Berkeley Hillside Preservation v. City of Berkeley

Opinion

STREETER, J.

-Real parties in interest and respondents Mitchell Kapor and Freada Kapor-Klein secured permits from respondent City of Berkeley (City) to build a large home on a large lot in the Berkeley hills, and appellants Berkeley Hillside Preservation and Susan Nunes Fadley challenged the project under the California Environmental Quality Act (CEQA, Pub. Resources Code, § 21000 et seq.).1 The first time we considered this challenge, we concluded, contrary to the City’s determination, that the project presented unusual circumstances, thus triggering an exception to CEQA’s categorical…