Horwitz v. City of Los Angeles (Beglari)
124 Cal. App. 4th 1344 (2d Dist. Dec. 15, 2004) (review filed Jan. 24, 2005)
Trial court properly issued writ commanding the City to revoke all building permits and the certificate of occupancy related to a particular residence where permits were issued in violation of mandatory requirements of zoning ordinance. Los Angeles Planning Commission’s ruling in favor of resident – which allowed renovation to the residence to encroach approximately 14 feet into the area of the required front-yard setback – was clearly erroneous because City has no discretion to issue a permit in the absence of compliance with the mandatory set-back requirements.
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