Community Development Commission v. City of Fort Bragg

Community Development Commission of Mendocino County (CDC) appeals from a judgment denying issuance of a peremptory writ of mandate directing the City of Fort Bragg (Fort Bragg) to reinstate a conditional use permit which it found to have expired or to set aside its finding that the permit had expired. The judgment also denied declaratory relief to the effect that a City of Fort Bragg Municipal Ordinance is unconstitutional.

At issue in this appeal is the interpretation of Fort Bragg’s Municipal Code section 18.76.100 which provides for the expiration of conditional use permits in one year of the date of issuance “unless substantial evidence of use is in progress.” We hold the trial court erroneously interpreted this statute as requiring actual on-site construction. Accordingly, we reverse the judgment.

I

On October 26, 1982, CDC, a public housing agency, and Fort Bragg entered into an agreement requiring both parties to cooperate in the development of affordable housing; CDC agreed to obtain federal funding for the project and Fort Bragg agreed to facilitate construction by granting variances where reasonable and necessary. Thereafter, CDC transferred a preexisting…