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December 2003 Update
Following the failure of the City Council to listen to neighborhood concerns, the Islamic Cultural Center of Northern California in Dec 2003 filed a lawsuit based on its appeal.
Background and other pre-Sept 3rd info
November 8, 2003 Update
On September 3, the City of Oakland’s Planning Commission approved an ill-conceived design for 160-14th Street. This decision is now being appealed to the City Council and currently appears on the Nov 18 agenda. (It appears to be item number 4 for the meeting starting at 7:00pm)
What are some of the problems with the planned project? You can read more background here, and download a letter by an environmental lawyer (now the Islamic Cultural Center’s lawyer for the appeal) regarding the planned project and one by an expert in historic urban built environments.
The proposed, eight-story, scheme for 14th & Madison is too tall, too massive, and too ugly. This uninspired, boxy proposal--a monotonous series of rectangles to be constructed with cheap-looking materials--is completely out of character and out of proportion with the neighboring structures.
To make matters worse, the design calls for no setbacks on three sides of the building. This means there would be no space between the new building and the existing structures at 1410 Jackson Street, a complex of historic, renovated buildings which now houses EOA, an engineering consulting firm. Dr. Eisenberg, President and Principal Engineer of EOA, with over 20 years of civil engineering experience, stated in his June 16 letter to the Planning Department that “the proposed building may not be feasible to build because one wall is so close to our property line that construction may damage or otherwise impact our building, ... We have seen no construction details or information regarding how they will mitigate impacts to our building.” Dr. Eisenberg's very serious concerns were never even mentioned by the Planning Commissioners before they voted to approve this ill-considered design, and the developer has never bothered to talk seriously with him.
The Planning Department's own Zoning Ordinance standards call for at least a 15-foot setback between the rear of the new building and the existing buildings to the west (1410 Jackson and 190-14th St.), and a minimum 5-foot setback in front facing Madison Street. This would allow for landscaping between the new and existing buildings, and improve safety for pedestrians and existing structures. Any new building should also provide a respectful setting for showing off the Madison Street Temple next door (home of the Islamic Cultural Center) and the other historic buildings on the block, and not be a danger to them.
In order to garner support for this mediocre offering, the developer’s team has made many promises to the people, artists, and social services groups of Oakland. It will be very easy later to scale back these high-minded pledges, but if this design is built, we will not be able to scale back the building itself. In order for the developer to fund all of the arts and social programs promised, many things have to work out just right, including acquiring a lot of public money. Will the developer be applying for State and Federal funding? The developer’s team has been elusive on this important question. We would like them to be much more forthcoming. There is concern that the developer’s team may have promised more than is possible, similar to an airline double-booking seats. What does each group think it’s getting, and will they all fit? Let’s see cards on the table, and a more transparent process. A good project doesn’t need to hide from the public.
We would welcome good, new buildings on the empty lots of central Oakland. The concern is the City of Oakland is far too quickly rushing through approval of projects and not paying adequate attention to the safety of existing neighboring structures, or considering sound design and urban planning principles appropriate to historic districts. Those of us who are opposed to the current proposal have raised a number of legitimate and thoughtful objections to it that have not yet been addressed.
Developers from Berkeley are in no position to lecture the people of Oakland on how to forge diverse communities. Our neighborhood is refreshingly multiethnic and economically mixed, with a number of buildings, new and old, providing housing and services for the elderly, the disabled, and others on limited incomes. To date, cooperation by the developer’s team with the community has been woefully inadequate. (You might remember the July 31 “community meeting”.) The developer should negotiate in good faith with Dr. Eisenberg of EOA, 1410 Jackson, the leadership of the Islamic Cultural Center, 1433 Madison, and with the concerned neighbors of the Lakeside district.
If you live in Oakland, you can encourage this process by writing to your City Councilmember to express your support for the appeal, negotiations, and your opposition to the current, hastily approved design. The appeal will come before the City Council on Tuesday, November 18; please write before then, and please send a copy of your letter to Mayor Jerry Brown. Addresses are listed below.
As of November, our District 2 Councilmember, Vice-Mayor Nancy Nadel, has arranged for mediation between the developer, adjacent property owners, the Islamic Cultural Center, and the Lakeside Apartments Neighborhood Association. The mediation process is non-binding--please write your City Council person in support of the appeal before November 18.
Email the Lakeside Apartments Neighborhood Association at oaklandlana@yahoo.com for updates as they unfold.
Write or email:
City Councilmember [your representative]
1 Frank Ogawa Plaza
Oakland CA 94612
Councilmember Jane Brunner, 238-7001, jbrunner@oaklandnet.com
Councilmember Danny Wan, 238-7002, dwan@oaklandnet.com
Councilmember Nancy Nadel, 238-7003, nnadel@oaklandnet.com
Councilmember Jean Quan, 238-7004, jquan@oaklandnet.com
Councilmember Ignacio De La Fuente, 238-7005, idelafuente@oaklandnet.com
Councilmember Desley Brooks, 238-7006, dbrooks@oaklandnet.com
Councilmember Larry Reid, 238-7007, lreid@oaklandnet.com
At-Large Councilmember Henry Chang, Jr., 238-7008, hchang@oaklandnet.com
Mayor Jerry Brown, 238-3141, officeofthemayor@oaklandnet.com
Background and other pre-Sept 3rd info
Right now a construction project is planned for the corner of Madison and 14th Street, an eight-story residential/commercial building on the current location of the parking lot next to the Madison Street Temple (Islamic Cultural Center of Northern California).
The planned construction would take away the parking lot. In addition, the new 8-story concrete building won't have enough parking spaces for its residents. The applicant is asking the city for a variance from the number of parking spaces it has to provide.
Because the planned construction, marked as affordable housing, will receive city, state, and federal funds*, the developers (a limited partnership spun off from Affordable Housing Associates, or AHA) are required to listen to community feedback. You can influence what this project will look like. (See below for what you can do.)
*This is what the developers told us at the July 31, 2003 community meeting.
You might share the following concerns about the proposed project’s anticipated adverse affects on our neighborhood pedestrian and traffic safety, infrastructure, and quality of life.
Safety Risks from Proposed Narrowing of Madison at 14th
Safety Risks to Pedestrians from Lack of Setback Appropriate to Neighborhood
Project Reduces Neighborhood Parking
Other Deficiencies of AHA’s Historic Impact Study
Cultural Resource (Section 106) Review Compliance Issue
Community Does Not Feel AHA is Meeting Outreach Requirements in Good Faith
Safety Risks from AHA’s Proposed Narrowing of Madison at 14th
AHA’s ground floor plan dated July 31, 2003, indicates that AHA proposes to extend the sidewalk along Madison Street into the road. Madison Street carries too high a volume of traffic for AHA to narrow it without increasing traffic problems and the danger of accidents as a result. This is especially true for the high-volume intersection of Madison and 14th Street.
Safety Risks from Lack of Setback Appropriate to Neighborhood
According to AHA’s ground floor plan dated July 31, 2003, the proposed building (at 160 14th Street) will extend to the property line on the east and south sides and have a parking garage entry set flush with the eastern façade (on Madison St). This leaves no setback whatsoever with the sidewalk, and introduces a serious danger to pedestrians. In the neighborhood, the only buildings extending to the sidewalk are historic buildings that do not include parking. The only buildings with enclosed parking structures on Madison St. have the parking entrance set back at least 15 feet from the sidewalk and 28 feet from the road. Keeping consistent with this setback is essential for pedestrian safety in the neighborhood.
At the July 31 Community Meeting AHA said they plan to have a bright blinking light and loud alarm to let pedestrians know vehicles are exiting the parking structure. The community members in attendance immediately responded very vocally that this alarm system would be a very intrusive nuisance. Further, it is not clear that this alarm system would resolve the pedestrian safety issue.
The pedestrian safety issue is doubly urgent considering that a child care center’s playground is the next lot to the south of the proposed project, and the Islamic Center’s classrooms and playground are on the adjacent lot to the north.
Another concern related to the proposed 100% front setback variance is the attendant plan to remove the two old-growth trees currently shading the public sidewalk.
Modern buildings in the neighborhood that have parking garages have broad setbacks from the sidewalk for pedestrian and traffic safety. Below are pictures from buildings in the block north of the planned project.
Note also the For Rent sign in the above photo.
Our numerous historic buildings which lack parking, especially those in the immediate vicinity of the planned construction, are set back and have landscaping between the building and the sidewalk. The photo below shows the buiding immediately north of the Madison Street Temple.
The proposed project would be constructed on the former site of a gas station. We are concerned about the safety and health of community members, especially as case file documents do not conclusively substantiate removal of the underground storage tanks.
In addition, we are concerned that the property at 160 14th Street does not meet the conditions required under AB 436 to allow a focused EIR in this central business target area.
No Master Environmental Impact Report was completed for the Central City Redevelopment District (Central District Urban Renewal Plan, Adopted 6/12/1969, as amended up to 7/24/2001) Since this is the case, Oakland's interpretation of CEQA AB436 cannot be applied with regard to 160 14th Street. The waiver of site specific EIRs does apply to multiuse structures with fewer than 100 residential units, but only when the district-wide EIR has been completed within each redevelopment area.
We therefore request that to comply with AB 436 a Master Environment Impact Report be conducted for the Lakeside Apartments Historic District.
Project Reduces Neighborhood Parking
During the July 31 Community Meeting many neighborhood residents expressed their concerns at losing parking spaces as a result of this project when parking is already scarce. The proposed 35% variance with residential parking requirements and a proposed 100% variance with commercial parking requirements for retail space raises concerns that the proposed design will have negative impacts on our quality of life.
With the multitude of new high-density construction in the downtown historic district approved or slated for review by the Planning Commission as part of the City’s 10K Initiative, the downtown district will be faced with a cumulative shortage of parking if such residential and commercial parking requirement variances are granted for new construction projects.
AHA’s proposal to construct new commercial space when numerous existing retail spaces in downtown historic and modern buildings stand empty and existing vendors struggle to survive raises concerns about economic feasibility of the project.
Since most if not all apartment buildings in the neighborhood are actively trying to attract tenants with For Rent signs in the windows, it seems prudent to explore methods for achieving affordable housing that do not require new construction.
In addition, AHA states their proposed project would provide Section 8 housing, but as this is already available in the neighborhood, AHA’s project could further contribute to neighborhood apartments being short on tenants
Below are picutres of just a few of the apartment buildings within a block of the planned construction that are already actively trying to recruit tenants.
Out of Scale and Out of Character Building Will Unnecessarily Diminish Landmark Temple
AHA’s proposes their construction project to reach a full height of 96 feet, thereby dwarfing the Madison Street Temple (ICCNC). The Temple is a 1908-1909 Mission Revival building that is singled out for its uniqueness in Oakland and California. It is a Designated Historic Property with an Oakland Cultural Heritage Survey rating of “A”, as a “property of exceptional historical or architectural value which are clearly eligible individually for the National Register of Historic Places.” The Madison Street Temple is a primary contributor to the City's historic Lakeside Apartments District. The view of the Temple’s southern façade has been preserved for its ninety-five year history, and is the view included on the paperwork for the building's landmark status.
The proposed project should, at the very least, be set further back from the eastern (Madison Street) property line to preserve the view of the landmark Temple.
Other Deficiencies of AHA’s Historic Impact Study
We are concerned that the current design of the proposed construction will have a demonstrable negative aesthetic effect on the neighborhood and especially the historic Lakeside Apartment District.
AHA’s Final Historic Impact Study (dated August 8,2003) not only is filled with factual errors but also lacks any evaluation of the impacts of the proposed project on the Lakeside Apartment District. The City’s Oakland Cultural Heritage Survey summarizes the historic significance of this district:
The Lakeside Apartment District is one of Oakland’s best concentrations of medium scale early 20th century apartments and institutional buildings and reflects important aspects of Oakland’s rapid development between the 1906 earthquake and the 1930s Depression, when it grew from a 19th century city to a sophisticated urban center. (OCHS Lakeside Apartment District form, 1985, p.2)
The Lakeside Apartments Neighborhood Association is concerned that the City has not forwarded Case File Number CMD03-230 to the City Landmarks Preservation Advisory Board for review.
Cultural Resource (Section 106) Review Compliance Issue
It is not clear that AHA isn’t required by federal law to complete a Section 106 review due to the nature of their funding. The Section 106 review would require assessment of historical and archaeological resources in the project area. We note that the 1889 Sanborn map shows the property at 160 14th Street was part of the houselot for Mayor Samuel Merritt’s mansion.
The 1912 Sanborn map shows that subsequently the two parcels now referenced as 160 14th Street were the site of two two-story residences: the corner lot owned by lumberer Henry M. Wilson and the adjacent lot owned by Dr. Samuel Merritt’s sister and heiress (and therefore, according to an 1891 Oakland Enquirer article, one of the richest woman in California).
These historical facts and their potential significance of remaining subsurface cultural resources to Oakland’s heritage raise questions that require consideration.
Community Does Not Feel AHA is Meeting Outreach Requirements in Good Faith
Follow the Design Review Planning Commission’s June 25, 2003, requirement, AHA on July 31, convened a Community Meeting. Nearly 100 community members attended this meeting. The majority of attendees voiced opposition to the project as a whole or expressed serious concern about the current design of the proposed project. Only a few of the community members in attendance were allowed time to speak before the meeting was closed.
At the outset of the meeting, community members asked about the agenda for the meeting. City Council Member Nancy Nadel’s moderator for the meeting, Joel Tena, replied that it had been set, but no copies made for distribution to the public, and he instead read us an agenda that reserved the first hour for AHA presentations and the second hour for questions from the community. The AHA presentations ran past the first hour, and subsequently only a small fraction of community members who wanted to ask questions were allowed to. Since the meeting could not run overtime, Joel Tena assured the crowd that there would be another community meeting at which the remaining questions could be addressed. There have so far—as of August 23 (and now as of November!)—been no further communications from AHA about a follow-up community meeting.
The developer did not successfully address community concerns at the July 31, 2003 Community Meeting. The record of that meeting submitted by AHA to the public Case File is not an accurate summary of the discussion and concerns raised or the expressed opposition to the proposed construction.
The community has further concerns about AHA’s meeting outreach requirements in good faith. For example, during the meeting AHA assured the community that an arborist on-site would monitor the 100-year-old trees during construction. Yet the plans AHA submitted to the Planning Department, which were also dated July 31 but not distributed at the evening community meeting, specified "existing trees removed." Publicly misrepresenting facts makes it serious questionable whether AHA’s is fulfilling in good faith its charge to conduct "Community Meetings" and "Community Outreach", such as those detailed in the City of Oakland’s Notice of Funding Availability for Rental and Ownership Housing.
Do you have concerns about how this project will affect the neighborhood?
What you can do (This was pre-Sept 3rd info--see Nov 18 info)
The City Planning Commission will hold a hearing about the proposed project on September 3, 2003. You can express your concerns at that meeting or you can call or send your comments before the meeting directly to the City Planner assigned to this project, Neil Gray:
Neil Gray
250 Frank Ogawa Plaza, 2nd Floor
Oakland, CA 94612
(510) 238-3878
ngray@oaklandnet.com
The Case Number for this proposed construction project is CMDV03-230. To have the City count your concerns or comments part of the public record (and therefore actually considered) you must express them at the Sept 3 meeting or in writing before the meeting. (Email comments are not necessarily included in public record.)
Go here for the Agenda for the City's Sept 3 meeting and other information on how to comment. The City's evaluation of the project ("Staff Report") is out now (August 27).
Neil Gray has provided pdf files of architect's renderings of the building and a shadow study of its effects on the Madison Street temple.
Here is a flyer listing some concerns community members have about the planned construction.