Casa Mira Homeowners Association v. California Coastal Commission

The California Court of Appeal agreed with the California Coastal Commission that condominiums and a sewer line built in Half Moon Bay in 1984 were not entitled to shoreline armoring under the California Coastal Act. The appellate held that the phrase “existing structures” in the provision that specifies circumstances in which seawalls or other armoring infrastructure are permitted referred to structures that existed prior to the Coastal Act’s effective date of January 1, 1977. The court said “[t]his interpretation effectuates the Coastal Act’s goal to “[a]nticipate, assess, plan for, and, to the extent feasible, avoid, minimize, and mitigate the adverse environmental and economic effects of sea level rise within the coastal zone.” The court therefore reversed the portion of a trial court’s decision that vacated the Commission’s denial of a request to build a seawall to protect the condominium and sewer line. The appellate court affirmed, however, the portion of the trial court’s decision that found that no substantial evidence supported the Commission’s conclusion that shoreline armoring was not necessary to protect a segment of the California Coastal Trail.

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