Kalway

Kalway v. City of Berkeley

Good Law
151 Cal. App. 4th 827·2007 Cal. App. LEXIS 887·60 Cal. Rptr. 3d 477·2007 Cal. Daily Op. Serv. 6290
Court of Appeal of CaliforniaMay 31, 2007A112569California3,865 words

Opinion

Opinion

Stein, J.

Maarten Kalway inherited two contiguous parcels of land located on Panoramic Hill, Berkeley, an area designated part of the “Hill Hazardous Fire Area,” zoned ES-R (Environmental Safety Residential). Panoramic Hill is a steep area close to parks and wildlands. The zoning designation identifies it as an area with substandard vehicular access that is particularly susceptible to severe damage or destruction from fire and earthquake because of its steep topography and location. Panoramic Hill’s sanitary sewer capacity is inadequate. It has limited water pressure,, which, together with the substandard vehicle access, significantly impairs the City of Berkeley’s ability to fight fires in the area. As a result, in part, the City of Berkeley (City) requires a minimum lot size of 9,000 square feet. One of the parcels inherited by Mr. Kalway, the “Mosswood Road Parcel,” is undeveloped. It is approximately 5,000 square feet in area, rendering it substandard in size. Both the Mosswood Road Parcel and the other parcel inherited by Mr. Kalway, the “Arden Road Parcel,” are on dead-end streets longer than 150 feet, lacking adequate room for fire apparatus to turn around, and therefore…

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