Avenida San Juan Partnership v. City of San Clemente

The City of San Clemente (the City) appeals from a conditional judgment in favor of Avenida San Juan Partnership (the owners). The City imposed an “RVL” or “residential, very low” set of land use restrictions on an undeveloped 2.85-acre parcel in the middle of a residential tract otherwise zoned “Residential, Low Density Zone.” The RVL designation limits parcels to one dwelling per 20 acres. Residential, low (RL) by contrast, allows at least four dwellings per acre. There were two phases of trial. In phase one, the trial court concluded the restrictions constituted spot zoning. It issued *1260 a writ of mandate declaring the resolution denying the owners’ application to develop four houses on the property null and void and ordered the City to adopt a new resolution vacating the resolution denying the owners’ application.

The City asked for a stay of the writ. The stay was granted. In phase two, there was a trial on the owners’ request for damages. The court found a compensable taking, using the “Penn Central factors” test. (See Penn Central Transp. Co. v. New York City (1978) 438 U.S. 104 [ 57 L.Ed.2d 631 , 98 S.Ct. 2646 ] (Penn Central)) The court entered a conditional…