Liberty

Kenneth L. Liberty II appeals the judgment of the superior court denying his petition for a writ of mandate to review the administrative decision of the California Coastal Commission (State Commission) under Code of Civil Procedure section 1094.5.

In accordance with the procedure set out in Public Resources Code section 30000 et seq. Liberty filed an application with the San Diego Coast Regional Commission (Regional Commission) seeking a permit to demolish an existing structure and erect a restaurant on Highway 101 in the community of Cardiff in San Diego County, in an area known as “Restaurant Row.” The building would be next to the San Elijo Lagoon and across Old State Highway 101 from the ocean and near San Elijo State Beach. The restaurant building was to contain 5,432 square feet of floor space and accommodate 200 people. The lot plan provided 56 parking spaces. The Regional Commission voted to issue the permit subject to conditions, including providing public access to the lagoon behind, provision for one parking space for each 100 square feet of floor space, construction of proper drainage and certain other conditions, all of which were acceptable to…