Tush v. Board of Supervisors

California Court of Appeal May 17, 1968 No. Civ. 30310Published

Before: Jefferson

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Holding. The court held that the Board of Supervisors failed to comply with a local ordinance requiring it to make findings of fact upon request, as the Board's decision was not final until it adopted the resolution containing all conditions on October 5, 1965.

Issues

Whether the appellant's request for findings was timely under the local ordinance.
Whether the Board of Supervisors was required to make findings of fact to support its decision regarding the use permit.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“The “decision” referred to in section 8163.8(4) must be one which disposes of all matters relating to conditions to be imposed.”

“Since appellant requested findings on September 30, 1965, appellant was entitled to findings under section 8163.8(4).”

“Written determinations by the board, that facts exist in the record establishing that those requirements have been met, are called for.”

JEFFERSON, J.

Appellant sought a writ of mandate in the superior court of Ventura County to compel the board of supervisors to annul a use permit granted by the county’s board of zoning adjustment. The permit authorized respond

[280]

ent Jade Oil & Gas Company (hereafter “Jade Oil”) to engage in the exploration for, and production of,. oil and gas under its mineral rights lease on land the surface ownership of which was vested in appellant. The latter purchased the land from the predecessor in interest of respondents Hammond, the owners of the mineral rights and through whom Jade Oil derives its interest. The mineral rights include the right to use the surface for discovering, recovering and removing oil.

Following a hearing, the permit was issued subject to numerous conditions controlling Jade Oil’s activities. Pursuant to local ordinance provisions, appellant filed an appeal with the board of supervisors. A hearing was held and the board denied the appeal but imposed additional conditions. Appellant then brought this action for a writ of mandate. The matter was tried and the court below entered judgment denying the writ. This is an appeal from that judgment.

The board of supervisors failed to make findings in deciding the appeal brought by appellant. Under applicable Ventura County ordinance provision, the board is required to make findings where requested before it renders its “decision. ’ ’

The ordinance in question, in pertinent part, provides: “The Board of Supervisors may sustain, modify reject or overrule, wholly or partly, any decision by the Board of Zoning Adjustment. It may impose such conditions and limitations it deems necessary to assure that the general purpose and intent of this Chapter will be observed, the public interest, health, safety and welfare secured, and substantial justice will be done.

The resolution shall recite the conditions and limitations imposed. It need not recite any findings for the decision unless the appellant so requests before the Board of Supervisors renders its decision.

...” [Italics added.] (Section 8163.8(4).)

In Ventura County a use permit is required for the development of natural resources, including oil and gas exploration, on land zoned for limited agricultural and residential use. The land involved in this case is so zoned.

Tush v. Board of Supervisors

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JEFFERSON, J.

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