Taschner

This appeal involves the question whether a general law city may enact a building height limit ordinance through the initiative process. By a petition for writ of mandate in the court below, petitioner sought to challenge the validity of an initiative building height limit ordinance of the City of Laguna Beach. Respondent’s general demurrer was sustained without leave to amend and petitioner appeals from the ensuing judgment of dismissal.

In the posture in which this case comes before us, the facts alleged in the petition for writ of mandate must be deemed to be true. (Isrin v. Superior Court, 63 Cal.2d 153, 155 [ 45 Cal.Rptr. 320 , 403 P.2d 728 ].) Those facts may be summarized as follows:

The City of Laguna Beach is a general law city. Pursuant to an initiative petition for the adoption of an ordinance which would limit the height of buildings which could be constructed in the city to 36 feet and not more than three stories, respondent called a special election for the pur pose of submitting the measure to voters of the city. The election was duly held and a majority of those voting in the election voted in favor of the measure.

Following certification of the result…