Ocean View Estates Homeowners Assn., Inc. v. Montecito Water Dist

In Ocean View Estates Homeowners Assn., Inc. v. Montecito Water Dist. (2004) 116 Cal.App.4th 396, a water district proposing to place a cover on a reservoir adopted a mitigated negative declaration for the project concluding there would be no significant aesthetic impact. There was photographic evidence the cover would be visible from public trails; comments from neighboring property owners and the president of the homeowners association about the aesthetic impacts of the project; and the county had urged the water district to take appropriate mitigation measures to minimize the aesthetic impacts. The appellate court concluded the visual impact of the cover was by its nature subjective and was not a matter within the "special purview of experts." (Id. at p. 402.) "The evidence here goes beyond a few people expressing concern about the aesthetics of the project. There is substantial evidence to support a fair argument that the project may have a significant adverse aesthetic impact." (Id. at p. 403.)