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COASTAL DEVELOPMENT PERMITAMENDMENT APPLICATION

CDP 4-99-276

MALIBU HIGH SCHOOLFOOTBALL LIGHTING

July 2009

Board of Education Meeting MINUTES: July 1, 2009

TO: BOARD OF EDUCATION ACTION/MAJOR 07/01/09

FROM: TIM CUNEO / JANECE L. MAEZ / STUART SAM Previously 06/25/09

RE: ADOPT RESOLUTION 08-49 – FINDINGS AND ADOPTION OF MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVAL OF THE MALIBU HIGH SCHOOL FOOTBALL LIGHTING PROJECT

RECOMMENDATION NO. A.01

It is recommended that the Board of Education (“Board”) adopt Resolution 08-49 to find that the mitigated Malibu High School Football Lighting Project (“Project”) will not have a significant effect on the environment, adopt the Proposed Project Mitigated Negative Declaration (“MND”), adopt the Mitigation Monitoring and Reporting Program (“MMRP”), and approve the Project. DISCUSSION: In 2000, the athletic field for the Malibu High School was constructed by the Santa Monica-Malibu Unified School District (“District”) as part of the Proposition X bond program. The athletic field has been used ever since for football, soccer, band practice, and other activities as part of the school’s educational program. In 2003, Malibu High School began its first use of temporary night lights for evening football games starting with the homecoming game. The school has continued using temporary night lights for each football season thereafter. Although District staff did receive questions and concerns about the night lighting, no formal complaint has ever been made to the District until September 2008. The City of Malibu and the Coastal Commission have not directed the District to cease the use of night lighting. In 2008, during the formulation of the Measure BB Malibu Middle and High School Campus Improvements Project (“Measure BB Project”), it was discovered that an existing Coastal Development Permit that was issued by the California Coastal Commission for the Proposition X bond project at Malibu High School in 2000 contained a restriction that prohibited the use of night lights on the athletic field, whether permanent or temporary. The permit’s lighting restriction was to be memorialized in a separate agreement between the District and the California Coastal Commission. Unfortunately, neither the District nor the California Coastal Commission can locate the agreement, which may not have been ultimately executed. The District acknowledged that it violated the permit’s lighting restriction in the Notice of Preparation/Initial Study that was released for public comment on the Measure BB Project. To remedy the violation and permit the continuance of evening football practices and games, the District developed this Project to obtain an amendment to the Coastal Development Permit for the Malibu High School. The Project would provide night lighting for the 16-night practices and games totaling no more than 62 hours annually. Five portable light standards, 53-feet high, and having six lights each on top would be positioned around the athletic field, as has been done for the past six years. In addition, visors will be included on the lights to reduce glare, spill light, and sky glow. After the football season ends, the lights would be removed until the next football season. No other lighted evening sporting event would be allowed on the athletic field. The District engaged CAA Planning (“CAA”) to conduct an environmental review of the Project under the California Environmental Quality Act (“CEQA”). CAA determined that the Project could potentially cause significant environmental impacts, but with implementation of certain mitigation measures there would be no resultant significant environmental impacts. As a result, CAA prepared an MND that discloses the Project, analyzes the potential environmental impacts, and includes mitigation measures to reduce those significant environmental impacts to less than significant.


On May 8, 2009, the District released the Project MND for public review and comment. The comment period ended June 10, 2009, 33 days later. In all, 18 written comment letters and a petition signed by 268 members of the public in support of the Project were received. CAA prepared responses to the comments and an Errata to the MND (“Errata”) that are included together with the comments in CAA’s letter, which is available for review at the District’s Main Office and on the District’s website. Most comments focused on the claims that the Project would cause significant impacts on aesthetics and biological resources. However, the MND provided analysis and mitigation to reduce these impacts below significant. Although there are many comments, none of them disclose the potential that the mitigated Project would create a significant environmental impact. Based upon the Project MND, its Errata, the mitigation measures referenced therein and identified in the MMRP, the MND’s reference documents, the comments, CAA’s responses to those comments, and the whole of the record of proceedings, there is no substantial evidence or fair argument that the mitigated Project will potentially have a significant effect on the environment. CAA prepared a proposed MMRP for the Project as required by CEQA. The proposed MMRP is attached hereto as Exhibit A. The proposed MMRP lists two mitigation measures needed to reduce the Project’s impacts to less than significant, as well as an additional measure to give further assurances that the number of nights and the duration of their use do not exceed the 16 nights or total of 62 hours, annually. As part of this last measure, Malibu High School would voluntarily lose the use of the lights for one football season should the lights be used in excess of the maximum 16 days per year. By adopting the proposed MMRP, the Board will provide the District with the mechanism to ensure that the mitigation measures are implemented. If Resolution No. 08-49 is adopted by the Board, the District will submit its Project application for an amendment to the Coastal Development Permit with the California Coastal Commission. If the California Coastal Commission grants the permit amendment, Malibu High School will be able to continue using temporary night lights for its football season.

***** ***** ***** ***** ***** ***** Ms. Maez read a statement into the record, which can be found under Attachments at the end of these minutes. Public Comments:

• Mark Kelly, Steven O’Neill, Barbara O’Neill Ferris, Ryan Houge, Victor Tyler, Sean Ryan, Ray Humphrey, and Hap Henry urged the board to approve this recommendation.

MOTION MADE BY: Mr. de la Torre SECONDED BY: Mr. Snell STUDENT ADVISORY VOTE: Yes AYES: All (7) NOES: None (0)


SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION

RESOLUTION 08-49

FINDINGS AND ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVAL OF THE MALIBU HIGH SCHOOL FOOTBALL LIGHTING PROJECT

WHEREAS, the Santa Monica-Malibu Unified School District (“District”) developed the

Malibu High School Football Lighting Project (“Project”) to obtain an amendment to the existing Coastal Development Permit with the District to authorize the continuance of the Malibu High School football night practices and games using temporary portable lights that will be in place during the football season;

WHEREAS, the California Environmental Quality Act (“CEQA”) requires the District to

evaluate and determine whether the Project could create significant environmental impacts and develop and adopt feasible mitigation measures to reduce such impacts to less than significant;

WHEREAS, the District engaged CAA Planning (“CAA”) to conduct the environmental

review of the Project; WHEREAS, CAA conducted an Initial Study of the Project and determined that it could

potentially create certain significant environmental impacts, but that implementation of certain mitigation measures would reduce such impacts to less than significant and that a Mitigated Negative Declaration (“MND”) is the appropriate environmental document;

WHEREAS, CAA prepared an MND that describes the Project, analyzes the potential

environmental impacts, and identifies mitigation measures to reduce those significant environmental impacts to less than significant;

WHEREAS, the Project MND was noticed and circulated for public comment according

to CEQA’s procedures; WHEREAS, the District received 18 comment letters and a petition signed by 268

members of the public in support of the Project during the comment period; and WHEREAS, CAA prepared responses to the comment letters and an Errata to the MND

(“Errata”) and determined that the comments do not provide a fair argument or substantial evidence that a potentially significant impact would result from the mitigated Project or requires the substantial revision of the MND, and thus, the MND need not be recirculated for additional public comment.

NOW, THEREFORE, BE IT RESOLVED, that the Santa Monica-Malibu Unified School

District Board of Education (“Board”) hereby finds as follows:

1. Based upon the Project description, the Project MND, its Errata, the mitigation measures identified therein, the comments, the responses to comments, the Mitigation Monitoring and Reporting Program, the Board Item, all other referenced documents, and the whole of the record of proceedings, there is no substantial evidence that the Project will have a significant effect on the environment.

2. Based upon the Project description, the Project MND, its Errata, the mitigation

measures identified therein, the comments, the responses to comments, the


Mitigation Monitoring and Reporting Program, the Board Item, all other referenced documents, and the whole of the record of proceedings, the Project will not adversely or significantly impact aesthetic resources or biological resources or any other environmental resources.


measures identified therein, the comments, the responses to comments, the Mitigation Monitoring and Reporting Program, the Board Item, all other referenced documents, and the whole of the record of proceedings, no new significant effect has been identified and no further mitigation measures or Project revisions are required to reduce an effect to less than significant.

4. Based upon the Project description, the Project MND its Errata, the mitigation

measures identified therein, the comments, the responses to comments, the Mitigation Monitoring and Reporting Program, the Board Item, all other referenced documents, and the whole of the record of proceedings, the new mitigation measure to monitor and report on the number of nights and the hours of usage annually is not a new mitigation measure needed to reduce potential impacts to less than significant.

5. The responses to comments and Errata merely clarify or amplify the information in

the MND.

6. Based on the forgoing findings, the District determines that recirculation of the MND is not required.


measures identified therein, the comments, the responses to comments, the Mitigation Monitoring and Reporting Program, the Board Item, all other referenced documents, and the whole of the record of proceedings, there is no fair argument or substantial evidence that the Project will have a potentially significant effect on the environment and an environmental impact report is not required.

8. The Project’s MND, its Errata, the responses to comments, the Mitigation Monitoring

and Reporting Program, and the content of the Board Item and this Resolution reflect the District’s independent judgment and analysis.

BE IT FURTHER RESOLVED that the Board hereby adopts: 1. The Project MND prepared by CAA and dated May 8, 2009 and Errata dated June

18, 2009; and

2. The Malibu High School Football Lighting Project Mitigation Monitoring and Reporting Program (attached hereto as Exhibit A) for the mitigation measures that are required to mitigate or avoid potentially significant environmental impacts.

BE IT FURTHER RESOLVED that the Board approves the Project and authorizes the

submission of an application to the California Coastal Commission to permit the Project.

BE IT FURTHER RESOLVED that the Board directs the Assistant Superintendent to serve as the custodian of the documents and other materials that constitute the record of proceedings upon which the Board’s decision is based. The record of proceedings shall be maintained at the District’s offices at 1651 Sixteenth Street, Santa Monica, California 90404.


TO: BOARD OF EDUCATION ACTION/MAJOR 07/01/09 FROM: TIM CUNEO / JANECE L. MAEZ / STUART SAM UPDATE

Previously RE: ADOPT RESOLUTION 08-50 – EXEMPTION OF THE 06/25/09 MALIBU HIGH SCHOOL FOOTBALL LIGHTING PROJECT FROM THE CITY OF MALIBU ZONING CODE

RECOMMENDATION NO. A.02

It is recommended that the Board of Education (“Board”) adopt Resolution 08-50 to exempt the Malibu High School Football Lighting Project (“Project”) from the City of Malibu’s zoning code because the Project is not a permitted use therein. DISCUSSION: In 2000, the athletic field for the Malibu High School was constructed by the Santa Monica-Malibu Unified School District (“District”) as part of the Proposition X bond program. The athletic field has been used ever since for football, soccer, band practice, and other activities as part of the school’s educational program. In 2003, Malibu High School began its first use of temporary night lights for evening football games starting with the homecoming game. The school has continued using temporary night lights for each football season thereafter. Although District staff received questions and concerns about the night lighting, no formal complaint was ever made to the District until September 2008. The City of Malibu and the Coastal Commission have not directed the District to cease the use of night lighting. In 2008, during the formulation of the Measure BB Malibu Middle and High School Campus Improvements Project (“Measure BB Project”), it was discovered that an existing Coastal Development Permit that was issued by the California Coastal Commission for the Proposition X bond project at Malibu High School in 2000 contained a restriction that prohibited the use of night lights on the athletic field, whether permanent or temporary. The permit’s lighting restriction was to be memorialized in a separate agreement between the District and the California Coastal Commission. Unfortunately, neither the District nor the California Coastal Commission can locate the agreement, which may not have been ultimately executed. The District acknowledged that it violated the permit’s lighting restriction. To remedy the violation and permit the continuance of evening football night practices and games, the District developed the Project to obtain an amendment to the Coastal Development Permit on the Malibu High School. The Project would provide night lighting for the 16-night practices and games totaling no more than 62 hours annually. Five portable light standards, 53-feet high, and having six lights each on top would be positioned around the athletic field as has been done for the past seven years. After the football season ends, the lights would be removed until the next football season. No other lighted evening sporting event would be allowed on the athletic field. Malibu High School is in the Institutional Zone of the City of Malibu. By letter dated June 10, 2009, the City of Malibu informed the District that the Project is not a permitted use in the Institutional Zone, or any zone within the City of Malibu, with or without a conditional use permit. Per Government Code section 53094, the California Legislature has authorized school districts to exempt themselves from local zoning codes for classroom facilities.


The Malibu High School athletic field is a classroom facility even though it does not have four walls and a roof. Sophomores, Juniors, and Seniors are eligible to receive five physical education credits per season of participation. Generally, every student must obtain 20 physical education credits in order to graduate. It is well known and accepted among educators that team sports, such as football, are an integral and vital part of an educational program that emphasizes building character, teamwork, discipline, sportsmanship, and competition. Such activities, although frequently not confined to a traditional classroom, can and do enhance the academic or educational achievement of students. Further, the California Department of Education considers athletic fields to be teaching stations, which indicates they are a part of an educational program. Since the City of Malibu has an adopted general plan and its zoning code provides for the location of public schools, per section 53094(b), the District must adopt a resolution by a two-thirds’ vote of the Board members to exempt the Project from the City of Malibu’s zoning code. Section 53094’s requirement for compliance with Government Code section 65352.2 and Public Resources Code section 21151.2 are not applicable here since the Project is not a new school site or an expansion of an existing school site. The physical component of the Project is the portable lighting of the existing athletic field. If Resolution 08-50 is adopted, section 53094 requires the Board to notify the City of Malibu within ten days of adoption. Thus, staff requests the Board to direct the Assistant Superintendent to give such notice to the City of Malibu.

***** ***** ***** ***** ***** ***** Ms. Maez read a statement into the record, which can be found under Attachments at the end of these minutes. MOTION MADE BY: Mr. Snell SECONDED BY: Mr. de la Torre STUDENT ADVISORY VOTE: Yes AYES: All (7) NOES: None (0)


SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION

RESOLUTION 08-50

EXEMPTION OF THE MALIBU HIGH SCHOOL FOOTBALL LIGHTING PROJECT FROM

THE CITY OF MALIBU ZONING CODE

WHEREAS, the Santa Monica-Malibu Unified School District (“District”) developed the

Malibu High School Football Lighting Project (“Project”) to obtain an amendment to the existing Coastal Development Permit with the District to authorize the continuance of the Malibu High School football night practices and games using temporary portable lights that will be in place during the football season;

WHEREAS, on May 8, 2009, a copy of the Project’s Mitigated Negative Declaration was

sent to the City of Malibu for review and comment; WHEREAS, Malibu High School is in the Institutional Zone of the City of Malibu; WHEREAS, by letter dated June 10, 2009, the City of Malibu informed the District that

the Project is not a permitted use in the Institutional Zone, or any City of Malibu zone, with or without a conditional use permit;

WHEREAS, Government Code section 53094(b) expressly authorizes the District to

exempt the Project from the City of Malibu’s zoning code and permit requirements by a two-thirds’ vote of the District’s Board members;

WHEREAS, based upon the Board Item, the Project is not a “nonclassroom facility”

within the meaning of Government Code section 53094(b); WHEREAS, high school football is a scholastic event that is an integral and vital part of

an educational program that emphasizes building character, teamwork, discipline, sportsmanship, and competition;

WHEREAS, high school evening football games provide students an activity that is

organized, safe, and secure; fosters a sense of community and well being; and leads to improved student achievement and student retention;

WHEREAS, the City of Malibu’s zoning code unduly hampers, interferes with, and prohibits the Project, which the District disputes;

WHEREAS, the Malibu High School football evening practices and games cannot

continue unless the Project is exempted from the City of Malibu’s zoning code; and WHEREAS, football, as a team sport, is an integral, important part of the education of

the District’s students at Malibu High School.

NOW, THEREFORE, BE IT RESOLVED, for good and sufficient cause based on the entire record of proceedings that the Santa Monica-Malibu Unified School District Board of Education hereby finds the Project to be a classroom facility and exempts the Project from the City of Malibu’s zoning code, which includes all permitting conditions and prohibitions that would otherwise apply to the Project.

BE IT FURTHER RESOLVED that the Assistant Superintendent is directed to serve notice of this action upon the City of Malibu within 10 days.

Chapter 3, Coastal Act Analysis

The California Coastal Commission (CCC) approved, with modifications, Coastal Development Permit (CDP) 4-99-276 in May 2000. The CDP was for the construction of a spectator gymnasium and classroom building, upgrades to athletic fields and the relocation of the parking lot at Malibu High School. The high school is located in an area of residential, school and equestrian uses. At the time of the CDP approval, the CCC imposed Special Condition 6 prohibiting lighting at the field and for the track. Because the Santa Monica-Malibu Unified School District (“District”) had not requested night lighting, the District did not submit the analytical materials to provide evidence that there would be no scenic impacts or that wildlife would not be disrupted. The CCC did not cite to any evidence, but rather cited only to its practice of prohibiting lighting. The District now requests an amendment to the CDP to allow night lighting of the football stadium based on new evidence that is available showing that the lighting will not cause adverse effects to scenic areas and native wildlife. The Site Plan Exhibit from the Mitigated Negative Declaration (MND) is included in the Attachments section depicting the location of the five temporary light fixtures on the football field.

A Chapter 3 Analysis has been prepared for the project in order to determine impacts to public access, recreation, marine environment, land resources and development. The analysis examines the mitigation measures in the MND for protection of resources in the Coastal Zone related to the project and finds that, with implementation of proposed mitigation measures, the proposed project is consistent with the Coastal Act goals and objectives.

Public Access (Article 2)

30210. Posting of access

In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.

Malibu High School is a public school that provides recreational opportunities consistent with the school’s curriculum objectives. No publicly available recreational opportunities exist on the site, except as permitted by the school district. CDP 4-99-276 required the District to enter into an agreement for maintaining a trail between the Clover Heights cul-de-sac along the District’s property above the softball field and over to the Equestrian Center. The agreement does not include the trail east of the athletic field. No posted notice is required.

30211. Development shall not interfere with access

Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.

The project is a public school, and no dry sand or rocky coastal beaches are in close proximity to the site. Access to the site is restricted to students and persons involved in the education activities of the school. As no access to the sea is available from the site, this section does not apply.

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30212.5 Distribution of public facilities

Wherever appropriate and feasible, public facilities, including parking areas or facilities, shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area.

Existing parking and public facilities will remain unchanged. The District has adopted an Event Parking Management Plan which provides direction for maximum parking utilization for special events and sports activities.

30213. Encouragement of lower cost visitor and recreational facilities

Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.

The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.

This provision does not apply as the project site is a public high school with no public visitor or recreational facilities.

30214. Implementation of public access policies; legislative intent

(a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following:

(1) Topographic and geologic site characteristics

(2) The capacity of the site to sustain use and at what level of intensity.

(3) The appropriateness of limiting public access to the right to pass and repass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses.

(4) The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter.

(b) It is the intent of the Legislature that the public access policies of this article be carried out in a reasonable manner that considers the equities and that balances the rights of the individual property owner with the public’s constitutional right of access pursuant to Section 4 of Article X of the California Constitution. Nothing in this section or any amendment thereto shall be construed as a limitation on the rights guaranteed to the public under Section 4 of Article X of the California Constitution.

(c) In carrying out the public access policies of this article, the commission and any other responsible public agency shall consider and encourage the utilization of innovative access management techniques, including, but not limited to, agreements with private organizations which would minimize management costs and encourage the use of volunteer programs.

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As no public access to the coast exists on the high school site, this provision does not apply.

Recreation (Article 3)

30220. Protection of unique water-oriented activities

Coastal areas suited for water-oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses.

The project site does not contain areas suitable for water-oriented activities. Therefore, this provision does not apply.

30221. Protection for recreational use and development of oceanfront land

Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area.

The proposed project occurs entirely within the boundaries of Malibu High School which does not contain oceanfront land suitable for recreational uses.

30222. Priority of development purposes of private lands

The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal-dependent industry.

The site is fully developed with a high school which is owned and operated by the District. No changes are proposed to the existing use.

30223. Reservation of upland areas

Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible.

The existing use as a public high school does not support coastal recreational uses. The proposed project does not include a change in the use of the site.

30224. Encouragement of recreational boating use

Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non-water-dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land.

This provision does not apply to the proposed project. The project is an existing high school and recreational boating does not exist on the site.

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Marine Environment (Article 4)

30230. Maintenance and restoration of marine resources

Marine resources shall be maintained, enhanced, and, where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes.

There are no marine resources on this site. The District has prepared a Mitigated Negative Declaration (MND) that provides analysis of biological resources that could be impacted as a result of the inclusion of temporary lighting to the football stadium. In accordance with the adoption of the MND, mitigation measures have been applied to protect all such resources from potential impacts related to the lighting. The site is not adjacent to and does not contain coastal waters that support fish, other marine mammals or marine plants. No such resources will be impacted by implementation of the temporary lighting project.

30231. Maintenance and restoration of water quality

The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.

The project does not include additional water discharges that could impact the quality of coastal waters, streams, wetlands, estuaries and lakes. No construction will be necessary to implement providing the temporary lighting fixtures for the football stadium. No additional runoff or disruption of existing surface water flow will occur. The site contains storm drains to manage the existing conditions and no new impacts will occur due to the additional lighting.

30232. Protection against spills of oil and hazardous substances

Protection against the spillage of crude oil, gas, petroleum products, or hazardous substances shall be provided in relation to any development or transportation of such materials. Effective containment and cleanup facilities and procedures shall be provided for accidental spills that do occur.

There are no hazardous materials on-site, nor will any be kept. The proposed lighting will not introduce hazardous substances to the site and no impacts will occur. Therefore, this provision does not apply to the proposed project.

30233. Diking, filing or dredging of waterways; erosion control

(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following:

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(1) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities.

(2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.

(3) In open coastal waters, other than wetlands, including streams estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities.

(4) Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.

(5) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.

(6) Restoration purposes.

(7) Nature study, aquaculture, or similar resource-dependent activities.

(b) Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable longshore current systems.

(c) In addition to the other provisions of this section, diking, filing, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any alteration of coastal wetlands identified by the Department of Fish and Game, including, but not limited to, the 19 coastal wetlands identified in its report entitled, “Acquisition Priorities for the Coastal Wetlands of California”, shall be limited to very minor incidental public facilities, restorative measures, nature study, commercial fishing facilities in Bodega Bay, and development in already developed parts of south San Diego Bay, if otherwise in accordance with this division.

For the purposes of this section, "commercial fishing facilities in Bodega Bay" means that not less than 80 percent of all boating facilities proposed to be developed for improved, where such improvement would create additional berths in Bodega Bay, shall be designed and used for commercial fishing activities.

(d) Erosion control and flood control facilities constructed on watercourses can impede the movement of sediment and nutrients which would otherwise be carried by storm runoff into coastal waters. To facilitate the continued delivery of these sediments to the littoral zone, whenever feasible, the material removed from these facilities may be placed at appropriate points on the shoreline in accordance with other applicable provision of this division, where feasible mitigation measures have been provided to minimize adverse environmental effects. Aspects that shall be considered before issuing a coastal development permit for such purposes are the method of placement, time of year of placement, and sensitivity of the placement area.

There will be no diking, filling or dredging of waterways included in the proposed project. Therefore, this provision does not apply to the proposed project.

30234. Protection of commercial fishing and recreational boating industries

Facilities serving the commercial fishing and recreational boating industries shall be protected and, where feasible, upgraded. Existing commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exists or adequate substitute space

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has been provided. Proposed recreational boating facilities shall, where feasible, be designed and located in such a fashion as not to interfere with the needs of the commercial fishing industry.

This provision does not apply as fishing and recreational boating industries do not exist on the site and are not part of the proposed project.

30234.5. Importance of fishing activities

The economic, commercial and recreational importance of fishing activities shall be recognized and protected.

This provision does not apply, as fishing facilities are not a part of the proposed project.

30235. Revetments, breakwaters, etc.; permitted

Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shorelines and supply. Existing marine structures causing water stagnation contributing to pollution problems and fishkills should be phased out or upgraded where feasible.

This provision does not apply, as no such structures are included in the project.

30236. Waterway modification; mitigation; restrictions

Channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to (1) necessary water supply projects, (2) flood control projects where no other method for protecting existing structures in the flood plain is feasible and where such protection is necessary for public safety or to protect existing development, or (3) developments where the primary function is the improvement of fish and wildlife habitat.

This provision does not apply, as no alteration will occur to channels, dams, rivers, or streams.

Land Resources (Article 5)

30240. Protection of environmentally sensitive habitat areas; development in adjacent areas

(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.

(b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.

There is no ESHA, endangered or special-status species on the site or in the immediate vicinity of the site based on studies and analytical documents that have been prepared to identify impacts to biological resources found on- and off-site due to the proposed project. A “Biological Inventory – Malibu High School Football Lighting Project” (Study) dated May 4, 2009 was prepared for the District by Glenn Lukos Associates. The study included a characterization of biological resources associated with the study area, an evaluation of the study area for the presence or potential presence of state or federally listed endangered species or other special-status species and an evaluation of Environmentally Sensitive Habitat Areas (ESHA). No impacts due to the proposed lighting were

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identified. Light Spill Interface with Vegetation Areas (Exhibit 27) from the MND is included in the Attachment section depicting the limits of the projected light spill.

Site specific habitat assessments for special-status plants and animals including raptors and owls and general and focused biological surveys for plants and animals within the study area were conducted between July 31, 2008 and April 27, 2009. Potentially suitable habitat for owls was noted in the Equestrian Park approximately 200 to 400 feet east of the high school, but no owls were detected. There was no evidence of current owl use or past breeding. Ruderal and turf surround the football field. Disturbed coastal sage scrub (“CSS”) is located to the north, east and south of the football field. A large swath of CSS is located further east of the football field, beyond the disturbed CSS. The CSS is located within the District’s open space area of the high school property and is surrounded by ruderal vegetation and disturbed/ developed land. The CSS is approximately 190 feet from the football field.

Special Status Habitats were noted within the study area of the biological assessment. Black walnut trees are found on the eastern edge of the study area near the Equestrian Park. However, the trees are not located on the school site. In addition, the trees do not comprise “California walnut woodland” as defined by Holland (l986) as the trees are not contiguous with other woodland habitat and function only as ornamental vegetation. The stream on the northwest edge of the site supports southern arroyo willow riparian forest. The stream course and associated riparian vegetation are designated as ESHA habitat on the Malibu Local Coastal Program ESHA Overlay Map. However, the project will avoid impacts to the habitat associated with the stream due to its distance of several hundred feet from the site of the lighting on the football field.

The California gnatcatcher (CAGN) was one of the special-status species considered during the habitat assessment phase of the biological study, but due to lack of current and historical occurrences in the Santa Monica Mountains, it was determined that there was no potential for CAGN to occur. The Barn Owl and Great Horned Owl Habitat assessment revealed no sign of owl use, including pellets, whitewash, or feathers, was detected at the base of suitable trees (located east of the high school campus and adjacent to the Malibu Equestrian Park) and no nests or cavities consistent with past owl nesting were detected in any of the trees in the Study Area of the campus. In addition, no burrowing owls were detected during focused surveys and none are expected to occur. Several common raptor species are expected to forage within the study area. However, these species tend to forage during the day and the proposed lighting would not result in an impact. The owls noted in the biological studies tend to forage most actively at dusk, around midnight and around dawn. Because lighting would never extend past 10:30 p.m., the proposed lighting would not have a significant impact on owl foraging.

In that regard, a Light Spill Interface with Vegetation Areas Exhibit was prepared that shows no special-status habitats would receive increased illumination as a result of the proposed project. As noted above, the Exhibit is included as an attachment hereto. The only special-status association within the study area, Venturan coastal sage scrub and arroyo willow riparian forest, would receive no increased lighting. In addition, a 0.68 acre area of disturbed Venturan coastal sage scrub would receive increased illumination, but due to the disturbed nature of the area, it does not support special-status resources and would not result in a significant impact.

As stated in the MND Response to Comments document, the Malibu Park area is within the Pacific Flyway and the fall migration, which occurs during the months of September, October and the first part of November, would partially coincide with night lighting for the football season. Operation of the lights would occur on approximately 8 nights until 10:30 p.m. Migratory birds may generally be

8

categorized into three groups: passerines (songbirds), hawks/falcons and waterfowl/shorebirds. Of these three groups, only passerines migrate at night, with the other two groups generally migrating during the day. Migration occurs at altitudes of between 2,000 and 4,000 feet, although some migrate as low as 600-900 feet. The 53’ tall light standards, which will be shielded to deflect light downwards, will not increase the potential for impacts to migrating songbirds.

In an abundance of caution, the biological reports specified that if any endangered or special-status species inhabit, roost or nest on the site in the future, the night lighting would still not result in a significant impact due to the fact that the light spill is substantially constrained. A 0.1 foot-candle illumination has previously been used as an impact threshold by the Coastal Commission. The project lighting will not exceed this threshold and, as depicted in the Light Spill Exhibit included herein, the areas receiving 0.1 foot-candle light will be confined to disturbed and developed areas. Further, the spill and glare control features of the lighting are designed to minimize visibility of light source and glare impacts by directing lighting toward the sports field area and not illuminating areas outside the project boundaries.

30241. Maintenance of prime agricultural land

The maximum amount of prime agricultural land shall be maintained in agricultural production to assure the protection of the areas' agricultural economy, and conflicts shall be minimized between agricultural and urban land uses through all of the following:

(a) By establishing stable boundaries separating urban and rural areas, including, where necessary, clearly defined buffer areas to minimize conflicts between agricultural and urban land uses.

(b) By limiting conversions of agricultural lands around the periphery of urban areas to the lands where the viability of existing agricultural use is already severely limited by conflicts with urban uses or where the conversion of the lands would complete a logical and viable neighborhood and contribute to the establishment of a stable limit to urban development.

(c) By permitting the conversion of agricultural land surrounded by urban uses where the conversion of the land would be consistent with Section 30250.

(d) By developing available lands not suited for agriculture prior to the conversion of agricultural lands.

(e) By assuring that public service and facility expansions and nonagricultural development do not impair agricultural viability, either through increased assessment costs or degraded air and water quality.

(f) By assuring that all divisions of prime agricultural lands, except those conversions approved pursuant to subdivision (b), and all development adjacent to prime agricultural lands shall not diminish the productivity of prime agricultural lands.

This provision does not apply, since no agricultural land exists on the site or in the project vicinity.

20341.5. Determination of viability of agricultural land uses; economic feasibility evaluation

(a) If the viability of existing agricultural uses is an issue pursuant to subdivision (b) of Section 30241 as to any local coastal program or amendment to any determination of "viability" shall include, but not be limited tom, consideration of an economic feasibility evaluation containing at least both of the following elements:

9

(1) An analysis of the gross revenue from the agricultural products grown in the area for the five years immediately preceding the date of the filing of the proposed local coastal program or an amendment to any local coastal program.

(2) An analysis of the operational expenses, excluding the cost of land, associated with the production of the agricultural products grown in the area for the five years immediately preceding the date of the filing of a proposed local coastal program or an amendment to any local coastal program.

For purposes of this subdivision, "area" means a geographic area of sufficient size to provide an accurate evaluation of the economic feasibility of agricultural uses for those lands included in the local coastal program or in the proposed amendment to a certified local coastal program.

(b) The economic feasibility evaluation required by subdivision (a) shall be submitted to the commission, by the local government, as part of its submittal of a local coastal program or an amendment to any local coastal program. If the local government determines that it does not have the staff with the necessary expertise to conduct the economic feasibility evaluation, the evaluation may be conducted under agreement with the local government by a consultant selected jointly by local government and the executive director of the commission.

This provision does not apply, as the project site is fully developed with a high school and does not contain agricultural land.

30242. Conversion of lands suitable for agricultural use

All other lands suitable for agricultural use shall not be converted to nonagricultural uses unless (1) continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural land or concentrate development consistent with Section 30250. Any such permitted conversion shall be compatible with continued agricultural use on surrounding lands.

This provision does not apply as the project site is fully developed with a high school and does not contain agricultural land.

30243. Protection of the long-term productivity of soils and timberlands

The long-term productivity of soils and timberlands shall be protected, and conversions of coastal commercial timberlands in units of commercial size to other uses or their division into units of noncommercial size shall be limited to providing for necessary timber processing ad related facilities.

This provision does not apply as the project site is fully developed with a high school and does not contain timberlands.

30244. Archaeological or paleontological resources; mitigation required

Where development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required.

This provision does not apply as the project site does not contain archaeological or paleontological resources which would be adversely impacted.

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Development (Article 6)

30250. Location, generally

(a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions, other than leases for agricultural uses, outside existing developed areas shall be permitted only where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding parcels.

(b) Where feasible, new hazardous industrial development shall be located away from existing developed areas.

(c) Visitor-serving facilities that cannot feasibly be located in existing developed areas shall be located in existing isolated developments or at selected points of attraction for visitors.

The addition of temporary football field lighting does not fall into any of the categories mentioned above.

30251. Scenic and visual qualities

The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.

The high school is situated on the southern flanks of the western portion of the Santa Monica Mountains. The area is characterized by rolling slopes, descending southwesterly toward Zuma Beach. The elevation of the site ranges from approximately 100 feet to approximately 208 feet at the northerly property line. The football field is situated in the middle of the site approximately 150 feet above sea level. The closest residence to the football field is more than 500 feet away.

The project proposes the placement of five temporary light standards, 53 feet in height, on the football field for approximately 16 nights (62 hours) per year. On eight nights, the lighting will be turned off by 7:30 p.m. On the remaining nights, lighting will be turned off by 10:30 p.m. Pacific Coast Highway (PCH), which is considered a scenic road under the Malibu LCP, and Zuma Beach are the closest public viewing areas to the site. During daylight hours, certain light standards will be visible from a small portion of both PCH and Zuma Beach. The light standards will neither block nor obscure distant views. In addition, the built-out nature of the surrounding area includes existing light standards, structures, mature trees and vegetation.

Nighttime views of the lights will include sky glow which will be minimal on clear nights but will appear stronger on foggy or rainy nights due to the change in atmospheric conditions. However, the project lighting will not introduce light or sky glow into an undeveloped area where no lighting currently exists. Street lights are present along PCH and in the parking lot of Zuma Beach, as well as the normal lighting from residences and businesses in a developed area. Because the lighting will be

11

used during the football season, which is between September and November, the peak beach and tourist season will be ended. The use of the lights for a maximum of 16 nights will be temporary and intermittent.

As analyzed in the MND, views from trails and scenic vistas will not be impacted due to the distance from these locations. From many vantage points, the lights will blend in with existing utility lines, street lights, traffic signals and trees. Views of the ocean and mountains that exist from these locations will not be impacted. The MND included an exhibit that provides an aerial view of the school site and surrounding setting. Vantage Points are shown on the map which correspond with photographs taken during the football season while the temporary lights were on site. Photographs were also taken at night from approximately the same vantage points . These exhibits are included herein in the Attachment Section (Exhibits 13-25). The photographs show the night lighting in use, without the total light control (“TLC”) visors. Finally, the proposed light fixtures have been designed to reduce light spill and glare through the addition of TLC visors, ensuring that the spill is contained to the school site and sky glow is limited by directing the light down towards the football field. The photo simulations with visors are included herein as Attachments (Night Vantage Point Photos 1-8).

30252. Enhancement and maintenance of public coastal access

The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service, (2) providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads, (3) providing non-automobile circulation within the development, (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation, (5) assuring the potential for public transit for high intensity uses such as high-rise office buildings, and by (6) assuring that the recreational needs of new residents will not overload nearby coastal recreation areas by correlating the amount of development with local park acquisition and development plans with the provision of onsite recreational facilities to serve the new development.

None of the above provisions for maintenance and enhancement of public access apply to the proposed project as there is no direct access to the coast from the high school.

30253. Development mandates

New development shall do all of the following:

(a) Minimize risks to life and property in areas of high geologic, flood, and fire hazard.

The siting of the light standards poses no unacceptable or unusual risks from fire, flood, or geotechnical hazards. This is an existing development and impacts due to the project have been analyzed in the MND.

(b) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs.

Since the light standards are temporary on movable bases no grading will occur; therefore, this provision does not apply.

(c) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Control Board s to each particular development.

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The project is consistent with these requirements, since project implementation will not produce significant air quality impacts as analyzed in the MND.

(d) Minimize energy consumption and vehicle mile traveled.

Energy consumption will be insignificant since use of the lights is limited to a maximum of 16 evenings (62 total hours) per football season. Fuel consumption for each of the two diesel-powered generators is estimated at 4.2 gallons per hour. This results in a total of 260.4 gallons of fuel per generator over the entire football season. Since the generator use will be intermittent and for no more than 4 hours at one time, the amount of fuel consumed for each use will be minimal.

(e) Where appropriate, protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses.

Use of temporary football lighting will not impact unique characteristics or recreational uses of the community where the high school is located. As noted in the MND, the aesthetics impacts to Zuma Beach and the hiking and biking trails in the community will be minimal. The lighting is visible from a very small vantage point along the oceanfront. The local trails close at sunset and it is not anticipated that public use of the trails will occur during the hours the lights are in use. The lights will be shielded with visors and aimed downward to limit light spill to the football field and the immediately adjacent areas. The surrounding residential neighborhood could experience some effects of sky glow and glare during certain weather conditions, but these impacts will be intermittent, short-term and less than significant.

30254 through 30265.5

These provisions do not apply to the proposed project.

Exhibit 3 From Mitigated Negative Declaration

Malibu High School Football Lighting Project

Mitigated Negative Declaration Malibu High School Football Lighting Project Santa Monica-Malibu Unified School District

page 7

Exhibit 3. Site Plan

Exhibit 27 From Mitigated Negative Declaration


Mitigated Negative Declaration Malibu High School Football Lighting Project Santa Monica-Malibu Unified School District

page 55

Exhibit 27. Light Spill Interface with Vegetation Areas

Exhibits 13 through 25 From Mitigated Negative Declaration


Mitigated Negative Declaration Malibu High School Football Lighting Project Santa Monica Malibu Unified School District

page 28

Exhibit 13. Vantage Point Key Map


page 30

Exhibit 14. Day Vantage Point 1

Exhibit 15. Night Vantage Point 1 – Without Glare Visors


page 32


Exhibit 17. Night Vantage Point 2 – Without Glare Visors


page 34


Exhibit 19. Night Vantage Point 3


page 36




page 38




page 40



Night Vantage Point Photos 1 through 6 From Mitigated Negative Declaration

Malibu High School Football Lighting Project Responses to Comments

2. Responses to Comments

Mitigated Negative Declaration page 99 Malibu High School Football Lighting Santa Monica-Malibu Unified School District

Night Vantage Point 1 – Simulations with TLC Visors
















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