I concur in the majority’s conclusion that Code of Civil Procedure section 1021.5 is applicable to cases pending appeal on its effective date and that the substantial benefits doctrine is not applicable to this case (pts. 2 and 4 of maj. opn.). However, I dissent from the majority’s statement of facts and their conclusion that the record fails to establish plaintiffs may not recover attorney fees under section 1021.5 (pts. 1 and 3 of maj. opn.).
On 13 June 1972, Consolidated Resources, Inc. filed a tentative tract map with the City of Los Angeles, providing for. 123 residential lots on approximately 38 acres. On 31 July the city council adopted preliminary findings in accordance with the advisory agency report that the proposed tract conformed to the general plan and the applicable zoning. (See former Bus. & Prof. Code, § 11526.)1
After the preliminary finding, the advisory agency gave notice and held public hearings on the application. The advisory agency approved the tentative tract map subject to 29 conditions providing for numerous improvements, limiting street grades to 15 percent, and requiring dedication of 5.72 acres to the city with improvements for a public park.
While plaintiffs’ appeal from the advisory agency determination was pending in the planning commission and prior to hearing, the council formally adopted the Canoga Park-Winnetka-Woodland Hills District Plan as part of the general plan.2 Among their numerous contentions, *950petitioners argued that the tract map did not conform to the district plan. The planning staff’s written recommendation concluded the tract map conformed to the district plan. The planning commission voted two to two on a motion to grant the appeal, and did not make findings. It did not further act within its time limits, and petitioners’ appeal was denied by operation of law for failure to take timely action. (Former Bus. & Prof. Code, §§ 11552, 11553; now Gov. Code, §§ 66452.1-66452.5.)
Plaintiffs then appealed to the city council. A motion to grant the appeal on grounds of excessive grading, traffic and density received a seven to seven vote, failing under the charter majority vote requirement. At the council’s next meeting a motion to reconsider was defeated six to five. The time for council action expired, and under the statutes the subdivision was “deemed approved.” (Id.)
The trial court denied mandate concluding that ordinance and statutory provisions plus the tie vote provided an implied finding that the subdivision map was consistent with the general and district plans, and that the implied findings of the appellate administrative bodies were fully supported by the evidence.
Plaintiffs appealed and the Court of Appeal reversed the judgment. The Court of Appeal held that, because the advisory agency, planning commission or city council made no finding that the subdivision complied with the district plan, the tie vote did not constitute an approval. The Court of Appeal expressly rejected the trial court’s determination of finding by implication. The court reasoned that under Selby Realty Co. v. City of San Buenaventura (1973) 10 Cal.3d 110, 125-126 [109 Cal.Rptr. 799, 514 P.2d 111], there must be compliance with ordinances amending permit requirements while administrative appeals are pending and that under Topanga Assn. For a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 510 et seq. [113 Cal.Rptr. 836, 522 P.2d 12], an express finding of compliance with the district plan is required. (Woodland Hills Residents Assn., Inc. v. City Council (1975) 44 Cal.App.3d 825 [118 Cal.Rptr. 856].)
The narrowness of the Court of Appeal holding is significant and must be pointed out. The city never urged that the subdivision need not comply with the general plan or that a finding of compliance was unnecessary. The city’s position was that compliance was accomplished, that a finding of compliance with the original general plan was made, and *951that failure to find compliance with the district plan adopted during the pendency of the administrative appeal was not determinative in view of the tie votes and the statutory timely action provisions.
The Court of Appeal remanded the case directing that the superior court return the matter to the city for proceedings in accordance with Business and Professions Code section 11526 (see fn. 1) and as required by Topanga Assn. For a Scenic Community v. County of Los Angeles, supra, 11 Cal.3d 506. The court provided that the superior court could determine a motion, if any, for attorney fees on appeal.
On remand the superior court directed that before the city approved the subdivision it was required to find in writing that the subdivision was consistent with the applicable general plan.
Plaintiffs’ counsel then sought attorney fees alleging that the residents association did not have sufficient resources or sufficient financial stake in the litigation to enable it to pay for the litigation, and that his law firm had undertaken the case on a pro bono publico basis with the expectation the court would award attorney fees. It was claimed that all city residents would be benefited because henceforth city authorities would comply with the general plan.
Code of Civil Procedure section 1021.5 provides: “Upon motion, a court may award attorneys’ fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any. . . .”
Discussing the private attorney general theory for awarding attorney fees, this court in Serrano v. Priest (1977) 20 Cal.3d 25, 45 [141 Cal.Rptr. 315, 569 P.2d 1303], listed three basic factors used by the courts endorsing such awards: “(1) the strength or societal importance of the public policy vindicated by the litigation, (2) the necessity for private enforcement and the magnitude of the resultant burden on the plaintiff, (3) the number of people standing to benefit from the decision.”
*952“It is at once apparent that a consideration of the first factor may in instances present difficulties since it is couched in generic terms, contains no specific objective standards and nevertheless calls for a subjective evaluation by the judge hearing the motion as to whether the litigation before the court has vindicated a public policy sufficiently strong or important to warrant an award of fees. We are aware of the apprehension voiced in some critiques that trial courts, whose function it is to apply existing law, will be thrust into the role of making assessments of the relative strength or weakness of public policies furthered by their decisions and of determining at the same time which public policy should be encouraged by an award of fees, and which not—a role closely approaching that of the legislative function.”
With the enactment of section 1021.5, including its provision limiting applicability to enforcement of an “important” right affecting the public interest, the Legislature has thrust upon the courts the obligation to make the ordinarily difficult assessment of the “relative strength or weakness of public policies furthered by their decisions.” By the “important” limitation the Legislature has made clear that enforcement of all statutory rights do not warrant attorney fee awards but only enforcement of “important” ones.
While categorization to determine whether a right is “important” will remain a difficult undertaking in many cases, the instant case is not one of them. Rather, it is clear that the purported right vindicated is a technical one. 'The Court of Appeal determined that, when the general plan is amended by adoption of a district plan during administrative appeals, a finding of conformity with general plan is insufficient, a finding of conformity with the district plan is required, and tie votes by the appellate bodies are insufficient to supply that finding.
Contrary to counsel’s extravagant claims, he did not stop Los Angeles practices of failing to require subdivisions to conform to general plans or of failing to make findings. The record belies counsel’s claim. In this very case the first finding made was that the subdivision conformed to general plan. And there has been no determination that the subdivision did not conform to the general plan or the district plan. Nor did the city contend at trial or upon appeal that the subdivision need not conform to the general plan.
*953Apparently recognizing the technical nature of the Court of Appeal’s decision, the majority urge that a plaintiff—raising both a technical right and an important right but prevailing only on the technical one—should be permitted attorney fees even though the greater right has never been adjudicated. (Ante, pp. 937-939.) The majority rely upon four federal cases. (Kimbrough v. Arkansas Activities Assn. (8th Cir. 1978) 574 F.2d 423, 426-427; White v. Beal (E.D.Penn. 1978) 447 F.Supp. 788, 793-794; Southeast Legal Defense Group v. Adams (D.Ore. 1977) 436 F.Supp. 891, 894-895; Lund v. Affleck (D.R.I. 1977) 442 F.Supp. 1109, 1112-1114.) The important right assertedly alleged by plaintiffs—not adjudicated by the courts—is that the proposed subdivision does not in fact comply with the district plan. (Ante, p. 938.) The main claim of lack of compliance was that the district plan assertedly called for a density of .5 acre per unit whereas the instant subdivision provided for approximately .3 acre per unit.
Had counsel prevailed upon his claim of violation of the general plan, he would not stop the project; he would only succeed in limiting density of the development. Such victories should not be considered vindication of an “important” right within the meaning of the statute.
Moreover, we should reject the majority’s theory that a party prevailing upon a technical ground may recover attorney fees if he also alleged violation of an important right. First, the language of the statute is unambiguous requiring “enforcement of an important right affecting the public interest.” (Italics added.) When the case is decided on the technical ground—leaving the important right unadjudicated—there is no “enforcement of an important right.” Secondly, the majority’s rule can only frustrate the efficient administration of justice. Having disposed of a case on narrow or technical grounds thereby avoiding determination of substantial claims of important rights, a trial judge in deciding whether to award attorney fees must proceed to rule on each of the potentially numerous causes of action which could be said to involve important rights. The net effect is to require the trial judge to rule on all causes of action while the case might be disposed of by one. And should he rule that attorney fees should be paid because an important right was violated, we may well expect a challenge to the merits on appeal. Often the trial judge’s inquiry will frustrate the policy which required him to give judgment for the plaintiff in the first instance. For example, in the instant case the initial determination whether the proposed subdivision violated the district plan is to be made by the city, but under the majority’s rule the trial judge, in order to determine whether attorney fees are due, will *954be required to examine the evidence and decide the issue. Our courts have more important duties than to engage in complex and lengthy trials in search of a basis for awarding attorney fees.
The four federal cases relied upon by the majority are not in point. In each the plaintiff asserted that a practice violated both constitutional and statutory rights. Determining that the practice violated statutory rights, the courts held that attorney fees were recoverable. The basis of each decision was that clear congressional history showed that attorney fees could be recovered for the violation of a statutory right. We have no such legislative history. More importantly, the attorney fee award in each was based on the statutory right enforced—not on the merits of the constitutional claim asserted, and the courts were not required to resolve the constitutional issue.3
I would affirm the judgment.
Richardson, J., and Manuel, J., concurred.
At the time of the approval, former Business and Professions Code section 11526, required the “governing body” find that the proposed subdivision is consistent with applicable general or specific plans.
Eleven days after the finding of consistency, former Business and Professions Code section 11526.2 (now Gov. Code, § 66474.60) went into effect as an urgency measure. The section provides: “(a) In cities having a population of more than 2,800,000 [Los Angeles],
. . . [H] (c) The advisory agency, appeal board or legislative body shall not approve a tentative or final subdivision map unless it first finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with applicable general or specific plans.”
The district plan had been approved by the council subject to modification on 13 July 1972, a month after Consolidated Resources, Inc., had filed its application and prior to the preliminary finding that the map conformed to the general plan and the zoning requirements.
Although the courts were required to determine that the constitutional claims were not insubstantial, this requirement was jurisdictional, and the determination had to be made before the court could rule on the statutory claim.