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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.

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Virtual Hearing Procedures

Virtual Hearing Procedures in Spanish

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1. CALL TO ORDER and ROLL CALL
2. VIRTUAL MEETING PROCEDURES
3. Agenda Changes
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.
5.  Chair report
Statewide
6. Executive Director's Report
  a. Executive Director's Report
                 
    Submit Comment
  b.  Commission Correspondence
                 
    Consideration and potential action on Commission correspondence. Submit Comment
  c. Legislative Report
    Report            
   

Status and possible action on pending legislation. (JA/SC-SF) Submit Comment

Motion and Vote

  d. Report: Historic Roots of Housing Inequity
    Report            
    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
    Report Exhibits          
    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
    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 
7. Administrative Calendar
  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
  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.

Consent Calendar (removed from Regular Calendar)

Motion and Vote

Enforcement
10. Enforcement Report
    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
     
    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
    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 
  b. City of Laguna Beach LCP Amendment No. LCP-5-LGB-22-0016-1
    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)
    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 
14. Coastal Permit Applications
  a. Application No. 5-21-0722 (City of Newport Beach, Newport Beach)
    Report Exhibits          
   

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

Motion and Vote

  b. Application No. 5-21-0739 (Greer, Newport Beach)
    Report Exhibits          
    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)
                 
    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 
  d. Application No. 5-21-0903 (Las Vegas Beach House LLP, San Clemente)
     
    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 
  e. Application No. 5-22-0042 (Hormuth Revocable Trust, San Clemente)
     
    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 
15. Permit Amendments
  a. Application No. 5-95-230-A3 (Scaife, San Clemente)
     
    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 
San Diego Coast District
16. Deputy Director's Report
    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).
    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
    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
    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)
    Report Exhibits Correspondence        
   

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

Motion and  Vote

19. Revised Findings
  a. City of San Diego LCP Amendment No. LCP-6-SAN-19-0142-2 (Fiesta Island)
    Report Exhibits          
   

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

Motion and Vote

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
    November 2021            
21. Commissioners' Reports
22. Commission Sub-Committee Reports
23. Conservancy Report
24. Santa Monica Mountains Conservancy Report
25. Santa Monica Bay Restoration Report
26. Deputy Attorney General's Report
   
Future Meetings:

The next meetings of the Coastal Commission will be July 13-15, 2022, & August 10-12, 2022.