Palmer v. Board of Supervisors

Samuel Palmer appeals an adverse ruling of the trial court at an order to show cause hearing to compel respondent board of supervisors to delete its conditions for approval of appellant Palmer’s tentative map requiring property rezoning before being granted a final subdivision map. We affirm the decision of the trial court.

The sole issue is whether appellant’s tentative map which conformed to a zoning law in existence at the date of the wrongful denial of appellant’s application should be subject to a subsequently enacted zoning ordinance.

On September 17, 1980, appellant filed with the Ventura Planning Department a tentative map and application to subdivide his 35.5-acre parcel (designated in the county’s general plan as open space 10-40 acres and prior to September 22, 1982, zoned “Agricultural Exclusive Prime 10 acre minimum”) into three lots of 15.3, 10.1, and 10.1 acres. Requested lot sizes were consistent with minimum zoning laws. Respondent denied approval, claiming that the site was not physically suitable for the proposed density of development (Gov. Code, § 66474, subd. (d)) and that the proposed lot sizes would not be compatible with the adjacent…