Natural Resources Defense Council, Inc. v. California Coastal Zone Conservation Commission

This appeal concerns the validity of certain “devel-" opment” permits issued by respondent California Coastal Zone Conservation Commission (hereafter “Commission”) under authority of the California Coastal Zone Conservation Act of 1972 (hereafter sometimes the “Act”) found in Public Resources Code sections 27000-27650, inclusive. The permits authorized construction of 15 homes on lots owned by the individual real parties in interest of this appeal, in a subdivision called “Sea Ranch” located on the northernmost coast of Sonoma County.

Hereafter statutory references, unless otherwise noted, will be to the appropriate sections of the Act as they appear in the Public Resources Code.

The Act was an initiative measure approved by the state’s electors in 1972. Its purpose and policy were stated as follows:

“The people of the State of California hereby find and declare that the California coastal zone is a distinct and valuable natural resource belonging to all the people and existing as a delicately balanced ecosystem; that the permanent protection of the remaining natural and scenic resources of the coastal zone is a paramount concern to present and future residents of the…

I concur in the foregoing decision. I fully agree that where the agency is charged with refraining from issuing a permit until it has found that the development will not have any substantial adverse environmental or ecological effect (Pub. Resources Code, § 27402, subd. (a)), that it is not necessary to secure an environmental impact report under the provisions of C.E.Q.A. The record of the commission of course must sustain a finding that the development will not have such an. effect.

The fundamental question here is whether the commission has properly disregarded the consequences which will result from the total population to be sustained if the subdivision of which applicants’ lots are a part is fully built out. It seems to me that at some point a beginning must be made to avoid what appears to be the inevitable conflict between the results of that build out and the environmental purposes and objectives set forth in the California Coastal Zone Conservation Act of 1972. It would appear preferable to make that beginning at this time. I reluctantly acknowledge that the interim nature of the permit power prevents a permanent solution with these applications. In doing so I consider…

Arata, Misuraca & Clement, Misuraca & Beyers, Malcolm A. Misuraca and James L. Beyers for Real Parties in Interest and Respondents.

OPINION

ELKINGTON, J.

This appeal concerns the validity of certain "development" permits issued by respondent California Coastal Zone Conservation Commission (hereafter "Commission") under authority of the California Coastal Zone Conservation Act of 1972 (hereafter sometimes the "Act") found in Public Resources Code sections 27000-27650, inclusive. The permits authorized construction of 15 homes on lots owned by the individual real parties in interest of this appeal, in a subdivision called "Sea Ranch" located on the northernmost coast of Sonoma County.

Hereafter statutory references, unless otherwise noted, will be to the appropriate sections of the Act as they appear in the Public Resources Code.

The Act was an initiative measure approved by the state's electors in 1972. Its purpose and policy were stated as follows:

"The people of the State of California hereby find and declare that the California coastal zone is a distinct and valuable natural resource belonging to all the people and existing as a delicately balanced ecosystem; that the…