Findleton v. Board of Supervisors

Opinion

SIMS, J.

Appellant Robert Findleton, the owner of a parcel of real property in El Dorado County (County), petitioned the trial court for a writ of mandate to order respondent County Board of Supervisors (Board) to issue him a certificate of compliance with the Subdivision Map Act (Gov. Code, § 66410 et seq.; hereafter SMA) so that he could make use of his property.

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The trial court denied Findleton’s petition on the ground that the Board had already issued him a conditional certificate of compliance and that he was not entitled to an unconditional certificate. Findleton appeals, contending that the interaction of the SMA and the Permit Streamlining Act (§ 65920 et seq.; hereafter PSA) in relation to the facts of this case compels the issuance of an unconditional certificate of compliance as a matter of law. Finding that the PSA does not apply here and that the conditional certificate of compliance Findleton has received is all he is entitled to at this point, we shall affirm.

Factual and Procedural Background

The parcel of real property in question consists of approximately 18 acres in an unincorporated rural area of El Dorado County. This parcel was created in 1980, along with 18 others, through the division of a larger parcel by gift deed.

In November 1990, the County recorded a notice of violation of the SMA as to all 19 parcels, alleging that their creation violated the act.

Findleton originally took title to his parcel in 1984. Following a series of sales and subsequent foreclosures, he finally retook title and possession in January 1991.

On January 23, 1991, Findleton submitted an application for a certificate of compliance with the SMA to the planning division of the county community development department (Department).

The application had not been finally acted upon by September 1991.

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On September 20, 1991, Findleton filed a petition for alternative writ of mandamus, naming as respondents the Board and Larry Walrod, “Director, El Dorado County Planning Department” The petition alleged that respondents had a ministerial duty under the SMA (specifically, § 66499.35) to act on Findleton’s application and grant a certificate of compliance and sought a writ compelling them to do so. The petition made no reference to the PSA.