Claremont Taxpayers Assn. v. City of Claremont

BURKE, P. J.

The Claremont Taxpayers Association seeks by this action in declaratory relief to nullify the comprehensive city zoning ordinance of the City of Claremont adopted March 31, 1958, being ordinance No. 599. Irregular

[591]

ity is asserted in the proceedings for the adoption of the ordinance.

The plaintiff asserts that the underlying purpose of the adoption of the ordinance is to redistriet large areas of the city to uses less than their highest and best, as such uses had been previously determined and established under the former zoning ordinance.

Plaintiff contends the effect of the new zoning ordinance is to frustrate necessary business expansion, resulting in diminution of vested property values and a reduction of tax revenues.

With the wisdom of the ordinance we are not hero concerned, such being a proper legislative function which is not reviewable unless palpably unreasonable.

(Lynch Meats of Oakland, Inc.

v.

City of Oakland,

196 Cal.App.2d 104, 109 [16 Cal.Rptr. 302]

; Justesen’s Food Stores, Inc.

v.

City of Tulare,

43 Cal.App.2d 616, 620-621 [111 P.2d 424].) Its validity, however, is attacked upon several grounds, primarily because it is asserted the ordinance should be considered as amending the prior zoning ordinance and was enacted without compliance with the provisions of the city’s zoning ordinance No. 441 with respect to notice.

The latter ordinance prescribed a comprehensive zoning plan for the city and effectively established zoning districts and regulated the uses of lands and buildings therein. It also specified the method whereby, upon notice, property could be removed from one zone and placed in another.

Plaintiff contends that such procedure should have been complied with to effect a change in zoning. This contention assumes that ordinance No. 599 was amendatory of ordinance No. 441. As its title indicates, the purpose of ordinance No. 599 was to establish zoning districts in the City of Claremont and regulate and restrict the uses of land and buildings, heights of buildings, areas of yards, other open spaces, and the location of buildings and improvements within the city; it adopted a map showing the zoning districts and provided for a method for effecting changes in zoning; it specifically repealed ordinance No. 441 and a long list of other ordinances.