Tustin Heights Assn. v. BD. OF SUPERVISORS OF ORANGE CTY.

Pacts

The respondent board of supervisors enacted a land use plan for Orange County entitled “The Districting Ordinance.” The respondent, The Roman Catholic Archbishop of Los Angeles, petitioned the Orange County Planning Commission for a conditional use permit for the establishment of a church and an elementary parochial school in the 100-E4 Small Estates District. After hearings, the planning commission recommended denial of the applica-' tion on the grounds that (1) “The site is not large enough to take care of students under customary state standards and also provide adequate parking space”; (2) that “Material detriment or injury to the neighborhood will result from issuance of this permit.”

After disapproval by the planning commission, the matter was submitted to the board of supervisors. On May 22, 1957, the board of supervisors held a hearing at which evidence was submitted and the hearing was closed with a motion to reach a decision on the application on Wednesday, May 29, 1957. On May 29, 1957, the board of supervisors met without reopening the hearing, although the applicant proposed to amend the application by changing the location and number of the access roads, the…