The City of Malibu determined that an attached accessory dwelling unit (ADU) did not fall within the coastal development permit exemptions set forth in its local coastal program (LCP). The court overturned the City’s interpretation of its own LCP, finding the ADU exempt from the coastal permit requirement. Riddick v. City of Malibu, No.
The court upheld the authority of the California Coastal Commission to decide appeals of coastal development permits under a de novo standard of review. Cave Landing LLC v. California Coastal Commission, 94 Cal. App. 5th 654 (2023).
The McCarthys owned a parcel in the coastal zone of San Luis Obispo County that was subject
The Court of Appeal held that a writ petition asserting potential CEQA violations concerning the Campus Town project, a significant development project in Monterey County, was untimely because it was filed after the fixed end date of the COVID 19-related Emergency Rule 9(b) tolling period established by the Judicial Council. Committee for Sound Water v.
The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that requires Coastal Commission approval. Darby T. Keen v. City of Manhattan Beach 77 Cal. App. 5th 142 (2022).
The
The Court of Appeal held that an action to set aside an ordinance restricting short-term vacation rentals on the ground of failure to obtain a Coastal Development Permit (CDP) was barred by the 90-day statute of limitations for challenges to adoption or amendment of zoning ordinances. Coastal Act Protectors v. City of Los Angeles,
The court of appeal found that the California Coastal Commission erred by approving a coastal development permit for a residential development before environmental review for the project had been completed. Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021).
The Commission’s staff
A California Court of Appeal held that the Coastal Commission and the Department of Housing and Community Development have concurrent jurisdiction over mobilehomes located in the coastal zone and that proper notice of a public hearing is sufficient to meet notice requirements for approval due to agency inaction under the Permit Streamlining Act. Linovitz Capo
A city’s ban on short-term vacation rentals in the coastal zone constitutes “development” under the California Coastal Act. Therefore, the Coastal Commission must first approve a coastal development permit, an amendment to the city’s certified local coastal program, or an amendment waiver before such a ban can be imposed. Kracke v. City of Santa Barbara
Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No. B304964 (2nd Dist., March 18, 2021).
Felkay purchased an ocean-front lot with the intention of building a residence. The
Three months ago, the Fourth District Court of Appeal upheld a Coastal Commission fine of $1 million on homeowners who performed major reconstruction on their Malibu home without obtaining coastal permits and refused to halt construction after notification of the violation by Commission staff. (See our report: Coastal Commission Order to Homeowners to Remove Seawall