Union Oil Co. v. South Coast Regional Commission

Opinion

ALLPORT, J.

In 1958, pursuant to an order of the Board of Harbor Commissioners of the City of Los Angeles (Board) and Construction and Lease Agreement No. 485 between the Board and Union Oil Company of

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California (Union), the latter constructed and thereafter operated an oil terminal for offloading deep draft oil carrying tankers at Berth 46 in Los Angeles Harbor. On December 17, 1976, Berth 46 was partially destroyed when the

S. S. Sansinema

exploded while moored at this berth. The damage rendered Berth 46 incapable of serving as a tanker terminal pending its being rebuilt. (We use the word rebuilt advisedly in view of the issue presented on appeal.) Union prepared and submitted plans and specifications to the harbor department for the rebuilding which consisted of “restoration to essentially original specifications without any addition to, enlargement of or expansion of Berth 46 and wherever possible utilizing or retaining undamaged or salvageable portions thereof. Within such physical repair will be included partial replacement and modernization.” The department determined this activity to be exempt from the permit requirements of the California Environmental Quality Act because it was found to be an “[ejmergency repair to a public service facility necessary to maintain service” under Public Resources Code section 21080, subdivision (b)(2); and, because the activity was found to be categorically exempt under Public Resources Code section 21084, California Administrative Code, title 14, section 15102, subdivision (b) and class 2 of the Los Angeles City CEQA Guidelines. Union then sought a determination from the South Coast Regional Commission (Commission) that the work necessary to put Berth 46 back into operation was a “repair” within the meaning of Public Resources Code section 30610, subdivision (c) and hence was excluded from permit requirements of the California Coastal Act of 1976. Commission thereafter met and without notice to Union determined that the project was not a repair and sent notice that a coastal development permit would be required. Union then filed the instant petition for a writ of mandamus to compel the Commission to order that Union’s activity in restoring Berth 46 was excluded from the permit requirements of the act under Public Resources Code section 30610, subdivision (c) or that the Board’s action be declared void and that Union’s activities be deemed as a matter of law “repairs” excluded from the permit requirements. From the foregoing and other findings of fact, the trial court concluded as follows: