We the undersigned call on the Berkeley Mayor and City Council to FOLLOW THE LAW AND DUE PROCESS and not let a developer tear down the magnificent United Artists theater in downtown Berkeley, a paragon of Art Deco architecture built by Hollywood icons Mary Pickford and Charlie Chaplin. The palatial four-story theater is a "historical resource" under state law -- as well as a local landmark and National Register-eligible -- meaning city leaders must not let a developer demolish it without extensive review. 

Operating from 1932 until February 2023, the UA Berkeley is one of the finest Art Deco theaters in the Bay Area and likely the only one of its kind in the state that is capable of being restored. It was built as an opulent vaudeville theater with a stage, dressing rooms, a green room, and an orchestra pit. When it opened to enthusiastic crowds, a local newspaper called it the “the greatest theatrical event in the history of Berkeley.” 

The UA, despite being a multiplex for many years, is still resplendent with irreplaceable architectural and decorative features throughout. Adding to the theater’s value is the fact that elements of the original auditorium are retained behind the multiplex's false walls. 

The question before the Mayor and City Council is not whether to build housing on the UA site. The question is whether the law and due process were followed by the staff and zoning board leading to the approval of the development project. The answer is a resounding no. 

There’s no escaping this fundamental fact: the UA is on the California Register of Historical Resources. This is why it has protections under the California Environmental Quality Act (CEQA) and the city cannot let a developer rush to tear it down without extensive review, as is the current plan. 

The Mayor and City Council must examine -- and act to rectify -- the legally dubious and secretive planning process that led to the project's approval. After months of keeping the public in the dark, in October city staff handed the developer a full end-run around CEQA --despite two peer-review reports from experts that show the ENTIRE theater is a historical resource under the law and should be shielded from swift destruction. 

Not only were these crucial reports not made public until after the fateful exemption was granted; they were not even given to the zoning board, nor were they referenced in the 128-page staff report meant to educate board members prior to voting. Usually the zoning board considers whether a project is eligible for a CEQA exemption; this time, the city staff granted it preemptively and told the zoning board it had no choice but to approve the project. 

The CEQA review process, which the city initially outlined for the project in January 2024, would allow for more public education and input on the project as well as analysis of ways to mitigate the impact on the "historical resource," or theater. City staff robbed the theater -- and the public -- of this process when it granted the CEQA exemption. 

This all turns what should be a public deliberation process into a sham. 

In the big picture, the citizens of Berkeley and the surrounding region are alarmed to see complacent city leaders give up control over planning of the downtown, which is now a wasteland of shuttered or leveled cinemas. City leaders should remember that the Downtown Area Plan is still in effect and calls for the support and retention of downtown movie theaters.

They should also remember that developers have a record of demolishing buildings only to abandon their plans for one reason or another. The defunct development project that leveled the beloved Shattuck Cinemas, leaving a city block looking like a war zone, is a cautionary example. They should also dismiss the developer's bad-faith gripes about structural issues with the building. Such concerns are minor, easily surmountable and most importantly: they are not of concern to the council in considering this appeal. 

Some say letting the UA live on for future generations is too costly. But the truth is, it would be far too expensive to build a theater of this size, quality, and incomparable detail today. Keeping this wonderful building — and all the history it embodies — is a bargain.

The UA Berkeley could be restored as a glorious live performance venue on par with the Paramount in Oakland that economically invigorates the downtown. It could continue as a movie house or something in between. The possibilities are many, but not if this historic landmark is DESTROYED! 

Housing is undoubtedly of vital importance, but it does not have to come at the cost of a landmark theater with so much promise for renewal in the heart of the downtown. Cities benefit from an environment rich in cultural and artistic offerings—as well as irreplaceable historic architecture that connects the future with the past.

Mayor and City Council, the fate the UA rests in your hands. Please DO THE RIGHT THING. Don't cower to legal threats from a developer that does not have the law on its side. Follow the law and due process and stop the developer from rushing to destroy this invaluable landmark building. 

Respectfully,

SAVE THE UA BERKELEY 

Photo credit: Margaret Herrick Library