An Alameda County Superior Court judge on Wednesday denied numerous challenges to the Environmental Impact Report prepared for 2211 Harold Way, meaning that construction of an 18-story, 302-unit building with 10,000-square feet of retail space and new movie theaters in Berkeley’s downtown can proceed – unless the decision is appealed.
In a 16-page ruling, Judge Frank Roesch denied the 15 claims Berkeley residents Kelly Hammargren and James Hendry had filed in January to stop the project. The two had filed separate challenges which were combined. Roesch conducted a four-hour court hearing on the challenges on Aug. 26.
In December, the city council approved the complex, which will be the largest construction project built since Berkeley adopted the Downtown Area Plan in 2012. Under the plan, density downtown was increased and Berkeley sanctioned the construction of seven towers ranging from 120 to 180 feet high. In exchange, developers were required to provide extraordinary community benefits.
City officials ordered the developer of 2211 Harold Way, HRS Berkeley Investments, to make a $10.5 million payment into the Housing Trust Fund, with another $1 million going into an arts fund. Habitot Children’s Museum, which will be displaced because of the project, will receive $250,000 of that money. The developer has also agreed to use union labor and to rebuild the Shattuck Theatres. Berkeley applied a $6 million credit for the labor agreement and a $5.5 million credit for the theater. The developer will also have to pay into a streets fund and a childcare fund.
The first $2 million of that payment will be made when HSR Berkeley Investments obtains its building permit. Half will go into the housing fund then, and the other half to the arts fund. The developer will have to pay $3.5 million – or post a bond or otherwise guarantee payment – when it gets its occupancy permit.
‘The project team is pleased with the decision as it reinforces our perspective that the lawsuits were specious to begin with,” said Mark Rhoades of Rhoades Planning Group, which assisted Penner in the entitlement process. “The decision also reinforces the voters’ desires for the Downtown Plan as it is reflected in this project after more than 35 public meetings. The project team is currently in discussion on the next steps but the strength of the decision likely means that the project will move forward even IF there is an appeal.” … Continue reading »