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Court waves forward infill apartments in Berkeley: CEQA ruling suggests aesthetics not as important in urban settings


The genuinely aesthetic impacts of a housing cast in an urban area are not enough to require preparation of an environmental impact report, the First District Court of Appeal has rul

In a prolix opinion, the court appeared to end that where aesthetics are the lonely issue, a local government's design review proces could substitute for environmental review.


"Where a throw must undergo design review beneath local law, that process itself can be set to mitigate purely aesthetic impacts to insignificance, level if some people are dissatisfied with the outcome" Presiding Justice Laurence Kay wrote for the court.

Attorney


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