Rohn

Introduction

We are called upon to determine whether the City of Visalia may condition approval of a site plan review and issuance of a building permit on dedication of 14 percent of respondents’ land to correct the alignment of Court Street at its intersection with Tulare Avenue consistent with its general plan. Since there is no reasonable relationship between the dedication condition and the converted use of the property, we affirm the trial court’s judgment deleting the condition.

Facts and Proceedings Below

Court Street runs north and south and intersects Tulare Avenue, which runs east and west. The intersection is within the city limits of Visalia. The portion of Court Street south of Tulare Avenue is skewed to the east; it does not line up perfectly with the continuation of Court Street as it crosses Tulare to the north. It appears that this imperfect intersection came into existence during the original planning development of the area.

In 1978, the city amended its general plan and approved the transition of Court Street and Locust Street to a common two-way major arterial and the eventual connection of Court and Locust north of Tulare Avenue. The decision was…