Council affirms permit for 18‑story California Theater redevelopment with added environmental conditions

Berkeley City Council affirmed the Zoning Adjustments Board’s approval of a use permit for a proposed 18‑story, 211‑unit mixed‑use building at the historic California Theater site on Kittredge Street, rejecting an appeal that argued the project should not qualify for a CEQA infill exemption.

The decision, made after a nearly three‑hour public hearing, allows the developer to proceed subject to conditions of approval that the applicant agreed to modify on air‑quality controls and documentation of contaminated‑soil cleanup. Planning staff had concluded the project met the CEQA infill exemption criteria and that environmental and historic‑resource exceptions did not apply; the Landmarks Preservation Committee had approved a structural alteration permit preserving the theater’s front façade.

Appellants East Bay Residents for Responsible Development, supported by several construction‑trade representatives, argued the project could pose construction and operational air‑quality and soil‑contamination risks, and urged stronger, enforceable conditions — including a health‑risk assessment and Tier 4 final construction engines. The appellants also pressed the council to require project labor standards and community benefits. Developers and city staff said technical studies and standard conditions address the identified risks and that state housing law limited the council’s discretion on some local requirements.

Developer representatives said the project includes 22 very‑low‑income units, roughly 24,000 square feet of proposed live theater space and streetscape improvements; they described an extensive design and review process and committed to Tier 4‑final construction equipment and to working with the Regional Water Quality Control Board on contaminated‑soil documentation. Several community speakers opposed the project’s height or urged stronger local hiring and apprenticeship commitments; others, including housing advocates, urged council to approve the project to add housing near transit.

Mayor Aragon and a majority of council members said the record provided substantial evidence supporting the ZAB findings and that denying the appeal risked violating state housing law and exposing the city to litigation. The council accepted a motion to deny the appeal and approve the use permit, adding the applicant‑agreed changes to conditions and directing staff to finalize language with the applicant’s attorney.

Next steps: staff will work with the applicant and the city attorney to finalize the amended conditions and the developer will pursue building permits. The decision does not itself begin construction; additional permits and funding steps — including a separate process for building‑permit review and theater build‑out funding — remain.

Speakers quoted and sources: Planning staff (Sharon Gong), appellant representative Khalila Fetterman (East Bay Residents for Responsible Development), developer representative Mark Rhodes (Rhodes Planning Group) and developer Christian Soria (Gilbane Development).