Sacramento Report: California Coastal Commission ‘Untouchable’ No More

California’s Supreme Court last week determined the California Coastal Commission overstepped its authority in blocking a San Luis Obispo County housing construction permit, the latest blow to the agency following years of criticism for its role in blocking housing along nearly 900 miles of the Pacific Coast.

The 7-0 decision reversed the commission’s vote to block a developer from building four homes in Los Osos over habitat and water safety concerns. It changes little about the commission’s authority and governance, but comes after a series of pro-development appointees at the behest of Gov. Gavin Newsom and criticism that it has overstepped its 1976 charter to protect the coast from environmental degradation.

The judges said the commission didn’t have the authority to override the county’s coastal zoning laws.

The decision won’t have “significant implications for the commission’s program or authority,” spokesperson Joshua Smith said in a statement. 

Attorneys representing homebuilder Tim Shea said the ruling signals a broader willingness from the judicial branch to check the commission’s powers.

“For decades, both in the Legislature and in the courts, the commission was largely untouchable,” said Jeremy Talcott, an attorney with Pacific Legal Foundation, which represented Shea. “And, as we’ve seen now in both places, that’s no longer the case.”

Back in 2020, the commission appealed a permit the county had granted for Shear Development Co. to build four Los Osos homes because of water quality issues and concerns the construction would damage the local habitat in the sparsely populated, unincorporated town. 

Counties create their own coastal development with approval from the commission. San Luis Obispo and San Diego — which has the state’s largest coastal zone — both have commission-approved coastal plans. Typically the commission doesn’t interfere once those plans are in place. However, the commission can override local permits in special cases where it thinks the county is violating the state Coastal Act. 

The state Supreme Court said the commission exceeded its authority by blocking Shea’s project. A 2024 bill, Senate Bill 951, by San Francisco state Sen. Scott Wiener supports the court’s interpretation.

“Neither the County nor the Commission, as local and state entities respectively, should have greater deference accorded to their interpretations of the Coastal Act,” Chief Justice Patricia Guerrero wrote. All but one of the court’s justices were appointed by Democratic governors.

Housing advocates lauded the ruling as another blow to the commission’s authority.

Colin Parent, chief executive officer of Circulate San Diego, said the particulars of the ruling were less important than the court’s decision to take the case at all.

“This is just another example of a very important branch of California government weighing in favor of seeing some changes,” Parent said, following Newsom’s recent appointments and legislation seeking to curb its authority.

In October, Newsom appointed Jaime Lee, a wealthy Los Angeles real estate developer, to the commission and in May, Assembly Speaker Robert Rivas appointed Chula Vista Councilmember Jose Preciado. Preciado has been a vocal critic of the commission blocking  housing and supports more development.

State lawmakers continue to seek to chip away at the commission’s authority. Chula Vista Assemblymember David Alvarez authored a law last year, Assembly Bill 357, that loosens building restrictions for coastal student housing.

What I’m Reading Now

A bill to make it easier for San Diego to build a new stadium was amended to circumvent a court order that had blocked the stadium’s proposed height, The San Diego Union-Tribune writes.

Republican officials in El Cajon are suing over state laws limiting local authorities’ cooperation with federal immigration agents, from CBS 8.

The Los Angeles Times speaks to the underdog candidates in the race to lead the nation’s second-biggest city.

Thanks for reading the Sacramento Report, as always. Please reach me with any questions or comments: nadia@voiceofsandiego.org.

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