Sounhein

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1183 OPINION Appellants Earl and Alana Sounhein appeal from the denial of their petition for a supplemental writ of mandate in connection with their application for a conditional use permit to build a second residential unit on their property located in the City of San Dimas. This court previously affirmed a judgment ordering the City of San Dimas to process the Sounheins' application under the standards set forth in Government Code 1 section 65852.2 , subdivision (b). ( Sounhein v. City of San Dimas (1992) 11 Cal.App.4th 1255 [ 14 Cal.Rptr.2d 656 ].) The City of San Dimas processed the Sounheins' application and granted the Sounheins a conditional use *Page 1184 permit with certain conditions. The Sounheins sought a supplemental writ ordering respondents City of San Dimas and the City Council of San Dimas (collectively, the City) to vacate certain owner-occupant conditions of the conditional use permit. The Sounheins contend that the disputed owner-occupant conditions are in violation of section 65852.2 , subdivision (b). We conclude the…

This appeal involving two homeowners, Earl Sounhein and Alana Sounhein (hereinafter referred to as the Sounheins), arises out of their application to the City of San Dimas and the City Council of San Dimas (hereinafter collectively referred to as the city) for a permit to build a second residential dwelling unit on their own property. The unit is to be built on the property which the Sounheins occupy. In a prior appeal brought by the city before this court, we affirmed the granting of a peremptory writ of mandate ordering it to vacate an ordinance prohibiting second residential units on any lot in the city. We required the city "to process the Sounheins' application under the standards set forth in [Government Code] section 65852.2 , subdivision (b)." 1 ( Sounhein v. City of San Dimas (1992) 11 Cal.App.4th 1255 , 1262 [ 14 Cal.Rptr.2d 656 ].) The city processed the Sounheins' application and issued a conditional use permit, in pertinent part, subject to the following conditions: "To maintain use of the second residential dwelling unit, the owner of the subject property shall be the occupant of the primary residence or the second residential dwelling unit. . . . [¶] . . . Upon sale…

Appellants Earl and Alana Sounhein appeal from the denial of their petition for a supplemental writ of mandate in connection with their application for a conditional use permit to build a second residential unit on their property located in the City of San Dimas. This court previously affirmed a judgment ordering the City of San Dimas to process the Sounheins’ application under the standards set forth in Government Code section 65852.2, subdivision (b). (Sounhein v. City of San Dimas (1992) 11 Cal.App.4th 1255 [ 14 Cal.Rptr.2d 656 ].) The City of San Dimas processed the Sounheins’ application and granted the Sounheins a conditional use permit with certain conditions. The Sounheins sought a supplemental writ ordering respondents City of San Dimas and the City Council of San Dimas (collectively, the City) to vacate certain owner-occupant conditions of the conditional use permit. The Sounheins contend that the disputed owner-occupant conditions are in violation of section 65852.2, subdivision (b). We conclude the disputed owner-occupant conditions are valid and affirm.

Statutory Scheme

We begin with the statutory scheme, because section 65852.2 is necessary to a complete…