Slater

Defendants, The Council of the City of Los Angeles and Brentwood Park Property Owners’ Association, Inc., hereinafter referred to as the City Council and the Association, respectively, appeal from a judgment entered granting respondents’ petition for a writ of mandate ordering the City Council, in effect, to grant respondents the right to divide a piece of real property although such division would be violative of a city ordinance enacted prior to the entry of judgment herein. The facts essential to a determination of this matter are without conflict.

On August 13, 1963, respondents were the owners of a lot 24,800 square feet in area and surrounded by other lots of similar size. These lots, however, were then located within a larger R-l zoning district in which the minimum lot area was only 5,000 square feet. On that date respondents made application for permission to divide their land into two parcels under the provisions of sections 17.50 et seq. of the Los Angeles Municipal Code. This application was approved on August 28,1963, by the director of planning.

On September 12, 1963, the Association appealed to the city planning commission from the ruling of the director of…