Developers Get to Make Noise, Chop Down Trees, Demolish Historic Buildings, and Exceed Height Limits – Despite Laws That Say They Can’t
Here’s a list of the laws recently ignored by the City Council majority (edited excerpt from Nov. 19 email to residents from Council Member John Fricke):
Significant commercial structures shall be preserved
Ordinance adopted by the City Council in 2007. However, each time a developer has sought to demolish a significant commercial structure, the Council majority has said yes. At last night’s meeting, this happened with two structures (pictured above), one at Doyle & Powell Streets (above, left) and the second at Adeline & 39th Streets (above, right).
Strict Height Limits on New Buildings
The City’s zoning ordinance places strict limits on the height of new buildings to be constructed. However, in addition to allowing the demolition of the historic brick building now located at Adeline & 39th Streets, the Council approved the new project proposed for the site, even though it exceeds the maximum building height allowed.
Limits on Density (residential units per acre) allowed in certain neighborhoods
The Council last night approved the project at Doyle & Powell even though the project exceeds the density allowed, and significantly exceeds the residential density at the nearby Elevation 22 and Doyle Street condominium projects.
Street trees must be preserved
At last night’s meeting, the Council postponed a decision on the developer’s request to remove 12 mature street trees at Doyle & Powell until an arborist’s report is prepared.
Construction noise is strictly limited to weekdays from 7 a.m. to 6 p.m.
At last night’s meeting, the Council voted to allow construction at the Bay Street shopping mall on 10 Saturdays (7 a.m. to 6 p.m.) and 10 Sundays (8 a.m. to 5 p.m.) through the holiday shopping season. These 10 Saturdays and Sundays are in addition to 10 Saturdays already granted and that the contractor has used. The second waiver granted last night was to the City’s public works department to dredge the marina boating channel on Saturdays (9 a.m. to 6 p.m.) through December, and to work 24 hours a day on weekdays until completion of the project.
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No wonder developers propose projects in flagrant violation of the City’s zoning laws. They know those laws are meaningless.
This seems to be a ongoing theme from the city council. It seems John Fricke is the only one not in the back pocket of developers. Why can’t the other council members stand up and represent the people who actually elected them? They are carving the city’s history up into little pieces and serving it on a silver platter to whichever developer comes along, ignoring critical quality of life concerns which the municipal code was created to protect. Emeryville has a long history of corruption and it seems to be continuing on unabated.
I, for one, have had enough. When are the people of Emeryville going to stand up and throw out those elected officials who care more about helping developers increase their profit margin than the quality of life for people who actually live here? I am sick and tired of the constant pandering that goes on from the majority of the city council to developers who are only interested in making money while Emeryville residents suffer.
We need to recall those council members who betrayed our trust.
We need a municipal code that is strong enough not to be simply swept aside whenever a developer comes around and sheds a tear.
We need to make ourselves heard by complaining to the media and marching in the streets to embarrass those rascals into stopping their attacks on our quality of life.
If you all want to organize a demonstration, count me in.
–If anyone wants to read the EIR’s of the two projects, here are the links:
39th and Adeline
http://www.oaklandnet.com/government/ceda/revised/planningzoning/MajorProjectsSection/39th-and-AdelineEIR.html
Papermill
http://www.ci.emeryville.ca.us/planning/majorprojects.html
Excellent story!
Nothing the council did is illegal or contrary to the Zoning Ordinance. To insinuate otherwise is inappropriate for an outlet which calls itself a news source. The Zoning Ordinance allows the Council to grant exception in all of the cases mentioned. This mechanism exists in the code because it is short sighted to believe that one-size-fits-all zoning regulations are appropriate. Each site and moment in time has constraints which effect projects. Concessions often need to be made to create better projects.
Frankly, as someone who lives directly across the street from the Adeline and 39th project, I say the more height and density the better. It is an asset to our urban form.
George Bush has surrounded himself with a cabal of lawyers who have forwarded the “unitary executive” reading of the constitution. These guys say EVERYTHING the president does in furtherance of ‘national security’ is OK.
The previous commenter has a White House Legal Council view of law. I say laws are made because the people have a need for protection. I think most Emeryville residents would agree with me.
A town with no real pride. Only phony and contrived boosterism. Sigh.