City of Carmel-By-The-Sea v. Bd. of Supervisors of Monterey Cty.

Good Law
139 Cal. Rptr. 214·1977 Cal. App. LEXIS 1590·71 Cal. App. 2d 84·71 Cal. App. 3d 84
Court of Appeal of CaliforniaJune 24, 1977Civ. 38811California4,428 words

Opinion

Opinion

Rouse, J.

In this action plaintiffs, City of Carmel-By-The-Sea (City), the Carmel Area Coalition, Inc. (Coalition), and Mary M. Arnn (Arnn), sought a writ of mandate directing defendants, the Monterey County Board of Supervisors (Board), and the Zoning Administrator for Monterey County (Zoning Administrator), to with draw a use permit that had been issued to the real party in interest, Carmel Properties Company, for a proposed motel development; also, an injunction prohibiting the chief building inspector from issuing a building permit on the project. The trial court upheld the issuance of the use permit and entered judgment for defendants. Plaintiffs have appealed from that judgment. We have reviewed the administrative findings and conclude that they are not sufficient to support the decision and action of the agencies involved. (Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506 [ 113 Cal.Rptr. 836 , 522 P.2d 12 ].) Accordingly, we reverse the judgment.

On September 24, 1973, Carmel Properties Company filed, with the Zoning Administrator, an application for a use permit to build a motel. This application was subsequently modified on June 4, 1974,…

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