en
"6750109"
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF ALAMEDA
PANORAMIC HILL ASSOCIATION, | Case No. RG06-301644
Consolidated with RG06-302934,
Petitioner/Plaintiff,
RG06-302967
v.
THE REGENTS OF THE ORDER GRANTING IN PART AND
UNIVERSITY OF CALIFORNIA, DENYING IN PART PETITIONS FOR
WRIT OF MANDATE
Respondent/Defendant.
CITY OF BERKELEY, |
Petitioner/Plaintiff, |
v.
UNIVERSITY OF CALIFORNIA,
BERKELEY, et al..
Respondents/Defendants.CALIFORNIA OAK FOUNDATION,
etal
Petitioner/Plaintiff,
v
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA, et
al.
Respondents/Defendants.
The Petitions of Panoramic Hill Association (“Panoramic”); City of
Berkeley (“City”); and California Oak Foundation, Save the Oaks at the Stadium,
McGee-Spaulding-Hardy Historic Interest Group, Dona Spring, Doug A
Buckwald, Sarah Shumer, Henry Norr, Lindsay Vurek, Patricia Edwards, Anna
Marie Taylor, Stan Sprague, and Carrie Sprague (collectively, “Oaks”) for Writ of
Mandate, which proceedings have been consolidated, were heard on September
19, 20, 21, and 25, 2007; October 2, 3, and 11, 2007; and March 20, 2008, in
Department 512 of this court, Judge Barbara J. Miller presiding.
‘Throughout the proceedings, Michael R. Lozeau has appeared on behalf of
Panoramic. Harriet A. Steiner has appeared on behalf of the City. Stephan C.
Volker has appeared on behalf of Oaks. Charles R. Olson and John M. Sanger
have appeared on behalf of Respondents The Regents of the University of
California; University of California, Berkeley; and Edward J. Denton (collectively,
“Respondents” or “University”).Having fully considered the parties’ briefs and argument, the court
GRANTS IN PAR’
nd DENIES IN PART the Petitions for writs of mandate, as
set forth below.
1. INTRODUCTION
The court finds that, with certain exceptions, the Respondents’ certification
of the Environmental Impact Report and accompanying findings and Statement of
Overriding Consideration for the Southeast Campus Integrated Projects
(“Integrated Projects”) and approval of the first phase of the Integrated Projects,
the California Memorial Stadium’s “CMS” or “Stadium”) Student Athlete High
Performance Center (“SAHPC”), complies with the Alquist-Priolo Earthquake
Fault Zoning Act (“Alquist-Priolo”), Public Resources Code! section 2621 et seq.;
and the California Environmental Quality Act (“CEQA”), section 21000 et seq,
‘The Regents are subject to Alquist-Priolo’s requirements. As a whole, the
SAHPC project does not violate Alquist-Priolo because it will not be constructed
on an active fault, and the SAHPC overall is not an “addition” or “alteration” to
CMS within the meaning of Alquist-Priolo, However, as set forth herein, certain
elements of the SAHPC project do constitute alterations to CMS. In order to
comply with Alquist-Priolo, Respondents must determine the value of these
alterations and of the existing CMS structure.
' Unless otherwise noted, all statutory references are to the Public
Resources Code.