Fear Not Law Articles: WOLLMER v. BERKELEY Part-II

WOLLMER v

WOLLMER v. BERKELEY

Filed 3/11/11 Certified for publication 3/30/11 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

STEPHEN WOLLMER,
Plaintiff and Appellant,
v.
CITY OF BERKELEY et al.,
Defendants and Respondents;
R.B. TECH CENTER LP et al.,
Real Parties in Interest and Respondents.

A128121

(Alameda County
Super. Ct. No. RG09457010)

STORY CONTINUE FROM PART Iâ€¦.

The proposed projects are located within the C-W West Berkeley Commercial District (C-W District), as indicated on the official zoning map. (Berkeley Mun. Code, § 23A.16.020.A.) The City's zoning ordinance does not specify a maximum density for the C-W District. (Id., ch. 23E.64.) However, the land use element of the general plan specifies a maximum density of 44 to 88 persons (20 to 40 dwelling units) per acre for the area within the land use classification that includes the C-W District. (City of Berkeley General Plan, Land Use Element, pp. 16-18.) The land use element additionally explains that each land use classification â€

Description	Appellant Stephen Wollmer asks this court to reverse the denial of his petition for administrative mandamus challenging two approvals by respondents City of Berkeley and the Berkeley City Council (collectively, the City) for a mixed-use affordable housing or senior affordable housing project located at 1200 Ashby Avenue.[1] Specifically, he denounces the approvals as violative of the state's density bonus law as well as the California Environmental Quality Act (CEQA).[2] We conclude the trial court properly denied the petition and entered judgment in favor of the City; accordingly, we affirm the judgment.
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