Bowman

In Kleinecke v. Montecito Water Dist. (1983) 147 Cal.App.3d 240 [ 195 Cal.Rptr. 58 ], we held it would not be inequitable to apply the doctrine of estoppel as a defense to the statute of limitations. Here we conclude it would be inequitable to apply collateral estoppel to require a party to dedicate a coastal easement as a condition of obtaining a coastal development permit.

We reverse a judgment denying a property owner’s petition for a writ of administrative mandate to eliminate a public access condition from a coastal development permit.

FACTS

Walton Emmick owned approximately 400 acres in San Luis Obispo County (County). When he purchased the property, it had a single-family residence and a bam. The residence was uninhabitable and the bam was in disrepair. The property includes approximately one mile of shoreline along noncontiguous parcels, separated by a parcel owned by another property owner. The house and bam are one mile from the shoreline.

In March 2002, Emmick applied to the County for a coastal development permit (CDP) to connect an existing well to the house. In June 2002, Emmick obtained over-the-counter permits authorizing dry-rot removal and roof and…