The decision by the California Supreme Court means a 260-unit complex with 130 units of affordable housing can proceed on the contested Ohlone land.
The court ruling, which Berkeley may appeal, is the latest development in a long-running fight about the property.
The owners of 1900 Fourth St. want to build housing and retail on the old Spenger’s parking lot, which sits in the middle of Berkeley’s shellmound district.
The owners of 1900 Fourth St. sued Berkeley over the city’s denial of their SB35 housing application. The law allows almost automatic approval of complexes where 50% of the units are “affordable.”
A longstanding Berkeley-based commercial real estate firm is suing the city over its use of landmark status to protect a Northside housing complex, alleging “a lack of supporting evidence” to justify the designation, which raises the bar for structural changes once applied.
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.