ELR Citation: ELR 20099
No(s). G040745 (Cal. App. 4th Dist. Apr 30, 2009)

A California appellate court reversed a lower court decision dismissing residents' motion challenging the California Coastal Commission's approval of coastal development permits for two unimproved residential lots. The case involves apparently inconsistent sections of the California Environmental Quality Act (CEQA) and the California Coastal Act of 1976. A lower court ruled that the 60-day statute of limitations set forth in Cal. Pub. Resources Code §30801 barred the residents' challenge. But the residents argued that the appropriate statute of limitations is set forth at Cal. Pub. Resources Code §21080.5(g), pertaining to CEQA exemptions. This section states that the limitations period doesn't run until the filing of the notice of approval with the Secretary of the Resources Agency. Here, the statutes at issue can be reconciled. Section 30801 applies to "any decision" by the Commission while §21080.5(g) covers a state agency's decision where it is alleged that "the plan or other written documentation . . . does not comply" with CEQA. Therefore, §21080.5(g) governs a limited type of attack on the Commission's rulings issued under CEQA's certified regulatory program exemption. The residents, therefore, may challenge the Commission's alleged noncompliance with the requirements set forth in Pub. Resources Code §21080.5. But to the extent they challenge the Commission's decision on grounds beyond what is specified in §21080.5(g), their claims are time barred.