Pacific Palisades Property Owners Ass'n v. City of Los Angeles

These consolidated appeals from judgments of the trial court denying writs of administrative mandamus raise issues of: (1) the applicability to a building permit of the legislative exemption to the environmental impact report (EIR) requirement of the California Environmental Quality Act stated in Public Resources Code sections 21169 and 21170; and (2) the application of the requirements of the act to action of a municipality approving a tentative subdivision map for a new condominium. We conclude that on the narrow facts of the case at bench: (1) the exemption provisions of the Public Resources Code are applicable to the building permit here involved, and (2) because the exemption is applicable and because there is no indication in the record that sales of condominium units, as opposed to construction of the building which includes them, will have any effect on the environment, no environmental impact report was required as a condition to approval of the tentative map.

The actions at bench were commenced by surrounding property owners (appellants) to set aside various building permits granted to real parties in interest (Builder), and to set aside respondent City’s…