Status: We Won!

The property owner got their approval and has began construction of three homes for familes where there was just one mansion.

Documents in this case

DateAuthorTitleSummary
2016-03-10 02:37 City of Berkeley Berkeley ZAB staff report

Berkeley’s Zoning Adjustment Board produced a staff report recommending approval.

2017-02-28 02:43 City of Berkeley City Council Agenda

Four months later, Berkeley City Council finally reheard the proposal for 3 houses at 1310 Haskell Street. Despite the order the Council had signed and over the objections of the city attorney, the Council voted the project down again.

2017-07-31 03:18 Judge Kimberly E. Colwell Clarifying order

This is another Order, clarifying the one from 10 days ago. The project is going to go back to be heard by Berkeley City Council, but the judge clarified that if she sees us again, she’ll order the permits granted.

2017-06-06 03:06 Kristen Lee Declaration in Opposition to Motion

This is funny document. In this document Berkeley’s Manager of Housing Services outlines all of the wonderful programs Berkeley has to protect or create affordable housing. Of course none of this has anything to do with whether they broke state law.

2017-06-06 03:11 Steven Buckley Declaration in Opposition to Motion

Here is another declaration, this one by Berkeley’s land use planning manager. It has a nice appendix showing how much housing Berkeley entitled and built over the last 5 years. Also, none of this is relevant for the lawsuit.

2017-09-20 03:19 Judge Kimberly E. Colwell Final Order

All of the parties agreed that Cristian would get his permits and we would get about $45,000 in legal fees from Berkeley.

2017-05-25 03:00 CaRLA Motion to enforce stipulated order

Motion to enforce the order from the first lawsuit. So Berkeley is actually defending two lawsuits from us right now. It is a very short document. Basically just “here ye, here ye, Berkeley broke their agreement with us.”

2017-06-07 03:05 City of Berkeley Opposition to Motion

This is where Berkeley argues that we are wrong and Berkeley shouldn’t have to approve the three houses.

2016-10-21 02:42 Alameda County Superior Court Order to approve

The City of Berkeley capitulated immediately. The city attorney agreed that Berkeley had no defenses, was clearly acting contrary to state law. The parties signed an order where the City agreed to reconsider the decision it had made, and make a new decision, in compliance with state law.

2017-07-21 03:16 Judge Kimberly E. Colwell Order to enforce

We won! The judge agreed that Berkeley illegally disapproved the houses … AGAIN. The remedy is that the houses are going to go back to Berkeley City Council to be reconsidered.

2016-10-07 02:39 CaRLA Petition for Writ of Administrative Mandamus

CaRLA filed a petition in Alameda County Superior court asking the Court to force Berkeley to follow the state law.

2017-06-13 03:14 CaRLA Exhibit to support the Reply
2017-06-13 03:13 CaRLA Petitioners’ Reply in Support of Motion to Enforce Settlement Agreement
2017-05-26 03:03 CaRLA Memo of Points & Authorities in Support of Motion

This document is more of what you probably expected to read. It has a narritive, and cites laws and cases in support of our Motion.