Landi v. County of Monterey

Opinion

SCOTT, J.

Only one issue is before the court on this appeal: Was the appellant’s application for a rezoning approved by operation of law pursuant to Government Code sections 65950 and 65956? We hold that it was not. The decision of the trial court is affirmed.

Appellant owns 18 acres of land located in the Jack’s Peak area of Monterey County upon which he desired to build 24 condominium units. On August 16, 1977, appellant obtained the necessary amendment to the Monterey Peninsula Area Plan to allow the condominium units. On August 20, 1977, appellant filed a completed rezoning application to bring the zoning, which was designated as ,2-.4 families per acre, into conformity with the new general plan designation. On April 25, 1979, after reviewing the environmental impact report, the planning commission recommended denial of the rezoning request. The board of supervisors agreed and denied the zoning. On March 25, 1980, the board brought the Monterey Peninsula Area Plan into conformity with the zoning ordinance by reamending the plan back to its original designation of “Conservation-Residential ,2-.4 families per acre.”

Appellant contends that the failure to deny his application for rezoning within one year results in the approval of the application by operation of law; therefore, the board’s denial was ineffective.

[936]

Appellant bases his contention on Government Code sections 65950 and 65956. Government Code section 65950 states, “Any public agency which is the lead agency for a development project shall approve or disapprove such project within one year from the date on which an application requesting approval of such project has been received and accepted as complete by such agency. . . .” Government Code section 65956, subdivision (a), states, “In the event that a lead agency or a responsible agency fails to act to approve or disapprove a development project within the time limits required by this article, such failure to act shall be deemed approval of the development project. ” The relevant definitions necessary for the interpretation of these statutes are as follows: (1) “ ‘Development project’ means any project undertaken for the purpose of development. ‘Development project’ includes a project involving the issuance of a permit for construction or reconstruction but not a permit to operate. ...” (Gov. Code, § 65928.) (2) “ ‘Project’ means any activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.” (Gov. Code, § 65931.)