City of Dana Point v. California Coastal Commission (217 Cal. App. 4th 170, 2013)

Opinion

AARON, J.

I.

INTRODUCTION

These appeals stem from two consolidated cases related to a project to develop a large parcel of coastal land (the Project) within the City of Dana Point (the City). The parcel on which the Project is located is subject to the California Coastal Act of 1976 (Coastal Act) (Pub. Resources Code, § 30000 et seq.) The Project includes approximately 125 luxury homesites on an oceanfront slope. The homesites are to be situated between a newly created public park at the top of the slope and a newly dedicated public beach at the bottom of the slope. Public access trails run through the residential portion of the Project, linking the public park at the top of the slope with the beach below.

As portions of the Project neared completion, including the new public park at the top of the slope, the City adopted an ordinance that mandated limited hours of operation for the trails at the Project site that traverse the partially completed residential subdivision, and the installation of pedestrian gates on those trails. Several individuals and an entity filed administrative appeals of the ordinance with the California Coastal Commission (the Commission). In ruling on the appeals, the Commission concluded that the limited hours of operation for the trails and the gates require a coastal development permit under the Coastal Act (§ 30600, subd. (a)).

The dispute in this case centers around whether the installation of the gates and the limited hours of operation for the trails fall within the City’s nuisance abatement powers under the Coastal Act and therefore does not require a coastal development permit, or instead, exceeds those powers and thus requires that the City seek a coastal development permit in order to undertake such development.

The City filed an action (City’s Case) seeking to set aside the Commission’s decision and restrain any future attempt on the part of the Commission to exercise jurisdiction over the development mandated by the ordinance. The City contended that the Commission lacked jurisdiction over its actions because the limited hours of operation and installation of the gates were required to abate nuisance conditions at the site, and the Coastal Act provides that no provision of the act is a limitation on “the power of any city or county or city and county to declare, prohibit, and abate nuisances” (§ 30005, subd. (b)). The City argued that the statute deprived the Commission of all jurisdiction under the Coastal Act to prohibit development mandated by the nuisance abatement ordinance for the sole reason that the City claimed that it was acting pursuant to section 30005, subdivision (b). The City sought declaratory relief, including declarations that “the Coastal Commission lacks jurisdiction under Coastal Act section 30005[, subdivision] (b) to place limitations on the enforcement of the Nuisance Abatement Ordinance,” and that “the adoption of the Nuisance Abatement Ordinance did not require any City ‘coastal development permit application.’ ” The City also requested that the trial court enjoin the Commission “from undertaking any enforcement action arising from said ordinance.” In sum, the City asked the trial court to rule that the City was legitimately exercising nuisance abatement powers under section 30005, subdivision (b) and that the Commission therefore lacked jurisdiction to restrict any action that the City might take pursuant to those powers.

Surfrider Foundation (Surfrider), a nonprofit environmental organization, filed a separate action (Surfrider Case) against the City in which Surfrider claimed that the Commission had jurisdiction over the development mandated by the ordinance, and that the development violated the Coastal Act and various land use regulations governing the Project, including the City’s local coastal program (see § 30500). Surfrider also claimed that the City lacked a rational basis for adopting the ordinance and that the ordinance impinged on various state and federal constitutional rights of the public.

In the City’s Case, the trial court invalidated the Commission’s determination that the development mandated by the ordinance required a coastal development permit. The trial court reasoned that section 30005, subdivision (b) divests the Commission of jurisdiction over such development, “regardless of the merits” of the validity of the City’s nuisance declaration. The court granted the City’s request for declaratory relief, and stated, “[T]he . . . Commission lacks jurisdiction under Coastal Act section 30005[, subdivision] (b) to place limitations on the enforcement of the Nuisance Abatement Ordinance,” and “the adoption of the Nuisance Abatement Ordinance did not require any city ‘coastal development permit application.’ ” The court also issued a judgment and a writ of mandate against the Commission. The Commission filed an appeal in the City’s Case.

In the Surfrider Case, the trial court concluded that the City had acted arbitrarily and capriciously in the manner by which it declared a nuisance at the Project. The court entered a judgment stating that the ordinance was “invalid and void insofar as there was no properly declared nuisance and/or the manner of abatement was excessive.” Both the City and Headlands appealed in the Surfrider Case.

In its appeal, the Commission claims that it had administrative appellate jurisdiction pursuant to section 30625 to consider the appeals of the City’s ordinance. Section 30625 provides that “any appealable action on a coastal development permit or claim of exemption for any development by a local government . . . may be appealed to the commission by an applicant, any aggrieved person, or any two members of the commission.” (§ 30625, subd. (a).) The Commission also contends that the trial court erred in interpreting section 30005, subdivision (b) as restraining the Commission from taking future actions with respect to the development mandated by the ordinance.

We conclude that the trial court properly invalidated the Commission’s determination that the development mandated by the ordinance requires a permit. The Commission lacked administrative appellate jurisdiction under section 30625 to consider the appeals of the ordinance because a municipality’s enactment of an ordinance does not amount to an “appealable action” (§ 30625, subd. (a)) from which an administrative appeal to the Commission may be taken. However, we also conclude that the trial court erred in restricting the Commission from exercising jurisdiction over the development mandated by the ordinance without first determining in the City’s Case whether the City was acting properly within the scope of its nuisance abatement powers reserved to it pursuant to section 30005, subdivision (b). Because the City asked the trial court to order the Commission to halt any action that would interfere with the City’s nuisance abatement measures, the City was required to establish that it was exercising that authority legitimately. More specifically, we hold that before a municipality may obtain a writ of mandate restraining the Commission from exercising jurisdiction over development that the municipality has authorized pursuant to section 30005, subdivision (b), the municipality must demonstrate that it has exercised its nuisance abatement powers in good faith, in that the municipality has not utilized these powers as a pretext for avoiding its obligations under its own local coastal program. We remand the matter to the trial court for a determination of whether the City properly exercised its nuisance abatement powers in this case, in light of our interpretation of section 30005, subdivision (b).

The trial court’s conclusion in the Surfrider Case that the City acted arbitrarily and capriciously in enacting the ordinance suggests that on remand in the City’s Case, the court is likely to conclude that the City’s claim that it enacted the ordinance in order to abate a nuisance is pretextual, and thus, that the Commission may exercise jurisdiction over the gates and hours of operation. Any future proceedings by the Commission against the City that are authorized by the trial court’s ruling on remand in the City’s Case are likely to moot the constitutional issues raised in the Surfrider Case. For this reason, we conclude that the appeals in the Surfrider Case should be held in abeyance pending a final resolution of the issues in the City’s Case.

n.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Project

In 2002, the City proposed amending its local coastal program to allow the development of the Project.

In January 2004, after requiring modifications to bring the local coastal program amendment into conformity with the Coastal Act, the Commission approved the- local coastal program amendment. The modifications included a provision that states, “Public beaches and parks shall . . . maximize hours of use to the extent feasible, in order to maximize public access and recreation opportunities. Limitations on time of use . . . shall be subject to a coastal development permit.”

The local coastal program amendment required that the Project include various trails from the park to the beach, including two trails, referred to as the “Mid-Strand” and “Central Strand” trails (beach access trails), that run from the park, along streets through the proposed housing development, to the beach. With respect to gates, the local coastal program amendment provided: “Except as noted in this policy, gates, guardhouses, barriers, or other structures designed to . . . restrict access shall not be permitted upon any street (public or private) within the Headlands where they have the potential to limit, deter, or prevent public access to the shoreline, inland trails, or parklands. In the Strand residential area, gates, guardhouses, barriers, and other structures designed to regulate or restrict public vehicular access into the residential development may be authorized provided that 1) pedestrian and bicycle access from Selva Road [at the top of the Project near the park] and the County Beach parking lot through the residential development to the beach .remains unimpeded . . . .” (Italics added.)

The City subsequently adopted a plan entitled “The Headlands Development and Conservation Plan,” which incorporated the local coastal program policies pertaining to the hours of use of the beaches and gates at the Project, mentioned above. The City later approved a coastal development permit for the Project.

B. The City sets hours for the beach access trails and installs pedestrian gates at the entrance to the trails

In May 2009, prior to the public opening of the park and beach access trails, the City established that the trails would be open from 8:00 a.m. to either 5:00 p.m. or 7:00 p.m., depending on the time of year. The City also installed gates at the top of the beach access trails that precluded pedestrian access to the trails during hours that the trails were closed. In October 2009, the Commission discovered that the City had installed gates and that it intended to restrict the hours that the trails would be open to the public. The Commission informed the City that its adoption of restrictive hours of operation for the beach access trails and its installation of pedestrian gates at the trailheads constituted violations of the Coastal Act, the local coastal program, and the coastal development permit. The Commission demanded that the City rescind the restrictive hours of operation for the beach access trails and remove the gates. The Commission also informed the City that the City would have to seek an amendment to the local coastal program and a coastal development permit if it wished to adopt such restrictive hours of operation or install gates in the future.

C. The City adopts the nuisance abatement ordinance

In November 2009, the Commission sent a notice of violation letter to the City, informing the City that it could be subject to enforcement proceedings concerning the gates and the hours of operation on the trails. After the City and the Commission engaged in further communications in an unsuccessful attempt to resolve the issue, the City Council held a meeting on March 22, 2010, at which it considered evidence pertaining to public safety issues at the Project. At this meeting, the City adopted an ordinance, ordinance No. 10-05 (Nuisance Abatement Ordinance), which declared that public nuisance conditions existed in the area of the beach access trails. The Nuisance Abatement Ordinance states, “In the absence of closure regulations, signs, and gates, restricting public access during closures . . . unlawful activities will occur within ... the general area of Mid-Strand Beach Access and Central Strand Beach Access.” The Nuisance Abatement Ordinance reestablished that the trails would be open from 8:00 a.m. to either 5:00 p.m. or 7:00 p.m., depending on the time of year, and that pedestrian gates would be used to enforce the hours of operation.

D. The Commission’s hearing

Three days after the City adopted the Nuisance Abatement Ordinance, the Commission issued a “Notification of Appeal Period,” advising the public that the ordinance could be appealed to the Commission. Three appeals were filed: one from a private citizen, Vonne M. Barnes, a second from Surfrider, and a third from two members of the Commission.

The City filed a letter brief in opposition to the appeals. In its brief, the City argued that the Commission lacked appellate jurisdiction to review a local government’s enactment of an ordinance. The City also argued that under section 30005, subdivision (b), the Commission lacked jurisdiction to review a local government’s nuisance abatement measures. In addition, the City argued that its enactment of the Nuisance Abatement Ordinance had been prompted by public safety conditions, and that the measures required by the ordinance were necessary to abate the nuisance conditions near the beach access trails.

On May 13, 2010, the Commission held a hearing at which it considered the appeals and the City’s opposition. At the hearing, the Commission considered whether “the installation of gates, and the establishment of hours of operations that restrict . . . accessways to the beach” in the Project were exempt from coastal permitting requirements under the Coastal Act. The Commission heard oral presentations from several individuals, including the Commission’s executive director, the city attorney for the City, Barnes, and representatives of Surfrider.

The city attorney argued that the Commission lacked jurisdiction to “second guess” the City’s Nuisance Abatement Ordinance, and that the concerns addressed by the ordinance represented a “real public safety issue.” The Commission’s executive director stated that the Nuisance Abatement Ordinance represented “a flagrant attempt to circumvent the public access policies of the Coastal Act, and circumvent the public access requirements that the Commission imposed on this project . . . .” The executive director added, “[B]ut for the public access that the City is now saying constitutes a nuisance, this project, I would guess[,] would not have been approved.”

Several commissioners made comments indicating their agreement with the executive director. For example, Commissioner Sara Wan stated: “[T]his Commission allowed the destruction of important environmentally sensitive habitat, it allowed the construction of a seawall, and the benefit was public access. [J[] But, from day one, the developer has made every attempt to close that access, and in fact, to never build it, and he came to this Commission in an attempt to get permission not to build it, and this, in my opinion, was a [w]ay for the City to get around the Commission’s requirement for that access . . . . [][] And, that is the danger of this kind of precedent, that any time a community decides they don’t want a public accessway, this is the pathway they can take, so it is very important we send a strong message, ... if you want to close the public accessway, you need to come to this Commission and need to appeal it in a way that if there are legitimate concerns, those concerns are dealt with, but also the public’s rights are protected, and that is the key here.”

At the conclusion of the hearing, the Commission unanimously denied “the claim of exemption for the proposed development, on the ground that the development is not exempt from the permitting requirements of the Coastal Act.”

On May 17, the Commission sent the City a letter instructing the City to remove the gates and suspend the restrictive closure hours. The letter stated that if the City failed to comply with the Commission’s directives, “Commission staff will have no choice but to pursue formal enforcement action to resolve this matter.”

E. The City’s petition and complaint

On May 24, the City filed a petition for writ of mandate and complaint for declaratory and injunctive relief in the Orange County Superior Court. In its petition and complaint, the City reiterated the arguments that it had made at the May 13 Commission hearing concerning its contention that the Commission lacked jurisdiction to consider the Nuisance Abatement Ordinance. The City maintained that the Commission’s assertion of jurisdiction over the “enforcement, scope or legality of the City’s nuisance abatement legislation” violated the separation of powers doctrine.

The City brought causes of action for traditional and administrative mandamus and sought declaratory and injunctive relief. In its prayer for relief, the City requested that the trial court order the Commission to vacate and set aside its actions taken on May 13, 2010, and issue a writ of mandate restraining the Commission from undertaking any future actions to submit the City’s Nuisance Abatement Ordinance to the Commission’s jurisdiction.

The City also requested that the court declare that the Commission “lacks jurisdiction under Coastal Act section 30005 [, subdivision] (b) to place limitations on the enforcement of the Nuisance Abatement Ordinance.” In addition, the City sought a declaration that the adoption of the Nuisance Abatement Ordinance did not require a coastal development permit application. Finally, the City requested a “stay and/or temporary restraining order, preliminary injunction and permanent injunction” barring the Commission from “undertaking any enforcement action arising from [the Nuisance Abatement Ordinance].”

F. The Surfrider petition and complaint

On June 17, Surfrider filed a petition for writ of mandate and complaint for declaratory and injunctive relief in which it argued that the City had violated the Coastal Act and its local coastal program by undertaking the development mandated by the Nuisance Abatement Ordinance. Surfrider raised numerous arguments in support of its contention that the Commission had jurisdiction over the development mandated by the Nuisance Abatement Ordinance, including that “[sjection 30005 is not a limitless exemption from Coastal Act permitting requirements declared in the name of ‘nuisance abatement.’ ” Surfrider also requested that the court declare that the “record fails to establish a public nuisance . . . .” In addition, Surfrider contended that the Nuisance Abatement Ordinance should be subjected to a heightened standard of judicial scrutiny because the ordinance violated both a state constitutional guarantee to “maximum beach access” as well as the right to free assembly guaranteed under the First Amendment to the United States Constitution.

Surfrider brought causes of action for traditional and administrative mandamus and sought declaratory and injunctive relief. Surfrider requested that the trial court direct the City to remove the gates as well as the signs advising the public of the restrictive hours at the Mid-Strand and Central Strand trailheads. Surfrider also requested that the court declare the Nuisance Abatement Ordinance void. In addition, Surfrider asked the court to order the City to apply to the Commission for a coastal development permit prior to attempting to undertake the development mandated by the Nuisance Abatement Ordinance.

G. The court’s consideration of the petitions/complaints

The trial court consolidated the City’s Case and the Surfrider Case and transferred the consolidated matter from the Orange County Superior Court to the San Diego County Superior Court. The parties lodged the administrative record related to the City’s adoption of the Nuisance Abatement Ordinance and the appeals of the ordinance before the Commission, and submitted additional briefing on the petitions/complaints. On April 28, 2011, the court held a hearing on the petitions/complaints.

H. The trial court’s rulings

1. The City’s petition and complaint

Two days before the hearing on the petitions/complaints, the trial court issued a tentative ruling that stated:

“The City’s petition sought a writ of mandate commanding the . . . Commission to vacate and set aside its actions taken on May 13, 2010, and restraining the . . . Commission from undertaking any further actions to enforce the . . . Commission’s May 13, 2010, decision.

“The Court’s tentative ruling is to grant this request finding that the . . . Commission lacked the jurisdiction to make a determination as to the appropriateness of the City’s finding of a nuisance. In reaching this result, the Court concludes that the . . . Commission’s actions in this regard were contrary to the express language of . . . section 30005[, subdivision] (b) providing that no provision of the Coastal Act shall limit ‘the power of any city ... to declare, prohibit, and abate nuisances.’

“In this case, the City has declared a nuisance in the area of Strand Vista Park and mandated enforcement of closure hours for the Mid-Strand and Central Strand access trails. The . . . Commission disagrees with the City’s findings of a nuisance and the manner of abatement.

“Regardless of the merits of the Commission’s arguments concerning the finding of a nuisance, the Court believes that the . . . Commission lacks jurisdiction to adjudicate this matter and that such issues are reserved for adjudication by the courts.

“Based on this finding, the Court believes the writ of mandate should issue as requested and further makes the findings at [paragraphs 2 and 3] of the City’s ‘Request for Relief’ ... of its petition.”

Through its incorporation of the City’s request for relief, the trial court indicated its intent to grant the following declaratory relief:

“a. [T]he . . . Commission lacks jurisdiction under Coastal Act section 30005[, subdivision] (b) to place limitations on the enforcement of the Nuisance Abatement Ordinance;

“b. [T]he . . . Commission lacks jurisdiction under [the] California Constitution, pursuant to the separation of powers doctrine, to adjudicate whether the City’s adoption of the Nuisance Abatement Ordinance was a legitimate and proper exercise of the City’s police power; and

“c. [T]he . . . Commission lacked jurisdiction to proceed with the ‘appeal,’ and thus lacks jurisdiction to proceed with any subsequent actions based upon the ‘appeal,’ because the adoption of the Nuisance Abatement Ordinance did not require any city ‘coastal development permit application.’ ”

The court also indicated its intent to restrain the Commission from taking “any further action to proceed with or to act upon the appeal of the Nuisance Abatement Ordinance or from undertaking any enforcement action arising from said ordinance.”

At the conclusion of the April 28 hearing on the petitions/complaints, the trial court confirmed its tentative ruling on the City’s writ petition and complaint, thereby granting the declaratory and injunctive relief described above.

On June 2, the court entered a judgment that states in relevant part: “[T]he . . . Commission’s actions taken on May 13, 2010 (i) determining that City Ordinance No. 10-05 (‘Nuisance Abatement Ordinance’), an urgency ordinance adopted by the City Council of the City of Dana Point, raised a substantial issue under the Coastal Act, and (ii) determining that the Nuisance Abatement Ordinance is not exempt from the Coastal Act’s permit requirements (collectively the ‘Commission’s May 13, 2010 Actions’), are invalid and void insofar as the . . . Commission lacks any jurisdiction over the City’s Nuisance Abatement Ordinance pursuant to . . . section 30005 [, subdivision] (b).”

That same day, the court issued a peremptory writ of mandate ordering the Commission to set aside its May 13, 2010 actions pertaining to the Nuisance Abatement Ordinance, and directing the Commission to “cease and desist from any actions to enforce or' otherwise attempt to submit the City’s Nuisance Abatement Ordinance to the jurisdiction of the . . . Commission.”

2. The Surfrider petition and complaint

After taking the Surfrider petition/complaint under submission, the trial court entered an order granting Surfrider’s request for declaratory relief. In its June 1 order, the court stated that an application of the “rational basis standard” revealed that the “City’s record fails to support a public nuisance,” and that “the [Nuisance Abatement Ordinance] should be set aside.” The court reasoned: “Having reviewed the record and considered the arguments of the parties, the Court believes the record was entirely lacking in evidentiary support for declaring a nuisance and that the City acted arbitrarily and capriciously in making such a declaration. Additionally, even if a nuisance existed the Court finds the City acted arbitrarily and capriciously in the manner by which it abated the purported nuisance and that the manner of abatement was entirely lacking in evidentiary support.”

On July 29, the Court entered a judgment that stated that the Nuisance Abatement Ordinance is “invalid and void insofar as there was no properly declared nuisance and/or the manner of abatement was excessive.” That same day, the court also issued a peremptory writ of mandate directing the City to set aside the Nuisance Abatement Ordinance and not to take any further actions to enforce that ordinance.

I. The appeals

The Commission appealed from the judgment on the City’s writ petition/complaint and the City and Headlands each appealed from the judgment on Surfrider’s petition/complaint. Pursuant to the parties’ stipulation, this court consolidated the appeals.

III.

DISCUSSION

A. The Commission’s appeal

The Commission claims that it had administrative appellate jurisdiction pursuant to section 30625 to consider the three administrative appeals of the Nuisance Abatement Ordinance. The Commission also contends that the trial court erred in concluding that section 30005, subdivision (b) deprived the Commission of jurisdiction to find that the placement of gates at the Mid-Strand and Central Strand trail access points and the adoption of hours of operation for these trails mandated by the Nuisance Abatement Ordinance required a coastal development permit.

We conclude in part III.A.2., post, that the Commission did not have administrative appellate jurisdiction pursuant to section 30625 to consider whether the development mandated by the Nuisance Abatement Ordinance required a permit. However, we conclude in part III.A.3., post, that the trial court erred in determining that section 30005, subdivision (b) precludes the Commission from finding that such development required a coastal development permit and in restraining the Commission from taking any future action to submit the development to the Commission’s jurisdiction. In part IH.A.4., post, we explain how the trial court shall proceed on remand.

1. Overview of the Coastal Act

One of the core principles of the Coastal Act is to maximize public access to the coast, to the extent feasible (§ 30000 et seq.): “The . . . Coastal Act was passed in 1976. In it, the Legislature announced five ‘basic goals of the state for the coastal zone.’ (§ 30001.5.) One of these is to ‘[m]aximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners.’ (Id., subd. (c).)” (City of Malibu v. California Coastal Com. (2012) 206 Cal.App.4th 549, 553 [142 Cal.Rptr.3d 13].)

The Coastal Act has several provisions that implement the act’s public access goals. (See, e.g., § 30210 [“In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.”]; § 30212, subd. (a) [subject to certain exceptions, “Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects . . . .”].)

In Citizens for a Better Eureka v. California Coastal Com. (2011) 196 Cal.App.4th 1577, 1580-1581 [127 Cal.Rptr.3d 602] (Citizens), the court provided an overview of the regulatory framework contained in the Coastal Act:

“A [coastal development permit] is generally required for a development within the coastal zone as defined in the Coastal Act. (§§ 30103, subd. (a), 30600, subd. (a).) A local government within the coastal zone is required to prepare a local coastal program ... for the portion of the coastal zone within its jurisdiction. (§ 30500, subd. (a).) When the Commission has certified a[] [local coastal program] and actions to implement the [local coastal program] have become effective, authority to issue [coastal development permits] within the certified area is delegated from the Commission to the local government, subject to appeals to the Commission. (§ 30519, subd. (a).)

“Local government actions on [coastal development permit] applications for certain types of developments, e.g., those within 100 feet of any wetland, are appealable to the Commission (§ 30603, subd. (a)), and the Commission has appellate jurisdiction to determine whether a [coastal development permit] is consistent with the [local coastal program] and coastal access policies (§ 30603, subd. (b)). In an appeal, the Commission first determines whether a substantial issue as to such consistency has been raised. (§ 30625, subd. (b).) If a substantial issue is presented, the Commission reviews the [coastal development permit] application de novo. (§ 30621, subd. (a); Cal. Code Regs., tit. 14, § 13115, subd. (b).)”

In Charles A. Pratt Construction Co., Inc. v. California Coastal Com. (2008) 162 Cal.App.4th 1068 [76 Cal.Rptr.3d 466] (Charles A. Pratt Construction Co., Inc.), the Court of Appeal explained that a fundamental purpose of the Coastal Act is to ensure that state policies under the act take precedence over the concerns of local governments, notwithstanding the involvement of local governments in the act’s implementation: “Although local governments have the authority to issue coastal development permits, that authority is delegated by the Commission. The Commission has the ultimate authority to ensure that coastal development conforms to the policies embodied in the state’s Coastal Act. In fact, a fundamental purpose of the Coastal Act is to ensure that state policies prevail over the concerns of local government. (See City of Chula Vista v. Superior Court (1982) 133 Cal.App.3d 472, 489 [183 Cal.Rptr. 909] [Commission exercises independent judgment in approving [local coastal program] because it is assumed statewide interests are not always well represented at the local level].) The Commission applies state law and policies to determine whether the development permit complies with the [local coastal program].” (Charles A. Pratt Construction Co., Inc., supra, at pp. 1075-1076; accord, Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles (2012) 55 Cal.4th 783, 794 [149 Cal.Rptr.3d 383, 288 P.3d 717] (Pacific Palisades), citing Charles A. Pratt Construction Co., Inc.)

2. The Commission lacked administrative appellate jurisdiction under section 30625 to consider the three appeals of the City’s ordinance

The Commission contends that it had jurisdiction pursuant to section 30625 to consider the three appeals of the City’s adoption of the Nuisance Abatement Ordinance. Because the Commission’s claim raises an issue of statutory interpretation, we apply the de novo standard of review. (See Doe v. Brown (2009) 177 Cal.App.4th 408, 417 [99 Cal.Rptr.3d 209] [“We apply the de novo standard of review to this claim, since the claim raises an issue of statutory interpretation.”].)

a. The Commission’s appellate administrative jurisdiction over local government decisions pursuant to section 30625

Section 30625 provides:

“(a) Except as otherwise specifically provided in subdivision (a) of Section 30602, any appealable action on a coastal development permit or claim of exemption for any development by a local government or port governing body may be appealed to the commission by an applicant, any aggrieved person, or any two members of the commission. The commission may approve, modify, or deny such proposed development, and if no action is taken within the time limit specified in Sections 30621 and 30622, the decision of the local government or port governing body, as the case may be, shall become final, unless the time limit in Section 30621 or 30622 is waived by the applicant.

“(b) The commission shall hear an appeal unless it determines the following:

“(1) With respect to appeals pursuant to subdivision (a) of Section 30602, that no substantial issue exists as to conformity with Chapter 3 (commencing with Section 30200).

“(2) With respect to appeals to the commission after certification of a local coastal program, that no substantial issue exists with respect to the grounds on which an appeal has been filed pursuant to Section 30603.

“(3) With respect to appeals to the commission after certification of a port master plan, that no substantial issue exists as to conformity with the certified port master plan.

“(c) Decisions of the commission, where applicable, shall guide local governments or port governing bodies in their future actions under this division.” (Italics added.)

b. Application

The plain language of section 30625 indicates that the statute grants the Commission administrative appellate jurisdiction to hear an appeal of a decision rendered by a local government that has adjudicated a claim related to either a coastal development permit or a claim of exemption from Coastal Act permitting requirements. The statute’s references to “appeals pursuant to subdivision (a) of Section 30602” (§ 30625, subd. (b)(1), italics added) and “appeals to the commission after certification of a local coastal program . . . pursuant to Section 30603” (§ 30625, subd. (b)(2), italics added) support that conclusion. Sections 30602 and 30603 provide that the Commission has appellate jurisdiction to review certain quasi-adjudicatory actions taken by local governments in the context of coastal development applications.

A municipality’s legislative action in adopting an ordinance is not a quasi-adjudicatory administrative decision as to which the Commission has appellate jurisdiction pursuant to section 30625. The City’s enactment of the Nuisance Abatement Ordinance thus did not constitute a quasi-adjudicatory “appealable action” (§ 30625, subd. (a)) by a “local government” (ibid.) from which an appeal pursuant to section 30625 could be taken.

Not surprisingly, there is nothing in the Commission’s administrative regulations implementing the Coastal Act that suggests that the Commission has ever interpreted section 30625 as granting it appellate jurisdiction to consider whether development mandated by a local government’s nuisance abatement ordinance, or by any other local ordinance, requires a permit. Even the administrative forms used by the Commission in this case indicate that the only matters over which the Commission exercises appellate jurisdiction pursuant to section 30625 are permitting decisions made by a local government. A form entitled “Commission Notification of Appeal” informed the City that “the coastal development permit decision described below has been appealed to the California Coastal Commission pursuant to . . . Sections 30603 and 30625.” The Commission’s “Notification of Final Appeal Action” states in relevant part, “Where the Commission vote is ‘substantial issue,’ and then ‘approval’ or ‘approval with conditions,’ or ‘denial’ on the de novo application, the Commission decision replaces the local coastal pertnit decision.” (Italics added.) In this case, the City made no coastal development permit decision, but instead, acted in a legislative capacity in adopting the Nuisance Abatement Ordinance.

The Commission contends that the City’s action in adopting the Nuisance Abatement Ordinance amounted to a “claim of exemption for any development by a local government” within the meaning of section 30625, and is therefore appealable to the Commission. We disagree. The City and Headlands persuasively argue that this portion of section 30625 authorizes the Commission to exercise appellate jurisdiction over quasi-adjudicatory decisions made by a local government on applications for exemptions that are specifically referred to in the Coastal Act, including emergency projects pursuant to section 30610.2, and the construction of certain single-family residences pursuant to section 30600. More broadly, while the Commission reads the statute as authorizing review of a local government’s claim of exemption, the statute actually authorizes the Commission to exercise appellate jurisdiction over “an appealable action ... by a local government” (§ 30625, subd. (a)). Thus, section 30625, subdivision (a) authorizes the Commission to review the decision of a local government on an applicant’s claim of exemption, not a local government’s claim of exemption. In sum, we conclude that when a municipality acts legislatively in an attempt to exercise nuisance abatement powers pursuant to section 30005, subdivision (b), this municipal action does not constitute a “claim of exemption” as that term is used in section 30625, subdivision (a).

Finally, we reject the Commission’s suggestion, raised in its reply brief, that the Commission was authorized to review the City’s enactment of the Nuisance Abatement Ordinance because the Commission is authorized to directly adjudicate certain claims for exemptions from the Coastal Act’s permit requirements, such as vested rights claims pursuant to section 30608. The Commission appears to theorize that a party may directly challenge a local government’s assertion of abatement authority under section 30005, subdivision (b) before the Commission, pursuant to section 30625, because “vested rights claims are made directly to the Commission.” We reject this argument because the Commission has not demonstrated that in adjudicating a section 30608 claim brought “directly to the Commission” it is exercising appellate jurisdiction pursuant to section 30625.

In sum, section 30625 grants the Commission appellate administrative jurisdiction over certain appeals. In this case, the City took no “appealable action” (§ 30625, subd. (a)) from which an appeal could be taken. Thus, the Commission did not have jurisdiction pursuant to section 30625 to consider the validity of the development mandated by the Nuisance Abatement Ordinance. Accordingly, the actions that the Commission took at the May 13 hearing were unauthorized and, therefore, void.

Notwithstanding our conclusion that the Commission did not have jurisdiction pursuant to section 30625 to consider whether the development mandated by the Nuisance Abatement Ordinance constituted a violation of the local coastal program and required a coastal development permit, we consider below whether the trial court erred in restraining the Commission from exercising jurisdiction over the development mandated by the Nuisance Abatement Ordinance without first determining whether the City was acting within the scope of section 30005, subdivision (b).

3. The trial court erred in restraining the Commission from exercising jurisdiction over the development mandated by the Nuisance Abatement Ordinance without first determining whether the City was properly acting within the scope of section 30005, subdivision (b)

The Commission claims that the trial court erred in restraining the Commission from exercising jurisdiction over the development mandated by the Nuisance Abatement Ordinance without first determining whether the City was acting within the scope of section 30005, subdivision (b). In order to resolve the Commission’s claim, we must address three subsidiary issues. First, was the City permitted to seek a writ of mandate to preclude the Commission from exercising jurisdiction over the City’s actions on the ground that those actions are necessary to abate a nuisance? In part HLA.S.a., post, we conclude that under the unusual circumstances of this case, in which the Commission has already indicated its intent to direct the City to cease implementing the development mandated by the Nuisance Abatement Ordinance, the City was entitled to seek a writ of mandate in the trial court to restrain the Commission from exercising jurisdiction over the City’s efforts to implement the Nuisance Abatement Ordinance. Second, what was the City required to demonstrate in order to obtain injunctive or writ relief restraining the Commission from exercising jurisdiction over the development mandated by the Nuisance Abatement Ordinance? In part HI.A.3.b., post, we conclude that the City, as the petitioner/plaintiff in this action, was required to demonstrate that it had exercised its nuisance abatement powers under section 30005, subdivision (b) in good faith, and that it had not adopted the Nuisance Abatement Ordinance as a pretext for avoiding its obligations under the City’s local coastal program. Third, did the trial court err in concluding that the City demonstrated that it was entitled to a writ restraining the Commission from exercising jurisdiction over the development mandated by the Nuisance Abatement Ordinance? In part III.A.3.C., post, we conclude that the trial court erred in ordering the Commission to cease and desist exercising jurisdiction over development mandated by the Nuisance Abatement Ordinance without first determining whether the City’s enactment of the ordinance was a pretext for avoiding the requirements of its local coastal program.

a. The City was entitled to seek a writ of mandate to preclude the Commission from exercising jurisdiction over its actions on the ground that those actions were necessary to abate a nuisance

In light of our affirmance of the trial court’s conclusion that the action taken by the Commission at the May 13, 2010 hearing was void because section 30625 did not grant the Commission jurisdiction to hold such a hearing, we first consider whether the doctrine of exhaustion of administrative remedies requires us to reverse the trial court’s rulings insofar as the court ordered the Commission to cease and desist taking any future actions to exercise jurisdiction over the development mandated by the City’s Nuisance Abatement Ordinance. Specifically, we consider whether the exhaustion doctrine requires that we direct the trial court to order the City to submit its contention that the Commission lacks jurisdiction under section 30005, subdivision (b) to the Commission, in the event that the Commission attempts to institute any further proceedings concerning development mandated by the Nuisance Abatement Ordinance. We conclude that under the circumstances of this case, the exhaustion doctrine did not preclude the City from seeking writ relief to restrain the Commission from taking future actions to exercise jurisdiction over the development mandated by the City’s Nuisance Abatement Ordinance.

“In general, a party must exhaust administrative remedies before resorting to the courts. [Citations.]” (Coachella Valley Mosquito & Vector Control Dist. v. California Public Employment Relations Bd. (2005) 35 Cal.4th 1072, 1080 [29 Cal.Rptr.3d 234, 112 P.3d 623] (Coachella).) “The doctrine requiring exhaustion of administrative remedies is subject to exceptions. [Citation.] Under one of these exceptions, ‘[f] allure to exhaust administrative remedies is excused if it is clear that exhaustion would be futile.’ [Citations.] ‘The futility exception requires that the party invoking the exception “can positively state that the [agency] has declared what its ruling will be on a particular case.” ’ [Citations.]” (Id. at pp. 1080-1081.)

At its May 13 hearing, the Commission rejected the City’s section 30005, subdivision (b) jurisdictional claim and concluded that the development mandated by the Nuisance Abatement Ordinance required a coastal development permit. In a May 17 letter, the Commission advised the City that the development mandated by the ordinance “lacks the required Coastal Development Permit and constitutes a violation of the [local coastal program] and the Coastal Act.” The Commission further instructed the City that “the unpermitted gates . . . need to be removed, and the hour restrictions should be suspended.”

Under these circumstances, notwithstanding that the action taken by the Commission at the May 13 hearing was void due to the Commission’s lack of jurisdiction (see pt. III.A.2., ante), the Commission has fully and clearly declared “ ‘ “what its ruling will be” ’ ” (Coachella, supra, 35 Cal.4th at pp. 1080-1081) with respect to the development mandated by the Nuisance Abatement Ordinance. The futility exception to the exhaustion doctrine therefore applies (35 Cal.4th at pp. 1080-1081), and the City was permitted to seek writ relief to restrain the Commission from taking future actions to exercise jurisdiction over the development mandated by the City’s Nuisance Abatement Ordinance.

Accordingly, we agree with the City and Headlands that, under the circumstances of this case, the City was permitted to seek a judicial determination as to whether it was properly acting within the scope of section 30005, subdivision (b) in enacting the Nuisance Abatement Ordinance. However, for the reasons discussed in parts III.A.3.b. and M.A.3.C., post, we conclude that the trial court erred in concluding that the City demonstrated that it was acting within the scope section 30005, subdivision (b) in this case.

b. A local government may not order the abatement of a nuisance as a pretext for avoiding the requirements of the local government’s own local coastal program

In considering whether the trial court erred in concluding that section 30005, subdivision (b) precludes the Commission from exercising jurisdiction over development mandated by the Nuisance Abatement Ordinance, we are required to interpret the scope of section 30005, subdivision (b). We consider this issue de novo. (See Doe v. Brown, supra, 111 Cal.App.4th at p. 417.)

i. Section 30005

Section 30005 provides:

“No provision of this division[] is a limitation on any of the following:

“(a) Except as otherwise limited by state law, on the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict with this act, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity which might adversely affect the resources of the coastal zone.

“(b) On the power of any city or county or city and county to declare, prohibit, and abate nuisances.

“(c) On the power of the Attorney General to bring an action in the name of the people of the state to enjoin any waste or pollution of the resources of the coastal zone or any nuisance.

“(d) On the right of any person to maintain an appropriate action for relief against a private nuisance or for any other private relief.” (Italics added.)

ii. The parties’ arguments concerning the scope of section 30005, subdivision (b)

The City and Headlands argue that section 30005, subdivision (b) should be interpreted to permit a city to abate a nuisance in any manner within the scope of its police powers, even if the abatement is in conflict with the Coastal Act and/or the City’s local coastal program. However, neither the City nor Headlands appears to contend that section 30005, subdivision (b) should be interpreted to permit a city to exercise its nuisance abatement powers for the specific purpose of avoiding complying with the city’s own local coastal program. Indeed, the City states in its brief, “The courts ... are the appropriate forum for an argument about whether a city is abusing its nuisance powers.”

The Commission contends that section 30005 clarifies that the Coastal Act does not occupy “the field of land use regulation,” but maintains that the statute cannot reasonably be interpreted as authorizing a city to “evade the Coastal Act access requirements by simply declaring some isolated and weakly documented instances of unlawful conduct to be nuisances and imposing abatement measures that drastically restrict lawful public access.” In other words, the Commission maintains that section 30005, subdivision (b) should not be interpreted to permit a city to exercise its nuisance abatement powers to avoid complying with the city’s own local coastal program. The Commission argues that this interpretation “would effectively allow a local government to amend its [local coastal program] without Commission certification.”

iii. Applicable principles of statutory interpretation

In Doe v. Brown, supra, 111 Cal.App.4th at pages 417-418, this court outlined the following well-established principles of statutory interpretation:

“ ‘In construing any statute, “[w]ell-established rules of statutory construction require us to ascertain the intent of the enacting legislative body so that we may adopt the construction that best effectuates the purpose of the law.” [Citation.] “We first examine the words themselves because the statutory language is generally the most reliable indicator of legislative intent. [Citation.] The words of the statute should be given their ordinary and usual meaning and should be construed in their statutory context.” [Citation.] If the statutory language is unambiguous, “we presume the Legislature meant what it said, and the plain meaning of the statute governs.” [Citation.]1 [Citation.]

“ ‘If, however, the statutory language is ambiguous or reasonably susceptible to more than one interpretation, we will “examine the context in which the language appears, adopting the construction that best harmonizes the statute internally and with related statutes,” and we can “ ‘ “look to a variety of extrinsic aids, including the ostensible objects to be achieved, the evils to be remedied, the legislative history, public policy, contemporaneous administrative construction, and the statutory scheme of which the statute is a part.” 1 ” [Citation.]1 [Citation.]

“ ‘ “We must select the construction that comports most closely with the apparent intent of the Legislature, with a view to promoting rather than defeating the general purpose of the statute, and avoid an interpretation that would lead to absurd consequences.” [Citation.]' [Citation.] Further, ‘We presume that the Legislature, when enacting a statute, was aware of existing related laws and intended to maintain a consistent body of rules. [Citation.]' [Citation.]”

Section 30005, subdivision (b) is a “savings clause” (Citizens, supra, 196 Cal.App.4th at p. 1584). Generally speaking, a savings clause preserves some preexisting legal authority from the effect of some newly enacted legal authority that contains the savings clause. “Saving clauses are usually strictly construed. . . .” (2A Norman J. Singer et al., Sutherland Statutory Construction, § 47.12 (7th ed. 2008) (hereafter Sutherland); see In re Lifschultz Fast Freight Corp. (7th Cir. 1995) 63 F.3d 621, 628 [citing Sutherland and stating that courts should “resolve doubts about the scope of statutory provisions and exceptions against those provisions"].)

iv. Relevant case law

In Citizens, supra, 196 Cal.App.4th 1577, the Court of Appeal addressed the Commission’s jurisdiction to consider an appeal of the City of Eureka1 s (Eureka) issuance of a coastal development permit for an “extensive marina project” on a site for which Eureka had previously issued several nuisance abatement orders. (Id. at p. 1580.) The permit authorized both site remediation and wetland restoration. {Id. at pp. 1581-1582.) Several appeals of the permit were filed with the Commission. (Id. at p. 1582.) Prior to the resolution of those appeals, a citizens group that supported the pollution remediation mandated by the permit filed a petition for writ of administrative mandate in the trial court, arguing that the Commission lacked jurisdiction to consider the permit appeals because Eureka had issued the permit pursuant to its power to abate nuisances under section 30005, subdivision (b) and that the Commission’s exercise of jurisdictiqn over the appeals would “ ‘entail[] delay[s] in [the] cleanup.’ ” (Citizens, supra, at p. 1583.) The trial court ruled that the actions authorized in the permit went “ ‘far beyond just nuisance abatement,’ ” and that section 30005 did not prevent the Commission from asserting jurisdiction under these circumstances. (Citizens, supra, at p. 1583.)

On appeal, in addressing the proper application of section 30005, the Citizens court began by reviewing City of Monterey v. California Coastal Com. (1981) 120 Cal.App.3d 799 [174 Cal.Rptr. 798] (Monterey) in which the Court of Appeal stated, in dicta, that a coastal development permit is required where a project exceeds the scope of the “nuisance exception” in section 30005, subdivision (b). (Citizens, supra, 196 Cal.App.4th at p. 1585.) The Citizens court also discussed a 1978 indexed advice letter from the Attorney General to the Commission (Cal. Atty. Gen., Indexed Letter, No. IL 78-73 (May 18, 1978)), that stated that “neither a local government nor a person acting under order of a local government [i]s required to obtain a [coastal development permit],” prior to undertaking “abatement of a nuisance declared by a local government, where the abatement would otherwise constitute a development under the Coastal Act,” but that “ ‘[i]f the owner’s activity exceeds the amount necessary to abate the nuisance, the owner of course must obtain a coastal permit for that additional work.’ [Citation.]” (Citizens, supra, at p. 1585.)

After reviewing these authorities, the Citizens court stated: “These authorities point to an appropriate and workable rule that has been endorsed by Commission staff[] and which we adopt here: ‘[Wjhere a local government properly declares a nuisance and requires abatement measures that are narrowly targeted at abating the declared nuisance, those measures do not require a [coastal development permit].’ On the other hand, a [coastal development permit] is required if the development ‘activity exceeds the amount necessary’ [citation] ‘simply to abate the nuisance’ [citation].” {Citizens, supra, 196 Cal.App.4th at p. 1585, fns. omitted.)

In applying this law to the facts of that case, the Citizens court concluded that there was substantial evidence to support the trial court’s conclusion that the development authorized by the permit went “ ‘far beyond just nuisance abatement.’ ” (Citizens, supra, 196 Cal.App.4th at p. 1586.) The Citizens court affirmed the judgment and summarized its holding as follows: “Under section 30005, subdivision (b), application of the Coastal Act turns on whether a development is limited to nuisance abatement. If it is not so confined, then a [coastal development permit] is required. If a [coastal development permit] is required, the procedures provided for [coastal development permits] including appeals to the Commission, must be followed. We have concluded that a [coastal development permit] is required here, and accordingly reject [appellant’s] argument that the Commission lacks jurisdiction to determine the [coastal development permit] appeal in this case.” (Citizens, supra, at p. 1589, fn. omitted.)

In Big Creek Lumber Co. v. County of Santa Cruz (2006) 38 Cal.4th 1139 [45 Cal.Rptr.3d 21, 136 P.3d 821] (Big Creek) and Pacific Lumber Co. v. State Water Resources Control Bd. (2006) 37 Cal.4th 921 [38 Cal.Rptr.3d 220, 126 P.3d 1040] (Pacific Lumber), our Supreme Court discussed two savings clauses that are similar, but not identical, to section 30005. Former section 4514 provided in relevant part: “No provision of [the Forest Practice Act] or any ruling, requirement, or policy of the [Board of Forestry] is a limitation on any of the following: [f] (a) On the power of any city or county or city and county to declare, prohibit, and abate nuisances, [f] . . . [][] (c) On the power of any state agency in the enforcement or administration of any provision of law which it is specifically authorized or required to enforce or administer.”

In Pacific Lumber, the Supreme Court rejected a timber company’s contention that the Z’berg-Nejedly Forest Practice Act of 1973 (Forest Practice Act; § 4511 et. seq.) precluded the Regional Water Quality Control Board and the State Water Resources Control Board (Water Boards) from imposing water quality monitoring requirements that California’s Department of Forestry and Fire Protection (Department of Forestry) had deemed unnecessary in approving the company’s timber harvest plan amendment. (Pacific Lumber, supra, 37 Cal.4th at p. 926.) Citing the savings clause contained in former section 4514, subdivision (c), the Pacific Lumber court reasoned, “In light of the Forest Practice Act’s express disclaimer of any interference with agency responsibilities, and the absence of any irreconcilable conflict between the savings clause and other provisions of the Forest Practice Act, we cannot accept Pacific Lumber’s argument that the act implicitly allocates to the Department of Forestry exclusive responsibility for protecting state waters affected by timber harvesting, in derogation of the Water Boards’ statutory prerogatives.” (Pacific Lumber, supra, at pp. 926-927, second italics added.)

In the course of its ruling, the Pacific Lumber court emphasized that the case did not present a scenario in which the Department of Forestry and the Water Boards had issued orders that directly conflicted with each other: “We are not faced here with a situation in which it would be literally impossible for a timber harvester to simultaneously comply with conflicting directives issued by the Department of Forestry and the Water Boards. We trust that agencies strive to avoid such conflicts, and express no opinion here regarding the appropriate outcome in a case involving irreconcilable orders. (Cf. State Personnel Bd. v. Fair Employment & Housing Com.[ (1985)] 39 Cal.3d [422,] 442, fn. 20 [217 Cal.Rptr. 16, 703 P.2d 354] [noting that ‘any conflicts which may arise in this area can be resolved either by administrative accommodation between the two agencies themselves or, failing that, by sensitive application of evolving judicial principles’].)” (Pacific Lumber, supra, 37 Cal.4th at p. 936, fn. 5.)

In Big Creek, the Supreme Court concluded that a county ordinance that regulated the location of helicopter staging, loading, and servicing facilities associated with timber operations was not preempted by a provision of the Forest Practice Act (§4516.5, subd. (d)) that prohibited counties from “regulating] the conduct of timber operations.” (See Big Creek, supra, 38 Cal.4th at p. 1162.) The Big Creek court supported its preemption conclusion by citing the savings cl