Citizens for Beach Rights v. City of San Diego

Good Law
10 Cal. App. 5th 1301·2017 Cal. App. LEXIS 365·217 Cal. Rptr. 3d 316·2017 WL 1410699
Court of Appeal of CaliforniaMarch 28, 2017D069638California5,596 words

Opinion

Lead Opinion

Nares, J.

*1303 In 2006, the City of San Diego (City) obtained a Site Development Permit (SDP) to construct a new lifeguard station on Mission Beach. The SDP stated that failure to utilize the permit within 36 months of its issuance would automatically void the permit. Over the ensuing years, the City worked to secure a permit from the California Coastal Commission (Commission) and to obtain funding for the project. Largely because of the economic downtown, the City struggled to find financing for the project and no construction occurred until 2015. In January of that year, the City notified nearby residents that its contractor would begin construction on the lifeguard station in March. The City issued building permits in April and its contractor began initial work on the project, then stopped before the summer moratorium on beach construction. In August 2015, before the end of the moratorium, Citizens for Beach Rights (Citizens) brought a petition for writ of mandate and claim for declaratory relief seeking to halt construction on the grounds that the SDP issued in 2006 had expired.

The trial court agreed with Citizens and issued a permanent injunction, preventing further construction…

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