Berkeley Hillside Preservation v. City of Berkeley

LIU, J.,

Concurring. — I agree with today’s opinion that “a finding of environmental impacts must be based on the proposed project as actually approved and may not be based on unapproved activities that opponents assert will be necessary because the project, as approved, cannot be built.” (Maj. opn., ante, at p. 1119.) This rule will not lead to evasion of the environmental review requirements of the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) because presumably a *1123developer’s failure to build the project as approved will be remedied by the local agency…