Court Says Coastal Commission Can Prevent Development Cal Chamber February 14, 2008

The California Coastal Commission may act on its own to designate an area as environmentally sensitive habitat and, in effect, prevent development, even if there is no certified local coastal program, according to the 2nd Appellate District Court.

In the case of Douda v. California Coastal Commission, the court said the commission has the power to unilaterally designate environmentally sensitive habitat areas and thereby prevent development before the certification of a local coastal program.

Commission Power

The court said that the coastal commission has the power to prevent development on property several miles from the ocean on the grounds that the development will impair scenic and visual resources of a coastal zone that extends further inland.

The commission denied the application filed by Milos Douda and Trisha Douda for a coastal development permit to build a home, finding that their property contains an environmentally sensitive habitat area that has not been designated in the Los Angeles County land use plan, and that the proposed development would impair scenic and visual resources.

The commission staff also concluded that the proposed development would prejudice the ability of Los Angeles County to prepare a local coastal program for the Santa Monica Mountains and that the California Environmental Quality Act required less invasive proposals. The commission denied the DoudasÕ application by a vote of 8-0.

Coastal Act

Under the California Coastal Act of 1976, each local government must either prepare a local coastal program for the portion of the coastal zone within its jurisdiction, or request that the commission prepare it.

In 1986, Los Angeles County adopted a land use plan for the coastal zone in the Santa Monica Mountains. The commission certified the land use plan. But the commission never approved any implementing ordinances or zoning maps for the land use plans, and Los Angeles County does not have a certified local coastal program in the Santa Monica Mountains.

The land use plan provides for the additional designation of environmentally sensitive habitat areas in unspecific areas through review of regional plant and animal life by an agency issuing a permit. The commission retained permitting authority. bhenry@nctimes.com