Saad

Introduction

Defendants and appellants the City of Berkeley, its city council and board of adjustments (hereafter collectively the City) denied plaintiffs and appellants Mitri and Sonya Y. Saad (the Saads) a use permit for construction of a large single-family residence on their lot at 25 Del Mar Avenue. The Alameda County Superior Court granted the Saads’ petition for writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5 on the ground that one of three findings made by City in support of the permit denial was “inherently ambiguous” and not supported by substantial evidence. The court remanded the matter to the City for reconsideration in light of its ruling. The City appeals from the judgment granting the writ of mandate. The Saads appeal from the judgment insofar as it refuses to compel the City to issue the use permit. We shall reverse the judgment issuing the writ and direct the superior court to deny it.

Statement of the Case and Facts

The property is located at 25 Del Mar Avenue in the Berkeley Hills and is zoned as R-l H, which allows single-family residences under strict regulations applicable to the sensitive hill terrain. The…