City of Santa Clara v. Paris

[340]Opinion

KING, J.* This is an appeal from a judgment of dismissal after respondents Paris’ demurrer to appellant City of Santa Clara’s amended complaint was sustained without leave to amend. The second amended complaint, in two causes of action, sought to enforce a condition contained in a variance granted to respondents by appellant. The first cause of action sought to enjoin respondents from acting in violation of the condition, contending the violation constituted a public nuisance under the terms of appellant’s zoning ordinance. The second cause of action requested a declaration of the rights and duties of all parties with respect to the condition contained in the variance. In addition to respondents, appellant had named as other defendants property owners of nearby residential property, although their property was outside appellant’s city limits.

Respondents held fee title to certain real property within appellant’s city limits. Prior to any proceedings, respondents purchased a strip of property adjoining their property. The controversy in this action involves access to this strip. The strip is an alley behind respondents’ property. At one end it provides access to a public street and, at the other end, provides access to a public alleyway running behind the parcels of property belonging to the other defendants. The other end of this public alleyway provides access to another public street. The other defendants’ garage entrances are on the public alleyway.

According to the allegations of the second amended complaint, respondents, in 1973, wished to expand the existing office building on their property. Because of setback requirements, expansion was precluded in the absence of respondents, obtaining a variance from appellant. Respondents applied for a variance from appellant’s planning commission and, at a meeting of the commission in 1973 at which respondents agreed to accept certain conditions, the variance was granted. Condition No. 8, the one in issue here, was as follows: “8. Access to alley to remain open and to be closed periodically to comply with the legal requirements that property remains private.” The imposition of this condition by the planning commission could have been appealed by respondents to appellant’s city council and thereafter to the courts, but they did not do so.

[341]