Ross

I

Introduction

The Ross family owns a 1.117-acre lot in Yorba Linda which is virtually surrounded by parcels of lesser size. At present, the property is zoned to allow only one dwelling per acre. If, however, the lot were rezoned to the zoning category to which most of the surrounding lots conform, the Rosses could build another house on the property. The Rosses got initial approval for rezoning from the planning commission, but the city council turned them down after neighbors voiced opposition. The Rosses then filed this lawsuit, based on, among other things, discriminatory “spot zoning.”

The Rosses prevailed with the trial court, and the city has now appealed. We affirm, following Hamer v. Town of Ross (1963) 59 Cal.2d 776 [ 31 Cal.Rptr. 335 , 382 P.2d 375 ], which cannot be meaningfully distinguished from the instant case.

II

Facts

The Rosses’ lot is located in the northwest corner of a block of land bounded by Oriente Drive on the north, Ohio Street on the west, Yorba Linda Boulevard on the south, and Palm Avenue on the east. The northern half of the block consists of 53 lots, the average size of which is 22,530 square feet—a little more than half an acre. Only…