Ross

Ross v. California Coastal Commission

Good Law
133 Cal. Rptr. 3d 107·199 Cal. App. 4th 900·2011 Cal. App. LEXIS 1286·41 Envtl. L. Rep. (Envtl. Law Inst.) 20283
Court of Appeal of CaliforniaSeptember 9, 2011No. B225796California18,003 words

Opinion

Lead Opinion

Turner, J.

I. INTRODUCTION

A governmental entity with beachfront property within its borders must adopt a local coastal program. A local coastal program or any amendments thereto are subject to approval by the California Coastal Commission (the commission). Public Resources Code section 21080.5, subdivision (a), which is part of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.), permits the Secretary of the Resources Agency (the secretary) to certify an administrative agency’s regulatory program. The secretary’s certification extends to the preparation of written documentation supporting an environmental decision. Public Resources Code section 21080.5, subdivision (d)(2)(B), (D), (F) and (3), and California Code of Regulations, title 14, section 15252, subdivision (a) of the Guidelines for Implementation of the California Environmental Quality Act (Guidelines) specify certain procedural substantive requirements for a certified program’s environmental documentation with reference to a local coastal program as well as other planning decisions. Once the secretary certifies a local coastal program, written documentation supporting the commission’s approval…

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