In Friends v. Cal. Coastal Commission (Nov. 15, 2021, H048088, H04809) __ Cal.App.5th __ [2021 Cal.App. LEXIS 1038], the Sixth District Court of Appeal found that the California Coastal Commission (Coastal Commission) violated CEQA by approving a coastal development permit without making specific findings about project alternatives and mitigation measures pursuant to the Coastal Commission’s
In Linovitz Capo Shores LLC v. California Coastal Commission (2021) 65 Cal. App. 5th 1106, the Fourth District Court of Appeal found that the California Coastal Commission’s (Commission) failure to act on a series of mobilehome renovation permits constituted an approval under the Permit Streamlining Act, despite the fact the Commission’s notice did not specify that the permits may be deemed approved if the agency failed to timely act on them. In reaching this conclusion, the Court disproved of the First District’s opinion, Mahon v. County of San Mateo (2006) 139 Cal.App.4th 812 (Mahon), resulting in a circuit split. The Court held that the required notice is what is required by statutory, constitutional, and decisional law under the circumstances.