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Oakland City Planning Commission AGENDA Revised April 23, 2002 |
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Kenneth S. Katzoff, Chair Clinton Killian, Vice Chair Nicole Franklin Viola Gonzales Colland Jang Glen Jarvis Michael Lighty |
MAY 1, 2002 Regular Meeting
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CLOSED SESSION 5:30 P.M.City Attorney’s Conference Room, 6th Floor City Hall, One Frank H. Ogawa Plaza
Conference with the City Attorney pursuant to California Government Code Section 54956.9(a) regarding:
1) John Allen (d.b.a. "Ace Construction & Development Corp.") v. City of Oakland
2) North Hills Phoenix Association et. al v. City of Oakland |
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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: April 17, 2002Agenda Discussion Correspondence City Council Actions: April 9, and April 17, 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.
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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1. |
Location: |
City Wide |
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Proposal: |
To amend the Oakland Planning Code to revise the definition of Health Care Civic Activities and amend related code sections to regulate activities that provide counseling and associated health care services to persons who inject illegal substances and limiting where such activities may be located. |
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Case File Number: |
ZT02-073 |
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Planning Permits Required: |
Zoning Text Change |
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Environmental Determination: |
Exempt 153061(b)(3), State CEQA Guidelines, "general rule", no possibility of significant effect on the environment. |
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Status: |
Emergency Ordinance adopted February 5, 2002. |
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Action to be Taken: |
Recommendation to City Council based on staff report |
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For further information: |
Contact case planner Chris Candell at (510)238-6986 or ccandell@oaklandnet.com |
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2. |
Location: |
518-20th Street (APN No. 008-0645-035) |
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Proposal: |
To establish a bar and cabaret in an existing building. |
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Applicant/Owner: |
Charles Clewis |
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Case File Number: |
CM02-53 |
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Planning Permits Required: |
Major Conditional Use Permit for Alcoholic Beverage Sales Commercial Activity. |
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General Plan: |
Central Business District |
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Zoning: |
C-51 Central Business Service Commercial Zone and S-17 Downtown Residential Open Space Combining Zone |
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Environmental Determination: |
Exempt, Section 15301; State CEQA Guidelines; minor alterations to existing facility |
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Historic Status: |
Non-historic property (NHP) |
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Service Delivery District: |
I – West Oakland |
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City Council District: |
3 |
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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 Jacob Graef at (510) 238-6415 or jgraef@oaklandnet.com |
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Note: Item #2 has been continued for further review and submittal requirements from the applicant. A subsequent hearing will be scheduled and noticed. |
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3. |
Location: |
8823 Thermal Street (APN:048A-4638-010-01) |
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Proposal: |
To legalize a ground floor secondary unit and create a 315 square foot first story addition. |
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Applicant: |
Domingo Santuiste |
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Owner: |
Virginia and Stephen Johnson, Sr. |
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Case File Number: |
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Planning Permits Required: |
Major Conditional Use Permit to construct a secondary unit in the R-30 Zoning District, minor variance for an unroofed parking space located two feet from a street line (5’-0" required). |
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General Plan: |
Detached Unit Residential |
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Zoning: |
R-30, One Family Residential Zone |
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Environmental Determination: |
Exempt, Section 15301; State CEQA Guidelines; minor alterations to an existing facility |
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Historic Status: |
Non-historic Property (NHP) |
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Service Delivery District: |
VI – South Hills |
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City Council District: |
7 |
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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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4. |
Location: |
308 Warwick Avenue |
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Assessors Parcel Numbers: |
010-0786-022-00 |
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Proposal: |
To a raise an existing single family residence and create a second unit on the ground floor |
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Owner/Applicant: |
Michael Palmquist & Jewel Jauregui |
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Case File Number: |
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Planning Permits Required: |
Major Conditional Use Permit for a second unit |
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General Plan: |
Mixed Housing Type Residential |
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Zoning: |
R-35, Special One Family Residential and S-12, Residential Parking Combing Zones |
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Environmental Determination: |
Exempt 15301; State CEQA Guidelines, minor alterations to existing facility |
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Historic Status: |
Non Historic Property (NHP); survey rating: NA |
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Service Delivery District: |
III – San Antonio |
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City Council District: |
2 |
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For further information: |
Contact case planner Maurice Brenyah-Addow at 510-238-6342 or mbrenyah@oaklandnet.com |
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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.
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5. |
Location: |
1903 Tunnel Road |
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Assessors Parcel Number: |
048H-7621-018-03 |
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Proposal: |
Appeal of Creek Protection Permit (CP00-106) for emergency slide stabilization/erosion control and development permits issued March 8, 2002 |
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Applicant/Owner: |
John Allen |
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Appellant |
Thomas Mauriello, Esq. Representing Richard Grassetti, Vicki Hammarstedt, Michael Hammarstedt, Lisa Moscaret-Burr, Curtis Burr, Susan Simonds, Michael Wentworth, North Hills Phoenix Association (the "Grassetti Appellants") (A02-100, Appeal of findings for and issuance of creek permit, and grading/private engineering permits) |
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Appellant |
John Allen (A02-101, Appeal of creek permit requirements and conditions of issuance) |
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Case File Number: |
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Planning Permits Required: |
Design Review of new single family dwelling (EDR99-10) previously approved April 8, 1999 (not subject to appeal) |
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General Plan: |
Hillside Residential |
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Zoning: |
R-30, One-Family Residential Zone, S-10, Scenic Route Combining Zone and S-14, Community Restoration Development Combining Zone |
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Environmental Determination: |
Exempt: CEQA Guidelines Section 15269, Emergency work; Section 15302, replacement/reconstruction; Section 15303, new construction of small structures; and/or Section 15332, in-fill development projects |
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Historic Status: |
Non-historic property (NHP); survey rating: N/A |
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Service Delivery District: |
II – North Oakland/North Hills |
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City Council District: |
1 |
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Status: |
Design Review previously approved on April 8, 1999 and not subject to appeal. After-the-fact Creek Protection permit in connection with the emergency slide stabilization /erosion control work and a regular permit issued in connection with development permits issued March 8, 2002. Two appeals filed March 18, 2002. |
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Action to be Taken: |
Decision on appeals based on staff report |
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For further information: |
Contact Director of Building Services Calvin Wong at 510-238-4794 or cwong@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 REGULAR MEETING: May 15, 2002 |