Encinitas Country Day School, Inc. v. California Coastal Commission

In the published portion of this opinion, we address the appeal by the California Coastal Commission (Commission) and the San Elijo Lagoon Conservancy (Conservancy) of the trial court’s issuance of a writ holding the Commission’s denial of a permit was invalid because the Commission failed to timely rule within the 49-day jurisdictional period of Public Resources Code section 30625 whether a “substantial issue” existed such that the Commission should hear the appeal of the permit. We hold the Commission’s action in this case of merely opening the hearing within the 49-day period and continuing the matter beyond the 49-day period failed to comply with section 30625. The Commission was required to determine within the 49-day period whether a substantial issue existed, including whether the project was within the geographical boundaries of the Commission’s appellate jurisdiction. We therefore affirm the issuance of the writ.

In the unpublished portion of this opinion, we find it unnecessary to reach the question of whether the project was within the Commission’s geographic appellate jurisdiction on the basis the project was located between the first public road (Manchester…