Echevarrieta

Echevarrieta v. City of Rancho Palos Verdes

Good Law
103 Cal. Rptr. 2d 165·86 Cal. App. 4th 472
Court of Appeal of CaliforniaJanuary 30, 2001B138366California4,390 words

Opinion

Opinion

Hastings, J.

Jon Echevarrieta (appellant) appeals from a judgment entered in favor of respondents the City of Rancho Palos Verdes (the City) and the City of Rancho Palos Verdes City Council (the City Council) after the trial court denied appellant’s petition for writ of mandate. At issue is a “view protection” ordinance of the City. We affirm the trial court’s judgment.

Factual and Procedural Background

The Ordinance

Voters in the City approved Proposition M on November 7, 1989. It was codified in section 17.02.040 of the Rancho Palos Verdes Municipal Code (hereinafter referred to as the Ordinance), and was most recently amended in January 1997.

In pertinent part, the Ordinance prohibits residents of the City from significantly impairing a view by permitting foliage to grow in excess of certain height limitations. If foliage in existence already exceeds those height limitations, the person whose view is impaired must first attempt to informally resolve the matter with the person who owns the foliage, and if that fails, may apply for a “view restoration permit.” Hearings on the application for the permit are conducted by a view restoration commission (VRC), a committee of seven…

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