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On May 23, 2012, the California Supreme Court unanimously agreed to grant review of Berkeley Hillside Preservation v. City of Berkeley (2012) 203 Cal.App.4th 656. The issue before the court will be whether the City of Berkeley must prepare an environmental impact report (EIR) before approving the construction of a 10,000-square-foot single-family home. The trial court upheld the City’s approval and determination that the project fell within two CEQA exemptions: (1) the Infill Development Exemption and (2) the New Construction/Conversion of a Small Structure Exemption. The First Appellate District reversed the lower court’s holding, ruling that based on a “fair argument,” the “unusual circumstances” exception prohibited the City from relying on the categorical exemptions, thus requiring the City to conduct an EIR. The City of Berkeley and Real Party in Interest petitioned for review. The court’s review is estimated to take 12 to 18 months.

Written By: Tina Thomas, Chris Butcher and Holly McMannes (law clerk)
For questions relating to this blog post or any other California land use, environmental and/or planning issues contact Thomas Law Group at (916) 287-9292.

The information presented in this article should not be construed to be formal legal advice by Thomas Law Group, nor the formation of a lawyer/client relationship. Readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

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