Schneider

Here we conclude that the Legislature has not recognized an ocean boater’s “right to a view” of the coastline as a factor in regulating development. The Legislature has given the California Coastal Commission (Coastal Commission) enumerated powers to regulate such development. But the Legislature has not empowered the Coastal Commission to “add” the factor of a boater’s “right to a view” of the coastline as a factor to deny or restrict development in the coastline zone.

Dennis C. Schneider appeals from an order denying his petition for administrative mandamus to vacate a Coastal Commission decision imposing special conditions on a Coastal Development Permit to build a residence. (Pub. Resources Code, § 30801.) We reverse and direct the superior court to issue a peremptory writ commanding the Coastal Commission to set aside its decision and rehear the matter. (Code Civ. Proc., § 1094.5, subd. (f).) On rehearing, Coastal Commission may not consider whether the proposed development impacts views of the coast from offshore, ocean-based vantage points. (See, e.g., Clark v. City of Hermosa Beach (1996) 48 Cal.App.4th 1152, 1174 [ 56 Cal.Rptr.2d 223 ].)

Facts and Procedural…