Cooper

This is an appeal from a judgment in an action for declaratoiy relief decreeing that a certain Los Angeles County zoning ordinance is void and of no legal effect.

Pierce Sherman who is the real party in interest owns 11.32 acres of land on the north side of the Pacific Coast Highway within the community of Malibu which property was previously zoned for residential use. On January 5, 1971, he applied for, and effective July 15, 1971, the Board of Supervisors of Los Angeles, by ordinance, approved the change in the zoning of the property to recreational and resort use.

On September 7, 1971, plaintiff Cooper, a landowner and resident in the vicinity of the Sherman property filed a complaint for declaratory relief seeking to have the zone-change ordinance declared void and of no effect on the grounds that it deprived him of the beneficial enjoyment of his property, was arbitrary, unreasonable and unconstitutional. The complaint did not raise any issues with respect to the California Environmental Quality Act of 1970 (CEQA) (Pub. Resources Code, § 21000 et seq.) which had been adopted in 1970.

While this action was pending the California Supreme Court on September 21, 1972,…