Features

Developer Patrick Kennedy will ask Berkeley’s Zoning Adjustments Board for a blanket use permit Thursday to establish a 13,974-square-foot full-service upscale restaurant and bar at the former location of the Act 1&2 Theatre. 

No tenant has yet been named for the proposed Center Street project, which proposes to remain open from 6 a.m. to 1 a.m. Kennedy had earlier wanted the restaurant to stay open till 2 a.m. but decreased it by an hour after discussions with the Berkeley Police Department (BPD). 

The project proposal does not state clearly whether the establishment plans to serve alcohol independent of purchasing food. 

In the past, ZAB has approved alcohol permits only if alcohol is served with food.  

According to the Berkeley police, the restaurant should serve food throughout its operating hours so that the venue does not develop into a “de facto nightclub or bar rather than a full service restaurant.” 

In a letter to Jeanne Levine, the project planner, Doug Hambleton, Berkeley police chief, expressed concern about the project. 

“The applicant statement provides only a general description of the business that may occupy the space and does not provide any details of a proposed floor plan or space utilization,” he wrote. “There is also a mention of live entertainment and the possibility of serving ‘corporate gatherings, birthdays, and graduations’ without any details of how those events factor into the overall business plan, or where they will take place inside the establishment.” 

Hambleton also addressed noise and supervision issues.  

Located at 2130 Center St., the landmarked building formerly housed Ennor’s Restaurant in the 1920s. It is currently vacant and is going through interior renovations. 

Offices have been proposed for the second and third floors, while the full-service restaurant has been planned for the basement, ground floor and mezzanine level. The restaurant will also have sidewalk seating.  

According to a ZAB staff report, Kennedy prefers a single large, full-service restaurant as the building’s occupant, but is also open to having smaller food establishments, or food and retail at the same time. 

The project site is located close to the Downtown Berkeley BART station and UC Berkeley. 

Kennedy has also requested an administrative use permit for live entertainment at the venue, which would involve “live cultural performances to enhance the experience of users in the downtown Arts District.” 

The staff report states that noise levels would comply with the city’s noise ordinance. ZAB had not received any objections for the project from neighbors at the time the staff report was written.