Bickel v. City of Piedmont

946 P.2d 427, 16 Cal. 4th 1040, 97 Cal. Daily Op. Serv. 8767, 97 Daily Journal DAR 14197, 68 Cal. Rptr. 2d 758, 1997 Cal. LEXIS 7661
CourtCalifornia Supreme Court
DecidedNovember 20, 1997
DocketNo. S048396
StatusPublished
Cited by144 cases

This text of 946 P.2d 427 (Bickel v. City of Piedmont) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bickel v. City of Piedmont, 946 P.2d 427, 16 Cal. 4th 1040, 97 Cal. Daily Op. Serv. 8767, 97 Daily Journal DAR 14197, 68 Cal. Rptr. 2d 758, 1997 Cal. LEXIS 7661 (Cal. 1997).

Opinions

Opinion

KENNARD, J.

In 1977, the Legislature enacted the Permit Streamlining Act. (Gov. Code, § 65920 et seq.; all statutory references are to the Government Code unless otherwise indicated.) The act, as relevant here, has certain time limits within which a government agency must either approve or disapprove an application for a development project. (§ 65950 et seq.) Failure to act within these time limits “shall be deemed approval of the permit application for the development project.” (§ 65956, subd. (b).)

Does the act prohibit an applicant’s waiver of the time limits? We conclude that it does not and that in this case substantial evidence supports the trial court’s finding of waiver by plaintiff applicants.

[1044]*1044I.

On March 7, 1991, plaintiffs Branden Bickel and Claudia Cate applied to the City of Piedmont Planning Commission (Planning Commission) for approval of a proposed 2,739-square-foot second story addition to their ranch-style home. The commission assigned No. 44-91 to the application, and scheduled a public hearing for April 8,1991. After plaintiffs learned that some of their neighbors had expressed concerns about the proposed addition, plaintiffs asked the commission to take the matter off its April 8 calendar. On April 8, the Planning Commission granted the request, and continued the hearing for six months. Plaintiffs did not resubmit their remodeling application within that six-month period, nor did they ask that the matter be rescheduled for a public hearing.

On March 10,1992, plaintiffs submitted revised drawings to the Planning Commission, followed on March 12 by another request for approval of the proposed second story addition to their home. The commission assigned No. 52-92 to this application, scheduled a public hearing for April 13, and gave notice to plaintiffs’ neighbors.

At the April 13, 1992, hearing, several neighbors objected to plaintiffs’ proposed second stoiy addition on the grounds it would tower over adjacent properties, intrude upon their views and privacy, and be incompatible with the neighborhood’s single-story homes. The neighbors suggested expansion of the first floor level as a less intrusive option. Thereafter, the Planning Commission concluded that although a full second story addition “appeared impossible for this property, a partial second story addition may be acceptable.” Plaintiff Branden Bickel, a real estate attorney, then asked for a continuance to consider the commission’s comments. The commission continued the hearing for a period not to exceed six months. The commission thereafter notified plaintiffs that the revised plans should be submitted within the six-month period, and that it would consider plaintiffs’ application for a remodeling permit at the commission’s next regular meeting.

In September 1992, plaintiffs submitted a revised set of drawings to the Planning Commission, which set a public hearing for October 12. Prior to the hearing, the chairman of the Planning Commission visited plaintiffs’ property and suggested certain changes in plaintiffs’ remodeling plans. Plaintiffs then sought to have the October 12 hearing rescheduled to a later date. The commission notified plaintiffs by letter of a continuance not to exceed three months. Plaintiffs submitted revised plans, and the matter was scheduled for a public hearing on November 9.

At that hearing, some of plaintiffs’ neighbors supported plaintiffs’ revised remodeling plans while others opposed them. The minutes of the hearing [1045]*1045reflect that the chairman of the Planning Commission “supported the concept of a second story” but “opposed the submitted design.” Tlie other members opposed the plans “for design and massing reasons.” The minutes further state that the commissioners “reiterated their October suggestion to [plaintiffs] that a partial second story be considered” and that “the Planning Commission continues for a period not to exceed three months further consideration of Mr. Branden Bickel’s design review application for proposed construction . . . .” Plaintiffs received written notice of the continuance. Although the minutes do not record who initiated the request for a continuance, the parties agree that the following colloquy occurred at the hearing:

“[Commission Chair]: It’s not going to pass tonight. . . [s]o it looks like we’re on a continuance.
“[Commission member]: Yeah ... if that’s what the applicant would like.
“[Applicant Bickel]: That’s what the applicant would like.
“[Commission Chair]: Alright.
“[Commission member]: Move for a three month continuance.
“[Commission Chair]: Is there a second?
“[Commission member]: Uh, I’ll second the motion.
“[Commission Chair]: Fine. There’ll be a continuance for three months.”

On January 12,1993, plaintiffs submitted yet another revised set of plans. Following a public hearing on February 8, 1993, the Planning Commission denied approval because the design of plaintiffs’ proposed second story addition was “too massive, too bulky and not in keeping with other homes in the neighborhood.”

Plaintiffs appealed to the Piedmont City Council (City Council), asserting for the first time that their remodeling application was “deemed” approved by operation of law because the Planning Commission had neither approved nor disapproved the application within the statutory time limits. When the City Council affirmed the commission’s ruling, plaintiffs petitioned the Alameda County Superior Court for a writ of mandate. That court denied the petition on the grounds of waiver and estoppel. Plaintiffs sought review in [1046]*1046the Court of Appeal, which reversed, concluding that “waiver has no place in the policy and provisions of the [Permit Streamlining] Act.” One justice on the three-member panel wrote a concurring and dissenting opinion, concluding that the act did not preclude a waiver of its time limits but that in this case the facts did not establish a waiver. We granted review.

II.

In 1977, the Legislature enacted the Permit Streamlining Act (hereafter sometimes referred to as the Act) to relieve applicants from protracted and unjustified governmental delays in processing their permit applications. (See generally, Merritt, The Permit Streamlining Act: The Dream and the Reality (Cont.Ed.Bar 1991) 1 Land Use Forum 30; Wilson, Down Stream from Streamlining (Aug. 1987) 7 Cal.Law. 67.) It was supported by such diverse groups as the California Chamber of Commerce, the California Manufacturers Association, and the Sierra Club, and it received only one negative vote in the Legislature when enacted. (Merritt, The Permit Streamlining Act: The Dream and the Reality, supra, at p. 30.) The one event seen as a catalyst for the Act was the decision by Dow Chemical Company to withdraw its applications for a proposed $500 million petrochemical plant in Contra Costa County that would have created 2,000 new jobs. (Wilson, Down Stream from Streamlining, supra, at p. 67; see Ciani v. San Diego Trust & Savings Bank (1991) 233 Cal.App.3d 1604, 1609, fn. 1 [285 Cal.Rptr. 699].) Dow reportedly spent nearly three years and between $4.5 million and $10 million to obtain just four of the sixty-five required permits. (Wilson,

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946 P.2d 427, 16 Cal. 4th 1040, 97 Cal. Daily Op. Serv. 8767, 97 Daily Journal DAR 14197, 68 Cal. Rptr. 2d 758, 1997 Cal. LEXIS 7661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bickel-v-city-of-piedmont-cal-1997.