Hines

Hines v. California Coastal Commission

Bad Law
112 Cal. Rptr. 3d 354·186 Cal. App. 4th 830·2010 Cal. App. LEXIS 1140·40 Envtl. L. Rep. (Envtl. Law Inst.) 20185
Court of Appeal of CaliforniaJune 17, 2010A125254California10,564 words

Opinion

Opinion

Kline, J.

INTRODUCTION

R. Brian Hines and Jane Hines appeal from the San Francisco Superior Court’s denial of their petition for writ of administrative mandate. (Code Civ. Proc., § 1094.5.) Appellants’ writ petition sought to overturn the approval by the Sonoma County Board of Supervisors (Board) of a coastal permit to construct a residence and a use permit allowing reduction of the riparian corridor setback from 100 feet to 50 feet for the project. The writ petition also challenged the California Coastal Commission’s (Coastal Commission or Commission) refusal to exercise jurisdiction over appellants’ appeal on the grounds that the appeal presented “no substantial issue” under the California Coastal Act of 1976 (Coastal Act) (Pub. Resources Code, § 30000 et seq.). The permits were issued to real parties in interest Steven M. Star and Carol Star, who propose to build a 1,208-square-foot single-family residence and 400-square-foot detached garage on their property, adjacent to property owned by appellants in a Bodega Bay subdivision located in the Sonoma County coastal zone.

Appellants contend the project violates the 100-foot riparian setback requirement of the Sonoma County Local…

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