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By Olga R. Rodriguez

The Associated Press

SAN FRANCISCO 鈥� People鈥檚 Park in Berkeley, which since the Vietnam War has been a site for protests and counterculture movements, can be converted into student housing for the University of California, the state Supreme Court ruled Thursday, capping a yearslong legal fight over the landmark.

The court ruled that a new law enacted in 2023 invalidates the claims by two local organizations that sued the school, saying more students living in downtown Berkeley would add noise pollution to an already dense area.

Because of the new law, which 鈥渁ll parties have effectively acknowledged, this lawsuit poses no obstacle to the development of the People鈥檚 Park housing project,鈥� Chief Justice Patricia Guerrero wrote in the unanimous decision.

California is desperate for more housing of all types, including for students at its public universities and colleges. Some聽students sleep in their cars, crash on friends鈥� couches, or commute hours to attend class due to limited space in dorms and nearby apartments.

The court noted that UC Berkeley provides housing to the lowest percentage of students compared to other schools in the state university system. During the 2023-2024 academic year, UC Berkeley housed 9,905 students 鈥� about 22 percent of the university鈥檚 45,699 enrolled students, UC Berkeley spokesperson Kyle Gibson stated in an email.

UC Berkeley plans to build a聽$312 million housing complex聽at the nearly 3-acre People鈥檚 Park, which it owns. The complex鈥檚 residential capacity is expected to be approximately 1,100 students.

Protests have at times escalated into skirmishes between police and activists. In 2022, activists聽broke through an 8-foot-tall chain-link fence erected around the park as crews began clearing trees to make room for the housing development. In January, police officers in riot gear removed activists from the park as crews began barricading the site with聽double-stacked shipping containers.

The park聽was founded in 1969聽as part of the era鈥檚 free speech activism 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. It turned into both a symbol of resistance and mayhem during a聽deadly confrontation聽that year known as 鈥淏loody Thursday,鈥� emboldening then-California Gov. Ronald Reagan to send in 3,000 national guardsmen for a two-week occupation that evoked images of war in a city that was clamoring for peace in Vietnam.

The university is relieved by the court鈥檚 decision and will turn its attention to resuming construction at the site, according to Gibson.

鈥淥ur students and unhoused people desperately need the housing components of the project, and the entire community will benefit from the fact that more than 60 percent of the 2.8-acre site will be revitalized as open park space,鈥� Gibson stated.

Make UC a Good Neighbor and the People鈥檚 Park Historic District Advocacy Group filed a lawsuit against the project, saying that the university system should have considered an increase in noise under the California Environmental Quality Act, or CEQA. The groups also said there are more appropriate places the university could build, and the park is a rare green space in one of Berkeley鈥檚 densest neighborhoods.

California Gov. Gavin Newsom聽vowed to work with legislators聽to amend the law after a state appeals court last year ruled against the University of California, saying that it failed to assess the impact of potential noise 鈥渇rom loud student parties鈥� on residential neighborhoods.

In September 2023, Newsom signed a law that amended CEQA to clarify that housing projects do not need to study the noise generated by prospective future residents.

Harvey Smith, president of the advocacy group and one of the plaintiffs, said the decision was disappointing but not surprising.

鈥淚t鈥檚 disappointing because community groups play by the rules and when we win what UC does is go to the Legislature to change the rules,鈥� Smith said. 鈥淐ommunity groups don鈥檛 have the deep pockets or powerful connections UC does.鈥�

Editor鈥檚 note: Associated Press reporter Janie Har in San Francisco contributed to this report.