Opinion

Make UC a Good Neighbor v. The Regents of the University of Cal.

Court
California Supreme Court
Filed
Jun 6, 2024
Status
Published
Cited by
0 cases
Authority
More cited than 16.3%

The opinion

IN THE SUPREME COURT OF

CALIFORNIA

MAKE UC A GOOD NEIGHBOR et al.,

Plaintiffs and Appellants,

v.

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et

al.,

Defendants and Respondents;

RESOURCES FOR COMMUNITY DEVELOPMENT,

Real Party in Interest.

S279242

First Appellate District, Division Five

A165451

Alameda County Superior Court

RG21110142

June 6, 2024

Chief Justice Guerrero authored the opinion of the Court, in

which Justices Corrigan, Liu, Kruger, Groban, Jenkins, and

Evans concurred.

MAKE UC A GOOD NEIGHBOR v. THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA

S279242

Opinion of the Court by Guerrero, C. J.

The University of California, Berkeley (UC Berkeley)

provides student housing to the lowest percentage of students at

any University of California campus in the state. In response to

concerns regarding housing insecurity, and in light of the Bay

Area’s regional housing crisis, UC Berkeley proposes to build a

housing project on a site called People’s Park near the campus.

The project has generated opposition. Project opponents

challenge the certification of an environmental impact report

(EIR) that evaluates both the specific housing project at People’s

Park and a broader plan to guide long-term physical

development at UC Berkeley. 1 Plaintiffs Make UC a Good

Neighbor and People’s Park Historic District Advocacy Group

(collectively, Good Neighbor) contend the EIR fails to consider

the environmental impacts caused by “student-generated noise”

such as “vocal noise from house parties and from late-night

pedestrians.” They further contend the EIR failed to adequately

consider alternatives to the People’s Park location. The Court

of Appeal agreed with Good Neighbor on these points.

1

The EIR was prepared pursuant to the California

Environmental Quality Act (CEQA) (Pub. Resources Code,

§ 21000 et seq.). All subsequent statutory references are to the

Public Resources Code unless otherwise indicated.

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We granted review of the Court of Appeal’s decision that

the EIR was faulty because it: (1) “failed to assess potential

noise impacts from loud student parties in residential

neighborhoods near the campus,” and (2) “failed to justify the

decision not to consider alternative locations to the People’s

Park project.” (Make UC A Good Neighbor v. Regents of

University of California (2023) 88 Cal.App.5th 656, 665 (Make

UC).)

After we granted review, on September 7, 2023, the

Legislature passed Assembly Bill No. 1307 (2023–2024 Reg.

Sess.) (Assembly Bill 1307) as urgency legislation, effective

immediately. Assembly Bill 1307 added sections 21085 and

21085.2 to the Public Resources Code. As summarized by the

Legislative Counsel, the new law provides that: (1) “the effects

of noise generated by project occupants and their guests on

human beings is not a significant effect on the environment for

residential projects for purposes of CEQA”; and (2) “institutions

of public higher education, in an EIR for a residential or mixed-

use housing project, are not required to consider alternatives to

the location of the proposed project if certain requirements are

met.” (Legis. Counsel’s Dig., Assem. Bill No. 1307 (2023–2024

Reg. Sess.).)

The new law has narrowed the scope of the issues

necessary for this Court to resolve. Good Neighbor concedes

that Assembly Bill 1307 applies to our consideration of the case.

Good Neighbor further concedes that the new law makes clear

that the EIR, insofar as it evaluates the People’s Park housing

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project, is not required to examine “social noise”2 or potential

alternative locations to People’s Park. However, Good Neighbor

contends that its social noise claim as to the adequacy of the

EIR’s evaluation of the plan to guide long-term physical

development remains viable because the new law “exempts only

‘residential projects’ from CEQA analysis,” and Good Neighbor

maintains that the development plan — including its asserted

projected enrollment-driven population increase — “is not a

‘residential project’ ” within the meaning of the new law. As to

its alternative locations argument, Good Neighbor asks us to

consider its claim with respect to housing projects that the

Regents of the University of California (Regents) might carry

out in the future pursuant to the development plan.

We conclude that, based on the new law, none of Good

Neighbor’s claims has merit and we accordingly reverse the

Court of Appeal’s judgment. We hold that the new law applies

to both the People’s Park housing project and the development

plan, and the EIR is not inadequate for having failed to study

the potential noisiness of future students at UC Berkeley in

connection with this project. We decline to consider Good

Neighbor’s alternative locations argument with respect to

potential future housing projects which are simply not before us.

In short, as all parties have effectively acknowledged, this

lawsuit poses no obstacle to the development of the People’s

Park housing project.

2

We understand Good Neighbor to use the term “social

noise” to refer to noise generated by human voices during social

interactions, and we use the term in that fashion throughout

this opinion.

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I.

A.

Each University of California campus periodically

develops a planning document referred to as a Long Range

Development Plan (LRDP) to guide “physical development,

including land use designations, the location of buildings, and

infrastructure systems, for an established time horizon.” (Ed.

Code, § 67504, subd. (a)(1).) In July 2021, the Regents approved

the LRDP at issue in this case (2021 LRDP). The 2021 LRDP

identifies UC Berkeley’s campus space, housing, and parking

needs; and it describes the land use, open space, mobility, and

infrastructure systems needed to support campus development.

The 2021 LRDP estimates future population levels at the

university for planning purposes, but it “do[es] not mandate or

commit UC Berkeley to any specific level of student enrollment

or overall growth.” For the horizon year of 2036–2037, the 2021

LRDP estimates a total campus population of 67,200. This

estimate represents an increase of 12,070 individuals over the

“current population” of 55,130 for the 2018–2019 year, including

increases of 8,490 students and 3,580 faculty and staff.

One of the 2021 LRDP’s goals is to “[i]mprove the existing

housing stock and construct new student beds and faculty

housing units in support of the Chancellor’s Housing

Initiative.”3 To that end, the 2021 LRDP plans for the addition

3

The 2021 LRDP explains that the Chancellor’s Housing

Initiative establishes a goal of providing “two years of housing

for entering freshmen; one year for entering transfer students;

one year for entering graduate students; and up to [six] years

for untenured faculty.”

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of 11,730 new student beds to be “implemented incrementally

over the long term as resources become available for individual

capital projects.”4

In September 2021, the Regents approved a plan for the

specific redevelopment project at issue here — Housing Project

No. 2 — which sought to redevelop a site near the UC Berkeley

campus known as People’s Park.5 The proposed project includes

three primary components: (1) student housing;

(2) preservation and revitalization of green space open to the

public; and (3) affordable and permanent supportive housing to

be developed by a nonprofit partner.6 When complete, Housing

Project No. 2 is projected to add 1,113 student beds, 1.7 acres of

open landscape, and 125 affordable and supportive housing beds

(housing for lower-income or formerly homeless individuals not

affiliated with the university).

In the summer of 2021, the Regents certified an EIR (the

2021 EIR) that included both a “program” EIR (CEQA

Guidelines, § 15168)7 designed to identify and assess potential

4

By way of comparison, the 2021 LRDP notes that

UC Berkeley had constructed approximately 1,100 beds of

student housing under the prior LRDP, which was adopted in

2005.

5

Because the record contains references to both Housing

Project No. 2 and the People’s Park project, we use the terms

interchangeably.

6

Real party in interest, Resources for Community

Development (RCD), is the nonprofit partner.

7

All references to “CEQA Guidelines” are to the

administrative guidelines for the implementation of CEQA.

(Cal. Code Regs., tit. 14, § 15000 et seq.) A “program” EIR

allows an agency to “first analyze[] ‘general matters contained

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environmental impacts from the approval and implementation

of the 2021 LRDP,8 and a “project” EIR (CEQA Guidelines,

§ 15161)9 designed to evaluate the implementation of two

specific development projects, one of which is Housing Project

No. 2.

B.

In October 2021, Good Neighbor filed the operative

petition for writ of mandate against the Regents, the president

of UC Berkeley, and the Chancellor of UC Berkeley (collectively,

respondents); it named RCD as a real party in interest. Good

Neighbor alleged that the 2021 EIR “fails to lawfully assess or

mitigate the Project’s[10] effects on noise pollution,” and “[f]ails

to analyze a range of reasonable alternatives.” The writ petition

asked the trial court to void the approvals of the 2021 LRDP and

in a broader [initial] EIR . . . with later EIRs . . . [analyzing]

narrow projects.’ ” (Friends of College of San Mateo Gardens v.

San Mateo County Community College Dist. (2016) 1 Cal.5th

937, 960.)

8

Section 21080.09, subdivision (b) provides in relevant

part, “[T]he approval of a long-range development plan [is]

subject to this division and require[s] the preparation of an

environmental impact report.” The statute’s reference to “this

division” refers to CEQA. (§ 21080.09, subd. (b); see § 21050

[“This division shall be known and may be cited as the California

Environmental Quality Act”].)

9

A “project” EIR focuses “primarily on the changes in the

environment that would result from the development project,”

and “examine[s] all phases of the project including planning,

construction, and operation.” (CEQA Guidelines, § 15161.)

10

The writ petition uses the term “Project” to include the

2021 LRDP and Housing Project No. 2.

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Housing Project No. 2 and to void the certification of the 2021

EIR.

In a supporting brief, Good Neighbor argued the 2021

EIR’s analysis of social noise was inadequate because it failed to

adequately study “student party and pedestrian noise

disturbances.” Good Neighbor cited a report from a noise expert

who opined both that “vocal noise from house parties and from

late-night pedestrians will exceed the residential Exterior Noise

Limits adopted by the [2021] EIR as a threshold of

significance,”11 and that “there is no effective physical or

regulatory mitigation to avoid these increased incidences of

significant impacts from late night drunken pedestrians or

unruly student parties.” Good Neighbor noted that the noise

expert relied on a history of noise complaints and failed

abatement efforts documented in a letter by a leader of a

program funded by UC Berkeley called Happy Neighbors. Good

Neighbor also argued that the 2021 EIR was deficient for failing

to study alternative locations for Housing Project No. 2.

In opposition to Good Neighbor’s social noise claim,

respondents and RCD argued that Good Neighbor failed to cite

any legal authority for the proposition that the Regents were

required to study such impacts, and they maintained that no

such authority existed. They further contended that Good

Neighbor’s “argument assumes, without evidence, that

11

“A threshold of significance is an identifiable quantitative,

qualitative or performance level of a particular environmental

effect, noncompliance with which means the effect will normally

be determined to be significant by the agency and compliance

with which means the effect normally will be determined to be

less than significant.” (CEQA Guidelines, § 15064.7, subd. (a).)

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additional students would generate substantial late night noise

impacts simply because they are students,” and that Good

Neighbor’s supporting letters from the noise expert and the

leader of the Happy Neighbors organization were “based upon

speculation” rather than substantial evidence. Respondents

and RCD also argued that they were not required to analyze

infeasible off-site project location alternatives to Housing

Project No. 2.

The trial court denied the petition. With respect to Good

Neighbor’s social noise claim, the court found that comment

letters from the noise expert and the leader of Happy Neighbors

were unpersuasive because they were “based upon speculation.”

As to the Regents’ alleged failure to consider alternatives to

Housing Project No. 2, the court determined that the Regents’

“determination to not consider off-site alternatives [was] not a

violation of CEQA as off-site development would not satisfy

most of the project objectives, nor avoid or substantially lessen

the significant effects of the People’s Park project.”

The Make UC court reversed the trial court’s judgment

and remanded the matter with directions that the trial court

vacate its order and judgment denying Good Neighbor’s petition

for writ of mandate. (Make UC, supra, 88 Cal.App.5th at

p. 695.) The Court of Appeal further directed that the trial court

enter a modified judgment consistent with the appellate court’s

conclusions that the 2021 EIR was inadequate because it failed

to study social noise impacts and because it failed to consider

potential alternatives to Housing Project No. 2. (Ibid.)

With respect to noise impacts, the Make UC court agreed

with Good Neighbor that, as to both the 2021 LRDP and

Housing Project No. 2, “the EIR failed to analyze potential noise

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impacts from loud student parties in residential areas near the

campus.” (Make UC, supra, 88 Cal.App.5th at p. 685.) After

noting that “CEQA includes ‘noise’ as part of the

‘ “[e]nvironment” ’ ” (ibid., quoting §§ 21060.5, 21068), and

observing that “[t]he Legislature has declared that it is the

state’s policy to ‘[t]ake all action necessary to provide the people

of this state with . . . freedom from excessive noise’ ” (Make UC,

at p. 685, quoting § 21001, subd. (b)), the Make UC court

explained that “CEQA applies to the type of noise at issue

here — crowds of people talking, laughing, shouting, and

playing music that disturbs neighboring residents” (Make UC,

at p. 685).

The Make UC court rejected arguments that Good

Neighbor’s noise impact claim was based on “opinions and

speculation that reflect an antistudent bias” and “stereotypes,”

and determined that, “[g]iven the long track record of loud

student parties that violate the city’s noise ordinances (the

threshold for significance), there is a reasonable possibility that

adding thousands more students to these same residential

neighborhoods would make the problem worse.” (Make UC,

supra, 88 Cal.App.5th at pp. 687, 688, 689.) Thus, the Make UC

court concluded, “The Regents must analyze the potential noise

impacts relating to loud student parties.” (Id. at p. 690.)

The Make UC court also concluded that the 2021 EIR

“failed to consider and analyze a reasonable range of

alternatives” to Housing Project No. 2. (Make UC, supra,

88 Cal.App.5th at p. 677.) While the Make UC court explained

that it did “not hold the Regents must necessarily study an

alternative site or sites for the People’s Park project,” the court

concluded that “absent a viable explanation for declining to

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consider alternative locations, the range of alternatives in the

[2021] EIR was unreasonable.” (Id. at pp. 676, 683.)

C.

Respondents and Good Neighbor petitioned this Court to

review different aspects of the Court of Appeal’s decision.

We denied Good Neighbor’s petition for review, asking

whether CEQA “permit[s] the EIR to omit analysis of a lower

enrollment and population growth alternative.” Good Neighbor

argued that the Make UC court erred in concluding “that the

LRDP’s campus enrollment and population plan is not part of

the LRDP ‘project,’ ” and contended that UC Berkeley was

required to “mitigate significant off-campus impacts related to

campus growth and development.”

We granted respondents’ petition for review to consider

the Make UC court’s determinations that the 2021 EIR

improperly failed to analyze the environmental impact of social

noise from students and failed to properly consider alternative

locations for Housing Project No. 2. While the appeal was

pending in this court, the Legislature passed a new law that

impacts our review of these issues — Assembly Bill 1307, which

added two new sections to the Public Resources Code that are

discussed below.

II.

A.

“ ‘CEQA embodies a central state policy to require state

and local governmental entities to perform their duties “so that

major consideration is given to preventing environmental

damage.” [Citations.] [¶] CEQA prescribes how governmental

decisions will be made when public entities, including the state

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itself, are charged with approving, funding — or themselves

undertaking — a project with significant effects on the

environment.’ ” (County of Butte v. Department of Water

Resources (2022) 13 Cal.5th 612, 626.) “If, after performing an

initial study, the agency responsible for CEQA compliance . . .

finds substantial evidence that a project may have a significant

environmental impact, the agency must prepare and certify an

EIR before approving or proceeding with the project.” (Id. at

p. 627.)

However, “no matter how important its original purpose,

CEQA remains a legislative act, subject to legislative limitation

and legislative amendment.” (Napa Valley Wine Train, Inc. v.

Public Utilities Com. (1990) 50 Cal.3d 370, 376.) The

Legislature may, for example, determine that a particular

aspect of a project shall not constitute a “significant effect on the

environment.” (§ 21085; see, e.g., §§ 21081.3, subd. (a)

[specifying that certain “aesthetic effects shall not be considered

significant effects on the environment”], 21099, subds. (b)(2)

[specifying that under certain circumstances “automobile delay,

as described solely by level of service or similar measures of

vehicular capacity or traffic congestion, shall not be considered

a significant impact on the environment”], (d)(1) [specifying that

“[a]esthetic and parking impacts of a residential, mixed-use

residential, or employment center project on an infill site within

a transit priority area shall not be considered significant

impacts on the environment”].)

This case requires us to consider the meaning of the

Legislature’s limitation as to the applicability of CEQA

contained in sections 21085 and 21085.2. Section 21085

provides: “For purposes of [CEQA], for residential projects, the

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effects of noise generated by project occupants and their guests

on human beings is not a significant effect on the environment.”

Section 21085.2, subdivision (b) provides: “Notwithstanding

any other law or regulation, institutions of public higher

education shall not be required, in an environmental impact

report prepared for a residential or mixed-use housing project,

to consider alternatives to the location of the residential or

mixed-use housing project if both of the following requirements

are met: [¶] (1) The residential or mixed-use housing project is

located on a site that is no more than five acres and is

substantially surrounded by qualified urban uses. [¶] (2) The

residential or mixed-use housing project has already been

evaluated in the environmental impact report for the most

recent long-range development plan for the applicable

campus.”12

“Statutory interpretation is ‘an issue of law, which we

review de novo.’ ” (Union of Medical Marijuana Patients, Inc. v.

12

Section 21085.2, subdivision (a) provides: “For purposes

of this section, the following definitions apply: [¶] (1) ‘Long-

range development plan’ means a physical development and

land use plan to meet the academic and institutional objectives

for a particular campus or medical center of public higher

education. [¶] (2) ‘Public higher education’ means the

institutions described in subdivision (a) of Section 66010 of the

Education Code. [¶] (3) ‘Residential or mixed-use housing

project’ means a project consisting of residential uses only or a

mix of residential and nonresidential uses, with at least two-

thirds of the square footage of the development designated for

residential uses. [¶] (4) ‘Substantially surrounded’ means at

least 75 percent of the perimeter of the project site adjoins, or is

separated only by an improved public right-of-way from, parcels

that are developed with qualified urban uses.”

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City of San Diego (2019) 7 Cal.5th 1171, 1183 (Union of Medical

Marijuana Patients).) “Our overriding purpose in construing a

provision of CEQA, as with any statute, is ‘to adopt the

construction that best gives effect to the Legislature’s intended

purpose.’ [Citation.] In determining that intended purpose, we

follow ‘[s]ettled principles.’ [Citation.] ‘We consider first the

words of a statute, as the most reliable indicator of legislative

intent.’ [Citation.] In doing so, we give the words ‘their usual

and ordinary meaning,’ viewed in the context of the statute as a

whole. [Citation.] As part of this process, ‘ “ ‘[every] statute

should be construed with reference to the whole system of law

of which it is a part so that all may be harmonized and have

effect.’ ” ’ ” (Id. at pp. 1183–1184.)

“When the language of a statute is ambiguous — that is,

when the words of the statute are susceptible to more than one

reasonable meaning, given their usual and ordinary meaning

and considered in the context of the statute as a whole — we

consult other indicia of the Legislature’s intent, including such

extrinsic aids as legislative history and public policy.

[Citations.] If there is no ambiguity, ‘ “ ‘ “we presume the

Legislature meant what it said and the plain meaning of the

statute governs.” ’ ” ’ ” (Union of Medical Marijuana Patients,

supra, 7 Cal.5th at p. 1184.)

“In addition to these general precepts, a more specific

principle is directly applicable when . . . the Legislature

undertakes to amend a statute which has been the subject of

judicial construction. In such a case it is presumed that the

Legislature was fully cognizant of such construction, and when

substantial changes are made in the statutory language it is

usually inferred that the lawmakers intended to alter the law in

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those particulars affected by such changes.” (Palos Verdes

Faculty Assn. v. Palos Verdes Peninsula Unified Sch. Dist.

(1978) 21 Cal.3d 650, 659 (Palos Verdes).)

In mandamus proceedings, a reviewing court applies the

law that is current at the time of judgment in the reviewing

court. (Citizens for Positive Growth & Preservation v. City of

Sacramento (2019) 43 Cal.App.5th 609, 626 (Citizens for Positive

Growth); see Callie v. Board of Supervisors (1969) 1 Cal.App.3d

13, 19 [applying this principle with respect to injunction

proceedings because “ ‘[r]elief by injunction operates in futuro’ ”

and observing that “[t]he same equitable considerations also

have been applied in the case of mandamus proceedings”].)

B.

Good Neighbor concedes that Assembly Bill 1307 resolves

significant aspects of its claims — both with respect to the 2021

EIR’s analysis of social noise impacts and its consideration of

alternative locations to Housing Project No. 2.

With respect to social noise impacts, Good Neighbor

concedes that section 21085 “prevents [a] court from requiring

project-level CEQA analysis of the effects of ‘social noise’

associated with Housing Project [No.] 2 as sited in People’s

Park.”

Regarding the need to consider alternative locations, Good

Neighbor concedes that Housing Project No. 2 “meets the

criteria specified in new . . . section 21085.2 for exemption from

further CEQA review” and that “[t]he housing exemption for

institutions of public higher education . . . specifically intended

to preclude judicial action requiring additional alternative sites

CEQA review for Housing Project No. 2 as proposed in People’s

Park.”

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Nonetheless, Good Neighbor contends a portion of its

claim regarding social noise impacts remains viable — namely,

the portion relating to the 2021 LRDP, including the

enrollment-driven population plan it asserts is encompassed

within the 2021 LRDP. Good Neighbor further contends that,

although its argument regarding the need to consider

alternatives to Housing Project No. 2 is “moot,” this Court

should decide the claim because it raises issues of broad public

interest that are likely to recur. We discuss these claims in turn.

C.

As an initial matter, we accept Good Neighbor’s concession

that section 21085 precludes “project-level CEQA analysis of the

effects of ‘social noise’ associated with Housing Project [No.] 2 as

sited in People’s Park.” Good Neighbor argued below that the

EIR’s analysis of the impacts of “student-generated noise” was

inadequate. But section 21085 clearly states that “[f]or purposes

of [CEQA], for residential projects, the effects of noise generated

by project occupants and their guests on human beings is not a

significant effect on the environment.”

Because Good Neighbor does not dispute either that

Housing Project No. 2 is a “residential project[]” within the

meaning of section 21085, or that this statute governs our

consideration of the merits of the social noise claim on appeal

(Citizens for Positive Growth, supra, 43 Cal.App.5th at p. 626),

Good Neighbor’s social noise claim with respect to Housing

Project No. 2 necessarily fails. It cannot be said that the 2021

EIR is inadequate for having failed to study the effects of social

noise associated with Housing Project No. 2, when no such

analysis is required under section 21085. The alleged

environmental impacts of “noise generated by project occupants

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and their guests on human beings” at the proposed new housing

project located at People’s Park are not subject to review under

CEQA. (§ 21085.)

What remains for us to decide is Good Neighbor’s claim

that the 2021 EIR is nonetheless deficient for failing to

adequately consider the environmental impacts of social noise

resulting more broadly from the 2021 LRDP — the long-range

plan that governs physical development at UC Berkeley through

the horizon year of 2036–2037.13

According to Good Neighbor, one reason this claim

remains viable is because the 2021 LRDP does not constitute a

“residential project[]” within the meaning of section 21085.

Although the term “residential projects” is not defined for

purposes of section 21085, section 21065 defines a “ ‘[p]roject’ ”

as “an activity which may cause either a direct physical change

in the environment, or a reasonably foreseeable indirect

physical change in the environment,” when carried out directly

or indirectly by a public agency under specified circumstances.

Given that section 21060 mandates that section 21065’s

definition of project shall “govern the construction” of CEQA

(§ 21060), “we must assume that in using the defined term

‘project’ in section [21085], the Legislature intended it to bear

13

Aside from its social noise claim, Good Neighbor does not

contend that the 2021 EIR was deficient in any other aspect of

its environmental analysis of noise, either with respect to

Housing Project No. 2 or the LRDP. We note that both the draft

and final version of the 2021 EIR contain a detailed analysis of

anticipated noise, including that generated by construction and

traffic with respect to both Housing Project No. 2 and the LRDP.

Public comments were also received, considered, and responded

to during the environmental analysis of these noise impacts.

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the definition assigned in section 21065.” (Union of Medical

Marijuana Patients, supra, 7 Cal.5th at p. 1191; see ibid.

[Legislature’s “use of the defined term ‘project,’ rather than a

generic term such as ‘activity,’ suggests that the Legislature

intended to incorporate the defined concept”].)14

Unlike the term “project,” the term “residential” is not

statutorily defined within CEQA. We therefore presume that

14

We have explained that section 21060 makes certain

statutory definitions provided in CEQA binding on courts: “ ‘ “If

the Legislature has provided an express definition of a term,

that definition ordinarily is binding on the courts.” ’ [Citation.]

As a corollary of this principle, ‘[t]erms defined by the statute in

which they are found will be presumed to have been used in the

sense of the definition.’ [Citation.] In the case of CEQA, this

judicial presumption is legislatively mandated. Section 21060

expressly states that CEQA’s definitions ‘govern the

construction of this division.’ ” (Union of Medical Marijuana

Patients, supra, 7 Cal.5th at p. 1191.)

By contrast, while Good Neighbor notes that the

Legislature provided a definition for “ ‘[r]esidential or mixed-use

housing project’ ” in section 21085.2 governing the consideration

of certain alternatives (id., subd. (a)(3)), the Legislature

specified that this definition applies only “[f]or purposes of this

section” — that is, section 21085.2. (Id., subd. (a).) Under these

circumstances, we decline to apply section 21085.2’s definition

of “ ‘[r]esidential or mixed-use housing project’ ” to

section 21085’s use of the term “residential projects.” (See, e.g.,

Skidgel v. California Unemployment Ins. Appeals Bd. (2021)

12 Cal.5th 1, 23 [declining to apply statutory definition from one

section of a statutory scheme to another section where

“[n]othing suggests . . . the Legislature intended or understood

that it would” apply in such a fashion].) As we recognized in

People v. Leal (2004) 33 Cal.4th 999, 1007, a statutory definition

that “begins with the phrase, ‘[a]s used in this section,’ . . . belies

any legislative intent to apply the definition[]” outside of the

specified section.

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Opinion of the Court by Guerrero, C. J.

the Legislature intended for it to have its “ordinary meaning.”

(In re N.R. (2023) 15 Cal.5th 520, 539 [“The Legislature’s failure

to define [a term] suggests that legislators intended for this term

to bear its ordinary meaning in this context”].) And we take the

ordinary meaning of “residential” to mean “of or relating to

residence or residences.” (Merriam-Webster Dict. Online (2024)

<https://www.merriam-webster.com/dictionary/Residential> [as

of June 6, 2024];15 see In re N.R., at p. 540 [dictionary definitions

may be helpful in ascertaining the ordinary meaning of words].)

Thus, considering the individual terms “residential” and

“projects” together, the Legislature’s use of the collective term

“residential projects” in section 21085 suggests that the statute

applies to public agency activities that relate to residence or

residences that may have a significant effect on the

environment.

Contrary to Good Neighbor’s assertion that the meaning

of the term “residential projects” in section 21085 is plain, we

conclude that, even when applying the above construction, the

term may have different meanings. As used in the statute, the

term might narrowly refer to plans to add residential units to a

specific location. (See, e.g., City of Goleta v. Superior Court

(2006) 40 Cal.4th 270, 274 [developer “submitted a vesting

tentative subdivision map to the County for a multiunit

residential project within [City’s] proposed boundaries”].) Or

the term might more broadly refer to land use planning to the

extent it concerns residential development. (See, e.g., CEQA

15

All internet citations in this opinion are archived by year,

docket number and case name at <http://www.courts.ca.gov/

38324.htm>.

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Guidelines, § 15182, subd. (c)(1) [“Residential projects covered

by this section include but are not limited to land subdivisions,

zoning changes, and residential planned unit developments”].)

Section 21085’s brevity — consisting of a single sentence —

provides limited contextual clues as to the breadth the

Legislature intended to ascribe to the term.

Advancing a narrower interpretation, Good Neighbor

argues that “[t]he Legislature could have amended CEQA to

provide that ‘for LRDPs, noise generated by LRDP population

plans is not a significant effect on the environment,’ but it did

not.” (Italics added.) This argument is unpersuasive. That the

Legislature could have specifically referred to LRDPs does not

answer the question of whether an LRDP is within the scope of

the different term — namely, “residential projects” (§ 21085) —

which the Legislature chose to use. Good Neighbor’s invocation

of the canon of statutory construction, expressio unius est

exclusio alterius, pursuant to which “the explicit mention of

some things in a text may imply other matters not similarly

addressed are excluded” (Howard Jarvis Taxpayers Assn. v.

Padilla (2016) 62 Cal.4th 486, 514), does not advance its claim

here because Good Neighbor has failed to establish that the

2021 LRDP is outside the scope of section 21085’s reference to

“residential projects.”

A broader interpretation of “residential projects”

(§ 21085) — one that encompasses land use planning to the

extent it concerns residential development — appears to better

correspond with the Legislature’s intent to specify the type of

noise that does not constitute a significant effect on the

environment, namely that emanating from “project occupants

and their guests.” (§ 21085.) In addition, by referring to

19

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Opinion of the Court by Guerrero, C. J.

“residential projects” rather than LRDPs in section 21085, the

Legislature appears to have left open the possibility that certain

noise impacts from a nonresidential project (e.g., a stadium,

entertainment venue, or commercial center) planned for in an

LRDP might constitute a significant effect on the

environment. 16

Ultimately, after considering the text and statutory

context of the term “residential projects” in section 21085, we

conclude the term is ambiguous. The statute’s reference to

“residential projects” could either refer narrowly to plans to add

residential units to a specific location, or more broadly to land

use planning to the extent it concerns residential development.

We therefore consider “ ‘ “ ‘ “the statute’s purpose, legislative

history, and public policy” ’ ” ’ ” (Smith v. LoanMe, Inc. (2021)

11 Cal.5th 183, 190 (Smith)) to discern its meaning.

It is unnecessary for us to conclusively define the scope of

the meaning of “residential projects” in section 21085. Even

assuming the 2021 LRDP is not a plan to add residential units

to a specific location,17 the statute’s purpose, as revealed in its

legislative history, makes clear that the term should be

interpreted broadly enough to encompass those portions of the

2021 LRDP at issue in this case. (See 2A Singer & Singer,

Statutes and Statutory Construction (7th. ed. 2023) § 48:3

16

We have no occasion to consider whether social noise

impacts from nonresidential aspects of an LRDP might

constitute a significant effect on the environment in the wake of

the enactment of section 21085.

17

However, the 2021 LRDP does include a map identifying

specific sites for potential development, including the People’s

Park site on which Housing Project No. 2 is planned to be built.

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[“Courts look to a statute’s contemporary history and historical

background as aids to interpretation,” to “illuminate the

circumstances under which an act was passed, the mischief at

which it was aimed, and the statute’s ‘object’ or ‘purpose’ ”], fns.

omitted; see, e.g., Delaney v. Baker (1999) 20 Cal.4th 23, 41

[noting that the meaning of a statutory phrase may depend upon

the legislative history and underlying purpose of the statute in

which the phrase is used].)

The legislative history of Assembly Bill 1307

overwhelmingly establishes that the Legislature enacted the

new law to abrogate the Make UC decision. This critical fact

guides our interpretation of the term “residential projects” in

section 21085. The legislative history is replete with references

to the Make UC decision.18 And it is quite clear that, in enacting

section 21085, the Legislature was focused on rejecting the

Make UC court’s central underlying conclusion that social noise

from residential users may constitute a significant effect on the

environment. (Compare Make UC, supra, 88 Cal.App.5th at

p. 685 [“CEQA applies to the type of noise at issue here —

crowds of people talking, laughing, shouting, and playing music

that disturbs neighboring residents”] with Sen. Com. on

18

See, e.g., Assembly Committee on Natural Resources,

Report on Assembly Bill No. 1307 (2023–2024 Reg. Sess.) as

amended March 16, 2023, page 2; Assembly Committee on

Appropriations, Report on Assembly Bill No. 1307 (2023–2024

Reg. Sess.) as amended March 16, 2023, page 2; Senate

Committee on Environmental Quality, Analysis of Assembly

Bill No. 1307 (2023–2024 Reg. Sess.) as amended May 18, 2023,

pages 2–3; Senate Rules Committee, Office of Senate Floor

Analyses, Analysis of Assembly Bill No. 1307 (2023–2024 Reg.

Sess.) as amended June 26, 2023, pages 5, 7, 9.

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Environmental Quality, Analysis of Assem. Bill No. 1307, supra,

p. 1 [broadly stating that the bill “specifies that noise from

residents does not constitute a significant environmental effect

under the California Environmental Quality Act”].) For

example, Assembly Bill 1307’s author explained that one

purpose of the bill was to “remove the potential for litigants to

challenge residential development based on the speculation that

the new residents will create unwanted noises,” concluding

instead “that minor and intermittent noise nuisances, such as

from unamplified human voices, be addressed through local

nuisance ordinances and not via CEQA.” (Sen. Com. on

Environmental Quality, Analysis of Assem. Bill No. 1307, supra,

p. 3.)19

19

Good Neighbor argues that this statement, which is

repeated throughout several committee reports as the bill

author’s statement, “is not relevant to, much less dispositive of,

the Court’s construction of new CEQA section 21085, because

‘statements of an individual legislator, including the author of a

bill, are generally not considered in construing a statute, as the

court’s task is to ascertain the intent of the Legislature as a

whole in adopting a piece of legislation.’ ” (Quoting Quintano v.

Mercury Casualty Co. (1995) 11 Cal.4th 1049, 1062.) The

contention is without merit. “Where, as here, the author’s

statements are part of committee materials — and are therefore

relayed not merely as personal views, but instead as part of the

Legislature’s consideration of the bill — they can serve as

salient reflections of legislative purpose.” (McHugh v. Protective

Life Ins. Co. (2021) 12 Cal.5th 213, 241.) In interpreting

legislation, this court has frequently relied on a statement of the

bill’s author when such statement is contained in committee

materials. (See, e.g., People v. Braden (2023) 14 Cal.5th 791,

820; Smith, supra, 11 Cal.5th at p. 197.)

22

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Opinion of the Court by Guerrero, C. J.

The Legislature’s intent to provide that social noise does

not constitute a significant impact on the environment for

residential projects is directly contrary to the Make UC court’s

conclusion that the 2021 EIR was inadequate for having failed

to study such noise impacts. (See, e.g., Sen. Rules Com., Off. of

Sen. Floor Analyses, Analysis of Assem. Bill No. 1307, supra,

p. 7 [stating that the Make UC court established a “new

precedent that noise from residents in projects should be an

environmental factor considered under CEQA,” but rejecting

such reasoning because “CEQA does not need to be expanded to

include noises from residents (or residents suspected of being

inherently noisy), as there are already mechanisms in place to

get noisy neighbors to quiet down”].) Indeed, the Legislature

described as “alarming” the Make UC court’s reasoning that

social noise should be considered because “students are noisy

and more likely to party than other people.” (Sen. Rules Com.,

Off. of Sen. Floor Analyses, Analysis of Assem. Bill No. 1307,

supra, p. 7.)

This clear legislative intent to abrogate the Make UC

court’s interpretation of CEQA as mandating a consideration of

social noise in this manner strongly supports the conclusion that

the Legislature intended for section 21085 to apply to the 2021

EIR’s evaluation of the residential aspects of the 2021 LRDP.

(See Palos Verdes, supra, 21 Cal.3d at p. 659 [stating that when

the Legislature substantially amends a statute that has

previously been judicially construed, it is usually inferred that

the Legislature intended to change the law].)

Good Neighbor advances a different interpretation — one

that applies section 21085 solely to the 2021 EIR’s evaluation of

Housing Project No. 2, but not to any portion of the 2021 EIR’s

23

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Opinion of the Court by Guerrero, C. J.

evaluation of the 2021 LRDP. But we find nothing in the

legislative history of Assembly Bill 1307 suggesting the

Legislature intended to limit application of section 21085 in this

manner. (See Winn v. Pioneer Medical Group, Inc. (2016)

63 Cal.4th 148, 163 [“ ‘the absence of legislative history [can] be

of significance in deciphering legislative intent’ ”]; In re N.R.,

supra, 15 Cal.5th at p. 546 [same].) The absence of such

legislative history is particularly instructive because the

Legislature was aware that the 2021 EIR evaluated both the

2021 LRDP and Housing Project No. 2, and that both were at

issue in Make UC. (See Sen. Com. on Housing, Analysis of

Assem. Bill No. 1307 (2023–2024 Reg. Sess.) as amended

June 26, 2023, p. 5 [describing Make UC and noting that

“UC Berkeley analyzed the [2021] LRDP and the People’s Park

project together in a single EIR”].)

We further conclude it would have been reasonable for the

Legislature to have considered the 2021 LRDP to be a

“residential project[]” (§ 21085), at least with respect to that

portion of the 2021 LRDP challenged in this case. The 2021 EIR,

the Make UC court, and the legislative history of Assembly Bill

1307 all described the 2021 LRDP in a way that logically

correlates with the meaning of a residential project.

Specifically, the 2021 EIR described the 2021 LRDP by

noting that its “proposed development program includes . . .

approximately 11,073 student beds and 549 faculty and staff

beds,” and that it plans for a campus population of “48,200

students and 19,000 faculty and staff in the . . . 2036–37

academic year.”

Similarly, the Make UC court described the 2021 LRDP as

follows: “The 2021 plan encompasses a general strategy for

24

MAKE UC A GOOD NEIGHBOR v. THE REGENTS OF THE UNIVERSITY

OF CALIFORNIA

Opinion of the Court by Guerrero, C. J.

meeting the housing goals identified in the chancellor’s

initiative. The university anticipates (but is not committed to)

constructing up to 11,731 net new beds to accommodate a

projected increase in the campus population (students, faculty,

and staff) of up to 13,902 new residents. In addition, the plan

projects that another 8,173 students, faculty and staff will be

added to the population by the 2036–2037 academic year who

will not be provided with university housing.” (Make UC, supra,

88 Cal.App.5th at p. 666.)

The legislative history of Assembly Bill 1307 also indicates

that the Legislature was aware of the residential aspect of the

2021 LRDP. One committee analysis described the 2021 LRDP

as follows: “Each UC is required to adopt an LRDP, which is a

high level planning document that helps guide decision[s] on

land and infrastructure developments. An LRDP . . . functions

as a combination programmatic EIR and general land use plan.

UC Berkeley provides housing for only 23% of its students,

which is by far the lowest of any UC. Enrollments have

outpaced student housing development. The prior LRDP,

adopted in 2005, called for the construction of 2,600 beds

through 2021, which was 10,000 beds short of the projected

enrollment increase. The university only produced 1,119 of

those bed[s], while simultaneously increasing enrollment

beyond what was planned for in the LRDP. The most recent

LRDP, adopted in 2021, proposes to build 11,731 beds.” (Sen.

Com. on Housing, Analysis of Assem. Bill No. 1307, supra,

pp. 4–5.)

All these descriptions of the 2021 LRDP as a document

designed to plan for an increase in the number of housing units

and residents to the UC Berkeley campus area support the

25

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OF CALIFORNIA

Opinion of the Court by Guerrero, C. J.

conclusion that the Legislature intended the term “residential

projects” to apply to those portions of the 2021 LRDP at issue

here.

Public policy considerations lead to the same conclusion.

We need not wade into the contentious public debate

surrounding the implementation of Housing Project No. 2 and

the 2021 LRDP. Nonetheless, as was true with the Make UC

court, “[w]e are, of course, aware of the public interest in this

case . . . and the broader public debate about legal obstacles to

housing construction.” (Make UC, supra, 88 Cal.App.5th at

p. 665.) Given this context, we find it untenable that the

Legislature would preclude the consideration of social noise

impacts under CEQA only for projects designed to add

residential units to a specific location (such as Housing Project

No. 2) while potentially requiring the same analysis of social

noise when an agency makes broader land use planning

decisions (such as the 2021 LRDP) that encompass the specific

projects. If anything, an agency’s broader land use planning

decisions have less direct connection to the production of social

noise than an agency’s specific project adding residential units

to a specific location. We see nothing in section 21085’s purpose,

legislative history, or public policy that would support such an

anomalous result by limiting the statute’s application to

Housing Project No. 2 only.

Good Neighbor also focuses on the social noise impacts it

contends are “caused by all of the students included in the

LRDP’s projected enrollment-driven population increase,” in its

supplemental answer brief. Good Neighbor reasons that the

enrollment-driven population increase — which forms a part of

the LRDP at issue and which will bring thousands of new

26

MAKE UC A GOOD NEIGHBOR v. THE REGENTS OF THE UNIVERSITY

OF CALIFORNIA

Opinion of the Court by Guerrero, C. J.

students to the campus — is not a residential project and thus

must be evaluated for social noise impacts whether such

students are housed in UC Berkeley residential projects or not.

This argument is at odds with the Court of Appeal’s

holding regarding the limited purpose and scope of the LRDP.

The Make UC court held that these enrollment-driven

population increases were not part of the 2021 LRDP, and

therefore the 2021 EIR was not deficient for “failing to analyze

an alternative to the development plan that would limit student

enrollment.” (Make UC, supra, 88 Cal.App.5th at p. 668; see id.

at pp. 672–675.) It reasoned that “the process for setting

enrollment levels in the UC system is complicated, with

multiple players, interests, and trade-offs,” and that the LRDP

“deliberately keeps separate the complex annual process for

setting student enrollment levels.” (Id. at pp. 671, 672.) As the

Make UC court further explained, “the Regents adopted a

program EIR for a limited, high-level land use plan and made a

reasoned decision to exclude the enrollment process from the

scope of the project.” (Id. at p. 673.) We denied Good Neighbor’s

petition seeking review of the Make UC court’s conclusion that

the 2021 LRDP is not an enrollment-driven population plan, and

so Good Neighbor’s arguments focused on this issue are not

before us.

Further, the Legislature could have reasonably

determined that there was no need to specify in section 21085

that CEQA does not require an agency to study social noise

related to an increase in campus population recounted in an

LRDP because, as the Make UC court also noted, in a recent

amendment to the statute, “the Legislature exempted

enrollment and enrollment increases from the definition of a

27

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Opinion of the Court by Guerrero, C. J.

project under CEQA.” (Make UC, supra, 88 Cal.App.5th at

p. 676, citing Sen. Bill No. 118 (2021–2022 Reg. Sess.), Stats.

2022, ch. 10, § 1, eff. Mar. 14, 2022; § 21080.09, subd. (d).)

Finally, we reject as unsound Good Neighbor’s argument

that the new legislation “implicitly affirms . . . the [Make UC

court’s] ruling” by failing to specify the statute’s potential

application to the 2021 LRDP. (Italics omitted.) Drawing such

a negative inference is unwarranted given that the portions of

the 2021 LRDP at issue in this case are reasonably

characterized as a “residential project[]” (§ 21085). And such an

inference would stand in stark tension with the legislative

history discussed above that found the Make UC court’s holding

regarding the environmental impacts of social noise from

students and their guests to be “alarming.” (Sen. Rules Com.,

Off. of Sen. Floor Analyses, Analysis of Assem. Bill No. 1307,

supra, p. 7.)

In sum, given the Legislature’s enactment of section

21085, we conclude the 2021 EIR was not inadequate for failing

to have considered whether the impacts of social noise on

neighboring residents potentially caused by future students at

UC Berkeley constituted a significant effect on the environment

with respect to either Housing Project No. 2 or the residential

aspects of the 2021 LRDP. The Make UC court’s contrary

holdings must be reversed in the wake of the enactment of

Assembly Bill 1307.

D.

The Make UC court concluded that the 2021 EIR was

faulty for having “failed to justify the decision not to consider

alternative locations to the People’s Park project.” (Make UC,

supra, 88 Cal.App.5th at p. 665.)

28

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Opinion of the Court by Guerrero, C. J.

As previously noted, Assembly Bill 1307 added new

section 21085.2, which specifies that public universities “shall

not be required, in an environmental impact report prepared for

a residential or mixed-use housing project, to consider

alternatives to the location of the residential or mixed-use

housing project” when certain criteria are met. (§ 21085.2, subd.

(b).) Good Neighbor concedes that Housing Project No. 2 meets

section 21085.2’s criteria. We accept Good Neighbor’s

concession. Further, because of section 21085.2’s application to

Housing Project No. 2, the Regents “shall not be required . . . to

consider alternatives to the location of” (§ 21085.2, subd. (b)) the

proposed new housing at People’s Park, and the 2021 EIR is not

inadequate for having failed to consider alternative locations for

this project.

In deciding this issue, we reject Good Neighbor’s framing

of the question as one involving mootness. Specifically, Good

Neighbor contends that section 21085.2 “moots” its alternative

sites claim, but we should nonetheless “decide Good Neighbor’s

claim because . . . it raises issues of broad public interest that

are likely to recur.” According to Good Neighbor, we should

consider how section 21085.2 might apply to future housing

projects that the Regents might carry out pursuant to the 2021

LRDP and we “should not allow [the Regents] to evade review of

this claim by obtaining passage of a statute that moots the

claim.”

The mootness doctrine has no application here. “A case

becomes moot when events ‘ “render[] it impossible for [a] court,

if it should decide the case in favor of plaintiff, to grant him any

effect[ive] relief.” ’ ” (In re D.P. (2023) 14 Cal.5th 266, 276,

italics added.) That has not occurred here. Section 21085.2 does

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Opinion of the Court by Guerrero, C. J.

not make it impossible for a court to provide Good Neighbor

relief if it were to decide the case in Good Neighbor’s favor.

Instead, section 21085.2 makes clear that Good Neighbor is not

entitled to relief. Stated differently, the recent legislation does

not moot the case; it determines who prevails.

We further reject Good Neighbor’s request that we

consider the potential application of the new statute to future

projects on the ground that it is not encompassed within the

applicable issue raised in respondents’ petition for review, which

is whether the EIR “failed to justify the decision not to consider

alternative locations to the People’s Park project.” (Make UC,

supra, 88 Cal.App.5th at p. 665, italics added.) As noted, Good

Neighbor concedes that the People’s Park project “meets the

criteria specified in new . . . section 21085.2 for exemption from

further CEQA review.” The question of how section 21085.2

might apply to future housing projects — other than the People’s

Park project — is simply not before us and we do not render

advisory opinions on such issues.

III.

We reverse the judgment of the Court of Appeal in favor of

Good Neighbor and we remand the matter to the Court of Appeal

with directions to remand the case to the trial court to enter a

30

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OF CALIFORNIA

Opinion of the Court by Guerrero, C. J.

judgment on the merits of Good Neighbor’s writ petition in favor

of respondents.

GUERRERO, C. J.

We Concur:

CORRIGAN, J.

LIU, J.

KRUGER, J.

GROBAN, J.

JENKINS, J.

EVANS, J.

31

See next page for addresses and telephone numbers for counsel who

argued in Supreme Court.

Name of Opinion Make UC A Good Neighbor v. Regents of

University of California

__________________________________________________________

Procedural Posture (see XX below)

Original Appeal

Original Proceeding

Review Granted (published) XX 88 Cal.App.5th 656

Review Granted (unpublished)

Rehearing Granted

__________________________________________________________

Opinion No. S279242

Date Filed: June 6, 2024

__________________________________________________________

Court: Superior

County: Alameda

Judge: Frank Roesch

__________________________________________________________

Counsel:

Law Offices of Thomas N. Lippe, Thomas N. Lippe; Soluri Meserve,

Patrick M. Soluri, Osha R. Meserve and James C. Crowder for

Plaintiffs and Appellants.

The Sohagi Law Group, Nicole H. Gordon, Margaret M. Sohagi, Mark

J.G. Desrosiers; Lubin Olson & Niewiadomski, Charles R. Olson,

Philip J. Sciranka; Charles F. Robinson, Rhonda S. Goldstein,

Katharine S. Essick, Alison L. Krumbein; David M. Robinson; Horvitz

& Levy, Beth J. Jay, Jeremy B. Rosen, Mitchell C. Tilner and H.

Thomas Watson for Defendants and Respondents.

Farimah Faiz Brown, City Attorney, for the City of Berkeley as Amicus

Curiae on behalf of Defendants and Respondents.

Holland & Knight and Jennifer L. Hernandez for The Two Hundred for

Homeownership as Amicus Curiae on behalf of Defendants and

Respondents.

Downey Brand, Kathryn Oehlschlager and Breana M. Inoshita for the

League of California Cities and the California State Association of

Counties as Amici Curiae on behalf of Defendants and Respondents.

Buchalter, Douglas C. Straus and Alicia Cristina Guerra for Real

Party in Interest Resources for Community Development.

Counsel who argued in Supreme Court (not intended for

publication with opinion):

Thomas N. Lippe

Law Offices of Thomas N. Lippe, APC

50 California Street, Suite 1500

San Francisco, CA 94111

(415) 777-5604

Nicole H. Gordon

The Sohagi Law Group, PLC

11999 San Vicente Boulevard, Suite 150

Los Angeles, CA 90049

(310) 475-5700

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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