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Oakland City Planning Commission
AGENDA

Kenneth S. Katzoff, Chair

Clinton Killian, Vice Chair

Nicole Franklin

Colland Jang

Glen Jarvis

Michael Lighty

Mark McClure

NOVEMBER 6, 2002

Regular Meeting

 

COMMITTEE MEETING

4:00 P.M.

Hearing Room 1, City Hall

One Frank H. Ogawa Plaza

The Special Projects Committee will convene at 4:00 p.m. Please see separate committee agenda.

 

 

MEAL GATHERING 5:00 P.M.

Le Cheval Restaurant, 1007 Clay Street

Open to the public at no charge. (Members of the public must pay for their own meals if desired. Purchase of meal is not required to attend.)

 

BUSINESS MEETING 6:30 P.M.

 

Hearing Room 1, City Hall, One Frank H. Ogawa Plaza

Persons wishing to address the Commission on any item on the agenda, including Open Forum and Director’s Report, should fill out a speaker card and give it to the Secretary prior to the convening of the meeting or prior to 8:30 p.m. for matters scheduled to be heard after 8:30 p.m. Speakers are generally limited to two minutes at the discretion of the Chair. Applicants and appellants are generally limited to five minutes.

Agenda items will be called at the discretion of the Chair and not necessarily in the order they are listed on the agenda. However, a matter identified as an 8:30 p.m. item shall not be called until 8:30 p.m. or later. The order of items will be determined under "Agenda Discussion" at the beginning of the meeting. With the exception of Open Forum, a new item will not be called after 10:15 p.m., and the meeting will adjourn no later than 10:30 p.m. unless the meeting is extended by the Chair with the consent of a majority of Commissioners present.

Staff reports for items listed on this agenda will be available by 3:00 p.m. the Wednesday, one week before the meeting, to any interested party, at the Community and Economic Development Agency, Planning and Zoning Division, 250 Frank H. Ogawa Plaza, Oakland, California 94612. Reports are available at the Strategic Planning Division on the 3rd floor (Suite 3330), which closes at 5:00 p.m.

 

Staff reports are also available on-line, generally one week prior to each meeting, at www.oaklandnet.com by searching "Frequently Visited Pages" located on the City of Oakland Homepage. Clicking on "Planning Commission Meetings" will open a menu of Planning Commission and Committee Agendas. Staff reports are available on the selected agenda by clicking on the highlighted case file number. For further information, please call 510-238-3941.

If you challenge a Commission decision in court, you may be limited to issues raised at the hearing or in correspondence delivered to the Zoning Division, Community and Economic Development Agency, at, or prior to, the hearing.

 

 

ROLL CALL

WELCOME BY THE CHAIR

COMMISSION BUSINESS

Approval of Minutes: October 2, and October 23, 2002

Agenda Discussion

Correspondence

City Council Actions: October 29, 2002 and November 5, 2002

Director's Report Informational Report on Planning and Zoning Division Performance Measures - Application Processing Time and Staffing.

Committee Report Report from Special Projects Committee on meeting of November 6, 2002 and request for acceptance by the full Planning Commission on clarification of administrative guidelines for creek determinations. The clarifications will be forwarded to William Lettis and Associates, the City’s geological consultant, to provide clearer guidance for creek mapping.

Commission Matters

City Attorney's Report

 

OPEN FORUM

At this time members of the public may speak on any item of interest within the Commission's jurisdiction. Speakers are generally limited to two minutes or less if there are six or less speakers on an item, and one minute or less if there are more than six speakers.

 

 

CONSENT CALENDAR

The Commission will take a single roll call vote on all of the items listed below in this section. The vote will be on approval of the staff report in each case. Members of the Commission may request that any item on the Consent Calendar be singled out for separate discussion and vote.

 

 

1.

Location:

6501 San Pablo Avenue (016-1506-004-00)

Proposal:

Clarification of the motion adopted by the Planning Commission on October 16, 2002. The clarification involves conditions of approval #16 (Second Story Setback on Western Elevation) and #17 (Recess of plaza overhang).

Owner/Applicant:

Tri-City Lofts, LLC

Case File Number:

CMDV02-341

Planning Permits Required:

The Planning Commission approved a design review permit for a residential project with three or more units on a lot; a Minor Variance for rear yard setback (10’-0" required, none proposed); and a Minor Variance for Open Space at their October 16, 2002 meeting.

General Plan:

Community Commercial

Zoning:

C-30, District Thoroughfare Commercial Zone

Environmental Determination:

Exempt, Section 15332, State CEQA Guidelines; Infill development

Historic Status:

Non-Historic Property (NHP); survey rating: N/A

Service Delivery District:

II – North Oakland

City Council District:

1

Action to be Taken:

Decision on clarification based on staff report

For further information:

Contact case planner Neil Gray at (510) 238-3878 or by e-mail at ngray@oaklandnet.com.

 

 

 

PUBLIC HEARINGS

 

The hearing provides opportunity for all concerned persons to speak; the hearing will normally be closed after all testimony has been heard. The Commission will then vote on the matter based on the staff report and recommendation. If you wish to be notified on the decision of an agenda item, please indicate the case number and submit a self-addressed stamped envelope, for each case. If you challenge a Commission decision in court, you may be limited to issues raised at the public hearing or in correspondence delivered to the Zoning Division, Community and Economic Development Agency, at, or prior to, the public hearing.

 

Interested parties are encouraged to submit written material on agenda items in advance of the meeting and prior to the close of the public hearing on the item. To allow for distribution to the Commissioners, staff, and the public, 20 copies of all material should be submitted. Material submitted at least ten days prior to the meeting may be included as part of the agenda packet; material submitted later will be distributed at or prior to the meeting the meeting. To ensure that material is distributed to Commissioners, it should be received by the Commission Secretary no later than 48 hours prior to the meeting, and preferably earlier.

 

2.

Location:

964-46th Street (APN 013-1170-020-01)

Proposal:

Construction of a 36 unit residential loft project on a 40,158 square foot parcel adjacent to and part of the Remar Bakery Live/Work Conversion.

Applicant/Owner:

Madison Park REIT, John Protopappas

Case File Number:

CMD02-373

Planning Permits Required:

Interim Conditional Use Permit to implement General Plan Density and Regular Design Review.

General Plan:

Mixed Housing Type Residential

Zoning:

M-20, Light Industrial and S-18 Mediated Residential Design Review Combining Zones (Best Fit Zone per Guidelines for General Plan Conformity is R-50, Medium Density Residential)

Environmental Determination:

Exempt, Section 15332; CEQA Guidelines; in-fill development.

Historic Status:

Non-Historic Property (NHP); survey rating: N/A

Service Delivery District:

II – North Oakland

City Council District:

1

Status:

Project reviewed by Design Review Committee on October 23, 2002

Action to be taken:

Decision on application based on staff report.

For further information:

Contact case planner Scott Harriman at 510 238-6935 or by e-mail at sharriman@oaklandnet.com.

 

3.

Location:

601 MacArthur Boulevard

Assessors Parcel Numbers:

023-0427-001, 002 and 008-03

Proposal:

Construction of a five-story, 32-unit residential building on three vacant parcels totaling 20,420 square feet.

Applicant/Owner:

Michael Gray

Case File Number:

CMD00-46

Planning Permits Required:

Major Conditional Use Permit to implement Density Bonus and incentive for Affordable Housing and Design Review.

General Plan:

Urban Residential

Zoning:

R-60, Medium-High Density Residential Zone (Best Fit Zone as determined by Planning Commission on July 21, 1999)

Environmental Determination:

Exempt; Section 15332, CEQA Guidelines; in-fill development

Historic Status:

Non-Historic Property (NHP); survey rating: N/A

Service Delivery District:

III - San Antonio/Lower Hills

City Council District:

2

Status:

Project reviewed by Design Review Committee on October 23, 2002

Action to be Taken:

Decision on application based on staff report

For further information:

Contact case planner Scott Harriman at (510) 238-6935 or by e-mail at sharriman@oaklandnet.com.

 

4.

Location:

1211 Embarcadero

Proposal:

Modification of an approved Conditional Use Permit to decrease the height from 4-stories (63’) to 3-stories (50’), to increase the building length by 15 feet (140 ft. to 155 ft.), and to make other site plan modifications.

Applicant:

Thomas Bender, for Gray & Reynolds

Owner:

Gray & Reynolds (property lease from Port of Oakland)

Case File Number:

REV02-009 (CMD01-356)

Planning Permits Required:

Revision to previously approved Conditional Use Permit and Design Review for a 28,000 square foot commercial building in the M-40 district.

General Plan:

Waterfront Commercial Recreation 2 – Estuary Plan

Zoning:

M-40 Heavy Industrial

Environmental Determination:

Exempt, Section 15332, State CEQA Guidelines; Infill Development

Historic Status:

Non-historic Property (NHP)

Service Delivery District:

I – Central District

City Council District:

2

Status:

Original Application approved by Planning Commission October 3, 2001

Action to be Taken:

Decision on application based on staff report

For further information:

Contact case planner Scott Miller at 510-238-2235 or e-mail smiller@oaklandnet.com

 

 

APPEALS

 

The Commission will take testimony on each appeal. Following testimony, the Commission will vote on the report prepared by staff. If you challenge an appeal in court, you may be limited to raising only those issues raised at the appeal hearing, or in written correspondence received by the Zoning Division, Community and Economic Development Agency at, or prior to, the appeal hearing.

 

5.

Location:

13840 Campus Drive

Proposal:

Appeal of the Director’s Decision to approve a tentative parcel map splitting one lot into two and a minor variance allowing both lots to be below the median lot size of all properties within 200 feet.

Appellant:

Bruce A. Whitten

Applicant/Owner:

John McGovern

Case File Number:

A02-379

Planning Permits Required:

Tentative Parcel Map to split one lot into two. Minor Variance to allow both lots to be below the median lot size of all properties within 200 feet (26,244 square feet per lot proposed, 30,234 square feet per lot required).

General Plan:

Hillside Residential

Zoning:

R-30, One Family Residential

Environmental Determination:

Exempt, Section 15315; State CEQA Guidelines; Minor Land Divisions

Historic Status:

Non-historic Property (NHP); survey rating: X

Service Delivery District:

IV – South Hills

City Council District:

6

Action to be Taken:

Decision on application based on staff report

For further information:

Contact case planner Robert D. Merkamp at 510-238-6283 or Rmerkamp@oaklandnet.com

 

6.

Location:

140-158 Caldecott Lane

Proposal:

Appeal of Zoning Administrator determination that development permits and zoning approvals for four (4) of the five (5) Caldecott Lane condominium buildings approved by the City Planning Commission in 1989 have expired and are now invalid.

Appellant/Owner:

Athan Magganas

Case File Number:

A02-459 (CM89-104)

Planning Permits Required:

No planning permits required for Zoning Administrator determination. Any subsequent project applications will be subject to all current zoning, allowed General Plan densities, subdivision regulations, design review standards, and environmental thresholds.

General Plan:

Hillside Residential

Zoning:

OS(SU), Open Space Special Use Park Zone; S-10, Scenic Route Combining Zone; S-14, Community Restoration Development Combining Zone; and S-18, Mediated Design Review Combining Zone. (Previously zoned: R-40/ S-10 when project originally approved).

Environmental Determination:

Exempt; Section 15061(b), CEQA Guidelines; general rule, no possible effect on environment)

Historic Status:

Not a Designated Historic Property

Service Delivery District:

II-North Hills

City Council District:

1

Status:

Major Conditional Use Permit for 35 units approved in 1989; building permit for Building #2 issued in 1992 (8 units); work ceased on Building #2 and no final certificate of occupancy was issued or Final Map recorded; planning extensions granted through December, 1992.

Zoning determined in April, 2002, that new building permits could be applied for to finish Building #2 and construct the remaining buildings never started; Zoning issued a superceding determination in September, 2002, that development permits and zoning approvals for the remaining buildings never started have expired and are now invalid. Appeal of zoning determination filed on September 30, 2002.

Action to be Taken:

Decision on appeal based on staff report

For further information:

Contact Design Review Supervisor, Edward C. Manasse at 510-238-7733, or via e-mail: emanasse@oaklandnet.com

 

ADJOURNMENT By 10:30 P.M. unless a later time is agreed upon by a majority of Commissioners present.

 

 

 

SCOTT HARRIMAN

Secretary

 

 

NEXT REGULAR MEETING: NOVEMBER 20, 2002