Remmenga

Remmenga v. California Coastal Commission

Good Law
163 Cal. App. 3d 623·1985 Cal. App. LEXIS 1521·209 Cal. Rptr. 628
Court of Appeal of CaliforniaJanuary 14, 1985B004110California3,304 words

Opinion

Opinion

Willard, J.

This case raises questions concerning the constitutionality of sections 30610.3 and 30610.8 of the Public Resources Code. Appellants sought a writ of mandate from the trial court to compel the California Coastal Commission to issue a development permit without payment of the $5,000 fee required by section 30610.8. They appeal from the trial court’s denial of their petition. We find the statutes compatible with the state and federal Constitutions and affirm.

Facts

The Hollister Ranch subdivision comprises approximately 14,000 acres of land in Santa Barbara County, fronting on the Pacific Ocean for about 8V2 miles. It contains 135 lots, averaging more than 100 acres each in size. Within the subdivision there are no public roads and public access to the area from public roads is barred by armed guards. Visits to the adjoining beach by the general public have been limited to persons arriving by boat or walking below the high tide line from Gaviota State Beach at the relatively few times of the year when tides permit.

Petitioners acquired their 106-acre lot in 1977. It is located more than a mile from the coast. Each lot owner has a nonexclusive easement to use the ranch…

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