Venice Coal. to Pres. Unique Cmty. Character v. City of L. A.

242 Cal. Rptr. 3d 288, 31 Cal. App. 5th 42
CourtCalifornia Court of Appeal, 5th District
DecidedJanuary 9, 2019
DocketB285295
StatusPublished
Cited by11 cases

This text of 242 Cal. Rptr. 3d 288 (Venice Coal. to Pres. Unique Cmty. Character v. City of L. A.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Venice Coal. to Pres. Unique Cmty. Character v. City of L. A., 242 Cal. Rptr. 3d 288, 31 Cal. App. 5th 42 (Cal. Ct. App. 2019).

Opinion

STRATTON, J.

*46INTRODUCTION

Appellants Venice Coalition to Preserve Unique Community Character and Celia R. Williams alleged in a complaint filed in Los Angeles County Superior Court that the City of Los Angeles engaged in a pattern and practice of illegally exempting certain development projects in Venice from permitting requirements in the Venice Land Use Plan and in the California Coastal Act. The trial court granted summary judgment as to all causes of action, and Venice Coalition, et al., appeal. As we find that the City is entitled to judgment as a matter of law, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In February 2016, appellants Venice Coalition to Preserve Unique Community Character and Celia R. Williams (Venice Coalition) filed a complaint for declaratory and injunctive relief against respondents the City of Los Angeles and Department of City Planning for the City of Los Angeles (City). The complaint alleged violations of due process under the California Constitution, and violations of the California Coastal Act (Coastal Act), the Venice Land Use Plan (LUP), and the California Code of Civil Procedure. The first cause of action alleged the City engaged in a pattern and practice of approving development projects without affording the community an opportunity for notice and a hearing. The second cause of action alleged the City failed to ensure all development projects complied with the requirements of the LUP. The third cause of action alleged the City acted in excess of its authority by issuing exemptions from the California Coastal Act's requirement that development projects obtain Coastal Development Permits (CDP's). The fourth cause of action alleged the exemptions granted by the City were unauthorized under Public Resources Code section 306101 of the Coastal Act. The fifth cause of action asked the *291court to enjoin the City from using taxpayer funds to illegally issue permitting exemptions.

The City filed a motion for judgment on the pleadings, which the trial court denied. The City then filed a motion for summary judgment, which the trial court granted.

Venice Coalition timely appealed the court's grant of summary judgment as to the first, second, fourth, and fifth causes of action. Venice Coalition is not challenging the grant of summary judgment as to the third cause of action.

*47DISCUSSION

A. Standard of review

We review a trial court's grant of summary judgment de novo, "considering all the evidence set forth in the moving and opposition papers except that to which objections have been made and sustained." ( Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 334, 100 Cal.Rptr.2d 352, 8 P.3d 1089.) We liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party. ( Miller v. Department of Corrections (2005) 36 Cal.4th 446, 460, 30 Cal.Rptr.3d 797, 115 P.3d 77.)

Summary judgment is warranted if all the papers submitted show that there is no triable issue as to any material fact such that the moving party is entitled to judgment as a matter of law. ( Code Civ. Proc., § 437c, subd. (c).) A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Id. , subd. (f)(1).)

The moving party "bears the burden of showing the court that the plaintiff 'has not established, and cannot reasonably expect to establish, a prima facie case.' " ( Miller v. Department of Corrections, supra, 36 Cal.4th at p. 460, 30 Cal.Rptr.3d 797, 115 P.3d 77.) The burden then shifts to the plaintiff to show the existence of a triable issue; to meet that burden, the plaintiff " ' "may not rely upon the mere allegations or denials of its pleadings ... but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to that cause of action." ' " ( Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 274, 42 Cal.Rptr.3d 2, 132 P.3d 211.)

B. Regulatory Background

The City employs two different, but parallel, processes to approve or deny all development projects in the Venice community. One involves the Venice specific plan which governs all development in Venice. The other process is pursuant to the Coastal Act, with which all development in Venice must also comply. To comply with the specific plan, all development projects in Venice must either undergo a project permit compliance review, or a determination that a review is not required. To comply with the Coastal Act, all development projects in Venice must obtain a CDP or an exemption from the CDP requirement.

1. The Coastal Act

The California Coastal Act of 1976 is a comprehensive scheme governing land use planning for the entire coastal zone of California. ( *48Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles (2012) 55 Cal.4th 783, 793, 149 Cal.Rptr.3d 383, 288 P.3d 717 ( Pacific Palisades

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Cite This Page — Counsel Stack

Bluebook (online)
242 Cal. Rptr. 3d 288, 31 Cal. App. 5th 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/venice-coal-to-pres-unique-cmty-character-v-city-of-l-a-calctapp5d-2019.