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Colland Jang, Chair
Anne Mudge, Vice Chair
Mark McClure
Nicole Franklin
Doug Boxer
Suzie W. Lee
Michael Lighty

January 4, 2006

Regular Meeting

 

 

 

MEAL GATHERING      5:00 P.M.

Max's Diner, 500 12th Street, Oakland City Center
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

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.

 

                                                                    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:               

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.

 

 

 

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, 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 Commission, 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.

 

 

1.                               Location:

2538 Telegraph Avenue (APNs 009-0683-021-01 and 009-0683-024-00).

Proposal:

Construction of an 8-story, mixed-use building containing up to 97 residential units and 8,800 square feet of retail on the ground floor. Incorporates parking garage with 113 parking spaces.

Project Sponsor:

2538 Telegraph, LLC.

Owner(s):

2538 Telegraph, LLC.

Case File Number(s):

ZP05-158

Planning Permits Required:

Major Conditional Use Permit for a large-scale development over 100,000 square feet of new floor area; Interim Condition Use Permit for Density; Possible minor Variances from required number of loading berths and parking space dimensions, and setbacks; Design Review.

General Plan:

Community Commercial

Zoning:

C-45 Community Shopping Commercial Zone

C-60 City Service Commercial Zone

Environmental Determination:

Infill exemption with traffic study..

Historic Status:

Not historic.

Service Delivery District:

2

City Council District:

3-Nadel

Status:

DRC on November 16, 2005

Action to be Taken:

Consider approval of Major CUP, variances.

Finality of Decision:

Appealable to City Council

For further information:

Contact Catherine Payne at 510-238-6168 or by e-mail at lwarner@oaklandnet.com

 

 

 

 

 

 

 

2.

Location:

1919 Market Street(APN 005-0410-013-01)

Proposal:

To construct 58 new, fee simple townhouse structures as a mini-lot development with one parking space per dwelling unit and twelve additional off-street spaces (70 total).

Applicant:

Madison Park Financial

Contact Person/Phone Number:

Simon Chen, Madison Park Financial/ (510) 452-2944

Owner:

Market Holdings, LLC

Case File Number:

CMDV05-512 & TTM-7700

Planning Permits Required:

Regular Design Review to allow construction of a new residential facility; Conditional Use Permit to a allow a Mini-Lot Development; Major Variance to exceed the maximum density permitted by the zoning; Conditional Use Permit to allow a Mini-Lot Development; Minor Variance to exceed the maximum lot area allowed by the Mini-Lot Development regulations. Tentative Tract Map for 58 lot subdivision.

General Plan:

Mixed Housing Type Residential

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:

The building is a Potentially Designated Historic Properties (PDHP); Survey rating: C3.

Service Delivery District:

1

City Council District:

3

Status:

Pending

Action to be Taken:

Decision on application based on staff report and public testimony

Finality of Decision:

Appealable  to City Council

For Further Information:

Contact case planner Pete Vollmann at (510) 238-6167  or by email at mkimelberg@oaklandnet.com

 

 

3.

Location:

311  2nd Street  2nd and Harrison

(APN 001-0149-007-00)

Proposal:

Demolition of the existing Meyers Plumbing Supply Warehouse and construction of 111 condominium residential dwellings above a parking podium with 1,033 sq. ft. of retail space on the ground level.

Applicant:

Phil Kerr and Molly Maybrun

Contact Person/Phone Number:

Phil Kerr and Molly Maybrun / (925) 244-6213

Owner:

The Olson Company

Case File Number:

CDV05-522

Planning Permits Required:

Minor Conditional Use Permit for parking and loading within 75’ of the front lot line; Minor Variances for the rear yard setback, minimum interior courtyard dimensions, and for parking dimensions where adjacent to a column or other obstruction; Major Design Review for a project involving 25,000 square feet of floor area.

General Plan:

Mixed Use District – Estuary Policy Plan

Zoning:

(continued on page 5)

C-45 Community Shopping Commercial /

S-4 Design Review Combining Zone

 


(continued from page 4)

Environmental Determination:

 

Infill Exemption; CEQA Guidelines Section 15332

Historic Status:

The existing building is not a Potentially Designated Historic Property; Survey rating F3. The project is directly adjacent to the Southern Pacific RR Lineman’s Bunkhouse. This building is a PDHP with a survey rating of Cb+3.

Service Delivery District:

Downtown Metro

City Council District:

3

Status:

Staff Report (findings contained)

Action to be Taken:

Decision based on staff report

Finality of Decision:

Appealable to City Council within 10 days

For Further Information:

Contact case planner Heather Klein at 510 238-3659 or by e-mail at hklein@oaklandnet.com.

 

 

4.

Location:

Head Royce School;

4233, 4309, and 4315 Lincoln Ave and 4274 Whittle Ave;

(APN: 029A-1367-001-07 through 029A-1367-006-01)

Proposal:

Implementation of a phased Master Plan and an increase in enrollment by 180 students for a total of 880 students. The first phase includes conversion of the existing Upper School to the Middle School; renovation of the library; and construction of a new Upper School quadrangle and identifiable school entrance along Lincoln Avenue. Later phases include replacement of the existing auditorium; demolition of the Lower School building and former Upper School library; and construction of 2 new buildings to define a Lower School quadrangle, an arts center, and  Middle School classrooms.

Applicant:

John Malick and Associates

Contact Person/Phone Number:

John Malick / (510) 595-8042

Owner:

Head Royce School

Case File Number:

PUD04-400; PUDF05-339; ER04-0014

Planning Permits Required:

Planned Unit Development (Preliminary Development Plan and Final Development Plan); and Amendments to the previous Conditions of Approval.

General Plan:

Detached Unit Residential and Hillside Residential

Zoning:

R-30 One Family Residential Zone

Environmental Determination:

Mitigated Negative Declaration prepared. Public comment period ends January 3, 2006.

Historic Status:

The existing buildings are not Potentially Designated Historic Properties (PDHP).

Service Delivery District:

IV – Fruitvale

City Council District:

4

Status:

Staff Report (findings contained)

Action to be Taken:

Decision based on staff report

Finality of Decision:

Appealable to City Council within 10 days

For Further Information:

Contact case planner Heather Klein at 510 238-3659 or by e-mail at hklein@oaklandnet.com.

 


 


5.

Location:

Kenilworth Road (off Strathmoor Drive, in the general area between Drury Road and Norfolk Road) (APN 048H-7615-007-00)

Proposal:

The proposed project would provide for the construction of seven single-family dwellings by means of a Planned Unit Development (PUD).  The proposed PUD includes the following components:  (1) a tentative parcel map to subdivide four existing lots as follows:  existing lot nos. 1 and 2 would be merged into one lot, existing lot no. 3 would remain, and existing lot no. 4 would be divided into four lots and a designated remainder for a total of seven lots: (2) development of the project site and footprints for seven custom-built, single-family residences, including parking, landscaping, and post-construction stormwater management facilities; (3) roadway improvements, including widening and paving the unpaved portion of Kenilworth Road; (4) wildland fire protection; (5) geotechnical stabilization of the site and of upslope properties; and (6) enhancement and protection of a small on-site wetland and drainage course, including establishment of a creek boundary conservation easement and (7) various other improvements incorporated as part of the project that address lighting, air quality, trees, archeological, seismic, erosion, hazardous materials, water quality, noise and solid waste.

Applicant/Owner:

Eva Gero and David McDonald

Contact Person/Phone Number:

David McDonald (707) 477-2389

Case File Number:

PUD 04-195, ER 040006, CP04068, TPM 8228

Planning Permits Required:

Planned Unit Development (PUD, Creek Protection Permit, and a Tentative Parcel Map to provide for the construction of seven single-family dwellings.

General Plan:

Hillside Residential

Zoning:

R-30, One-Family Residential Zone, S-14 Community Restoration Combining Zone, and S-18 Mediated Residential Design Review Combining Zone.

Environmental Determination:

A Draft Focused Environmental Impact Report has been prepared.  The public comment period began on December 5, 2005 and ends on January 19, 2006.

Historic Status:

Vacant Parcel – No Historic Status

Service Delivery District:

II

City Council District:

1

For Further Information:

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

 


 

6.                            Location:

Citywide

Proposal:

Amend Table 2 of the Guidelines for Determining Project Conformity with the General Plan and Zoning Regulations to include an interpretive footnote for Drive-Through Facilities in the Neighborhood Center Mixed Use land use which establishes a special “integrated mixed-use” case of Drive-Through facilities whose conformity with the General Plan is “not clear”  

Applicant:

City Planning Commission

Case File Number:

REV-050029

General Plan:

Neighborhood Center Mixed Use


Zoning:

Various

Environmental Determination:

Exempt, Section 15268 of the State CEQA Statutory Guidelines; Ministerial decision with no possibility that the action may have a significant effect on the environment

Service Delivery Districts:

1-6

City Council Districts:

1-7

Status:

Pending

Action to be Taken:

(continued on page 5)

Decision on recommendation forwarded from the zoning Update Committee

(continued from page 4)

Staff Recommendation:

Recommend approval of an amendment to the Guidelines that interprets a sub-set of “integrated mixed-use” Drive-Through Facilities in the Neighborhood Center Mixed Use land use designation whose conformity with the General Plan is determined to be “not clear”

Finality of Decision:

Amendments to the Guidelines are final subject to City Planning Commission approval and appealable to the City Council

For Further Information:

Contact David Ralston at 510-238-2970 or dralston@oaklandnet.com

 

 

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.

 

 

COMMISSION BUSINESS    

Approval of Minutes: November 16, 2005, December 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: January 18, 2006