Wesley Investment Co. v. County of Alameda

We hold that a county may properly reject a proposed use of real property through its site development review procedure, even though the proposed use is “permitted” under the applicable zoning ordinance.

I. Procedural Background and Facts

The pertinent facts appear to be undisputed. Respondent having failed to include a statement of facts in its brief, we accept as true the statement of facts in appellant’s opening brief. (See Cal. Rules of Court, rule 17(b).)

The subject property in Alameda County (county) is owned by appellant Wesley Investment Company (Wesley), a family-owned corporation. The property is a small part of a 3.87-acre shopping center known as Bockman Plaza, which consists of two commercial buildings having a total area of approximately 31,000 square feet, and which is located in the community known as San Lorenzo. Bockman Plaza is bordered on three sides by residences; the fourth side faces a commercial development which includes a liquor store, a market, a drug store, and a service station.

The subject property has been zoned “C-l, Retail Commercial,” since 1955. Ordinance Code of the County of Alameda (Ordinance Code) section 8-48.1 lists one of the…