Black Property Owners Assn. v. City of Berkeley

council (the City) involves the City’s compliance with the requirements of Government Code section 65583 and related sections in updating the housing element of its general plan; it also involves the application of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to that update.

The trial court granted a petition for writ of mandate directing the City to: (1) rescind its adoption of the update and a negative declaration; (2) prepare a new initial study and an environmental impact report (EIR) analyzing the environmental effects of the City’s existing housing goals and policies, including its 13-year-old rent control ordinance; and (3) adopt a housing element based on the results of the new EIR. We conclude that the City complied with both the Government Code and CEQA when it approved the update and adopted the negative declaration, and that no environmental review of the rent control ordinance was required. We reverse the judgment and direct entry of a new judgment denying the petition.

Factual and Procedural Background

The legislative body of every city and county is charged with adopting a general plan for its physical…