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MARTIN v. CITY AND COUNTY OF SAN FRANCISCO

No. A107768.

37 Cal.Rptr.3d 470 (2005)

135 Cal.App.4th 392

Francis A. MARTIN III, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

December 29, 2005.

Attorney(s) appearing for the Case

Coblentz, Patch, Duffy & Bass, Jonathan R. Bass, San Francisco, Karen Jennings, for Plaintiff and Appellant.

Dennis J. Herrera, City Attorney, Martin Greenman, Sarah E. Owsowitz, Deputy City Attorneys, for Defendants and Respondents.

MUNTER, J.*

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...

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