La Costa Beach Homeowners' Ass'n v. California Coastal Commission

Good Law
101 Cal. App. 4th 804·124 Cal. Rptr. 2d 618·2002 Cal. App. LEXIS 4574·2002 Daily Journal DAR 9996·2002 Cal. Daily Op. Serv. 7977
Court of Appeal of CaliforniaAugust 29, 2002B152304California5,994 words

Opinion

Opinion

Mallano, J.

The Legislature has declared that, under the California Coastal Act of 1976 (Pub. Resources Code, § 30000 et seq.; hereafter the Coastal Act), one of the goals of the California Coastal Commission (the Commission) is to maximize public access to the beach. Here, the Commission sought to accomplish this goal by permitting real party in interest property owners on Carbon Beach in Malibu to delete conditions in their residential construction permits that required the creation of “view corridors” and instead substitute the dedication of an undeveloped parcel owned jointly by real parties on adjacent La Costa Beach in Malibu for both public views of and public access to the beach.

Neighbors La Costa Beach Homeowners’ Association and various individual members (collectively La Costa) petitioned the superior court for a writ of mandate to overturn the Commission’s actions. La Costa argued that the Coastal Act did not allow the Commission to accept off-site mitigation of real parties’ view corridor conditions; that proper findings on traffic, pedestrian, and recreational use safety had not been made; and that the Commission had violated the California Environmental Quality Act…

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