San Mateo County Coastal Landowners' Ass'n v. County of San Mateo

Introduction

In November 1986, San Mateo County voters enacted Measure A, “The Coastal Protection Initiative,” amending the county’s local coastal program, making further amendments to the local coastal program essentially conditional upon voter approval (with limited exceptions) and providing that the county board of supervisors, by a four-fifths majority, may submit proposed amendments to the voters.

Appellant coastal landowners and nonprofit organizations representing coastal landowners, farmers, and others allege Measure A is subject to numerous constitutional and statutory defects. However, at the core of their challenge are the dual contentions that Measure A (1) deals with a matter of statewide concern and therefore may not properly be the subject of a local initiative, and (2) conflicts with the California Coastal Act of 1976 in that it frustrates a legislatively designed regulatory scheme of public hearings, public participation, and consultation between local agencies and the California Coastal Commission (Commission). The recent California Supreme Court opinion in DeVita v. County of Napa (1995) 9 Cal.4th 763 [ 38 Cal.Rptr.2d 699 , 889 P.2d 1019 ] and Yost v.…