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SOUTHERN CALIFORNIA RECORD

Saturday, September 28, 2024

Homeowners' Association Sues County Over Walkway Construction Obligations

State Court
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Casa Blanca Beach Estates Owners’ Association has filed a complaint against the County of Santa Barbara and the California Coastal Commission. The complaint was filed in the Court of Appeal of the State of California, Second Appellate District, Division Six, on May 30, 2024.

The Casa Blanca Beach Estates Owners’ Association (Casa Blanca) is seeking declaratory relief regarding its obligation to construct a beach access walkway. This obligation stems from an offer to dedicate recorded in 1990. The trial court ruled that Casa Blanca failed to exhaust its administrative remedies and entered judgment in favor of the County of Santa Barbara and the California Coastal Commission.

The roots of this case date back over three decades when the County of Santa Barbara Planning Commission approved a 12-lot oceanfront subdivision in Carpinteria. As part of this approval, Casa Blanca’s predecessor-in-interest was required to provide an irrevocable offer to dedicate a lateral access easement for public beach access and construct a concrete walkway within 180 days after acceptance of the offer. The County accepted this offer in 2011. However, by 2017, both the County and Commission alleged that Casa Blanca had missed the deadline for constructing the walkway.

In response to these allegations, Casa Blanca submitted construction plans but was informed it needed a coastal development permit from the Commission. Despite applying for this permit, their application was deemed incomplete by the Commission. This led to years of back-and-forth between Casa Blanca and the Commission without resolution.

By September 2018, Casa Blanca filed a complaint for declaratory relief against both entities and petitioned for writ of mandate against the County. They claimed they had exhausted all administrative remedies available to them. During litigation in May 2019, Casa Blanca appealed but later withdrew its appeal at the request of the Commission staff.

In November 2019, cross motions for summary judgment were heard by the court. The trial court granted summary judgment in favor of the County on all causes of action while denying Casa Blanca’s motion. One month later, further complications arose when portions of their proposed walkway were found to encroach on tidal lands as per a preliminary determination by the State Lands Commission.

Despite filing a second amended complaint adding allegations against the Commission in February 2021, which was subsequently demurred by them on grounds that administrative remedies were not exhausted, Casa Blanca continued its legal battle without success.

Casa Blanca argues that their claim is ripe because they have exhausted all available administrative remedies or are excused from doing so due to unreasonable delays or halts by Commission staff. They seek remand directing whether they are currently obligated to construct said walkway.

The attorneys representing Casa Blanca include Sherman L. Stacy, Lisa A. Weinberg, and Rebecca A. Thompson from Gaines & Stacey LLP. Representing defendants are Brian Pettit from Santa Barbara County Counsel’s Office and Rob Bonta along with his team from Attorney General's Office for California Coastal Commission including Daniel A Olivas Christina Bull Arndt Elizabeth S St John

Case ID: No B3814102

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