Patterson

Central Coast Regional Coastal Zone Conservation Commission (hereinafter regional commission) and the California Coastal Zone Conservation Commission (state commission) appeal from a judgment of the superior court granting respondent Patterson a peremptory writ of mandate ordering appellants to issue a coastal permit to Patterson for four single family dwellings.

The facts are not in dispute.

Respondent is owner and developer of certain real property in the City of Carmel-By-The-Sea (hereinafter “city”). The property is immediately adjacent to a public beach owned by the city. Respondent purchased the property in 1965. Prior to 1971, four houses had been constructed on the property; in that year, respondent received final approval from the city planning commission to create a nine-lot subdivision thereon. Four of the nine lots corresponded to. the existing structures; the remaining five lots were vacant.

During 1971, 1972 and part of 1973, respondent proceeded with grading of the five lots and installing underground utilities and driveways. Prior to the effective date of the California Coastal Zone Conservation Act of 1972 (Pub. Resources Code, §§ 27000-27650;…