Honey Springs Homeowners Ass'n v. Board of Supervisors

Honey Springs Homeowners Association, Inc., and the Sierra Club (petitioners) appeal a judgment denying their petition for a peremptory writ of mandate, seeking to vacate the Board of Supervisors of San Diego County (Board) resolution cancelling certain long-term land conservation contracts restricting development of rural acreage. The restricted land has now been purchased by investors intending to immediately develop it into a “clustered” residential/commercial community housing and providing a commercial center, security facilities and utilities for residents of 389 luxury homes.

We review the lawfulness of the Board’s action in light of the constitutional and statutory effect of the California Land Conservation Act of 1965, “The Williamson Act” (Gov. Code, § 51200 et seq.), 1 as amended by the *1128 Robinson Act (Stats. 1981, ch. 1095, pp. 4249-4255) and article XIII, section 8 of the California Constitution. This statutory scheme restricts the early cancelling of agricultural and other open space preserve contracts in which landowners agree to not otherwise develop their lands for at least 10 years in exchange for property tax assessments lower than could otherwise…

I respectfully dissent.

The Board of Supervisors of San Diego County determined that respondent Real Party in Interest was permitted to cancel the agricultural and open space preserve contracts pertaining to the respondent’s land, under the “window” provisions of the Robinson Act amendments to the Williamson Act, and to proceed with development of their property based on a finding the planned development would not “create discontiguous patterns of urban development.” There is no question but what this finding, if proper, is a valid basis of the board’s action.

The Board’s finding the development would not “create discontigous patterns of urban development” is based on a finding the planned development is “rural” in nature and therefore by definition not “urban.” The majority of this court determine the planned development is in fact urban. The proposed development, having been scaled down from 862 dwelling, units to 389 units to comply with the “multiple rural use density limitations of the Jamul-Dulzura Subregional Area Plan,” has a density of .18 units per acre or 5.2 acres per unit, with actual lot sizes ranging from 1 acre to 2.5 acres and more than 40 percent of the land…

McCutchen, Doyle, Brown & Enersen, Barry P. Goode, Antonio Rossmann and Christine Sherry for Real Parties in Interest and Respondents.

OPINION

WORK, Acting P.J.

Honey Springs Homeowners Association, Inc., and the Sierra Club (petitioners) appeal a judgment denying their petition for a peremptory writ of mandate, seeking to vacate the Board of Supervisors of San Diego County (Board) resolution cancelling certain long-term land conservation contracts restricting development of rural acreage. The restricted land has now been purchased by investors intending to immediately develop it into a "clustered" residential/commercial community housing and providing a commercial center, security facilities and utilities for residents of 389 luxury homes.

We review the lawfulness of the Board's action in light of the constitutional and statutory effect of the California Land Conservation Act of 1965, "The Williamson Act" (Gov. Code, § 51200 et seq.), [1] as amended by the Robinson Act (Stats. 1981, ch. 1095, pp. 4249-4255) and article XIII, section 8 of the California Constitution. This statutory scheme restricts the early cancelling of agricultural and other open space preserve contracts in…