Linovitz Capo Shores LLC v. California Coastal CommissionAnnotate this Case
Appellants owned beachfront mobilehomes in Capistrano Shores Mobile Home Park located in the City of San Clemente. Each of their mobilehomes was a single-story residence. Between 2011 and 2013, appellants each applied for, and received, a permit from the California Department of Housing and Community Development (HCD) to remodel their respective mobilehome. Appellants also applied for coastal development permits from the Coastal Commission. Their applications expressly indicated they were not addressing any component of the remodels for which they obtained HCD permits, including the addition of second stories. Rather, their coastal development permit applications concerned desired renovations on the grounds surrounding the mobilehome structures, including items such as carports, patio covers, and barbeques. Appellants completed their remodels at various times between 2011 and 2014. The parties disputed whether appellants received, prior to completion of construction, any communication from the Coastal Commission concerning the need for a coastal development permit for their projects.In February 2014, the Coastal Commission issued notices to appellants that the then-complete renovation of their residential structures was unauthorized and illegal without a coastal development permit. Faced with a potential need to demolish, at minimum, completed second-story additions to their mobilehomes, appellants unsuccessfully petitioned for a writ of mandate declaring that the coastal development permits were deemed approved by operation of law under the Permit Streamlining Act. In denying the petition, the trial court concluded the Coastal Commission had jurisdiction to require appellants to obtain coastal development permits and the prerequisite public notice to deemed approval under the Streamlining Act did not occur. Appellants contended on appeal that the trial court erred in both respects. The Court of Appeal concluded appellants’ writ petition should have been granted. "The Coastal Commission has concurrent jurisdiction with the California Department of Housing and Community Development over mobilehomes located in the coastal zone. Thus, even though appellants obtained a permit from the latter, they were also required to obtain a permit from the former. The Coastal Commission’s failure to act on appellants’ applications for costal development permits, however, resulted in the applications being deemed approved under the Streamlining Act." Accordingly, the Court reversed and remanded the matter with directions to the trial court to vacate the existing judgment and enter a new judgment granting appellants’ petition.