People Ex Rel. San Francisco Bay Conservation & Development Commisson v. Smith

— We uphold an injunction under the McAteer-Petris Act (Gov. Code, § 66600 et seq.; the Act) against the offshore mooring of certain vessels in Richardson Bay as constituting “fill” for which permits from the San Francisco Bay Conservation and Development Commission (BCDC) are required under section 66632, subdivision (a) of the Act. We also reverse the denial of relief against the mooring of one other vessel.

Background

This action began as one for writ of mandate and declaratory relief against the Richardson Bay Regional Agency (a local joint powers agency), its constituent local governments of Mill Valley, Sausalito, Tiburón, Belvedere and Marin County, and some local officials. Vessel owners and operators suing as individuals and unincorporated associations calling themselves “The Mariners of Richardson Bay” and “Richardson Bay Community Association” filed suit in March 1988 to bar enforcement of a regional agency ordinance (No. 87-1) which, among other things, prohibited the offshore mooring of residential-use vessels in Richardson Bay and Belvedere Cove for periods longer than 30 days. BCDC intervened as a defendant to protect its interest in enforcement of the…