Page 2 - Berkeley Shellmound News Today

The city of Berkeley and an Indigenous group filed an appeal May 28 to block a housing...

From poverty tows to Palestine: The violence of settler colonial evictions across Mama Earth May 24, 2021 Poverty tows are parking violations, which are unethical detriments to houseless folks who rely on the shelter of their vehicles. Between this and the lack of adequate housing options, means of survival are limited. Shelters on Merlin Street, under the I-80 overpass in San Francisco, were cleared – swept away – on May 17, 2021. – Photo: POOR Magazine by Tiny Lisa Gray-Garcia “If the...

To embed, copy and paste the code into your website or blog: On April 20, 2021, the First District Court of Appeal filed its first published opinion interpreting California Senate Bill 35’s streamlining provisions in Ruegg & Ellsworth v. City of Berkeley.  The Court held that the City of Berkeley erred in finding a mixed-use development project ineligible for SB 35 streamlining.  Because the project met the essential qualifications under SB 35, the First District commanded the trial court ...

To embed, copy and paste the code into your website or blog: Senate Bill 35 (Government Code section 65913.4) was enacted in 2017 as part of an effort by the State Legislature to increase housing production. The law compels local agencies, including charter cities, to issue streamlined approvals for qualifying multifamily residential projects, even, at times, where a project conflicts with a local ordinance. In Ruegg & Ellsworth v. City of Berkeley, the court rejected Berkeley’s claim that S...

To embed, copy and paste the code into your website or blog: Californias First District Court of Appeal recently issued a lengthy and consequential decision reaffirming the States ability to pass housing legislation limiting local governments discretion to deny housing projects. In Ruegg & Ellsworth v. City of Berkeley (Case No. A159218, April 20, 2021), the court was specifically tasked with interpreting and applying – for the first time – SB 35 (codified at Gov. Code. § 65913.4). Howeve...

Monday, May 3, 2021 Californias First District Court of Appeal recently issued a lengthy and consequential decision reaffirming the States ability to pass housing legislation limiting local governments discretion to deny housing projects. In  Ruegg & Ellsworth v. City of Berkeley (Case No. A159218, April 20, 2021), the court was specifically tasked with interpreting and applying – for the first time – SB 35 (codified at Gov. Code. § 65913.4). However,  Ruegg & Ellsworth wil...

In Ruegg & Ellsworth v. City of Berkeley, __ Cal.App.5th __ (2021) (Case No. A159218), the first published appellate decision addressing Senate Bill 35, the First District Court of Appeal reversed a trial court decision in favor of the City of Berkeley regarding a project with apartments over retail filed under the provisions of Senate Bill 35.  The Court of Appeal rejected all of the City’s arguments, reversed the trial court in all respects, including its use of a deferential standard of ...

Court rules development can proceed on West Berkeley Shellmound Vanessa Lim/Staff A ruling by California Court of Appeal for the First District allows for a housing complex to be built on the parking lot on a sacred Ohlone shellmound and historic village in West Berkeley. A state appellate court ruled April 20 that a proposed housing and retail complex can be built in the parking lot on a sacred Ohlone shellmound and historic village in West Berkeley. The West Berkeley Shellmound at 1900 Fourth...

The California Court of Appeals ruled this week that this 260-unit project at 1900 Fourth St. can be built. Credit: TCA Architects The owners of the old Spenger’s parking lot at 1900 Fourth St. have the right to build a 260-unit complex there despite the opposition of the city of Berkeley and the Confederated Tribes of Lusjon, the California Court of Appeal ruled Tuesday. While members of the Ohlone community and the city contend the construction would destroy a historic structure, a shellmou...

Court OKs housing development at site of Ohlone shellmound in Berkeley FacebookTwitterEmail A state appeals court has ruled that a proposed apartment and retail complex can be built on the Spenger’s restaurant parking lot. There is a dispute over whether the site overlaps an ancient shellmound burial site of the Ohlone tribe.Paul Chinn / The Chronicle 2018 A proposed housing and retail complex in West Berkeley can be built in a parking lot at the site of an ancient shellmound burial ground of...