This Tentative Ruling is made by Judge Frank Roesch Respondent the City of Berkeley demurs to the First Amended Petition ("FAP") filed by petitioners Hans Stahlschmidt and Patricia Stahlschmidt Hart. The FAP alleges that Petitioners applied for a use permit to construct an accessory dwelling unit ("ADU") on their property in the Berkeley hills under Berkeley's former ADU ordinance and that their application was subjected to a discretionary approval process in violation of state law and then that hearing was put on indefinite hold and never provided. The City of Berkeley argues that the FAP fails to state facts giving rise to a cause of action, that any claim is barred by the statute of limitations, and that the FAP improperly raises issues not raised before the City.
According to the FAP, the Stahlschmidt's application was deemed complete on May 28, 2019, after more than a year of negotiations and revisions. (FAP ¶¶ 17-23.) On August 29, 2019, the City's Zoning Officer approved the ap
Hearing Date
January 06, 2021
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This Tentative Ruling is made by Judge Frank Roesch Respondent the City of Berkeley demurs to the First Amended Petition ("FAP") filed by petitioners Hans Stahlschmidt and Patricia Stahlschmidt Hart. The FAP alleges that Petitioners applied for a use permit to construct an accessory dwelling unit ("ADU") on their property in the Berkeley hills under Berkeley's former ADU ordinance and that their application was subjected to a discretionary approval process in violation of state law and then that hearing was put on indefinite hold and never provided. The City of Berkeley argues that the FAP fails to state facts giving rise to a cause of action, that any claim is barred by the statute of limitations, and that the FAP improperly raises issues not raised before the City.
According to the FAP, the Stahlschmidt's application was deemed complete on May 28, 2019, after more than a year of negotiations and revisions. (FAP ¶¶ 17-23.) On August 29, 2019, the City's Zoning Officer approved the ap