• Land Use Attorney Capitola

Posts Tagged ‘coastal development’

CASE UPDATE: There Are No ‘Comply Under Protest’ Provisions For Coastal Permit Applications.

In Lynch v. California Coastal Commission, (2014) 229 Cal.App.4th 658, the court of appeal held that a coastal permit applicant could not submit to coastal permit conditions of approval and reserve the right to challenge them in court later. The plaintiffs owned neighboring bluff-top homes in Encinitas, and they applied to the City and the Coastal Commission for permits to reconstruct a seawall, a mid-bluff geogrid protection structure, and a private stairway.

While the application was pending, a severe storm caused the bluff below one of the owner’s houses to collapse and destroyed portions of the existing structures. The Commission granted the permit but with special conditions that precluded building the lower part of the stairway, limited the permit to 20 years, and required the owners to record deed restrictions consistent with these conditions. Instead of challenging the permit conditions right away, the owners submitted to the conditions and recorded the deed restriction.

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Miles J. Dolinger
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