Cave Landing, LLC v. Cal. Coastal Com.
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The County of San Luis Obispo granted a permit to move an easement on a property in the coastal zone. However, the California Coastal Commission denied the permit. The trial court found in the Commission's favor.
The County appealed under the California Coastal Act of 1976( Coastal Act). The CoastalAct establishes a “coastal zone,” defined by an official map and generally extending from the mean high tide line landward 1000 yards. Every city or county with jurisdiction over lands within the coastal zone is required to create a “local coastal program” to implement the provisions and policies of the Coastal Act.
The Commission has de novo review authority over the County’s grant of the permit. Here, because the Commission denied the McCarthys’ permit on appeal, the development was not authorized pursuant to the Coastal Act. Thus the Second Appellate District affirmed the trial court's order.
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