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Oakland City Planning Commission
AGENDA


Kenneth S. Katzoff, Chair

Clinton Killian, Vice Chair

Nicole Franklin

Viola Gonzales

Colland Jang

Glen Jarvis

Michael Lighty

June 19, 2002

Regular Meeting

 

COMMITTEE MEETING

4:00 P.M.

Hearing Room 1, City Hall

One Frank H. Ogawa

The Zoning Update Committee will convene at 4:00 p.m. Please see separate committee agenda.

 

 

MEAL GATHERING 5:00 P.M.

Le Cheval Restaurant, 1007 Clay 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.

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 clicking on "City Boards and Commissions" located on the City of Oakland Homepage under the City Resources heading. Click on Planning Commission, then Planning Commission Agenda. Staff reports are available by clicking on the highlighted case file number. For further information, please call 510-238-3941.

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.

 

ROLL CALL

WELCOME BY THE CHAIR

COMMISSION BUSINESS

Approval of Minutes: June 5, 2002

Agenda Discussion

Correspondence

City Council Actions: June 4, June 11, and June 18, 2002

Director's Report Creek Ordinance - Presentation and Discussion

Committee Reports Report from Zoning Update Committee on meeting of June 19, 2002.

Commission Matters Election of Planning Commission Officers

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:

41 Tunnel Road(The Claremont Resort and Spa)

Proposal:

Clarification of motion adopted by the Planning Commission on March 6, 2002. Motion contains a recommendation to the City Council to rezone the historic hotel building to Landmark designation and to rezone the grounds to add S-4 Design Review Combining Zone to the underlying zoning with certain additional requirements.

Applicant:

The Landmarks Preservation Advisory Board (LPAB)

Owner:

KSL Corporation

Case File Number:

LM 01-404

Planning Permits Required:

None. This public hearing is for clarification of an adopted motion only.

General Plan:

Urban Residential

Zoning:

R-70 High Density Residential Zone

R-30 One-Family Residential Zone and

S-14 Community Restoration Development Combining Zone

Environmental Determination:

Exempt, Sections 15061(b)(3), State CEQA Guidelines, "general rule", no possibility of significant effect on environment.

Historic Status:

Designated Historic Property (DHP); Survey rating: A+

Service Delivery District:

II - North Oakland

City Council District:

1

Status:

Public hearing closed and Planning Commission recommendation to City Council on March 6, 2002.

Action to be Taken:

Clarification of adopted motion based on staff report

For further information:

Contact case planner Patricia McGowan at 510-238-3063

or pmcgowan@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. 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, 20 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 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.

 

2.

Location:

2885-2895 Hannah Street and 1551 32nd Street

Assessors Parcel Number:

007-0588-002, 003, 004, 005 and 006

Proposal:

To construct two new structures each containing seven loft style residential units. Each building would be on its own parcel; the two parcels would be created through the merging and lot line adjustment of five existing parcels.

Owner/Applicant:

Drew Detsch

Case File Number:

CMDV02-086

Planning Permits Required:

Interim Conditional Use Permit for density greater than allowed by the R-36 Zoning Designation but within the density allowed by the General Plan and for residential construction within the M-30 Zone but allowed by the General Plan. Major Conditional Use Permit for more than three units in the R-36 Zone and more than six units in the R-50 "best fit" Zone. Minor Variance for front setback (20 feet required in R-36 Zone, 15 feet for the R-50 "Best Fit" Zone; no setback provided), left side setback (five feet required for the R-36 Zone and four feet required for the R-50 "best fit" Zone; no setback provided), and height (30 feet required for the R-36 and R-50 ("best fit" Zone, 47"7’ proposed). Design Review for new construction in the R-36 Zone.

General Plan:

Housing and Business Mix

Zoning:

Four lots within the R-36 Small Lot Residential Zone; One lot within the M-30 General Industrial Zone; R-50 "best fit" Zone for entire site.

Environmental Determination:

Exempt, Section 15332, State CEQA Guidelines; Infill development

Historic Status:

Potentially Designated Historic Property (PDHP); two homes exist on the site, both have a survey rating of Dc3

Service Delivery District:

I – West Oakland

City Council District:

3

Action to be Taken:

Decision on application based on staff report

For further information:

Contact case planner Neil Gray at 510-238-3878 or ngray@oaklandnet.com.

 

3.

Location:

1450-34nd Street

Proposal:

Construction of a new two-unit (three-story) residential building, with four enclosed ground floor parking spaces, at the rear of a 3,300 square foot lot and attached to an existing single family residence that will be raised to become a two-story residence for a total of three residential units.

Applicant:

Kathy Kuhner

Owner:

Suzanne DeAngelo

Case File Number:

CDV01-547

Planning Permits Required:

Interim Conditional Use Permit to exceed density allowed by the Zoning Regulations but within the maximum allowed by the General Plan; Minor Variance for new construction within the rear yard (15’ required, 5’ proposed), side yard (3’ required, 1’ proposed at first floor, steps back to conforming side yard setback at second and third floors) and front yard (10’ required, 0’proposed); and Design Review

General Plan:

Housing & Business Mix

Zoning:

R-36, Small Lot Residential Zone Regulations

Environmental Determination:

Exempt, Section 15303, State CEQA Guidelines, new construction of small structures

Historic Status:

Non-historic Property (NHP)

Service Delivery District:

I- West Oakland

City Council District:

3

Status:

Development standards within Housing and Business Mix areas were discussed at the May 30, 2002 Design Review Committee meeting with recommendations to continue review and discussions with the community. This project was not specifically discussed.

Action to be Taken:

Decision on application based on staff report

For further information:

Contact case planner Margot Lederer Prado at 510-238-6766 or by email at mprado@oaklandnet.com

 

 

4.

Location:

Fronting on Grizzly Peak and Skyline Boulevards above and approximately 500 feet south of the Caldecott Tunnel

Assessors Parcel Number:

048H-7510-007

Proposal:

To subdivide a 4.29-acre parcel into three residential lots served by one shared driveway with access on Skyline Boulevard to accommodate three new future single family homes. The project includes dedication of a public trial easement from Skyline Boulevard to connect to the existing trail on the adjacent city parks property and repair and improvement of an existing on-site storm water system.

Applicant/Owner:

Mahmood Karzai and Fakoor Popal, Commodius, LLC

Case File Number:

CM01-124, TPM 7795, ER00-16

Planning Permits Required:

Tentative Parcel Map for three-lot subdivision, Minor Conditional Use Permit for different siting of units than shown in NOHASP and for a shared access facility (driveway) with access from Skyline Boulevard.

General Plan:

Hillside Residential

Zoning:

R-10 Estate Residential, S-10 Scenic Route Combining, S-11 Site Development and Design Review Combining, S-14 Community Restoration Development Combining and S-18 Mediated Residential Design Review Combining Zones,

Environmental Determination:

Mitigated Negative Declaration prepared. Public comment period ends June 19, 2002

Historic Status:

Non-historic property (NHP); survey rating: N/A

Service Delivery District:

II - North Oakland/North Hills

City Council District:

1

Status:

On April 26, 2000, the City Planning Commission upheld a Zoning Administrators determination that a seven lot subdivision would exceed the allowable density pursuant to the North Oakland Hills Area Specific Plan (NOHASP).

Action to be Taken:

Decision on application based on staff report

For further information:

Contact case planner Scott Harriman at 510-238-6935 or by email at sharriman@oaklandnet.com

 

 

5.

Location:

1733 – 82nd Avenue

Proposal:

Construction of a new detached secondary dwelling unit and a 30 square foot laundry room addition to the rear of the existing single family dwelling

Applicant/Owner:

Elsie Miguel

Case File Number:

CMD02-152

Planning Permits Required:

Major Conditional Use Permit for secondary unit

General Plan:

Mixed Housing Type Residential

Zoning:

R-30 One-Family Residential Zone

Environmental Determination:

Exempt 15303; State CEQA Guidelines, new construction of a secondary dwelling unit in a residential zone

Historic Status:

Non-historic property (NHP), survey rating: N/A

Service Delivery District:

V – Central East Oakland

City Council District:

1, 2, 3, 4, 5 , 6

Action to be Taken:

Decision on application based on staff report

For further information:

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

 

 

6.

Location:

The shared access facility would serve two lots (APN#’s 048H-7651-053 and 048H-7651-007 directly to the northwest of Drury Court and three other lots (APN#'s 048H-7651-048, 048H-7651-049, 048H-7651-050) northwest of Drury Court.

Proposal:

Consideration of a proposal is to build an approximately 480 foot long private access road at the end of the approximately 370 foot Drury Court, an existing public street. The project would also repave Drury Court in the public right of way and make other minor road improvements. The project includes the construction of two new single family homes and a 4’ wide pedestrian pathway from the westernmost lot to Dartmouth Road.

Owner/Applicant:

Ronnie Rogers

Case File Numbers:

CU00-001, ER01-0009

Planning Permits Required:

Major Conditional Use Permit for a Shared Access Facility that serves lots exceeding one acre.

General Plan:

Hillside Residential

Zoning:

R-30 One-Family Residential Zoning District and S-14 Community Restoration Development Combining Zone

Environmental Determination:

Mitigated Negative Declaration Prepared. Comment period ended June 5, 2002

Historic Status:

Non-historic property (NHP); survey rating: N/A

Service Delivery District:

II - North Hills

City Council District:

1

Status:

Continued from the June 5, 2002 meeting. The Planning Commission approved the project on July 26, 2001. After the City Council upheld the decision of the Planning Commission on appeal, the Burmeister Family Trust challenged the approval to the Alameda Superior Court. The Court directed the City to vacate the permit and environmental review approval to address certain issues regarding the mitigated negative declaration adopted in connection with the project. Staff has revised the environmental document accordingly, circulated the new mitigated negative declaration, and is now bringing the new environmental document and the project before the Planning Commission for consideration.

Action to be Taken:

Decision on application based on staff report.

For further information:

Contact case planner Neil Gray at 510-238-3878 or ngray@oaklandnet.com.

 

APPEALS

 

The Commission will take testimony on each appeal. Following testimony, the Commission will vote on the report prepared by staff. 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.

 

7.

Location:

4150 Redwood Road

Proposal:

Appeal of Deputy Planning Director’s interpretation regarding Condition of Approval #8 (maximum permitted noise), as adopted by the Oakland City Council on July 28, 1998, in Resolution No. 74470, with respect to case CMD97-115 (new car wash facility at an existing service station).

Appellant:

David Seraynian

Property Owners:

Kenneth and Carla Betts

Case File Number:

A02-056

Planning Permits Required:

Appeal of Determination

General Plan:

Community Commercial

Zoning:

C-20, Shopping Center Commercial Zone.

Environmental Determination:

Exempt; Section 15061(b)(3), State CEQA Guidelines; "general rule" no possibility for a significant effect on the environment.

Historic Status:

Non-historic Property (NHP); survey rating: F3

Service Delivery District:

IV- Central Hills

City Council District:

4

Status:

Deputy Planning Director’s interpretation made on January 31, 2002

Action to be Taken:

Decision on application based on staff report

For further information:

Contact case planner Rodrigo Orduña at 510-238-6809.

 

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

 

SCOTT HARRIMAN

Secretary

 

NEXT MEETING: JUNE 26, 2002