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

January 18, 2006

Regular Meeting

 

 

Revised 

 

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:

2681 Fruitvale Avenue

Assessors Parcel Numbers:

026-0770-015-01

Proposal:

Construct a mixed use development consisting of 2 dwelling units over 2,791 sq. ft. of commercial space in a new building that is located on the same lot as an existing mixed use building that consists of 2 dwelling units and 3,075 sq. ft. of commercial space.  Request for Modification of Previous Conditions of Approval.

Applicant:

Minxi Liu / Urban Impression

Contact Person/Phone Number:

Minxi Liu, (510) 763-6838

Owner:

Khai Lu

Case File Number:

CMD05-506/REV05-030

Planning Permits Required:

Major Conditional Use Permit for a commercial activity located within a residential zone, Regular Design Review to construct a new building. Request to Modify VM01-439.                                                 

General Plan:

Mixed Housing Type Residential

Zoning:

C-20 Shopping Center Commercial Zone / R-50 Medium Density Residential Zone

Environmental Determination:

Exempt, Section 15301 (Existing Facilities) of the State CEQA Guidelines

Historic Status:

Not a Potential Designated Historic Property; Survey rating: X

Service Delivery District:

4

City Council District:

5

Status:

Pending

Action to be Taken:

Adopt findings to approve the application

Finality of Decision:

Appealable to City Council

For Further Information:

Contact case planner Leigh McCullen at 510-238-4977 or by e-mail: lmccullen@oaklandnet.com


 

2.

Location:

5100-5110 Telegraph Avenue, 450-478 51st Street & 5107 Clarke Street (APNs 014-1226-003-03, -004-03, -005-02, -006-02, -007-02, -008-00, -009-01, -009-02 & -014-00)

Proposal:

Construct a new mixed-use development consisting of 67 residential units and 2,990 square feet of commercial space.

Applicant/Owner:

5110 Telegraph Avenue, LLC

Contact Person/Phone Number:

Roy Alper / (510) 550-7177

Case File Number:

CMDV05-469

Planning Permits Required:

Major Interim Conditional Use Permit to allow an increase in the residential density pursuant to the Neighborhood Center Mixed Use General Plan Land Use Classification; Major Variance to allow an increase in residential density pursuant to the Mixed Housing Type Residential General Plan Land Use Classification; Regular Design Review (Planning Commission) to construct more than 25,000 square feet of new floor area; and Minor Variances to allow: 1) Building height up to 65 feet where 40 feet is the maximum allowed and building height up to 59 feet where 25 to 30 feet is the maximum allowed; 2) Front yard setback of three feet where 20 feet is the minimum required; and 3) Courtyard between buildings measuring 10 feet where 39 feet is the minimum required and 16 feet where 50 feet is the minimum required.

General Plan:

Neighborhood Center Mixed Use & Mixed Housing Type Residential

Zoning:

C-28 Commercial Shopping District Commercial Zone (portion of site); R-35 Special One-Family Residential Zone (portion of site); R-40 Garden Apartment Residential Zone (portion of site); S-18 Mediated Residential Design Review Combing Zone

Environmental Determination:

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

Historic Status:

Not a Potentially Designated Historic Property (the site is vacant)

Service Delivery District:

2

City Council District:

1

Status:

The application was previously reviewed by the Design Review Committee on November 16, 2005.

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 Darin Ranelletti at (510) 238-3663 or by email at dranelletti@oaklandnet.com

 

3.

Location:

Block T-12 in City Center bounded by Martin Luther King, Jr. Way, 12th Street, Jefferson Street, and 11th Street.

Proposal:

Construction of a residential project containing up to 450 townhouse-style, loft and residential flats located within two high rise towers, one with up to 24 stories (+/-266’) and the other with up to 20 stories (+/-230’), and containing three underground parking levels with a minimum of 450 stalls.   

Project sponsor:

Shorenstein Realty Investors Three, L.P.

Owner:

City of Oakland Redevelopment Agency

Case File Number(s):

PUDF05-611

Planning Permits Required:

Final Planned Unit Development for Block T-12 and Design Review.

General Plan:

Central Business District

Zoning:

C-51 Central Business Service Commercial Zone/S-17 Downtown Residential Open Space Combining Zone

Environmental Determination:

An Environmental Impact Report was certified in April, 2000 for the City Center project; an Addendum to the City Center EIR was prepared in June 2005 and will be relied upon for this report.

Historic Status:

N/A  (vacant site)

Service Delivery District:

Downtown/West Oakland/Harbor

City Council District:

3

Status:

Staff report includes findings for approval

Action to be Taken:

Approve the Final Planned Unit Development and Design Review. 

Finality of Decision:

Appealable to City Council

For further information:

Contact case planner Rick Tooker at (510) 238-6281 or by e-mail at ricktooker@sbcglobal.net

 

This item has been continued to February 1, 2006.

4.

Location:

200-228 Broadway and 419-447 3rd Street

 (APN: 001-0141-002-01, 001-0141-005-01,

001-0141-003-00, 001-0141-006, and 001-0141-011-00)

Proposal:

Revisions to project case file number CMDV02-0033 approved on June 12, 2002. The revisions include demolition of an additional commercial building (200 Broadway) and modifications to:

  1. Proposed facades;
  2. Total lot area (+3,750 sq. ft.);
  3. Number of units (+19);
  4. Open Space;
  5. Parking; and
  6. Other related changes.

Applicant:

Walter Cohen

Contact Person/Phone Number:

Walter Cohen / (415) 221-2534

Owner:

PPD 222 Broadway I, LLC & Chen Lu

Case File Number:

REV05-013; TPM8814

Planning Permits Required:

Approval of a Major Conditional Use Permit (for parking, loading, and driveways within 75’ of the front lot line), Variance permit for width of parking spaces, and design review were granted at the June 12, 2002 Planning Commission meeting.

 

The proposed changes require additional Design Review approval for new construction and a new Variance permit for loading.

General Plan:

RD &E-2; Retail Dining Entertainment, Phase 2 (Estuary Policy Plan)

Zoning:

C-45 Community Shopping Commercial Zone /

S-4 Design Review Combining Zone

Environmental Determination:

Addendum has been prepared to previously certified EIR

Historic Status:

No CEQA historic resources on the project site nor is the site located in a historic district.

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

.

 

5.

Location:

116 6th Street  (APN: 001-0173-009-00 )

Proposal:

Construction of an 11-story residential building containing 80 units.

Applicant:

Willie Cook

Contact Person/Phone Number:

Willie Cook / (510) 528-9074

Owner:

6th & Oak Street, LLC

Case File Number:

CMDV05-516

Planning Permits Required:

Interim Major Conditional Use Permit for a density that exceeds the zoning but is consistent with the General Plan; Minor Variances for the rear yard setback and dimension of parking space against a wall or other obstruction; Design Review. A Tentative Parcel Map will be considered under separate permit.

General Plan:con

(continued on page 7)

Central Business District


 

(continued from page 6)

Zoning:

 

C-40 Community Thoroughfare Commercial

S-4 Design Review Combining Zone /

S-17 Downtown Residential Open Space Combining Zone

Environmental Determination:

Infill Exemption; CEQA Guidelines Section 15332

Historic Status:

The project site is a vacant lot. The project is directly adjacent to several Potentially Designated Historic Properties (PDHP’s) with survey ratings of C1+. These properties are located within the 7th Street / Harrison Square Residential Historic District. This district is an Area of Primary Importance eligible for inclusion on the National Register of Historic Places.

Service Delivery District:

Downtown Metro

City Council District:

2

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

.

 

6.

Location:

801 International Boulevard (020-0121-001-00, 020-0121-002-00, 020-0121-009-00)

Proposal:

Construct a five story mixed use building containing 44 dwelling units, 10,175 square feet of ground floor commercial space, and underground parking.

Applicant:

Allen Yee

Contact Person/Phone Number:

Allen Yee (510) 839-1200

Case File Number:

CDV05-097

Planning Permits Required:

Minor Interim Conditional Use Permit for increased density consistent with the General Plan, Minor Variance to apply the S-12 dimensional requirements for parking spaces and maneuvering aisles, and Regular Design Review for new construction in excess of 25,000 square feet

General Plan:

Neighborhood Center Mixed Use and Housing and Business Mix

Zoning:

C-40 Community Thoroughfare Commercial Zone

Environmental Determination:

Exempt 15332; State CEQA Guidelines, Infill Development Project


Historic Status:

Potentially Designated Historic Property. Survey Rating: Dc3

Service Delivery District:

III

City Council District:

3

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

 

7.

Location:

1158 14th Street (APN 005-0378-017-01)

Proposal:

To subdivide an 12,967.5 sq. ft. parcel into six Mini-Lots ranging in size from 1,929 sq. ft. to 2,625 sq. ft. and to construct a new single-family dwelling on each lot. 

Owner:

Bobbie and Arrece Jameson

Contact Person/Phone Number:

Michael McGhee (510) 238-6485

Case File Number:

CDV05-421

Planning Permits Required:

Tentative Tract Map for a 6-lot subdivision, Minor Conditional Use Permit to create a Mini-Lot Development containing six new residential units, Minor Variance to allow a reduced rear yard setback of 5’-0” (where 10’-0” is required), and Regular Design Review for new residential construction.

General Plan:

Mixed Housing Type Residential

Zoning:

R-70 High Density Residential Zone, S-20 Historic Preservation District Combining Zone

Environmental Determination:

Exempt; State CEQA Guidelines, Section 15332 Infill Development Project; Section 15315 Minor Land Divisions; Section 15303

Historic Status:

No Historic Status, Vacant Parcel

Service Delivery District:

III

City Council District:

3

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

 

8.

Location:

2721 E 16th Street (APN 025-0712-003-00)

Proposal:

To add a third residential unit onto a lot with two existing dwellings.

Applicant:

Jose Manuel Valdes

Contact Person/Phone Number:

(510)728-0346

Owner:

Hector C. Duenas

Case File Number:

CMDV05-265

Planning Permits Required:

Major Conditional Use Permit for a third unit in the R-40 Zone, Regular Design Review, Minor Variance to reduce the minimum backing distance of 24’ to 21’.

General Plan:

Mixed Housing Type Residential

Zoning:

R-40 Garden Apartment Residential Zone

Environmental Determination:

Exempt, Section 15303 of the State CEQA Guidelines; construction of a new single-family dwelling

Historic Status:

Not a Potential Designated Historic Property; Survey Rating: D3

Service Delivery District:

4

City Council District:

5

Status:

Pending

Action to be Taken:

Based on staff report

Finality of Decision:

Appealable to City Council

For Further Information:

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

 

9.

Location:

2847 Peralta Street (APN’s: 007-0589-016-00; -017-00; -018-02; -018-03; & -023-00)

Proposal:

New Construction of 76 Residential Units, 24 Live Work Units, and 3,200 square feet of ground floor commercial “workshop” spaces.

Applicant:

William Lightner/ Lightner Properties Group

Contact Person/Phone Number:

(415) 267-2900

Owner:

Peralta Street, LLC

Case File Number:

CMDV05-476 & TPM-8837

 

Planning Permits Required:

 

Major Interim Conditional Use Permit to allow new construction of residential units in the M-30 Zone, Regular Design Review for New Construction, Minor Variance request for parking (113 spaces required; 108 spaces proposed – 147 total parking spaces will be provided with tandem spaces included), and Tentative Parcel Map for Condominiums.

General Plan:

Housing and Business Mix / Business Mix

Zoning:

M-30/S-16/R-36, General Industrial Zone/ Industrial – Residential Combining Zone/ Small Lot Residential Zone.

Environmental Determination:

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

Historic Status:

2829 Helen Street is a Potentially Designated Historic Property(PDHP); rating: D2+

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.

 

10.

Location:

Claremont Canyon  (APN: 048H-7699-009-00)                   

Proposal:

To determine the appropriate zoning classification of one, City-owned surplus property prior to the potential exchange of property with East Bay Regional Parks pursuant to Ordinance No. 11602 C.M.S.

Applicant:

City of Oakland

Contact Person:

Phone Number:

City of Oakland Real Estate Services Division, William Wilkins

(510) 238-6358

Owner:

City of Oakland

Case File Number:

ZR06-001

Planning Permits Required:

Zoning Review to determine the appropriateness of the current zoning.

General Plan:

Hillside Residential

Zoning:

R-20 Low Density Residential Zone, S-4 Design Review Combining Zone, S-18 Mediated Residential Design Review Combining Zone

Environmental Determination:

Exempt, Section 15325 (f) of the State CEQA Guidelines; transfer to preserve open space or lands for park purposes.

Historic Status:

No Historic Record

Service Delivery District:

(continued on page 10)

2

(continued from page 9)

City Council District:

Status:

Action to be Taken:

 

Finality of Decision:

 

2

Pending

Determination of appropriate zoning classification and recommendation to the City Council based on staff report

Recommendation to the City Council

For further information:

Contact case planner Mike Rivera at (510) 238-6417 or by email at mrivera@oaklandnet.com

 

11.

Location:

Sky Line Blvd at Waterloo  (APN: 048D-7291-004-00)                    

Proposal:

To determine the appropriate zoning classification of one, City-owned surplus property prior to the potential exchange of property with East Bay Regional Parks pursuant to Ordinance No. 11602 C.M.S.

Applicant:

City of Oakland

Contact Person:

Phone Number:

City of Oakland Real Estate Services Division, William Wilkins

(510) 238-6358

Owner:

City of Oakland

Case File Number:

ZR06-003

Planning Permits Required:

Zoning Review to determine the appropriateness of the current zoning designation.

General Plan:

Hillside Residential

Zoning:

R-30 One Family Residential Zone, S-10 Scenic Route Combining Zone

Environmental Determination:

Exempt, Section 15325 (f) of the State CEQA Guidelines; transfer to preserve open space or lands for park purposes.

Historic Status:

No Historic Record

Service Delivery District:

2

City Council District:

Status:

Action to be Taken:

 

Finality of Decision:

4

Pending

Determination of appropriate zoning classification and recommendation to the City Council based on staff report

Recommendation to the City Council

For further information:

Contact case planner Mike Rivera at (510) 238-6417 or by email at mrivera@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.

12.

Location:

9241 Golf Links Road (043A-4758-028-06)

Proposal:

Appeal of the Zoning Administrator’s denial of a Tentative Parcel Map to subdivide a 22,633 square foot lot into three lots.

Owner:

Tanya J. Garibaldi

Contact Person/Phone Number:

David Claydon (925) 946-9321

Case File Number:

A05-100 (Appeal of TPM8392)

Planning Permits Required:

Appeal of the Zoning Administrator’s denial of a Tentative Parcel Map to subdivide a 22,633 square foot lot improved with a single-family into three lots to provide for the construct of two single-family dwellings.

General Plan:

Detached Unit Residential

Zoning:

R-30 One Family Residential Zone

Environmental Determination:

No Determination, Section 15270 of the State CEQA Guidelines

Historic Status:

Not a Potentially Designated Historic Property, Survey Rating D3

Service Delivery District:

VI

City Council District:

7

Status:

Pending

Action to be Taken:

Uphold the Zoning Administrator’s Decision and deny the appeal.

Finality of Decision:

Final

For Further Information:

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

COMMISSION BUSINESS    

      Approval of Minutes:           November 16, 2005, December 7, 2005, January 4, 2006                         

      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:   February 1, 2006