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Reddell v. California Coastal Comm'n

Citation: 40 ELR 20005
No. No. B206428, (Cal. App. 2d Dist., 12/29/2009)

A California appellate court affirmed the California Coastal Commission's denial of an individual's application for a coastal development permit for a residential and commercial project. The project, approved by the city, was located in an area zoned for commercial visitor-serving uses. Despite the city's recommendations that the project be approved with conditions, the Commission voted unanimously to deny the project as inconsistent with the city's local coastal plan policies with respect to bluff development, visual resources, parking, visitor-serving priorities, and community character. The individual filed a petition for writ of mandate. The trial court properly denied the petition. The Commission's interpretation of the city's local coastal plan and Coastal Act Provisions is reasonable, and substantial evidence supports its decision. The record also shows that the Commission considered but was not persuaded by the individual's revised plans. In addition, the individual's claim for damages for a regulatory taking of property is not ripe. The Commission has indicated its willingness to review a revised proposal and there is nothing in the record to presume that the Commission will fail to do so. Nor did the trial court err in dismissing the complaint.