Nature of Proceedings: Motion: Stay of Administrative Decision

This petition for writ of administrative mandamus arises from the Board of Supervisors� denial of a purportedly mandatory consistency re-zone, which in turn was allegedly used to deny the issuance of a Conditional Use Permit (CUP) for the operation of recreational facilities open to the public on private land owned by petitioner James Mosby.

Under an outdated version of the County�s General Plan, the property had been zoned DMG (Design Manufacturing), a light industrial use zoning. The County then rezoned the property to AG-40, even while acknowledging that the Mosby and surrounding properties were too small for economically feasible agricultural production. In 1978, the County approved a new General Plan, which modified various zoning designations, including that applicable to the property. The designations were codified in Ordinance 661. At that time, the City of Lompoc was pursuing annexation of certain parcels adjacen