Village v. California Coastal Zone Conservation Commission

This is an appeal by the California Coastal Zone Conservation Commission (Commission) from the granting of a peremptory writ of mandate ordering Commission to set aside its decision denying the Marina Village (Marina) an exemption from the permit provisions of the Coastal Act and to reinstate the decision of the South Coast Regional Commission (Regional Commission) granting an exemption for Marina’s development.

On May 11, 1973, Marina filed with Regional Commission an application for exemption from permit provisions for construction, including a 600-unit condominium on lot 1 of tract 26853 and an industrial park and 461 condominium units on tract 25635. Both tracts are located in the Marina del Rey area of the City of Los Angeles. The hearing on the application was held on June 11 and the application was granted. Thereafter two notices of appeal were filed; one on June 22, 1973, and the other on June 28, 1973.

A hearing was held by,Commission on August 1, 1973. Commission approved Marina’s application for exemption of tract 26853 and denied its claim for exemption for the construction of structures on tract 25635. Approximately one month later, on September 5,…