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Oakland City Planning Commission AGENDA

(Revised – 5/25/04)

Clinton Killian, Chair

Michael Lighty, Vice Chair

Nicole Franklin

Colland Jang

Suzie W. Lee

Mark McClure

Anne Mudge

JUNE 2, 2004

Regular Meeting

REVISED



MEAL GATHERING 5:00 P.M.

Oak Plaza Bar & Grill, 200 Frank H. Ogawa Plaza

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.

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.

 

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 Secretary no later than 48 hours prior to the meeting, and preferably earlier.

 

1.

Location:

Citywide

Proposal:

Public Hearing to consider amending the Oakland Planning Code through adoption of an enabling ordinance that creates a Planned Development Zoning District (PDZD) and a process which authorizes the creation of Planned Development Zoning Districts throughout the City. Specific PDZDs will allow the City to apply specially drafted zoning regulations to certain areas of the City to facilitate well-planned and integrated residential, commercial and mixed-use communities.

Applicant:

City Planning Commission

Contact Person/Phone Number:

See below

Case File Number:

ZS04-217

Environmental Determination:

Exempt Section 15061(b)(3), State CEQA Guidelines General Rule, no possibility of significant effect on the environment and Section 15378 (No Project).

Service Delivery District:

Citywide

City Council District:

Citywide

Status:

Continued from May 19, 2004 meeting.

Action to be Taken:

Recommendation to the City Council

Finality of Decision:

Recommendation to the City Council

For Further Information:

Contact Development Director, Claudia Cappio, at (510) 238-2229 or by email: ccappio@oaklandnet.com .

 

 

**(NOTE: Item #2 has been removed from the agenda.)**

 

2.

Location:

230 Bay Place, Cox Cadillac Site (APN: 010-0795-027-01)

Proposal:

Amendment to an Approved application, CMDV04-063, ER04-0001, at 230 Bay Place (Cox Cadillac site) consisting of the elimination of the residential component of the project and the redesign and enlargement of the grocery store component from a 28,300 sq. ft. addition to a 44,300 sq. ft. addition to the rear of the 11,700 sq. ft. Landmark Cox Cadillac showroom, including a two-story, parking structure, with the upper level as an open, roof parking area. The existing Landmark Cox Cadillac showroom would be rehabilitated as previously approved, with a modification to the location of the elevator/stair circulation within the showroom.

Applicant:

Bond CC Oakland, LLC

Contact Person/Phone Number:

Alan Chapman, Vice President / (312) 853-0070

Owner:

Bond CC Oakland, LLC

Case File Number:

ER04-0001, CMDV04-063

Planning Permits Required:

Major Variances for reduced rear and side setbacks, two loading berths (where three are required), and reduced parking; Major Conditional Use Permit for the creation of more than one driveway to serve the project; Design Review.

General Plan:

Urban Residential and Neighborhood Center Mixed Use

Zoning:

C-30, District Thoroughfare Commercial and S-12, Residential Parking Combining Zone

Environmental Determination:

Addendum to 2001 Certified Final Environmental Impact Report for the Avalon Bay at Lake Merritt Project Per CEQA Guidelines Sections 15162 and 15164.

Historic Status:

Designated City of Oakland Landmark,

Cox Cadillac Showroom

Service Delivery District:

San Antonio 3

City Council District:

3

Status:

Pending

Action to be Taken:

Decision on application and adoption of Addendum to FEIR based on staff report.

Finality of Decision:

Appealable to City Council

For Further Information:

Contact case planner Joann Pavlinec at (510) 238-6344 or by email: jpavlinec@oaklandnet.com.

 

3.

Location:

2400 MacArthur Boulevard (APN: 029-0993-020-01)

Proposal:

To construct an 82-unit senior apartment complex on the site of a previously demolished motel.

Applicant:

Domus Development

Contact Person/Phone Number:

Sirena McCart / (415) 558-9500

Owner:

Lincoln Court Associates, L.P.

Case File Number:

CDV04-156

Planning Permits Required:

Minor Conditional Use Permit to allow ground level parking and loading in the C-31 Zone, Minor Conditional Use permit to allow a parking reduction for senior housing, Minor Variance to allow a height of 38’ where 35’ is required, and Regular Design Review.

General Plan:

Neighborhood Center Mixed Use

Zoning:

C-31 Special Retail Commercial Zone

Environmental Determination:

Exempt 15332; State CEQA Guidelines; Infill Development

Historic Status:

No historic record (vacant lot)

Service Delivery District:

4

City Council District:

4

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.

 

 

4.

Location:

Citywide

Proposal:

To amend the Oakland Planning Code to regulate activities related to check cashier and or check cashing activities and limit where such activities may occur.

Applicant:

City of Oakland

Contact Person/Phone Number:

(See Below)

Case File Number:

ZT03-567

Planning Permits Required:

Zoning Text Change

General Plan:

Citywide

Zoning:

Citywide

Environmental Determination:

Exempt 15061(b)(3), State CEQA Guidelines, "General Rule", no possibility of significant effect on the environment.

Service Delivery District:

Citywide

City Council District:

Citywide

Status:

Pending

Action to be Taken:

Open public hearing, take testimony and forward recommendation to the City Council.

Finality of Decision:

Recommendation to the Oakland City Council

For Further Information:

Contact case planner Chris Candell at (510) 238-6986 or by email: ccandell@oaklandnet.com.

 

 

 

5.

Location:

One 9th Avenue/Brooklyn Basin (APN: 0000 0465 002 00)

Proposal:

Application to designate One 9th Avenue/Brooklyn Basin, Ninth Avenue Terminal, as a City of Oakland Landmark

Applicant:

Oakland Heritage Alliance and Friends of the Ninth Avenue Terminal

Owner:

Port of Oakland

Contact Person/Phone Number:

Cynthia L. Shartzer / (510) 763-9218

Case File Number:

LM04-208

Planning Permits Required:

Landmark Designation

General Plan:

Urban Open Space

Zoning:

M-40

Environmental Determination:

Exempt per Sections 15061(3) and 15331 of the State CEQA Guidelines.

Historic Status:

Oakland Cultural Heritage Survey B3 – Major Importance, Not in a Historic District (final rating of A on the LPAB rating sheet)

Service Delivery District:

3 San Antonio

City Council District:

2

Status:

The Landmark Preservation Advisory Board adopted a Resolution to initiate action to establish One 9th Avenue as a Landmark and to forward the action to the Planning Commission for public hearing and consideration.

Action to be Taken:

Recommend Landmark Designation and forward to City Council.

Finality of Decision:

City Council

For further information:

Contact case planner Joann Pavlinec at (510) 238-6344 or by email: jpavlinec@oaklandnet.com

6.

Location:

1030-1032 36th Street (APN’s: 012-0950-003-03; 012-0950-007; 012-0950-008)

Proposal:

To construct two duplexes on two substandard parcels.

Applicant/Owner:

Charles Clewis

Contact Person/Phone Number:

Charles Clewis / (510) 459-0694

Case File Number:

CMVM03-571

Planning Permits Required:

Special Residential Design Review and Major Variance to construct a duplex on a 4,255.38 sq. ft. parcel and a duplex on 4.149.34 sq. ft. parcel where the required minimum lot size is 5,000 sq. ft.

General Plan:

Mixed Housing Type

Zoning:

R-40 Garden Apartment Residential Zone

Environmental Determination:

Exempt, Section 15303 and 15305 of the state CEQA Guidelines (Class 1, New Construction of Small Structures).

Historic Status:

Vacant parcels

Service Delivery District:

I – West Oakland

City Council District:

1

Status:

Pending

Action to be Taken:

Decision based on staff report.

Finality of Decision:

Appealable to City Council

For Further Information:

Contact case planner Miroo Desai Brewer at (510) 238-6935 or by email: mbrewer@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 appealable. 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.

 

7.

Location:

120 – 142 Caldecott Lane (APN: 048H-7520-019)

Proposal:

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

Applicant:

Athan Magganas

Contact Person/Phone Number:

Athan Magganas / (510) 223-4483

Owner:

Athan Magganas

Case File Number:

A04-117 (CDET04-002)

General Plan:

Hillside Residential

Zoning:

Various -- OS (SU) Open Space Special Use Park Zone; S-10 Scenic Route Combining Zone; S-14 Community Restoration Development Combining Zone; S-18 Mediated Residential 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:

II – North Hills

City Council District:

1

Status:

The determination letter was dated March 9, 2004. An appeal of the creek determination was filed on March 17, 2004.

Action to be Taken:

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 Kristin Hathaway at (510) 238-7571 or by email: khathaway@oaklandnet.com.






8.

Location:

500 Lake Park Avenue (APN: 011-0837-086-04)

Proposal:

An appeal of an administrative decision to require a Major Conditional Use Permit to alter, upgrade, and extend the hours of an existing Kwik Way fast food restaurant.

Applicant:

Alex Hahn

Contact Person/Phone Number:

Alex Hahn/(510)444-7722

Owner:

Hahn Family Trust

Case File Number:

A04-210

General Plan:

Neighborhood Center Mixed Use

Zoning:

C-30, District Thoroughfare Commercial Zone

Environmental Determination:

The administrative determination has been found not to be subject to CEQA since (1) it is exempt from environmental review under the "general rule" (Guidelines Section 15061(b)(3) – no possibility of significant environmental impact) and (2) an administrative determination is not a "project" because there is no possibility that it will produce a significant impact on the environment (Guidelines Section 15378).

Historic Status:

Potentially Designated Historic Property (PDHP); preliminary survey rating: C3

Service Delivery District:

3 – San Antonio

City Council District:

2

Status:

Zoning administrator determined that a Major Conditional Use Permit is required for the proposed changes to the restaurant.

Action to be Taken:

Uphold the Zoning Administrator’s determination.

Finality of Decision:

Final, non-appealable Decision

For Further Information:

Contact case planner Neil Gray at (510) 238-3878 or by email: ngray@oaklandnet.com

COMMISSION BUSINESS

Approval of Minutes: May 19, 2004

Correspondence

City Council Actions: June 1, 2004

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: JUNE 16, 2004