Novi
Novi v. City of Pacifica
Opinion
Opinion
King, J.
In this case we hold that land-use ordinances precluding uses that would be detrimental to the “general welfare” and precluding developments that would be “monotonous” in design and external appearance are not unconstitutionally vague. Sam Novi appeals from a judgment in favor of the City of Pacifica in Novi’s action to compel the city to issue use and site development permits for the construction of a condominium project. We affirm the judgment.
On March 31, 1980, Novi applied to the city for a permit to construct a 48-unit condominium project on approximately 2.3 acres near Highway 1 in Pacifica. The project was to consist of eight 4-story buildings.
The city planning commission certified a negative declaration (declaring the lack of a need for an environmental impact report) on July 2, 1980. The negative declaration required seven mitigation measures. The first mitigation measure was “Reduction of project density to achieve: at random building placement, reduction in grading and the use of retaining walls, avoidance of the linear monotony and massive bulky appearance and the achievement of a small scale village atmosphere characteristic of Pacifica.”