Cave Landing, LLC v. Cal. Coastal Com.

Filed 8/18/23 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

CAVE LANDING, LLC, 2nd Civ. No. B322976 (Super. Ct. No. 21CV-0215) Plaintiff and Appellant, (San Luis Obispo County)

v.

CALIFORNIA COASTAL COMMISSION,

Defendant and Respondent.

The County of San Luis Obispo (County) grants a permit to move an easement on a property in the coastal zone. The California Coastal Commission (the Commission) denies the permit. The Commission’s authority supersedes the County. This appeal arises under the California Coastal Act of 1976 (Coastal Act). (Pub. Res. Code,1 § 30000 et. seq.) Property owners sought a coastal development permit to move an easement for a public hiking trail from their parcel to a contiguous parcel. The terms of the easement grant prohibited

1 All further statutory references are to the Public

Resources Code unless otherwise indicated.

removing the portion of existing trail from the property. A cease and desist order from the Commission prohibited property owners from interfering with the public’s use of the existing trail on their parcel. The local government, however, granted the property owners application for a coastal development permit. On appeal, the Commission denied the permit. The trial court denied the property owners’ petition for writ of administrative mandate challenging the Commission’s action. We affirm. The Commission enforces the Coastal Act. Its authority overrides the County. FACTS Robert and Judith McCarthy’s property (the McCarthy Parcel) is located on an underdeveloped knoll overlooking the ocean between Avila Beach and Pismo Beach in the County. The Ontario Ridge Trail (Trail) is a popular hiking trail that crosses the McCarthy parcel. Express Easement In 2009, the parcel the McCarthys eventually purchased, and a contiguous parcel, were owned by San Miguelito Partners. In that same year, the McCarthys acquired an option to purchase their parcel. A week later San Miguelito Partners granted the County an easement (easement) across the McCarthys’ future parcel allowing access to and over the Trail. The easement grant provides in part: “The Access Easements may be relocated at Grantor’s reasonable discretion and at Grantor’s sole cost and expense to a location on Grantor’s property that Grantor and Grantee shall reasonably agree.” The County recorded the easement on December 18, 2009. On April 14, 2010, the McCarthys entered into an agreement with the County that their anticipated acquisition of