Lockard v. City of Los Angeles

202 P.2d 38, 33 Cal. 2d 453, 7 A.L.R. 2d 990, 1949 Cal. LEXIS 206
CourtCalifornia Supreme Court
DecidedFebruary 1, 1949
DocketL. A. 20383
StatusPublished
Cited by154 cases

This text of 202 P.2d 38 (Lockard v. City of Los Angeles) 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
Lockard v. City of Los Angeles, 202 P.2d 38, 33 Cal. 2d 453, 7 A.L.R. 2d 990, 1949 Cal. LEXIS 206 (Cal. 1949).

Opinions

GIBSON, C. J.

This is an appeal by the city of Los Angeles from a judgment declaring certain provisions of a comprehensive zoning ordinance invalid and void insofar as it affects the use of a strip of property twelve blocks long within which plaintiffs’ property is situated.

The zoning scheme of defendant city adopted in June, 1946, classifies the city into 16 types of districts as follows: Two agricultural districts; one suburban district; five residential districts, zoned R-l through R-5 starting with the [456]*456most highly restricted one-family residential areas through various grades of multiple dwellings; four commercial districts, zoned C-l through C-4, in which are permitted various types of commercial uses; one business district, zoned C-M; and three industrial and manufacturing districts, zoned M-l through M-3, where light and heavy manufacturing is permitted.

In areas zoned C-2, in one of which plaintiffs’ properties were placed, all uses are permitted which are allowed in the more restricted residential and C-l zones. It is also permissible in C-2 areas to carry on retail businesses including processing and manufacturing clearly incidental to a retail store, provided there are no more than five persons engaged in processing or manufacturing, and service enterprises such as catering, cleaning, laundering, plumbing, upholstering, and the like, provided no more than five persons are engaged in that work. In an M-l zone the ordinance permits all uses allowed in more restricted zones together with practically all types of light manufacturing, fabricating, and processing, including candy making, soap manufacturing, light sheet metal fabricating, auto assembling, painting and repairing, blacksmithing, battery manufacturing, casting of lightweight nonferrous metals, and the like. Under the zoning scheme two zones less restricted than a C-2 zone intervene between C-2 and M-l: one permits the same uses as C-2, but allows taller buildings, and the other does not have the five-man limitation on fabrication incidental to retail business and allows the type of light manufacturing permitted in an M-l zone, provided not more than 10 per cent of the floor space is devoted to it.

This suit involves the zoning of property fronting on Jefferson Boulevard, a through street running in an easterly and westerly direction. Both sides of Jefferson were zoned for C-2 uses for a distance of several miles east of Vineyard Avenue. Plaintiffs’ properties consist of various noncontiguous parcels located on Jefferson in the twelve blocks lying between Vineyard Avenue on the west and Crenshaw Boulevard on the east. This 12-block strip is approximately 125 feet deep on each side of Jefferson and is bordered by alleys. The property to the south of the strip was placed mainly in an R-l zone, with some R-2 and R-3 uses permitted, and north of the strip about one-half of the property was zoned R-l, the remainder being R-2 and R-3.

West of Vineyard for about six blocks both sides of Jefferson were zoned M-l. This district was bordered on the south [457]*457by a railroad track running diagonally southeast so that the total area zoned M-l on the south side of Jefferson includes a triangular section deeper than 125 feet. South of the M-l zone the property is principally zoned R-4, and most of it is not available for development for private uses because it is publicly owned and occupied for school and playground purposes. To the north of the section of Jefferson zoned M-l, the property was zoned mainly for two-family and multiple dwellings (R-2, R-3, R-4, and R-5). The only ways across the railroad track are at Crenshaw on the east, at Farmdale Avenue two blocks east of Vineyard, and at La Brea Avenue four blocks west of Vineyard in the M-l zone.

The trial court viewed the area, and the parties stipulated concerning the uses made of the properties and the efforts of plaintiffs to have the 12-block strip rezoned. The stipulation shows that prior to June 1, 1946, under the former zoning scheme, the 12-block strip in which plaintiffs’ properties are located was in a zone denominated “C-3,” which was apparently comparable to the present C-2 zone in the uses permitted. This controversy began in November, 1944, when 13 property owners in this strip were cited for violations of the former ordinance. In view of pending plans for comprehensive rezoning of the city, the prosecutions were held in abeyance until it was determined in which zone the strip would be placed under the new plan.' Several hearings were held before the planning commission and the city council in which it was sought to have the strip placed in an M-l zone, but ultimately it was placed in the present C-2 zone. Twenty owners or lessees of property within the strip then brought this action in July, 1946. It is not disputed that plaintiffs took all the necessary administrative steps to get the strip zoned M-l and did not commence this action until their administrative remedies were exhausted. (See Metcalf v. County of Los Angeles, 24 Cal.2d 267 [148 P.2d 645].)

The 12-block strip was divided into approximately 60 lots on each side of the street with a total frontage of about 6,275 feet. Of the total frontage 2,725 feet or 52 lots were vacant, 1,835 feet or 36 lots were devoted to uses permitted in a C-2 zone, and 1,715 feet or 30 lots were being used for purposes permitted in an M-l, but not a C-2, zone. Nine other lots were being partially used for M-l purposes. Of the frontage devoted to M-l uses, however, 50 feet were lawfully used because of an established nonconforming use existing prior to the first zoning of the property, 455 feet were being used lawfully [458]*458under permitted variances, and many of the violations on the remaining 1,210 feet were commenced subsequent to 1943. The plaintiffs, 20 owners and lessees within the 12-block strip, were using their property in violation of the ordinance, and, although the precise date when such -violations commenced does not appear, one started his business in 1940, another in 1944, three in 1945, two in 1946, and one in 1947.

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Bluebook (online)
202 P.2d 38, 33 Cal. 2d 453, 7 A.L.R. 2d 990, 1949 Cal. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lockard-v-city-of-los-angeles-cal-1949.