Elysian Heights Residents Ass'n v. City of Los Angeles

*24 Opinion

Elysian Heights Residents Association, Inc., et al., hereinafter appellants, appeal from a judgment of the superior court denying their petition for administrative mandamus. (See Code Civ. Proc., § 1094.5.) By way of this petition, appellants sought the revocation of a building permit issued by respondents City of Los Angeles et al. (City) to Morton Park Associates (Morton) for the construction of a three-story, forty-five unit apartment complex. Pursuant to appellants’ request, and in order to preserve the status quo, we stayed further development of the project pending the outcome of this appeal. We now affirm the judgment and vacate the stay order.

The essential facts are not in dispute and may be summarized as follows. The subject property, located on Morton Avenue in the Elysian Park area of Los Angeles, consists of 5 lots approximately 250 feet in length and 150 feet in width. Morton first became interested in purchasing the parcel for development in March 1984, after reviewing the applicable zoning ordinances and finding that an apartment building with a maximum of 46 units could be constructed on the property. With its investigation completed, and apparently…

I respectfully dissent.

Initially I confess my inability to understand how the judiciary’s utilization of one of its ordinary legal remedies to enforce a statutory mandate expressly drafted by the legislative branch could, in some fashion, constitute a violation of the separation of powers doctrine. It would seem rare indeed for our lawmakers to add to their prescribed commands, separate admonishments directing the courts of this state to fulfill their constitutional duty to see that those enactments are honored.

My colleagues hold that if our Legislature desires consistency between a building permit for proposed new construction and that portion of a general plan covering the geographic area in which the construction is to occur, it should specifically say so. (Maj. opn. p. 29.) However, Government Code section 65860 already includes the express commandment: “(a) County or city zoning ordinances shall be consistent with the general plan of the county *33 or city by January 1, 1974.” 1 It is difficult for me to imagine why our lawmakers would have insisted upon such consistency if they had not intended it to impact upon all developments undertaken after the dates…

Ervin, Cohen & Jessup, Allan B. Cooper and Debra L. James for Real Party in Interest and Respondent.

OPINION

COMPTON, Acting P.J.

Elysian Heights Residents Association, Inc., et al., hereinafter appellants, appeal from a judgment of the superior court denying their petition for administrative mandamus. (See Code Civ. Proc., § 1094.5.) By way of this petition, appellants sought the revocation of a building permit issued by respondents City of Los Angeles et al. (City) to Morton Park Associates (Morton) for the construction of a three-story, forty-five unit apartment complex. Pursuant to appellants' request, and in order to preserve the status quo, we stayed further development of the project pending the outcome of this appeal. We now affirm the judgment and vacate the stay order.

The essential facts are not in dispute and may be summarized as follows. The subject property, located on Morton Avenue in the Elysian Park area of Los Angeles, consists of 5 lots approximately 250 feet in length and 150 feet in width. Morton first became interested in purchasing the parcel for development in March 1984, after reviewing the applicable zoning ordinances and finding that an apartment…