City of Carmel-By-The-Sea v. Board of Supervisors

The Monterey County Board of Supervisors (hereafter Board) and Rancho Canada de la Segunda, Inc. (hereafter Rancho), appeal from an order stating that the Board failed to comply with the trial court’s peremptory writ of mandate and that a use permit which the Board had issued to Rancho was invalid. We affirm.

Statement of the Case and of the Facts

Rancho applied for a use permit to construct a 376-room resort hotel and lodge complex with 12 tennis courts and other supporting facilities. The Monterey County Planning Commission found that the proposal would be inconsistent with the general plan affecting the area. Rancho appealed to the Board, which found by a vote of three to two that the development was consistent with the Carmel Valley Master Plan. On May 9, 1979, the planning commission met to consider Rancho’s amended application for a use permit to construct a 175-room facility with 4 swimming pools and 4 tennis courts. A motion to approve the use permit was not carried because the vote was tied at three to three.

On July 9, 1979, respondent, City of Carmel-By-The-Sea (hereafter City) adopted a resolution (No. 79-28) addressed to the Board opposing issuance of the…