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| Meeting Agenda Day 2 Thursday June 9, 2022 - 9:00 a.m. This Coastal Commission meeting will be conducted in a hybrid format, with public participation possible both virtually through video and teleconference, and in person. The Commission strongly encourages continued participation virtually through video and teleconferencing due to changing Covid-19 conditions. Hilton San Diego/Del Mar |
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| 1. |  CALL TO ORDER and ROLL CALL |
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| 2. | VIRTUAL MEETING PROCEDURES |
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| 3. | Agenda Changes |
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| 4. | General Public Comment Public comments that are not related to any of the items specifically listed on the agenda will be heard at approximately 9:00 am, for no more than one hour. At the discretion of the Chair, speakers may be given up to 2 minutes. Due to the transition to a virtual meeting platform, the Coastal Commission at this time will not allow for the ceding of time from one speaker to another speaker. Note: You may address the Commission on a specific topic one time only each month. Please submit a request to speak by 5:00 pm the day before the hearing to assist with meeting management sign up. We will stop taking speaker requests by 8:30 am on each day of the meeting. Please see the Coastal Commission’s Virtual Hearing Procedures memo for submitting a request to speak. |
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| 5. | Chair report | ||||||||
| Statewide | |||||||||
| 6. | Executive Director's Report | ||||||||
| a. | Executive Director's Report |
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| Report | |||||||||
| Submit Comment | |||||||||
| b. | Commission Correspondence | ||||||||
| Consideration and potential action on Commission correspondence. Submit Comment | |||||||||
| c. | Legislative Report |
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| Report | |||||||||
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Status and possible action on pending legislation. (JA/SC-SF) Submit Comment
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| d. | Report: Historic Roots of Housing Inequity |
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| Report | Correspondence | ||||||||
| Staff presentation of the historic social and legal underpinnings of the coastal affordable housing shortage. (SC-SF) Submit Comment | |||||||||
| e. | June 2022 Draft Public Trust Guiding Principles & Action Plan |
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| Report | Exhibits | Correspondence | |||||||
| Staff briefing on the draft document “Public Trust Guiding Principles & Action Plan,” which is available for public review and comment. The Guiding Principles & Action Plan describes how the public trust doctrine relates to the Coastal Commission’s work on sea level rise planning, presents a series of principles that guide the Commission’s work on this subject, and sets forth next steps and research priorities for the Commission. (AY-SC) Submit Comment | |||||||||
| f. | Filing Fees Increase |
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Schedule of filing fees to be adjusted for inflation effective July 1, 2022 and other minor changes to the regulations. For informational purposes only. No Commission action necessary. (CW-SF) Submit Comment  |
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| 7. | Administrative Calendar |
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| a. | Application No. 5-22-0066 (Drew St. Investments, LLC, Huntington Beach) | ||||||||
| Report | Exhibits | ||||||||
| Application of Drew St. Investments, LLC for after-the-fact removal and construction of new concrete 709 sq.ft. cantilever deck with new 42' bird-safe glass and metal railing, at 16692 Wanderer Lane, Huntington Beach, Orange County. (JD-LB) Submit Comment | |||||||||
| b. | Application No. 5-21-0718 (Contreras, Newport Beach) | ||||||||
| Report | Exhibits | ||||||||
| Application of Edward Contreras to remove 530 sq.ft. boat dock and gangway and install new 534 sq.ft. boat dock and gangway, and to replace three concrete piles like-for-like, at 440 Harbor Island Drive, Newport Beach, Orange County. (CS-LB) Submit Comment | |||||||||
| c. | Application No. 5-21-0755 (Team, Newport Beach) | ||||||||
| Report | Exhibits | ||||||||
| Application of David Team to remove 412 sq.ft. floating dock, 3’ x 22’ gangway, 340 sq.ft. pier platform and pier and install 351 sq.ft. floating dock, 3’ x 24’ gangway, and 240 sq.ft. pier platform and pier. Remove and replace like-for-like three 14” square concrete “T” piles and three 14” square concrete marina guide piles is also being proposed, at 633 Via Lido Soud, Newport Beach, Orange County. (FSY-LB) Submit Comment | |||||||||
| 8. | Consent Calendar Motion and Vote |
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| a. | Application No. 5-21-0820 (Fanticola, Newport Beach) | ||||||||
| Report | Exhibits | ||||||||
| Application of Christine Fanticola to demolish single-family home and construct 2-story, 5,199 sq.ft., single-family home with 629 sq.ft. three-car garage. Proposed project also includes: 1) to reinforce existing bulkhead by installing four new tie-backs connecting to four new concrete deadman; 2) to replace 5’ x 31’ deck cantilevered from bulkhead like-for-like; and 3) to increase height of seawall to 10.9’ NAVD88. Only bayward portion of project is within Commission’s original jurisdiction, at 80 Linda Isle, Newport Beach, Orange County. (FSY-LB) Submit Comment | |||||||||
| b. | Application No. 6-21-0106 (CHSP Mission Bay LLC, San Diego) | ||||||||
| Report | Exhibits | ||||||||
| Application of CHSP Mission Bay LLC to replace overwater decking at Red Marlin restaurant, repair pile caps at marina buildings, and install new plywood on commercial dock at Hyatt Regency Mission Bay Spa and Marina, 1441 Quivira Road, Mission Bay Park, San Diego, San Diego County. (CB-SD) (Note: The Commission’s enforcement division has opened an investigation into potential Coastal Act violations associated with this item and site, as is explained further in the staff report.) Submit Comment | |||||||||
| c. | Application No. 5-22-0063 (Jowdy, Seal Beach) | ||||||||
| Report | Exhibits | ||||||||
| Application of Michael Jowdy to demolish 1-story, 1,310 sq. ft. single-family home and construct new 2-story, 3,246 sq. ft. single-family home with attached 2-car garage and roof deck at 715 Marvista Avenue, Seal Beach, Orange County. (VL-LB) Submit Comment | |||||||||
| 9. |
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| Enforcement | |||||||||
| 10. | Enforcement Report |
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| Report by Chief of Enforcement on Statewide Enforcement Program. (LAH-SF) Submit Comments | |||||||||
| South Coast District (Orange County) | |||||||||
| 11. | Deputy Director's Report for Orange County |
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| Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, local government acceptance of modifications for LCP certification and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's Long Beach office at (562) 590-5071. Submit Comments | |||||||||
| 12. | Local Coastal Programs (LCPs) | ||||||||
| a. | City of Dana Point LCP Amendment No. LCP-5-DPT-20-0080-2 |
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| Report | Exhibits | ||||||||
Public hearing and action on request by City of Dana Point to amend the City's Implementation Plan (IP) for the ‘1996’ LCP: Chapter 9.31 Flood Plain Overlay District and Chapter 9.75 Definitions and Illustrations of Terms. The proposed amendment is intended to conform the City’s Flood Plain Overlay District to FEMA requirements; Dana Point, Orange County (MV-LB) Submit Comments  |
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| b. | City of Laguna Beach LCP Amendment No. LCP-5-LGB-22-0016-1 |
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| Report | |||||||||
| Public hearing and action to extend time limit for Commission action up to one year for certification of City of Laguna Beach LCP Amendment No. LCP-5-LGB-22-0016-1. Amendment No. LCP-5-LGB-22-0016-1 would amend Table 5-1 of the certified DSP related to allowed uses and local permit requirements. (MA-LB) Submit Comments | |||||||||
| 13. | New Appeals | ||||||||
| a. | Appeal No. A-5-LGB-22-0017 (32007 S Coast Hwy, LLC, Laguna Beach) |
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| Report | Exhibits | ||||||||
Appeal by Mark Fudge and Sharon Fudge from City of Laguna Beach granting exemption request to 32007 S Coast Hwy, LLC for: replacement of all doors and windows; replacement of decks at main house and garage; repair of gutters and downspouts of roofs, upper decks, and lower decks; repair of side yard stairway (including treads, risers, stair stringers, railing, and landing decks); remodel room below garage; repair of funicular; removal of wood siding and replacement with stucco; interior repairs to main house; re-roof repair of driveway deck; replacement of mechanized equipment; and replacement of hardscape at 32007 Coast Highway, Laguna Beach, Orange County. (AS-LB) Submit Comments  |
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| 14. | Coastal Permit Applications | ||||||||
| a. | Application No. 5-21-0722 (City of Newport Beach, Newport Beach) |
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| Report | Exhibits | Correspondence | |||||||
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Application of City of Newport Beach to install 14’, 707 sq.ft. floating trash interceptor, including two booms extending the 150’ creek width, a mounted rake system, 8’ wide conveyor belt, two 216 cu. ft. dumpsters, and 768 total cu. yd. of grading to construct permanent, landside service road, at/in San Diego Creek, Newport Beach, Orange County. (CS-LB) Submit Comments
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| b. | Application No. 5-21-0739 (Greer, Newport Beach) |
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| Report | Exhibits | Addendum | |||||||
| Application of Michael and Michele Greer to demolish 2-story 4 bedroom, 3 bath, 2,340 sq.ft. single-family home and demolish unpermitted deck beyond rear property line; construct new 2-story 4 bedroom, 4.5 bath, 2,754 sq.ft. single-family home with 421 sq. Ft. 2-car garage, landscape, hardscape, and drainage improvements at 237 Canal Street, Newport Beach, Orange County. (LR-LB) Submit Comments | |||||||||
| c. | Application No. 5-21-0754 (Bell, Sunset Beach) |
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| Application by Marilyn & Thomas Bell to remodel 4,966 sq.ft. single-family home, including 69 sq.ft. addition on first floor, convert 160 sq.ft. of living area to outdoor deck space and add 273 sq.ft. of internal area on third floor, and elevation of vertical members by 2.5’ along 980 sq.ft. portion of flat roof, at 16571 S. Pacific Ave, Sunset Beach, Orange County. (SA-LB) Submit Comments |
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| d. | Application No. 5-21-0903 (Las Vegas Beach House LLP, San Clemente) |
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| Application by Las Vegas Beach House LLP to remove one-story mobile home; and install approx. 1494-sq.ft., one-story, 16-ft.-high mobile home on beachfront mobile/manufactured home space at 1880 N. El Camino Real, Unit 43, San Clemente, Orange County.(MA-LB) Submit Comments |
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| e. | Application No. 5-22-0042 (Hormuth Revocable Trust, San Clemente) |
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| Application by Hormuth Revocable Trust to remove one-story mobile home; and install one-story, 1,326 sq.ft., 14’-16’ high mobile home, 103 sq.ft. storage shed, 43 sq.ft. storage shed, 283 sq.ft. covered patio, hardscape and drainage improvements on beachfront mobile/manufactured home space at 1880 El Camino Real #39, San Clemente, Orange County. (LR-LB) Submit Comments |
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| 15. | Permit Amendments | ||||||||
| a. | Application No. 5-95-230-A3 (Scaife, San Clemente) |
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| Request by Joshua J. Scaife to amend previously approved permit to add 893 sq.ft. of living space on the 1st and 2nd floor of 1,756 sq.ft. single-family home, new decks, extended entry, 2nd floor storage area, new pool with wood deck surround and storage under deck at 407 W. Avenida De Los Lobos Marinos, San Clemente, Orange County. (VL-LB) (NOTE: The Commission’s enforcement division has opened an investigation into potential Coastal Act violations associated with this item and site, as is explained further in the staff report.) Submit Comments |
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| San Diego Coast District | |||||||||
| 16. | Deputy Director's Report |
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| Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, local government acceptance of modifications for LCP certification and on comments from the public relating to the Deputy Director's report. For specific information contact the Commission's San Diego office at (619) 767-2370. Submit Comments | |||||||||
| 17. | Local Coastal Programs (LCPs) | ||||||||
| a. | City of Encinitas LCP Amendment No. LCP-6-ENC-22-0013-1 (Objective Design Standards). |
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| Report | Exhibits | ||||||||
| Concurrence with the Executive Director’s determination that the request by City of Encinitas to amend its certified Implementation Plan to create objective design standards is de minimis, and if the Commission does not concur with the de minimis determination, possible action to extend the deadline for final Commission action on the amendment. (KC–SD) Submit Comment | |||||||||
| b. | City of San Diego LCP Amendment No. LCP-6-SAN-21-0005-5 (2019 Housing Legislation). Adoption of Suggested Modifications Time Extension |
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| Report | |||||||||
| Public hearing and action to extend the 6-month time limit up to one year on request by City of San Diego to act and agree to the modifications adopted by the Commission on the City’s certified Implementation Plan to implement amendments to the Land Development Code related to housing ordinances. (AL-SD) Submit Comment | |||||||||
| c. | City of San Diego LCP Amendment No. LCP-6-SAN-21-0006-5 (Moveable Tiny Houses). Adoption of Suggested Modifications Time Extension |
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| Report | |||||||||
| Public hearing and action to extend the 6-month time limit up to one year on request by City of San Diego to act and agree to the modifications adopted by the Commission on the City’s certified Implementation Plan to implement amendments to the Land Development Code related to allowing moveable tiny houses as an accessory use. (AL-SD) Submit Comment | |||||||||
| 18. | Coastal Permit Applications | ||||||||
| a. | Application No. 6-22-0017 (SD Co. Dept. of Parks and Rec. waterfront park, San Diego) |
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| Report | Exhibits | Correspondence Addendum | |||||||
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Application of San Diego County Department of Parks and Recreation to replace public garden with active recreation amenities in northeast corner of Waterfront Park on 16.6 acre lot, at 1600 Pacific Highway, San Diego, San Diego County. (SL-SD)Submit Comment
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| 19. | Revised Findings | ||||||||
| a. | City of San Diego LCP Amendment No. LCP-6-SAN-19-0142-2 (Fiesta Island) |
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| Report | Exhibits | ||||||||
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Consideration of findings in support of Commission’s action on June 10, 2021 to approve the City of San Diego’s Mission Bay Park Master Plan LUP Update with suggested modifications, San Diego, San Diego County. (AL-SD) Submit Comment
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| Statewide | |||||||||
| Closed Session | |||||||||
| At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including: | |||||||||
| AMJT Capital LLC, et al. v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| Beach Sandpit, LLC v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| Bookout, et al. v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| California Coastal Commission v. North County Transit District, et al., Govt. Code § 11126(e)(2)(A) | |||||||||
| Carmel Valley Centre Drive, LLC v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| Casa Mira Homeowners Association, et al. v. CCC, et al., Govt. Code § 11126(e)(2)(A) | |||||||||
| Cotsen, et al. v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| Friends, Artists, & Neighbors of Elkhorn Slough, et al. v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| Hadian, et al. v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| McCarthy v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| North Coast Railroad Authority, Docket No. AB 1305X (Surface Transportation Board), Govt. Code § 11126(e)(2)(A) | |||||||||
| North County Transit District v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| Pappas, et al. v. State Coastal Conservancy, et al. , Govt. Code § 11126(e)(2)(A) | |||||||||
| Samuel Lawrence Foundation v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| Santa Monica Bayside Owners Association v. City of Santa Monica, et al. , Govt. Code § 11126(e)(2)(A) | |||||||||
| Tibbitts v. CCC, et al., Govt. Code § 11126(e)(2)(A) | |||||||||
| Wall, et al. v. CCC, Govt. Code § 11126(e)(2)(A) | |||||||||
| The Commission is authorized to discuss these matters in a closed session pursuant to Government Code Sections 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code Section 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code Section 11126(a). | |||||||||
| Statewide | |||||||||
| 20. | Approval of Minutes Motion and Vote |
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| November 2021 | |||||||||
| 21. | Commissioners' Reports |
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| 22. | Commission Sub-Committee Reports |
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| 23. | Conservancy Report |
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| 24. | Santa Monica Mountains Conservancy Report |
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| 25. | Santa Monica Bay Restoration Report |
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| 26. | Deputy Attorney General's Report |
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| Future Meetings: The next meetings of the Coastal Commission will be July 13-15, 2022, & August 10-12, 2022. |
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