The group that wants to build 130 units of affordable housing on Fourth Street says it offered several options to address Ohlone concerns but was rebuffed.
West Berkeley Investments said Berkeley erred when it decided its project, with 130 affordable units, could not be fast-tracked under SB 35.
Twenty-five percent of West Berkeley encampment residents are in hotels, 17% were housed and 25% are still on the streets.
The court ruling, which Berkeley may appeal, is the latest development in a long-running fight about the property.
The city was not swayed by the developers’ appeal for a 260-unit complex with 130 affordable apartments.
The application for a housing complex on the Spenger’s parking lot — which has faced opposition from Native American activists — is now in the property owners’ hands.
The judge said the city could deny Ruegg & Ellsworth’s SB35 application because the site is landmarked, even though there are no significant structures on the property and little shellmound evidence has been found.
An appellate court said Berkeley should automatically approve a project on the Shellmound landmark site, but the city is pushing back.
Tuesday brought the latest setback for what has been a controversial proposal to build 260 housing units over what is now the Spenger’s parking lot on Fourth Street.
The owners of an empty lot on Fourth Street that’s a designated city landmark related to Ohlone Indian archeological remains have applied to build a mixed-use development on the site.