Citizens for a Better Eureka v. California Coastal Commission

*1580 Opinion

A developer planned an extensive marina project on a 43-acre site near Humboldt Bay in the City of Eureka (City). This case concerns the jurisdiction of the California Coastal Commission (Commission) over phase 1 of the proposed mixed-use development project. The City, having issued nuisance abatement orders concerning the site, finally issued a coastal development permit (CDP) for phase 1. The CDP has been appealed to the Commission. Plaintiff Citizens for a Better Eureka (CBE) is challenging the Commission’s appellate jurisdiction over the CDP.

At issue is Public Resources Code section 30005, subdivision (b), 1 which states no provision of the California Coastal Act of 1976 (§ 30000 et seq.; Coastal Act) “is a limitation . . . : HQ . . . [H (b) On the power of any city ... to declare, prohibit, and abate nuisances.” We interpret this statute to authorize developments that are confined to nuisance abatement to proceed without a CDP. Where, as here, the development includes, but is not limited to, nuisance abatement, a CDP is required. Because a CDP is required, the Commission has jurisdiction to determine the CDP appeal. Consistent with these conclusions, we…