Johanson

The City Council of the City of Santa Cruz appeals from a judgment in a mandate proceeding commanding the council to take all steps required to rescind a vote of the council refusing to reclassify respondent’s property for zoning purposes and to take all steps required to make effective, by ordinance, the reclassification requested by respondent.

Johanson, respondent, applied to the city planning commission to have 22 parcels of land rezoned from R-2, two-family dwelling district, to R-4, general apartment district. The planning commission recommended, by resolution, that the city council deny the application. The city council duly noticed a meeting date for hearing. At the meeting, on May 22, 1962, two of the seven members of the council were absent and one was disqualified. The planning commission’s recom mendation was read and considered and voted upon. The votes were one “aye,” three “no.” Thereupon, a councilman moved that the city attorney prepare an ordinance to change the zone; the motion was seconded and carried unanimously.

At the next regular meeting of the city council, the ordinance which had been prepared by the city attorney was presented for publication. Motion…