Page 4 - Berkeley Shellmound News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Monday, May 3, 2021 California's First District Court of Appeal recently issued a lengthy and consequential decision reaffirming the State's 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 will likely have implications for developers seeking to benefit from other pro-housing statutes. BAC...

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 review, and required the City to issue the requested ministerial permit approving the project. Codif...

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 St. has been a site of contention over the past four years. The development was initially halted by...

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 shellmound that has existed for 4,900 years, the court disagreed. It pointed out that any remnants of the sh...

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 the Ohlone tribe, a state appeals court says, because it would not destroy any structures in the un...