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:           Landmark Preservation Advisory Board (LPAB) Adaptive                                                            Reuse Ordinance

      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, 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

1.

Location:

415 24^th Street (also know as 2355 Broadway)

(APN: 008-0666-006-00)

Proposal:

Conversion of an existing commercial building to consist of 24 condominiums above 3,671 sq. ft. of ground floor retail and a parking podium.

Applicant:

2355 Broadway, LLC

Contact Person/Phone Number:

Kathleen O’Connell / (510) 452-2944

Owner:

2355 Broadway, LLC

Case File Number:

CDV05-172

Planning Permits Required:

Interim Conditional Use Permit for a residential density that exceeds the zoning but is consistent with the General Plan; Minor Variances for the setback for living room windows; the maneuvering aisle dimension; the dimensions of parking spaces in general and when located against a wall or other obstruction; the number of required commercial parking spaces; and Design Review.

General Plan:

Community Commercial

Zoning:

C-40 Community Thoroughfare Commercial Zone  

S-19 Broadway Auto Row Interim Study Combining Zone

C-60 City Service Commercial Zone

Environmental Determination:

Infill Exemption; CEQA Guidelines Section 15332

Historic Status:

The existing building is known as the Packard & Maxwell-DonLee-Western Auto Building. It is rated B+a1+ and is a Designated Historical Property (DPH). The building is also an anchor and primary contributor to the 25th Street Garage Historic District, an Area of Primary Importance (API).

Service Delivery District:

Downtown Metro

City Council District:

3

Status:

Staff Report (findings contained)

Action to be Taken:

Recommendation for Approval

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.

2.

Project Name:

100 Grand

Location:

124 Grand Avenue & 2264 Webster Street (APNs 008-0655-007-00 & 008-0655-009-01)

Proposal:

Construct a new 22-story high-rise residential building containing 236 dwelling units, five joint living and working quarters (live-work units), and 5,415 square feet of ground-floor commercial space.

Applicant:

Essex Property Trust, Inc.

Contact Person/Phone Number:

John D. Eudy / (650) 849-1600

Owner:

Essex Property Trust, Inc.

Case File Number:

CMD05-177

Planning Permits Required:

Regular Design Review to allow construction of a new residential facility; Major Conditional Use Permit to allow a development involving more than 100,000 square feet of new floor area and measuring more than 120 feet in height; Interim Conditional Use Permit to exceed the maximum density permitted by the zoning and to allow the construction of new joint living and working quarters (live-work units)

General Plan:

Central Business District

Zoning:

C-55 Central Core Commercial Zone; S-4 Design Review Combining Zone; S-17 Downtown Residential Open Space Combing Zone

Environmental Determination:

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

Historic Status:

No historic record

Service Delivery District:

2

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

3.

Location:

2631 11^th Avenue (022-0343-002-01)

Proposal:

To add a 300 square foot, outdoor, platform/stage area to Bella Vista Park.

Applicant/Owner:

City of Oakland, Public Works Agency

Contact Person/Phone Number:

Lily Soo Hoo (510) 238-6605

Case File Number:

CM04-288

Planning Permits Required:

Major Conditional Use Permit for an outdoor stage within a Neighborhood Park

General Plan:

Mixed Housing Type Residential

Zoning:

OP (NP), Open Space Zone (Neighborhood Park)

Environmental Determination:

Exempt 15301; State CEQA Guidelines, Existing Facilities

Historic Status:

No Historic Rating

Service Delivery District:

III

City Council District:

2

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

4.

Location:

1800 57^th Avenue (APN 038 -3237-037-00) (4/26/05)

Proposal:

To convert 26 existing rental units into condominiums.

Applicant:

John Gutierrez

Contact Person/Phone Number:

John Gutierrez (510)647-0600

Owner:

Branislav Jovanovic/Marianne Steele

Case File Number:

TTM7627

Planning Permits Required:

Tentative Tract Map for a condo conversion involving 5 or more existing units.

General Plan:

Mixed Housing Type Residential

Zoning:

R-50 Medium Density Residential Zone

Environmental Determination:

Exempt, Section 15301 of the State CEQA Guidelines; Minor Alterations to Existing Facilities and 15315, Minor Land Divisions.

Historic Status:

Potential Designated Historic Property (PDHP); survey rating: C3

Service Delivery District:

5

City Council District:

6

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

5.

Location:

862 98^th Avenue (045-5230-001-01) and (045-5230-003-03)

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/ Ron Basarich (510)238-6357

Case File Number:

ZR05-313

Planning Permits Required:

Zoning Review for confirmation of zoning

General Plan:

Business Mix

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:

6

City Council District:

7

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

6.

Location:

Mandela Parkway/Peralta (007-0577-003-02)

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:

ZR05-315

Planning Permits Required:

Zoning Review for confirmation of zoning

General Plan:

Business Mix

Zoning:

M-30/S-4 General Industrial Zone

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

7.

Location:

Grandview Drive (048H-7602-012)

Grandview Drive (048H-7602-013)

Grandview Drive (048H-7602-014)

Grandview Drive (048H-7602-015)

Proposal:

To determine the appropriate zoning classification of four, City-owned surplus properties 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:

ZR05-316

Planning Permits Required:

Zoning Review for confirmation of zoning

General Plan:

Hillside Residential

Zoning:

R-30/S-14/S-18 One Family Residential Zone

Environmental Determination:

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

Historic Status:

No historic record

Service Delivery District:

2

City Council District:

1

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

8.

Location:

14^th Street (003-0071-024-00)

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:

ZR05-317

Planning Permits Required:

Zoning Review for confirmation of zoning

General Plan:

Central Business District

Zoning:

C-51/S-17 Central Business Service Commercial Zone

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

9.

Location:

8^th Street and Filbert (004-0007-001-01)

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:

ZR05-318

Planning Permits Required:

Zoning Review for confirmation of zoning

General Plan:

Urban Residential

Zoning:

R-60 Medium-High Residential Zone

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 Michael Kimelberg at (510) 238-6935  or by email at mkimelberg@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.

10.

Location:

7005 & 7009 Skyline BLVD. APN # 048G-7448-013 & 048G-7448-014

Proposal:

Appeal of Environmental Services Creek decision that waterway on property is a creek.

Appellants/Owners:

Malkeet Singh & Mikail Nijjar

Case File Number:

A05188

General Plan:

Hillside Residential

Zoning:

R-30 One-Family Residential Zone, S-10 Scenic Route Combining Zone, S-11 Site Development and Design Review Combining Zone

Environmental Determination:

The appeal has been determined to be exempt from environmental review under California Environmental Quality Act (CEQA); Section 15307 and/or 15308

Historic Status:

No historic record

Service Delivery District:

SDS

City Council District:

District No.

Status:

The determination letter was dated April 15, 2005.  An appeal of the creek determination was filed on April 25, 2005.

Staff recommendation:

Uphold the staff determination that the waterway on the appellants' property is a creek.

Finality of Decision

Planning Commission decision is a final, non-appealable decision

For further information:

Contact Ali Schwarz at (510) 238-7074 or by email at aschwarz@oaklandnet.com.

COMMISSION BUSINESS    

      Approval of Minutes           

      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:   JULY 20, 2005