Berkeley Things

Couldn't we use the Allston Way lot for housing? What Measure L says

A question that comes up often about the planned park on Allston Way is: couldn't we use this land for housing instead?

Here are the facts.

The lot is City-owned open space

The City of Berkeley has owned the site since 1928. It was the North Lawn Bowling Green from 1929 until lawn bowling there fell out of use in the 1980s and 1990s, and it's been a vacant lot since. A 2014 environmental report found the soil contaminated with elevated levels of pesticides and metals.

According to the City's project page, Measure L, which Berkeley voters passed in 1986, protects the City's open space, "which included the original North Lawn Bowling Green."

Measure L requires a citywide vote

Measure L is codified as Chapter 6.42 of the Berkeley Municipal Code, "Public Parks and Open Space Preservation." The core rule is in 6.42.010:

That no public parks (hereinafter defined) or public open space (hereinafter defined) owned or controlled or leased by the City or agency thereof, shall be used for any other purpose than public parks and open space, without the Berkeley City Council first having submitted such use to the citizens for approval by a majority of registered Berkeley voters voting at the next general election

So to build housing on this lot, the City Council would have to put it on the ballot, and a majority of Berkeley voters would have to approve it at a general election.

It covers vacant City land, not just parks

The definition of open space in 6.42.030 is broad:

"Public open space" shall be defined as all City of Berkeley parks, public school playgrounds, and vacant public land, whether dedicated formally to park use or being used de facto as open space with recreation use or potential use on or after January 1, 1985.

So the lot doesn't have to become a park first for Measure L to apply. It's vacant public land, and the City itself counts it as covered.

6.42.020 also says the City has to keep land like this available for recreation:

That all undedicated or unimproved open space owned or controlled by the City of Berkeley (including land held by the City in trust) shall be retained and funded by the Berkeley City Council to enable public recreational use of those lands.

The one exception is temporary

6.42.010 allows other uses without a vote only in a declared emergency:

except that such voter approval is not required for temporary use of public parks or public open space for other purposes, if a state of emergency has been declared by the Governor of the State of California under the California Emergency Services Act, Government Code Sections 8550 et. seq or by the President of the United States of America under equivalent federal law and the City Council determines that such alternative use is necessary to protect public safety within the City. Said alternative use shall be temporary and of a reasonable duration in light of the nature of the emergency and in no event shall exceed one year without voter approval.

That can't be used for permanent housing.

Bottom line

Housing on the Allston Way lot would require a citywide vote. The City's current plan is a park, and the survey on what goes in it is open through tonight, Sunday, November 1.

SB 79

It's worth noting that SB 79, the state law allowing denser housing near transit, applies to this lot. It took effect July 1, 2026. The lot's nearest edge is about 0.47 miles from the closest North Berkeley BART entrance, inside the half-mile zone, and the City's SB 79 maps count the parcel as eligible.

Rough numbers for what SB 79 would allow on this lot, compared with current R-2 zoning:

SB 79 changes what the zoning allows, but it doesn't override Measure L. The City owns the lot and it's protected open space, so housing here would still take a citywide vote.