Wednesday, December 11, 2013

50 Most Important decisions by the California Coastal Commission


The map below is the beginning of an effort to identify, map, and provide video and text narratives discussing each decision. Additionally, important battles to protect the coast of California prior to the passage of the California Coastal Act of 1976 are also included.:

The following actions were identified in Commission evaluation scorecards over the past decade as important issues concerning public access and protection of the coast:

Naval Training Center, San Diego: Upon abandonment of the NTC, and despite objection from San Diego environmental groups, the Commission approved a plan by the City of San Diego to allow for significant private residential, resort and commercial development of the NTC, rather than pursue open space, habitat protection and public access for this public property.

Ballona Lagoon Enhancement: Over the objection of numerous environmental groups, the Commission accepted plans for dredging the lagoon and landscaping and fencing on the west part of the lagoon neither consistent with nor desirable for native habitat and saltwater marsh organisms. (Note: This decision was later invalidated following judicial review).

Malibu LCP: In a very close 5-5 vote, the Commission voted to keep ESHA protections in the Malibu LCP and to prevent expansion of local community baseball fields into native habitat on an existing state park.

Monarch Village, Santa Cruz: The Commission voted to allow a new 206-unit apartment complex to be built on 9.3 acres of land in Santa Cruz adjacent to Moore Creek with inadequate wetlands buffers threatening long-term water quality in Younger Lagoon.

Watsonville High School: The Commission approved a development plan by the City for a new high school on prime agricultural lands adjacent to sensitive wetlands without considering that available, less environmentally damaging locations were readily available.

Sea World Expansion, Mission Bay, San Diego : In siding with a beer company seeking to construct an amusement park with 100-foot high thrill rides, the Commission chose to ignore height limits in the LCP, along with the need to protect public coastal resources located on public park lands which were leased originally to establish a marine educational facility.

Opal Cliffs: Finding that the homes were not sufficiently threatened, the Commission denied a series of three seawalls in Santa Cruz, thereby protecting the public beach from concrete and rocks, and protecting scenic visual qualities of the beach.

La Playa San Simeon Sea Wall: Finding no evidence of a threat to three condominium buildings, the Commission denied a previously constructed unpermitted rock seawall covering the public beach, thereby insuring its removal and facilitating restoration of public sandy beach resources and public access.

James Tunnel, Carmel: The Commission denied a request to hollow out a cliff and drill a tunnel underneath an existing home to provide for private beach access to a Carmel mansion.

22nd Agricultural Assn: The Commission approved a new development adjacent to wetlands without addressing continuing Coast Act violations and environmental damage in Del Mar.

SD Sewer Waiver: The Commission voted to protect ocean water quality and swimmers by denying San Diego’s long-polluting and inadequate sewer treatment facilities at Pt. Loma and to require that they be upgraded to secondary stage levels.

SB Airport Expansion: The Commission voted, in direct violation of the Coastal Act, to allow an unnecessary airport expansion project in wetlands at the Goleta Slough.

Hartunian (LA): The Commission failed to revoke a building permit that allowed a tennis court on a designated open space.

B+K Monterey: The Commission voted to allow housing development in ESHA in Del Monte dunes area on the Monterey Peninsula.

North Shore Mandalay: The Commission approved a massive housing project adjacent to wetlands and in extremely sensitive habitat area in Oxnard containing near-extinct plants.

Oceano Dunes Permit: Despite decades of explicit, extreme and ongoing Coastal Act violations and violations of state and federal endangered species laws, the Commission failed to take action against, or even slightly curtail, unlimited dune buggy riding and camping in the sand dunes in San Luis Obispo, where Snowy Plovers and other endangered birds and animals live.
* In this instance the Commission failed to take action on this after a lengthy hearing. Not a single Commissioner put forward a motion to address this important issue.

Manchester Resort: The Commission denied a request by developers to construct 12- story resort towers, close public streets, eliminate public use and beach access, and convert public beach and public facilities into a private luxury resort in Oceanside.

CALTRANS Route 90: The Commission granted a permit to build a bridge and highway extension through wetlands in Marina Del Rey, Los Angeles.

South County Housing: The Commission approved a 48-unit apartment complex, partially on public land in a public park in Pacific Grove, Monterey County.

Monroe Sea Cave, Solana Beach: The Commission denied a permit to fill in a sea cave and also turned down applications for seawall construction.

Carpentaria LCP: The Commission approved an LCP with strong seawall prohibitions and public access provisions, and denied a request to rezone agricultural land for residential condominium development.

Army Fort Ord: The Commission denied a request to remove a crumbling building and unsightly rock seawall on the public beach at Stilwell Hall, Fort Ord, Monterey County, thereby missing an opportunity to restore the beach.

Pacifica Revetment: The Commission approved a giant 700-foot long unnecessary rock seawall covering over 32,000-square feet of public beach simply because the City of Pacifica (San Mateo County) claimed to have only enough money to build the wall, not to remove it. The Commission failed to even obtain assurances that the City would build no further seawalls. Note: The City subsequently built similar unpermitted “emergency” seawalls on this same stretch of beach.

Sea World Expansion, Mission Bay San Diego: The Commission approved a permit for a 95- foot tall thrill ride, commercial concessions, and privatization of 5.5 acres of public park and wetlands related to conversion of a public marine educational facility to a private amusement park owned by a beer company.

Bruce Cease and Desist Order: In supporting coastal protection, the Commission issued an order requiring removal of an illegal seawall in Encinitas, San Diego County.

San Diego Sewer Reversal: Bowing to political pressure including the removal of Coastal Commissioner Patricia McCoy, the Commission reversed itself and abandoned protection of water quality in San Diego voting instead to allow San Diego to continue to its decades-long practice of not complying with the Clean Water Act by refusing to upgrade local sewage treatment to secondary levels.

Malibu LCP Pt. Dume: In a pair of critical votes related to protection of environmentally sensitive habitat (ESHA) in Malibu, the Commission first narrowly defeated an effort by several Commissioners and the City to eliminate all ESHA protections in the City of Malibu; then, in a failed attempt to appease the City, the Commission voted to allow crucial habitat in the Pt. Dume area of the City to be destroyed by future development. To date the City has refused to implement its LCP.

Sea Colony Seawall, Half Moon Bay: The Coastal Commission approved a cease and desist order against Ocean Colony Partners and their Half Moon Bay Golf Links, ordering instead that an illegal riprap seawall in front of a golf hole adjacent to the luxury Ritz resort hotel be removed and that the public beach and beach access be restored.

Continuance on Chair: In an unprecedented Commission vote (7-5), seven Commissioners voted to delay a routine decision to re-elect the Commission Chair, resulting in an effort by developers to undermine the independence of the Commission. Although public interest advocate and Chairwoman Sara Wan was subsequently removed, developers failed as moderates Mike Reilly and Dr. William Burke were elected Chair and Vice-Chair, respectively, at the Commission’s December 2002 meeting.

Sea Turtle Resolution: The Commission approved a historic resolution promoting sea turtle conservation in California.

Arnold & Miller: The Commission approved an order directing San Mateo property owners to remove a fence blocking an easement and public beach access trail, which the owners had illegally blocked for 17 years.

Hellman Ranch: The Commission approved an order to require development of a Seal Beach subdivision stop until a satisfactory mitigation plan was developed to deal with discovery of Native American remains.

BLM South Spit: The Commission approved a management plan by the Bureau of Land Management for the South Spit of Humboldt Bay and added a condition ordering that no vehicles be allowed on the beach during Snowy Plover nesting season.

Arco Dos Pueblos: After more than a decade of struggle, the Coastal Commission voted unanimously to protect the Gaviota Coast from a proposed golf course development along a mile of undeveloped Santa Barbara coastline, and in the process protected habitat for numerous endangered species, including White Tailed Kites, Monarch Butterflies, and Red-Legged Frogs.

Morro Bay Power Plant: The Commission voted unanimously to require that dry cooling systems be used in the Morro Bay Power Plant upgrade (San Luis Obispo) after hearing evidence from studies showing that the existing once-through cooling system is destroying the entire Morro Bay estuary every three days.

Gualala and Albion River Water Export Plan, Mendicino County: The Commission voted unanimously to protest a plan to divert large amounts of winter water river runs to support suburban sprawl in Southern California. The plan, which would have destroyed Northcoast rivers and fisheries, involved using barges and giant plastic bags to capture river water and tug it for sale in Southern California. The project was abandoned following the Commission’s objection.

CalTrans Ballona Creek Bridge, Los Angeles. In denying a plan to demolish an existing historic art deco bridge over Ballona Creek, the Commission sided with environmentalists who sought to protect the bridge and wetlands below. CalTrans had sought to replace the historic bridge with a larger 4-lane bridge, thereby enlarging Lincoln Boulevard (Hwy #1) in order to accommodate future traffic increases. In denying the project the Commission not only protected the historic bridge and wetlands, but also found that under the Coastal Act roadway expansion projects can only be approved in cases where the highway expansion is necessary to meet existing traffic congestion, and that road expansion projects may not, as a rule, be constructed merely to facilitate future development of the coast.

La Jolla Community Plan & LCP update: The Commission voted 7-3 to deny a proposal to weaken the proposed La Jolla LCP and allow seawalls for blufftop development set back 30-ft or more. As a result, all new coastside development in La Jolla must now avoid use of seawalls in the future. Following the vote on seawalls the Commission unanimously voted to approve an improved LCP for La Jolla that will protect steep hillsides, natural areas and mansionization of the coastal terrace.

Beach Restaurant, Santa Barbara: The Commission approved an after-the-fact permit for an illegal 115-ft timber seawall that filled in over 10-ft of Mission Creek in order to allow for expansion of a private restaurant and hotel.

Nuclear Reactor Haul, San Onofre, San Diego Co: In one of the most disappointing votes of the year, the Commission voted 7-5 to allow San Diego Gas & Electric Co. to use a 192-wheeled tractor to haul a 1,000-ton radioactive nuclear reactor core 14 miles up a State Beach and across wetlands and 14 separate creeks, drainages and endangered species habitat. Edison proposed the beach haul because the company was too cheap to purchase insurance required for train transport. Postscript: the nuclear haul has never been completed due to numerous environmental constraints and international opposition (the core was to be shipped through the Panama Canal, and, when that was denied, around Cape Horn).

Scism Seawall, Solana Beach, San Diego Co: Failing to establish a strategic plan to prevent further seawall development in Solana Beach, the Commission voted to approve a 35-ft high, 50-ft long upper bluff-armoring device including nine 35-ft deep caissons designed to artificially prolong the life of a bluffside home.

Arco Golf Course, Gaviota, Santa Barbara Co: Following the Commission’s denial in Dec. ‘02 of the proposal to convert a coastal ranch and a mile of beachfront to a golf course, the Commission again voted unanimously to reject the developer’s attempt to resurrect the project on reconsideration.

Oceano Dunes State Beach, San Luis Obispo Co: Appalled at the continued harassment and killing of endangered Western Snowy Plovers by off-highway vehicle (OHV) riders at Oceano, the Commission ignored the advice of both their staff and the Attorney General, and voted 7-1 to “ask” that State Parks put up greater amounts of “plover survival patch” fencing to keep dune buggy drivers from running over the diminutive, near extinct birds. To date State Parks has refused to protect the birds or provide greater fencing security, which would limit the area in which OHV’s drive, and the Commission remains too timid to do anything about it.

Veneco, Santa Barbara Co: In approving a proposal to extend the life of a negligible, dilapidated pier and oil facility, the Commission allowed repair of a dirt access road and the addition of 645 tons of rock to an ancient seawall located on a public beach in Goleta, (State Lease 421).

SeaWorld, San Diego Co: Finding that pavement is no way to remediate a toxic waste dump, the Commission denied a proposal by SeaWorld to construct a 1,353 spot parking lot on Mission Bay, San Diego.

Horizon Seabright, Grover Beach, San Luis Obispo Co: In seeking to protect ESHA adjacent to Pismo Lake, the Commission denied a proposal to divide a .98-acre parcel in order to build a second home.

West Cliff Drive Path Widening, Santa Cruz Co: Finding the City of Santa Cruz seriously delinquent in efforts to protect against further seawall proliferation along West Cliff Drive, the Commission voted to deny a proposal to enlarge an existing bike path along the bluffs.

Mt. Holyoke, Pacific Palisades, Los Angeles Co: Supporting public coastal and views, the Commission denied a proposal by Mt. Holyoke Homes to divide a 1-acre lot into three residential lots at 425 Mt. Holyoke Avenue.

Destination Development, Long Pt., Palos Verdes, Los Angeles Co: In one of the worst decisions of the entire year, the Commission failed even to require a full public hearing in approving, without improvement, a massive new luxury resort in Palos Verdes for 582 room resort (400 hotel rooms, 50 three-keyed “casitas”, and 32 “villas”,) golf practice facility, club house, conference center, restaurants, related commercial uses at 6610 Palos Verdes Drive (former Marine Land Park). In their haste the Commission missed a significant opportunity protect and restore coastal sage scrub habitat and instead condoned a mini-golf course.

A.V.P Manhattan Beach, Los Angeles Co: The Commission abandoned a longtime standard by allowing the Association Of Volleyball Professionals (A.V.P.) to sell preferred seating on the public beach for a volleyball tournament. By allowing a private sporting event on public beach to take over public coastal resources for private gain, the Commission set an adverse precedent.

Luers Barn, Santa Cruz Co. In approving a commercial/residential project too large for the site, the Commission failed to require any buffer to ESHA riparian habitat onsite, in direct violation of the Coastal Act and the Santa Cruz LCP. Postscript: Pursuant to a
Sierra Club legal challenge, this approval was invalidated February 2005.

Surfsong, Solana Beach, San Diego Co: The Commission erred in allowing Surfsong Condominium Homeowners Association to construct 120-ft-long 35-ft-high concrete seawall and a 342 linear feet of notch and sea cave fills, on the public beach below 72 condominiums, at 205-245 South Helix Avenue.

Oly Mandalay, Oxnard, Ventura Co: Over the objection of the Beacon Foundation & Sierra Club, the Commission approved (without allowing a full public hearing) “Seabridge,” a project on 135-acres of prime agricultural soils that converts the farm to channels, waterways, streets and pavement to allow construction of 708 homes (276 single-family homes, 42 multi-family homes, and 390 homes in visitor-serving & mixed use designations); 169,000 sq.ft. of commercial floor area on 35 acres; 16.5 acres of recreational land uses; 32.2 acres of open water; 503 boat slips (241 public & 235 private); public trail system (10,755 feet of lateral access and 3,841 feet of vertical access); on west side of Victoria Avenue, between Wooley Road & Hemlock Street.

Perenchio, Malibu, Los Angeles Co: In delaying action on a request by A.J. Perenchio for after-the-fact approval of an unpermitted 10-acre private golf course, the Commission provided time and support for Perenchio’s subsequent decision to donate the property to California Dept. State Parks, a gift valued in excess of $20 million.

Feduniak, Pebble Beach, Monterey Co: In supporting their enforcement program and staff, the Commission took positive action to require removal a private, unpermitted three-hole golf course in conflict with terms and conditions of a previously issued Coastal Permit designed to protect sensitive habitat at 3145 Seventeen Mile Drive.

Grossman Seawall, Pismo Beach, San Luis Obispo Co: Proposal for a 165-ft long, 11-ft high seawall on public beach approved by the Commission despite the fact the home was brand new, permit conditions for setbacks were ignored and construction of house itself contributed to dramatic erosion, at 121 & 125 Indio Drive.

Santa Cruz Harbor: Despite health concerns of adjacent residents, Commission approved project to reinterpret annual testing requirements for SC Harbor to allow fine-grained sediments to be dumped in nearshore ocean waters, where it contacts swimmers and migrates up onto public beach.

Luers Findings, Davenport, Santa Cruz Co: The Commission approved findings for a development despite it’s being explicitly inconsistent with LCP requirements for a buffer area and protection of ESHA-riparian habitat onsite. UTV= Unable To Vote (only Commissioners prevailing in the initial vote can vote on findings. Postscript: In February 2005 this project was invalidated as a result of a Sierra Club lawsuit.

Santa Barbara LCP, “Funk Zone”: Commission conditioned LCP to protect against proliferation of condos, which angered developers, in an area generally bounded by Helena Ave., Highway 101, Garden St. and Cabrillo Blvd.

Carlsbad Golf Course, San Diego Co: Supporting San Diego BayKeeper, the Commission facilitated approval of the first organic golf course in California.

Shoreview, Pacifica, San Mateo Co: In approving a request by Shoreview Homeowners to repair and maintain existing quarry stone revetment seawall, at 154 to 220 Shoreview Avenue, Pacifica, San Mateo County, the Commission allowed private homeowners to cover a public beach, and failed to consider or require less environmentally damaging alternatives.

Carnevale, Carpinteria, Santa Barbara Co: In approving a new home and ignoring the Carpinteria Creek Foundation, the Commission failed to protect neighborhood community character and sensitive habitat at corner of Carpinteria Avenue, Arbol Verde Street, and Concha Loma Drive.

Miller, Pacific Beach, San Diego Co: Over the objection of neighbors, the Commission approved a 3-story, 44-room hotel, restaurant and outdoor dining terrace and 85 parking spaces, on .51-acre oceanfront site, at 4551 Ocean Boulevard, in a very crowded, very congested area.

Beach House, Encinitas, San Diego Co: In a positive vote, the Commission acted to protect beach access and remediate a decade old public access obstruction erected by adjacent restaurants, in which the businesses had used a public access path for restaurant seating, at 2530 South Highway 101.

Newport Senior Housing, Newport Beach, Orange Co: In approving a proposal to build 120-units of senior affordable housing (along with 146 parking spaces, pool & patio, Wetlands Restoration & Detention Basin & Pond area (on lower part), and public passive park (on upper part), with 38,162 cu.yds. of grading), on 15-acre site, at northwest corner of Coast Highway & Jamboree Road, the Commission sided with developers, voting to allow a portion of the housing on wetlands, in violation of the Coastal Act, which eliminated the potential for wetlands restoration in an area.

Caltrans, Los Angeles Co: Commission permitted wetlands destruction for a Route 90 roadway expansion project.

Harrington & Lynch, Malibu, Ventura Co: In an effort to protect coastal resources, the Commission supported an enforcement action against Elizabeth Harrington and William Lynch, owners of 42500 Pacific Coast Highway, to remove unpermitted development including a seawall/planter, retaining wall, fence with shade fabric and landscaping that blocked ocean views.

Pleasure Point Seawall, Santa Cruz Co: To protect a world famous surfing beach and significant coastal resources, the Commission voted unanimously to deny a proposal by US Corps of Engineers and the County of Santa Cruz, for a bluff high 1,100 foot long seawall (from 33rd to 36th Ave.) at East Cliff Drive, Live Oak beach area of Santa Cruz. Postscript: Subsequent to the Commission’s denial, the County of Santa Cruz issued itself an emergency permit and built a portion of the seawall, ignoring the Commission and badly damaging the reputation of the County. Eventually, the County will be required to process a legal permit on the project, at which time the Commission may require the seawall be removed.

Weber, Bolinas, Marin Co: In a decision to Tomales Bay allow removal of 153-cu.yds. of materials & rock debris and permit construction of a fence, and maintaince two drainage ditches next to Bolinas Lagoon at 95 Olema-Bolinas Road and 850 Lauff Road, Bolinas, the Commission ignored wetlands protection issues raised by the Tomales Bay Association.

Bren-Haley, Malibu, Los Angeles Co: Unconcerned about habitat protection, the Commission approved a 4,838 sq.ft. 35-ft-high single-family home, a 512 sq.ft. attached garage, a 968 sq.ft. detached structure (506 sq.ft. guest house with 462 sq.ft. garage below), a 250 sq.ft. detached cabana, pool, deck, a 20-ft-wide driveway, septic system, water tank, and 16,761 cu.yds. of grading, at 25858 Mulholland Highway.

Kay, Santa Monica Mountains, Los Angeles Co: In an effort to protect environmentally sensitive habitat, the Commission approved an order requiring cessation of illegal work, grading and development and restoration of habitat at Panorama Ranch, next to and north of Castro Motorway.

Dana Point Headlands, Orange County: In voting 9-3 to allow development of a resort on one of Southern California’s last open coastal promontories, and a 2000-ft long seawall on Strands Beach solely to facilitate construction of new luxury homes, the Commission ignored their staff and numerous Coastal Act policies.

Kwiatkowski, Pacific Grove, Monterey County: In voting 6-5 to approve construction of a home in Pacific Grove, the Commission allowed the developer to ignore Coastal Act policies requiring that development be set back of environmentally sensitive habitat areas (ESHA), in this case, Monterey Pine trees.

Seabridge, Oxnard, Ventura County: In adopting findings for a massive housing and marina development, the Commission ignored evidence that a children’s swimming area proposed to be located within the new harbor would be contaminated and would make children sick, and approved it anyway, despite evidence that the developer would have no legal or financial obligation to insure safe water quality parameters. UTV= Unable To Vote (only Commissioners on the prevailing side on the original vote can vote on the findings). Postscript: The “swim area” condition was eventually deleted by the Commission after arguments by project opponents were finally accepted.

Goleta Beach Seawall, Santa Barbara County: In approving a “temporary” 2-year 600-ft seawall to protect the lawn area of a county park, the Commission ignored a Coastal Act prohibition against seawalls for such purposes, and allowed a permanent seawall under the guise of a temporary project. Postscript: As of Feb. 2005 the wall has not been removed, but instead enlarged to over 1,000-ft, with no legitimate environmental or Coastal Act review of any kind.
Border Fence, San Diego County: In defending rare and endangered species habitat and wetlands located along the US-Mexico border, the Commission unanimously denied a proposal by the US Federal Government to construct a series of three fences, a paved road and clear habitat the width of a six-lane freeway, from the ocean inland for miles, in an attempt to reduce illegal immigration. The Commission found there were numerous other ways to build an effective barrier reduce without destroying the coast and coastal habitat.

Sea World Revocation, Mission Bay, San Diego County: In allowing the amusement park to expand, the Commission ignored the case presented by California Earth Corps that the site on which the expansion is being built is a well known historic toxic waste dump. The Commission refused to revoke Sea World’s permits despite evidence that Sea World had deliberately failed to divulge damaging information regarding the hazardous waste dump, and despite the fact that Sea World still refuses to provide toxics information to the Commission.

Boating Instruction & Safety Center (BISC), Ventura Harbor: On a 6-4 vote, the Commission upheld the Ventura Harbor Plan in voting to deny a development that would replace a public lawn and picnic area, including trees hosting a variety of birds, and the fact that the new commercial boating center would send novice sailors into an adjacent dangerous, congested large boat thoroughfare

Trento, Malibu, Los Angeles County: As a follow-up to an earlier approval allowing construction of a mansion and guest house on top of an important Chumash archeological site, the Commission allowed further destruction of the cultural site and coastal resources in approving a 7,200-sq. ft. tennis court.

Kay, Panorama Ranch, Santa Monica Mountains: In denying an after-the-fact permit for construction of roads, building pads and destruction of ESHA habitat on Castro Peak, the Commission found that the unpermitted work was unacceptable and would have to be removed and the mountain habitat restored.

Oceano Dunes SVRA, San Luis Obispo County: In voting to send a letter to State Parks, the Commission supported efforts by environmentalists to try to convince State Parks to take minimal steps to stop the desecration of endangered species coastal dune habitat from off road vehicle (OHV) use at Oceano Dunes State Vehicular Recreational Area (SVRA). Postscript: Although the Commission did send the letter, State Parks has so far refused to formally acknowledge or accept scientific research showing expanded protected areas would better safeguard snowy plovers, least terns and other plants and animals trying to survive amidst thousands of dune buggies.

Moro Bay State Park, San Luis Obispo County: In denying a motion for revocation (on a 4-3 vote) brought by the City of Moro Bay, the Commission sided with sister agency State Parks and allowed for a eucalyptus forest containing endangered species to be cut and cleared to allow paving to convert a car and tent camping area to a cement RV camping area.

US-EPA Offshore Oil NPDES Permits, Southern California: In voting 7-0 against an attempt by US EPA to issue weakened discharge permits to offshore oil operations, the Commission acted to insure that legitimate discharge permits would be adopted that would protect California coastal waters, fisheries and swimmers against a variety of toxic, hazardous chemicals the companies were hoping to discharge into ocean waters. Postscript: As a result of the Commission’s action, and a lawsuit by environmentalists against EPA, stronger, more protective discharge permits have now been issued to the offshore oil derrick operators.

Monterey Beach Abandonment & Hotel Seawall, Monterey County: In abandoning their mandate to protect public beaches, the Commission voted to give away a public beach in order to then vote to approve a 600-ft long seawall for the Monterey Beach Hotel, a private luxury seaside resort in Monterey County.

Schneider, Harmony Coast, San Luis Obispo County: In significantly revising a proposal for an oceanfront home on 40-acres, the Commission voted to protect ocean views and habitat by decreasing the size of the home and significantly decreasing the length of the entrance road needed by moving the home inland.

Reddell, Moro Bay, San Luis Obispo County: In denying a proposal to construct a housing and retail commercial project overlooking Moro Bay Harbor, the Commission sided with local residents, businesses and environmentalists in protecting coastal views, public parking and visitor-serving uses in Moro Bay Harbor.

Santa Cruz Beach Boardwalk: Voting to allow a 100-foot tall amusement ride, the Commission chose to ignore the project’s impacts on public coastal views and noise and night light impacts upon the adjacent San Lorenzo River and estuary.

Black, Opal Cliffs, Santa Cruz County: The Commission acted to protect the public beach by denying a claim for vested rights (VRC) that would have allowed an unpermitted seawall comprised of rip-rap rocks to remain on the beach below Black’s house.

Wetherell & Westbrook, Del Norte County: On scant evidence the Commission allowed additional rock excavation on the Smith River on a claim that the additional excavation would promote fisheries restoration, 1.5 miles downstream from Dr. Fine/Highway 101 Bridge, Smith River, Del Norte County.

McNamee, Corona Del Mar, Newport Beach, Orange County: On a 6-4 vote, the Commission undermined enforcement of Coastal Act violations in finding that structures on the beach belonging to McNamee were illegal, but that McNamee could leave the structures on the public beach for years into the future while he makes subsequent permit applications to try to legalize the illegal structures.

Bel Air Bay Club, Los Angeles County: In siding with a private luxury oceanfront club, and permitting the applicant to expand facilities and realign a seawall, the Commission allowed public views of the coast to be adversely impacted and the public beach to continue to be misappropriated by the Club.

Mello, Mendocino County: In approving a new blufftop oceanfront home, the Commission failed to insure an existing public accessway, which is already of eroding, by permanently the trail via a floating trail easement. Instead, as the bluff erodes, the public access trail in front of the home will eventually disappear.

Stoney Heights & Meadowlands, Santa Monica Mountains, Los Angeles County:
The Commission voted positively to deny a request to re-divide two lots (34.5 and 0.16- acres into 14.8 & 19.8-acres) that would have resulted in additional development rights and entitlements adjacent to Corral Canyon Road, in the small lot subdivision at Searidge Drive, an area of sensitive environmental resources.

Redland Company, Del Norte County: In allowing Redland Company to divide 9.4- acres into 4 lots, at 145 Redland Lane, Smith River, the Commission unnecessarily permitted new development entitlements in an area of sensitive environmental resources.

Bolsa Chica, Huntington Beach, Orange County: THIS DECISION WAS NOT COUNTED FOR PURPOSES OF THE VOTING CHART SINCE THE COMMISSION DID NOT ACTUALLY VOTE (THE DEVELOPER- HEARTHSIDE HOMES- WITHDREW THE PROJECT BEFORE THE COMMISSION COULD DENY THE PROJECT). However, we include the decision here in order to highlight it, as it involves one of the last, most significant wetlands in southern California. In addition, the Commission was
very explicit in its criticism of a giant proposal to build 379-houses adjacent and within wetland and forest ESHA. Our conservation analysis, therefore, was based upon the written record of the meeting. Only Commissioners Potter & Neely voiced support for and moved for approval of the development.
Commissioner Iseman, who is from Orange County, failed to join other Commissioners on the record opposing the project.

Holyoke, Pacific Palisades, Los Angeles County: Once again the Commission denied a proposal to subdivide a 1-acre cliffside in an attempt to develop three homes, finding that public views of the ocean would be lost and the development of homes on an unstable cliff above a public park would likely create a dangerous nuisance.

Harbor House Seawall #1, Del Monte Beach, Monterey County: In the first vote related to this proposal to build a 600-ft long seawall on Del Monte Beach to protect condos predating the Coastal Act, the Commission denied a motion by Commissioner Potter to dedicate mitigation funds to planning, rather than acquisition of new public beach for recreation.

Harbor House Seawall #2, Del Monte Beach, Monterey County: In the second vote related to this seawall project the Commission voted to increase a suggested mitigation fee of $1 million to $5.3 million dollars (the highest seawall mitigation ever required in California), finding that anything less would be useless inasmuch as no new meaningful public beach could be acquired with the lesser amount. (*denotes the vote of alternate Commissioner Edward Albert, who opposed any seawall of any type, regardless of the size of the mitigation fund, and therefore will be counted as a positive vote in the final vote tally).

Los Angeles World Airports Expansion (LAX), Los Angeles County: In approving a plan to dramatically expand Los Angeles Airport over the next two decades, the Commission missed an opportunity to promote restoration of coastal dune scrub habitat and require that buckwheat be planted at areas to be abandoned in order to attract the rare and endangered Hermosa Blue Butterfly. Only 3 Commissioners supported the habitat motion.

Doyle, Redondo Beach, Los Angeles County: In approving an oceanfront residential expansion project, the Commission ignored pleas from the public and feasible alternatives and instead approved an expansion of the home that will block public views from inland streets used by tens of thousands of people weekly.

Hendrick, Encinitas, San Diego County: In approving a large home near the beach, the Commission failed to provide concerned neighbors with a full public hearing, instead approving the 5,000 sq. ft., two- story blufftop house at 736 Fouth Street by finding that substantial issues were present.

Sunridge Views, Monterey County: In denying this project, the Commission supported an appeal by Friends, Artists and Neighbors of Elkhorn Slough and LandWatch Monterey County, who were opposed to a proposal to divide 25-acres into 10-residential lots and convert an existing strawberry farm to houses, at 250 Maher Road.

Reed, Del Norte County: Ignoring evidence of bald eagles on this property, the Commission denied an appeal by Friends of Del Norte and approved construction of an RV park on the north side of Buzzini Road, off Lake Earl Drive.

Pauli, Mendocino County: Some Commissioners sought on behalf of Pauli to delete conditions recommended by coastal staff regarding the siting of a proposed house in order to minimize view blockage and maximize habitat protection, at 45100 Chapman Road, Chapman Point, just south of the town of Mendocino. Fortunately, the effort failed on a 5-5 vote of the Commission.

Ellwood Shores Park & Housing, Goleta, Santa Barbara County: Concluding a process initiated by the Commission over a decade earlier, environmentalists and developers were able to work cooperatively with the County to dramatically reduce a housing development, move the entire project inland and insure permanent protection of ESHA resources along the Goleta coastline.

Parkstone Company, Oxnard Shores, Ventura County: In a very poor decision, the Commission voted 8-1 to approve a zoning change to allow a 1-acre sand dune with native vegetation to be converted from “resource protection” to “single-family residential” to allow 9-homes to be built, in the City of Oxnard, where the LCP recognizes no ESHA whatsoever.

Isle Vista Parking Program, Santa Barbara County: In a positive vote, the Commission voted 7-2 to find substantial issue and require further hearings on a plan to eliminate 3,000 free streetside public beach access parking spaces in order to create a residential-preferential parking program in the 1-sq. mile, heavily overcrowded UCSB student community.

La Jolla Swim Buoys, San Diego County: On a very close 5-4 vote, the Commission voted against public access and approved a vested rights claim (VRC) for the City of San Diego that allows the private luxury La Jolla Beach & Tennis Club to continue to place buoys offshore of the hotel in order to create a private swimming area. Note: litigation has been initiated by Sierra Club to insure a proper coastal permit process is undertaken for this development.

Brown, Cambria, San Luis Obispo County: Siding with a luxury home developer, the Commission ignored their staff and approved a land division to create 3 lots from 2 that will allow additional development and roads within environmentally sensitive (ESHA) Monterey Pine tree forest habitat.

Hoff, Newport Beach, Orange County: In an effort to protect coastal resources and the public beach, the Commission required a residential development to be set back 25-ft from the bluff edge, and refused to continue the matter.

Arco, Santa Barbara County: The Commission erred in ignoring the concerns of Santa Barbara Co., SB’s Environmental Defense Center and Sierra Club in approving a request by Arco Oil Co. and Halliburton Company to use explosives and blow up an existing offshore oil platform in order to then build and (hopefully) restore an important offshore bird roosting habitat. The project could have easily been accomplished without allowing Halliburton Co. to blow up the California Coast.

Sunridge Views, Monterey County: The Commission denied a request to reconsider an earlier decision denying a proposal to convert a 25-acre strawberry farm to 10 luxury mansions, in the Elkhorn Slough watershed area.

Seascape Shores, Solana Beach, San Diego County: The Commission approved a notch fill and upper bluff seawall structure with inadequate mitigation and protection of the public beach.

Ballona Lagoon Enhancement, Venice, Los Angeles County: Bowing to pressure from adjacent neighbors trying to eliminate public access, the Commission voted to eliminate public viewpoints and move a trail.

Landon, Venice, Los Angeles County: On an 8-3 vote, the Commission allowed an ultra-modern style home, much larger than neighbors, in a Venice Beach walkstreet area consisting of small cottage style homes. The Commission’s failure to protect the walkstreet’s “special community character” opens the door for demolition and replacement of the cottage homes with new style larger houses.

BISC, Channel Islands Harbor, Ventura County: Ignoring the fact that a proposed Boating Instruction & Safety Center (BISC) building will be up against trees with Knight Crown Heron nests, without any buffers whatsoever, and ignoring the fact that the a much safer, preferable alternative location for the BISC was exists on the east side of the harbor, the Commission instead sought to please Ventura County Supervisors and developers by voting to approve the BISC on the west side of the harbor, on top of a much used, free, grass picnic area.

Crescent Heights, San Diego County: On a 7-4 vote the Commission approved an LCP amendment allowing housing with protection for ESHA, defeating an amending motion that would have allowed ESHA destruction under the guise of “fire clearance.”

Maxwell, Santa Barbara County: In voting to hear an appeal of a subdivision adjacent to More Mesa, a 340-acre wildlife refuge on a coastal bluff in SB, the Commission acknowledged importance of More Mesa and the fact that the proposed project is too dense

Headlands Reserve, Dana Point, Orange County: In voting to reject their staff and numerous environmental and economic advisories, the Commission instead embraced a developer’s proposal to destroy ESHA habitat at Dana Point Headlands in order build a resort, construct luxury houses and erect a new seawall at Strands Beach. Because of the Commission’s egregious decision rejecting even a public hearing on the project, neither the Commission nor the public has any legal assurance that the developer’s numerous promises regarding habitat restoration will be complied with.

Brightwater, Bolsa Chica 1, Orange County: Failing to take advantage of a strong staff recommendation to protect birds, wildlife and habitat at one of Southern California’s most important wetlands, the Commission sided instead with developers and voted to eliminate a critical 100-meter (328-ft) buffer needed by white-tailed kites in connection with the approval of a 349-house luxury subdivision.

Brightwater, Bolsa Chica 2, Orange County: Following the Commission’s rejection of 100-meter buffers, Commissioner Sara Wan moved that the Commission require at least 200-ft buffers to insure the survival of raptors living onsite at the Bolsa Chica wetlands. On a 6-6 vote the Commission rejected even that puny buffer, preferring instead to join the developer in maximizing houses and profits at the expensive of future wildlife survival Bolsa Chica.

Cambria CSD, San Luis Obispo Co: In supporting their staff and environmentalists, the Commission voted to hear an appeal and conduct subsequent public hearings on a proposal by the Cambria CSD to cut down Monterey Pine trees and habitat in order to increase local water storage capacity.

Ocean View Plaza, Cannery Row, Monterey County: Supporting their Executive Director’s decision to reject an application for a mixed-use retail and condo project (which would have been served via a privately constructed desalination plant), the Commission honored long standing precedent prohibiting construction of private residential desalination plants along the California coastline.

Waddell #1, San Mateo County: In voting 7-3 to allow a 7,650 sq. ft. home and a 3,000 sq. ft. barn, the Commission chose to scuttle a staff recommendation that would have proscribed strict limits against construction of monster homes in rural coastal areas. Castle-like homes waste resources, impair coastal habitat, cripple rural communities, damage agricultural communities and cause visual blight.

Waddell #2, San Mateo County: Ignoring their staff, environmentalists and the Coastal Act once again, the Commission sided with developers and voted 6-4 to allow a 3,000-ft long private residential driveway on top of environmentally sensitive habitat (ESHA) and native grasses, instead of requiring less environmentally damaging, readily available alternatives. NB: Based upon litigation initiated by Wetlands Action Network, the Waddell house and entrance road were subsequently removed from ESHA.

Polecek, San Mateo County: Again choosing to ignore the adverse impacts associated with luxury mansion development on agricultural land, the Commission approved nearly 7,000 sq. ft of residential development on a 17-acre farm, over the objection of their staff and environmentalists.

Sunset Pointe, SD LCP Amendment, San Diego County: In approving a proposal to up-zone wild canyon lands in Mira Mesa to allow for increased development, the Commission ignored the advice of their staff and approved construction of 20 homes instead of the 3-homes allowable under the existing zoning.

Kretowicz, La Jolla, San Diego County: In denying a proposal to abandon a valuable public access-way for a paltry $10,000, the Commission saved access to a public beach and initiated long overdue review of numerous Coastal Act violations at 7957 Princess Street in La Jolla.

Cambria CSD, San Luis Obispo County: In approving new water tanks for a Community Services District, the Commission rejected an effort to place the tanks within sensitive Monterey Pine tree forest habitat and required that successful water conservation efforts be continued.

McNamee, Newport Beach, Orange County: Commission denied a proposal to allow illegal, unpermitted development on bluff and sand at 3329 Ocean Blvd., Corona Del Mar Beach, including built- in BBQ, cabinets, counter, sink, refrigerator, shower, thatched palapa, concrete tables, benches, storage shed, toilet and flower garden.

UCSB LRDP, San Clemente Housing Project, Isle Vista, Santa Barbara County: In approving a proposal to construct a 976-bed, 846-space parking and housing development (380,000 sq. ft.), the Commission (on an amending vote) was careful to require ESHA protection of raptor trees and habitat in an area UCSB sought to develop athletic fields.

Goleta Beach Seawall, Santa Barbara County: Instead of addressing old unpermitted and illegal dumping of rocks by SB County at Goleta Beach, the Commission agreed to allow a 350-ft long portion of the seawall to remain for yet another year, while SB County continues to pursue seawall development to protect the most expensive lawn in history in violation of the Coastal Act.

Las Brisas, Solana Beach, San Diego County: Acknowledging adverse recreation impacts to coastal resources and recreation, the Commission denied a proposal by the Las Brisas Homeowners Assoc. for a 35-ft-high, 120-ft-long seawall at 135 So. Sierra Ave.

Garacochea, Venice Beach, Los Angeles County: Commission allowed a private 70-unit condo residential development in a visitor-serving zoned area and only required partial commercial use of the property for 3-years, after which the entire property can be converted to private residential use, at 512 Rose Avenue.

UCSB East Bluff Fence, Isle Vista, Santa Barbara County: Commission rejected an after the fact permit for a 2,000-foot long, 3-ft high chain link fence constructed without permits along the bluff edge and required that UCSB rebuild the fence using a less unsightly wooden pick style fence.

Forge Lodge, Malibu, Los Angeles County: Commission denied a permit to construct a 27-unit hotel development in seven buildings and a parking lot on environmentally sensitive habitat (ESHA) adjacent to Solstice Creek, finding that the owner of the property had destroyed ESHA in past unpermitted development on the site, at 26025 Pacific Coast Highway.

OCS, San Luis Obispo & Santa Barbara Counties: Finding that the federal government, Mineral Management Services (MMS) and the oil companies were negligent for their failure to adequately address the potential for adverse environmental and economic impacts to coastal resources, the Commission denied lease extensions for 36 offshore oil & gas leases offshore of SLO & SB.

Trancas Property Owners Assn., Malibu, Los Angeles County: Commission approved a Cease & Desist Order directing TPOA to stop using “no trespassing” signs on Broad Beach, or using fences, private security guards or ATVs to harass the public. NB: TPOA has initiated litigation against the Commission in order to be able to continue to harass the public.

AB 771 (Saldana): AB 771 (Saldana, D-San Diego) would have amended the Coastal Act and state law to strengthen reporting requirements and public disclosure regarding lobbying on coastal development projects, and would have required that the Coastal Commission publish, on their web site, information regarding lobbying contact information and content. Sierra Club and California Coastkeeper Alliance supported AB 771. The legislation was passed by the California Assembly & Senate and vetoed by Governor Schwarzenegger on October 7, 2005. 0800/ab_771_vt_20051007.html For the complete legislative history, go to

Las Brisas, Solana Beach, San Diego County: After denying this same 35-ft high, 120-ft long seawall for a 36- unit condominium association in July 2005, the Coastal Commission reversed course and approved the wall, but this time imposed a significant $248,680 recreational impact mitigation fee against Las Brisas, where the condos sell for approximately $1 million each. Although Surfrider Foundation and Sierra Club opposed the project, the Commission vote is herein counted as a positive vote due to their attempt to establish a new mitigation policy for Solana Beach and north county San Diego. NB: Not willing to pay any mitigation fee, the Las Brisas Homeowner’s Association has initiated litigation against the Commission in an attempt to eliminate the proposed mitigation fee.

Mavar, San Pedro, Los Angeles County: On a 9-2 vote the Commission acted to protect coastal resources and public views of the coast by denying a request to adjust a lot line and construct a new home at 2021 Paseo Del Mar.

Stoney Heights & Meadowlands Ranch, Malibu, Los Angeles County: Voting 6-2, the Commission denied a proposal to adjust a lot line that would have created two lots and resulted in greater adverse impacts to environmentally sensitive habitat areas (ESHA).

Santa Cruz Seaside Company, Santa Cruz County: Seaside Company operates the Santa Cruz Beach Boardwalk and has been erecting illegal signs, gates and fences to eliminate free public access in the vicinity since at least 2000. Here coastal staff recommended that SC be required to maintain public access during business hours, and be allowed to close the gates during nighttime and off-business hours. Should SC prevail in ongoing litigation over historical public access rights across the property, SC will still be required to maintain public access according to this permit. Commissioner Ben Haddad (Alternate for Steve Kram) sought to help SC eliminate public access and moved to delete the conditions requiring access be maintained. The Commission voted 5-5 on Haddad’s motion and the anti- access effort failed.

Maxwell, Goleta, Santa Barbara County: Despite overwhelming local opposition and obvious threat to adjacent open space and ESHA, the Commission voted 7-4 to ignore the environment and allow 2.3-acres and just two legal lots to be subdivided into five lots that will allow for 6 homes to be crammed into property containing wetlands and a creek at 4865 Vieja Drive, next to the More Mesa bluffs open space.

Cal. Dept. Transportation (CalTrans), Ten Mile River, Mendocino County: The Commission approved a request to replace an aging bridge over the Ten Mile River (north of Fort Bragg), but over the objection of CalTrans voted to require that CalTrans include visually pleasing rails and a safe sidewalk area for pedestrians and bicycles as the bridge is also part of the California Coastal Trail.

Marine Mammal Commission Statement, Acoustic Impacts on Marine Mammals, World-wide:
Over the objection of the US Navy, the Commission voted to send a statement to the US Marine Mammal Commission’s Advisory Committee on Acoustic Impacts to Marine Mammals in which the Coastal Commission noted that acoustic noise is causing significant adverse impacts but is largely unregulated. The Coastal Commission is urging that acoustic noise be further studied, regulated, minimized and eliminated wherever possible. The analysis and statement are found at

NOAA, Southern California: As part of the continuing expenditure of settlement funds related to the Montrose Settlement Restoration Program (MSRP) Final Resolution Plan (FRP) the National Oceanic & Atmospheric Administration must secure approval of the Coastal Commission for mitigation programs in the Channel Islands and offshore areas, Southern California Bight, Santa Barbara & Los Angeles Counties. This year NOAA sought permission to halt Bald Eagle restoration efforts on Catalina Island because the eagles continue to be contaminated with DDT from Montrose Corporation. The Commission rejected the proposal, and required that program be continued for a minimum of ten more years, at a cost of $250,000 per year. NB: On March 13, 2006, NOAA informed the Coastal Commission that it intends to ignore the Commission’s determination and will allow the Catalina Island Bald Eagle population to go extinct. The Commission now must determine weather to defend or litigate NOAA’s rejection, or seek mediation.

McMillan NTC, San Diego County: Ignoring the request of the San Diego City Attorney and local activists with Save Our NTC (Naval Training Center), the Commission voted 6-5 to allow McMillan to destroy nationally registered historic buildings on a former military site in order to construct a big box mall. The City of San Diego had approved the request in violation of their LCP and historic preservation laws, but the Commission supported McMillan’s request to be able to quickly knock down the historic buildings as part of one of the most controversial, scandalous base closings in the United States. Commissioner Haddad distinguished himself during the hearing as particularly hostile to planning and the San Diego City Attorney.

Green & Ceresa, Aptos, Santa Cruz County: Just after being informed that the California Attorney General would soon initiate limitations on legal representation of the Coastal Commission, the Commission voted 11-0 to let an aggressive developer ignore hillside bluff edge setbacks (against the recommendation of the Commission’s own geologist) in order to expand a home at 106 Farley Drive, Aptos.

Camden, Newport Beach, Orange Co.: Commission approved a 9,540 sq. ft. home with no bluff set- back, against the advice of their staff and sound coastal planning (several Commissioners wanted to go even further, and supported allowing the house to hang out over the bluff).

Klien, Malibu, Los Angeles Co.: Commission approved an office building and parking lot on steep can- yon slope within 50-ft riparian canopy and adjacent stream on Pt. Dume, in violation of the required 100-ft ESHA setback. In setting a disastrous precedent, Commission found that streams and canyons on Pt. Dume are not entitled to ESHA protections, which will adversely impact economic and environmental val- ues on Pt. Dume in the future.

Humboldt Bay Harbor, Eureka: In an unprecedented decision (that would not have been allowed in Southern California), the Commission allowed officials in Humboldt Harbor to dump more than 200,000 yards of toxic dredge spoils on the public beach at Samoa Peninsula.

North County Transit, Del Mar, San Diego Co.: Commission allowed a seawall for train tracks on a consistency determination (CD), without requiring a coastal development permit (CDP) and without ana- lyzing alternatives such as moving the tracks inland, thereby sacrificing the coastal bluff and public beach.

Fargo, La Jolla, San Diego Co.: Commission denied an after the fact permit for illegal construction and grading for pool and deck extending over, intruding into and causing severe damage to steep hillside natural preserve area.

Holmgren, Ventura Co.: In violation of Coastal Act policies limiting seawalls to ‘existing structures,’ the Commission approved a new seawall for a brand new home, inappropriately sited on the public sandy beach, with no setback, which was still under construction at Solimar Beach.

KSL Resorts, Encinitas, San Diego Co.: Commission voted to allow conversion of a public overnight visitor serving hotel to a private residential ‘condotel,’ thereby undermining coastal visitor serving land use zoning protections and initiating a stampede to convert coastal hotels to private condominium resorts that reduce public opportunities to visit and stay along the coast and artificially inflate coastal land values.

Brinton, Miramar, San Mateo Co.: Ignoring staff and legal recommendations, the Commission approved subdivid- ing a single parcel into three lots to insure residential sprawl, without protecting sensitive resources, steep slopes, ESHA, and without mitigating for water supply constraints, severe traffic or beach access.

Dockweiler Beach, LA Dept. Beaches & Harbors, LA Co.: Commission ignored staff recommendations and al- lowed construction of a 9,000 sq. ft. youth center on the public beach, with a garage and beach driving, ignoring al- ternative upland sites for the facility at Dockweiler State Beach.

US Navy, San Diego Co.: Commission approved construction of four 18-story residential towers and a 6-story park- ing garage, blocking views and establishing a new adverse Miami Beach style development precedent for area.

Sunridge Views, Monterey Co.: Reversing itself and a previous Commission denial, the Commission approved destruction of a 25-acre strawberry farm to allow construction of 10 mansions, despite contaminated and insufficient freshwater/groundwater supplies, merely because the landowner had sued the Commission for the initial denial.

Pescadero Conservation Alliance.: Commission allowed development of a youth campground on State Park land purchased specifically to protect marbled murrelets, despite evidence that the proposed Gazos Mt. Camp would ad- versely impact the endangered birds.

Inyaha (Fargo), La Jolla, San Diego Co.: Merely because the landowner sued, the Commission reversed itself and allowed illegal construction above, over and into an adjacent nature preserve.

Huntington Harbour, Huntington Beach, Orange Co.: In protecting public recreation, the Commission denied a proposal to allow residential development on one of only two public recreation areas in entire Harbor.

Palmero, Newport Beach, Orange Co.: Reserving a previous denial, Commission allowed 2-story addition and pool on bluff face above ocean in violation of LCP resource protection policies.

Long Pt. Development, Rancho Palos Verdes, LA Co.: Commission approved dramatic reduction in public hotel rooms (400 to 294) in new resort (“Terranea”), allowing 106 rooms to be converted to private residential ‘condotel’ units, thereby increasing private profits and adversely impacting public coastal zone overnight room availability.

North Pacifica, Pacifica, San Mateo Co.: To protect rare sand dune vegetation and habitat, the Commission denied a proposal to pave the Pacifica Bowl and construct 19 houses and 24 townhouses.

Vintage Marina, Channel Islands Harbor, Ventura Co..: In an outrageous decision, the Commission voted with lobbyists to allow construction of a Boating & Safety Instruction Center (BISC) that would destroy a public lawn and picnic area, as well as trees used by Herons for nesting, despite the fact that other, more appropriate and environmentally less damaging sites existed for the BISC. NB: This decision has since been invalidated by court decree based upon a lawsuit brought by local citizens.

Mar Vista, Laguna Beach, Orange Co.: Finding that the City of Laguna had illegally approved and sought to assist a private mansion developer, the Commission voted to take jurisdiction over the project and to stop development in a creek.

Yandow, Shell Beach, San Luis Obispo Co.: To protect public beach access, the Commission denied the proposal by a property owner to fence and block off a popular public beach access trail.

Khaloghli, Cambria, San Luis Obispo Co.: Property owner sought to revise permit to allow for illegally having planted 38 huge non-native palm trees in lieu of the native plants that had been promised.
Note: Khatchik Achadjian was appointed to the Commission in June 2007.

Goodell, Huntington Beach, Orange Co.: Finding that a property owner had illegally cut down a tree with endan- gered nesting birds to facilitate a real estate development scheme, the Commission ordered staff to bring an en- forcement matter, and required restoration and permanent protection of the site.

Burke, Torrance, Los Angeles Co.: Commission rejected an effort by adjacent property owners to continue to maintain a fence on the public sandy beach in order to privatize the bluffs above, between Palos Verdes and Re- dondo Beach.

Driftwood Properties (Athens Group) Laguna Beach, Orange Co.: Following multiple citizen complaints against Athens Group, Commission took initial enforcement steps to restore massive hillside and watercourse destruction at Hobo Aliso in South Laguna. The destruction of high value habitat and endangered Big-leaved Crownbeard was to facilitate a luxury residential development scheme. Although much more enforcement and restoration are necessary, coastal staff assured the Commission that additional legal action will be undertaken.

City of San Diego, San Diego Co.: Following a lawsuit by Sierra Club, the Commission ordered that swim safety buoys be allowed offshore of the private La Jolla Beach & Tennis Club, and that “Public Access Permitted” signs be required to be placed on the beach in front of the club, and that mechanical beach grading be prohibited.

Laing Homes, Port Hueneme, Ventura Co.: Under pressure from lobbyists and developers, the Commission approved a plan to convert 17-acres dedicated to harbor uses to residential use for speculation, sprawl and over 125 new houses.

Lerner, Malibu, Los Angeles Co.: To protect a creek and environmentally sensitive riparian habitat, the Commission denied a proposal to construct a swimming pool.

Gaviota Bridge, Santa Barbara Co.: In order to stop a reckless plan pushed by Santa Barbara Co., the Commission denied a proposal to construct a new bridge over Gaviota Creek that would have destroyed over 3-acres of wetlands, finding that much less environmentally damaging alternatives existed for nearly the same construction costs, which the County had inexplicably failed to consider or utilize.

Hotel Del Coronado, San Diego Co.: Bowing to speculators seeking to subvert visitor serving zoning uses, the Commission ap- proved a plan to convert 11 hotel units into 37 ‘condo-tel’ residential units, damaging the public’s ability to stay along the coast in order to facilitate profits for hoteliers.

Lands End, Pacifica, San Mateo Co.: Commission approved a new pool and clubhouse on a crumbling bluff edge despite evidence of landslides and severe erosion.

Garrison, Mendocino Co.: Commission supported development of alternative energy systems and approved a pro- ject consisting of free standing photovoltaic solar panels, and protected views by denying part of the project consist- ing of a 60-ft high wind turbine along Highway One outside of Albion that would have been visible for miles along a designated scenic coastline.

Pardee Homes, City of San Diego, San Diego Co.: Commission approved over 250 housing units on just 9 legal lots, allowing for destruction of ESHA, and then voted to eliminate even 100-ft buffers around remaining sensitive resources.

UCSC Desalination Plant, City of Santa Cruz Water Department, Santa Cruz Co.: Commission voted to allow an unnecessary bluff edge ‘experi- mental’ desal plant despite evidence that permanent facility would not be located in vicinity and pilot test results would not be useful in developing a permanent offsite facility.

Condominium Timeshares, City of Huntington Beach, Orange Co.: Commission voted allow zoning change that will allow 650 new private resi- dential condo and timeshare ownership resort rooms on oceanfront land previously dedicated for public visitor overnight accommodations, thereby adversely impacting future public beach access in Huntington Beach.

Saint Catherine of Siena Catholic School, City of Laguna Beach, Orange Co.: Commission voted to acknowledge impending destruction of two creeks and accept jurisdiction over school development project to prevent Laguna Beach and Catholic Diocese from destroying sensitive resources.

Local Coastal Plan (LCP), City of Malibu, Los Angeles Co.: Commission rejected an effort by the City of Malibu to significantly weaken environ- mental resource protections, bluff setback and public beach access provisions of their LCP.

Isle Vista Parking Plan, Santa Barbara Co.: Commission voted to deny a permit parking plan that would have eliminated over 2,000 free public beach access street parking spaces in Isle Vista.

Malibu Valley Inc., Los Angeles Co.: Commission voted to deny a vested rights claim that would have allowed significant recent unpermitted eques- trian development on ESHA and adjacent to riparian areas in the Santa Monica Mts.

Pacific Jewish Center, Santa Monica/Marina Del Rey, Los Angeles Co.: In approving a religious string development (“ERUV”) with view, land use and wildlife impacts, the Commission established a new less rigorous development standard for faith based development proposals.

Surfer’s Pt., City of Ventura, Ventura Co.: In advancing good science and land use, the Commission approved a managed retreat plan to reconfig- ure shoreline to relocate public parking, realign public bikeway and restore dune habitat.

Goleta Beach, Santa Barbara Co.: In contrast to positive development at Surfer’s Pt., at Goleta Beach Commission again allowed SB Co. to allow California’s longest illegal ‘temporary’ seawall (950-ft) to remain in place yet another 18 months, despite evidence of bad faith on part of SB Co. that County intends to leave the wall forever.

North & West Campus Housing, UCSB, Santa Barbara Co.: Working for many years, the Commission approved a plan by UCSB that insures per- manent protection of significant ESHA & wetlands and two creeks, and will also allow over 300 units of faculty and student family housing.

Sand City, Monterey Co.: In seeking to appease a local government acting in bad faith, six Commissioners voted to allow dozens of tall, illegally developed urban style lights along a bike path and Highway One that shine nigh light into sand dunes and disrupt wildlife.

Pebble Beach Co., Monterey Co.: In seeking to appease resort owner, eight Commissioners voted to permit a new 175-ft long seawall that will destroy scenic Stillwater Cove Beach, without any mitigation whatsoever, and establishing a new adverse precedent allowing seawalls to protect golf course fairways in California.

PG&E, San Luis Obispo Co.: In one of the most important votes of the year, 10 Commissioners abandoned their staff and the California coast and sided with PG&E’s lobbyists in voting not to require any mitigation or conservation of over 9,000-acres of environmentally sensitive lands adjacent to PG&E’s Diablo Canyon Nuclear Power Plant, in connection with approval of new steam generators that will extend the environmental impacts and life of the nuke plant.

California-American Water Co., Monterey Co.: Eight Commissioners voted to allow a ‘test’ desal plant using envi- ronmentally destructive once-through cooling technology at Moss Landing Power Plant, despite the fact that that technology will not be allowed for any permanent facility and despite the fact that the desal promoters admit they in- tend to try to permanently use such environmentally destructive technology.

The Commission dramatically improved a proposal by the US Navy for the use of Sonar off the Southern California coastline, by insuring the Navy reduced the level of noise and improved the monitoring and avoidance of marine mammals. On a very close 5-4 vote, however, the Commission failed to ban the use of sonar within 100 miles of coast, which would have virtually eliminated marine mammal threats and kills by the Navy. For more information on the decision, go to

Following the Commission’s determination that additional protective measures were necessary, the Bush Administra- tion attempted to override the Commission’s determination. That effort, however, was rejected by both the Federal Circuit Court and the Federal Circuit Court of Appeals. In Summer 2007 the United States Supreme Court accepted the matter for rehearing and a decision is expected in 2009.

After being caught red-handed building an illegal road through wetlands at the intersection of Culver & Jefferson Blvd’s, the Commission approved the work after the fact without restoration or penalties.

Commissioner Steve Padilla was not re-appointed to the Commission by Assembly Speaker Fabian Nunez and left the Commission in January 2007.

In a disastrous decision allowing for unprecedented commercialization of public beaches, the Commission ignored their staff and the public by agreeing to revoke long-standing California policy and allow the AVP to charge the public to use beaches and charge beach access fees for 75% of tournament seating.

Commission Vice-Chair Meg Caldwell was dismissed by Governor Arnold Schwarzenegger and left the Commission in February 2007.

In a completely unnecessary maneuver designed to assist a developer, the Commission voted 5-3 to ‘continue’ a proposal to create two legal lots and lessen environmental protections and create new build- thereby insuring the property owner will continue to seek to dam- age coastal resources.

On a 6-3 vote, the Commission rejected an effort by the City of Oxnard to sell off publicly owned property— environmentally sensitive sand dunes—for construction of luxury mansions. Postscript: Just 5 months later the Commission reversed themselves and allowed one of the two sand dune parcels to be sold and developed (“Breakers Way”). The City of Oxnard has committed to insuring to use public taxpayer dollars to destroy and allow development of the last remaining parcel (“Whitecap”) as soon as possible. For more information, see the August 2007 vote on page 21.

The Commission voted to require a larger marine reserve and conservation protection area, after a failed motion (supported by only three Commission members) would have allowed the establishment of a smaller protected area. The lesser protection had been sponsored by the National Oceanic and Atmospheric Administration (NOAA), for federal waters of the Channel Islands National Marine Sanctuary.

Governor Arnold Schwarzenegger appointed Steve Blank to the Commission in March 2007.

This legislation, authored by Levine (D-Van Nuys) and sponsored by Sierra Club, would have placed limitations on the practice of subdividing and selling coastal hotel rooms as privately owned residential units, or ‘condotels.’ The Commissioners, who support lobbyists and hotel developers wanting to convert overnight visitor accommodations to private residential condos, undertook an unprecedented vote 8-3 to oppose the legislation and refuse to work with the author to even consider amendments to the legislation.

Following the project being denied by the California State Lands Commission, and despite enthusiastic support from the Schwarzenegger Administration, the Coastal Commission voted unanimously to deny a proposal to build a floating industrial Liquid Natural Gas (LNG) terminal off the coast of Southern California that would have been devastating to marine resources, public property, views, climate change and sound energy policy.

Assembly Speaker Fabian Nunez appointed San Diego

In approving a 15,000 sq. ft. mansion, some Commissioners lobbied for a fence - cally blocked public coastal views that even the property owners thought excessive. On a 9-3 vote the Commission rejected the effort to block public views even worse than proposed, while al- lowing the massive home to be constructed.

Regarding one of the most important development proposals in years, the Commission voted 8-4 to deny a plan by PBC - stroy forest habitat containing over 2 dozen rare and endangered plants and animals for new resort rooms, 33 mansions and a golf course.

In a highly unusual - oper and delete language to a Monterey County ordinance requiring that desalination plants be publicly owned, despite the fact that no objection to the statute had been raised or discussed in the Commission’s underlying previous unfortunate decision to approve the plant (see Commission Conservation Voting Chart, December 2006). Only Commissioners supporting - erencing either a no vote initially or an absence.
Rather than require

On a motion to revoke a permit for a string ERUV wherein it was shown that the applicant had not provided accurate information regarding the nature and extent of the religious strings, and their adverse impacts on birds and wildlife, the Commission voted to allow the project to proceed despite the misinformation.

In an about face due primarily to intense lobbying, the Com- mission reversed itself and voted to allow and legitimize extensive illegal 2006. See Commission Conservation Voting Chart, November 2006.

In protecting beach access and access to a scenic bluff top headland, the Com- mission rejected the efforts of the adjacent property owner to amend permits to allow continued denial of public access to the area, at Commissioner Achadjian, during consideration of a larger, comprehensive Local Coastal Plan Amendment, moved to delete a routine condition prohibiting residential use of hotels, saying that in San Simeon Acres - tels due to a lack of housing. Other land in town exists, however, in which such housing could be constructed. Unfortunately the Com- mission voted 7-4 to dilute a priority use under the Coastal Act with the least desirable land use and hotels in San Simeon may now be used for residential housing.

Commission faltered in Oxnard’s long standing ef- fort to destroy all remaining endangered undeveloped sand dune habitat at Oxnard Shores. On a 12-0 vote, the Commission allowed the City to sell off a sand dune that had been given to the City on the condition it be used as a community park. Instead, the City sold it to a developer for $7 million to advance development of more than a dozen luxury beach homes.

On a 6-6 vote, the Commission rejected a proposal by Cambria CSD to construct desalination pumps and pipes infrastructure on San Simeon State Beach. Over the objection of water development advocates, the Commission determined that even though the CSD claimed the desal facility was ‘temporary’ that it could never be allowed to be permanently located on the State Beach, and thus it was illogical to site it there as a test plant program.

The Commission voted to al- low a so-called ‘bunker’ house to be built into a land sliding cliffside, to serve as both a house and a seawall to protect the new house from the inevitable collapse of the hillside and ravages of the adjacent seashore, despite the fact the house, given its dangerous location and need for shoreline armoring, appeared to be explicitly prohibited by the Coast- al Act. Worse, Commissioners supporting the developer disregarded coastal staff recommendations that the house be limited to 2-stories and voted instead for a 3-story home.

On a 9-3 vote, the Commission approved expansion of a house that would allow the destruc- destroyed when the original home was constructed.

On a vote of 10-0, the Commission issued an order to stop ongoing unpermitted development, grading, site clearance, dumping of motorcycles, home appliances, debris and fill near and adjacent to wet- lands and environmentally sensitive habitat areas at 4900 Broadway Avenue in the City of Eureka.

After being feted by lobbyists for six years, the Commissioners voted to violate the Coastal Act by allowing the construction of new houses on top of known, existing, legally established wetlands. They then threw caution to the wind by voting to eliminate buffer setbacks that will result in the elimination of documented rap- tor habitat and white tailed kite foraging open space (a legally protected endangered bird species in California). Due to the legal and historic importance of the Commission’s decision, we have included each of the separate illegal votes as part of this compilation.

Rather than rely on science and well-documented negative impacts to coastal resources, climate change and community security, the Com- - cials who sought to avoid implementing water conservation measures, and approved the largest desalination project ever undertaken in North America. The Commission also broke precedent with all past Com- owned residential desalination plant that will predictably result in

The Commission ap- proved a large home and numerous cottages, studios, outbuildings, and numerous oak and redwood trees, on a ridge dividing Rocky Creek from Palo Colorado Canyon in Big Sur.

Embracing a proposal to construct yet more private luxury residential hotel condominium units at the beach, on land zoned for public visitor overnight accommodations, the Com- mission sided with developers and local politicians and eliminated a much-needed $3 million dollar mitigation fee designed to insure protection of lower-cost visitor hotel rooms in the future.

In seeking to harmonize some 140,000 square feet of uncoordinated, environmentally destructive past development on fragile Terrace Point, the Commission instead approved an LRPD that will permit 600,000 square feet of new development over the next 20 years, insuring the destruction of wetlands, environmentally sensitive resources and raptor foraging open space in favor of an intensely developed urban landscape that will destroy the urban- rural boundary line in north Santa Cruz.

Reversing a 2004 denial of nearly the exact same project, the Commission embraced one of the longest seawalls proposed in California, a coastline and vitiate attempts by past Commission policy to en- courage the use of managed retreat strategies instead of walling off the coastline merely to protect roads.

Marina Del Rey LCP Update, Los Angeles County: In defense of nesting shore birds and wetlands habitat, the Commission voted unanimously to rebuke Los Angeles County and paid lobbyists on their effort to eliminate such protections from the Marina Del Rey Local Coastal Plan update.
(Note that Kinsey is an alternate for Commissioner Reilly, Lowenthal is an alternate for Clark, Gonzales for Hueso, Secord for Kram, and Liberman for Kruer. A vote by an alternate will be indicated “via [alternate name]” as in the case of Reilly above [not below]. All votes of alternates are attributed to the primary commissioner for votes scoring purposes.)

Foothill Transportation Corridor South, San Diego County: In the most important vote of the year, the Commission voted 8-2 to reject a proposal to build a private toll road through San Onofre State Park that would have destroyed a large portion of the park and have had major impacts on wetlands estuary, endangered species, sacred Native American sites, a prized campground, and a world famous surfing environment at Trestles, among other catastrophic impacts.

Pacifica Condos, San Mateo County: In allowing for 10 condos to be built on a single family half-acre ocean front lot regularly flooded by large waves, the Commission joined the City of Pacifica in ignoring the effects of climate change and sea level rise.

Channel Islands Harbor Boating Instruction and Safety Center, Ventura County: Even after a Superior Court decision forbade development on this area close to sensitive bird nests and Environmentally Sensitive Habitat Area (“ESHA”), the Commission agreed with paid lobbyists and Ventura Co. Supervisors in allowing the facility to be located in the exact same place, rather than environmentally preferable locales in the Channel Islands Harbor.

Signal Landmark, Huntington Beach, Orange County: After discovering that the Bolsa Chica wetlands housing developer had illegally constructed ‘entrance monuments’ to impede public access to its new subdivision, the Commission failed to require removal of these intimidating structures.

Pacifica Co., Seacoast Inn, Imperial Beach, San Diego County:
California Coastal Commission Conservation Voting Chart 2008
In allowing a new resort hotel on the beach, the Commission ignored its own established policies and for the first time approved a visitor serving facility where 100% of the rooms will be subdivided and sold off to individual ‘condotel’ owners.

Puffsky, Santa Cruz County: In approving a new nine-house subdivision in the City of Santa Cruz, the Commission allowed the subdivision to be located partially on public park land.

City of Huntington Beach LCP Amendment (Shea Parkside Findings), Orange County: In one of the most surprising moments of the year, the Commission allowed lobbyists for a Bolsa Chica wetlands housing development to ‘re-write’ legal findings for the project (see Vote Chart, November 2007) to further damage established wetlands on the property. This would eliminate the possibility of a successful environmental lawsuit. (Note: only Commissioners who initially voted for the project in November 2007 were entitled to vote on the developers’ sponsored findings in 2008).

So. Cal. Edison, San Diego County: In order to help SCE avoid the purchase of insurance, the Commission voted to allow SCE to haul radioactive nuclear cores up, down and across miles of beach, and across creeks, wetlands and through ESHA, between San Onofre near San Clemente and Camp Pendelton, in San Diego County.

City of Dana Pt. LCP Amendment (Headlands), Orange County: The Commission defended the right to public access in rejecting a proposal to eliminate a public beach access stairway through a luxury subdivision above Strands Beach at Dana Point Headlands. In requiring the project proponent to implement the original plan for the development, the Commission rejected developer’s contention that the previously agreed-upon access was no longer viable after the project had been completed.

City of Malibu LCP Amendment, Los Angeles County:

La Jolla Beach and Tennis Club, San Diego County: In defense of public beach access, the Commission voted to deny a proposal by the City of San Diego and the privately owned La Jolla Beach and Tennis Club to install signage delineating a private beach fronting the club, adjacent to La Jolla Shores public beach.
Here the Commission voted to reduce the required width size of beach front lots at Broad Beach for the Malibu Bay Co. (“MBC”) so that MBC could build four new houses instead of just two, thereby insuring additional profit for MBC and further degrading sensitive beach habitat and wildlife resources.

Key, McCullough & Ames, San Diego County: With no Coastal Act justification whatsoever, the Commission allowed a four-lot subdivision rather than a single home in order to assist the developer in maximizing profits.

Margolis, Malibu, Los Angeles County: In approving a new house in the Malibu Colony adjacent to Surfrider Beach, the Commission allowed for development within 100-ft of ESHA, Malibu State Park wetlands and adjacent to a stand of Monterey Cypress trees rather than consider less environmentally damaging designs

Livoni Second Family LP, Newport Beach, Orange County: In keeping with long standing policy, the Commission denied a proposal for a private beach access stairway in Corona Del Mar, Los Angeles County.

Poseidon Resources LLC Condition Compliance, Carlsbad Greenhouse Gas Reduction Plan, San Diego County: In an effort to assist desalination developer increase profits, the Commission agreed to lessen mitigation for green house gas emissions associated with the high energy use plant. By allowing for illusory conservation credits, the Commission ignored the fact that future draws on state water allocations will not be reduced by this facility.

Poseidon Resources LLC Condition Compliance, Carlsbad Marine Life Mitigation Plan, San Diego County: Despite evidence of massive marine larvae and fish kills associated with operation of the proposed desalination facility, the Commission ignored their own policy designed to end use of ‘once through cooling technology’ and approved the plant with mitigation of only 55.4 acres of new habitat, of which only 37 acres must be delineated in phase one.

Cannery Row Marketplace – Ocean View Plaza, Monterey County: Ignoring past policy, precedent and their staff’s recommen- dation, the Commission approved a small private desalination facility in conjunction with a commercial center despite inconsistencies with the Coastal Act regarding public services, access, visual resources, historical areas, land use and water quality.

Oceanside Lot Line Adjustment – Marina Towers Giveaway, San Diego County: The Commission voted to allow the City of Oceanside to sell public property in the Oceanside Harbor for tens of millions of dollars less than fair market value to enrich condo lessees.

Mendocino Land Trust, Mendocino County:
Commission voted to preserve a public access trail along the bluffs in Gualala by denying an attempt by adjacent landowners to block this access.

Navy Sonar, Southern California Expansion: Despite the refusal of the US Supreme Court to protect marine mammals ( ty-news/navy-sonar-whales-88111302), the Commission voted to continue to require marine mammal protections (see Vote Chart, January 2007) for a new US Navy sonar expansion program in Southern California.

Driftwood Properties LLC, Orange County: The Commission voted to deny a patently frivolous vested rights claim wherein a property owner argued that their past destruction of endangered species and ESHA habitat was so consistent and pervasive that they had acquired a legal right to continue the slaughter.

Long Point Development, LLP, Dispute Resolution, Los Angeles County: In keeping with past policy against privacy gates, the Commission voted on an amending motion to deny a proposal to erect entrance kiosks for new resort at Long Point, Rancho Palos Verdes.

Silva, City of Santa Barbara, Santa Barbara County: In approving a new 6,000 sq. ft. house with a golf putting green, the Commission agreed to a local housing evaluation system that includes no baseline and will insure ‘mansion creep’ and larger homes in the area.

Jager, Del Norte County: Despite LCP policies requiring a 100-ft setback from wetlands, the Commission approved a new house just 39 ft from delineated wetlands and ESHA resources

City of Pacifica Revetment, San Mateo County: Commission approved City of Pacifica plan to continue to place boulders on top of public beach to protect a hotel in denial of climate change, sea level rise or any strategic managed retreat program.

SLO Public Works Dept. –San Simeon Bridges, San Luis Obispo County: Commission approved needlessly large bridge replacement project with adverse riparian and oak woodland habitat impacts. The enlarged bridge will serve only to increase access for private ranches.

Arena Union Elementary School Dist., Mendocino County: Instead of considering less environmentally damaging alternatives, the Commission approved a new elementary school resulting in destruction of redwood forest habitat. Special note: Due to fiscal limitations, the school district has announced the new school will not be constructed and new facilities will be built at the existing Pt. Arena school, proving the district had alternative plans after all.

Lane Field Developers, San Diego County: On a very close vote, the Commission determined that Coastal Act policies and alternatives would have to be considered with respect to large new resort planned for the downtown San Diego waterfront, despite lobbyists efforts to convince the Commissioners to the contrary.

Hearthside Homes/Brightwater, Bolsa Chica, Orange County:
In addressing new information regarding hundreds of Native American remains found while developing luxury houses on Bolsa Chica Mesa in Huntington Beach, the Commission found that revocation of earlier development permits was not appropriate because the developer’s earlier fabrications were binding.

Georgia-Pacific Corp., Fort Bragg, Mendocino County: In declining to approve a polluter’s proposal to bury and cap toxic waste within a public park, the Commission continued the matter to analyze alternatives

Ventura County Channel Islands Harbor Public Works Plan Notice of Impending Development No. 1-08 (Bahia Marina Dock Expansion and Re- placement). Public hearing and action on notice of impending development by Channel Islands Harbor to replace 84 existing slips with 91 new slips in sizes ranging from 38 ft. to 131 ft. and replace associated gangways and abut- ments along west side of harbor at 4200 S. Harbor Boulevard, Oxnard, Ventura County. [APPROVED]
The County proposed boat slip redevelopment without adding a public walkway as required by the certified Public Works Plan. The County exploited a loophole it created years earlier when it split the landside leasehold from the waterside leasehold. Despite a refuted County claim that a public walkway already existed, staff and the Commission majority unfortunately accepted the Coun- ty assertion that this project was waterside only and did not trigger its public walkway obligation.

Appeal No. A-6-PSD-08-4 (Lane Field Developers, San Diego) Appeal by Commissioners Shallenberger & Kruer, Ian Trowbridge & UNITE HERE Local 30 from decision of Port of San Diego granting permit with conditions to Lane Field San Diego Developers, LLC to construct 2 hotels (205 ft.-high & 275 ft.-high) with 800 rooms total, approximately 80,000 sq.ft. of retail uses, restaurants, public spaces and un- derground parking for 1,330 vehicles, and development of an off-site hostel and public shuttle program, at site north of Broadway Street between Pacific Highway and Harbor Drive, Port District, San Diego, San Diego County. [APPROVED WITH CONDITIONS]

The Commission voted unanimously to add special conditions to the permit that would assure mitigation for impacts to coastal access. The conditions included operation of a bayfront shuttle service during the summer to mitigate for loss of public parking, and construction of a hos- tel in the coastal zone to provide low-cost accommodations.

a. Appeal No. A-4-VNT-08-057 (Life- guard Tower and Restroom, County of Ventura) Appeal by Graham and Bella Galliford, Arnie and Sherri Friedman, Chester and Jane Haines, and Bob Jurik from the decision of County of Ventura granting a permit to the Ventura Coun- ty Harbor Department to construct a 1,700 sq. ft., maximum 33-ft. in height, lifeguard tower and public restroom building on Silver Strand Beach, west of the intersection of San Nicolas Avenue and Ocean Drive, County of Ventura. [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]

b. Appeal No. A-4-VNT-08-100 (Life- guard Tower and Restroom, County of Ventura) Appeal by Graham and Bella Galliford, Arnie and Sherri Friedman, and Chester and Jane Haines from the decision of the County of Ventura grant- ing an amendment to a permit allowing the Ventura County Harbor Depart- ment to construct a 1,700 sq. ft., maxi- mum 33-ft. in height, lifeguard tower and public restroom building on Silver Strand Beach, as amended to prohibit construction of future shoreline protec- tive device(s) to protect the proposed structure, located west of the intersec- tion of San Nicolas Avenue and Ocean Drive, County of Ventura. [SUBSTANTIAL ISSUE FOUND, de novo Hearing TO CONTINUE]
Unanimous finding of substantial issue regarding a lifeguard tower at Channel Islands Harbor. The hearing was continued from September 2008 when the Commis- sion gave explicit guidance to the County on issues to be addressed. The County gave incomplete and evasive answers on the issues of armoring, flood zone location and loss of public views.

F9a – e Laguna Beach Lifeguard towers (multiple towers – one appeal) a – e. Appeal Nos. A-5-LGB-08-47 – 51 (City of Laguna Beach Dept of Marine Safe- ty, Laguna Beach) De Novo Portion of Appeal by Sandra Siani from decision of City of Laguna Beach granting per- mit with conditions to replace tempo- rary, seasonal lifeguard tower on sandy beach with a permanent lifeguard tower supported on 36-in. caisson, at Picnic Beach (Myrtle Street), Bird Rock Beach, Sleepy Hollow Beach, Thalia Street Beach, Oak Street Beach Laguna Beach, Orange County. [APPROVED WITH MODIFICATIONS]
The Commission voted unanimously to approve temporary, seasonal lifeguard towers on several sensitive beaches in the city of Laguna Beach versus approving the coastal resource-harming and destructive permanent towers the city manager and marine safety department were proposing.

Application No. 6-08-62 (Blackburn, Solana Beach) Application of Ron Blackburn to construct 369 sq. ft. addition to 1,414 sq. ft. single-story home on 3,750 sq. ft. blufftop lot, at 205 Pacific Avenue, Solana Beach, San Diego County. [DENIED]
The Commission voted unanimously to deny a permit for an addition to an exist- ing home that would have required driving casings deep into the unstable bluffs on a high risk site. Allowing an addition to a structure that is already at risk would have violated Coastal Act policies.

Application No. E-08-020 (West Basin Municipal Water District, Los An- geles Co.) Application of West Basin Municipal Water District to construct and operate test desalination facility, including pipes, screens, and pumps within an existing power plant intake structure and test facility adjacent to Redondo Beach Generating Station, all within an area of Commission’s re- tained jurisdiction in Redondo Beach, Los Angeles County.
Despite the known impacts to coastal re- sources created by desalination facilities, the Commission approved yet another “test” facility that could ultimately result in a permanent facility.

Appeal No. A-4-OXN-07-096 (Southern California Edison, Oxnard) Appeal by Southern California Edison from deci- sion of City of Oxnard denying permit to construct and operate a 45 megawatt “peaker” power plant, at 251 N. Harbor Blvd., Oxnard, Ventura County.
At a Coastal Commission regular meeting specially located in Oxnard to accommo- date concerns of the low-income popula- tion affected by the project, the Commission approved de novo an appeal of a local decision by City of Oxnard to not approve the first electric power plant in the Coastal Zone in decades. The substantial issue approval of this appeal was in Septem- ber 2007 on the grounds that language in the Oxnard LCP was inadequate to deny Southern California Edison a CDP to con- struct the new peaker power plant adjacent to an existing Reliant Energy power plant at Mandalay Beach. The Commission was advised by staff that the Coastal Act was not subject to consideration of Environmental Justice (EJ) issues and could not base its ruling on EJ policy that must be considered by other State and Federal agencies in their deliberations.

Permit No. 6-09-016 EDD (Moss, Carls- bad) Public hearing on dispute over proposed retaining walls and grading to take place seaward of the identified bluff edge inconsistent with Special Condition #1 associated with project to demolish 2,100 sq. ft. home and con- struct 6,755 sq. ft. home including 2,366 sq. ft. basement, infinity edge swim- ming pool, spa and patio on a 13,650 sq. ft. blufftop lot, at 5015 Tierra del Oro, Carlsbad, San Diego County. [DENIED]
The Commission denied this dispute reso- lution that would have allowed the applicant the ability to grade a coastal bluff for the construction of extravagant accessory improvements seaward of the established bluff edge.

Appeal No. A-3-SLO-08-018 (State Parks ODSVRA, San Luis Obispo Co.) Appeal by Christie Camphorst, Kelly Devaney, and Nell Langford of San Luis Obispo County decision granting permit with conditions to the Califor- nia Dept. of Parks and Recreation for replacement of 1 existing restroom building and install 5 new restroom buildings within the Oceano Dunes State Vehicular Recreation Area (ODS- VRA) in the Oceano area of San Luis Obispo County.
This tie vote that went against staff recom- mendation did allow for substantial issue to be found on this contentious issue that would have represented piecemeal devel- opment with impacts to coastal resources. This issue was dubbed by several Com- missioners as a “giant grab” of Coastal Commission jurisdiction.

City of Santa Barbara LCP Amendment No. MAJ-3-08 (Coast Village Road – Olive Mill Road Rezone). Public hear- ing and action on City of Santa Barbara request to amend its LCP Implementa- tion Plan by amending the Zoning Or- dinance and map to change the zoning of one lot from Two-Family Residential and Coastal Overlay Zone (R-2/S-D-3) to General Commerce and Coastal Overlay Zone (C-1/S-D-3) locat- ed at 1298 Coast Village Road, City of Santa Barbara, Santa Barbara County. [APPROVED]
Commission majority approved this re- zoning to allow for a project that was much too large and intensive for the area and would set a precedent for the entire area. Concerns included impacts on views due to height increase and bulk and lack of setbacks.

Application No. 4-08-006 (Santa Barba- ra County, Goleta Beach) Application of Santa Barbara County to construct 500 ft. long, 20 ft. wide, permeable pile sand retention system and addition to Goleta Beach Pier consisting of 250 -– 330 timber or composite fiberglass piles (18” – 20” in diameter) and timber decking; seasonal installation of ap- proximately 1,200 ft. long, 3-5 ft. high winter sand berm for 5 years; remove approximately 1,500 linear ft. of rock rip rap at upcoast end of park; repair approximately 650 linear ft. of revetment at downcoast end of park, dredge approximately 500,000 cu. yds. of sand material from offshore location and place dredged material on beach imme- diately upcoast of pier for initial beach nourishment; and implement Adaptive Management and Monitoring Program involving periodic adjustments to per- meable pile sand retention system and offshore dredging/beach nourishment on as-needed basis not to exceed 100,000 cu.yds. of material/year, at 5986 Sand- spit Road, Santa Barbara County. [DENIED]
Commission overturned its staff’s recommendation and denied Santa Barbara County’s proposed groin project at Goleta Beach. The groin project would have trapped sand at Goleta Beach, but in doing so would have prevented sand from reaching beaches to the east of Goleta causing erosion and damage to beach habitats.

Application No. 4-06-163 (Malibu Valley Farms, Inc., Santa Monica Mountains, Los Angeles Co.) Malibu Valley Farms, Inc. granted permit with conditions for after-the-fact approval of equestrian facility used for horse breeding, raising, training, stabling, exercising, board- ing and rehabilitation, including as- built riding arenas, fencing, dirt access road with 2 at-grade crossings through Stokes Creek, corrals, paddock, mare motel, shelters, covered pipe barns, tack rooms, barn, manure storage areas, and parking lot. The project also includes addition of vegetative swales, bioreten- tion basin with riprap pad, and 0.5-ac. riparian restoration, and removal of various pipe and covered corrals, cross- tie areas, storage containers, and tack rooms, located at 2200 Stokes Canyon Road, Santa Monica Mountains, Los Angeles County. [APPROVED]
This contentious enforcement issue turned “after-the-fact” permitting issue, was a major environmental disappointment on multiple fronts that concluded with the approval of an illegal horse ranch. Following a legal victory invalidating prior approval, Commission staff was directed to pursue revised findings rather than a public hearing.

Commission Cease & Desist Order No. CCC-09-CD-01 (Ackerberg, Malibu, Los Angeles Co.) Public hearing and Commission action on proposed Cease and Desist Order directing Lisette Ackerberg, trustee of the Ackerberg Trust and owner of property to: 1) cease from engaging in further unpermitted devel- opment activities, including maintain- ing existing unpermitted development; 2) remove unpermitted development consisting of rock rip-rap, a wall, con- crete slab and generator, fence, railing, planter, and landscaping from areas covered by lateral and vertical public access easements on the property; and 3) comply with conditions of existing permits and vertical and lateral pub- lic access easements, which provide for unobstructed public access over areas of the property covered by those ease- ments, located at 22500 and 22466 Pa- cific Coast Highway, Malibu, Los Ange- les County. [APPROVED]

Notice of Violation No. CCC-09-NOV-01 (Ackerberg, Malibu, Los Angeles Co.) Public hearing and Commission action identifying unpermitted development by Lisette Ackerberg, trustee of the Ackerberg Trust and property owner, on property located at 22500 and 22466 Pacific Coast Highway, Malibu, Los An- geles County. [APPROVED]
The Commission voted unanimously to issue a Cease and Desist Order based on multiple Coastal Act violations that included unpermitted development and violations of two CDPs which required vertical and lateral public access ease- ments to mitigate loss of coastal access and visual resources. Ackerberg sued the CCC following the hearing and the lawsuit is still in process.

City of Redondo Beach RDB-MAJ-2-08 (Area 2 Certification). Public hearing and action on request by the City of Redondo Beach to amend its certified Land Use Plan and Implementation Plan in order to certify the remaining uncertified area (Area 2) of the Redondo Beach Coastal Zone. Area 2 consists of the power generating plant area located west of Catalina Ave, and the harbor and pier areas of the City. The City also requests the elimination of the current geographic segmentation of the Coastal Zone in conjunction with these amend- ments. The City proposes to remove the various, and conflicting development standards that exist for Area 2 between the certified LUP, Harbor/Civic Center Specific Plan and the existing zoning regulations. The amendment request includes a development cap of 400,000 square feet of floor area for new devel- opment within the entire Harbor/Pier area, changes the zoning designations for the Harbor/Pier area from Water- front to Coastal Commercial 1 - Coastal Commercial 5 with specific develop- ment standards for each of the new zones and addresses specific require- ments for limited use overnight visitor accommodations.
With the exception of one Commissioner, the Commission approved this develop- ment in the downtown/pier area “Heart of the City” without compliance with Mea- sure DD, which amended City Charter Section XVII to require a public vote for all major allowable land use changes.

Application No. 4-09-13 (Mariposa Land Company, City of Malibu) Application of Mariposa Land Company for permanent placement of rock rip- rap revetment along approximately 500-ft. section of the west bank of lower Malibu Creek, in follow-up to Emer- gency Coastal Development Permit No. 4-98-024-G. The proposed project also includes revegetation of the revetment site, at 3728 Cross Creek Road, City of Malibu, Los Angeles County. [APPROVED WITH CONDITIONS]
Applicant asked for permanent placement of the 10-year old “emergency” seawall, which stood as an un-engineered 500- foot long rock revetment on lower Malibu creek that greatly impaired water quality, and also failed to protect ESHA, endan- gered steelhead trout, tidewater goby and critical bird habitat in Malibu Lagoon and Surfrider Beach. The Commission sup- ported staff recommendation for a new wall with vegetation. In a 7 – 1 vote, the Commission approved an environmentally inferior solution to this longstanding prob- lem despite lengthy testimony from Heal the Bay, Surfrider Foundation and Sierra Club Coastal Programs who requested full support of a bio-engineered soft solution to improve the greatly impaired water quality and protect habitat.

Application No. 5-09-106 (Richard J. Livoni Second Family Limited Partner- ship, Newport Beach) Application of Richard J. Livoni Second Family Lim- ited Partnership to remove unpermitted retaining walls and beach access stair- way from bluff face, regrade lower bluff to natural contours, extend lower deck, add new caisson-supported deck with enclosed bathroom and spa equipment room, and construct new at grade path- way from new deck to beach. Grad- ing will consist of 163 cu.yds. of cut, 10 cu.yds. of fill, and 153 cu.yds. of export to location outside of Coastal Zone. Native landscaping is also proposed, at 3335 Ocean Blvd., Newport Beach, Orange County.
Unanimous vote to approve the continued destruction of the Newport Beach coastal bluffs. Before his untimely death in November, Dr. Jan Vandersloot battled often alone to try and save the last remaining coastal bluffs of Newport Beach.

October ( No conservation agenda items for September ) AGENDA ITEM W12c
CC-056-09 (City of San Diego Second- ary Treatment Waiver, San Diego) Re- submitted Consistency Certification by City of San Diego for secondary treat- ment waiver (i.e., Environmental Pro- tection Agency (EPA) Reissuance, under Section 301(h) of the Clean Water Act, of a modified National Pollutant Discharge Elimination System (NPDES) Permit) for Point Loma Wastewater Treatment Plant Discharges offshore of San Diego, San Diego County. [APPROVED]
After a vote by the Commission in August of 2009 to deny a Consistency Certifica- tion for one of the nation’s last and largest waiver-holders, the issue was brought back for reconsideration just two months later. This issue split the environmental com- munity, with the San Diego environmental community supporting a consistency find- ing after reaching a cooperative agreement with the City to undertake studies aimed at reclaiming wastewater as a way to re- duce or even eliminate sewage discharges to the ocean, while many state and national organizations without local chapters stood opposed based on environmental impacts from the discharge and the problematic precedent another waiver would provide. The goal of reclaiming wastewater, rather than just improving treatment standards, is laudable. However, the swiftness of this re-hearing sent the message to the regu- lated community that if at first you don’t succeed, just try again; it also may have re- duced pressure on the City to find real so- lutions to its sewage problem that a denial would have provided. The certification was approved, even in the face of hours of compelling testimony and thoughtful environmental comments from multiple Commissioners.
Permit No. A-3-CAP-99-023-A1 (Swan and Green Valley Corporation, Capi- tola). Request by Richard and Nancy Swan and the Green Valley Corporation to amend permit to eliminate the exist- ing condition prohibiting future shore- line armoring (that applies to the Green Valley Corporation property) and to construct approximately 115-ft. section of contoured concrete seawall fronting that Green Valley Corporation property and adjacent to existing seawall on adjacent property (on Swan property) on beach and bluffs fronting 4840 and 4850 Cliff Drive in Capitola, Santa Cruz County.
The Commission approved the temporary fill of the sea cave on the Swan property, which required a CDP amendment for the Green Valley Corp. property to allow the “one time” fill, with the condition that the owners of the Swan property must come back in six months with a long-term plan to realign the bluff and eliminate the need for the sea cave fill on the Green Valley property in the long-term. So, although the Commission did allow for a CDP amend- ment to facilitate temporary one-time ar- moring to extend onto the property, the CDP prohibition on future armoring is still intact and no armoring will exist on the Green Valley Corp. property in the long- term. At the hearing, the Commission did signal that it would not be amenable to do these CDP amendments in the future.

Permit No. 4-99-276-A3 (Santa Monica- Malibu Unified School District, Malibu) Request by Santa Monica-Malibu Uni- fied School District to amend permit to eliminate Special Condition No. 6 (Athletic Field Lighting Restriction) to allow operation of temporary light stan- dards on football field for maximum of 16 nights per football season (Septem- ber-December) at Malibu High School, 30215 Morning View Drive, Malibu, Los Angeles County. [DENIED]
An embarrassing day for the City of Malibu and its school district as pro- ponents of the high school lighting attempted to argue natural resources value with Commissioner and Malibu resident, Sara Wan. The City of Malibu continues to amend its LCP in order to accommodate this lighting well into 2010.

Commission Cease and Desist Order Consent Amendment No. CCC-09-CD- 03-A and Restoration Order Consent Amendment No. CCC-09-RO-02-A (Mills PCH, LLC – Huntington Beach, Orange County). Public hearing and Commission action on proposed consent amendments to previously issued Cease and Desist Order and Restoration Or- ders, to supplement existing Orders to address Commission monetary claims (provisions of the original orders re- main in place); directed to Mills PCH, LLC; property located at 21622 Pacific Coast Highway, Huntington Beach, Or- ange County Assessor’s Parcel No. 114- 150-86.
Commission staff recommends settle- ment without removal of all the fill and a payment of $125,000 fine. Commis- sioner Kruer opined that this puny fine is nothing and doesn’t send the right mes- sage to developers. Most of the Commis- sioners agreed with this messaging point and Commissioner Kruer asks how the $125,000 was chosen since there should be a quantitative method for assessing penalties. Commissioner Wan asks about process to alter or modify Consent Order and Commission Counsel advises they can deny, ask applicant on record to increase the penalty or take a break and have staff negotiate with applicant. Following the break, applicant’s agent agreed to remove remainder of gravel, but project principal cannot be reached due to overseas travel. Applicant’s agent agreed to a one-day de- lay so that he may negotiate higher penal- ty. The following day the fine was doubled to $250,000. A precedent-setting penalty that changed all the ground rules for en- forcement action.

Appeal No. A-1-MEN-07-28 (Jackson- Grube Family, Inc., Mendocino Co.) Appeal by (1) Molly Warner & Britt Bailey, (2) Commissioners Kruer & Wan, (3) Mendocino Group Sierra Club, Friends of the Ten Mile, (4) Mar- gery S. Cahn Trust & Whiting Fam- ily Revocable Trust from decision of County of Mendocino granting permit with conditions to Jackson-Grube Family, Inc. to build a 7-unit inn in 2 phases. Roads and underground utilities are also proposed, located at 31502 North Highway One, Fort Bragg, Mendocino County. [DENIED]
Staff recommended approval of the project with conditions that would allow the ap- plicant to increase the intensity of use of a highly scenic area and build an inn that did not strictly comply with local zoning for Inns and Bed & Breakfasts. Appellants sought a smaller development with a lower intensity of use. The Commission denied the project, and then denied reconsidera- tion at a subsequent public hearing. Jack- son-Grube then sued the Commission. The Commission reported at its public hearing on May 12, 2010 that a settlement had been reached. The terms of the settlement were not revealed at that hearing.

Application No. 4-08-022 (Elliott, Los Angeles Co.) Application of Tom Elliott to construct 2-story, 28-ft. high, 4,413 sq.ft. single-family home with 1,129 sq.ft. attached garage, swimming pool, septic system, 300-ft. long driveway with hammerhead turnaround, retain- ing walls, perimeter fencing, and 2,560 cu.yds. of grading (1,293 cu.yds. cut, 1,267 cu.yds. fill) at 1522 Decker Can- yon Road, Santa Monica Mountains, Los Angeles County. [DENIED]
The precedent surrounding this item is a neighboring planned structure could re- quire adjacent landowners to clear ESHA to meet fire safety standards. ESHA impacts were avoidable by re-siting the house, but the applicant refused. Com- mission action ensures avoidable impacts to ESHA are prevented on adjacent property of a project/development that requires ESHA removal on neighboring property because of siting issues in applicant’s project. The Commission determined there were siting alternatives on subject property that would not require neighbor to remove ESHA and compromise habitat values to meet the siting decisions of their adjacent owner.

Revocation Request No. R-E-06-013 (Poseidon Resources, Carlsbad) Re- quest by Surfrider Foundation, San Diego Coastkeeper, and Coastal En- vironmental Rights Foundation to re- voke permit E-06-013 granted to Posei- don Resources to construct and operate a 50 million gallon per day seawater de- salination facility at site of Encina Power Plant, adjacent to Agua Hedionda Lagoon, in City of Carlsbad, San Diego County. [DENIED]
The Poseidon-Carlsbad ocean desalination Coastal Development Permit (CDP) had numerous conditions, including a Marine Life Mitigation Plan to compensate for marine life mortality associated with the desalination facility’s seawater intake. It was discovered during the review of their intake permit application before the Regional Water Quality Control Board the Applicant had intentionally provided inaccurate information that resulted in an under-estimate of marine life mortality. Consequently the Coastal Commission had previously approved an inadequate
Marine Life Mitigation Plan. The Revocation Request cited evidence that the Applicant had intentionally supplied this inaccurate information and had the Applicant supplied accurate information it would have resulted in a different condition in the CDP. One of the more experienced Commissioners claimed that she had never seen a more clear case for revocation of a permit. Nonetheless, the Commission denied the revocation request based on their conclusion that the environmental groups failed to fully prove the Applicant “intentionally” misled the Commission.

San Mateo County LCP Amendment No. SMC-MAJ-1-07 (Midcoast Update). Public hearing and action on request by San Mateo County to update its land use plan (LUP) and implementation plan (IP) for the urban Midcoast area (El Granada, Miramar, Moss Beach, Montara, Princeton-by-the-Sea). [APPROVED WITH MODIFICATIONS] b. San Mateo County LCP Amendment No. SMC-MAJ-1-04-A (Midcoast De- sign Standards). Public hearing and ac- tion on request by County of San Mateo to amend the LUP and IP to establish new design standards for single-family and duplex development in the urban Midcoast (El Granada, Miramar, Moss Beach and Montara).
The urban Midcoast area of San Mateo County is comprised of the unincorporat- ed communities of El Granada, Princeton, Miramar, Moss Beach, and Montara, and is located just north of Half Moon Bay. Cumulative impacts of new development in both Half Moon Bay and the urban Mid- coast communities have raised significant issues of adequacy of the infrastructure (roads, sewer, water,) to serve buildout without adversely impacting coastal re- sources and affecting public access to and along the shore. After a 10-year process, the LCP Update was certified by the Com- mission with 72 Suggested Modifications, over the County objections to several es- sential modifications, including: limiting the annual rate of growth, prohibition of new private wells in areas served by public water systems, traffic/transportation miti- gation and phasing of expansion of roads and water supply.

Application No. A-3-SNC-98-114 (SNG Development Co., Monterey Co.) Application of SNG Development Co. (on re- mand from court decision) to construct approximately 360,000 sq.ft. mixed-use residential and visitor serving develop- ment (Monterey Bay Shores Resort) re- quiring 695,000 cu.yds. of grading (and 418,000 cu.yds. of sand disposal) in sand dunes seaward of Highway One, Sand City, Monterey County. [DENIED]
The Monterey Bay Shores Resort is a mixed use development proposed to be located in Seaside on the west side of Highway 1 in the sand dunes. The project was resurrected from the late 1990s. In its former life, it was a 495 unit hotel/ condo/residential development. It was de- nied by the Coastal Commission in 2000, and subsequently a lawsuit was filed that argued the Commission could not base its decision on the presence of ESHA, as the Sand City LCP did not identify the area as ESHA (even though the area is ESHA). Unfortunately, the applicant won that suit and the court ordered the Commis- sion to re-hear the application. The newly proposed project consisted of 341 hotel/ condo/residential units and was to be built “into the dunes.” Even with the downsiz- ing, this resort would have been one of the largest resorts ever built in the Cali- fornia Coastal Zone and would be located directly atop of some of the rarest, most environmentally sensitive coastal sand dunes left in the world. Furthermore, the project lacked adequate water supply, did not avoid or minimize coastal hazards over its lifetime, would have blocked and oth- erwise impaired significant public views, would not have protected dune landforms and natural resources, did not maximize public access and would have exacerbated Highway 1 traffic problems.

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