First Presbyterian Church of Berkeley v. City of Berkeley

In this case we are asked to determine the extent to which the Ellis Act (Gov. Code, § 7060 et seq.) preempts the power of a municipality to regulate and control a landowner’s efforts to demolish or alter the use of property formerly used for residential rental purposes. The City of Berkeley (City), City Council of Berkeley (City Council), Berkeley Landmarks Preservation Commission (Landmarks Commission) and Berkeley Zoning Adjustment Board (Zoning Board) (collectively referred to as appellants) appeal from a judgment granting declaratory and injunctive relief and a peremptory writ of mandate in favor of respondent First Presbyterian Church of Berkeley (the Church), ordering appellants (1) to set aside and vacate their decisions (a) denying the Church’s application for a demolition permit under the City’s neighborhood preservation ordinance (Berkeley Ord. No. 4641-N.S.) (NPO), and (b) requiring the Church to prepare an environmental impact report (EIR) as a prerequisite to issuing a demolition permit under the City’s NPO, landmarks preservation ordinance (Berkeley Ord. No. 4694-N.S., codified as Berkeley Municipal Code [BMC] ch. 3.24) (LPO) and the California…