Is noise from student parties a type of pollution? Yes, a state appellate court ruled, delaying a UC Berkeley housing project to provide affordable dorm rooms to nearly 1,200 students and homes for another 125 formerly homeless adults in the community.
that would provide affordable dorm rooms to nearly 1,200 students and homes for another 125 formerly homeless adults in the community.
The court ruled that the campus and UC system submitted an inadequate Environmental Impact Report and failed to consider whether another location for the project was more suitable. But it’s the second, novel reason that has the university, housing advocates and some powerful state political leaders crying foul: The court also ruled that the university “failed to assess potential noise impacts from loud student parties in residential neighborhoods near the campus, a longstanding problem that the EIR improperly dismissed as speculative.”
UC lawyers argued that the ruling, which revolves around the California Environmental Quality Act, may open the door for other neighborhood groups to stall not just campus housing but any housing development. UC said it’s appealing to the California Supreme Court. The appeals court maintained that the environmental report is a form of transparency that must explain to the public all the major issues and complications of a development.“Ultimately, CEQA allows an agency to approve a project, even if the project will cause significant environmental harm, if the agency discloses the harm and makes required findings.”
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