Smith v. County of Santa Barbara
Opinion
Opinion
Gilbert, J.
After a public hearing, the County of Santa Barbara (County) found that it issued a land use permit in error, but that it was estopped from revoking the permit. The superior court denied a petition for a writ of administrative mandate to require the County to revoke the permit.
We hold that a public entity may be estopped from enforcing the law only in extraordinary cases. This case is not one of them. There is no substantial evidence to support the County’s finding of reasonable reliance on the land use permit. We reverse.
Facts
Several businesses have erected communication facilities on Gibralter Peak in Santa Barbara County. The land is zoned for single family residences, but communications facilities are allowed as a conditional use.
In 1984 a conditional use permit was granted to “Comsite/Bud-North Shore, Inc.” to build “FM.and TV Facilities” on a Gibralter Peak parcel. The permit made no reference to microwave or telephone communications.
Thereafter TMC Communications wanted to build a telephone microwave station on the parcel. TMC hired Raymond Yount, a former County employee familiar with County zoning regulations, to help it apply for the permits.