Berkeley Hillside Preservation v. City of Berkeley

Filed 5/27/

IN THE SUPREME COURT OF CALIFORNIA

BERKELEY HILLSIDE )

PRESERVATION et al. ) ) Plaintiffs and Appellants, ) ) S201116 v. ) ) Ct.App. 1/4 A131254 CITY OF BERKELEY et al., ) ) Alameda County Defendants and Respondents; ) Super. Ct. No. RG10517314 ) DONN LOGAN et al., ) ) Real Parties in Interest and ) Respondents. ) ____________________________________)

ORDER MODIFYING OPINIONS

THE COURT:

The majority opinion in this case, filed March 2, 2015, and appearing at 60 Cal.4th 1086, is modified as follows: 1. The first full paragraph of text on page 1098 of 60 Cal.4th and the paragraph following it (which carries over to page 1099) are modified to read:

In addition, we agree with respondents that, under the construction of appellants and the concurring opinion, the categorical exemptions the Legislature, through the Secretary, has established would have little, if any, effect. CEQA specifies that environmental review through preparation of an EIR is required only “[i]f…