Knoell v. City of Lompoc

Opinion

WILLARD, J.

*

Appellant applied for a writ of mandate to compel the Lompoc City Clerk to certify approval of a tentative parcel map for division of a residential lot into two separate parcels. His contention was that the city failed to act within an applicable statutory time limit, with the result that the map was approved as a matter of law. The trial court denied the petition. We affirm.

Facts

Appellant purchased a 14,000-square-foot parcel of property in the City of Lompoc. It was improved with a house that was in a deteriorated condition. The city zoning ordinance permitted lots of no less than 7,000 square feet. Appellant planned to divide the parcel into two lots, rehabilitate the house, which would be located solely on one of the lots, and hold the other lot for development or sale. To this end he filed an application with the planning commission, of which he was one of the five members, for approval of a tentative parcel map showing the lot division. When the matter came

[380]

on for hearing it was opposed by neighbors. The commission, with appellant abstaining, granted the approval.

The neighbors, on February 7, 1986, appealed to the city council, and the matter was set for hearing on March 4. The hearing commenced that day and continued into the early morning hours of March 5 without concluding. At that time the council adjourned the hearing to March 18. Appellant was present and did not object.

On March 12 appellant addressed a memorandum to members of the council, stating that the time for processing objections had expired, resulting in approval as a matter of law. Attached to the memorandum were 35 pages of documentary evidence (including maps, drawings, an appraisal, and lengthy argument) in support of appellant’s contention that the tentative parcel map was consistent with the city’s ordinances and applicable state laws, and attacking the neighbors’ arguments to the contrary.

Pursuant to the prior continuance, the hearing was resumed on March 18; evidence was received and argument presented. At the conclusion of the hearing the council adopted a resolution finding, among other things, that the proposed lot division was inconsistent with the city’s general plan and that the site was not suitable for the proposed development. The resolution went on to uphold the neighbors’ appeal and to deny approval of the tentative parcel map. The following day appellant wrote to the city clerk demanding that she certify approval (by operation of law) of the map, and upon her refusal to do so sought a writ of mandate from the superior court to compel such action.