RECENT CALIFORNIA DECISIONS

October 2004

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Unnecessary Preparation of Environmental Impact Report by Santa Barbara County Did Not Waive CEQA Exemption for Local Coastal Plan Amendment
Santa Barbara County Flower and Nursery Growers Association, Inc. v. County of Santa Barbara, ___Cal.App.4th___

Addressing a creative challenge to the adequacy of an environmental impact report (EIR), the Court of Appeal for the Second District held that the preparation of an EIR by the County of Santa Barbara in connection with the certification of proposed amendments to the county’s local coastal plan (LCP) did not waive the exemption of the LCP from the California Environmental Quality Act (CEQA), and did not require that the county prepare an EIR in compliance with CEQA’s detailed requirements. The court also held that because the California Coastal Commission (Coastal Commission) was not a party to the action, and because the Coastal Commission had not made a final determination approving or disapproving the LCP amendments, it was without authority to make a determination as to the legality or illegality of the Coastal Commission’s conduct.