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DOCUMENTS and LINKS. From the First District Court of Appeal in San Francisco.
>>> 2024. On 12/11/2024 Oral argument and a final decision will be heard (Oral Argument Calendar and webcast link). Note: Links for live webcasts will appear for the scheduled event approximately ~15 minutes before start. Court Case Information for A168645 (case number)
From the Midcoast Community Council website curated by Lisa Ketcham.
Casa Mira Litigation: The California Coastal Act limits the use of shoreline armoring to serve coastal-dependent uses or to protect existing structures. At issue in Casa Mira litigation is whether “existing” is defined as when the Coastal Act was enacted in 1977, or later, at the time of permit application for coastal armoring. The final decision will have significant consequences for the future of the California coast. (5/19/23 Grist article)
- 2019. California Coastal Commission (CCC) decision denied a section of seawall proposed to protect the Coastal Trail west of Casa Mira condominiums on Mirada Rd (7/11/2019 revised findings). The Commission approved the seawall only where needed to protect the pre-Coastal-Act 3-story apartment building at 2 Mirada (built in 1972), but not for the Casa Mira condominiums (built mid 1980’s), nor for the Coastal Trail which can be rerouted east of the condos to Mirada Rd. Casa Mira sued the CCC.
At the CCC’s July 11, 2019 meeting, they approved the seawall proposal by the residents of 2 Mirada Rd, and the Casa Mira (condominium) HOA. There was a significant amendment, based largely on the request and comments of Surfrider to limit the seawall to not include the extension to attempt to protect the Coastal Trail, because of the precedent that would set. The amendment passed 8-2, and the overall motion passed unanimously.
The video of this part of the meeting starts at 6 hours 37 minutes, and runs for about 15 minutes. Agenda/Staff Report Item #8; Exhibits location and construction details. - 2019. Superior Court of the State of California in and for the County of San Mateo: Casa Mira vs CCC (19-CIV-04677) petitions/complaints (08/12/2019 and 12/13/2019) to overturn the 2019 CCC decision that effectively denied the seawall.
- 2021. Superior Court of the State of California in and for the County of San Mateo: Casa Mira vs CCC & City of Half Moon Bay (21-CIV-03202), petition and complaint (6/9/21), challenge of CCC approval of HMB’s 2020 amendment to its Local Coastal Program.
- 2023. Superior Court of the State of California in and for the County of San Mateo: Trial court issued 1/10/23 tentative decision to grant the petition. CCC has authorized an appeal (9/1/23 JD Supra article).
- 2024. On 9/11/24 the Surfrider Foundation filed an amicus curiae (“friend of the court”) brief in support of the CCC’s regulatory authority, and legal mandate, to protect beaches from new coastal armoring.
- >>> 2024. On 12/11/2024 Oral argument and a final decision will be heard (Oral Argument Calendar and webcast link). Note: Links for live webcasts will appear for the scheduled event approximately ~15 minutes before start.
Will the Casa Mira HOA Seawall Lawsuit Win, Changing the Definition of “Existing” Development, Allow the City of Pacifica’s Seawall Revetment, or will the California’s Coastal Commission’s Appeal Process, over Time, be their Greatest Condemnation Weapon?
Author: Coastside Buzz
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