Fear Not Law CA Pub. Decisions

WOLLMER v. BERKELEY Part-II

Filed 3/11/11 Certified for publication 3/30/11 (order attached)
CA Pub. Decisions
WOLLMER v

WOLLMER v. BERKELEY











Filed 3/11/11 Certified for publication 3/30/11 (order attached)







IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR


STEPHEN WOLLMER,
Plaintiff and Appellant,
v.
CITY OF BERKELEY et al.,
Defendants and Respondents;
R.B. TECH CENTER LP et al.,
Real Parties in Interest and Respondents.



A128121

(Alameda County
Super. Ct. No. RG09457010)




STORY CONTINUE FROM PART I….

The proposed projects are located within the C-W West Berkeley Commercial District (C-W District), as indicated on the official zoning map. (Berkeley Mun. Code, § 23A.16.020.A.) The City's zoning ordinance does not specify a maximum density for the C-W District. (Id., ch. 23E.64.) However, the land use element of the general plan specifies a maximum density of 44 to 88 persons (20 to 40 dwelling units) per acre for the area within the land use classification that includes the C-W District. (City of Berkeley General Plan, Land Use Element, pp. 16-18.) The land use element additionally explains that each land use classification â€
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