Palmer v. Board of Supervisors

Opinion

STONE, P. J.

Samuel Palmer appeals an adverse ruling of the trial court at an order to show cause hearing to compel respondent board of supervisors to delete its conditions for approval of appellant Palmer’s tentative map requiring property rezoning before being granted a final subdivision map. We affirm the decision of the trial court.

The sole issue is whether appellant’s tentative map which conformed to a zoning law in existence at the date of the wrongful denial of appellant’s application should be subject to a subsequently enacted zoning ordinance.

On September 17, 1980, appellant filed with the Ventura Planning Department a tentative map and application to subdivide his 35.5-acre parcel (designated in the county’s general plan as open space 10-40 acres and prior to September 22, 1982, zoned “Agricultural Exclusive Prime 10 acre minimum”) into three lots of 15.3, 10.1, and 10.1 acres. Requested lot sizes were consistent with minimum zoning laws. Respondent denied approval, claiming that the site was not physically suitable for the proposed density

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of development (Gov. Code, § 66474, subd. (d)) and that the proposed lot sizes would not be compatible with the adjacent agricultural preserves.

On June 15, 1981, appellant petitioned the superior court for a writ of mandate, and an alternative writ of mandamus was issued and served on respondent. Subsequently, the Ventura County Planning Commission adopted a resolution of intent to rezone appellant’s property and three other parcels to “Agricultural Exclusive, 40 acre minimum.” On September 22, 1981, over appellant’s objections, respondent approved the zone change on all four parcels. On September 11, 1981, the trial court announced in open court its intended decision to grant the writ, stating in pertinent part: “You Are Hereby Commanded, immediately upon receipt of this writ to set aside that portion of your decision dated May 26, 1981 in the proceeding regarding tentative Parcel Map No. PM 3572 denying approval of this parcel map and you are directed to approve said parcel map and to take any further action specifically enjoined upon you by law; but nothing in this writ shall limit or control in any way the discretion legally vested in you, including the determination of what reasonable conditions to impose upon the approval of said parcel map not inconsistent with the judgment of the court herein.” Following service of the writ, respondent on November 10, 1981, conditionally approved tentative map No. PM 3572 subject to eleven conditions.