Friends of the Juana Briones House v. City of Palo Alto

At issue in this case is the applicability of the California Environmental Quality Act (CEQA). 1 This appeal is taken from a judgment granting a writ of mandate, which directs the City of Palo Alto to set aside its approval of a permit to demolish the historic Juana Briones House and to comply with CEQA before considering reissuance of the permit. According to appellants and real parties in interest, Jaim Nulman and Avelyn Welczer, CEQA does not apply to the demolition permit because its issuance is a ministerial act. According to respondent, Friends of the Juana Briones House, issuance of the demolition permit is discretionary and therefore subject to CEQA.

As we explain, based on our reading of the governing municipal code provision in light of pertinent CEQA principles, we agree with appellants that approval of the demolition permit is ministerial. We therefore reverse the judgment.

BACKGROUND 2

The seeds of this dispute were planted more than 10 years ago. In 1998, appellants applied to the City of Palo Alto (the City) for a permit to demolish their historic residence, the Juana Briones House. The City’s denial of that application resulted in litigation between…