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In an action seeking to overturn approvals by the City of Berkeley and Berkeley City Council of use permits and zoning variances for a mixed-use development project consisting of residential units and retail commercial space, denial of plaintiff's petition for a writ of mandate is affirmed as: 1) the City did not err in its calculation of the number of density bonus units; 2) plaintiff failed to establish that the City has not proceeded in the manner required by law, that the order or decision is not support by the findings, or that the findings are not supported by the evidence; 3) City of Berkeley Zoning Adjustments Board's findings regarding the benefits of the reduced setbacks to the abutting and confronting lots is supported by substantial evidence and are in conformance with the ordinance as there is no requirement that the reduced setbacks benefit the entire affected residential area; 4) plaintiff has not demonstrated that the City violated the Berkeley Code in its approval of the project by failing to require a cost certification; and 5) City did not violate CEQA.
Filed November 25, 2009
Opinion by Judge Bruiniers
For Appellee: Baird Holm LLP, David C. Levy