Gabric v. City of Rancho Palos Verdes

In Gabric v. City of Rancho Palos Verdes (1977) 73 Cal.App.3d 183, appellant applied for a permit to build a two-story residence and obtained a "negative declaration" from the planning director. When neighbors appealed the decision, the city's environmental assessment committee and city council rejected the permit on the grounds that a two-story house would be out of character with the neighborhood and would impair views. At the time there was no official prohibition against a two-story house at appellant's location and there was no interim zoning ordinance prohibiting the construction. A new ordinance was passed before trial, and the city sought to justify its action by the new ordinance. The principle that appellate courts should not issue orders permitting construction of improvements contrary to presently existing legislation ( Selby Realty Co. v. City of San Buenaventura (1973) 10 Cal.3d 110, 125 109 Cal.Rptr. 799, 514 P.2d 111) was discussed, but the Gabric court concluded that it did not apply where the city was wrong in denying the permit under the original ordinance and the construction would not defeat the objects of the new ordinance.