Stanson

Sam Stanson appeals from a judgment of the superior court denying his petition for writ of mandamus (Code Civ. Proc., § 1094.5) seeking to compel the San Diego Coast Regional Commission (Regional Commission) to issue a coastal development permit approving of the remodeling of Stanson’s commercial building to include a second floor restaurant.

Facts

Stanson was the owner of a two-story commercial building located within the coastal zone protected by the Regional Commission by virtue of California’s Coastal Act of 1976 (Act) (Pub. Resources Code, § 30000 et seq.). Stanson proposed to remodel the ground floor— previously used as a supermarket—into 16 small retail shops with a public walkway to the nearby beach area. He further proposed to remodel' the second floor into a restaurant with seating capacity of no more than 50 persons. This portion of the building had not previously been used as a restaurant but as a storage area. Stanson has never obtained a developmental permit from the Regional Commission nor has he ever applied to the Regional Commission for an exemption from the permit requirements of the Act. (§ 30608.)

Before submitting his plans for remodeling to the…