Work/live units OK'd by council

0 Comments | Oakland Tribune, Jul 8, 2004 | by John Geluardi, CORRESPONDENT

ALAMEDA -- Despite threats of a lawsuit, the Alameda City Council has voted to pave the way for the vacant Clamp Swing warehouse to be converted into seven work/live units.

The council's action means artist Janet Koike can begin drawing up plans for the

74-year-old brick building at 2515 Blanding Ave. in the city's northern industrial waterfront area.

After closing a public hearing and a lengthy debate about the legality of the project, the five-member council approved the conversion, 3-2, late Tuesday.

However, because of lingering legal confusion, Mayor Beverly Johnson asked the city attorney to prepare a moratorium on similar projects. The council will consider the moratorium at its next meeting.

The project will be the first work/live units developed in Alameda. The Planning and Building Department insists on calling them work/live units -- as opposed to live/work units.

City Attorney Carol Korade has said the project conforms to the city's 1998 work/live ordinance, which defines such spaces as primarily work-oriented and therefore not subject to Measure A.

Supporters contend Koike's proposal is a good way to make an old, unused building econ-

omically viable and help revitalize an industrial area. In addition, they say, work/live units will bring artists, artisans and craftsmen to Alameda.

Opponents argue work/live development is simply a way to get around Measure A, a 1973 amendment to the City Charter that restricts residential development to no more than two units.

They said conversion of the Clamp Swing warehouse will open the door to a flood of similar conversions, which will increase Alameda's already-dense population and create more traffic.

Koike's project, unanimously approved by the Planning Commission in April, was challenged by Alameda residents Ed Murphy and Patricia Bail. The two filed separate appeals, claiming the project is a violation of Measure A.

Murphy, a property owner who has been unable to develop multiple residential units on his property, assured the council he will file a lawsuit challenging its decision.

"I believe this project is illegal, and I'll get an answer in court," he said after the meeting.

The city's 1998 work/live ordinance allows conversion of existing commercial buildings in a 60-block area from Tilden Way to Sherman Street and Buena Vista Avenue to the estuary. Korade said the 1998 ordinance relies on a state health and safety code, which uses the same definition of work/live space.

"Measure A only regulates dwelling units. Work/live space is considered commercial in nature," she said.

Murphy remained unconvinced and asked the council to put the issue on the ballot to avoid litigation.

Johnson, who voted in favor of the work/live project, said she was concerned about a possible violation of the spirit of Measure A, but it would be unfair to vote against Koike's project because she submitted the conversion plans in accordance with the 1998 ordinance.

"There's no easy solution to this," Johnson said. "I'm also concerned about the preservation of our northern waterfront. If we don't find a way to make those empty buildings economically viable, we might as well bring in the bulldozers now."

The city is considering a larger work/live proposal for the Del Monte Building at Buena Vista Avenue and Sherman Street, which would include 60 work/live units and 1,000 square feet of commercial space. Whether a possible moratorium would put that application in limbo is uncertain.

Koike, who purchased the empty building more than a year ago, said she is relieved her project was approved.

"This is a good step," she said. "Now we can finally get started on the drawings."

"There's no easy solution to this.

I'm also concerned about the preservation of our northern waterfront. If we don't find a way

to make those empty buildings economically viable, we might as well bring in the bulldozers now."

Beverly Johnson

MAYOR OF ALAMEDA