An appeals court decision bars UC Berkeley from building student housing in People’s Park due to problems with the EIR.

BERKELEY, CA (KGO) — Last summer, protesters clashed with police in an attempt to stop construction at Berkeley’s People’s Park. The appeals court’s new ruling, handed down late Friday night, goes even further.

The court ruled that UC Berkeley cannot move ahead with plans to build student housing in People’s Park until it resolves issues in the project’s environmental impact report.

The ruling states that UC Berkeley “failed to assess the potential noise impact from loud student parties in residential neighborhoods near campus, a long-standing problem…”

“The courts are micromanaging. It’s none of their business when UC Berkeley decides to build housing on their land,” said California State Senator Scott Wiener.

RELATED: UC Berkeley cancels construction at People’s Park after protests and clashes with police; 7 arrested

Senator Viner says the decision is tantamount to “NIMBIism” — or “not in my backyard.”

Viner said the court argues that the California Environmental Quality Act, or CEQA, requires consideration of what “types” of people are going to move in. In this case, these are students known for their noisiness. Wiener says stereotypes are “dangerous.”

“You can imagine the stereotyping of people of low income and people of color. It’s different here in California,” Viner said. “The court turns what is not an environmental issue into a fake environmental issue.”

In a statement to ABC7 News, UC Berkeley said it would appeal the decision to the California Supreme Court, adding that the new decision “bestows new privileges and power on the privileged and powerful, arming NIMBY’s neighbors with additional weapons to discourage all new urban development.” housing.”

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“Basically, anyone with the money to hire a lawyer can use CEQA to try and kill whatever they don’t like. Even if it’s super environmental protection,” Wiener said.

The new ordinance cancels a July 2022 ordinance that allows the university to start building housing for 1,100 students and 125 low-income and homeless residents.

The Court of Appeal also finds that UC officials did not sufficiently explore alternative accommodations for students.

“The fact that he’s been on appeal is kind of positive,” said Berkeley resident Tommy Ortiz.

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Ortiz says the shortage of student housing is not just about availability, but also about affordability, which she says shows up in the number of homeless people currently living in People’s Park.

“There is a housing shortage. But this lack of housing is usually due to the fact that it is not available to people with a certain income, ”Ortiz said. “So, even if it is low-income housing, the system, like the bureaucracy, still allows people to not be able to go into these places. So the truth is, even if it drives them out, it’s not a win. for us.”

Counsel and plaintiffs in the case were unable to comment.

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