City of Malibu v.California Commission

SUMMARY

In this case, we decide the California Coastal Commission (Coastal Commission) acted in excess of its jurisdiction when it approved amendments to a city’s certified local coastal program at the request of state agencies, over the objections of the city, where the amendments were not requested to undertake a public works project or energy facility development, but instead changed the city’s land use policies and development standards as they would apply to future plans for development within the city. Having found the Coastal Commission exceeded its authority by amending the city’s certified local coastal program for such purposes, we need not decide whether the trial court erred in finding the Coastal Commission was required to comply with the 30-day public review period applicable to environmental impact reports under the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.), rather than with the seven-day period provided in the Coastal Commission’s regulations.

FACTUAL AND LEGAL BACKGROUND

The city in this case is Malibu. The state agencies proposing changes to the land use policies and development standards in Malibu are the Santa…