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.
West Berkeley Investments said Berkeley erred when it decided its project, with 130 affordable units, could not be fast-tracked under SB 35.
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.
What lies beneath the Spenger’s parking lot has been hotly debated in recent months as discussions proceed about what might one day be developed there.
The discovery of a second set of human remains in a Fourth Street lot long considered to sit outside the boundaries of the West Berkeley Shellmound has some people wondering if Berkeley really knows where the perimeter should be.
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.