As we have compiled the history of the new Downtown Area Plan (DAP) we found disturbing questions pertaining to the height of the buildings now allowed in that Plan.
Measure R as approved by the voters on November 2, 2010 specifically approved the height of 7 new buildings:
- In the Core Area (approximately 1 block around the Downtown BART Station):
- A Maximum of 2 residential buildings (with commercial ground floor) that are no taller than 180 feet and
- A maximum of 1 hotel (with conference and related commercial) that is no taller than 180 feet.
- In the Core Area and/or Outer Core Only:
- A Maximum of 2 office or residential buildings (with commercial ground floor) up to 120 feet (non-UC) and
- A maximum of 2 UC buildings up to 120 feet.
Note: The height and area were approved in certain locations, but not as to specific sites for such buildings.
The 2010 Measure R Ballot Question on which the voter is supposed to cast a vote that is either “Yes” or “No,” reads as follows:
Shall the City of Berkeley adopt policies to revitalize the downtown and help make Berkeley one of the greenest cities in the United States by meeting our climate action goals; concentrating housing, jobs and cultural destinations near transit, shops and amenities; preserving historic resources; enhancing open space; promoting green buildings; and calling for 2 residential buildings and 1 hotel no taller than our existing 180 foot buildings and 2 smaller office buildings up to 120 feet? (Emphasis added.)
The City Attorney’s Analysis also mentions building height as follows:
2 residential buildings in the Core, with commercial on the ground floor, no taller than existing 180-foot buildings. (Emphasis added.)
Read the full text of the City Attorney’s Impartial Analysis here: http://www.ci.berkeley.ca.us/uploadedFiles/Clerk/Elections/DAP%20Measure%20CA%20Analysis%20for%20WEB.pdf
Note: BNC admits to not knowing a single person that is inclined to check on the height of buildings in the face of City claims that existing tall buildings are 180 feet.
In the Voters’ Handbook, the following statement appears in the 5th paragraph of the Argument in Favor of approving the 2010 Measure R:
Measure R restricts building heights and protects neighborhoods from over-development and commuter traffic.
The new Plan allows two residential buildings and one hotel no higher than the Wells Fargo and Great Western Buildings. (Note: BNC did not add the emphasis of the bold-type face in the first sentence. This is how that sentence appears in the handbook. However, BNC did add the underlining emphasis in the second sentence.)
This statement is supported by the League of Women Voters and signed by such luminaries as State Senator Hancock, Retired City Manager Weldon Rucker and Professor Robert Reich, former U.S. Secretary of Labor.
Further, the argument written by supporters of Measure R as a Rebuttal to the Argument submitted by those opposed to Measure R states in its 3rd paragraph:
Despite what opponents claim, no building could be taller than what we have now. The plan does not permit anything higher. (See the note above regarding emphasis. The same applies to this statement.)
Per the notation on the original argument in City files this statement was written by Council Member Wengraf. It appears in the Voters’ Handbook signed by Harrison Fraker, Former Dean of the UC Berkeley School of Environmental Design and Assemblywoman Nancy Skinner among others.
This is plain language attested to by people voters are likely to trust. Is there any reason whatsoever for the voter to question that these new buildings would not be any higher than the Wells Fargo Building and the Great Western Building? The answer to that question is “No.” Unfortunately, while voters were thinking that these new buildings wouldn’t be any higher than Berkeley’s existing two tallest buildings, the City didn’t mention that HOW they measured buildings would allow the new buildings to be higher.
On that web site, Emporis.com, the Great Western Building at 2150 Shattuck is 158 ft to the main roof, and the total height is estimated to be 167 ft. http://www.emporis.com/buildings/130230/2150-shattuck-avenue-berkeley-ca-usa
And, the Wells Fargo Building at 2140 Shattuck is 148 ft to the main roof and 162 ft to highest point. http://www.emporis.com/buildings/130229/wells-fargo-building-berkeley-ca-usa
On June 14, 2015, Mr. Taecker told the Landmarks Preservation Commission that the height of the Wells Fargo Building was 174 feet and 179 feet for the Great Western Building.
What number is the right one? No one seems to know, and the City doesn’t seem to want to find out. This is unsettling to say the least, isn’t the public entitled to an answer? Citizens have been asking that this height question be settled. They have suggested using such mechanisms as story poles, or balloons, or anything else that the City might find to be appropriate so that people can see how high the proposed building at 2211 Harold Way will be in comparison to the Great Western and Wells Fargo Buildings. No response, except benign smiles, has been received.
That was nice, but it can’t take away from the fact that height is a critical issue. It’s part of every new project and the height allowed is stated in the Zoning Ordinance so there is a common understanding of what to expect in the various zoning districts. BNC believes that maximum permitted heights should be expressed in terms of actual total heights, not stated as maximum permitted heights when what is really meant is something that could be considerably higher.
Our readers will recall that in one of our earliest issues (see BNC eNEWS Issue 2, September 2013 regarding The Archstone Building at the northwest corner of Third and Addison, near Aquatic Park) in which we wondered how buildings allowed by the Zoning Ordinance and supposedly of a certain height turned out to be actually quite a bit higher. We vowed to find out why that happened. Now we know:
The City measures height to the ledge of the building and that measurement does not include parapets, mechanical penthouses, appurtenances and decorative features in the stated height of a proposed building.
So when voters are asked to approve buildings that are no higher than a certain number, or when heights are mentioned in City codes as being allowed in any zone, or when a building seeking permits is described to the public, it doesn’t mean that the stated height will be the height of the building that is constructed.
In the case of 2211 Harold Way, the stated height of 180 feet doesn’t mean 180 feet, it means 194 feet. Further, that when voters approved 3 buildings that would be no higher than existing buildings and that the tallest of the existing buildings turns out to be no higher than say 167 feet (if that is the correct total height of the Great Western Building), then it seems only correct that the total height of any new buildings should be 167 feet (not 27 feet higher), or whatever the actual total height of the tallest existing building would be. That’s true of the hotel as well, but we don’t yet know what that exact height will be.
BNC thinks the City should clarify this issue immediately in reference to the 2211 Harold Way project and the proposed hotel for both residents and developers. Further, we would like to see the City adopt a policy whereby the total height of a project is required to be stated, not the measurement to the level of the edge of a building. And, we would also like to hear from our readers what you think about this issue.
Beyond getting straight answers about the height of a proposed project, height can have a huge impact on nearby buildings. Berkeley Architectural Heritage Association has sent out a “development” alert to its members and the public concerned about the impact of the proposed building at 2211 Harold Way, on the long-ago Landmarked Hotel Shattuck, not only when viewed from the front of the Hotel but also from its northern side where the entrance to the Hotel is located. The proposed building will be roughly more than three times the height of the Hotel. We’ve attached their alert to this Part for your information. Keep in mind that this proposed building is also directly across the street from the landmarked Berkeley Main Library on the Kittredge Street side. Can you imagine what the impact of a 194 foot high modern building will be on the elegance of the Berkeley Main Library? Think about it.