Delucchi

Plaintiffs Andrew and Dorothy Delucchi are the owners of approximately 163 acres of land in the coastal zone bordering the residential community of La Selva Beach in Santa Cruz County. On February 23, 1971, plaintiffs and the County of Santa Cruz (County) entered into a contract pursuant to the Land Conservation Act of 1965, also known as the Williamson Act (Gov. Code, §§ 51200-51295) wherein it was agreed that the above-noted property would be restricted to agricultural and compatible uses. Thereafter, County placed the subject property into an “agricultural preserve” (A-P) zone. The A-P zone in effect at the time the contract was executed authorized a single-family dwelling for each 10 acres of total site area as a permitted, i.e., nondiscretionary, use. Except for certain specified conditional uses, all agricultural uses, including “accessory buildings,” were similarly designated as permitted uses for which it was not necessary to obtain a discretionary permit from the County. Greenhouses were not specified as conditional uses.

On November 7, 1972, the California Coastal Act (now codified in Pub. Resources Code, § 30000 et seq.) was adopted by voter initiative. 1…

I join in parts II and III of the opinion.

As to part I, I consider the discussion of contract interpretation in the context of the parol evidence rule to be beside the point even though the case was tried on that theory. Delucchi’s position is that he was induced to enter into a Williamson Act agreement by the County’s representation that the then-existing zoning would remain in effect during the life of the agreement. Evidence in support of such a contention is not designed to vary or interpret a writing but to establish that the agreement, though clear, is unenforceable because entered into on the basis of either a mutual mistake or a unilateral mistake brought about by the County’s fault. (Rest.2d Contracts, §§ 152, 153.) Such an inducement may always be proved by parol evidence and does not invoke the rules laid down in Pacific Gas & E. Co. v. G. W. Thomas Drayage etc. Co. (1968) 69 Cal.2d 33 [ 69 Cal.Rptr. 561 , 442 P.2d 641 , 40 A.L.R.3d 1373 ]. (2 Jefferson, Cal. Evidence Benchbook (2d ed. 1982) § 32.4.) But the remedy for mistake is rescission (Guthrie v. Times-Mirror Co. (1975) 51 Cal.App.3d 879, 884 [ 124 Cal.Rptr. 577 ]), a form of relief Delucchi does not seek as it…

Thomas F. Olson and Jennifer Mellett von Nosler for Amici Curiae on behalf of Plaintiffs and Appellants.

John K. Van de Kamp, Attorney General, N. Gregory Taylor, Assistant Attorney General, Joseph Barbieri, Deputy Attorney General, and Dwight L. Herr, County Counsel, for Defendants and Appellants.

OPINION

O'FARRELL, J. [*]

Plaintiffs Andrew and Dorothy Delucchi are the owners of approximately 163 acres of land in the coastal zone bordering the residential community of La Selva Beach in Santa Cruz County. On February 23, 1971, plaintiffs and the County of Santa Cruz (County) entered into a contract pursuant to the Land Conservation Act of 1965, also known as the Williamson Act (Gov. Code, §§ 51200-51295) wherein it was agreed that the above-noted property would be restricted to agricultural and compatible uses. Thereafter, County placed the subject property into an "agricultural preserve" (A-P) zone. The A-P zone in effect at the time the contract was executed authorized a single-family dwelling for each 10 acres of total site area as a permitted, i.e., nondiscretionary, use. Except for certain specified conditional uses, all agricultural uses, including "accessory buildings,"…