feasible
or adequately address alternatives
that could reduce the amount of permanent development
within this hazardous beachfront area.
In particular, the city approved a pile supported deck
extending seaward of the residents,
which would encroach into the public access way
that was required by the commission
as a condition of the approval for the separate CDP
authorizing the revetment onsite.
In addition, the city failed to analyze alternatives
to the pile supported deck,
including less permanent
and more readily removable alternatives,
such as an at-grade patio or deck
that could be easily removed in response
to potential future sea level rise.
In addition, the proposed pile
supported concrete privacy wall
along the up-coast side of the property
would exceed both the structural and deck string line
required by the city's certified LCP
and would also encroach into the required public access path
required under the BB GAD revetment CDP
that was previously approved by the commission.
Next slide, please.
As shown here, the city approved project
the city of El Paso. The new
The applicable building structural string line is shown here in the red line.
As shown here, portions of the City-approved residence, shown in blue, extends seaward
of the structural string line.
The applicable deck string line is shown farther seaward in blue.
The City-approved deck, highlighted in yellow, also extends seaward of the applicable deck
string line.
In addition, the City approved a permanent pile-supported deck on the seaward portion
of the property.
the site's exposure to wave up rush erosion flooding and sea level rise. Staff found that
the city's record did not adequately demonstrate that this development was cited as far landward
as feasible or that less permanent alternatives have been adequately considered. The appeal
also raises substantial issue with respect to public access. The subject property is
adjacent to a county maintained vertical public access and public access is also governed
in part by the Commission's previous authorization of the BBGAD Revetment Permit. That authorization
provides for a future 10-foot-wide inland public access path under certain beach conditions
when adequate sandy beach is not available seaward of the revetment. The location of
the required 10-foot-wide lateral public access path is shown along the seaward portion of
the property in dark blue. As approved by the City, portions of the proposed deck and
for the city's decision to
the city's approval did not
adequately demonstrate that
the project would protect
existing and future public
access opportunities as
required by the L. C. P. And
would conflict with a
previously required condition
of a C. D. P. Approved by the
commission.
Because of these concerns,
staff believes the city's
approval raises substantial
approval raises substantial issue with respect to coastal hazards, shoreline
development, and public access policies of the certified Malibu LCP. Thus staff
recommends that the Commission finds that a substantial issue exists, so unless
three or more commissioners wish to hear additional arguments and vote on the
substantial issue question, substantial issue is deemed to exist and we will
move on to the de novo hearing on the permit application itself. Thank you. Are
there any ex partes? Do three or more commissioners wish to have a hearing on
substantial issue. Okay, substantial issue has been found and back to you. Thank you.
Thank you. Next slide please. Moving on to the de novo application. Following the appeal,
commission staff worked with the applicant to address the issues identified through the
appeal and bring the project into conformity with the certified LCB. As shown here, the
revised residence is shown in blue with the applicable structural string line identified
will be identified in red.
The applicant revised the
project to move the proposed
residents 3.5 feet landward and
reduce the extent of development
on the seaward portion of the
property and comply with the
structural stream line as
required by the city's certified
LCB.
The revised deck is shown in
yellow and the applicable deck
stream line is identified in
blue.
The size and configuration of
the rear terrace and deck was
revised to relocate the deck
approximately 33 feet landward
access path and in compliance with the deck string line required by the certified LCP.
In addition, the deck design was revised to eliminate the use of piles in order to provide
a less permanent and readily removable design in the event the deck is damaged due to wave action
in the future. The project plans have also been revised to eliminate all portions of the pile
supported concrete privacy wall, seaward of the residential streamline. Due to the property's
location immediately adjacent to a county operated vertical public access way shown in
light green. Staff worked with the applicant to revise the plans to allow for a six foot high
wood wall rather than the previously approved solid concrete wall along the upcoast property
line between the building string line and 10-foot wide public access path along the top of the
revetment in order to minimize visual impacts and potential conflicts between beach goers and
residents. There is an addendum for this item that includes minor clarifications to special
special conditions one and eight and the findings noting that the existing BBGAD rock
revetment may remain in place so long as it continues to be authorized under a valid coastal
development permit and the public access within the lateral easement area will be implemented
consistent with the applicable requirements of the BBGAD permit in response to correspondence
received from the applicant's representative regarding this item. With the clarification
made in the addendum, the applicant has indicated that they are in agreement with the staff
recommendation and all conditions of approval. In closing, staff believes the project, as revised,
is consistent with all provisions of the city's certified LCP and the Chapter 3 policies of the
Coastal Act and recommends approval of the Danovo Coastal Development Permit subject to 13 special
conditions listed on pages 6 through 14 of the staff report as modified in the addendum.
The motion for approval of the de novo permit with conditions can be found on page 5 of
the staff report.
This concludes the staff's presentation.
Staff is available for questions.
Great.
Thank you very much.
I already asked for expertise, so I will see if there are any public comments.
We have two of the applicant's representatives, Ken Erlich and Doug Burge, promoting Ken
to panelists.
All right, Mr. Ehrlich. You should be able to unmute yourself and go ahead. Mr. Ehrlich,
can you hear me? There he goes. Go ahead and unmute yourself, sir. Mr. Ehrlich, can
you hear me?
I can. I'm sorry about that.
Perfect. Thank you.
Nice silence for a bit. Yes, Ken Ehrlich, counsel for the applicant 31340 Broad Beach
with the staff report. I wanted to take a couple of minutes just to introduce the project from our perspective, which was I think very well done by Ms. Goff. We wanted to thank staff as well in the district office. Mr. Hudson and his staff work tirelessly with us. There were issues to overcome. These four that are shown on our screen right now are the main ones that we've worked with.
now or the main ones that we've worked with. One of the reasons
why you note that the appeal was, I believe in 2022, yet here
we are in 2026, is that the appeal issues required not only
a change in the architecture, but a change in the architect
for the project, which took some time. We also wanted to work
with staff on the string line issue to see if we can overcome
it in accordance with the design of the home and maintain the
existing design which the new architect did beautifully. We must say Doug Burge, the architect
is on the phone as well, and can talk to those points, but these are the major points of the
House which have changed significantly. We agree with the staff report, we agree with staff working
with us on the addendum. As the Commission may know, I also serve as counsel for the Broad Beach
GAD, so we had sensitivity to both the GAD's position and the applicant's position, and we're
we're happy to move forward with the resolution as proposed.
Thank you. Then we do have Doug Burge as well.
Mr. Burge, you should be able to unmute and go ahead.
Yes. Good morning. Can you hear me okay?
Yes, we can.
Yes. Good morning, commissioners.
Yes. I want to concur with Ken.
We work pretty hard with the staff.
We were not the original architect.
Our firm has been in Malibu for over 38 years.
We've done over 50 homes.
Our client basically found us.
We've worked with Ken in the past,
and we looked at this project and totally
understood where the staff was going here.
We're next to a very sensitive walkway.
I was actually a resident,
used to live in the neighborhood,
so use that walkway for my beach access.
Very familiar with the site.
We were brought in and basically
looked at what needed to be done,
worked with staff for over years,
number of years and to be able to be here today is an honor to be able to
hopefully release this project. Again, there were four main points, the
string line point, which was expressed in the previous exhibits, the deck supports.
There was a whole bunch of development down there on the deck. We realized that
could never be allowed, so we removed all that. The sensitivity to the privacy area
and public access with working out a fence detail. And then the last thing was
the deck size itself understanding that we are supporting the house on piles and then any deck
we would do we would just cantilever that off the house so we really felt that this design is
something that is more consistent with both the Malibu LCP and the Coastal Commission's codes that
have been developed for a long time so we're here to answer any more questions and we appreciate
you being here. Thank you. Thank you. No more speakers. Great. Thank you very much. Well,
unless Mr. Hudson or anyone has anything else to add, I will return to the Commission.
Comments, questions, a motion? I just want to acknowledge this seems like such a textbook
example of the good working relationship interaction between applicants, local
governments, and Coastal Commission on how do we get climate resistant, the best
climate resistant development approved, but you know we make things better, so I
just wanted to acknowledge that and I'll make a motion if people are ready.
Okay. I'm seeing head. Were you going to? Okay. I move that the Commission approve
Coastal Development Permit A. Excuse me. Sorry. Can we pause quickly? I see Vice
Chair Hart has her hand up. And then I'll come back to you. Oh, sorry. I'm so sorry. I'm sure the hand raised thing worked.
I just wanted to ask the, I guess in this case it would be the applicant since
from Danovo. So this is very near to the disaster that's unfolding in Malibu, right? Is Broadbeach
currently that road is closed? And I'm just curious how that impacts, if at all, this
project where you're thinking about the project. If I may, am I unmuted? Yes. So this is approximately,
I would say a third of a mile east of the issues
on sea level drive below Point LaChouza.
Broad Beach Road is open and passable in both lanes.
Sea level drive is a turn off off of Broad Beach Road
and that is closed with the area,
the natural gas service closed to that area,
water service closed,
and first responders working to repair the sinkhole
and make the road and the other affected homes passable.
But this is not in the immediate area.
It's probably about a third of a mile away.
Okay, sounds like Broad Beach might be closed imminently,
but we'll see, I guess.
Anyway, I just think it's worth acknowledging
and noticing as people build along this part of the coast,
the hazards that are involved
and it just creates a serious situation
as we've seen in the earlier surf rider presentation
of all of these homes,
ultimately pieces of them ending up in the ocean.
So for what it's worth, it's a very challenging area.
But nevertheless, you've satisfied the conditions
of the coastal act, so I think we'll be supportive.
Thank you, Vice Chair.
Commissioner Nada.
Thanks for that important reminder and question.
Okay, with that, I move that the commission
approved Coastal Development Permit number A-4-MAL-22-0045
pursuant to the staff recommendation and addendum.
And request a yes vote.
I'll second, but I have a technical question,
because in the staff report, there is a motion.
OK, we did.
OK, never mind.
Then I'm pulling that back.
Second go.
It's a motion by Commissioner Notoff, a second
by Commissioner Wilson.
May we have a roll call vote, please?
Yes.
Commissioner Hart.
Yes.
Hart, yes.
Commissioner Jackson.
Aye.
Jackson, yes.
Commissioner Lee.
Yes.
Lee, yes.
Commissioner Oglesby.
Aye.
Oglesby, yes.
Commissioner Kalmick.
Aye.
Kalmick, yes.
Commissioner Notoff.
Aye.
Notoff, yes.
Commissioner Moreno Moreno yes Moreno yes Commissioner Wilson yes Wilson yes
Commissioner O'Malley yes O'Malley yes chair Harmon yes Harmon yes the vote is
unanimous thank you the motion carries okay now on to what I think is our final
item item 11 please mr. Hudson thank you and that is item 11 the Deputy
Director's Report for the South Coast District which includes 12 permit waivers
this month, one emergency permit, one concurrence determination, and a memorandum responding
to objections received to two permit time extensions reported at last month's hearing.
In regard to the emergency permit, it was issued to the Santa Catalina Island Company
for repair of approximately 250 linear feet of unpaved roadway, which had been damaged
as a result of high tides and wave action, and those repairs are necessary to maintain
vehicular access to the Clubhouse Marina facility
at Ballas Point on Catalina Island.
In addition, the certification review being recorded today
is for an LCP amendment by the city of Long Beach
to add new inclusionary housing ordinance requirements,
which would require that a percentage of units
in new residential development be designated
for affordable housing.
The city's amendment was approved by the commission
at our February meeting,
and the executive director has determined
that all the local government subsequent action,
that the local government subsequent action
accepting all of our suggested modifications
pursuant to a resolution is legally adequate
and that this amendment will become certified
upon being reported today.
This matter is being reported pursuant to our regulations
and does not itself require any additional action
or concurrence by the commission.
Lastly, the deputy director's report
includes a memorandum responding to objections received
to two time extensions for COLSTA permits
that were reported at our hearing last month.
Nine emails were received in total
from members of the public, whom are listed in the memo,
and in the, who are listed in the memo.
Now objecting to the second one year time extension
of these two permits and their related
de novo CDP applications by WSBO LLC,
for construction of a single family residence
and an ADU on each of two adjacent properties
in the Pacific Palisades area of the city of Los Angeles.
As explained in detail in the memorandum,
the primary contentions raised by the opponents
is that the approved residences are too large
and would not be consistent with community character,
would impact views,
that the subject properties are subject to geologic hazards
and that development on site
could affect the geologic stability
neighboring properties. However, all of these issues were fully evaluated as part of the
Commission's approval of the underlying project, including its review of geologic issues. And
the Commission concurred with the City of LA's geotechnical review, which found that
the approved development would be adequate to ensure geologic and engineering stability
would not result in impacts to the stability of off-site areas. Staff would note that none
of the issues raised by opponents constitute change circumstances affecting the project's
consistency with the Coastal Act.
Now, in addition, there were some new issues raised by some of the opponents asserting
that these extensions should be denied because they believe noticing for the Commission's
action to extend the permit was not adequate and because the subject site is located in
an area that was affected by the recent January 2025 Palisades Fire.
And that subsequent rebuilding activity and increased traffic related to reconstruction
of other homes should constitute a changed circumstance.
In regard to the question of noticing, I would note that the notice of this extension was
properly posted on site and mailed notice was provided to all property owners and residents
within 100 feet of the subject site in compliance with the commission's regulations.
In regard to the concern that the project is located within areas that were subject
to the Palisades Fire two years ago, the objections do not provide information demonstrating
that post-fire traffic and evacuation conditions have changed in a manner that would affect
the approved development's consistency with the applicable Chapter 3 policies of the Coastal
Act.
Now, pursuant to Section 13.169 of the Commission's regulations, in order to deny a permanent
extension request, objections must identify change circumstances that may
affect the consistency of the development with the Coastal Act or a
certified LCP does not provide an opportunity to re-hear the merits of the
project. And for these reasons the Executive Director has determined that
there are no change circumstances affecting the previously approved
developments consistency with the Coastal Act and we recommend that this
immaterial time extension be approved. Staff is not aware of any opposition to
any of the other items being reported today and we are asking whether three or
more commissioners object to any of the items for which action is needed today
in the deputy directors report. I am available for questions. Thank you very
much Mr. Hudson. Are there any expertise? No. Any public comments? No public
comments just to note that we do have three individuals available for questions
only. Thank you. Do three or more commissioners object to any item in the
Deputy Director's report? Seeing no objection, the Commission concurs and
with that we are done with this month's hearing. Thank you so much to our staff
for their excellent work. The team at AGP, we could not do this without you guys.
We appreciate you very much. Thank you to Eureka again and we'll see everybody
next month in Oceanside. Thank you. We're adjourned.