Residents Cry Foul
Ikea Warehouse Controversy: City Invokes An 'Anomaly'
There's a new wrinkle in the saga involving neighbors opposition to furniture behemoth Ikea's plans to convert a warehouse on Emeryville's 53rd street into a large-item customer pick up facility.
Neighbors who are appealing the project's approval say they are very concerned about the city's impartiality after a council resolution seemingly already denying their appeal was sent to them. The city's attempts to explain only caused more confusion after the head of the planning department said a previous resolution generated by a different neighbors group, and used for comparison, was an anomaly.
Representatives from the ad-hoc resident organization appealing the proposed Ikea expansion, the 53rd Street Neighborhood Committee, told the Tattler the resolution's language indicates the city is not acting in good faith with the appeal process.
Neighbors who are appealing the project's approval say they are very concerned about the city's impartiality after a council resolution seemingly already denying their appeal was sent to them. The city's attempts to explain only caused more confusion after the head of the planning department said a previous resolution generated by a different neighbors group, and used for comparison, was an anomaly.
Representatives from the ad-hoc resident organization appealing the proposed Ikea expansion, the 53rd Street Neighborhood Committee, told the Tattler the resolution's language indicates the city is not acting in good faith with the appeal process.
Residents are bristling at the use of the word "denying" instead of what they say is the customary word "considering" in the official resolution from City Hall; a small change they say that will have a big effect.
Marcia DuBois, a member of the residents committee said the word 'deny' brings into question whether their appeal of the Ikea project will get a fair hearing before the City Council on October 19. Ms Dubois said neighbors worry the city's use of the word deny may indicate that the appeal decision has already been decided or that it at least could unfairly bias the council members against their appeal.
Here is the text of the Resolution the City Council will vote on (italics added):
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE DENYING AN APPEAL OF AD HOC 53RD STREET NEIGHBORHOOD COMMITTEE OF THE PLANNING COMMISSION'S AUGUST 26, 2010 DECISION AND APPROVING A CONDITIONAL USE PERMIT AND DESIGN REVIEW TO ESTABLISH A 59,993 SQUARE FOOT OFF-SITE WAREHOUSE AT 5000 HOLLIS STREET (LEVEL 3 BUILDING) BY IKEA TO ALLOW CUSTOMERS TO PICK UP LARGE ITEM MERCHANDISE AT THIS SITE (APN: 49-1041-11-4)
Representatives from the appellants, the 53rd Street Neighbors Committee, complained that in a case decided last year, the last time an appeal was brought by residents, the wording was different. That appeal, brought by a group calling themselves the Triangle Neighbors, was worded in the city's Resolution to read (italics added):
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE CONSIDERING AN APPEAL OF AD HOC TRIANGLE NEIGHBORS .....(etc)
At a subsequent meeting at City Hall, planning department chief Charlie Bryant told representatives from the 53rd Street group that everything was fine and the normal way the city writes appeal resolutions is with the use of the word "deny" but he admitted that the Triangle resolution's use of the word "considering" was baffling, what he called an "anomaly". Since Mr Bryant is the actual writer of both these resolutions himself, the explanation is being perceived by residents as disingenuous.
Ikea plans on adding a 53rd Street adjunct to their Shellmound store for bulky item customer pick up. Residents have mobilised to stop what they call an intrusion of big box retail into the residential neighborhood, a violation of Emeryville's general plan. The Planning Commission OK'ed the proposal in a 4-3 split vote on August 26.
Ms Dubois said several 53rd Street neighbors were exasperated by the wording of the resolution from the city as a "done deal" and perhaps would give up fighting what they characterize as an Ikea steamroller.
Nonetheless all residents are urged to come to the appeal spectacle, regardless of the discouraging language from the city. City Hall Tuesday October 19th at 7:15 PM
It's actually the appeal from last year that is not kosher. Let me explain:
ReplyDeleteIt is the planning staff's job to make a recommendation to the Council and then draft a resolution which acts upon that recommendation. That is what they are paid to do. In the case of appeals, it is the staff's job to recommend upholding the decision that the previous City body made. The staff has an obligation to defend the Planning Commission’s decision. As with any project, if the Council wishes to take an action other than that which is proposed in the draft resolution, they just propose an alternate resolution or propose to modify the resolution. It's a simple process.
As I said, in the case of an appeal, the staff has an obligation to defend the action of the previous decision makers. If the Council wants to grant the appeal, they need to make the case for it based on information presented by the appellants. It is important to remember that for an appeal, the appellants are given time for a presentation. This is separate from the public comment period.
In the case that you site of the appeal for the Market on Adeline Street last year, it is important to remember that that appeal was granted based on information the appellants provided. However, from the based on the information you have provided (and nothing else) it looks like the staff may have shirked their responsibility of defending the Planning Commission just so they didn't get egg on their face. If I were a Planning Commissioner, I'd be a little miffed by that, unless, of course, this blog is not telling us the whole story, which is usually probable.
What's 'usually probable' is that the staff didn't care about the mini-mart proposed for the Triangle so they peddled the resolution language to reflect that. With the Ikea expansion, well they obviously do care. They want this Ikea warehouse in the residential area of town and they're using language in the resolution to get it. Remember, it's a hard lift since they have to get the council to publicly disregard the general plan.
ReplyDelete