Contributed By Allen Matkins Leck Gamble Mallory & Natsis LLP
Municipalities frequently have control over the design, appearance and method of construction of new buildings. Historic buildings are typically subject to additional regulatory protections.
Certain of these controls and regulations require ministerial approvals; others may require discretionary approvals. Discretionary approvals trigger the applicability of the California Environmental Quality Act (CEQA). Additionally, there is current legislation pending that would remove municipalities’ ability to exercise discretionary approvals over projects that are properly zoned and near transit facilities, thereby eliminating the applicability of CEQA with respect to those projects.