Dore

Dore v. County of Ventura

Good Law
1994 Cal. App. LEXIS 228·23 Cal. App. 4th 320·28 Cal. Rptr. 2d 299·94 Daily Journal DAR 3468·94 Cal. Daily Op. Serv. 1903
Court of Appeal of CaliforniaFebruary 17, 1994B072081California3,212 words

Opinion

Opinion

Stone, J.

Edward Dore (Dore) appeals from the trial court’s denial of his petition for writ of mandate to compel respondent, County of Ventura (the County), to issue a planned development permit (PDP) for construction of a commercial building in the community of Bell Canyon. We affirm.

Facts

Bell Canyon Community is an exclusive, guard-gated, rural enclave with 796 lots on which 484 homes have been built. Another 58 homes are under construction and plans for 13 more are being considered by the planning department of the County.

In 1969, when this community was created, 31 lots were zoned for commercial development. In 1973, the County rezoned 27 of those lots for residential use, leaving only 4 commercial lots in the area, including Dore’s. Of those four lots, two contain public tennis courts and only one, immediately adjacent to the subject property, has a commercial building. Thus Dore owns the only lot in Bell Canyon Community which was zoned and undeveloped for commercial use.

On May 4, 1987, Dore applied for a PDP to construct a three-building commercial center. The environmental impact report (EIR) and the County’s planning report stated that the project would not result…

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