Boghos v. Certain Underwriters At Lloyds of London
115 P.3D 68, 36 CAL.4TH 495, 30 CAL.RPTR.3D 787, 2005 DAILY JOURNAL D.A.R. 8556, 05 CAL. DAILY OP. SERV. 6260, 2005.CA.0006323
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Publisher Description
The novel and very narrow issue presented is this: May a municipality lawfully require the owner of a private single-family residence who proposes to modify a portion of the interior of his residence, in an area not visible to the general public, to undergo the burden and expense of a review of his proposed project pursuant to the California Environmental Quality Act (CEQA)? The answer is "no." As we explain, although a municipality has very broad statutory discretion to grant or deny a required building permit, that authority does not extend to imposing CEQA review upon such an interior home project, even where the residence is listed as a city landmark and is located within an area registered as a state and a national historic district. What an owner plans to do to the private interior of his or her home does not implicate a significant adverse effect on the environment, which is the predicate for requiring CEQA review by a municipality.