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Farr v. California Coastal Comm'n

ELR Citation: 39 ELR 20108
Nos. No. B204874, (Cal. App. 2d Dist., 04/09/2009)

A California appellate court upheld a California coastal development permit allowing homeowners to build a second story to their home in Redondo Beach. A petitioner sought to have the permit vacated, arguing that the addition would block the public's view of the ocean in violation of the state Coastal Act. In his view, once the coastal commission found that the project would further restrict the public's limited view, the commission had no choice but to deny the permit. But the applicable statute only requires the commission to consider and protect scenic and visual qualities, providing that "[p]ermitted development shall be sited and designed to protect views." The commission did so here. In addition, the petitioner failed to show that there was a lack of substantial evidence supporting the commission's decision or that it violated the city’s local coastal program.