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CITY OF MALIBU v. SANTA MONICA MOUNTAINS CONSER.

No. B151606.

119 Cal.Rptr.2d 777 (2002)

98 Cal.App.4th 1379

CITY OF MALIBU, Plaintiff and Appellant, v. SANTA MONICA MOUNTAINS CONSERVANCY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

As Modified on Denial of Rehearing June 13, 2002.

Review Denied August 14, 2002.

Attorney(s) appearing for the Case

Christi Hogin, City Attorney; Bannan, Green, Frank & Terzian, Richard R. Terzian, Robert J. Tyson, Los Angeles, for Plaintiff and Appellant City of Malibu.

Nossaman, Guthner, Knox & Elliott, Robert I. McMurry, Scott N. Yamaguchi, Los Angeles, for Defendants and Respondents Santa Monica Mountains Conservancy, Mountains Recreation and Conservation Authority, The Streisand Center for Conservancy Studies.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, J. Matthew Rodriquez, Senior Assistant Attorney General, John A. Saurenman, Supervising Deputy Attorney General, Rosana Miramontes, Deputy Attorney General, for the People of the State of California as Amicus Curiae on behalf of Defendants and Respondents.

GILBERT, P.J.

Here we hold that the Santa Monica Mountains Conservancy is subject to local land use regulation. (Pub. Resources Code, § 33008.)

Appellant City of Malibu (City) seeks to regulate commercial uses on 22 acres of property within its boundaries owned by respondent Santa Monica Mountains Conservancy (Conservancy), a state agency. It filed an action to obtain a declaration that the Conservancy...

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