Coastal Commission exerting power over legal lots after Abernathy v Solano

[mbstanton]

This is just an open warning to anyone working on legal lot issues within the Coastal Zone.

In Abernathy Valley Inc v County of Solano (2009), the Court of Appeal found that maps recorded prior to 1929 may not create legally valid lots unless, that applicant could prove that the agency reviewed and approved the "design and improvement" of the subdivision. Another shocking aspect of this case is that the Court found an "alternative interpretation" of SMA 66499.35 which allows the agency to simply "deny" an appliction for a Certificate of Compliance. This is in direct conflict with the Map Act which states that the agency "shall" issue a Certificate of Compliance or Conditional Certificate of Compliance.

I have been involved in 2 cases recently involving Coastal Development Permits, where the Coastal Commision is challenging the legality of lots created on pre 1929 lots, even though a local agency (i.e. City or County) has already issued a Certificate of Compliance. They are denying the CDP citing the Abernathy case as justification. They (the CCC) are including themselves as an "agency" even though they have no juristiction to issue Certificates.

This likely won't be resolved until someone takes this issue to the Supreme Court.

Michael Stanton, PLS

[land butcher]

It's amazing how govt agencies and the courts are totally ignoring the law, nothing new but seems to be a feeding frenzy lately.