Will the Planning Commission Do the Right Thing?

Perhaps you are aware of the proposed construction at 160 14th Street in Oakland. It was discussed in the September 2nd Oakland Tribune article, "Project near Lake Merritt draws fire" by staff writer Cecily Burt.

I am a member of the Lakeside Apartment Neighborhood Association (LANA) that opposes the proposed construction. For your information I am attaching a copy of our August 25, 2003 letter to City Planner Neil Gray. The complete letter, with attachments and petition opposing the construction, is in Attachment E of the Staff Report (Case File CMDV03-230) and available in hard copy from the Planning Office, Suite 3300, 3rd Floor, 250 Frank H. Ogawa Plaza. Our concerns and issues continue after reviewing the Staff Report that became available in print form at close of business August 28 and on-line some time afterward. This agenda item (No. 7) is scheduled for Final Decision tomorrow at the Sept 3rd Planning Commission Meeting, 6:30 Hearing Room 1, City Hall, One Frank H. Ogawa Plaza.

Cynthia Shartzer Lakeside Apartment Neighborhood Association www.oaklandlana.org

August 25, 2003

Mr. Neil Gray Planner, Community & Economic Development Oakland City Planning & Zoning Department 250 Frank Ogawa Plaza

RE: Community concerns about proposed construction at 160 14th Street, Oakland, CA (Case File Number CMDV03-230) and request for EIR and NEPA review including Section 106 review

Dear Mr. Gray:

As you are aware, the Lakeside Apartment Neighborhood Association in Downtown Oakland has taken a keen interest in AHA‚s proposed construction project at 160 14th Street, adjacent to the historic Madison Street Temple. We are residents who live, eat, walk, shop, and park in the district and oppose the construction, as proposed.

We are concerned that the current design of the project will have adverse effect on neighborhood safety, infrastructure, and quality of life. We are also concerned that the proposed construction, slated to be adjacent to the Madison Street Temple (Islamic Cultural Center of Northern California), will have adverse impacts both on this 95-year-old landmark unique in California and the historic Lakeside Apartment District to which it is a "primary contributor."

We submit this letter for the September 3, 2003 Planning Commission Agenda Item No. 7 for Case File CMDV03-230.

We question why this agenda item is listed as "Final Decision" despite ongoing community concern communicated repeatedly in public presentations and supported by the attached signatures. We believe that it is premature to take this to Final Decision. The August 25, 2003 publication of the Agenda on the City‚s website does not provide sufficient notice to allow the public to submit material "at least ten days prior to the meeting" for inclusion as part of the Planning Commission‚s agenda packet. Our continuing concerns are explained below and listed here:

1. Safety Risks from Proposed Narrowing of Madison St at 14th 2. Safety Risks from Lack of Setback Appropriate to Neighborhood 3. Environmental Safety Issues 4. Parking 5. Economic Feasibility 6. Out of Scale and Out of Character Building Will Unnecessarily Diminish Landmark Temple 7. Other Deficiencies of AHA‚s Historic Impact Study 8. Section 106 Review Compliance Issue 9. Community Does Not Feel AHA is Meeting Outreach Requirements in Good Faith

The Lakeside Apartment Neighborhood Association continues to have the following concerns:

Safety Risks from AHA‚s Proposed Narrowing of Madison Street at 14th AHA‚s ground floor plan dated July 31, 2003 and September 3, 2003 (on file in Planning on August 20, 2003), indicate 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 and September 3, 2003 (on file in Planning on August 20, 2003), the proposed building 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 Street). 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 Street 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 light blinking and loud alarm sounding when 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. We do not agree that AHA‚s proposed mitigation is adequate.

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. Therefore, we request that an independent traffic study be conducted ("independent" defined as professional services not paid by the developer, e.g., this is the independence equivalent of health studies on the impact of smoking not to be funded by the tobacco industry, etc.).

Another concern related to the proposed 100% front setback variance is the attendant plan to remove the two old-growth trees that currently shade the public sidewalk. The proposed plan will create a less walkable neighborhood in the Lakeside district particularly at Madison Street and 14th Street.

Environmental Safety Issues 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.

The waiver of site specific EIRs applies to multiuse structures with fewer than 100 residential units, but only when the district-wide EIR has been completed within each redevelopment area. If 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) AB436 cannot be applied with regard to 160 14th Street. Therefore to comply with AB 436, we request that a Master Environmental Impact Report be conducted for the Lakeside Apartment Historic District.

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 34% variance with residential parking requirements (50 spaces for 76 residential units) and no commercial parking, because commercial space is less than 10,000sf, 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 residential parking requirement variances are granted for new construction projects.

AHA‚s August 18, 2003 parking study on file does not address this cumulative shortage of parking or the planned elimination of parking areas that the study states are available in the neighborhood. We request an independent parking study to address impact of the cumulative shortage of parking for the combined areas of the Lakeside Apartment Historic District and adjacent District 3.

Economic Feasibility 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 Apartment being short on 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 view of the Temple‚s southern façade has been preserved for its ninety-five year history, and is the view submitted on landmark forms. We note that AHA has not provided a scale elevation of this view on 14th street showing adjacent buildings (neither drawings dated July 31, 2003 or September 3, 2003 (on file in Planning on August 20, 2003), although provided for Madison Street. The perspective view (dated July 31, 2003 and September 3, 2003 (on file in Planning on August 20, 2003), is not to scale. Therefore it does not address the Design Review Committee‚s request. It does not enable an independent evaluation of the impact of the mass and scale of the proposed construction on the historic Madison Street Temple from 14th Street or on the historic district itself.

The proposed project should, at the very least, be set further back from the eastern 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) lacks any evaluation of the impacts of the proposed project on the Lakeside Apartment District. The 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 Apartment 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 Apartment Neighborhood Association is concerned that Case File Number CMDV03-230 has not been forwarded to the City Landmarks Preservation Advisory Board for review. On August 11, 2003, four neighborhood residents presented statements to the City of Oakland‚s Landmarks Preservation Advisory Board requesting their review of the proposed construction threatening one of the City‚s designated "A" properties and a "Primary contributor" to the historic Lakeside Apartment District. The text of LANA member Cynthia Shartzer‚s public presentation is attached for the Case File record. We provide these texts for the case file since they continue to reflect the views of the Lakeside Apartment Neighborhood Association, as confirmed by the member signatures on this letter.

Section 106 Review Compliance Issue Due to conflicting public statements at the July 31, 2003 Community Meeting it is ambiguous that AHA would not be required by federal law to complete a Section 106 review. 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 the 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 the July 31 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. Most of these concerns are reiterated in this letter.

At the outset of the meeting, community members asked about the agenda for the meeting. 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 been no further communications from AHA about a follow-up community meeting. Therefore, we believe that it is premature to take this to Final Decision.

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 discussion and concerns raised or the expressed opposition to the proposed construction.

As an example, we note AHA‚s minutes of the Community Meeting do not mention or address the commercial feasibility for their proposed retail space raised by a businessman in the community, specializing in buying and selling businesses. Given the number of empty retail spaces in the downtown historic neighborhood those of us living in the Lakeside Apartment Historic District prefer to encourage re-use of numerous existing empty retail space located in historic buildings on 14th Street. We support restorative development. We oppose the proposed construction of new retail on 14th Street unless that retail is single story and developed in conjunction with an underground parking garage. As proposed at the Community Meeting, such a subsurface garage could be capped by an urban park as with the City Center Garage or the Kaiser Center Roof garden to complement the Madison Street Temple and other historic buildings on the corner of 14th and Madison. This would contribute positively to the historic district.

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 seriously questionable whether AHA is fulfilling in good faith its charge to conduct "Community Meetings" and "Community Outreach". It is our understanding that compliance with Community Outreach requirements, such as those detailed in the City of Oakland‚s Notice of Funding Availability for Rental and Ownership Housing, are intended to be genuine and not simply lip service.

LANA member Cynthia Shartzer delivered a short presentation illustrated with enlarged photographs of the threatened 14th Street views of the Madison Street Temple during the July 31 meeting, and we submit the text of this presentation to the public Case File.

At the July 31 Community Meeting, neighborhood residents proposed two alternative locations for the proposed construction where the developer can transfer development rights obtained through its City-financed site acquisition loan of $1,498,000 (Affordable Housing Developments Underway in Oakland, downloaded 5/31/03). These alternative locations are located in District 2 at the parking lot on the northwest corner of 13th and Madison (next to the Peralta Apartment) or at 370 13th Street, the location of a derelict building. We ask for further consideration of these alternatives.

The proposed design would introduce incompatible visual, atmospheric, and audible elements in the Lakeside Apartment Historic District, that would diminish the integrity of the landmark Madison Street Temple and have adverse affects on its current use for cultural, religious, educational and social activities. The proposed design does not respect the setback or precedent established for Madison Street properties or the scale and architectural heritage of buildings in the neighborhood, and instead introduces concerns of as-yet unevaluated adverse impacts on our environment, safety, and quality of life. We ask for independent evaluation of and remedy for these impacts.

Thank you in advance for your consideration of our community concerns.

Respectfully,

Lakeside Apartment Neighborhood Association Website: www.oaklandlana.org Temporary website: home.earthlink.net/~oaklandlana.org

Lakeside Apartment Neighborhood Association Public Presentations

July 31, 2003 Community Meeting presentation

History is in our hands. That is why I oppose the proposed construction at 160 14th Street.

The City‚s website on historic properties states that Oakland is a city of neighborhoods and if preservation is to promote "economic vitality and quality of life" throughout the city, more than a few scattered superstar buildings must be protected and enhanced. That is why I am here tonight, to protect my neighborhood and the Madison Street Temple. But I am not alone.

Neighbors in the historic Downtown District have been meeting to discuss our opposition to the proposed development at 14th and Madison adjacent to the landmark Madison Street Temple.

The proposed development at 160 14th St. jeopardizes our quality of life by threatening to forever obstruct the view of the 95-year-old Madison Street Temple. This building is a "unique Mission Revival masterpiece" and for the past fifty years residents and visitors have enjoyed a view of its side elevation from 14th and neighboring streets.

According to the City‚s evaluation, the Madison Street Temple has primary historic importance. It has the highest importance in our neighborhood. The A1+ rating for the Madison Street Temple is the same rating as the City Hall and the Camron-Stanford House.

I live in the neighborhood and losing the view of this A1 historic building would affect the quality of my life and would be a loss for visitors and residents for generations to come. History is in our hands. Our visual connection with a beautiful, majestic building would be lost forever.

Just last year in December 2002 the Islamic Cultural Center of Northern California received an award from the Oakland Heritage Alliance for overseeing the restoration of the building and making good use of this important piece of Oakland architecture. The Partners in Preservation award recognizes "projects and people symbolic of Oakland‚s diversity, history, culture, and character and instill a sense of pride in our city."

If the City approves construction that will dwarf and shadow a historic building that has been lovingly restored it sends a message that DISCOURAGES civic pride.

If the City approves construction that will remove more than 50 parking spaces, provide NO parking for 35% of its residents and NO parking for 100% of its shoppers it sends a loud message that it doesn‚t care about those of us who live, eat, drive, and shop in downtown Oakland. I don‚t need to read a parking study to know that people shop at the malls when they can‚t find parking downtown.

Why would the City accept a 35% variance of the parking requirement? This proposed construction does not comply with the City‚s own zoning regulations.

I believe the location, size, and design of this proposed project will adversely affect the livability of the surrounding neighborhood and the on-going cultural, religious, social, and educational functions of the Islamic Cultural Center. For this proposed construction, there are alternative locations such as Madison and 13th next to the Peralta Apts. or 370 13th street where it would replace a boarded up and derelict building.

Last but not least I have a vision of 14th and Madison as an underground parking garage that could double or triple the existing 50+ parking spaces. A park would cover this garage. Examples we know of similar open space are the City Center Garage, the Kaiser Center garage and its beautiful roof garden where people sit and read, and the Oakland Museum where functional architecture combines with public gardens. And in my vision we would preserve the healthy old shade trees on the sidewalk.

An urban park for 160 14th Street would create a public space on a scale that complements the Madison Street Temple, THIS Library, and OUR historic neighborhood in general. It would contribute to the livability of THIS neighborhood, preserve our view of the Madison Street Temple AND provide parking.

August 11, 2003 presentation to the Oakland Landmarks Preservation Advisory Board

My name is Cynthia Shartzer; I am a member of an association of neighbors in the Historic Lakeside Apartment District. We respectfully request that the Landmarks Preservation Advisory Board review the proposed construction at 160 14th Street adjacent to the A1 historic Madison Street Temple for two reasons:

1) the proposed construction will obstruct our view of the 95-year old former Scottish Rites Temple. The Historic Resources Inventory states this building is "exceptional among the O‚Brian and Werner temples in its Mission Revival exterior." For the past fifty years residents and visitors have enjoyed a full view of its side elevation from 14th and neighboring streets. This building is in a highly visible location. It is unique in Oakland and unique in the entire State of California. As you know, it has the same historic designation as City Hall and Camron-Stanford House. The Islamic Cultural Center housed in the Temple is a Partner in Preservation. Their maintenance and ongoing use of this major public building ensures its survival.

2) The Temple is set back approximately 12 feet from the property line and the Sanborn map shows that at 160 14th Street parcel two 2-story residential buildings were set back 25-28 feet from the property line. These houses were demolished.

We want to preserve our visual connection with this beautiful, majestic building: it is a primary contributor to our neighborhood. In the US there HAVE been cases where planning permission was overruled based on the impact new construction would have on the VIEW of a historic building, not only a face-on view but the view of the building in the historic district.

The developer purchased this property with a city site acquisition loan of 1.48 (sic) million dollars. The proposed new construction could be transferred to develop another parking lot such as Madison and 13th next to the Peralta Apts. or could replace a boarded up building at 370 13th street.

Our association of neighbors is similar to the Eastshore Park Preservation Association that successfully preserved the Splashpad at Grand Avenue when a City Councilmember and developer tried to impose big box construction in their historic neighborhood. We are not against new construction downtown but we strongly oppose THIS proposed construction in THIS location. The design doesn‚t respect the historic setback or the footprint of the original 2-story houses, it proposes to remove two healthy, mature, scenic shade trees, and it would cause significant traffic increase and hazards on one-way Madison Street.

We appeal to the Board to act in the highest spirit of stewardship advocated to preserve and enhance California‚s historic resources. Thank you in advance for your support to maintain no less than the original public views of this unique Mission Revival Masterpiece in the Historic Lakeside Apartment District. History is in our hands.

REF CDV03-230 Aug 11, 2003