A-5-LGB-14-0034 The Ranch at Laguna Beach CCC Hearing January 8, 2015 Item Th11a

Public Access No public access currently available through site due to site constraints, including steep topography and golf ball hazard Legal constraints -- No Ranch access through the inland locked gate -- No change proposed to existing public golf course -- No “nexus” between improvements proposed and public access through site to justify access dedication (Nollan v. CCC) -- No “rough proportionality” (Dolan v. City of Tigard)

Public Access--Applicant’s Proposal OTD of floating easement for future hiking/biking trail along north (upcoast) side of property outside the golf ball hazard zone Provision of access through golf course (north hotel/SOCWA gate to hotel western boundary) for third party operation of temporary shuttle program to safely transport hikers and mountain bikers - Applicant to oversee Shuttle Management Plan - Separate operator as public entity or non-profit - Terminates with opening of north-side hiking trail

Public Access Opportunities Shuttle Route Trail OTD

Public Access Opportunities

OTD for Floating Trail Easement Special Condition 5.B Delete co-applicant requirement for future trail application Modify language regarding termination of temporary shuttle program only if trail provides “substantially equivalent” level of user difficulty and destination Shuttle and mountain bike/hiking trail are completely different user experiences Add language – temporary shuttle terminates if hiking/biking trail provides route through Aliso Canyon which facilitates access to beach

Temporary Shuttle Access Program Special Condition 3.A and C Delete language requiring applicant to fund shuttle operation and purchase of shuttle vehicle Applicant willing to provide seed money for purchase of vehicle Applicant to work with public entity or non-profit acceptable to the Executive Director to operate the shuttle system

Lower Cost Visitor and Recreational Facilities – In Lieu Fee Original staff report would have required applicant to pay in-lieu fee or fund and operate the shuttle access program Addendum requires applicant to pay in-lieu fee and fund and operate shuttle Applicant worked hard to find creative solution to access issues Reject addendum change

Mitigation for Lower Cost Visitor or Recreational Facilities Special Condition 2.A Calculating mitigation under Commission decisions: Where existing lower cost hotel units are lost, mitigation at a 1:1 ratio For new high cost overnight accommodations with no low cost alternative on-site, a mitigation fee of 25% of the number of new high cost rooms x $33,970 Credit for non-overnight public access and recreational amenities that ensure visitors can nonetheless access the facility for recreational activities during the day.

Section 30213 Coastal Act Section 30213: “Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided.” There is no “less affordable high cost” standard

Calculation of the In-lieu Fee Special Condition 1.B 25% x 33 new high cost rooms x $33,970 = $280,252 Additional credit for applicant’s proposals?: Provision of on-site low cost or no cost youth overnight camping at Scout Camp Applicant’s payment of $50,000 towards purchase of shuttle vehicle Applicant’s volunteered trail OTD and temporary shuttle access program – despite no legal requirement to do so Applicant’s total in-lieu fee: $280,252 - credit = $163,252 Apply also to open space acquisition, trail construction and maintenance in immediate area

Scout Camp Uses Special Conditions 11, 12 and 12.C, E and G Change 100-person event limit to 150 persons (Cond. 12.C) Eliminate prohibition on amplification because noise will be controlled by 65 db limit (Cond. 12.G) Change 100-foot creek buffer to 25 feet from top of bank, consistent with Policy 9c of the Open Space and Conservation Element of the City’s certified LCP, with post and cable fencing and signage (Cond. 12.E) Increasing overnight youth camping from 12 to not more than 40 kids and adult chaperones, using entire concrete pad, camping management plan approved by Executive Director

Scout Camp Uses

Indemnity Condition Not a permissible condition under the Coastal Act Applicant requests deletion for equitable reasons Not required by Coastal Act Third-party appeal, not a Commissioner appeal Provides high-priority visitor-serving use and volunteers access when not legally required to

Conclusion Applicant requests approval with revisions to special conditions as specified in applicant’s correspondence dated December 31, 2014 and handout distributed again today. Thank you