POINT 3 ......  Without an Environmental Impact Report (EIR), foreseeable and cumulative ecological consequences have been ignored.  This violates CEQA and NEPA policies.

a) EVEN IF the City were still justifying a closure with an ESHA declaration, it would still be wrong to claim it can make its own negative declaration, as if excising public access protection from a public tideland and driving the public elsewhere would have no possible effect anywhere else. An EIR is required.  

b) The Negative Declaration stated only that that banning people from a beach will not hurt the immediate environment.   True, if you believe humans are not a legitimate part of the natural environment.  But  it will affect a wide ranging animal population. It aims to enhances a concentration of predators centered between 2 State Marine Protected Areas.  

c) The negative declaration pointedly ignored some sensitive animals, the children of San Diego for whom the seawall and now ruined pool was built and the handicapped that depend on the protected waters inside the sea wall for a useable ocean entry and exit.    A federal suit has been entered to require true ADA access to the shore over a historic access route, a ramp shown in the LCP at Children’s Pool.   The City’s long range intent was revealed in court when the deputy City Attorney argued the ADA ramp need not be rebuilt because the beach was going to be closed anyway – to everybody. The City is out to beat a legitimate ADA access lawsuit.  
The plea of the handicapped is seen here   https://www.youtube.com/watch?v=hV-d8f7W-eY

d) The Commisison staff cannot take San Diego's word about what is legal. Statements come from the City Attorney, who was directly assigned the job of closing the beach in 2010. Legal opinions from him cannot be an unbiased analysis but have to be statements in support of the needs to his client to carry out the project he was assigned. The Commission must submit any legal uncertainties to its own legal department.

e) In July 2012, the Commission begrudgingly granted a year round rope barrier permit with a special condition that should the Commission be sued for it, San Diego would pay all its legal fees. Somebody knew something then that is even more important today.