High court ruling will allow new student housing at UC Berkeley’s People’s Park

A California Supreme Court ruling will allow student housing at University of California to be built at Berkeley’s historic People’s Park.

The court on Thursday ruled that a new law enacted in 2023 invalidates the claims by two local organizations that sued the school, saying that 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 — a landmark that is a touchstone of counterculture.

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 dorms and apartments.

The court noted that Berkeley provides housing to the lowest percentage of students 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 years long fight by activists and others who want to preserve the park that at times has escalated into skirmishes between police and protesters. 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.

In 2022, activists broke through an 8-foot (2-meter) chain fence erected around the park as crews began clearing trees to make room for the housing project. In January, police officers in riot gear removed activists from the park as crews began walling off the site with double-stacked shipping containers.

California Gov. Gavin Newsom vowed to work with legislators to amend the California Environmental Quality Act, or CEQA, after a state appeals court ruled against the University of California, saying that it failed to assess potential noise “from loud student parties” on residential neighborhoods.

Opponents say there are more appropriate places the university could build, and 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, brought the lawsuit, saying that the university system should have considered increased noise under CEQA.

UC Berkeley released the following statement regarding Thursday’s ruling:

“We are pleased and relieved that the Supreme Court’s decision enables the campus to resume construction at People’s Park. The housing components of the project are desperately needed by our students and unhoused people, and the entire community will benefit from the fact that more than 60% of the 2.8-acre site will be revitalized as open park space.

“The campus is turning its attention to the timeline for resuming construction now that all legal challenges have been resolved by the California Supreme Court. As plans become finalized in the weeks ahead, further construction updates will be shared on the project’s website.

“We are grateful for the strong and ongoing support this project has received from the majority of Berkeley students, community members, advocates for the unhoused, the city’s elected leaders, the state Legislature, and the governor. The campus is committed to addressing the high cost and low supply of housing close to campus that undermines students’ ability to thrive, succeed, and fully partake in all that the university has to offer.”