This Tentative Ruling is made by Judge Noël Wise The Demurrer to Plaintiffs' First Amended Petition for Writ of Mandate and Complaint for Declaratory Relief by Defendant City of Berkeley ("the City") is SUSTAINED, WITH LEAVE TO AMEND, as follows.
Plaintiff Glen Stevick owns real property located at 1722Walnut Street in Berkeley. In 2017, Plaintiff replaced an accessory structure in the rear portion of the subject property with a cottage (hereinafter the "Accessory Dwelling Unit", or "ADU") for which he has not obtained permits. On November 14, 2017, the City issued a Notice of Violation concerning the ADU. (See First Amended Petition, paragraph 18.) Plaintiff subsequently submitted an application to bring the ADU into compliance with all applicable City laws. (See First Amended Petition, paragraph 29.) The City's Zoning Adjustment Board denied Plaintiff's application on November 8, 2018 (see First Amended Petition, paragraphs 33-34), and the City Council denied Plaintiff's administra
Hearing Date
February 10, 2021
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This Tentative Ruling is made by Judge Noël Wise The Demurrer to Plaintiffs' First Amended Petition for Writ of Mandate and Complaint for Declaratory Relief by Defendant City of Berkeley ("the City") is SUSTAINED, WITH LEAVE TO AMEND, as follows.
Plaintiff Glen Stevick owns real property located at 1722Walnut Street in Berkeley. In 2017, Plaintiff replaced an accessory structure in the rear portion of the subject property with a cottage (hereinafter the "Accessory Dwelling Unit", or "ADU") for which he has not obtained permits. On November 14, 2017, the City issued a Notice of Violation concerning the ADU. (See First Amended Petition, paragraph 18.) Plaintiff subsequently submitted an application to bring the ADU into compliance with all applicable City laws. (See First Amended Petition, paragraph 29.) The City's Zoning Adjustment Board denied Plaintiff's application on November 8, 2018 (see First Amended Petition, paragraphs 33-34), and the City Council denied Plaintiff's administra