Union Oil Co. v. South Coast Regional Commission

In 1958, pursuant to an order of the Board of Harbor Commissioners of the City of Los Angeles (Board) and Construction and Lease Agreement No. 485 between the Board and Union Oil Company of California (Union), the latter constructed and thereafter operated an oil terminal for offloading deep draft oil carrying tankers at Berth 46 in Los Angeles Harbor. On December 17, 1976, Berth 46 was partially destroyed when the S. S. Sansinema exploded while moored at this berth. The damage rendered Berth 46 incapable of serving as a tanker terminal pending its being rebuilt. (We use the word rebuilt advisedly in view of the issue presented on appeal.) Union prepared and submitted plans and specifications to the harbor department for the rebuilding which consisted of “restoration to essentially original specifications without any addition to, enlargement of or expansion of Berth 46 and wherever possible utilizing or retaining undamaged or salvageable portions thereof. Within such physical repair will be included partial replacement and modernization.” The department determined this activity to be exempt from the permit requirements of the California Environmental Quality Act because…