Prentiss

Respondents Lee and Shirley Prentiss sought a building permit for construction of an addition to their single family home, from appellants the City of South Pasadena, its building and planning division, and its building and planning director. Respondents’ application for the building permit became embroiled in controversy after appellants asserted that respondents’ home was a “qualified historic structure” within the meaning of the State Historical Building Code. (Health & Saf. Code, §§ 18950-18961.) Contending that the State Historical Building Code gave appellants discretion to require that alterations to respondents’ home be done in a manner best preserving the historical character of the architecture, appellants insisted that an evaluation of the impact of the project on the “historical environment” be conducted pursuant to the procedures of the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Appellants thereafter offered to issue a “mitigated negative declaration” under CEQA and to grant the building permit, on condition that respondents agree to recommendations of a consulting historical architect for changes in the building plans…