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Oakland City Planning Commission AGENDA |
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Kenneth S. Katzoff, Chair Clinton Killian, Vice Chair Nicole Franklin Viola Gonzales Colland Jang Glen Jarvis Michael Lighty |
JUNE 5, 2002 Regular Meeting
CLOSED SESSION 5:15 - 6:15 P.M.City Attorney’s Conference Room, 6th Floor
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COMMITTEE MEETING |
City Hall, One Frank H. Ogawa Plaza Conference with the City Attorney pursuant to California Government Code Section 54956.9(a) regarding: The Burmeister Family Trust v. City of Oakland |
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BUSINESS MEETING 6:30 P.M.City Council Chambers, 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: May 15, 2002Agenda Discussion Correspondence City Council Actions: May 21 and May 28, 2002 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.
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1. |
Location: |
646 Hegenberger Road (APN: 042-4318-013-04) |
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Proposal: |
To locate a vehicular food vending facility (taco truck) on a corner lot. |
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Applicant: |
Efrain Galindo |
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Owner: |
Michael Ahmadi of SaveOn, Inc. |
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Case File Number: |
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Planning Permits Required: |
Major Conditional Use Permit for the vehicular food vending facility, which, outside those areas of the City subject to the Vehicular Food Vending Pilot Program, is considered a Fast Food Restaurant Commercial Activity. |
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General Plan: |
Regional Commercial |
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Zoning: |
C-36 / S-4, Gateway Boulevard Service Commercial / Design Review Combining Zone |
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Environmental Determination: |
Exempt, Section 15311, State CEQ Guidelines, placement of minor structures accessory to existing commercial, industrial, or institutional facilities. |
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Historic Status: |
Not a Potential Designated Historic Property; OCHS Rating: F3 |
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Service Delivery District: |
VI – Elmhurst |
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City Council District: |
7 |
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Status: |
Continued from May 15, 2002 with Planning Commission direction to prepare findings and conditions for approval for a limited two-year duration. |
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Action to be Taken: |
Decision on application based on staff report. |
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For further information: |
Contact case planner Rodrigo Orduña at 510-238-6809. |
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2. |
Location: |
191 98th Avenue (APN: 044-5020-002-17) |
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Proposal: |
To locate a vehicular food vending facility (taco truck) at the front of a corner lot. |
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Applicant: |
Pedro Saavedra Benitez |
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Owner: |
Bob Watson of Parking Company of America |
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Case File Number: |
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Planning Permits Required: |
Major Conditional Use Permit for the vehicular food vending facility, which, outside those areas of the City subject to the Vehicular Food Vending Pilot Program, is considered a Fast Food Restaurant Commercial Activity. |
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General Plan: |
Business Mix |
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Zoning: |
C-36, Gateway Boulevard Service Commercial Zone |
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Environmental Determination: |
Exempt, Section 15311, State CEQ Guidelines, placement of minor structures accessory to existing commercial, industrial, or institutional facilities. |
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Historic Status: |
Not a Potential Designated Historic Property; OCHS Rating: F3 |
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Service Delivery District: |
VI – Elmhurst |
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City Council District: |
7 |
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Status: |
Continued from May 15, 2002 with Planning Commission direction to prepare findings and conditions for approval for a limited two-year duration. |
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Action to be Taken: |
Decision on application based on staff report. |
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For further information: |
Contact case planner Rodrigo Orduña at 510-238-6809. |
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3. |
Location: |
999 98th Avenue (APN: 044-4989-010-02) |
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Proposal: |
To locate a vehicular food vending facility (taco truck) at the front of a 4.46 acre lot. |
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Applicant: |
Jorge Martinez |
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Owner: |
99 98th Avenue Associates, LLC |
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Case File Number: |
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Planning Permits Required: |
Major Conditional Use Permit for the vehicular food vending facility, which, outside those areas of the City subject to the Vehicular Food Vending Pilot Program, is considered a Fast Food Restaurant Commercial Activity. |
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General Plan: |
General Industrial and Transportation |
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Zoning: |
M-30, General Industrial Zone |
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Environmental Determination: |
Exempt, Section 15311, State CEQ Guidelines, placement of minor structures accessory to existing commercial, industrial, or institutional facilities. |
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Historic Status: |
Potential Designated Historic Property; OCHS Rating: Fc?3 |
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Service Delivery District: |
VI – Elmhurst |
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City Council District: |
7 |
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Status: |
Continued from May 15, 2002 with Planning Commission direction to prepare findings and conditions for approval for a limited two-year duration. |
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Action to be Taken: |
Decision on application based on staff report. |
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For further information: |
Contact case planner Rodrigo Orduña at 510-238-6809. |
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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.
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4. |
Location: |
Oakland Army Base Redevelopment Area |
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Proposal: |
Public hearing on the adequacy of the Draft Environmental Impact Report (DEIR) as a public information document to identify potential impacts, recommend feasible mitigation measures and consider feasible alternatives to the Oakland Army Base Redevelopment Project and OARB Reuse Plan. |
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Applicant: |
City of Oakland/Oakland Redevelopment Agency |
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Case File Number: |
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General Plan: |
Business Mix, General Industrial/Transportation |
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Zoning: |
M-40 Heavy Industrial, M-30 General Industrial, M-20 Light Industrial and S-16 Industrial-Residential Transitional Combining Zones. |
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Environmental Determination: |
Notice of Preparation of DEIR filed August 15, 2001. Public Scoping Sessions on DEIR held September 13 and 19, 2001. DEIR prepared and released on April 28, 2002 for 45-day comment period. Public comment period closes on June 12, 2002 at 4:00 p.m.. |
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Historic Status: |
A number of historic resources have been identified in the Redevelopment Project Area, including a national register eligible Historic District at the Oakland Army Base. |
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Service Delivery District: |
1-West Oakland |
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City Council District: |
3 |
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Action to be Taken: |
Hold a public hearing on the Draft Environmental Impact Report. Close the public hearing on the DEIR, but continue to accept written comments on the DEIR until 4:00 p.m. on June 12, 2002.. |
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For further information: |
Contact Elois A. Thornton, CEDA Base Reuse Unit, at 510-238-6284 or eathornton@oaklandnet.com |
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5. |
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. |
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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. |
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Owner/Applicant: |
Ronnie Rogers |
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Case File Numbers: |
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Planning Permits Required: |
Major Conditional Use Permit for a Shared Access Facility that serves lots exceeding one acre. |
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General Plan: |
Hillside Residential |
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Zoning: |
R-30 One-Family Residential Zoning District and S-14 Community Restoration Development Combining Zone |
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Environmental Determination: |
Mitigated Negative Declaration Prepared. Comment period ended June 5, 2002 |
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Historic Status: |
Non-historic property (NHP); survey rating: N/A |
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Service Delivery District: |
II - North Hills |
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City Council District: |
1 |
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Status: |
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 (the environmental document required under the California Environmental Quality Act) 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. |
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Action to be Taken: |
Decision on application based on staff report. |
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For further information: |
Contact case planner Neil Gray at 510-238-3878 or ngray@oaklandnet.com. |
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ADJOURNMENT By 10:30 P.M. unless a later time is agreed upon by a majority of Commissioners present.
SCOTT HARRIMAN Secretary
NEXT SPECIAL MEETING: JUNE 12, 2002 |