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San Diego, City of v. California Coastal Comm'n

Citation: 11 ELR 20957
No. No. 22741, 174 Cal. Rptr. 5, (Cal. Ct. App., 05/12/1981)

The court upholds the California Coastal Commission's denial of appellant's coastal development permit application for a road project that would require the filling of a portion of the Los Penasquitos Lagoon's wetlands, finding the Commission's decision is supported bysubstantial evidence. The proposed project consists of realigning and widening a portion of the Carmel Valley Road adjacent to the lagoon, which is one of the last natural coastal wetlands in San Diego County. Initially, the court rules that its role, like that of the trial court, is to determine whether appellee's decision is supported by substantial evidence. Next the court rules that there is substantial evidence to support the Commission's findings that the proposed project would not be in conformity with the goals and policies of the California Coastal Act of 1976 and would prejudice the ability of the local government to prepare a local coastal program. In addition, the Commission's determination that the project would have a significant adverse environmental impact upon the wetlands within the meaning of the California Environmental Quality Act and that feasible alternatives exist is supported by substantial evidence in the environmental impact report.

Counsel for Plaintiff
John W. Witt, City Attorney; Ronald L. Johnson
233 A St., Suite 300, San Diego CA 92101
(714) 236-6220

Counsel for Defendant
George Deukmejian, Attorney General; Timothy R. Patterson, Ass't Attorney General
110 A St., Suite 600, San Diego CA 92101
(714) 237-7351

COLOGNE, Acting P.J., and WORK, J., concur.