Wright Development Co. v. City of Mountain View

Opinion

CALDECOTT, P. J.

Appellant, Wright Development Company, owns an 81-unit apartment building located in the City of Mountain View. Appellant desired to convert the building to condominiums. For that purpose, it filed a tentative subdivision map with respondent City of Mountain View, which was approved by the city council on September 25, 1972. One of the conditions of approval of the subdivision map was payment of a subdivision fee for recreational purposes as authorized by Business and Professions Code section 11546.

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Appellant paid the fee on March 28, 1973. On April 9, 1973, the city council approved appellant’s final subdivision map. On September 13, 1973, appellant notified respondent by letter that appellant had decided not to go ahead with the project, and that the subdivision map had not

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been recorded. In the letter, appellant requested a return of the subdivision fee totalling $19,285.23.

On December 17, 1973, the city council declined to refund the fee. By letter dated Januaiy 28, 1974, and by personal appearance on February 25, 1974, appellant requested that the city reconsider its decision. On February 25, 1974, respondent city reaffirmed its decision to deny refund of the subdivision fee. On March 25, 1974, the approval of the subdivision map expired by operation of law.

Appellant then commenced this action in the superior court seeking a return of its subdivision fee of $19,285.23. The appeal is from the judgment entered following the sustaining of the demurrer of respondent City of Mountain View.

At all times relevant to this case, the Subdivision Map Act was contained in Business and Professions Code section 11500 et seq. Effective March 1, 1975, the Subdivision Map Act was recodified as part of Government Code section 66410 et seq. References hereafter will be to the act as was contained in the Business and Professions Code.

Section 11546 of the act authorizes the dedication of land or payment of fees in lieu thereof for park and recreational purposes as a condition to approval of a subdivision map.