Agenda
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[1:28]
Call to order
[1:29]
the september 2nd planning commission meeting.
[1:33]
can we please have the roll call?
[1:35]
yes, commissioner.
[1:36]
rink.
[1:39]
here, commissioner randolph.
[1:41]
I'm sorry. Commissioner lee.
[1:43]
here. Vice chair. Randolph.
[1:46]
yeah. Chair. Aarons here.
[1:49]
we have a quorum,
[1:51]
and I'm keith vollmann, and I'll be filling in for,
[1:53]
planning commission secretary kathleen payne today.
[1:56]
thank you.
[1:58]
okay, moving on to commission business.
[2:00]
is there any agenda discussion?
[2:05]
seeing none.
[2:06]
a director's report?
[2:08]
no director's report today. Okay.
[2:11]
I don't believe we have any informational items.
[2:14]
no informational reports
[2:17]
and any committee reports.
[2:19]
I don't think we've had committee
[2:21]
since the last meeting.
[2:23]
okay,
[2:24]
we're moving on through.
[2:27]
all right. Commission matters.
[2:28]
we do have one item here today.
[2:32]
so this is the recognition of commissioner sandoval and commissioner rob.
[2:37]
commissioner sandoval is here in the room,
[2:39]
and I believe commissioner rob is listening through k top.
[2:42]
so hello out there.
[2:43]
if you're tuned in,
[2:47]
so I'll just start off to say,
[2:49]
thank you on behalf of the commission for your service.
[2:52]
over the last three years,
[2:54]
it's been really such a joy to work with you.
[2:58]
I will miss you.
[2:59]
commissioner sandoval on the commission.
[3:03]
I have found you to be very level headed.
[3:05]
you take in all the information.
[3:07]
you're very thoughtful and present,
[3:08]
and you have always shared how and why
[3:10]
you've made your decisions.
[3:12]
and I really value that transparency.
[3:15]
and I feel that you've always put oakland first
[3:18]
to have a thriving, vibrant, beautiful city.
[3:22]
and so your presence here will be missed.
[3:25]
thank you so much for your service.
[3:28]
if any other commissioners have things to share
[3:30]
for commissioner sandoval, I'll open up the floor
[3:32]
and then we can share some words about commissioner rob.
[3:39]
I'll just say ditto is been a pleasure serving with you.
[3:42]
and, you'll be very missed, but we'll keep in touch.
[3:50]
yeah, I want to say ditto as well.
[3:52]
and just, thank you for your service. And,
[3:55]
you were a great role model for me.
[3:57]
and, it was always really helpful
[3:59]
to hear your thoughts about things.
[4:01]
thanks.
[4:05]
yeah. I also want to say thank you. Definitely took a lot of points from you.
[4:08]
what vice chair means to be.
[4:10]
and hopefully I will be able to step into those shoes.
[4:13]
the three plus years with you flew kind of by.
[4:17]
by the time we all got used to the commission
[4:19]
and learned all the ins into good details.
[4:23]
you're gone already.
[4:24]
so I'll definitely miss your
[4:26]
your patience and your your comments
[4:28]
and your definitely your your diverse viewpoint.
[4:31]
I think with all the commissioners that we have
[4:34]
had on the commission, I think we're a very good set
[4:37]
and a very good group of commissioners
[4:39]
that all have a very unique
[4:40]
and important view and role to play, and you
[4:44]
definitely will be missed with
[4:46]
not only your professional background, but also being an oak islander.
[4:50]
for sure. So, hopefully you'll you'll be on
[4:52]
now on the other side of all the important projects
[4:54]
that the city is working on and hopefully continue
[4:56]
to work on, on all the housing and other projects that will,
[5:01]
impact the city for generations.
[5:02]
so thank you for your service.
[5:07]
on behalf of, city staff and the city as a whole,
[5:09]
want to thank both commissioner sandoval and rob for,
[5:13]
volunteering and your service, over the past few years.
[5:16]
and, just, you know,
[5:18]
thank you for in addition to review of projects that come
[5:21]
before this decision making body
[5:23]
also being involved in the first phase
[5:26]
of all the general plan updates that have, gone forward over the past few years,
[5:29]
as well as adoption of the and review of the objective
[5:33]
design standards.
[5:34]
and, I believe edmond ac, the deputy director,
[5:37]
is also here to speak.
[5:44]
oh, thank you very much.
[5:47]
yeah. Edmond ac, deputy director planning just wanted a second.
[5:49]
everything everyone said.
[5:51]
wanted to give my personal thanks.
[5:53]
and also from the, the director, bill gilchrist,
[5:56]
who hoped to be here, but was, has a meeting conflict.
[6:00]
so he wasn't able to be here. But,
[6:03]
on behalf of the entire, bureau department,
[6:06]
I just wanted to thank, centerville.
[6:10]
and, the other, excuse me.
[6:14]
yes. And, sandoval, thank you so much for your service.
[6:16]
appreciate it.
[6:24]
yes. And we're handing out the certificates.
[6:31]
thank you so much.
[6:33]
and for commissioner rob, as you're listening through.
[6:36]
okay, tom, just wanted to say,
[6:39]
and here's yours, commissioner rob.
[6:40]
yes, there it is.
[6:43]
city staff have told me that they will find a way to mail it to you.
[6:46]
so keep a lookout in your,
[6:49]
post office box, I guess, for that.
[6:52]
but just wanted to say thank you for your expertise as an architect.
[6:55]
your perspective was really valuable here on the commission.
[6:59]
and I always look to you for your support
[7:01]
on the design review committee, and I appreciated
[7:05]
your thoughtful questions and com presence.
[7:07]
so your, work on the commission will also be missed.
[7:11]
and I hope that we can find another architect very soon.
[7:18]
yeah. I want to echo that I was going to mention the architect piece,
[7:19]
because we're reviewing so many important details
[7:23]
of a lot of projects and really having
[7:25]
the expertise of an architect
[7:27]
is not something that I think will be missed in the meantime.
[7:30]
and I know that the city council mentioned
[7:32]
during several appointment hearings and,
[7:36]
city council meetings and an architect
[7:37]
is very important to have on the commission.
[7:39]
so hopefully the three vacancies that we're having will be able
[7:43]
to fill that important role.
[7:44]
and I think commissioner bob has done
[7:46]
a really, really good job on several, projects
[7:49]
to really provide that from
[7:51]
from signage to, to frontage to all kinds of different things.
[7:54]
the only thing an architect really knows
[7:57]
is something that will be sorely missed.
[7:59]
thank you.
[8:05]
yeah. And I want to especially thank, commissioner rob, because he reached out to me
[8:07]
when I, after I joined and we had coffee
[8:09]
and it was helpful to hear his thoughts and,
[8:11]
his presence will be missed.
[8:15]
I'll echo again what everyone has said.
[8:17]
commissioner rob up in the ether.
[8:20]
we'll miss you. And good luck with all of your future endeavors.
[8:26]
wonderful.
[8:28]
thank you. I also want to use a little bit of chair's discretion to thank,
[8:31]
commissioner rank, for serving as chair.
[8:34]
I missed the first meeting in july.
[8:38]
that was a transition. Thank you for stepping in, vice chair.
[8:41]
randolph, I just want to say thank you for your service
[8:43]
as chair over the last year.
[8:45]
plus, I really learned a lot from you
[8:47]
and value your expertise and your presence
[8:50]
and, look forward to continuing to work together.
[8:54]
and I'm sure you're happy you're
[8:58]
over there now. So just wanted to say thank you all I while I had the mic.
[9:00]
thank you so much I appreciate that.
[9:01]
and yeah, I want life on the other side.
[9:03]
it was going to be good.
[9:05]
but I'm always here to to help tim.
[9:07]
so thank you.
[9:12]
all right. Thank you so much. Moving on from commission matters.
[9:14]
do we have a city attorney's report?
[9:17]
no city attorney's report today. Thanks.
[9:19]
okay. Excellent.
[9:21]
okay. Moving on to open forum.
[9:24]
these,
[9:26]
this is a time for members of the public
[9:27]
to speak on any item of interest
[9:29]
that is not listed on the agenda today.
[9:32]
and I'm happy to give two minutes for speaker.
[9:38]
today, status?
[9:41]
yes. You can come up to the front of fill out a comment
[9:43]
card.
[9:44]
yeah. Thank you.
[9:45]
so, we have a few speakers for open forum.
[9:48]
we have jack, tanya,
[9:52]
and I'll call you in groups of three.
[9:54]
jack, tanya and michael.
[10:02]
and if you wouldn't mind, can you, state your name for the record?
[10:05]
sure.
[10:06]
just give me a second to
[10:09]
pull up. I'm going to see,
[10:12]
hi, I'm jack person.
[10:14]
I've lived on auburn avenue in rock ridge for nearly 30 years.
[10:20]
I'm here representing rock ridge neighbors for sensible housing.
[10:22]
as you may know, we have nearly 2500 signatures
[10:26]
on our petition calling for,
[10:30]
modifications to the proposal for a senior
[10:32]
care facility at 6230 claremont avenue.
[10:36]
why do we keep coming here?
[10:38]
you have heard from us and from me before
[10:41]
about the proposed senior care facility at 6230 claremont.
[10:45]
you know, we're in favor
[10:46]
of such a facility, but we think it's much too big.
[10:50]
we think planning staff has overestimated the planned
[10:52]
number of allowed units by a huge margin, more than 75%.
[10:56]
that's because staff apply to gross to conversion factor and
[11:00]
and a mixed,
[11:03]
unit factor, mixed use factor,
[11:05]
neither of which the application should receive.
[11:07]
as I've presented here before, I've written in,
[11:11]
rock ridge voice about it.
[11:13]
I've written letters to you and and to staff.
[11:17]
without them, the building would have to be at least,
[11:21]
ten feet lower, have at least 30 fewer units than they planned,
[11:24]
plus have adequate setbacks and bigger setbacks.
[11:28]
so we have to ask,
[11:30]
are you hearing what we say, what 2500 people are saying?
[11:33]
or is the purpose just to let us blow off steam?
[11:37]
what do the unreasonably large allowed densities
[11:39]
mean for the college avenue corridor?
[11:41]
what would they mean going forward
[11:44]
if these are allowed, these,
[11:46]
especially the, gross to net, it's it's it's ridiculous.
[11:50]
there's no basis for it.
[11:51]
if you look at the reference in the zoning code bulletin,
[11:55]
it says explicitly
[11:56]
it shouldn't be applied in those
[11:57]
in that site and in that district.
[12:01]
so what will mean is buildings well over 100ft
[12:04]
tall lined up and down college avenue.
[12:07]
it will mean that, as in berkeley,
[12:09]
the small shops which give the neighborhood
[12:11]
the character and the pedestrian orientation
[12:14]
which you supposedly want will be gone.
[12:18]
they'll be gone. Because who will be able to afford it other than, very deep pocketed, very high
[12:21]
end and, and franchises of national chains.
[12:24]
that's what is coming here.
[12:27]
that's what's invited.
[12:28]
this gigantic proposal at, the trader joe's site at rockridge.
[12:33]
thank you so much for your time. We hope the time has elapsed.
[12:37]
okay. We hope that, you will step in, that you will help
[12:39]
step up and plan. Thank you.
[12:42]
thank you.
[12:47]
next.
[12:52]
hi there. My name is tanya pamplona, and I live on harwood avenue,
[12:55]
which is two blocks from the proposed development.
[12:58]
I am not opposed to it in principle.
[13:01]
I understand there's no stopping it.
[13:04]
I am, however, opposed to an eight storey building with over 200 units
[13:07]
that sits right up against my neighbors single,
[13:10]
single storey family homes.
[13:12]
this development will not block my sunlight,
[13:15]
nor will I have someone peering into my bedroom window.
[13:19]
it will affect my ability
[13:21]
to park on my street, which has already impacted.
[13:24]
being a good neighbor means having regard
[13:26]
for your neighbors, their homes, and their communities.
[13:31]
we all know that seniors, like so many in the bay area, need affordable housing.
[13:35]
we all know that $13,000 a month is not affordable
[13:39]
housing, least of all for seniors.
[13:42]
we have a walkable community with lots of trees, people
[13:45]
who maintain their gardens and homes on college
[13:47]
avenue themselves, and many locally owned businesses.
[13:51]
what I'm asking for is housing that looks
[13:54]
and acts like housing.
[13:56]
what I need is a good neighbor.
[13:58]
here's what I'm asking for a building that enhances
[14:02]
the neighborhood, making it more livable, not less.
[14:05]
a design that reflects housing, not commercial real estate.
[14:10]
a landscaping that reflects the neighborhood.
[14:17]
fewer stories to lessen the impact and density and community density.
[14:21]
step backs from our neighborhoods,
[14:23]
neighbors properties and ample parking.
[14:27]
and finally, regard for the residents who will live in the building
[14:30]
and paying a lot of money to do it.
[14:32]
they will be moving here for the neighborhood
[14:34]
where they live should reflect that character so they too
[14:37]
can enjoy it.
[14:40]
they need studio apartments with sizes that are livable,
[14:43]
a traffic intersection that will accommodate elderly people
[14:47]
and ample parking spaces so that they too, can park
[14:51]
near their homes.
[14:53]
frankly, I move if it were next to my house
[14:57]
and I encourage you all to head to rockridge and see what
[15:00]
the proposal looks like and acts like in that area.
[15:04]
thank you, thank you, thank you,
[15:07]
michael.
[15:12]
afternoon.
[15:13]
my name is michael mayor.
[15:15]
I live about a block from the site of the 6230 claremont site,
[15:18]
and I've lived there for 35 years.
[15:20]
we all support building housing on this site in claremont.
[15:24]
the city needs housing of all types, market rate, low income and senior.
[15:27]
the existing red cross building
[15:28]
has been an eyesore for a few years and
[15:30]
a new building could be great for the neighborhood,
[15:32]
but the sheer mass of this building
[15:34]
is so out of character for this spot.
[15:37]
the applicant submittal claims the project is consistent
[15:40]
with the local land use framework,
[15:41]
but then they ask for significant waivers
[15:43]
to the zoning limits in place regarding height and setbacks.
[15:48]
so by definition, it is no longer consistent with the land use plan
[15:51]
and the character of the neighborhood.
[15:52]
there are areas in the city that can absorb a building
[15:55]
of this enormous mass, but in this neighborhood
[15:57]
it is going to make a life altering dent in the lives
[16:01]
of a lot of residents. For blocks around in the narrow side streets of florio
[16:04]
and auburn, harwood and mystic, manoa and rockwell and beyond.
[16:09]
at a community meeting the developer held for neighbors
[16:11]
a few months ago, I asked him,
[16:13]
can't this project pencil out with one fewer floor?
[16:17]
he said, no. I said, can you explain the numbers to me?
[16:18]
and he said, I don't have to. Well,
[16:20]
he doesn't have to tell me, but he does have to tell you.
[16:23]
please challenge him to prove why modest and sensible
[16:26]
modifications of the design can't be done,
[16:28]
and still allow his firm a profit, even moderate setbacks.
[16:32]
and what would be a 90ft wall
[16:34]
a few steps from small homes would be so important.
[16:37]
we're not asking for the world
[16:38]
just for the developer to live up to his word
[16:40]
that this project will be a good neighbor.
[16:42]
this commission can get them to honor this pledge.
[16:45]
thank you,
[16:46]
thank you, thank you.
[16:50]
ellen.
[17:07]
no worries.
[17:09]
you're made up. Bring you a microphone and you can sit down while you speak.
[17:10]
okay?
[17:17]
good afternoon, commissioners.
[17:19]
my name is ellen koehler,
[17:21]
a 55 year resident of the neighborhood.
[17:24]
I'm here to address the proposed senior
[17:26]
living facility at 6230 claremont avenue.
[17:31]
while I do support the goal of providing 200 plus units
[17:34]
of senior housing,
[17:35]
we cannot ignore the lethal reality of the corridor
[17:38]
where these vulnerable residents will live.
[17:42]
recently, this stretch of claremont has claimed two lives.
[17:45]
july 20th 2567 year old roderick
[17:49]
red was killed at claremont and the uplands.
[17:53]
february 4th, 20 2672 year old billy grant
[17:57]
was killed in the 6000 block mere steps from this project.
[18:01]
this isn't a theoretical risk.
[18:03]
it's a proven pattern.
[18:05]
we're proposing to place a large population of seniors,
[18:08]
including those in a memory care
[18:10]
wing, directly into a high speed traffic environment
[18:13]
that is already failing to protect pedestrians.
[18:17]
this issue is personal to me.
[18:20]
in fact, my son was struck by a car in this neighborhood,
[18:22]
but thankfully he survived.
[18:30]
city data shows that residents age 65
[18:33]
and older are three times more likely
[18:35]
to be killed in traffic than younger residents.
[18:38]
furthermore, the high injury network maps confirm
[18:42]
that while claremont avenue
[18:44]
makes up a small percentage of our streets,
[18:45]
it accounts for a disproportionate number
[18:48]
of severe injuries and deaths.
[18:51]
approving this project without a comprehensive
[18:54]
pre-construction safety hall of the claremont
[18:57]
and college avenue intersection is frankly negligent.
[19:02]
I urge the commission to require a binding traffic
[19:05]
safety mitigation plan as a condition of approval.
[19:09]
we need daylighting, protected crossings and speed
[19:13]
reduction measures before the first resident moves in.
[19:18]
let's not wait for a third tragedy to realize the current infrastructure is insufficient
[19:22]
for the population we are inviting here.
[19:24]
thank you very much.
[19:26]
thank you.
[19:29]
just just.
[19:32]
paul.
[19:37]
good afternoon, commissioners.
[19:39]
paul friedman, nice to see you again.
[19:41]
I'll try not to repeat, but I'll start with,
[19:44]
where elon ended up, because almost every day
[19:47]
I cross claremont avenue with my two year
[19:50]
old granddaughter, and it is treacherous.
[19:54]
even no matter how careful you are.
[19:58]
and this is going to lead to a significant increase in traffic and trucks
[20:01]
and deliveries, etc..
[20:05]
what's been on my mind
[20:06]
lately is that there is a win win to achieve here.
[20:10]
a right sized senior housing development at 6230,
[20:13]
in keeping with the neighborhood scale.
[20:17]
but the developer has so far shown zero interest
[20:21]
in compromising,
[20:23]
taking into account the needs of the neighborhood.
[20:24]
we've read about in the papers
[20:27]
about some of the concessions at the trader joe's sites.
[20:30]
here. Not a,
[20:33]
we support senior housing.
[20:36]
you've heard we think that there needs to be reduced scale setbacks.
[20:40]
one floor less, one story less,
[20:45]
safety measures.
[20:47]
and now a legal point.
[20:49]
both the city and the developer apparently
[20:52]
rely on an administrative zoning bulletin to apply.
[20:55]
and that in support of the net acreage multiplier.
[21:00]
I'm not a land use lawyer, but I am a lawyer,
[21:03]
and I know that the opinion
[21:07]
of one single city employee
[21:11]
can have no legal binding effect,
[21:14]
and yet it seems to be heavily relied on by all
[21:17]
concerned here in justifying the density bonus,
[21:21]
I don't think that's going to hold up.
[21:25]
the density bonus
[21:26]
calculations exceed what the general plan permit.
[21:30]
they're legally flawed, and they need to be looked at.
[21:34]
all we ask is that this project is held accountable to legal
[21:39]
standards, traffic safety and proper neighborhood scale.
[21:43]
we're looking for a win win. Thank you.
[21:46]
thank you.
[21:47]
connor.
[22:00]
hello. My name is connor. I'm with the no data center oakland, coalition.
[22:02]
and I've said no, nothing has come to this body
[22:04]
about data centers oakland at this point,
[22:06]
but I'm just here, you know, anticipating
[22:08]
that that is going to happen in the future.
[22:10]
you know, when the bearing company
[22:11]
announced, a few weeks ago that,
[22:13]
plans to make a data center in downtown oakland,
[22:16]
the same week that there were two announcements
[22:18]
about ai infrastructure coming to west oakland.
[22:21]
you know, a petition was launched by the no data center coalition,
[22:24]
that right now has reached 7000 over 7000 signatures.
[22:27]
and really, the core of this coalition
[22:29]
and the people are signing, are wanting to understand is
[22:33]
who decides the future of oakland?
[22:35]
is it the people who live here, work here, raise families here?
[22:39]
or is it tech billionaires who
[22:41]
see the city as an opportunity to enrich themselves
[22:45]
at the scene? Of course, across the country, you know,
[22:46]
and in the same way that across the country,
[22:48]
community has been pushing back on data centers,
[22:50]
you know, people in oakland are feeling similar sentiments.
[22:53]
so I'm just here to just, you know, raise
[22:55]
this issue, anticipating
[22:56]
that this will likely come up in the future.
[22:59]
to make sure you're aware of, you know,
[23:00]
how many members of the community
[23:02]
are feeling about the prospect of data centers
[23:04]
coming to oakland and make sure this is, on your attention?
[23:07]
thank you.
[23:11]
thank you. We have one more speaker, khalid. Hi.
[23:23]
I'm glad he was. He came before me because that's my concern was,
[23:26]
if it's inevitable, ai and data centers,
[23:30]
I feel like it's very important that you guys can see
[23:33]
if you can get some resources
[23:34]
out of them to do a live class in some of the underserved.
[23:38]
schools.
[23:39]
so they're really prepared.
[23:40]
the kids for life for real, like
[23:43]
taxes, job interviews,
[23:46]
cyber, the cyber age that were coming across
[23:49]
it, you know, all the things that are very practical.
[23:52]
what for me, what would be
[23:54]
a tragedy is a 90s oakland.
[23:58]
all the
[24:00]
the drugs that came in and all the guns that came in
[24:02]
that weren't even from us came destroy the community,
[24:08]
then gentrified
[24:10]
or colonized or whatever you want to call it.
[24:13]
and then,
[24:15]
the people's republic and
[24:16]
instead of living in prosperity
[24:17]
on the on the blood of all my people,
[24:20]
it's for you to shed yourself many karmic consequences
[24:25]
to make sure all these billionaires, if it's inevitable, if,
[24:27]
if if guys like him can win and be great.
[24:29]
but which I would hope he can have one
[24:31]
with bernie sanders and his perspective.
[24:34]
but if it's inevitable,
[24:36]
let's make sure that the few percentage
[24:39]
of poor black people that are here can get a life class.
[24:42]
I would recommend a life class, a sponsored life class,
[24:45]
that job training, you know, whatever.
[24:47]
just some things that are really practical.
[24:48]
now everybody's going to college is just not practical.
[24:52]
but help them out with the next step.
[24:54]
that would just be at least something a cookie.
[24:58]
otherwise, this is a totally unjust.
[25:00]
thank you so much. Peace.
[25:03]
thank you. That was our final speaker for open forum.
[25:07]
thank you so much.
[25:09]
before we move to the next item, I want to ask staff
[25:13]
if there is an update on the application for the,
[25:17]
6230 claremont project.
[25:21]
I know I was not at the last meeting in early july,
[25:25]
but in that intervening time, is there an update that you can share?
[25:27]
it's currently still under review.
[25:30]
there was a, I believe, a completeness
[25:32]
letter sent out and the zoning consistency is under review.
[25:35]
and I think we identified a number of items
[25:37]
that they're working on responding to,
[25:39]
as well as in departmental comments. And.
[25:44]
thank you.
[25:47]
yes, through the chair's I have a quick follow up.
[25:50]
do or is staff still working on the sequel determination,
[25:53]
or did it come in as an ab?
[25:55]
130 no.
[25:56]
did not come in as a ab 130
[25:59]
there is the secret document that's being prepared
[26:01]
and it's still in admin draft form right now.
[26:03]
so, it's not public yet, but okay. Thank you.
[26:10]
thank you.
[26:13]
okay. I'm going to move us on to the consent calendar,
[26:15]
which I believe we have no items on.
[26:18]
so I will move us on to public hearings.
[26:21]
and we have one item today, which is,
[26:28]
an update from staff on the update
[26:29]
to the sb 79.
[26:34]
suite of activities.
[26:36]
I'll pass it to you.
[26:37]
thank you so much.
[26:38]
and before staff
[26:41]
make their presentation, I did note that there was an additional document,
[26:43]
distributed and it's made available to the public as well.
[26:47]
the commission needs to make a motion to accept
[26:50]
the supplemental materials, before the presentations meet.
[26:54]
moved to accept, second.
[26:59]
I do I need to okay.
[27:03]
sorry I caught you off guard.
[27:04]
oh, sorry.
[27:05]
commissioner rink.
[27:07]
yes, commissioner.
[27:08]
lee. Yes, vice chair randolph. Yes.
[27:12]
chair. Aarons. Yes.
[27:16]
the motion passes to accept the documents into the record.
[27:19]
and the items are on the table for any members of the public
[27:22]
that would like one.
[27:46]
this is mike. You gotta push the button.
[27:49]
ktab. Can we get the presentation?
[27:57]
oh, I think it needs to be.
[28:01]
for the parking. Yes.
[28:12]
sure. Just use.
[28:16]
maybe try the signage.
[28:18]
I can do something that.
[28:19]
oh, it won't reach the other side.
[28:23]
the, k talks coming up.
[28:25]
okay. Oh, you don't plug in the hdmi.
[28:27]
we need the hdmi cable.
[28:29]
there's always the shorty.
[28:33]
right here.
[28:35]
oh, can we move the podium?
[28:37]
does it? Okay.
[28:38]
there just.
[28:40]
there it is.
[28:41]
oh, sorry.
[28:42]
that's okay.
[31:18]
the other computer was all good.
[31:56]
yeah.
[32:26]
yeah.
[32:28]
okay. Yes.
[33:06]
I'll accept some comments. For.
[33:20]
sorry about that.
[33:21]
technical difficulties.
[33:24]
good afternoon chair, vice chair and commissioners.
[33:28]
my name is kelly cha. I'm here to present the, agenda item number two on amendments
[33:32]
to planning code chapter 1786, or,
[33:36]
commonly I'll be referring to sb
[33:38]
17 nine amendments.
[33:43]
oh, so just to provide, some reminder,
[33:49]
the sb 79 was enacted, back in october 2025.
[33:53]
establishing an effective date of
[33:56]
july 1st of this year.
[33:58]
and, the state law basically allows higher
[34:02]
density, height and floor area ratio
[34:05]
in designated transit oriented development area code areas
[34:09]
to encourage more housing near transit.
[34:13]
and oakland adopted
[34:15]
its local exclusion ordinance back in march this year.
[34:19]
and this ordinance temporarily excludes
[34:23]
certain parcels and pod areas using three different categories
[34:28]
of exclusions, which I will, detail a little bit later.
[34:32]
and in june we have received comments from both state
[34:36]
each city,
[34:37]
that the california department
[34:38]
of housing and community development,
[34:40]
as well as metropolitan transportation commission mtc,
[34:46]
stating that oakland's ordinance and related map needed
[34:49]
to be amended it to bring them into full compliance.
[34:54]
since then, staff has,
[34:56]
coordinated with those agencies and,
[34:59]
prepare the prepare the amendments to the ordinance.
[35:02]
and we are here today, at the planning commission,
[35:06]
to present these staff recommended amendments to,
[35:09]
bring the ordinance to full compliance.
[35:11]
and upon that recommendation from the commission,
[35:14]
we will be moving forward with the, cd committee and city
[35:19]
council hearing this month and next month.
[35:23]
so this is just showing, the density standards that's
[35:27]
that was included that is included in sb 79.
[35:30]
so there's tier one and tier two stops and these are allowed
[35:34]
maximum height density and floor area ratio.
[35:38]
and for oakland we have used these three exclusions.
[35:42]
so the first one was any parcels where oakland's zoning allows
[35:46]
at least 50% of the residential cap capacity
[35:50]
in of sb 79 standards, and that includes
[35:54]
both high and low resources, resource areas. And,
[36:01]
let's see, the second exclusion is any parcels,
[36:05]
that qualify as, low resource areas, when existing
[36:09]
zoning already provides at least 40% of residential capacity.
[36:13]
so that's, that's the two d zones.
[36:15]
and this particular exclusion actually applies
[36:18]
to the entirety of these zones instead of, individual parcels.
[36:24]
and the third one is that parcels that are local register historic resources,
[36:27]
and that includes lands landmark historic districts and
[36:31]
some potentially designated
[36:34]
historic properties with some conditions.
[36:41]
and so staff presented the planning code and related
[36:46]
zoning map back in the city council, with all these, three,
[36:50]
all the areas eligible for exclusion.
[36:53]
and back in march, actually,
[36:56]
the council made specific amendments
[36:57]
to remove certain areas,
[36:59]
and that includes, sort of east of lake merritt
[37:01]
as well as the area surrounding coliseum bart station,
[37:05]
to encourage more housing development in those areas.
[37:08]
and as I have mentioned previously,
[37:10]
we have received some comments from these two agencies.
[37:13]
on june 10th, we received comments
[37:16]
from mtc basically saying that, their map.
[37:21]
so mtc has created and prepared a regional sb 7079 map
[37:26]
for to assist local jurisdictions like oakland,
[37:30]
for their implementation.
[37:31]
and they have informed us their half mile buffers,
[37:36]
for the tod zones.
[37:39]
they were a little bit a slightly different from oakland's adopted maps.
[37:42]
it's because of,
[37:44]
there are some differences and, of use.
[37:47]
so we, they have used a little bit different,
[37:51]
different access points, for these transit stops.
[37:56]
but the changes are negligible.
[37:57]
so it wasn't up to much of a concern.
[38:00]
and, and in addition to that, they also requested,
[38:04]
for new transit stops to be added.
[38:06]
and that's all from, uptown.
[38:09]
the transit center stops.
[38:12]
and two days later, actually, on june 12th, we received,
[38:16]
comments from the state hcd and state, basically,
[38:22]
informed us that the oakland's local exclusion ordinance is not
[38:26]
fully in compliance with sb 79, and the primary reason
[38:31]
is that the state each city considers any parcels with
[38:38]
zoning that allows residential or commercial use alongside
[38:41]
with another use to be, a mixed use
[38:46]
zone making is subject to sb 79 standards. So,
[38:51]
before the ordinance, actually,
[38:54]
considered open space and, industrial parcels ineligible.
[38:58]
so we had to make them, eligible, basically.
[39:02]
and because open space and industrial
[39:04]
zones actually allow some commercial uses,
[39:07]
they were saying that we need to actually amend those.
[39:10]
so, and in addition,
[39:12]
in addition to that, they have requested city
[39:14]
to align our map with the mtc version
[39:18]
and also ask for some clear, clarification
[39:21]
on clear earlier.
[39:24]
and so,
[39:26]
to address these feedback, to and bring oakland's
[39:30]
ordinance to into full compliance,
[39:34]
these following changes have been made
[39:37]
to both ordinance and the zoning map.
[39:40]
and so the first one is that we removed ac transit
[39:44]
10 to 20 eighth avenue stop.
[39:45]
this is the clerical clerical error that hcd has mentioned.
[39:50]
and so this is something.
[39:51]
so in march, city council has made some amendments
[39:56]
to remove certain zones and parcels from exclusion.
[40:01]
and this one was actually removed,
[40:04]
but it was not reflected in the code.
[40:06]
so we're just removing that particular
[40:09]
bust up from the code.
[40:11]
and we also removed open space and industrial zones
[40:13]
from, the list of ineligible sites.
[40:17]
so this is reflecting state ex comments.
[40:20]
and also as part of that
[40:24]
amendments in that particular list,
[40:26]
we have added, that phrase, this phrase parcels over which
[40:30]
the city of oakland planning bureau does not have
[40:34]
a zoning authority. So if we don't have any permitting authority like,
[40:38]
state parcels or some of the port
[40:41]
properties, then those are ineligible. Now.
[40:47]
and to reflect those, text amendments, zoning,
[40:50]
that was also updated to designate open space, open
[40:54]
space parcels from ineligible to excluded
[40:58]
if they fall within an adopted exclusion or covered if not.
[41:03]
and that same sort of
[41:07]
rationale apply to the industrial parcels.
[41:10]
so if they were excluded,
[41:12]
within the adopted exclusion area,
[41:15]
then they were designated as excluded.
[41:18]
the only difference is that we are proposing that,
[41:22]
those industrial parcels that were in the areas
[41:26]
that were removed from the exclusion.
[41:29]
so, those are at the area surrounding
[41:32]
coliseum bart station and then the, 14th avenue stop.
[41:36]
we're still, recommending them to be excluded,
[41:39]
so that we can comprehensively look at it,
[41:42]
as part of the alternative plan process.
[41:45]
and since there are some land use compatibility issues,
[41:50]
so we're proposing that that should be excluded, not
[41:52]
the entire t.o.t.
[41:54]
so this is,
[41:56]
the map that we have included, I apologize.
[42:00]
so thank you for, accepting those updated maps, but it's basically showing,
[42:04]
the parcels that are now excluded
[42:06]
that were before, ineligible.
[42:08]
so those orange field parcels were before
[42:12]
ineligible industrial parcels.
[42:16]
now will be excluded with this adoption.
[42:19]
with this amendment.
[42:22]
and in addition and then also we have adjusted the zones
[42:28]
and parcels within to align with the mtc regional sb 79 map.
[42:34]
and we also added for, additional stops
[42:37]
in the planning code section, as well as the zoning map.
[42:41]
those are included as attachment f in the report.
[42:45]
it it, it shows the summary of the calculated calculations
[42:50]
that, they actually go over 40% of the residential density.
[42:55]
so they are excluded as well.
[42:59]
upon receiving a recommendation
[43:02]
from the planning commission today, we will be moving forward
[43:06]
with, the city committee on the 22nd of september
[43:10]
and then to city council on october 6th.
[43:13]
and, anticipate the adoption of this amendments
[43:16]
on october 20th.
[43:19]
and this is a staff recommendation.
[43:22]
it's a little bit long.
[43:23]
so I'm just going to summarize.
[43:25]
the staff is recommending
[43:26]
the planning commission to consider
[43:27]
and make them into the city council.
[43:29]
that amending amending oakland planning code
[43:33]
chapter 1786, to address the comments that we received
[43:37]
from two agencies and amending the code,
[43:41]
the same chapter to exclude additional additional industrial
[43:44]
parcels, previously designated as ineligible to excluded
[43:50]
and to make a related oakland zoning map updates
[43:54]
and making appropriate ceqa findings that includes.
[43:58]
sorry, that concludes our staff, staff presentation.
[44:02]
and, we're ready to answer any questions.
[44:06]
we have, strategic planning manager laura kaminski here, as well as,
[44:09]
our deputy director at mercy to answer any questions.
[44:17]
thank you. Thank you for the presentation. I'll open it up to commissioners for clarifying questions.
[44:20]
commissioner rink, I just have a quick question.
[44:23]
have you run these changes by hcd or mtc,
[44:27]
to see if they're, if they agree that this fixes the issues
[44:30]
in their letter or does this go back to them when it's adopted?
[44:42]
yeah. So we've had, quite a number of meetings with the state
[44:44]
housing, community development department staff
[44:46]
and they have said yet that these changes would address
[44:50]
the comments in the letter
[44:51]
and would bring us into full compliance.
[44:54]
thank you.
[45:05]
thank you. I have a question. Could you remind us about
[45:06]
how this connects to the general plan phase two?
[45:10]
I remember when we talked about this earlier this year. We had
[45:14]
discussed having the exclusion sunset.
[45:17]
can you remind us how this process fits
[45:20]
with the phase two?
[45:25]
yeah. So we are as part of our general plan update, looking at,
[45:28]
you know, meeting the requirements
[45:29]
of the alternative plan for sb 79.
[45:32]
so we are in the process of if you know, the stuff
[45:36]
that's already been released
[45:37]
as far as a draft land use framework actually shows
[45:40]
you know, higher densities
[45:43]
around the bart stations as well as along international boulevard.
[45:45]
so changes of the land use
[45:47]
to allow for these higher densities
[45:50]
that we would be able to meet the alternative plan for sb 79.
[45:54]
and so and then,
[45:57]
the intention right now is we're going
[45:59]
through all the comments that we've heard from the public
[46:01]
during the process, and we're working at the actual
[46:05]
draft of the elements.
[46:06]
so the land use and transportation element,
[46:10]
and we anticipate that that will be in early january, released for then comments
[46:13]
from the public.
[46:15]
and so that will have some further refinement
[46:16]
of the proposed land uses and densities as well.
[46:21]
to, you know, for comments.
[46:23]
and then the we're anticipating it to be,
[46:27]
hopefully it moves forward and you know,
[46:31]
we get the all the comments we need
[46:33]
that we would then make changes based on the comments.
[46:37]
and then, it falls when we anticipate
[46:40]
going to council for final or planning commission
[46:43]
and council for final adoption.
[46:46]
and then as part of that we
[46:47]
are also working on zoning code amendments with that.
[46:51]
and so we're anticipating we will be making,
[46:55]
quite a few zoning code changes,
[46:57]
both map and, density allowances,
[47:01]
when we actually at the,
[47:03]
at the adoption time of the general plan.
[47:05]
because as an example, right now
[47:07]
there's a proposal for the draft lenny's framework,
[47:10]
to eliminate detached residential as a land use
[47:14]
category and creating higher densities and, in those areas.
[47:18]
so obviously we'll need to reflect
[47:19]
that in our zoning as well, that that will match.
[47:22]
and so we're hoping that a lot of these,
[47:27]
those changes will actually formulate the alternative plan
[47:30]
during that process.
[47:34]
thank you.
[47:36]
any other clarifying questions
[47:39]
from commissioners before public comment?
[47:43]
okay.
[47:44]
let's move to public comment on this item.
[47:47]
we have one speaker.
[47:49]
jack, did you still want to speak on item number two?
[47:52]
okay.
[48:00]
william jefferson.
[48:04]
oh, right
[48:05]
over the human fence from 6230 claremont.
[48:09]
I think it be useful to see what
[48:12]
the sb 79 densities,
[48:16]
how they compare to the, densities currently.
[48:20]
for example, I know that sb 79 doesn't apply
[48:25]
to the 6230 claremont application
[48:27]
or the application of the trader joe's site,
[48:29]
because those both filed their, sb 330 preliminary applications
[48:33]
prior to july 1st of this year when sb cynthia
[48:37]
and I went into effect.
[48:38]
but, I have, done calculations for both of those
[48:43]
for to verify,
[48:46]
that what the developers have claimed is valid.
[48:50]
let me say on the trader joe's site, they, claimed 415 units.
[48:56]
they qualify for that with your densities
[48:59]
and the cn two zone for a 95ft building.
[49:02]
of course.
[49:04]
then they piggyback on the state density bonus law
[49:07]
that takes them up to,
[49:10]
well, it takes them, allows them
[49:12]
waivers on everything, and they go up over 300ft.
[49:16]
now, they didn't know, I guess, about the gross to net conversion,
[49:19]
which would bring them up to over 550ft.
[49:22]
are you sure that you really want to apply that?
[49:26]
I think that you if you do, if you think that's valid,
[49:29]
you need to adjust your densities downwards
[49:32]
throughout the city to take into account
[49:34]
that you've made them unreasonably large.
[49:36]
once the gross and that is applied,
[49:38]
I'd like you to think about that.
[49:39]
I'd like to see the way your densities pre
[49:43]
and without sb 79 apply to what happens with sb 79.
[49:47]
thank you, thank you.
[49:49]
that was our only speaker.
[49:52]
thank you.
[49:54]
okay, I will open it up for comments
[49:56]
and any further discussion from commissioners.
[50:08]
quiet group today.
[50:10]
I mean I'll just say I mean, I obviously want the city
[50:13]
to be in compliance with hcd.
[50:15]
so I mean these these changes make make sense to me.
[50:17]
I read through the hcd letter, and so, you know,
[50:21]
we have to take that kind of compliance seriously.
[50:24]
so I support these changes.
[50:28]
you know doing that I support these changes as well.
[50:30]
but, the recent public commentary about the density
[50:34]
bonus changes is something that I was wondering about as well.
[50:37]
do you have any thoughts or comments on pre and post sb 79,
[50:43]
and how how that might impact some of these projects?
[50:47]
I mean, 500 plus feet.
[50:54]
I mean, I don't know that I can say offhand about the the heights.
[50:58]
I mean, sb 79 does have a height.
[51:03]
allowance in it that it talks about and then but it does.
[51:07]
actually, sb 79 does allow you to do a density bonus project on top of sb 79.
[51:11]
so, that might be,
[51:14]
where would it
[51:16]
attorney question of how that works out exactly.
[51:18]
but but that it does I mean, sb seven does allow you to do
[51:23]
density bonus on top of what sb 79 is,
[51:27]
is that's something that we have to do,
[51:29]
or is that something that we could still in the future
[51:34]
not regulate but but
[51:36]
but just or tinker around because some
[51:40]
some areas may be more heavily impacted than others.
[51:43]
and the question is,
[51:46]
is it always the best to go as high as you can, or is there
[51:49]
flexibility for oakland to adjust that?
[51:53]
or is it just because it's state law now?
[51:54]
it's just not allows for us to do.
[52:00]
this is michael branson. I'm going to attempt to answer your question
[52:02]
from the legal framework.
[52:04]
so the as the speaker alluded to,
[52:07]
neither of those projects are using sb 79.
[52:12]
my I'm speaking a little bit off the cuff here, but the
[52:16]
the trader joe's project is very close to the bart site,
[52:19]
so it would receive the largest, allowance under sb 79.
[52:23]
that said, the oakland zoning is quite generous
[52:26]
on that site as well, and that's why
[52:28]
you see in the proposal that you're seeing,
[52:30]
the other project is closer to the half mile band,
[52:36]
which I can pull up the specific requirements
[52:39]
if that's helpful to you.
[52:40]
but I think,
[52:43]
you know, I don't know.
[52:47]
okay. Stop. Can we have the presentation back?
[52:51]
thank you.
[52:57]
that.
[52:59]
sorry.
[53:00]
okay, great.
[53:01]
and so we're talking about bart.
[53:04]
we're talking about bart. So we're looking at the tier one half mile,
[53:07]
which allows for 65ft.
[53:10]
but sb 79 also allows for pairing with density.
[53:13]
bonus. That's written into state law.
[53:15]
that's not part of any, local city
[53:18]
requirement.
[53:21]
I don't feel like I've answered your question fully,
[53:23]
so please feel free to follow up, because that was this.
[53:27]
yeah. These projects,
[53:29]
these projects are not using sb 79 because I guess they were before
[53:32]
it got into effect.
[53:33]
but I know the public commenter
[53:35]
mentioned projects potentially 500 plus feet.
[53:38]
so is that is that mean once now that sb 79 is in effect
[53:42]
and all the density bonus is
[53:44]
can be applied on top of each other?
[53:46]
I mean, it's there's no more flexibility on
[53:49]
the city's side to
[53:52]
I wouldn't say it, rain in some of these heights, but
[53:58]
is it is it what it is now, or is there still for us
[54:00]
the opportunity to?
[54:04]
I mean, what I would say is that, you know, part of us
[54:07]
working on the alternative plan
[54:10]
is to look at, you know,
[54:11]
a more nuanced approach than what sb 79 is.
[54:13]
and so right now in, you know, the rock ridge area,
[54:19]
there were not exclusions we could apply to that area.
[54:22]
so sb 79 is in effect, that as
[54:25]
part of the alternative plan, there may be some variations of,
[54:29]
potentially, you know, higher heights and densities.
[54:32]
the closer you get to the bart station,
[54:34]
then some of these areas may be further
[54:36]
away, might be lower potentially, than what sb 79 is showing on here.
[54:40]
so that's where you can get into some of that nuance.
[54:42]
but we still are required as a city by sb 79
[54:46]
to have at least the equivalent density allowance
[54:49]
in the whole half mile area, so that density has
[54:53]
to go somewhere within that half mile area.
[54:55]
so if you like I said, if you lower one area,
[54:57]
then it has to increase in another spot.
[55:03]
yeah. It's just very it's a very interesting
[55:05]
state law because it just
[55:07]
looks at this scenario.
[55:10]
but then it doesn't necessarily take into account
[55:12]
local nuances and whether going as high as you are allowed
[55:17]
to do is really the best fit for that specific space.
[55:21]
but so I was just wondering
[55:22]
if there's any ability to have that nuance,
[55:25]
but it doesn't necessarily sound like we do,
[55:27]
which is unfortunate, but, thank you.
[55:31]
I just want to note to
[55:33]
you said that it would allow for up to 500ft,
[55:36]
and I think the speaker mentioned 500 units at the heights are up to 95ft.
[55:39]
and then
[55:42]
if you apply the gross and it would be over
[55:44]
5 to 50ft on what's allowed,
[55:47]
the, it's not
[55:50]
okay, okay. But.
[55:54]
I'll, I'll speak to the public commenter afterwards.
[55:56]
I understand that position.
[55:57]
I'd like to understand it a little bit more,
[55:58]
but the height requirements under,
[56:02]
our local requirements for I think that's in the
[56:07]
there's some, there's some reuse, there's some ccs
[56:09]
that they've kind of cap out,
[56:10]
except for immediately around bart at the 95ft mark.
[56:14]
again, the trader joe's sites different
[56:18]
and then under sb 79, it would go up to 95ft
[56:21]
and you can get density bonus under sb 79.
[56:24]
you can ask for height waivers, but, it's restricted only,
[56:29]
so that you can't ask for a height
[56:31]
waiver if it's, in excess of the local height limit.
[56:35]
so there are some restrictions
[56:36]
on getting height waivers under sb 79.
[56:38]
although we do have the ability to to have local height limits
[56:41]
then still it sounds like okay. Yes.
[56:44]
but I will note under the density bonus law,
[56:46]
which is what's being applied currently,
[56:49]
the way they could ask for waivers to the height limits.
[56:53]
okay, so that's why the projects now are taller
[56:56]
because they're asking for waivers to in order to accommodate
[56:58]
the density that's allowed for the density bonus project.
[57:02]
okay, so what is, know, maybe we don't have to go into that.
[57:04]
this. But maybe at a future meeting.
[57:05]
I would love to hear what the maximum.
[57:08]
oh, I think your questions are.
[57:11]
correct me if I'm wrong.
[57:13]
they seem to be more about the projects and maybe the general plan
[57:16]
phase two, and less so about sb 79 in particular.
[57:20]
so we probably should agendize a topic related to kind of
[57:23]
looking at that topic more holistically.
[57:26]
it was nationally was this put projects in general
[57:28]
that will come back under sb 79
[57:31]
or specifically about those projects,
[57:32]
but I think it would be helpful maybe in the future,
[57:35]
to maybe have a more in depth conversation about
[57:39]
sb 79 or what it actually means to potential future projects.
[57:44]
okay.
[57:44]
yeah.
[57:46]
thank you.
[57:59]
thank you for the presentation.
[58:01]
I don't really have any further comments.
[58:04]
I think we had a really robust discussion here earlier this year about this item.
[58:08]
and then it went to council and there were some
[58:10]
some of what we recommended was adopted.
[58:11]
they added some extra things in and I understand this
[58:14]
item to be
[58:18]
you know, pretty administrative, trying to right size
[58:21]
and adhere to the comments
[58:22]
from cd and mtc to come into full compliance.
[58:26]
so I, I don't have further questions on the item today,
[58:29]
and I'm happy to, move the recommendation forward.
[58:34]
I think as the phase two of the general plan continues
[58:38]
and we have more conversations about, land use items and,
[58:43]
and the zoning code,
[58:45]
maybe we can continue the conversation that commissioner randolph
[58:49]
has started. And I look forward to to having that piece because I think,
[58:55]
yeah, there is some sensitivity
[58:56]
that we need to have in different parts of oakland,
[59:01]
especially around gentrification and displacement.
[59:05]
and the flip side of that process of exclusion
[59:09]
that we've seen,
[59:10]
so I'm looking forward to having that conversation,
[59:13]
as part of the phase two of the general plan.
[59:20]
so let's go through to the chair
[59:22]
if we can make sure in your motion to include the,
[59:26]
I think, the updated map or is that not needed?
[59:30]
it's not needed. It's not.
[59:31]
yeah. The, the,
[59:33]
parcels that were at issue were the ones
[59:36]
that were being excluded. And that's shown on the other attachment.
[59:39]
yeah.
[59:43]
thank you. Do I have a motion.
[59:45]
can I move to, forward staff's recommendation
[59:49]
to the city council? Do we have to read everything that's not sufficient for me.
[59:53]
that's my motion.
[59:54]
second.
[59:57]
commissioner rink.
[59:59]
yes, commissioner. Lee.
[1:00:01]
yes, vice chair. Randolph.
[1:00:03]
yes, chair.
[1:00:04]
aarons. Yes.
[1:00:08]
the motion passes.
[1:00:12]
thank you. And thank you.
[1:00:16]
all right. Moving on to appeals, which I believe we have none of,
[1:00:20]
so I will move us on to commission business.
[1:00:22]
and our first item is the approval of the minutes
[1:00:25]
from the july 15th, 2026 meeting.
[1:00:29]
do I have a motion to approve the minutes?
[1:00:34]
move to approve the minutes.
[1:00:39]
I forgot what was the date again.
[1:00:42]
it was july 15th. I moved to, approve the july 15th minutes.
[1:00:46]
a second second by randolph.
[1:00:50]
the minutes did someone second.
[1:00:52]
oh, sorry.
[1:00:55]
commissioner reinke.
[1:00:57]
yes, commissioner lee. Yes.
[1:00:59]
vice chair. Randolph.
[1:01:01]
yes. And chair aarons. Yes.
[1:01:06]
okay. And then I have correspondence,
[1:01:08]
which I don't think we have any of,
[1:01:10]
but I do have I, vice chair randolph, did you have an item?
[1:01:14]
yeah, I thought it was at the end,
[1:01:16]
but I think when there's commission business, just I guess
[1:01:18]
overall question, that's not on the agenda,
[1:01:20]
but I warned director gilchrist that I was going to
[1:01:24]
mention something or just ask a general question
[1:01:26]
that doesn't need to be answered right now,
[1:01:27]
but there's nothing for them
[1:01:28]
to come back, I think for the for the commission.
[1:01:31]
I'm not sure if other
[1:01:32]
commissioners have, but I have received a fair amount
[1:01:35]
of questions and concerns about just the idea of data centers
[1:01:39]
in oakland coming to oakland being an oakland,
[1:01:42]
and the more I looked into it,
[1:01:45]
and I appreciate all the, the answers that were or,
[1:01:49]
the questions that were answered by city staff, but it is
[1:01:52]
it is not clear to me
[1:01:53]
currently if there's really an
[1:01:54]
an existing cp category or zoning code
[1:01:57]
that captures the concept of what a current day
[1:01:59]
use of a data center actually is.
[1:02:03]
just a quick database search shows that
[1:02:06]
there are already existing data centers
[1:02:07]
operating in oakland under existing use permits.
[1:02:11]
either light industrial, commercial or a previous,
[1:02:15]
you know, laboratory or data center use.
[1:02:18]
the question I really have,
[1:02:19]
where in the administrative review
[1:02:20]
are some of the public concerns and questions to address
[1:02:24]
that have been raised?
[1:02:25]
and these concerns range from impact to community,
[1:02:28]
bordering residents and businesses,
[1:02:31]
and the environment specifically,
[1:02:33]
if you can talk about noise, water impact, energy use,
[1:02:36]
air quality, impact on our power grid, that might not be, you
[1:02:40]
know, ready for for high intense data use, data center use.
[1:02:45]
and then from my conversation with city staff,
[1:02:47]
there seems to be no current use specifically for data center.
[1:02:52]
so there's no way for the city to really adequately track
[1:02:55]
of what it currently is, where it could be coming in,
[1:02:58]
and what an actual approval process could be that is more
[1:03:01]
transparent and and responsive to some of these concerns.
[1:03:07]
I'm not saying that I am. You know, I'm personally against data centers,
[1:03:09]
but I think there just needs to be more transparency,
[1:03:13]
for future projects.
[1:03:14]
and so currently
[1:03:15]
I was told that there are several
[1:03:18]
different kinds of functions and operations that are commonly
[1:03:19]
referred to as a data center
[1:03:21]
and based on the specifics of any given potential proposal,
[1:03:25]
different regulations and standards
[1:03:27]
for city review could apply.
[1:03:30]
generally speaking, the city expects that any business
[1:03:32]
proposing a major project in oakland
[1:03:34]
that could affect residents would include in their approach
[1:03:37]
a robust and equitable community engagement process.
[1:03:39]
but that might not always be the case.
[1:03:42]
obviously, the city cannot speculate on scope needs for
[1:03:46]
some of these projects have been in the news
[1:03:48]
since no formal plans or permits have been
[1:03:50]
or applications have been submitted.
[1:03:54]
but I think there's just a lot of confusion and concerns and ideas of what
[1:03:57]
a data center is.
[1:04:00]
yet there are many different times that have kind of a large spectrum of external impacts.
[1:04:04]
so I would love to maybe learn at a future, commission meeting,
[1:04:11]
what the city's maybe planning to do about potentially adding a specific category
[1:04:15]
that captures data centers more appropriately for us to be able
[1:04:19]
to track where they coming in, how they're being used,
[1:04:23]
and having a more robust conversation of what that type of use maybe
[1:04:27]
should look like in our city, because there still
[1:04:29]
have concerns about gentrification.
[1:04:31]
where in the city are they going into
[1:04:33]
an old west oakland has been, cited as a resource, but,
[1:04:38]
what is the impact going to be?
[1:04:39]
so, that's something
[1:04:41]
some of the concerns and thoughts I've had,
[1:04:43]
I know other cities have specific categories,
[1:04:46]
you know, in their zoning codes and planning codes and
[1:04:48]
on ways to more,
[1:04:51]
equitably.
[1:04:52]
I guess, manage the potential growth.
[1:04:54]
and I know we have a really strong
[1:04:57]
environmental justice component to all of our codes.
[1:05:01]
and overall, priorities.
[1:05:03]
and I don't want that to be lost when it comes
[1:05:06]
to these data centers coming into our communities.
[1:05:09]
thank you.
[1:05:12]
so we'll take that forward
[1:05:13]
and potentially come forward as a,
[1:05:15]
you know, discuss about potentially
[1:05:16]
bring it forward as an informational item.
[1:05:18]
but, can take it up with the director and, deputy director.
[1:05:22]
thank you.
[1:05:24]
okay.
[1:05:25]
thank you.
[1:05:26]
okay.
[1:05:27]
any city council actions?
[1:05:32]
I don't have anything
[1:05:33]
to report. No.
[1:05:38]
all right. And with that, I will adjourn today's meeting at 4:04 p.m..
[1:05:41]
and our next meeting is currently scheduled
[1:05:43]
for september 16th.
[1:05:46]
thank you so much.
[1:05:48]
technically, it's the 16th, but it's
[1:05:52]
sorry.
[1:05:54]
it's canceled. And the next meeting will be september 23rd. Right.
[1:05:56]
which would be a special meeting.
[1:05:57]
right, a special meeting.
[1:05:59]
thank you.
[1:06:42]
okay.
[1:06:43]
let those folks know.