Save Berkeley's Neighborhoods v. The Regents of the U. of Cal.
Opinion
Opinion
I. BACKGROUND
The Regents of the University of California (Regents) approved a new development for additional academic space and campus housing, and certified a final supplemental environmental impact report (SEIR). The project would demolish an existing parking structure and construct apartment housing above a new parking structure and a new academic building adjacent to the new residential building (project). On May 17, 2019, the Regents filed a notice of determination (NOD) regarding the project, which identified American Campus Communities and CHF as the parties undertaking the
request for judicial notice as to exhibits E through I, and grant in full appellants’ second and third requests for judicial notice. (Evid. Code, §§ 452, subds. (b)–(d), 459, subd. (a).) We deny appellants’ request for judicial notice of exhibits A, B, C, and D, because those documents were part of the record before the trial court and are included in the record on appeal. (Davis v. Southern California Edison Co. (2015) 236 Cal.App.4th 619, 632, fn. 11.) On February 9, 2021, SBN filed a request for judicial notice of seven exhibits related to the administrative record lodged in the trial court, a…