Great Western Savings & Loan Ass'n v. City of Los Angeles

The City of Los Angeles, the city council, and Rex E. Layton, the city clerk, appeal from a judgment for respondent, hereinafter referred to as developer, granting a peremptory writ of mandate ordering the acceptance, approval and recordation of the final map of Tract 30561.

On September 26, 1969, the City Council of the City of Los Angeles adopted the action of the city planning commission and approved tentative tract map 30561. The city council found that based on the documents, testimony, files, and record before it, objections to the approval of Tract 30561 on the basis of tract incompatibility, inadequate access, improper drainage, and hazardous geologic conditions could not be sustained. However, the city council did impose an additional condition that required respondent (developer) to stabilize a steep nonconforming cut slope along the northwesterly boundary of lot 36 of the tract in a manner satisfactory to the department of building and safety.

On June 25, 1970, the building and safety department approved developer’s grading plans and issued a grading permit. On July 1, 1970, the building and safety department notified the bureau of engineering that Tract…