SAN FRANCISCO (AP) — A California Supreme Court ruling Thursday will allow the University of California to build much-needed student housing at Berkeley’s historic People’s Park, capping years of protests over plans for the landmark that is a touchstone of counterculture movements.
The court ruled that a new law enacted in 2023 invalidates the claims by two local organizations that sued the school, saying more students living in downtown Berkeley would add noise pollution to an already dense area. The project set off years of protests over the park.
California is desperate for more housing of all types, including for students at its public universities and colleges. Some students sleep in their cars, crash on friends’ couches, or commute hours to attend class due to limited space in dorms and nearby apartments.
The court noted that Berkeley provides housing to the lowest percentage of students compared to other schools in the UC system.
UC Berkeley plans for a $312 million housing complex for about 1,100 of its students at the 3-acre (1.2-hectare) People’s Park set off a yearslong fight by protesters and others who want to preserve the park. Protests have at times escalated into skirmishes between police and activists. The park was founded in 1969 as part of the era’s free speech and Civil Rights Movement and for decades served as a gathering space for free meals, community gardening and art projects, and was used by homeless people.
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Make UC a Good Neighbor and The People’s Park Historic District Advocacy Group filed a lawsuit against the project, saying that the university system should have considered increased noise under the California Environmental Quality Act, or CEQA. They also said there are more appropriate places the university could build, and the park is a rare green space in one of Berkeley’s densest neighborhoods.
California Gov. Gavin Newsom vowed to work with legislators to amend the California Environmental Quality Act, or CEQA, after a state appeals court last year ruled against the University of California, saying that it failed to assess the impact of potential noise “from loud student parties” on residential neighborhoods.
In September, Newsom signed a law that amended CEQA to clarify that projects do not need to study the noise generated by prospective future residents.
