Oakland City Planning Commission AGENDA

Policies and Procedures Committee
Clinton Killian, Chair
Nicole Franklin
Michael Lighty

April 7, 2004
Regular Meeting

Notice – Staff reports are now available on-line. See web site download instructions below.

POLICIES AND PROCEDURES

COMMITTEE MEETING

4:00 P.M.

Hearing Room 1, City Hall

1 Frank H. Ogawa Plaza

The Policies and Procedures Committee will convene at 4:00 p.m. Please see separate committee agenda.

MEAL GATHERING 5:00 P.M.

Off Broadway Cafe & Catering Co., Cafe Deli, 416 15th 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.

Please check with the Planning Department prior to the meeting regarding items that may be continued. Any agenda item may be continued, without the hearing on the matter being opened or public testimony taken, at the discretion of the Chair. Persons wishing to address the continued item may do so under Open Forum.

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 3^rd 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. While attending Planning Commission meetings parking in the Clay Street Garage is Free. Attendees should write Planning Commission on the back of the parking ticket.

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. Any party seeking to challenge in court those decisions that are final and not administratively appealable to the City Council must do so within ninety (90) days of the date of the announcement of the final decision.

ROLL CALL

WELCOME BY THE CHAIR

COMMISSION BUSINESS

Approval of Minutes: March 17, 2004

Agenda Discussion

Correspondence

City Council Actions: March 30, and April 6, 2004

Director's Report

Committee Reports: Report from Policies and Procedures Committee on meeting of April 7, 2004.

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:	5633 Manila Avenue
	Proposal:	To establish a child day care center in an existing church for 94 children and to add 1,500 sq. ft. to the structure.
Applicant: Contact Person/Phone Number:		Diana & Isidro Ovalk Patricia Raphael / (510) 839-4550
Owner:		Manila Avenue Church
Case File Number:		CU03-581
Planning Permits Required:		Minor Conditional Use Permit and Design Review
General Plan:		Detached Unit Residential
Zoning:		R-30: One-family Residential Zone
Environmental Determination:		Exempt 15303; State CEQA Guidelines, small structures
Historic Status:		Potentially Designated Historic Property. Survey Rating: C3
Service Delivery District:		II – North Oakland
City Council District:		1
Status:		Continued from the March 3, 2004 meeting.
Action to be Taken:		Decision based on staff report.
Finality of Decision:		Appealable to City Council
For further information:		Contact case planner Miroo Desai Brewer at (510) 238-6935 or by email: mbrewer@oaklandnet.com.

2.	Location:	1454 8^th Street and 1450 8^th Street (APN 004 0081 008 00)
	Proposal:	Application to designate 1454 8^th Street (the house) and 1450 8^th Street (the store) as a City of Oakland Landmark.
Applicant:		Rodney Karr, Randolph Belle, Freddie Lee Cooper
Contact Person/Phone Number:		(415) 931-1934
Owner:		Freddie Lee Cooper
Case File Number:		LM04-001
Planning Permits Required:		Landmark Designation
General Plan:		Mixed Housing Type
Zoning:		R-36 – Small Lot Residential Zone
Environmental Determination:		Exempt per Sections 15061(3) and 15331 of the State CEQA Guidelines.
Historic Status:		Oakland Cultural Survey Rating: B1+; Contributor to Oakland Point Historic District Determined Eligible for National Register (API).
Service Delivery District:		1 – West Oakland
City Council District:		3
Status:		The Landmark Preservation Advisory Board adopted a Resolution to initiate action to establish 1458 8^th Street and 1450 8^th Street as a Landmark and to forward the action to the Planning Commission for public hearing and consideration.
Action to be Taken:		Recommend Landmark Designation and forward to City Council.
Finality of Decision:		City Council
For Further Information:		Contact case planner Joann Pavlinec at (510) 238-6344 or by email: jpavlinec@oaklandnet.com.

3.	Location:	653 11^th Street, Victorian Legal Center (APN: 002 0023 05 00)
	Proposal:	Application to designate 653 11^th Street, Victorian Legal Center, as a City of Oakland Landmark.
Applicant/Owner:		Warren B. Wilson
Contact Person/Phone Number :		(510) 465-6511
Case File Number:		LM03-583
Planning Permits Required:		Landmark Designation
General Plan:		Central Business District
Zoning:		C-51-Central Business Service Commercial; S-17-Downtown Residential Open Space Combining Zone.
Environmental Determination:		Exempt per Sections 15061(3) and 15331 of the State CEQA Guidelines.
Historic Status:		Oakland Cultural Survey Rating: B1+; Designated Historic Property (Contributor in the Preservation Park S-7 Historic District) Local Register.
Service Delivery District:		Downtown Metro
City Council District:		3
Status:		The Landmark Preservation Advisory Board adopted a Resolution to initiate action to establish 653 11^th Street as a Landmark and to forward the action to the Planning Commission for public hearing and consideration.
Action to be Taken:		Recommend Landmark Designation and forward to City Council.
Finality of Decision:		City Council
For further information:		Contact case planner Joann Pavlinec at (510) 238-6344 or by email: jpavlinec@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. Planning Commission decisions that involve "major" cases (i.e., major variances, major conditional use permits) are usually appealable to the City Council. Such appeals must be filed within ten (10) days of the date of the announcement of the Planning Commission decision. 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, 25 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. 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.

4.	Location:	7100 Mountain Boulevard (Leona Quarry – 128 acres) APNs: 040a-3847-010; 040a-3847-011; 037a-3151-005; 037a-3151-006; 040a-3845-030; 037a-2792-009; 037a-3156-001
	Proposal:	Public Hearing pursuant to OPC Section 17.102.220 to consider recommendation to the City Council to adopt a Resolution approving the application of the DeSilva Group LLC for a Reclamation Plan Amendment and Revised Financial Assurances for the Leona Quarry
Applicant:		The DeSilva Group, LLC (Jim Summers, Principal)
Contact Person/Phone Number:		(925) 828-7999
Owner:		Gallagher Properties, Inc.
Case File Number:		ER01-33, TTM7351, PUD02-437, VDR02-439 and RZ02-438
Planning Permits Required:		The City has previously approved a Planned Unit Development permit, a zoning boundary line adjustment; a Vesting Tentative Map, Design Review Approval and variances for retaining wall height, garage width, front yard paving and certification of an EIR and Subsequent EIR.
General Plan:		Mixed housing Type and Resource Conservation Area
Zoning:		R-30 One-Family Residential and R-50 Medium Density Residential Zones.
Environmental Determination:		An Environmental Impact Report and a Subsequent Environmental Impact Report have been completed for the proposed project and approved by the Oakland City Council.
Historic Status:		N/A
Service Delivery District:		IV – Hills Area
City Council District:		6
Action to be Taken:		Recommend to City Council that it adopt a resolution approving a Reclamation Plan Amendment and Revised Financial Assurances for the Leona Quarry
For Further Information:		Contact case planner John Truxaw at (510) 238-6316 or by email: jtruxaw@oaklandnet.com.

5.	Location:	1600 – 1642 7^th Street, (APN’s: 006-0003-018-00; 006-0003-019-00; 006-0003-020-00; 006-0003-021-00)
	Proposal:	Application to establish the 7^th Street Commercial District as a Historic District and to Re-zone to S-7 Preservation Combining Zone.
Applicant/Owner:		Lucy Lee Lequin
Contact Person/Phone Number:		(510) 986-1016
Case File Number:		RZ04-107
Planning Permits Required:		Re-zone to an S-7 Preservation Combining Zone
General Plan:		Community Commercial
Zoning:		C-35 – District Shopping Commercial Zone, S-4 – Design Review Combining Zone
Environmental Determination:		Exempt per Sections 15061(3) and 15331 of the State CEQA Guidelines.
Historic Status:		1600-16 7^th Street: PDHP, Area of Secondary Importance contributor. 1632-42 7^th Street: PDHP, Area of Secondary Importance anchor - primary contributor.
Service Delivery District:		1 – West Oakland
City Council District:		3
Status:		Landmark Preservation Advisory Board adopted a Resolution to initiate action to establish 1600-1642 7^th Street as a Historic District and forward action to the Planning Commission for public hearing and consideration.
Action to be Taken:		Recommend Re-zoning to S-7 Preservation Combining Zone and forward to City Council.
Finality of Decision:		City Council
For Further Information:		Contact case planner Joann Pavlinec at (510) 238-6344 or by email: jpavlinec@oaklandnet.com.

6.	Location:	400 – 416 12^th Street, The Tribune Press Building
	Proposal:	Design Review of rehabilitation of exterior for reuse as a mixed-use building.
Applicant/Owner:		John Protopappas, Madison Park Financial Corporation
Contact Person/Phone Number:		(510) 452-2944
Case File Number:		VM04-060
Planning Permits Required:		Major Variance to allow conversion of previous industrial use to self-storage, retail and office, Design Review of exterior rehabilitation (Landmarks Preservation Advisory Board).
General Plan:		Central Business District
Zoning:		C-55 – Central Core Commercial, S-17 – Downtown Residential Open Space Combining Zone
Environmental Determination:		Exempt per Sections 15061(3) and 15331 of the State CEQA Guidelines.
Historic Status:		PDHP, API contributor to the Downtown Historic District, minor importance, potentially secondary importance; National Register contributor to Downtown Historic District; OCHS Rating: Dc1+
Service Delivery District:		Downtown Metro
City Council District:		2
Status:		Landmark Preservation Advisory Board recommendation: Design Review Approval with Conditions.
Action to be Taken:		LPAB Action - Recommend approval of design review, with conditions.
Finality of Decision:		Appealable to City Council
For Further Information:		Contact case planner Joann Pavlinec at (510) 238-6344 or by email: jpavlinec@oaklandnet.com.

7.	Location:	2428 - 90^th Avenue (APN: 046-5484-004-02)
	Proposal:	To construct four (4) new units for a total of twelve (12) units on one lot.
Applicant/Owner:		Chueng Xueqiang
Contact Person/Phone Number:		(510) 661-9961
Case File Number:		CMD04-021
Planning Permits Required:		Major Conditional Use Permit to allow more than six units on one lot in the R-50 Medium Density Residential Zone; Design Review for new units.
General Plan:		Mixed Housing Type Residential
Zoning:		R-50, Medium Density Residential Zone
Environmental Determination:		Exempt 15332; State CEQA Guidelines, in-fill development projects
Historic Status:		Non Historic Property (NHP); survey rating: X
Service Delivery District:		VI – Elmhurst
City Council District:		7
Status:		Pending
Action to be Taken:		Decision based on staff report.
Finality of Decision:		Appealable to City Council
For Further Information:		Contact case planner Maurice Brenyah-Addow at 510-238-6342 or by email: mbrenyah@oaklandnet.com.

8.	Location:	1030-1032 36^th Street (APN’s: 012-0950-003-03; 012-0950-007; 012-0950-008)
	Proposal:	To reconfigure lot lines to create three parcels.
Applicant:		Charles Clewis
Contact Person/Phone Number:		Charles Clewis / (510) 459-0694
Case File Number:		TPM 8234; CMVM03-571
Planning Permits Required:		Tentative Parcel Map to reconfigure lot line lines to create three parcels; Major Variance to create three lots with lot sizes less than required minimum of 5,000 sq. ft. and one lot with lot width less than required minimum of 45 ft..
General Plan:		Mixed Housing Type
Zoning:		R-40 Garden Apartment Residential Zone
Environmental Determination:		Exempt, Section 15303 and 15305 of the state CEQA Guidelines (Class 1, New Construction of Small Structures and Class 5 Minor Alterations in Land Use Limitations)
Historic Status:		Vacant parcels
Service Delivery District:		I – West Oakland
City Council District:		1
Status:		Pending
Action to be Taken:		Decision based on staff report.
Finality of Decision:		Appealable to City Council
For Further Information:		Contact case planner Miroo Desai Brewer, Planner III, at 510-238-3663 or by email: mbrewer@oaklandnet.com.

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

GARY V. PATTON

Deputy Director of

Planning and Zoning

NEXT REGULAR MEETING: APRIL 21, 2004