Coalition of Concerned Communities, Inc. v. City of Los Angeles

Opinion

CHIN, J. Government Code section 65590, subdivision (d) (section 65590(d)), part of the Mello Act, provides that “[n]ew housing developments constructed within the coastal zone” shall provide housing for those with low or moderate income where feasible. We must decide whether this provision applies to a proposed project that is partly within the coastal zone but has no housing impacts within that zone. Because the purpose of the Mello Act is to provide for affordable housing based on housing impacts within the coastal zone, we conclude that section 65590(d) does not govern this project.

I. Facts and Procedural History

Real party in interest Catellus Residential Group (Catellus) proposes to develop approximately 45 acres of land near the Pacific Ocean in the Westchester-Playa del Rey area of Los Angeles. About 12 acres of the property is located within the California coastal zone. (See Pub. Resources Code, § 30103.)

Defendant City of Los Angeles (city) originally approved an earlier version of the proposed project. It concluded that the Mello Act’s affordable housing requirement did not apply because none of the proposed houses would be constructed within the coastal zone. Plaintiffs Coalition of Concerned Citizens, Inc., and Spirit of the Sage Council (collectively, Coalition) commenced the instant action in March 1999 by filing a petition for writ of mandate in the [736]superior court challenging the city’s approval of the project. As relevant here, the petition alleged that the project violated the Mello Act. (Gov. Code, §§ 65590, 65590.1.) After this action commenced, the Coastal Commission denied Catellus a coastal development permit. The trial court then stayed the instant action pending revision of the project.

Catellus revised the project. As currently proposed, the project includes 114 homes, all to be constructed outside the coastal zone, and about 19 acres of open space. The dissent in the Court of Appeal described the proposed construction within the coastal zone: “Proposed construction within the coastal zone includes the construction of part of an access road, widening of Lincoln Boulevard, construction of a public view park, and erosion control measures, all of which will involve the grading of a total of 2.31 acres of land within the coastal zone. A storm drain and water, sewer, and other utility lines also are to be constructed in or under the access road and partly within the coastal zone.”