Rohn v. City of Visalia

• Decision Date: 26 October 1989
• Docket Number: No. F011088,F011088
• Citation: 214 Cal.App.3d 1463,263 Cal.Rptr. 319
• Court: California Court of Appeals Court of Appeals
• Parties: Robert ROHN et al., Plaintiffs and Respondents, v. CITY OF VISALIA, Defendant and Appellant.

Page 319

263 Cal.Rptr. 319

214 Cal.App.3d 1463

Robert ROHN et al., Plaintiffs and Respondents, v. CITY OF VISALIA, Defendant and Appellant.

No. F011088.

Court of Appeal, Fifth District, California.

Oct. 26, 1989.

McCormick, Kabot & Michner and S.L. Kabot, Visalia, for defendant and appellant.

Crowe, Williams & Jordan and Steven R. Williams, Visalia, for plaintiffs and respondents.

OPINION

BAXTER, Associate Justice.

INTRODUCTION

We are called upon to determine whether the City of Visalia may condition approval of a site plan review and issuance of a building permit on dedication of 14 percent of respondents' land to correct the alignment of Court Street at its intersection with Tulare Avenue consistent with its general plan. Since there is no reasonable relationship between the dedication condition and the converted use of the property, we affirm the trial court's judgment deleting the condition.

FACTS AND PROCEEDINGS BELOW

Court Street runs north and south and intersects Tulare Avenue, which runs east and west. The intersection is within the city limits of Visalia. The portion of Court Street south of Tulare Avenue is skewed to the east; it does not line up perfectly with the continuation of Court Street as it crosses Tulare to the north. It appears that this imperfect intersection came into existence during the original planning development of the area.

In 1978, the city amended its general plan and approved the transition of Court Street and Locust Street to a common two-way major arterial and the eventual connection of Court and Locust north of Tulare Avenue. The decision was not made based on the projected future use of the adjacent parcels, but because of the general need "to plan for the future growth needs of the City of Visalia." The proposal also included a plan to correct the imperfect alignment of Court Street at its intersection with Tulare Avenue by curving Court slightly to the west to match the northern corners. The city has not begun work on either the connection or the realignment.

Respondents own real property at the southwest corner of Court Street and Tulare Avenue. A single family residence was on the property and it was zoned for either single or multi-family residences. On May 14, 1985, respondents applied to the city for an amendment to the general plan to change the land use designation from residential to professional administrative offices. The owners intended to convert the house to an office building.

On July 22, 1985, the planning division prepared a report for the Visalia Planning Commission discussing the impact of the conversion. It compared the potential traffic that would be generated by apartments, which could be built without an amendment or zoning change, and by the proposed office building. Two other sites adjoining the property were also considered as potential office buildings. The planning staff determined that the conversion of the three parcels to professional offices would appear "to generate less traffic impact than their development to existing multiple family zoning potential." The report also noted that the proposed Court Street realignment "will necessitate the dedication of additional right-of-way along the northeast corner of the subject property. However, staff does not feel that this will create a constraint on the future conversion of the existing structure." There was no indication that the dedication was required because of increased traffic from the conversion, when the dedication would be demanded, or the exact amount of property that would be required for the dedication.

On July 22, 1985, the planning commission held a hearing on the proposed amendment to the general plan. During the discussion about the property, the proposed realignment of Tulare and Court was discussed. Two residents stated their concerns about traffic in the area. However, there was no mention of dedication of property as a condition of obtaining the amendment or rezoning the property. The matter was continued for further discussion on rezoning the two parcels discussed in the planning staff report, which are adjacent to respondents' property.

On August 12, 1985, the planning commission held another hearing on the proposed amendment, which was recommended by the planning staff. A member of the planning staff stated that professional offices would not create any greater traffic than multi-family developments for which the site was already zoned. A city engineer "explained the plan and proposed alignment for Court Street. He stated that at this point in time there is not a committed time frame when this will occur." While the Court Street plan was explained, there was no mention that the owner would have to dedicate any portion of the property for the realignment. A motion approving the amendment to the general plan was adopted by the planning commission.

In the meantime, the Visalia Historic Preservation Advisory Board recommended the placement of the existing single family residence, known locally as the McSwain Mansion, on the local historic register. The board felt that the structure was of such character that it qualified as a historic landmark. On September 3, 1985, the Visalia City Council amended the local historic register to include the site. Any expansion or alteration of the exterior of the structure, or requests for rezoning, would have to be approved by the advisory board.

On September 3, 1985, the Visalia City Council held a hearing on the proposed amendment to the general plan. A memo from the planning staff recommended the amendment. An Environmental Impact Report (EIR) for the area was also presented to the council. The EIR stated that the project's location is consistent with the general plan's requirement that professional offices have direct access from major arterials. In reviewing potential environmental impacts, including traffic capacity, the EIR concluded that no significant adverse impacts would result from conversion of the property to professional offices.

On September 16, 1985, the city council passed the amendment to the general plan, unconditionally changing the land use designation from residential to professional administrative office.

On October 24, 1985, respondents applied for a zoning change from multi-family residential to professional administrative office, consistent with the amendment to the general plan. On January 8, 1986, the zoning change was considered by the Historic Preservation Advisory Board. The proposed realignment of Court Street was discussed, but there is nothing to indicate that a conditional dedication was also mentioned. The board unconditionally recommended the zoning change.

On March 3, 1986, the city council approved the rezoning. The transcripts of the zoning hearing are not included in the record. However, appellant states that the existence of the general plan requirements for Court Street, "and the fact that a dedication of a portion of the subject real property would be required as a condition of any change of use," was made clear to the respondents during the administrative process. ¹ This conclusion is based on the fact the Planning Staff Report, dated July 22, 1985, was included in the materials presented to the city council during the zoning process. As discussed above, this report contains statements referring to the need for "dedication of additional right-of-way." Respondents submitted applications for a site plan review and building permit to convert the residence to professional office space. The conversion involves installing bathrooms equipped for the handicapped, creating on-site parking facilities, and other relatively minor renovations. The site plan and building permit were approved on condition that respondents dedicate part of their land for the realignment of Court Street. The pertinent conditions relating to the street dedication were contained in the engineering and traffic reviews. The engineering staff review sheet has a check-mark for a right-of-way requirement and the following language: "Reqd. Per info available in Engineer's office." A small note is superimposed at the bottom of the page: "We could need some additional [right-of-way] at the [corner] for the Court/Locust St. Transition." The traffic division review states that "[a]dditional [right-of-way] along Court St. [and] 30' radius [at] Court/Tulare" is required. The site plan review fails to specify the precise location and amount of property required for the street dedication.

The city staff presented a precise dedication proposal on March 28, 1986. The proposed dedication consists of a triangular piece of land on the east edge of the property. At its widest point, the triangle is approximately 25 feet wide. The entire property is 24,259.6 square feet; the proposed dedication is for 3,401.6 square feet. The proposed dedication represents 14 percent of the entire property. Respondents claim that the land proposed for dedication is worth $25,000.

On May 15, 1986, the planning commission held a hearing on respondents' challenge to the dedication condition. The planning commission denied the challenge to the dedication condition, reasoning that it was proper because respondents were aware of the realignment.

On June 2, 1986, the city council heard respondents' challenge to the conditional dedication. The council denied the appeal and required the dedication of the parcel as a condition of granting the site plan approval and the issuance of the building permit.

On June 25, 1986, respondents filed a petition in Tulare County Superior Court for a writ of mandamus ordering the city to delete its dedication condition to the issuance of the building permit. On August 2, 1988, the trial court issued its order granting the writ of mandamus. The court determined that the increased traffic flow in the area caused by the professional development was of a "very minuscule nature." The court acknowledged the city's...