News & Analysis as of

Coastal Real Estate California Coastal Commission

Perkins Coie

City’s Interpretation of its Ordinance Regarding Coastal Development Permit Requirement for Attached ADU Was Not Entitled to...

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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...more

Nossaman LLP

Adapting to Climate Change, Inland

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Managed retreat—the process of moving people and property away from the shoreline—is an unpopular but increasingly accepted response to rising sea-levels. In the inaugural issue of Nossaman’s California Water Views – 2023...more

Mintz

Coronado is making a risky bet that the Coastal Commission will save it from State housing laws

Mintz on

It's no secret that the wealthy enclave of Coronado is flouting State housing laws. What's remarkable is that it is hoping the Coastal Commission will come to its rescue....more

Downey Brand LLP

Second District Rejects CEQA and Coastal Act Challenge to Senior Facility in Pacific Palisades Area of Los Angeles

Downey Brand LLP on

In Pacific Palisades Residents Association, Inc. v. City of Los Angeles et al. (March 8, 2023, Case No. B306658) __ Cal.App.2d __, the Second District issued a strong opinion affirming the trial court’s ruling that a proposed...more

Nossaman LLP

Podcast: Planning and Funding Climate Resilient California Coastal Infrastructure

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According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more

Latham & Watkins LLP

California Coastal Commission Concurs With BOEM’s Consistency Determination for Morro Bay WEA

Latham & Watkins LLP on

The action marks the clearance of another significant hurdle toward BOEM’s offshore wind lease sales in federal waters offshore California, anticipated to occur this fall. In the first half of 2022, the Bureau of Ocean...more

Perkins Coie

Ban on Short-Term Rentals Required Coastal Commission Approval

Perkins Coie on

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...more

Holland & Knight LLP

Court of Appeal Enforces Permit Streamlining Act in California Coastal Zone

Holland & Knight LLP on

In Linovitz Capo Shores LLC v. Calif. Coastal Commission (Linovitz Capo), California's Fourth District Court of Appeal applied and reconciled three different statutes. The first, the California Mobilehome Parks Act...more

Cozen O'Connor

Coastal Communities Require Permits from Coastal Commission and from HCD for Mobile Home Construction

Cozen O'Connor on

In a landmark ruling last week, the California Court of Appeal held that park owners and residents in coastal manufactured housing communities must obtain permits from the California Coastal Commission (CCC), as well as from...more

Nossaman LLP

Sea Level Rise Professionals Opine on Potential Impacts of SLR for California

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On May 27, Nossaman’s Water Industry Group hosted a webinar to discuss the potential impacts of sea level rise on infrastructure and private property, as well as current legislation seeking to address the impacts of sea level...more

Nossaman LLP

Does California Legislation’s Proposed Voluntary Coastal Property Acquisition Program Address Sea Level Rise?

Nossaman LLP on

For those of you who missed our recent webinar, "Living on the Edge: Managing Sea Level Rise in California", you can find a recording of the event posted at this link to our website. My colleagues Ben Rubin and John Erskine...more

Best Best & Krieger LLP

Beware of Coastal Act Violations: Court Upholds Coastal Commission’s Authority to Impose up to $20 Million Penalty

Property Owner’s Beach Access Case - The California Legislature gave sharper teeth to the Coastal Act in 2014 by authorizing the Coastal Commission to impose a staggering penalty against any person in violation of the...more

Allen Matkins

Sustainable Development and Land Use Update - August 2020

Allen Matkins on

Manhattan Beach’s short-term rental ban voided until state Coastal Commission approves - The Beach Reporter – July 30 - The Los Angeles Superior Court late last month voided Manhattan Beach’s short term rental law,...more

Nossaman LLP

Can’t Sue Here – Federal Court Closed to Takings Claim

Nossaman LLP on

Since the U.S. Supreme Court’s decision in Knick v. Township of Scott (2019) 139 S.Ct. 2162 eliminated the requirement for a plaintiff to exhaust state court remedies before pursuing a takings challenge in federal court,...more

Perkins Coie

No Coastal Development Permit Required Where Coastal Commission Had Certified City’s Local Coastal Program

Perkins Coie on

The City of San Diego was not required to obtain a coastal development permit for a transitional housing project because the Coastal Commission had certified the City’s local coastal program, whose provisions therefore...more

Nossaman LLP

Emergencies and the Coastal Act

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In the past, the Coastal Commission has taken a very negative view on any limitations of public beach access. In fact, one can say that the Commission has been downright aggressive in pursuing what it perceived to be...more

Nossaman LLP

Financial Liability & Legal Issues for Cities Related to Sea Level Rise

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Sea Level Rise is a critical issue facing public agencies and property owners throughout the U.S.  In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater treatment...more

Nossaman LLP

Is California Coming for Your Beach House?

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Yes, but the sea might beat them to it. In 2015, the California Coastal Commission adopted the Sea Level Rise Policy Guidance. This Guidance document discusses a number of potential measures for responding to sea level rise,...more

Perkins Coie

Court Upholds San Diego Convention Center Expansion

Perkins Coie on

A court of appeal has rejected Coastal Act and CEQA challenges to the Coastal Commission’s approval of expansions at the San Diego Convention Center. San Diego Navy Broadway Complex Coalition v. California Coastal Commission,...more

Nossaman LLP

Martin’s Beach Saga Continues With California’s New Lawsuit

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On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more

Perkins Coie

Conditions for Coastal Development Approvals Must Be Reasonably Tailored to Accomplish Their Intended Purpose

Perkins Coie on

The Fourth District Court of Appeal held that that while most of the California Coastal Commission’s conditions for construction of a home on an oceanfront lot were reasonable, a requirement that the home be removed from the...more

Nossaman LLP

Martin's Beach - The Public Taking that Almost Was, and Still May Be

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The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Nossaman LLP

When Does the California Coastal Act Bar a Takings Challenge?

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In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more

Nossaman LLP

Sea-Level Rise, Managed Retreat, and Eminent Domain in California

Nossaman LLP on

Thanks to all of you who were able to attend Nossaman’s Coastal Law Conference last week.  If you missed the event, I provided an update on sea-level rise, managed retreat, and potential eminent domain / regulatory takings...more

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