Knoell

Knoell v. City of Lompoc

Good Law
195 Cal. App. 3d 378·1987 Cal. App. LEXIS 2196·240 Cal. Rptr. 464
Court of Appeal of CaliforniaSeptember 14, 1987B023658California1,291 words

Opinion

Opinion

Willard, J.

Appellant applied for a writ of mandate to compel the Lompoc City Clerk to certify approval of a tentative parcel map for division of a residential lot into two separate parcels. His contention was that the city failed to act within an applicable statutory time limit, with the result that the map was approved as a matter of law. The trial court denied the petition. We affirm.

Facts

Appellant purchased a 14,000-square-foot parcel of property in the City of Lompoc. It was improved with a house that was in a deteriorated condition. The city zoning ordinance permitted lots of no less than 7,000 square feet. Appellant planned to divide the parcel into two lots, rehabilitate the house, which would be located solely on one of the lots, and hold the other lot for development or sale. To this end he filed an application with the planning commission, of which he was one of the five members, for approval of a tentative parcel map showing the lot division. When the matter came on for hearing it was opposed by neighbors. The commission, with appellant abstaining, granted the approval.

The neighbors, on February 7, 1986, appealed to the city council, and the matter was set for…

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