Council approves permit allowing R&D in part of historic Fantasy Records building after debate over filmmakers' protections

The Berkeley City Council on July 30 voted to uphold an appeal and approve an Administrative Use Permit (AUP) allowing approximately 10,000 square feet at the Fantasy Records building (2610th Street) to convert from media production to research and development, a decision that followed hours of public testimony from filmmakers and debate over whether filmmaking spaces qualify as protected art and craft studio uses under the West Berkeley Area Plan.

Planning staffer Nilu Kaimzonegan summarized the question for the council: the appeal challenged a zoning officer pproval and a subsequent denial by the Zoning Adjustments Board. Staff reviewed ordinance definitions and the West Berkeley plan history and concluded that the building nd the contested spaces historically met the "media production" definition and were not protected art/craft studio uses as defined for protections (which apply only to standalone art/craft studios established before July 6, 1989).

Chris Barlow of Wareham Development, the property owner, showed photos and tenant maps and said the company lready manages a mix of large and small media tenants and nonprofits on the site. "As part of the AUP, absolutely no displacement of filmmakers," Barlow told the council, adding Wareham—xpected the ground floor space under request to attract R&D tenants and that there was no plan to convert upper‑floor offices to lab space.

Filmmakers and arts advocates pushed back, saying the Fantasy Building has been a cultural hub for decades. Documentary filmmaker Maureen Gosling, journalist Steven Most and longtime tenants described a community of editors, mixers, sound designers and directors that they said comprised an artistic cluster that deserves protection. Rick Alabaugh of the West Berkeley Arts & Industry Council argued filmmakers were intended to be protected under the original zoning protections and noted council and arts commission discussions in 2011 left filmmakers explicitly included.

Staff and some council members focused on legal definitions and the 1989 cutoff. Planning staff explained that the ordinance istinguishes scale and use: an art/craft studio is characterized by small‑scale manual or artisan production and standalone status as of July 6, 1989; media production and related commercial services were treated separately in the zoning code adopted to implement the West Berkeley plan.

Council action and outcome

After questions and an extended legal and policy discussion, a council member moved to uphold the appeal, reverse the ZAB decision and approve the Administrative Use Permit for the identified ground‑floor and second‑floor spaces. The motion carried; council members present voted in favor and the AUP was approved. Councilors emphasized that the vote was a land‑use determination, not a value judgment about the artistic merit of filmmaking or the importance of the arts community.

Impacts and next steps

Supporters of protecting filmmaking spaces flagged long‑term concerns about displacement and urged a broader city‑level strategy to preserve affordable creative workspaces. Planning staff noted that if protected nonindustrial uses were later designated differently, permit pathways exist for existing nonprofit or art studio tenants. Wareham said it has had success placing R&D tenants in West Berkeley and intends to pursue such occupants for the ground floor space in question; Wareham denied intentions to displace current filmmakers on the upper floors and said it has offered flexible leases.

The council ecision resolves the immediate permit request but leaves unresolved broader debates about preserving creative spaces amid development pressures and rising rents.