Amid allegations of impropriety, Berkeley's zoning board approved the destruction of the UA on Dec. 12; an appeal is being considered. 

Dear supporters of the UA Berkeley --

We're reaching out with an update on what happened with the ZAB vote last week. 

But first, here's some nice TV coverage that aired the day before the hearing: https://www.youtube.com/watch?v=qS4VUQ5p75U 

On Thursday night (Dec. 12) the Zoning Adjustments Board (ZAB) of Berkeley gave final approval to the housing project that calls for the destruction of the art deco United Artists Theater on Shattuck Ave. (except for part of the facade and *possibly* part of the lobby). We are considering an appeal to the City Council. 

The unanimous vote of approval was expected, especially since the city granted the project a categorical exemption to CEQA under AB 1633. The state housing fast-track laws, in combination with a very pro (market rate) housing and pro-developer sentiment among city leaders, have made saving the UA a seriously uphill battle. 

NEVERTHELESS, THE ZAB APPROVAL REEKS OF INJUSTICE AND IMPROPRIETY AND WE ARE NOT GIVING UP THE FIGHT. 

While we are not lawyers, it seems that both the categorical exemption to CEQA (that was granted by staff in Oct. after months of secretive deliberations) and the subsequent ZAB approval of the housing project are on shaky ground legally. This is can be boiled down to two things: 1) the theater is on the California Register of Historical Resources and this still matters under the law; and 2) the city sought -- then suppressed -- two peer review evaluations by architectural historians that disagreed on several points with the developer-bought Historic Resource Evaluation and, overall, supported the theater being a "historic resource" under CEQA. 

Not only were these reports kept quiet for months and not made public until AFTER the exemption was granted, the city didn't even include the reports in the agenda packet to the ZAB board for the Thursday meeting. So, here we have a public board voting on a major housing project that's going to destroy a landmark theater and the board isn't even being given all the information that staff had in hand!!!

Rose Ellis made copies of the two reports and passed them out to ZAB members as the meeting was getting underway. It quickly became clear that they had NEVER seen these reports before; they were only able to give them cursory glances as the meeting proceeded.

Members of our group implored them not to vote without giving these reports full consideration. But they went ahead and approved the project anyway.

Many thanks to those who came to the meeting, in person and online. Many of you made passionate comments in favor of preserving the splendid UA for future generations and others got into the legal weeds and raised serious doubts about whether the law was being followed. Your continued support is appreciated and necessary if we are to prevail! 

We are considering filing an appeal to the City Council -- there are some technical questions that we won't bore you with that we have to sort out. We will give an update when a decision has been reached, which might not be until after the New Year. 

Thanks and happy holidays!
Save the UA Berkeley