City of Dana Point v. California Coastal Commission

I.

INTRODUCTION

These appeals stem from two consolidated cases related to a project to develop a

large parcel of coastal land (the Project) within the City of Dana Point (the City). The

parcel on which the Project is located is subject to the California Coastal Act of 1976

2 (Coastal Act) (Pub. Resources Code, § 30000 et seq.)1 The Project includes

approximately 125 luxury home sites on an oceanfront slope.2 The home sites are to be

situated between a newly created public park at the top of the slope and a newly

dedicated public beach at the bottom of the slope. Public access trails run through the

residential portion of the Project, linking the public park at the top of the slope with the

beach below.

As portions of the Project neared completion, including the new public park at the

top of the slope, the City adopted an ordinance that mandated limited hours of operation

for the trails at the Project site that traverse the partially completed residential

subdivision, and the installation of pedestrian gates on those trails. Several individuals

and an entity filed administrative appeals of the ordinance with the Commission (the

Commission). In ruling on the appeals,…

*174 Opinion

I.

INTRODUCTION

These appeals stem from two consolidated cases related to a project to develop a large parcel of coastal land (the Project) within the City of Dana Point (the City). The parcel on which the Project is located is subject to the California Coastal Act of 1976 (Coastal Act) (Pub. Resources Code, § 30000 et seq.) 1 The Project includes approximately 125 luxury homesites on an oceanfront slope. 2 The homesites are to be situated between a newly created public park at the top of the slope and a newly dedicated public beach at the bottom of the slope. Public access trails run through the residential portion of the Project, linking the public park at the top of the slope with the beach below.

As portions of the Project neared completion, including the new public park at the top of the slope, the City adopted an ordinance that mandated limited hours of operation for the trails at the Project site that traverse the partially completed residential subdivision, and the installation of pedestrian gates on those trails. Several individuals and an entity filed administrative appeals of the ordinance with the California Coastal Commission (the Commission). In…

I disagree with three aspects of the majority’s opinion. First, the majority mischaracterizes the relief the City of Dana Point (the City) sought in its petition for a writ of mandate and complaint for injunctive relief. The face of the City’s petition and complaint is quite clear: it only seeks a determination that under Public Resources Code 1 section 30005, subdivision (b), the California Coastal Commission (the Commission) lacks the power to determine the validity of the City’s nuisance ordinance. Nothing in the City’s petition can be interpreted as requesting the trial court to determine the ultimate question of whether the ordinance is valid.

Second, and more importantly, the majority improperly requires the City establish that its ordinance was valid. The City’s ordinance is presumptively valid, and the City was not required to establish the validity of its ordinance before enforcing the separation of powers principles embodied in section 30005, subdivision (b). Rather, by its terms, section 30005, subdivision (b) plainly placed that burden on the Commission. I note the Commission could *211 have brought a cross-complaint challenging the validity of the City’s ordinance or…