Coastal Southwest Development Corp. v. California Coastal Zone Conservation Commission

California Coastal Zone Conservation Commission (Commission) has appealed from a judgment mandating Commission to grant a permit to Coastal Southwest Development Corporation (Southwest), petitioner in the proceeding in mandate, for construction of a nine-story Holiday Inn motel with 187 motel units, restaurant, coffee shop, meeting facility, and 250 parking spaces in the City of Oceanside (City).

The site of the proposed construction is on a bluff overlooking the sea in the general vicinity of the small boat harbor of City, toward the northern boundary of City, and the mouth of the San Luis Rey River north of which the property lies.

It comprises four parcels, three of them under a common ownership, for the purchase of which Southwest obtained an option on December 1, 1972. On June 6, 1973, Southwest entered into a conditional contract for the purchase of the fourth parcel from Sandman Motels, Inc. (Sandman). The total area of the four parcels was slightly over five acres.

Sandman had obtained a building permit from City prior to November 1972 for the building of a motel, and as provided in section 27404 had obtained a vested right to proceed with that construction.…