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Oakland City Planning Commission
AGENDA


Colland Jang, Chair

Anne Mudge, Vice Chair

Mark McClure

Nicole Franklin

Doug Boxer

Suzie W. Lee

Michael Lighty

October 19, 2005

Regular Meeting

REVISED

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 “Agenda items will be called at the discretion of the Chair not necessarily in the order they are listed on the Agenda”.

Speakers are generally limited to two minutes at the discretion of the Chair. Applicants and appellants are generally limited to five minutes.

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 3rd floor (Suite 3330), which closes at 5:00 p.m.

 

New web-site staff report download instructions

 
                                                                    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    

 

      Agenda Discussion                                                                                                                                  

      Director's Report:           W. Oakland General Plan Policy Discussion 

1.      1699 West Grand

      Committee Reports             

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.

 

APPEALS

The Commission will take testimony on each appeal.  Following testimony, the Commission will vote on the report prepared by staff. Unless otherwise noted, the decisions in the following matters are final and not administratively appeasable. Any party seeking to challenge these decisions in court must do so within ninety (90) days of the date of the announcement of the final decision. 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.

 

1.

Location:

5327 College Avenue (APN 014-1249-008-00)

Proposal:

Appeal of approval of a Conditional Use Permit to allow a real estate office on the ground floor of an existing building.

Applicant:

Heather Sittig, Maison Nouveau

Contact Person/Phone Number:

Heather Sittig / (510) 282-1696

Owners:

Heather Sittig & Hugh Robertson

Appellant:

Rockridge Community Planning Council

Case File Number:

A05-412 (CU05-155)

Planning Permits Required:

Minor Conditional Use Permit to allow a Consultative and Financial Services Commercial Activity (real estate office) on the ground floor of a building in the C-31 Zone.

General Plan:

Neighborhood Center Mixed Use

Zoning:

C-31 Special Retail Commercial Zone; S-18 Mediated Residential Design Review Combining Zone

Environmental Determination:

Exempt, Section 15301 of the State CEQA Guidelines; existing facilities

Historic Status:

Not a Potential Designated Historic Property; Survey rating: X

Service Delivery District:

2

City Council District:

1

Status:

The application was approved by the Zoning Administrator on July 29, 2005.  The approval was subsequently appealed by the appellant on August 3, 2005.  This item was continued without discussion from the September 21, 2005 Planning Commission hearing.     

Action to be Taken:

Decision on appeal based on staff report and public testimony

Finality of Decision:

Final Decision

For Further Information:

Contact case planner Darin Ranelletti at (510) 238-3663 or by email at dranelletti@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.

 

2.

Location:

2400 Filbert Street (APN: 005-0433-018-04) (3/14/05)

Proposal:

Construct 55 new townhouse style condominiums units on a 66,250 square foot parcel.

Applicant:

Tom Dolan

Contact Person/Phone Number:

(510) 839-7200

Owner:

Monica Hujazi

Case File Number:

CD05-116

Planning Permits Required:

Interim Conditional Use Permit to allow residential uses within the M-20 Zone, and Regular Design review.

General Plan:

Mixed Housing Type Residential

Zoning:

M-20, Light Industrial Zone/ R-50, Medium Density Residential Zone

Environmental Determination:

Exempt, Section 15332 of the State CEQA Guidelines; in fill development projects.

Historic Status:

Not a Historic Property

Service Delivery District:

I – West Oakland

City Council District:

3

Status:

Pending

Action to be Taken:

Decision on application based on Staff Report

Finality of Decision:

Appealable to City Council

For Further Information:

Contact case planner Peterson Z. Vollmann at (510) 238-6167 or by email: pvollman@oaklandnet.com.

 

3.

Location:

512-524 Henry St (APN 004 -0101-022-00; -023-00; -024-00), 1532 5th St (APN 004- 0101-019-00), 1553 5th St (APN 004 -0105-007-00) (5/11/05)

Proposal:

To construct a 10 unit residential facility on a vacant lot (Henry St) and 2 duplexes on nearby lots (both fronting onto 5th St) for a total of 14 units.  This project was previously noticed as a Major Variance but the applicant has modified his request to include affordable housing units into the application to utilize new state laws regarding density bonuses.

Applicant:

Thomas Dolan

Contact Person/Phone Number:

Thomas Dolan (510)839-7200

Owner:

Henry II Developers LLC

Case File Number:

CM05-224

Planning Permits Required:

Major Conditional Use Permit for a mini-lot Development and Density Bonus request for 14 units in the R-36 zone and Design Review for new construction.

General Plan:

Mixed Housing Type Residential

Zoning:

R-36 Small Lot Residential Zone

Environmental Determination:

Exempt, Section 15332 of the State CEQA Guidelines; infill development.

Historic Status:

 512-24 Henry St and 1553 5th St are vacant lots while 1532 5th Street contains a Potential Designated Historic Property with a survey rating of Ec2.  All three properties are located in the South Prescott Historic district

Service Delivery District:

1

City Council District:

3

Status:

Pending

Action to be Taken:

Contained in staff report

Finality of Decision:

Appealable to City Council

For Further Information:

Contact Robert D. Merkamp  at (510) 238-6283  or by email: rmerkamp@oaklandnet.com

 

 

4.

Location:

2024 Market Street& 882 20th street (APN 003 -0031-014-00 & 003-0031-015-01 )

Proposal:

Construct 16 new townhouse structures with one parking space per dwelling unit and four additional off-street spaces (20 total).

Applicant:

Madison Park Financial Corp

Contact Person/Phone Number:

Kathleen O’Connell (510)452-2944

Owner:

San Leandro Holdings, LLC

Case File Number:

VMD05-383

Planning Permits Required:

Regular Design Review to allow construction of a new residential facility; Major Variance to exceed the maximum density permitted by the zoning.

General Plan:

Mixed Housing Type

Zoning:

C-10 Local Retail Commercial Zone; R-50 Medium Density Residential Zone

Environmental Determination:

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

Historic Status:

No historic record

Service Delivery District:

1

City Council District:

3

Date Filed:

July 19, 2005

Status:

Pending

Action to be Taken:

Decision on application based on staff report and public testimony

Staff Recommendation:

Approval subject to conditions

Finality of Decision:

Appealable to City Council

For Further Information:

Contact case planner Michael Kimelberg at (510) 238-6935  or by email at mkimelberg@oaklandnet.com

 

 

5.

Location:

5400 Broadway Terrace (048A-7032-020-01)

Proposal:

To convert 22 residential dwelling units into 22 residential condominium units. Condominium conversion rights are being generated from 90 Athol Avenue and 15 Whitmore Place.

Owner:

Robert and Rosemary Heil and Ronald A. Weiss

Contact Person/Phone Number:

John Gutierrez (510) 647-0600

Case File Number:

TTM7664

Planning Permits Required:

Tentative Tract Map for a 22 unit condominium conversion in the Secondary Impact Area. 

General Plan:

Detached Unit Residential

Zoning:

R-60 Medium-High Density Residential Zone, S-4 Design Review Overlay Combining Zone, S-18 Mediated Design Review Combining Zone

Environmental Determination:

Exempt 15315; State CEQA Guidelines, Minor Land Divisions

Historic Status:

Not a Potentially Designated Historic Property, Survey Rating X

Service Delivery District:

II

City Council District:

1

Status:

Pending

Action to be Taken:

Action to be taken based on staff report

Finality of Decision:

Appealable to City Council

For Further Information:

Contact case planner Leigh McCullen at (510) 238-4977 or by email at lmccullen@oaklandnet.com

 

6.

Location:

Citywide

Proposal:

Consideration of revised residential zoning standards and design review procedures.  Request for Planning Commission direction for preparation of zoning text.  (Actual zoning amendments and related changes will be brought forward at a future date for public hearing)

Applicant:

City of Oakland

Case File Number:

ZT04-197

General Plan/Zoning:

Citywide

Environmental Determination:

Exempt; Section 15061(b)(3), State CEQA Guidelines, “general rule,” no possibility of significant effect on the environment.

Service Delivery District:

All

City Council District:

All

Status:

An earlier version of this proposal was reviewed by the Design Review Committee of the Planning Commission on May 12, 2004 and February 23, 2005; and endorsed by the full Planning Commission on June 15, 2005.  This modified proposal is back before the Planning Commission to allow consideration of revised recommendations.

Action to be Taken:

Hold a public hearing, hear testimony from City staff and interested parties, and make recommendation to City Council based on staff report.

Finality of Decision:

No decision at hearing.  Actual zoning amendments and related changes will be brought forward at a future date for public hearing.

For Further Information:

Contact case planner Christopher Buckley at 510-238-6983 or by email at: cbuckley@oaklandnet.com or Ed Manasse at 510-238-7733 or by email at emanasse@oaklandnet.com.

*THIS ITEM CONTINUTED TO NOVEMBER 2ND AGENDA

 

7.

Location:

Citywide

Proposal:

Amend Table 2 of the “Guidelines for Determining Project Conformity with the General Plan and Zoning Regulations” to state that the Transport and Warehousing General Plan use classification does not conform to the Housing and Business Mix General Plan land use designation.

Applicant:

Planning Commission

Contact Person/Phone Number:

Neil Gray/(510)526-1781

General Plan:

Housing and Business Mix

Zoning:

Various

Environmental Determination:

Exempt, Section 15061b3 of the State CEQA Guidelines; no possibility that the activity in question may have a significant effect on the environment.

Historic Status:

Not applicable

Service Delivery Districts:

1-6

City Council District:

1-3, 5-7

Status:

Pending

Action to be Taken:

Contained in staff report

Finality of Decision:

Appealable to City Council

For Further Information:

Contact case planner  at (510) 238-3878  or by email at ngray@oaklandnet.com

 

 

 

8.

Location:

Between Mandela Parkway and Peralta Street, north of 20th Street (Partial APN 005-0421-) 2101 Mandela Parkway (est.)

Proposal:

To determine the appropriate zoning classification of one, City-owned surplus property prior to sale of property pursuant to Ordinance No. 11602 C.M.S.

Owner/Applicant:

City of Oakland

Contact Person/Phone Number:

City of Oakland Real Estate Division/ Bill Wilkins (510)238-6358

Case File Number:

ZR05-485

Planning Permits Required:

Zoning Review for confirmation of zoning

General Plan:

Business Mix

Zoning:

M-30 General Industrial

Environmental Determination:

Exempt, Section 15312, State CEQ Guidelines, Surplus Government Property Sales

Historic Status:

No historic record

Service Delivery District:

1

City Council District:

3

Status:

Pending

Action to be Taken:

Determination of zoning classification and recommendations to City Council based on staff report.

Finality of Decision:

Recommendation to City Council

For Further Information:

Contact case planner Laura Kaminski at (510) 238-6809  or by email at lkaminski@oaklandnet.com

 

 

9.

Location:

Oakdale Avenue (APN 037A-2785-006-00)

Proposal:

To determine the appropriate zoning classification of one, City-owned surplus property prior to sale of property pursuant to Ordinance No. 11602 C.M.S.

Owner/Applicant:

City of Oakland

Contact Person/Phone Number:

City of Oakland Real Estate Division/ Bill Wilkins (510)238-6358

Case File Number:

ZR05-482

Planning Permits Required:

Zoning Review for confirmation of zoning

General Plan:

Detached Unit Residential

Zoning:

R-30 One-Family Residential

Environmental Determination:

Exempt, Section 15312, State CEQ Guidelines, Surplus Government Property Sales

Historic Status:

No historic record

Service Delivery District:

5

City Council District:

6

Status:

Pending

Action to be Taken:

Determination of zoning classification and recommendations to City Council based on staff report.

Finality of Decision:

Recommendation to City Council

For Further Information:

Contact case planner Laura Kaminski at (510) 238-6809  or by email at lkaminski@oaklandnet.com

 

10.

Location:

Howard Street (APN 033-2250-001-04)

Proposal:

To determine the appropriate zoning classification of one, City-owned surplus property prior to sale of property pursuant to Ordinance No. 11602 C.M.S.

Owner/Applicant:

City of Oakland

Contact Person/Phone Number:

City of Oakland Real Estate Division/ Bill Wilkins (510)238-6358

Case File Number:

ZR05-483

Planning Permits Required:

Zoning Review for confirmation of zoning

General Plan:

General Commercial Mix, Estuary Plan

Zoning:

M-40 Heavy Industrial Zone

Environmental Determination:

Exempt, Section 15312, State CEQ Guidelines, Surplus Government Property Sales

Historic Status:

No historic record

Service Delivery District:

4

City Council District:

5

Status:

Pending

Action to be Taken:

Determination of zoning classification and recommendations to City Council based on staff report.

Finality of Decision:

Recommendation to City Council

For Further Information:

Contact case planner Laura Kaminski at (510) 238-6809  or by email at lkaminski@oaklandnet.com

 

COMMISSION BUSINESS    

      Approval of Minutes            August 3, 2005 & September 7, 2005

      Correspondence                   

      City Council Actions:

     

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.

 

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:   November 2, 2005