Kalway
Kalway v. City of Berkeley
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…