Coronado Yacht Club v. California Coastal Commission

The California Coastal Commission (Commission) appeals a judgment issuing a peremptory writ of mandate (Code Civ. Proc., § 1085) commanding the San Diego Unified Port District (Port District) to issue the coastal development permit previously approved by its Board of Port Commissioners to the Coronado Yacht Club (Club), and issuing a peremptory writ of administrative mandamus (Code Civ. Proc., § 1094.5) directing the Commission to set aside its appellate decision to issue its own conditional coastal development permit to the Club. The court reasoned that by the time the Commission issued its decision on appeal it no longer had jurisdiction to act upon the challenge to the Port District’s approval of the Club’s coastal development permit pursuant to Public Resources Code section 30625.

The Commission contends it retained jurisdiction over the Port District permit decision appeal by opening its hearing on the appeal within 49 days of the filing of the appeal as required by sections 30621 and 30625, although once it found the appeal raised a substantial issue it continued further hearing to a date beyond the 49 days’ limitation. Alternatively, the Commission asserts the…