Judge signs off on Island work/live lofts

0 Comments | Oakland Tribune, Nov 19, 2005 | by Susan McDonough, STAFF WRITER

ALAMEDA -- Work/live units such as the Clamp Swing lofts being built along the estuary in the city's northern waterfront district do not violate the city's Measure A building code, an Alameda County Superior Court judge has ruled.

The Clamp Swing project provoked Measure A watchdogs in spring 2004 when the building's owner, local artist Janet Koike, received permits to convert the 75-year-old building to seven artist lofts.

Edward Murphy and Pat Bail, longtime Measure A proponents, appealed and took their arguments to the City Council, which in July 2004 approved the project.

Murphy's son, Matthew, promised to challenge the decision in court. He quickly filed a complaint against the city,claiming officials were using a loophole in voter-sanctioned Measure A to circumvent the city's strict restrictions on apartment-type complexes.

Passed in 1973 by ballot initiative, Measure A prohibits residential construction of "multiple dwelling units" -- anything larger than two units -- with some exceptions.

The Murphys, who were prevented from building on their own property because of Measure A, had asked the city more than once to put on the ballot a measure asking voters whether work/live lofts violate the spirit of the ordinance.

When city officials refused, they sought a judicial decision. Superior Court Judge Steven Brick wrote in his decision issued late last month that the Measure A ordinance does not clearly define what is meant by "multiple dwelling units."

He based his decision on ballot materials circulated to voters at the time the measure passed. Nothing in those materials suggest that voters would consider work/live studios as multiple dwelling units, Brick wrote.

The ballot materials talk about townhouses, condominiums and apartment complexes, according to Brick, but "nothing is said about work/live studios," he wrote.

Deputy City Attorney Julie Harryman said if undisputed, the judge's decision could make it easier for other work/live-type projects to be built in Alameda.

The Clamp Swing project, where Koike has continued construction despite the lawsuit, is the first of such projects in Alameda. Developers have talked about plans to convert an old Del Monte building on Buena Vista Avenue into 60 loft spaces, but no permits have been drawn for that project, according to city building and planning staff.