Tim Shea of Shear Development has been trying to build on three lots off of Mar Vista and Highland Drives since he bought the Los Osos properties in 2003.
Four homes were built immediately, and after the completion of the Los Osos Wastewater Project, Shea applied for a coastal development permit from San Luis Obispo County for the final four lots, three of which were approved. They were then appealed by the California Coastal Commission (CCC).
“The core question here was whether or not the commission had appellant jurisdiction at all," said Jeremy Talcott, attorney for Shear Development.
The California Supreme Court unanimously sided with Shear Development, 7-0.
“[The court] found that in fact the commission had never properly exercised jurisdiction, and ordering the courts below to issue a writ telling the commission to set aside all of its previous actions,” Talcott said.
The judges also said that the courts should be the ones that interpret local coastal programs (LCP), which can be done without any deference to the commission.
Talcott added that this will also change the way section 30603 of the Coastal Act is interpreted for coastal communities across the state.
“In San Luis Obispo County, that would've given them appellate jurisdiction over every single permit in the county because there’s no zoning category with just one principle permitted use, and the supreme court rejected that interpretation entirely," Talcott said.
“We knew that it was a nice, quiet neighborhood, nice neighbors,” said Linda McGuire, who has lived in the neighborhood since 1988. “Can’t get mad at him if he builds another beautiful big home. I’ll just have to look around it and over it to see whatever water view or beautiful ocean view, but I’m sure whatever they build, it’ll be gorgeous."
KSBY News reached out to the California Coastal Commission for a statement but has yet to hear back.
