Introduction
In a recent decision with potentially broad implications for
home builders and developers, the California Court of Appeal
narrowed the ability of projects requiring discretionary approvals
to obtain a categorical exemption from the California Environmental
Quality Act (CEQA). Overturning the trial court, the Court of
Appeal in Berkeley Hillside Preservation v. City of
Berkeley, A131254 (First Appellate District, February 15,
2012) held that the construction of a relatively large
single-family home (6,478 square feet) on a steeply sloped lot in
the Berkeley hills presented a fair argument of a significant
effect on the environment, and ordered the preparation of an
environmental impact report (EIR) for the home.
