City of Malibu v. Santa Monica Mountains Conservancy

Here we hold that the Santa Monica Mountains Conservancy is subject to local land use regulation. (Pub. Resources Code, § 33008.)

Appellant City of Malibu (City) seeks to regulate commercial uses on 22 acres of property within its boundaries owned by respondent Santa Monica Mountains Conservancy (Conservancy), a state agency. It filed an action to obtain a declaration that the Conservancy is not immune from local regulation and an injunction to prohibit commercial use of the property until an alleged violation of the California Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq.) is resolved.

The trial court granted summary judgment to the Conservancy and denied the injunction. Under compulsion of Public Resources Code section 33008, we reverse the judgment on the declaratory relief action. Because the alleged Coastal Act violation is pending before the Coastal Commission, we let stand the judgment denying the injunction.

Facts

The facts are undisputed. In 1993, Barbra Streisand donated her 22-acre estate on Ramirez Canyon Road in the City to the Conservancy. The Conservancy was created by the Santa Monica Mountains Conservancy Act, Public Resources Code…