A Hollister Ranch property owner is suing the California Coastal Commission, claiming “unconstitutional and unlawful denial” of a permit to install a pool and spa near a single-family home.
Jack Wall and the Wall Family Trust are named as the plaintiffs in the petition seeking a writ of mandate and a complaint for declaratory relief filed by J.David Breemer from the Pacific Legal Foundation on July 3 in Santa Barbara County Superior Court.
The lawsuit marks the latest twist in a protracted battle over public access to the coastline in the area west of Gaviota.
The Walls own 101 acres with a single-family residence at 36 Hollister Ranch Road, three-quarters of a mile from the ocean, according to the legal document.
Santa Barbara County initially approved the permit, but the Coastal Commissioners in May denied it, sparking another battle in the decades-long war for public access at the exclusive property.
“The commission’s denial for lack of an adequate (in its view) public-access condition violated the unconstitutional conditions doctrine that enforces constitutional protections against takings of private property,” the civil complaint says. “It is also unlawful because the public access policies the commission propose to enforce do not apply to the Walls’ application.”
Hollister Ranch is a 14,500-acre, gated, residential subdivision sitting on a working cattle ranch west of Gaviota State Park, with 135 parcels of 100-acres or larger.
Conflict about public access to 8.5 miles of coastline at Hollister Ranch has persisted for decades, leading to court action, legislation and renewed vows to reach a resolution to the dispute.
In 2018, the Walls applied to build a 60-by-16-foot swimming pool, detached, in-ground 8-by-12-foot spa, and associated equipment. The project would require excavating 89 cubic yards of soil.
In November, Santa Barbara County approved the permit, but the Coastal Commission ruled in February that the project had substantial issues that justified review, thus voiding the county approval.
Coastal Commission staff recommended approval of the Wall permit as long the landowner paid the $5,000 in-lieu fee for the public-access program.
That fee was established to allow Hollister Ranch projects to move forward while the public access debate extended.
The Gaviota Coastal Trail Alliance opposed allowing the Walls’ project due to the lack of a public-access program.
But commissioners rejected staff analysis and denied the permit, citing Hollister Ranch homeowners’ ongoing resistance to allow public access.
“We can’t be continuing to approve projects without (public) access,” Commissioner Carole Groom said before the panel’s May 9 rejection of the Walls’ project.
The Coastal Commission attorneys were expected to file a response to the Walls’ lawsuit after being served with the complaint in the coming weeks.
The lawsuit claimed the decision was flawed.
“In reaching its decision and denying the Wall permit, the commission failed to consider the nature of the Walls’ specific project or its lack of impacts on public beach access,” the lawsuit noted.
“The commission made no finding that the Walls’ project interferes with, or harms, public beach access. It made no finding that the Walls have the ability to dedicate a public beach access way on ranch property along or adjacent to the coast.
“The commission made no finding that denying the Walls’ permit in order to extract actual public beach access from them or other ranch owners is constitutional or lawful under the Coastal Act.
The lawsuit asks a judge to rule that the permit denial was invalid and seeks an order forcing the commission to issue the permit.
If the public-access condition is deemed lawful, the Walls requested the judge issue a writ of mandate compelling commissioners to issue the permit subject to the Walls paying the $5,0000 public access in-lieu fee.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.