California Coastal Commission June 11, 2014 Huntington Beach 16e A-3-SLO Tracks Realty Trust 17a A-3-SLO Thomas Kellaway Los Osos Map Source: Kellaway HCP 1

GENERAL SITE AREA Source: Bing Maps Project Site 2

DEVELOPMENT SITES A-3-SLO San Leandro Court SFD Development 0.45-acre parcel 5,000 sq. ft. single-family residence with attached garage, and other related residential development A-3-SLO Sea Horse Lane SFD Development 5.08-acre parcel 12,400 sq. ft. single-family residence with attached garage, and other related residential development Map Source: Bing Maps 3

CDP PROCEDURAL HISTORY July 2011: San Luis Obispo County Approves Sea Horse Lane Development July, County Approves Sea Horse Lane August, Sea Horse Lane Appealed September, Commission Found Substantial Issue 2012 March, Applicant Conveys San Leandro Court Parcel to ‘7 Tracks Realty Trust’ January, Applicant Provides CCC-Required Information March, County Approves San Leandro Court April, San Leandro Court Appealed

CDP PROCEDURAL HISTORY 2011 July, County Approves Sea Horse Lane August, Sea Horse Lane Appealed September, Commission Found Substantial Issue 2012 March, Applicant Conveys San Leandro Court Parcel to ‘7 Tracks Realty Trust’ January, Applicant Provides CCC-Required Information March, County Approves San Leandro Court April, San Leandro Court Appealed August 2011: Sea Horse Lane Development Appealed 5

CDP PROCEDURAL HISTORY 2011 July, County Approves Sea Horse Lane August, Sea Horse Lane Appealed September, Commission Found Substantial Issue 2012 March, Applicant Conveys San Leandro Court Parcel to ‘7 Tracks Realty Trust’ January, Applicant Provides CCC-Required Information March, County Approves San Leandro Court April, San Leandro Court Appealed September 2011: CCC Finds Appeal of the Sea Horse Lane Development Raises a ‘Substantial Issue’ 6

CDP PROCEDURAL HISTORY March 2012: Applicant Conveys San Leandro Court Parcel to 7 Tracks Realty Trust July, County Approves Sea Horse Lane August, Sea Horse Lane Appealed September, Commission Found Substantial Issue 2012 March, Applicant Conveys San Leandro Court Parcel to ‘7 Tracks Realty Trust’ January, Applicant Provides CCC-Required Information March, County Approves San Leandro Court April, San Leandro Court Appealed

CDP PROCEDURAL HISTORY 2011 July, County Approves Sea Horse Lane August, Sea Horse Lane Appealed September, Commission Found Substantial Issue 2012 March, Applicant Conveys San Leandro Court Parcel to ‘7 Tracks Realty Trust’ January, Applicant Provides CCC-Required Information March, County Approves San Leandro Court April, San Leandro Court Appealed January 2014: Applicant Provides CCC-Required Takings Information for the Sea Horse Lane Development 8

CDP PROCEDURAL HISTORY March 2014: County Approves San Leandro Court Development July, County Approves Sea Horse Lane August, Sea Horse Lane Appealed September, Commission Found Substantial Issue 2012 March, Applicant Conveys San Leandro Court Parcel to ‘7 Tracks Realty Trust’ January, Applicant Provides CCC-Required Information March, County Approves San Leandro Court April, San Leandro Court Appealed

CDP PROCEDURAL HISTORY 2011 July, County Approves Sea Horse Lane August, Sea Horse Lane appealed September, Commission Found Substantial Issue 2012 March, Applicant Conveys San Leandro Court Parcel to ‘7 Tracks Realty Trust’ January, Applicant Provides CCC-Required Information March, County Approves San Leandro Court April, San Leandro Court Appealed April 2014: San Leandro Court Development Appealed 10

OVERVIEW OF RECOMMENDED COMMISSION ACTIONS 1.Substantial Issue for San Leandro Court Development STAFF RECOMMENDS SUBSTANTIAL ISSUE EXISTS 2.If SI Found, CDP Determination for San Leandro Court Development STAFF RECOMMENDS APPROVAL WITH CONDITIONS 3.CDP determination for Sea Horse Lane Development STAFF RECOMMENDS DENIAL 11

SUBSTANTIAL ISSUE DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT APPEAL GROUNDS: County’s Approval of a Residential Use Within an Environmentally Sensitive Habitat Area (ESHA) Raises a Substantial Issue. [CZLUO § (e); ESHA Policy 1; ESHA Policy 29] ANALYSIS: LCP Limits Uses Within an ESHA to Resource- Dependent Uses; County Approved a Residential Use (a Non-Resource-Dependent Use) Within an ESHA; Therefore, the County’s Approval Is Inconsistent with the LCP. 12

13 AFFECTS DECISION-MAKING FOR THE SEA HORSE LANE DEVELOPMENT SUBSTANTIAL ISSUE DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT

Photo: Morro Group; 10/27/04 Looking East from San Leandro Court Towards the Sea Horse Lane Development Area Looking West from the San Leandro Court-Sea Horse Lane Property Boundary Line 14 CDP DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT

1.LCP Requires New Development To Be Appropriately Set Back From ESHA [CZLUO § (a)] 2.Commission Staff Biologist Recommends A 100-Foot Buffer From ESHA 15 CDP DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT

Photo Source: Kellaway Habitat Conservation Plan, 2010 (Morro Group Survey, 2008) 16 CDP DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT

View West From Sea Horse Lane, March CDP DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT

Photo Source: Kellaway Habitat Conservation Plan, 2010 (Morro Group Survey, 2008) 18 CDP DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT

Sources: On Left: Kellaway Habitat Conservation Plan, 2010 ‘not to scale’(Morro Group Inc. Survey) Above: San Luis Obispo County Planning Department 19 CDP DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT

20 CDP DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT 100-foot ESHA Buffer Occupies Most of San Leandro Court Parcel

21 CDP DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT

1.Least Amount of Development Necessary to Avoid a Takings 2.Avoid ESHA Impacts to the Maximum Extent Feasible; If Unavoidable, Then Limit Impacts to the Maximum Extent Feasible 3.Fully Mitigate All Impacts CZLUO § (e)(2) 22 CDP DETERMINATION FOR SAN LEANDRO COURT DEVELOPMENT

Approximately 577 presently-vacant parcels located inside of the Los Osos Urban Services Line (USL) with water supply priority Sea Horse Lane Parcel 23 CDP DETERMINATION FOR SEA HORSE LANE DEVELOPMENT Source: San Luis Obispo County Planning and Development Department.

SUMMARY OF RECOMMENDED COMMISSION ACTIONS Source: Bing Maps 24 Project Site 1. SUBSTANTIAL ISSUE EXISTS for the San Leandro Court Development 2. APPROVAL WITH CONDITIONS for the San Leandro Court Development 3. DENIAL of the Sea Horse Lane Development