Hubbard

Hubbard v. Coastal Comm'n

Good Law
250 Cal. Rptr. 3d 397·38 Cal. App. 5th 119
Court of Appeal of CaliforniaJuly 31, 2019B249835California6,934 words

Opinion

Lead Opinion

Willhite, J.

*123 Under the California Coastal Act ( Pub. Resources Code, § 30000, et seq. ), anyone wishing to build a development in the coastal zone must obtain a coastal development permit (CDP) from the California Coastal Commission (Commission) or, if a local coastal program (LCP) has been certified by the Commission, from the applicable local government agency. ( Pub. Resources Code, § 30600, subds. (a) - (d).) This case involves the interpretation of a regulation, Title 14, California Code of Regulations, section 13105, subdivision (a), 1 which provides the grounds on which the Commission may revoke a CDP based on inaccurate, erroneous or incomplete information in the CDP application. Section 13105, subdivision (a) provides: "Grounds for revocation of a permit shall be: [¶] (a) Intentional inclusion of inaccurate, erroneous or incomplete information in connection with a coastal development permit application, where the commission finds that accurate and complete information would *124 have caused the commission to require additional or different conditions on a permit or deny an application."

Here, there was no certified LCP in place. The Commission granted a CDP to Real Party in…

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