SAN FRANCISCO– A California Supreme Court ruling allows student housing at the University of California to be built in historic People’s Park in Berkeley.
The court ruled Thursday that a new law enacted in 2023 invalidates claims by two local organizations that sued the school, saying students living in downtown Berkeley would create noise pollution in an already densely populated area. The project sparked years of protests over the park – a landmark that is a touchstone of the counterculture.
California is desperate for more types of housing, including for students at public universities and colleges. Some students sleep in their carscrashing on friends’ couches, or commuting for hours to attend classes due to the limited number of dorms and apartments.
The court noted that Berkeley provides housing for the lowest percentage of students in the UC system.
UC Berkeley has plans for one $312 million residential complex for about 1,100 students in the 1.2-acre People’s Park began a yearslong battle by activists and others seeking to preserve the park, which has sometimes escalated into clashes between police and protesters. The park was founded in 1969 as part of the free speech and civil rights movement of the time and served for decades as a gathering space for free meals, community gardening and art projects, and was used by the homeless.
In 2022, activists broke through an 8-foot A 7-foot chain link fence was installed around the park as crews began cutting down trees to make room for the housing project. In January, police officers in riot gear removed activists from the park as crews began cordoning off the site double-stacked shipping containers.
California Governor Gavin Newsom pledged to work with lawmakers to amend the California Environmental Quality Act (CEQA) after an appeals court ruled against the University of California, saying it had failed to assess potential noise pollution “from loud student parties” in residential areas.
Opponents say there are more suitable places for the university to build, and that the park is a rare green space in one of Berkeley’s densest neighborhoods.
Two local organizations, Make UC a Good Neighbor and The People’s Park Historic District Advocacy Group, filed the lawsuit, saying the university system should have considered more noise under CEQA.