What matters to me today is a Notable and Rare Coastal Commission Smackdown.
In a rare rebuke of the California Coastal Commission, the California Supreme Court recently reaffirmed a foundational principle of California land use law: local governments should retain primary responsibility for planning their own communities. In Shear Development Co. v. California Coastal Commission, the Court emphasized that, under the Coastal Act, “the Commission and local governments share responsibility for planning coastal development,” but went on to uphold the local agency’s approval in the face of a Commission challenge.
San Luis Obispo County adopted a Local Coastal Program (LCP). After the County approved a modest infill housing project in Los Osos as consistent with the LCP, two Coastal Commissioners appealed the County’s own decision up to the Commission itself rather than respecting the County’s land use determination.
The Supreme Court ultimately concluded the Commission lacked appellate jurisdiction and reversed the denial of the project. While the Court recognized the important and legitimate jurisdiction of the Coastal Commission within the Coastal Zone, this opinion represents an extremely rare curtailment of the Commission’s exercise of authority in favor of local agency discretion.
The opinion also rejected the Commission’s last-minute effort to dismiss the case as moot after the County adopted a new Local Coastal Plan during the appeal, presumably fearing a judicial blow to its presumed scope of authority.
In the midst of California’s statewide housing crisis, the message is significant: even within the Coastal Zone, local governments and state agencies alike must reasonably evaluate and accommodate the housing needs of a growing population.
That’s what matters to me today in 250 words or less. What matters to you? I’d really like to know.