Oakland Planning Commission                                            STAFF REPORT

Design Review Committee     

 

 

Case File No. ER 03-0004                                                                         September 24, 2003

 

 

 
 
 
 

 

 


Location:

Jack London Square (area bound by the Oakland Estuary, the Embarcadero, Clay Street and Alice Street, plus one block bound by the Embarcadero, Harrison Street, 2nd Street and Alice Street)

 

Proposal:

Preliminary Design Review of the Jack London Square Redevelopment Project.  The project would intensify the retail, dining, and entertainment uses within Jack London Square, resulting in approximately over one million new net gross square-feet.  To accommodate the intensification of existing uses at Jack London Square, demolition of approximately 161,800 square-feet of existing commercial space is also proposed.

 

Applicant:

Jack London Square Partners, LLC  (Stuart Rickard, Project Manager)

Owner:

Port of Oakland.

Case File Number:

ER03-0004

General Plan:

Mixed Use Waterfront/Estuary Plan Area

Zoning:

C-45 Community Shopping Commercial Zone; R-80 High-Rise Apartment Residential Zone; and M-20 Light Industrial Zone

Environmental Determination:

A draft environmental impact report has been completed.   The public comment period ends on October 24, 2003 at 4:00 pm.

Service Delivery District:

1-West Oakland

City Council District:

2

 

Action to be Taken:

No action will be taken; discussion only of Design Review issues.

For further information:

Contact Development Director Claudia Cappio at 510-238-2229 or Contract Planner Diane Henderson at 415-457-0525

 

 

 

SUMMARY

 

In November, 2002, Jack London Square Partners filed an environmental review application to begin review and consideration of the redevelopment of Jack London Square.  The project site is located primarily on the estuary side of the Embarcadero between Clay Street and Alice Street in downtown Oakland, south of Interstate 880 (I-880).  The preliminary proposal that was submitted on November 19, 2002 intensifies the retail, dining, and entertainment uses within Jack London Square, resulting in approximately over one million new net square-feet of development.  Approximately 161,800 square-feet of existing commercial space would be demolished.  As part of the project, the applicant has requested that a Planned Unit Development (PUD) and Development Agreement (DA) be considered by the City, along with a request to change the entire land area for the project to the C-45 (Community Commercial) and conditional use permits for certain uses and development standards.  

 

The City determined that an environmental impact report (EIR) is required.  The Draft EIR was published on September 8, 2003, beginning a 46-day public review period which will end on October 24, 2003.  No land use entitlements for the project can be considered for approval prior to completion of the EIR process. 

 

The purpose of the Design Review Committee meeting is to review and comment on the desgn aspects of the project.  This first meeting will focus on general site planning; the next Design Review meeting will focus on individual building design.  The Commission’s recommendations will be compiled and forwarded to the Planning Commission.    

 

 

 

PROJECT DESCRIPTION

 

The proposed project would redevelop nine specific sites within Jack London Square.  The project would intensify existing office, retail, and dining establishments by providing new construction on nine development areas (labeled Site C, Site D, Pavilion 2, Water I Expansion, 66 Franklin, Site F1, Site F2, and Site F3) as well as add retail and possibly residential uses on an adjacent full block (labeled Site G) on the project area site plan (attached).

The Draft Environmental Impact Report (DEIR) contains a detailed analysis of 1.2 million square feet of mixed use development.  In response to the information and analysis in the DEIR, public comments and Staff comments, the Applicant has now submitted a revised mitigated plan showing a more detailed design scheme and site plan than the plan analyzed in the DEIR.  The key differences between the initial submittal and the revised plan are a reduction in the mass, bulk and total square footage of the proposed project. 

The mitigated plan has been designed to follow the Modified Development Alternative of the DEIR.  Specifically, the mitigated plan would result in approximately 1 million new net gross square feet and would demolish up to 131,800 square feet of existing space.  The reduction in office space would be reflected with the removal of the third floor on the proposed building for Site C, making the building a two-story structure.  The reduction in retail space would occur by not constructing the proposed Pavilion 2 and instead providing retail extensions and/or kiosks within the existing plaza to the south of the Barnes and Noble bookstore.  Retail would be further reduced with a change in the building footprint of Site F1, around Heinold’s First and Last Chance Saloon. 

Office uses would be located within the development on Site C, Site D, 66 Franklin, Site F1, and Site F2.  The movie theatre would be located on Site D, and the 250-room hotel would be located on Site F3.  Retail and restaurant uses would be integrated into every development except on Site G, which would contain residential uses above a parking structure containing about 743 spaces and a supermarket on the ground floor.  The remaining new parking (550 spaces) would be integrated into an office and retail development on Site F2. 

The proposed Site F1 building, which would contain office and retail uses, has been redesigned to pull the proposed Harvest Hall structure away from Heinold’s First and Last Chance Saloon, an historic resource.  Although still incorporated into the design of the building on Site F1, the physical space around Heinold’s First and Last Chance Saloon would be increased such that the structure would be discerned separately.  The Site F1 building would incorporate an open, glassy atrium space and be transparent on the south and west facades of the historic resource.  The atrium roof would extend above the saloon’s roof, leaving a large open area around the small structure, although it would still be surrounded on three sides and overhead with the new Harvest Hall.

The project would be connected into the existing utility infrastructure.  The project would also include a peak-hour shuttle between the project area and the Oakland 12th Street BART Station.

A comparison of the November 2002 submittal and the mitigated plan submitted in September 2003 is provided in the table below.

Comparison of the November 2002 Submittal and September 2003 Revised Submittal

 

November 2002 Submittal

September 2003 Revised Submittal

Approximately up to 1.2 million net new gross square feet of office, retail and restaurant space, hotel, conference/banquet space theater, residential and supermarket uses as well as associated parking.

Approximately up to one million net new gross square feet of office, retail and restaurant space, hotel, conference/banquet space theater, residential and supermarket uses as well as associated parking. 

Approximately 380,300 gross square feet of office.

Approximately 364,300 gross square feet of office (a reduction of approximately 16,000 square feet).

Approximately 404,000 gross square feet of retail and restaurant.

Approximately 320,400 gross square feet of retail and restaurant (a reduction of 84,000 square feet).

Approximately 30,000 gross square feet of conference space in the hotel.

Approximately 15,000 gross square feet of conference space in the hotel (a reduction of approximately 15,000 square feet).

250-room hotel.

Same as November 2002 submittal.

1,700-seat theater.

Same as November 2002 submittal.

40,000 gross square feet of supermarket space.

Same as November 2002 submittal.

120 residential units. 

Same as November 2002 submittal. 

1,293 parking spaces. 

Same as November 2002 submittal.

Demolition of approximately 161,800 square feet as follows:

·        24,000 sq. ft. at Site D

·        14,000 sq. ft. at Water Street 1

·        93,800 sq. ft. at 66 Franklin Street

·        30,000 sq. ft. at Pavilion 2

Demolition of approximately 131,800 square feet (approximately 30,000 square feet less than November 2002 submittal) as follows:

·        24,000 sq. ft. at Site D

·        14,000 sq. ft. at Water Street 1

·        93,800 sq. ft. at 66 Franklin Street

·        Pavilion 2 is retained.

Building Massing:

·        Site C: 3 levels

·        Site D: 7 levels

·        Pavilion 2: 2 levels

·        Water I: 2 levels

·        66 Franklin: 6 levels

·        Site F1: 9 levels

·        Site F2: 8 levels

·        Site F3: 13 levels

·        Site G: 8 levels

 

 

Building Massing:

·        Site C: 2 levels (a reduction of one level)

·        Site D: same as 11/02 submittal

·        Pavilion 2: possible kiosks instead of new construction

·        Water I: same as 11/02 submittal

·        66 Franklin: same as 11/02 submittal

·        Site F1: same as 11/02 submittal

·        Site F2: same as 11/02 submittal

·        Site F3: same as 11/02 submittal

·        Site G: same as 11/02 submittal

Heinhold’s First and Last Chance Saloon would be incorporated into the design of the building on Site F1.

Heinhold’s First and Last Chance Saloon would still be incorporated into the design of the building, but physical space would be provided such that the resource could be discerned as a separate structure.

Details of project circulation are conceptual; access points for vehicles and pedestrians unknown.

More defined project circulation detailed on plans; access points for vehicles and pedestrians identified.

Landscaping plan very conceptual.

A more detailed landscaping plan is provided. 

Water features and public art unknown.

Conceptual water features and public art identified on plans.

 

 

Proposed Open Space and Pedestrian Access

 

The proposed project would create approximately 40,000 square feet of new, permanent open space adjacent to the estuary to the west of the hotel (Site F3).  The Meadow Green (Site C) would be reconfigured by removing the existing parking spaces so that open space is immediately adjacent to the estuary shore.  The building on Site C would be designed such that a public viewing and open area would wrap the building from the terminus of Washington Street and overlook the Meadow Green and estuary. 

Water Street, the main pedestrian walkway through Jack London Square, would be extended to the east through Sites F1, F2, and F-3 and would connect to a public access path along the estuary shore at The Landing development, an existing residential development immediately east of the project area.  The plaza area at the terminus of Broadway near Water Street and the Scott’s Restaurant entrance would be improved for pedestrian circulation and activity by relocating the valet parking service closer to The Embarcadero. 

The proposed project would also maintain the historic city street grid system, such that north/south view corridors along Clay, Washington, Broadway, Franklin, Webster, Harrison, and Alice Streets would be maintained through Jack London Square to the estuary. 

Construction Schedule

The project is currently envisioned to be implemented in two phases: the first phase is expected  to start construction within 6 months of project approvals (about mid-2004) with concurrent development on Site C, Site D, Site F1, Site F3, and Site G.  This would result in approximately 885,000 gsf (excluding parking) for occupancy by the end of 2006.  The second phase of the proposed project, development on Pavilion 2 (possibly kiosks), Water I Expansion, 66 Franklin, and Site F2 would likely be constructed in stages over subsequent years with occupancy by 2020 or before.   

GENERAL PLAN AND ZONING DESIGNATIONS AND POLICIES

 

The project site is currently in a General Plan land use classification of Mixed Use Waterfront/Estuary Plan Area per the Land Use and Transportation Element (LUTE).  Per the Estuary Policy Plan, the project site is located in three land use classifications: Retail, Dining and Entertainment (RDE-1); Waterfront Commercial-Recreation (WCR-1); and Mixed Use District (MUD).  The project site is currently zoned C-45 Community Shopping Commercial, R-80 High Density Residential, and M-20 Light Industrial; the proposed application includes a request to rezone the entire site to C-45.

 

The General Plan Land Use and Transportation Element (LUTE) includes the following Mixed Use Waterfront objectives and policies:

 

Objective W8  Provide a comprehensive planning framework, for the Jack London Square, the Embarcadero Cove, and the Fruitvale Waterfront Area.  In addition to these general objectives and policies, the Estuary Plan to be adopted as part of the General Plan will provide additional detail.

 

Objective W9  Develop and encourage mixed use areas along the estuary shoreline, while enhancing and promoting economic opportunities in Oakland which take advantage of the waterfront’s unique character to attract public uses and activities.

 

Policy W9.1  Defining Mixed-use Along the Estuary.  Mixed use areas are areas or developments where residential uses are integrated with other non-residential uses such as commercial, recreation, and industrial areas.  Live/work units are appropriate mixed use developments and unique residential opportunities for the waterfront.

 

Policy W9.2  Encouraging Mixed Land Uses Along the Estuary.  Mixed land uses should be encouraged in areas where the integration of housing with other compatible uses will add to the overall environmental, social, and economic vitality of the waterfront, and will create a safe environment.

 

Policy W9.3  Defining Development Characteristics Along the Estuary.  Mixed use and residential developments should be sensitive to adjacent properties and designed to enhance the existing and unique characteristics of the waterfront and immediate surroundings.  Individual properties should be designed to encourage and provide sufficient public access to the waterfront and designed to avoid the feeling of “gated” or private communities. 

 

Policy W9.5  Defining Development Intensity Along the Estuary.  Development along the estuary shore should reflect higher intensity mixed use activities and areas at Jack London Square.  The balance of development along the estuary should be of lower intensity than at Jack London Square; however, higher density nodes of development may be appropriate at key locations.  Access to transportation corridors and transit should be provided.  The development intensity should significantly decrease adjacent to Martin Luther King Jr. Regional Shoreline.

 

Policy W9.6  Developing Housing Along the Estuary:  Quality, Type and Services.  Housing quality, type and services should be developed in a manner that is consistent with the policies and requirements of: future detailed plans created for the Waterfront; the Housing Element of the General Plan; the City’s Building Code; and/or other appropriate codes or regulations.

 

Policy W9.7  Supporting Existing Residential Communities Along the Estuary.  The existing residential communities within and adjacent to the waterfront should be supported and enhanced.

 

Policy W9.8  Taking Advantage of the Unique Waterfront Along the Estuary.  Programmed events and activities that take advantage of the unique waterfront setting should be encouraged.  Appropriately scaled conference and convention facilities, hotels, etc., and businesses that benefit from the close proximity to the seaport and airport should be encouraged and be consistent with City economic development strategies.  These uses may include retail, restaurants, destination entertainment, waterfront related commercial and recreational services (boat tours, water taxis, etc.)

 

Policy W10.2  Defining Jack London Square Land Uses.  The area should reflect its current dominant use of commercial and entertainment uses and activities such as restaurants, retail, theater, hotel, farmers market, concert series, boat shows, and other entertainment and cultural activities.  Other appropriate uses include office, live/work, and waterfront density residential development as described in the Land Use Classifications in Chapter 3.

 

Policy W10.3  Defining Jack London Square Development Intensity and Characteristics.  Development in this area should be high intensity commercial, entertainment, and cultural activities which capitalize on proximity to downtown, existing area of bigger establishments retailing durable goods, existing produce market area with offices and live/work spaces, and proximity to ferry and AMTRAK stations.  Development must be sensitive to open, public gathering spaces such as boardwalks, open plazas, outside eating areas for restaurants, etc.  Properties along the shoreline should be particularly sensitive to public uses and access due to the unique potential for direct water access and viewing opportunities of the estuary, San Francisco Bay, City of Alameda, San Francisco skyline, and Port of Oakland shipping activity.

 

Policy W10.4  Defining Jack London Square Mixed Use Characteristics.  The character of this area should be mixed use.  Higher density housing, single use housing, and live/work lofts and units are appropriate within the area and developments.  Mixed use should be senseitive to the surrounding character and design of existing buildings as well as the desire to have the shoreline fully accessible to the public.

 

Policy W10.6  Specifying Public Access and Linkages.  Public access along the estuary should be facilitated by commercial and active recreational uses.  It is important to have physical access to and between uses and activities along the waterfront, particularly along the shoreline.  Opportunities for landscaped and signed linkages along Broadway, Webster, Harrison, and Oak streets, as well as the Lake Merritt Channel, should be developed for (land and water) auto, bicycle, pedestrian, and public transportation.

 

Policy W10.7  Jack London Square Area Design Criteria.  Developments in this area should be designed to enhance direct access to and along the water’s edge, maximize waterfront views and vistas, and make inviting public pedestrian access and spaces.  Development and amenities must be sensitive to the surrounding character of pedestrian-oriented activities with focus on cultural and retail entertainment.  Traditional and historic buildings and structures are character defining and should be preserved, adapted for new uses, or integrated into new development, where feasible.

 

The Estuary Policy Plan (“Estuary Plan”), adopted in June 1999 as part of the General Plan includes numerous objectives and policies that apply to the proposed development.  The project area is known as the “Jack London Phase II Sites in the Estuary Policy Plan.  The following are pertinent goals and policies specific to the Jack London District, as discussed in the Estuary Plan:

 

Policy JL-1  Reinforce retail, dining and entertainment uses along the waterfront, and extend these uses along Broadway to create a regional entertainment destination.

 

Policy JL-1.1  Expand commercial uses along the entire five-block frontage of Lower Broadway.

 

Policy JL-1.2  Intensify Phase I of Jack London Square.

 

Policy JL-2  Encourage the redevelopment of Phase II of Jack London Square between Webster and Alice streets.

 

Policy Jl-2.1  Encourage the redevelopment of Phase II of Jack London Square for commercial-recreational and waterfront-oriented uses.

 

Policy JL-5  In areas outside the existing boundaries of the historic district (API) and east to the Lake Merritt Channel, encourage the development of a mix of uses, including housing, within a context of commercial, light industrial/manufacturing uses, and ancillary parking. 

 

 

DESIGN ISSUES FOR DISCUSSION

 

In the time since the initial project submittal in November 2002, Staff has worked with the Project Applicant and consultants to refine and improve the project.  Over the course of several months Staff has met with the Applicant to review refined development plans and concepts.  There have been five primary areas of focus:  

 

A.  Historic resources;

B.  Site access and circulation (vehicular and pedestrian);

C.  Open space, landscaping, pedestrian pathways and linkages; 

D.  Building mass, appearance, height and form; and

E.  Streetscape and pedestrian scale.  

 

Each of these issues is interrelated with one another and they are, to various degrees, reflected in the revised plan now before the Design Review Committee.  The following section of the report outlines the major design issues that Staff views as important for the Planning Commission to consider as the project review moves forward.  Commissioners may also highlight other issues that should be considered and addressed in more detail. 

 

A.  Historic Resources

 

The revised project redesigns the building for Site F1 around Heinold’s First and Last Chance Saloon such that it would provide a more open and transparent atrium around the historic resource than the November 2002 submittal.  Heinold’s First and Last Chance Saloon would be discerned more clearly as a separate structure since there would be physical space between the historic resource and the new building.  However, even with these conceptual design revisions, there are important design details that must be carefully considered, including how the Heinold’s building would meet the new structure, degree of setback, roof proportions, and design of ground treatments.  In addition, the revised project would include demolition of the triangular portion of Heinold’s on the north side of the building.  This modification would still be deemed a significant and unavoidable impact.

ISSUE:  Heinold’s First and Last Chance Saloon is an historic resource and should be appropriately preserved.

 

 (Staff: The revised project redesigns the building for Site F1 around Heinold’s First and Last Chance Saloon such that it would provide a more open and transparent atrium around the historic resource than the November 2002 submittal.  The fundamental issue for the Commission to consider is that there is likely a degree of setback and transition from the historic resource to avoid or lessen the degree of significant impact.  It is important to note that the Commission would have to find this degree of setback to be physically infeasible to incorporate into the project.  At this point, staff believes that it is feasible and the impact can be mitigated to a less than significant level, with further revision to the plans.   What does the Commission believe is an adequate degree of setback and transition to preserve the physical and cultural integrity of this historic resource?)

 

B.  Site Access an