Bright Development v. City of Tracy

Plaintiff Bright Development appeals from a judgment denying its petition for writ of mandate and complaint for declaratory relief. The trial court ruled plaintiff, a developer, was required “to underground” off-site utilities related to a new subdivision constructed by plaintiff. The trial court found that on the date plaintiff’s vesting tentative map application for the proposed subdivision was deemed complete, a City of Tracy ordinance, policy or standard then “in effect” required plaintiff to place underground at its own expense existing, off-site, aboveground utilities. (See Gov. Code, § 66474.2.)

On appeal, plaintiff contends (1) the trial court erred in allowing defendant City of Tracy (City) to supplement the administrative record and to introduce new evidence; and (2) the record does not contain substantial evidence to support the finding that at the time plaintiff’s vesting tentative map application was deemed complete, City had an ordinance, policy or standard “in effect” requiring the developer at its own cost to underground existing off-site utilities. Implicit in plaintiff’s second contention is the claim that even if such a policy or standard was in…