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Call to order

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the september 2nd planning commission meeting.

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can we please have the roll call?

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yes, commissioner.

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rink.

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here, commissioner randolph.

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I'm sorry. Commissioner lee.

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here. Vice chair. Randolph.

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yeah. Chair. Aarons here.

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we have a quorum,

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and I'm keith vollmann, and I'll be filling in for,

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planning commission secretary kathleen payne today.

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thank you.

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okay, moving on to commission business.

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is there any agenda discussion?

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seeing none.

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a director's report?

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no director's report today. Okay.

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I don't believe we have any informational items.

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no informational reports

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and any committee reports.

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I don't think we've had committee

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since the last meeting.

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okay,

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we're moving on through.

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all right. Commission matters.

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we do have one item here today.

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so this is the recognition of commissioner sandoval and commissioner rob.

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commissioner sandoval is here in the room,

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and I believe commissioner rob is listening through k top.

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so hello out there.

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if you're tuned in,

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so I'll just start off to say,

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thank you on behalf of the commission for your service.

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over the last three years,

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it's been really such a joy to work with you.

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I will miss you.

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commissioner sandoval on the commission.

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I have found you to be very level headed.

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you take in all the information.

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you're very thoughtful and present,

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and you have always shared how and why

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you've made your decisions.

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and I really value that transparency.

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and I feel that you've always put oakland first

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to have a thriving, vibrant, beautiful city.

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and so your presence here will be missed.

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thank you so much for your service.

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if any other commissioners have things to share

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for commissioner sandoval, I'll open up the floor

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and then we can share some words about commissioner rob.

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I'll just say ditto is been a pleasure serving with you.

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and, you'll be very missed, but we'll keep in touch.

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yeah, I want to say ditto as well.

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and just, thank you for your service. And,

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you were a great role model for me.

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and, it was always really helpful

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to hear your thoughts about things.

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thanks.

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yeah. I also want to say thank you. Definitely took a lot of points from you.

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what vice chair means to be.

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and hopefully I will be able to step into those shoes.

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the three plus years with you flew kind of by.

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by the time we all got used to the commission

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and learned all the ins into good details.

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you're gone already.

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so I'll definitely miss your

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your patience and your your comments

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and your definitely your your diverse viewpoint.

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I think with all the commissioners that we have

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had on the commission, I think we're a very good set

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and a very good group of commissioners

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that all have a very unique

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and important view and role to play, and you

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definitely will be missed with

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not only your professional background, but also being an oak islander.

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for sure. So, hopefully you'll you'll be on

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now on the other side of all the important projects

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that the city is working on and hopefully continue

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to work on, on all the housing and other projects that will,

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impact the city for generations.

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so thank you for your service.

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on behalf of, city staff and the city as a whole,

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want to thank both commissioner sandoval and rob for,

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volunteering and your service, over the past few years.

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and, just, you know,

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thank you for in addition to review of projects that come

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before this decision making body

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also being involved in the first phase

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of all the general plan updates that have, gone forward over the past few years,

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as well as adoption of the and review of the objective

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design standards.

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and, I believe edmond ac, the deputy director,

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is also here to speak.

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oh, thank you very much.

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yeah. Edmond ac, deputy director planning just wanted a second.

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everything everyone said.

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wanted to give my personal thanks.

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and also from the, the director, bill gilchrist,

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who hoped to be here, but was, has a meeting conflict.

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so he wasn't able to be here. But,

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on behalf of the entire, bureau department,

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I just wanted to thank, centerville.

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and, the other, excuse me.

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yes. And, sandoval, thank you so much for your service.

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appreciate it.

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yes. And we're handing out the certificates.

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thank you so much.

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and for commissioner rob, as you're listening through.

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okay, tom, just wanted to say,

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and here's yours, commissioner rob.

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yes, there it is.

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city staff have told me that they will find a way to mail it to you.

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so keep a lookout in your,

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post office box, I guess, for that.

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but just wanted to say thank you for your expertise as an architect.

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your perspective was really valuable here on the commission.

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and I always look to you for your support

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on the design review committee, and I appreciated

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your thoughtful questions and com presence.

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so your, work on the commission will also be missed.

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and I hope that we can find another architect very soon.

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yeah. I want to echo that I was going to mention the architect piece,

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because we're reviewing so many important details

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of a lot of projects and really having

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the expertise of an architect

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is not something that I think will be missed in the meantime.

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and I know that the city council mentioned

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during several appointment hearings and,

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city council meetings and an architect

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is very important to have on the commission.

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so hopefully the three vacancies that we're having will be able

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to fill that important role.

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and I think commissioner bob has done

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a really, really good job on several, projects

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to really provide that from

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from signage to, to frontage to all kinds of different things.

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the only thing an architect really knows

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is something that will be sorely missed.

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thank you.

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yeah. And I want to especially thank, commissioner rob, because he reached out to me

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when I, after I joined and we had coffee

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and it was helpful to hear his thoughts and,

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his presence will be missed.

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I'll echo again what everyone has said.

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commissioner rob up in the ether.

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we'll miss you. And good luck with all of your future endeavors.

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wonderful.

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thank you. I also want to use a little bit of chair's discretion to thank,

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commissioner rank, for serving as chair.

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I missed the first meeting in july.

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that was a transition. Thank you for stepping in, vice chair.

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randolph, I just want to say thank you for your service

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as chair over the last year.

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plus, I really learned a lot from you

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and value your expertise and your presence

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and, look forward to continuing to work together.

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and I'm sure you're happy you're

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over there now. So just wanted to say thank you all I while I had the mic.

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thank you so much I appreciate that.

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and yeah, I want life on the other side.

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it was going to be good.

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but I'm always here to to help tim.

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so thank you.

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all right. Thank you so much. Moving on from commission matters.

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do we have a city attorney's report?

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no city attorney's report today. Thanks.

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okay. Excellent.

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okay. Moving on to open forum.

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these,

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this is a time for members of the public

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to speak on any item of interest

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that is not listed on the agenda today.

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and I'm happy to give two minutes for speaker.

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today, status?

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yes. You can come up to the front of fill out a comment

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card.

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yeah. Thank you.

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so, we have a few speakers for open forum.

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we have jack, tanya,

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and I'll call you in groups of three.

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jack, tanya and michael.

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and if you wouldn't mind, can you, state your name for the record?

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sure.

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just give me a second to

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pull up. I'm going to see,

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hi, I'm jack person.

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I've lived on auburn avenue in rock ridge for nearly 30 years.

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I'm here representing rock ridge neighbors for sensible housing.

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as you may know, we have nearly 2500 signatures

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on our petition calling for,

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modifications to the proposal for a senior

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care facility at 6230 claremont avenue.

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why do we keep coming here?

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you have heard from us and from me before

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about the proposed senior care facility at 6230 claremont.

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you know, we're in favor

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of such a facility, but we think it's much too big.

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we think planning staff has overestimated the planned

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number of allowed units by a huge margin, more than 75%.

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that's because staff apply to gross to conversion factor and

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and a mixed,

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unit factor, mixed use factor,

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neither of which the application should receive.

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as I've presented here before, I've written in,

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rock ridge voice about it.

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I've written letters to you and and to staff.

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without them, the building would have to be at least,

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ten feet lower, have at least 30 fewer units than they planned,

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plus have adequate setbacks and bigger setbacks.

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so we have to ask,

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are you hearing what we say, what 2500 people are saying?

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or is the purpose just to let us blow off steam?

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what do the unreasonably large allowed densities

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mean for the college avenue corridor?

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what would they mean going forward

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if these are allowed, these,

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especially the, gross to net, it's it's it's ridiculous.

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there's no basis for it.

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if you look at the reference in the zoning code bulletin,

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it says explicitly

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it shouldn't be applied in those

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in that site and in that district.

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so what will mean is buildings well over 100ft

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tall lined up and down college avenue.

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it will mean that, as in berkeley,

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the small shops which give the neighborhood

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the character and the pedestrian orientation

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which you supposedly want will be gone.

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they'll be gone. Because who will be able to afford it other than, very deep pocketed, very high

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end and, and franchises of national chains.

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that's what is coming here.

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that's what's invited.

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this gigantic proposal at, the trader joe's site at rockridge.

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thank you so much for your time. We hope the time has elapsed.

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okay. We hope that, you will step in, that you will help

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step up and plan. Thank you.

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thank you.

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next.

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hi there. My name is tanya pamplona, and I live on harwood avenue,

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which is two blocks from the proposed development.

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I am not opposed to it in principle.

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I understand there's no stopping it.

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I am, however, opposed to an eight storey building with over 200 units

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that sits right up against my neighbors single,

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single storey family homes.

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this development will not block my sunlight,

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nor will I have someone peering into my bedroom window.

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it will affect my ability

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to park on my street, which has already impacted.

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being a good neighbor means having regard

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for your neighbors, their homes, and their communities.

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we all know that seniors, like so many in the bay area, need affordable housing.

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we all know that $13,000 a month is not affordable

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housing, least of all for seniors.

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we have a walkable community with lots of trees, people

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who maintain their gardens and homes on college

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avenue themselves, and many locally owned businesses.

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what I'm asking for is housing that looks

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and acts like housing.

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what I need is a good neighbor.

262
00:13:58,835 --> 00:14:02,401
here's what I'm asking for a building that enhances

263
00:14:02,401 --> 00:14:05,902
the neighborhood, making it more livable, not less.

264
00:14:05,902 --> 00:14:10,568
a design that reflects housing, not commercial real estate.

265
00:14:10,568 --> 00:14:14,168
a landscaping that reflects the neighborhood.

266
00:14:17,690 --> 00:14:21,134
fewer stories to lessen the impact and density and community density.

267
00:14:21,134 --> 00:14:23,502
step backs from our neighborhoods,

268
00:14:23,502 --> 00:14:26,502
neighbors properties and ample parking.

269
00:14:27,668 --> 00:14:30,100
and finally, regard for the residents who will live in the building

270
00:14:30,100 --> 00:14:32,235
and paying a lot of money to do it.

271
00:14:32,235 --> 00:14:34,568
they will be moving here for the neighborhood

272
00:14:34,568 --> 00:14:37,834
where they live should reflect that character so they too

273
00:14:37,834 --> 00:14:39,834
can enjoy it.

274
00:14:40,902 --> 00:14:43,435
they need studio apartments with sizes that are livable,

275
00:14:43,435 --> 00:14:47,635
a traffic intersection that will accommodate elderly people

276
00:14:47,635 --> 00:14:51,435
and ample parking spaces so that they too, can park

277
00:14:51,435 --> 00:14:53,350
near their homes.

278
00:14:53,350 --> 00:14:57,502
frankly, I move if it were next to my house

279
00:14:57,502 --> 00:15:00,802
and I encourage you all to head to rockridge and see what

280
00:15:00,802 --> 00:15:04,201
the proposal looks like and acts like in that area.

281
00:15:04,201 --> 00:15:07,400
thank you, thank you, thank you,

282
00:15:07,400 --> 00:15:09,400
michael.

283
00:15:12,467 --> 00:15:13,468
afternoon.

284
00:15:13,468 --> 00:15:15,735
my name is michael mayor.

285
00:15:15,735 --> 00:15:18,134
I live about a block from the site of the 6230 claremont site,

286
00:15:18,134 --> 00:15:20,335
and I've lived there for 35 years.

287
00:15:20,335 --> 00:15:24,202
we all support building housing on this site in claremont.

288
00:15:24,202 --> 00:15:27,168
the city needs housing of all types, market rate, low income and senior.

289
00:15:27,168 --> 00:15:28,735
the existing red cross building

290
00:15:28,735 --> 00:15:30,535
has been an eyesore for a few years and

291
00:15:30,535 --> 00:15:32,934
a new building could be great for the neighborhood,

292
00:15:32,934 --> 00:15:34,735
but the sheer mass of this building

293
00:15:34,735 --> 00:15:37,169
is so out of character for this spot.

294
00:15:37,169 --> 00:15:40,100
the applicant submittal claims the project is consistent

295
00:15:40,100 --> 00:15:41,835
with the local land use framework,

296
00:15:41,835 --> 00:15:43,768
but then they ask for significant waivers

297
00:15:43,768 --> 00:15:48,269
to the zoning limits in place regarding height and setbacks.

298
00:15:48,269 --> 00:15:51,340
so by definition, it is no longer consistent with the land use plan

299
00:15:51,340 --> 00:15:52,935
and the character of the neighborhood.

300
00:15:52,935 --> 00:15:55,268
there are areas in the city that can absorb a building

301
00:15:55,268 --> 00:15:57,869
of this enormous mass, but in this neighborhood

302
00:15:57,869 --> 00:16:01,870
it is going to make a life altering dent in the lives

303
00:16:01,870 --> 00:16:04,668
of a lot of residents. For blocks around in the narrow side streets of florio

304
00:16:04,668 --> 00:16:09,169
and auburn, harwood and mystic, manoa and rockwell and beyond.

305
00:16:09,169 --> 00:16:11,702
at a community meeting the developer held for neighbors

306
00:16:11,702 --> 00:16:13,200
a few months ago, I asked him,

307
00:16:13,200 --> 00:16:17,169
can't this project pencil out with one fewer floor?

308
00:16:17,169 --> 00:16:18,635
he said, no. I said, can you explain the numbers to me?

309
00:16:18,635 --> 00:16:20,668
and he said, I don't have to. Well,

310
00:16:20,668 --> 00:16:23,969
he doesn't have to tell me, but he does have to tell you.

311
00:16:23,969 --> 00:16:26,702
please challenge him to prove why modest and sensible

312
00:16:26,702 --> 00:16:28,969
modifications of the design can't be done,

313
00:16:28,969 --> 00:16:32,568
and still allow his firm a profit, even moderate setbacks.

314
00:16:32,568 --> 00:16:34,135
and what would be a 90ft wall

315
00:16:34,135 --> 00:16:37,335
a few steps from small homes would be so important.

316
00:16:37,335 --> 00:16:38,802
we're not asking for the world

317
00:16:38,802 --> 00:16:40,902
just for the developer to live up to his word

318
00:16:40,902 --> 00:16:42,935
that this project will be a good neighbor.

319
00:16:42,935 --> 00:16:45,368
this commission can get them to honor this pledge.

320
00:16:45,368 --> 00:16:46,801
thank you,

321
00:16:46,801 --> 00:16:49,201
thank you, thank you.

322
00:16:50,701 --> 00:16:52,701
ellen.

323
00:17:07,567 --> 00:17:09,567
no worries.

324
00:17:09,836 --> 00:17:10,934
you're made up. Bring you a microphone and you can sit down while you speak.

325
00:17:10,934 --> 00:17:12,934
okay?

326
00:17:17,368 --> 00:17:19,368
good afternoon, commissioners.

327
00:17:19,901 --> 00:17:21,768
my name is ellen koehler,

328
00:17:21,768 --> 00:17:24,702
a 55 year resident of the neighborhood.

329
00:17:24,702 --> 00:17:26,935
I'm here to address the proposed senior

330
00:17:26,935 --> 00:17:29,935
living facility at 6230 claremont avenue.

331
00:17:31,169 --> 00:17:34,567
while I do support the goal of providing 200 plus units

332
00:17:34,567 --> 00:17:35,835
of senior housing,

333
00:17:35,835 --> 00:17:38,668
we cannot ignore the lethal reality of the corridor

334
00:17:38,668 --> 00:17:42,268
where these vulnerable residents will live.

335
00:17:42,269 --> 00:17:45,901
recently, this stretch of claremont has claimed two lives.

336
00:17:45,901 --> 00:17:48,901
july 20th 2567 year old roderick

337
00:17:49,935 --> 00:17:53,350
red was killed at claremont and the uplands.

338
00:17:53,350 --> 00:17:56,635
february 4th, 20 2672 year old billy grant

339
00:17:57,202 --> 00:18:01,868
was killed in the 6000 block mere steps from this project.

340
00:18:01,868 --> 00:18:03,901
this isn't a theoretical risk.

341
00:18:03,901 --> 00:18:05,702
it's a proven pattern.

342
00:18:05,702 --> 00:18:08,568
we're proposing to place a large population of seniors,

343
00:18:08,568 --> 00:18:10,350
including those in a memory care

344
00:18:10,350 --> 00:18:13,935
wing, directly into a high speed traffic environment

345
00:18:13,935 --> 00:18:17,134
that is already failing to protect pedestrians.

346
00:18:17,134 --> 00:18:20,202
this issue is personal to me.

347
00:18:20,202 --> 00:18:22,235
in fact, my son was struck by a car in this neighborhood,

348
00:18:22,235 --> 00:18:24,635
but thankfully he survived.

349
00:18:30,335 --> 00:18:33,134
city data shows that residents age 65

350
00:18:33,134 --> 00:18:35,535
and older are three times more likely

351
00:18:35,535 --> 00:18:38,468
to be killed in traffic than younger residents.

352
00:18:38,468 --> 00:18:42,340
furthermore, the high injury network maps confirm

353
00:18:42,340 --> 00:18:44,434
that while claremont avenue

354
00:18:44,535 --> 00:18:45,768
makes up a small percentage of our streets,

355
00:18:45,768 --> 00:18:48,100
it accounts for a disproportionate number

356
00:18:48,100 --> 00:18:51,100
of severe injuries and deaths.

357
00:18:51,635 --> 00:18:54,301
approving this project without a comprehensive

358
00:18:54,301 --> 00:18:57,869
pre-construction safety hall of the claremont

359
00:18:57,869 --> 00:19:02,690
and college avenue intersection is frankly negligent.

360
00:19:02,102 --> 00:19:05,335
I urge the commission to require a binding traffic

361
00:19:05,335 --> 00:19:09,768
safety mitigation plan as a condition of approval.

362
00:19:09,768 --> 00:19:13,602
we need daylighting, protected crossings and speed

363
00:19:13,602 --> 00:19:18,236
reduction measures before the first resident moves in.

364
00:19:18,236 --> 00:19:22,200
let's not wait for a third tragedy to realize the current infrastructure is insufficient

365
00:19:22,200 --> 00:19:24,401
for the population we are inviting here.

366
00:19:24,401 --> 00:19:26,567
thank you very much.

367
00:19:26,567 --> 00:19:28,567
thank you.

368
00:19:29,368 --> 00:19:31,368
just just.

369
00:19:32,434 --> 00:19:34,434
paul.

370
00:19:37,335 --> 00:19:39,340
good afternoon, commissioners.

371
00:19:39,340 --> 00:19:41,200
paul friedman, nice to see you again.

372
00:19:41,200 --> 00:19:44,168
I'll try not to repeat, but I'll start with,

373
00:19:44,168 --> 00:19:47,680
where elon ended up, because almost every day

374
00:19:47,680 --> 00:19:50,168
I cross claremont avenue with my two year

375
00:19:50,168 --> 00:19:53,768
old granddaughter, and it is treacherous.

376
00:19:54,502 --> 00:19:58,690
even no matter how careful you are.

377
00:19:58,690 --> 00:20:01,201
and this is going to lead to a significant increase in traffic and trucks

378
00:20:01,201 --> 00:20:03,201
and deliveries, etc..

379
00:20:05,468 --> 00:20:06,735
what's been on my mind

380
00:20:06,735 --> 00:20:10,690
lately is that there is a win win to achieve here.

381
00:20:10,690 --> 00:20:13,502
a right sized senior housing development at 6230,

382
00:20:13,502 --> 00:20:17,102
in keeping with the neighborhood scale.

383
00:20:17,335 --> 00:20:21,101
but the developer has so far shown zero interest

384
00:20:21,101 --> 00:20:23,101
in compromising,

385
00:20:23,135 --> 00:20:24,934
taking into account the needs of the neighborhood.

386
00:20:24,934 --> 00:20:27,690
we've read about in the papers

387
00:20:27,690 --> 00:20:30,667
about some of the concessions at the trader joe's sites.

388
00:20:30,667 --> 00:20:32,667
here. Not a,

389
00:20:33,468 --> 00:20:35,868
we support senior housing.

390
00:20:36,835 --> 00:20:40,735
you've heard we think that there needs to be reduced scale setbacks.

391
00:20:40,735 --> 00:20:44,335
one floor less, one story less,

392
00:20:45,201 --> 00:20:47,201
safety measures.

393
00:20:47,401 --> 00:20:49,168
and now a legal point.

394
00:20:49,168 --> 00:20:52,468
both the city and the developer apparently

395
00:20:52,468 --> 00:20:55,502
rely on an administrative zoning bulletin to apply.

396
00:20:55,502 --> 00:21:00,668
and that in support of the net acreage multiplier.

397
00:21:00,668 --> 00:21:03,968
I'm not a land use lawyer, but I am a lawyer,

398
00:21:03,968 --> 00:21:07,335
and I know that the opinion

399
00:21:07,335 --> 00:21:10,335
of one single city employee

400
00:21:11,340 --> 00:21:14,168
can have no legal binding effect,

401
00:21:14,168 --> 00:21:17,301
and yet it seems to be heavily relied on by all

402
00:21:17,301 --> 00:21:21,235
concerned here in justifying the density bonus,

403
00:21:21,235 --> 00:21:25,134
I don't think that's going to hold up.

404
00:21:25,134 --> 00:21:26,702
the density bonus

405
00:21:26,702 --> 00:21:30,335
calculations exceed what the general plan permit.

406
00:21:30,335 --> 00:21:34,535
they're legally flawed, and they need to be looked at.

407
00:21:34,535 --> 00:21:39,902
all we ask is that this project is held accountable to legal

408
00:21:39,902 --> 00:21:43,168
standards, traffic safety and proper neighborhood scale.

409
00:21:43,168 --> 00:21:46,368
we're looking for a win win. Thank you.

410
00:21:46,368 --> 00:21:47,801
thank you.

411
00:21:47,801 --> 00:21:49,801
connor.

412
00:22:00,700 --> 00:22:02,668
hello. My name is connor. I'm with the no data center oakland, coalition.

413
00:22:02,668 --> 00:22:04,602
and I've said no, nothing has come to this body

414
00:22:04,602 --> 00:22:06,368
about data centers oakland at this point,

415
00:22:06,368 --> 00:22:08,680
but I'm just here, you know, anticipating

416
00:22:08,680 --> 00:22:10,802
that that is going to happen in the future.

417
00:22:10,802 --> 00:22:11,934
you know, when the bearing company

418
00:22:11,934 --> 00:22:13,802
announced, a few weeks ago that,

419
00:22:13,802 --> 00:22:16,368
plans to make a data center in downtown oakland,

420
00:22:16,368 --> 00:22:18,135
the same week that there were two announcements

421
00:22:18,135 --> 00:22:21,869
about ai infrastructure coming to west oakland.

422
00:22:21,869 --> 00:22:24,236
you know, a petition was launched by the no data center coalition,

423
00:22:24,236 --> 00:22:27,468
that right now has reached 7000 over 7000 signatures.

424
00:22:27,468 --> 00:22:29,535
and really, the core of this coalition

425
00:22:29,535 --> 00:22:33,702
and the people are signing, are wanting to understand is

426
00:22:33,702 --> 00:22:35,468
who decides the future of oakland?

427
00:22:35,468 --> 00:22:39,435
is it the people who live here, work here, raise families here?

428
00:22:39,435 --> 00:22:41,535
or is it tech billionaires who

429
00:22:41,535 --> 00:22:45,202
see the city as an opportunity to enrich themselves

430
00:22:45,202 --> 00:22:46,768
at the scene? Of course, across the country, you know,

431
00:22:46,768 --> 00:22:48,635
and in the same way that across the country,

432
00:22:48,635 --> 00:22:50,336
community has been pushing back on data centers,

433
00:22:50,336 --> 00:22:53,168
you know, people in oakland are feeling similar sentiments.

434
00:22:53,168 --> 00:22:55,268
so I'm just here to just, you know, raise

435
00:22:55,268 --> 00:22:56,401
this issue, anticipating

436
00:22:56,401 --> 00:22:59,168
that this will likely come up in the future.

437
00:22:59,168 --> 00:23:00,668
to make sure you're aware of, you know,

438
00:23:00,668 --> 00:23:02,168
how many members of the community

439
00:23:02,168 --> 00:23:04,690
are feeling about the prospect of data centers

440
00:23:04,690 --> 00:23:07,101
coming to oakland and make sure this is, on your attention?

441
00:23:07,101 --> 00:23:09,101
thank you.

442
00:23:11,735 --> 00:23:17,135
thank you. We have one more speaker, khalid. Hi.

443
00:23:23,200 --> 00:23:26,168
I'm glad he was. He came before me because that's my concern was,

444
00:23:26,168 --> 00:23:30,350
if it's inevitable, ai and data centers,

445
00:23:30,350 --> 00:23:33,100
I feel like it's very important that you guys can see

446
00:23:33,100 --> 00:23:34,368
if you can get some resources

447
00:23:34,368 --> 00:23:38,601
out of them to do a live class in some of the underserved.

448
00:23:38,601 --> 00:23:39,535
schools.

449
00:23:39,535 --> 00:23:40,468
so they're really prepared.

450
00:23:40,468 --> 00:23:43,767
the kids for life for real, like

451
00:23:43,767 --> 00:23:45,767
taxes, job interviews,

452
00:23:46,635 --> 00:23:49,135
cyber, the cyber age that were coming across

453
00:23:49,135 --> 00:23:52,168
it, you know, all the things that are very practical.

454
00:23:52,168 --> 00:23:54,701
what for me, what would be

455
00:23:54,701 --> 00:23:58,301
a tragedy is a 90s oakland.

456
00:23:58,335 --> 00:24:00,102
all the

457
00:24:00,102 --> 00:24:02,702
the drugs that came in and all the guns that came in

458
00:24:02,702 --> 00:24:08,101
that weren't even from us came destroy the community,

459
00:24:08,101 --> 00:24:10,101
then gentrified

460
00:24:10,235 --> 00:24:13,667
or colonized or whatever you want to call it.

461
00:24:13,667 --> 00:24:15,201
and then,

462
00:24:15,201 --> 00:24:16,134
the people's republic and

463
00:24:16,134 --> 00:24:17,401
instead of living in prosperity

464
00:24:17,401 --> 00:24:20,301
on the on the blood of all my people,

465
00:24:20,301 --> 00:24:25,702
it's for you to shed yourself many karmic consequences

466
00:24:25,702 --> 00:24:27,502
to make sure all these billionaires, if it's inevitable, if,

467
00:24:27,502 --> 00:24:29,635
if if guys like him can win and be great.

468
00:24:29,635 --> 00:24:31,568
but which I would hope he can have one

469
00:24:31,568 --> 00:24:34,235
with bernie sanders and his perspective.

470
00:24:34,235 --> 00:24:36,768
but if it's inevitable,

471
00:24:36,768 --> 00:24:39,401
let's make sure that the few percentage

472
00:24:39,401 --> 00:24:42,435
of poor black people that are here can get a life class.

473
00:24:42,435 --> 00:24:45,468
I would recommend a life class, a sponsored life class,

474
00:24:45,468 --> 00:24:47,301
that job training, you know, whatever.

475
00:24:47,301 --> 00:24:48,835
just some things that are really practical.

476
00:24:48,835 --> 00:24:52,301
now everybody's going to college is just not practical.

477
00:24:52,301 --> 00:24:54,935
but help them out with the next step.

478
00:24:54,935 --> 00:24:58,535
that would just be at least something a cookie.

479
00:24:58,535 --> 00:25:00,502
otherwise, this is a totally unjust.

480
00:25:00,502 --> 00:25:03,435
thank you so much. Peace.

481
00:25:03,435 --> 00:25:07,168
thank you. That was our final speaker for open forum.

482
00:25:07,168 --> 00:25:09,568
thank you so much.

483
00:25:09,869 --> 00:25:13,268
before we move to the next item, I want to ask staff

484
00:25:13,268 --> 00:25:17,834
if there is an update on the application for the,

485
00:25:17,834 --> 00:25:19,834
6230 claremont project.

486
00:25:21,368 --> 00:25:25,269
I know I was not at the last meeting in early july,

487
00:25:25,269 --> 00:25:27,835
but in that intervening time, is there an update that you can share?

488
00:25:27,835 --> 00:25:30,101
it's currently still under review.

489
00:25:30,101 --> 00:25:32,350
there was a, I believe, a completeness

490
00:25:32,350 --> 00:25:35,535
letter sent out and the zoning consistency is under review.

491
00:25:35,535 --> 00:25:37,435
and I think we identified a number of items

492
00:25:37,435 --> 00:25:39,401
that they're working on responding to,

493
00:25:39,401 --> 00:25:43,601
as well as in departmental comments. And.

494
00:25:44,701 --> 00:25:46,701
thank you.

495
00:25:47,335 --> 00:25:50,869
yes, through the chair's I have a quick follow up.

496
00:25:50,869 --> 00:25:53,868
do or is staff still working on the sequel determination,

497
00:25:53,868 --> 00:25:55,134
or did it come in as an ab?

498
00:25:55,134 --> 00:25:56,968
130 no.

499
00:25:56,968 --> 00:25:59,134
did not come in as a ab 130

500
00:25:59,134 --> 00:26:01,802
there is the secret document that's being prepared

501
00:26:01,802 --> 00:26:03,535
and it's still in admin draft form right now.

502
00:26:03,535 --> 00:26:09,535
so, it's not public yet, but okay. Thank you.

503
00:26:10,501 --> 00:26:12,501
thank you.

504
00:26:13,568 --> 00:26:15,902
okay. I'm going to move us on to the consent calendar,

505
00:26:15,902 --> 00:26:18,235
which I believe we have no items on.

506
00:26:18,235 --> 00:26:21,768
so I will move us on to public hearings.

507
00:26:21,768 --> 00:26:26,568
and we have one item today, which is,

508
00:26:28,680 --> 00:26:29,934
an update from staff on the update

509
00:26:29,934 --> 00:26:31,934
to the sb 79.

510
00:26:34,301 --> 00:26:36,340
suite of activities.

511
00:26:36,340 --> 00:26:37,201
I'll pass it to you.

512
00:26:37,201 --> 00:26:38,801
thank you so much.

513
00:26:38,801 --> 00:26:40,801
and before staff

514
00:26:41,690 --> 00:26:43,935
make their presentation, I did note that there was an additional document,

515
00:26:43,935 --> 00:26:47,869
distributed and it's made available to the public as well.

516
00:26:47,869 --> 00:26:50,602
the commission needs to make a motion to accept

517
00:26:50,602 --> 00:26:54,701
the supplemental materials, before the presentations meet.

518
00:26:54,701 --> 00:26:57,101
moved to accept, second.

519
00:26:59,680 --> 00:27:02,668
I do I need to okay.

520
00:27:03,100 --> 00:27:04,235
sorry I caught you off guard.

521
00:27:04,235 --> 00:27:05,734
oh, sorry.

522
00:27:05,734 --> 00:27:07,235
commissioner rink.

523
00:27:07,235 --> 00:27:08,735
yes, commissioner.

524
00:27:08,735 --> 00:27:12,335
lee. Yes, vice chair randolph. Yes.

525
00:27:12,435 --> 00:27:14,435
chair. Aarons. Yes.

526
00:27:16,635 --> 00:27:19,236
the motion passes to accept the documents into the record.

527
00:27:19,236 --> 00:27:22,235
and the items are on the table for any members of the public

528
00:27:22,235 --> 00:27:24,635
that would like one.

529
00:27:46,902 --> 00:27:49,368
this is mike. You gotta push the button.

530
00:27:49,368 --> 00:27:52,968
ktab. Can we get the presentation?

531
00:27:57,602 --> 00:28:01,601
oh, I think it needs to be.

532
00:28:01,601 --> 00:28:04,100
for the parking. Yes.

533
00:28:12,767 --> 00:28:14,767
sure. Just use.

534
00:28:16,340 --> 00:28:18,434
maybe try the signage.

535
00:28:18,934 --> 00:28:19,968
I can do something that.

536
00:28:19,968 --> 00:28:23,502
oh, it won't reach the other side.

537
00:28:23,502 --> 00:28:25,168
the, k talks coming up.

538
00:28:25,168 --> 00:28:27,201
okay. Oh, you don't plug in the hdmi.

539
00:28:27,201 --> 00:28:29,268
we need the hdmi cable.

540
00:28:29,268 --> 00:28:32,268
there's always the shorty.

541
00:28:33,634 --> 00:28:35,680
right here.

542
00:28:35,680 --> 00:28:37,767
oh, can we move the podium?

543
00:28:37,767 --> 00:28:38,901
does it? Okay.

544
00:28:38,901 --> 00:28:40,801
there just.

545
00:28:40,801 --> 00:28:41,667
there it is.

546
00:28:41,667 --> 00:28:42,734
oh, sorry.

547
00:28:42,734 --> 00:28:44,734
that's okay.

548
00:31:18,834 --> 00:31:22,434
the other computer was all good.

549
00:31:56,680 --> 00:31:58,680
yeah.

550
00:32:26,268 --> 00:32:28,268
yeah.

551
00:32:28,934 --> 00:32:30,934
okay. Yes.

552
00:33:06,101 --> 00:33:09,701
I'll accept some comments. For.

553
00:33:20,468 --> 00:33:21,368
sorry about that.

554
00:33:21,368 --> 00:33:23,368
technical difficulties.

555
00:33:24,735 --> 00:33:28,369
good afternoon chair, vice chair and commissioners.

556
00:33:28,369 --> 00:33:32,902
my name is kelly cha. I'm here to present the, agenda item number two on amendments

557
00:33:32,902 --> 00:33:35,902
to planning code chapter 1786, or,

558
00:33:36,934 --> 00:33:38,868
commonly I'll be referring to sb

559
00:33:38,868 --> 00:33:40,868
17 nine amendments.

560
00:33:43,435 --> 00:33:47,635
oh, so just to provide, some reminder,

561
00:33:49,168 --> 00:33:53,235
the sb 79 was enacted, back in october 2025.

562
00:33:53,235 --> 00:33:56,235
establishing an effective date of

563
00:33:56,734 --> 00:33:58,969
july 1st of this year.

564
00:33:58,969 --> 00:34:02,100
and, the state law basically allows higher

565
00:34:02,100 --> 00:34:05,135
density, height and floor area ratio

566
00:34:05,135 --> 00:34:09,301
in designated transit oriented development area code areas

567
00:34:09,301 --> 00:34:12,901
to encourage more housing near transit.

568
00:34:13,101 --> 00:34:15,101
and oakland adopted

569
00:34:15,335 --> 00:34:19,935
its local exclusion ordinance back in march this year.

570
00:34:19,935 --> 00:34:22,935
and this ordinance temporarily excludes

571
00:34:23,969 --> 00:34:28,335
certain parcels and pod areas using three different categories

572
00:34:28,335 --> 00:34:32,301
of exclusions, which I will, detail a little bit later.

573
00:34:32,301 --> 00:34:36,201
and in june we have received comments from both state

574
00:34:36,201 --> 00:34:37,435
each city,

575
00:34:37,435 --> 00:34:38,802
that the california department

576
00:34:38,802 --> 00:34:40,802
of housing and community development,

577
00:34:40,802 --> 00:34:45,200
as well as metropolitan transportation commission mtc,

578
00:34:46,468 --> 00:34:49,535
stating that oakland's ordinance and related map needed

579
00:34:49,535 --> 00:34:54,101
to be amended it to bring them into full compliance.

580
00:34:54,101 --> 00:34:56,501
since then, staff has,

581
00:34:56,502 --> 00:34:59,200
coordinated with those agencies and,

582
00:34:59,200 --> 00:35:02,602
prepare the prepare the amendments to the ordinance.

583
00:35:02,602 --> 00:35:06,135
and we are here today, at the planning commission,

584
00:35:06,135 --> 00:35:09,340
to present these staff recommended amendments to,

585
00:35:09,340 --> 00:35:11,435
bring the ordinance to full compliance.

586
00:35:11,435 --> 00:35:14,702
and upon that recommendation from the commission,

587
00:35:14,702 --> 00:35:19,568
we will be moving forward with the, cd committee and city

588
00:35:19,568 --> 00:35:23,301
council hearing this month and next month.

589
00:35:23,301 --> 00:35:27,368
so this is just showing, the density standards that's

590
00:35:27,368 --> 00:35:30,202
that was included that is included in sb 79.

591
00:35:30,202 --> 00:35:34,735
so there's tier one and tier two stops and these are allowed

592
00:35:34,735 --> 00:35:38,635
maximum height density and floor area ratio.

593
00:35:38,635 --> 00:35:42,236
and for oakland we have used these three exclusions.

594
00:35:42,236 --> 00:35:46,869
so the first one was any parcels where oakland's zoning allows

595
00:35:46,869 --> 00:35:50,340
at least 50% of the residential cap capacity

596
00:35:50,340 --> 00:35:54,234
in of sb 79 standards, and that includes

597
00:35:54,735 --> 00:35:59,535
both high and low resources, resource areas. And,

598
00:36:01,735 --> 00:36:05,201
let's see, the second exclusion is any parcels,

599
00:36:05,201 --> 00:36:09,869
that qualify as, low resource areas, when existing

600
00:36:09,869 --> 00:36:13,835
zoning already provides at least 40% of residential capacity.

601
00:36:13,835 --> 00:36:15,802
so that's, that's the two d zones.

602
00:36:15,802 --> 00:36:18,869
and this particular exclusion actually applies

603
00:36:18,869 --> 00:36:24,402
to the entirety of these zones instead of, individual parcels.

604
00:36:24,402 --> 00:36:27,568
and the third one is that parcels that are local register historic resources,

605
00:36:27,568 --> 00:36:31,701
and that includes lands landmark historic districts and

606
00:36:31,701 --> 00:36:33,701
some potentially designated

607
00:36:34,768 --> 00:36:37,768
historic properties with some conditions.

608
00:36:41,401 --> 00:36:46,202
and so staff presented the planning code and related

609
00:36:46,202 --> 00:36:50,869
zoning map back in the city council, with all these, three,

610
00:36:50,869 --> 00:36:53,801
all the areas eligible for exclusion.

611
00:36:53,801 --> 00:36:56,101
and back in march, actually,

612
00:36:56,101 --> 00:36:57,602
the council made specific amendments

613
00:36:57,602 --> 00:36:59,301
to remove certain areas,

614
00:36:59,301 --> 00:37:01,969
and that includes, sort of east of lake merritt

615
00:37:01,969 --> 00:37:05,401
as well as the area surrounding coliseum bart station,

616
00:37:05,401 --> 00:37:08,201
to encourage more housing development in those areas.

617
00:37:08,201 --> 00:37:10,335
and as I have mentioned previously,

618
00:37:10,335 --> 00:37:13,468
we have received some comments from these two agencies.

619
00:37:13,468 --> 00:37:16,502
on june 10th, we received comments

620
00:37:16,502 --> 00:37:20,702
from mtc basically saying that, their map.

621
00:37:21,200 --> 00:37:26,301
so mtc has created and prepared a regional sb 7079 map

622
00:37:26,301 --> 00:37:30,501
for to assist local jurisdictions like oakland,

623
00:37:30,535 --> 00:37:31,935
for their implementation.

624
00:37:31,935 --> 00:37:36,368
and they have informed us their half mile buffers,

625
00:37:36,368 --> 00:37:38,768
for the tod zones.

626
00:37:39,102 --> 00:37:42,435
they were a little bit a slightly different from oakland's adopted maps.

627
00:37:42,435 --> 00:37:44,401
it's because of,

628
00:37:44,401 --> 00:37:47,468
there are some differences and, of use.

629
00:37:47,468 --> 00:37:51,368
so we, they have used a little bit different,

630
00:37:51,368 --> 00:37:55,568
different access points, for these transit stops.

631
00:37:56,235 --> 00:37:57,935
but the changes are negligible.

632
00:37:57,935 --> 00:38:00,935
so it wasn't up to much of a concern.

633
00:38:00,935 --> 00:38:04,168
and, and in addition to that, they also requested,

634
00:38:04,168 --> 00:38:06,635
for new transit stops to be added.

635
00:38:06,635 --> 00:38:09,101
and that's all from, uptown.

636
00:38:09,101 --> 00:38:11,501
the transit center stops.

637
00:38:12,401 --> 00:38:16,202
and two days later, actually, on june 12th, we received,

638
00:38:16,202 --> 00:38:21,200
comments from the state hcd and state, basically,

639
00:38:22,602 --> 00:38:26,502
informed us that the oakland's local exclusion ordinance is not

640
00:38:26,502 --> 00:38:31,702
fully in compliance with sb 79, and the primary reason

641
00:38:31,702 --> 00:38:37,702
is that the state each city considers any parcels with

642
00:38:38,236 --> 00:38:41,768
zoning that allows residential or commercial use alongside

643
00:38:41,768 --> 00:38:46,435
with another use to be, a mixed use

644
00:38:46,435 --> 00:38:51,235
zone making is subject to sb 79 standards. So,

645
00:38:51,335 --> 00:38:53,735
before the ordinance, actually,

646
00:38:54,236 --> 00:38:58,301
considered open space and, industrial parcels ineligible.

647
00:38:58,301 --> 00:39:02,668
so we had to make them, eligible, basically.

648
00:39:02,668 --> 00:39:04,602
and because open space and industrial

649
00:39:04,602 --> 00:39:07,668
zones actually allow some commercial uses,

650
00:39:07,668 --> 00:39:10,534
they were saying that we need to actually amend those.

651
00:39:10,534 --> 00:39:12,201
so, and in addition,

652
00:39:12,201 --> 00:39:14,602
in addition to that, they have requested city

653
00:39:14,602 --> 00:39:18,535
to align our map with the mtc version

654
00:39:18,535 --> 00:39:21,468
and also ask for some clear, clarification

655
00:39:21,468 --> 00:39:23,468
on clear earlier.

656
00:39:24,767 --> 00:39:26,568
and so,

657
00:39:26,568 --> 00:39:30,435
to address these feedback, to and bring oakland's

658
00:39:30,435 --> 00:39:33,435
ordinance to into full compliance,

659
00:39:34,468 --> 00:39:37,568
these following changes have been made

660
00:39:37,568 --> 00:39:40,768
to both ordinance and the zoning map.

661
00:39:40,768 --> 00:39:44,268
and so the first one is that we removed ac transit

662
00:39:44,268 --> 00:39:45,869
10 to 20 eighth avenue stop.

663
00:39:45,869 --> 00:39:50,401
this is the clerical clerical error that hcd has mentioned.

664
00:39:50,401 --> 00:39:51,835
and so this is something.

665
00:39:51,835 --> 00:39:56,902
so in march, city council has made some amendments

666
00:39:56,902 --> 00:40:01,568
to remove certain zones and parcels from exclusion.

667
00:40:01,568 --> 00:40:04,702
and this one was actually removed,

668
00:40:04,702 --> 00:40:06,468
but it was not reflected in the code.

669
00:40:06,468 --> 00:40:09,468
so we're just removing that particular

670
00:40:09,468 --> 00:40:11,102
bust up from the code.

671
00:40:11,102 --> 00:40:13,934
and we also removed open space and industrial zones

672
00:40:13,934 --> 00:40:17,200
from, the list of ineligible sites.

673
00:40:17,200 --> 00:40:20,901
so this is reflecting state ex comments.

674
00:40:20,901 --> 00:40:24,501
and also as part of that

675
00:40:24,602 --> 00:40:26,869
amendments in that particular list,

676
00:40:26,869 --> 00:40:30,502
we have added, that phrase, this phrase parcels over which

677
00:40:30,502 --> 00:40:34,969
the city of oakland planning bureau does not have

678
00:40:34,969 --> 00:40:38,869
a zoning authority. So if we don't have any permitting authority like,

679
00:40:38,869 --> 00:40:41,635
state parcels or some of the port

680
00:40:41,635 --> 00:40:45,235
properties, then those are ineligible. Now.

681
00:40:47,350 --> 00:40:50,735
and to reflect those, text amendments, zoning,

682
00:40:50,735 --> 00:40:54,835
that was also updated to designate open space, open

683
00:40:54,835 --> 00:40:58,435
space parcels from ineligible to excluded

684
00:40:58,768 --> 00:41:03,134
if they fall within an adopted exclusion or covered if not.

685
00:41:03,134 --> 00:41:06,134
and that same sort of

686
00:41:07,235 --> 00:41:10,100
rationale apply to the industrial parcels.

687
00:41:10,100 --> 00:41:12,968
so if they were excluded,

688
00:41:12,968 --> 00:41:15,301
within the adopted exclusion area,

689
00:41:15,301 --> 00:41:18,535
then they were designated as excluded.

690
00:41:18,535 --> 00:41:22,635
the only difference is that we are proposing that,

691
00:41:22,635 --> 00:41:26,835
those industrial parcels that were in the areas

692
00:41:26,835 --> 00:41:29,168
that were removed from the exclusion.

693
00:41:29,168 --> 00:41:32,102
so, those are at the area surrounding

694
00:41:32,102 --> 00:41:36,268
coliseum bart station and then the, 14th avenue stop.

695
00:41:36,268 --> 00:41:39,969
we're still, recommending them to be excluded,

696
00:41:39,969 --> 00:41:42,134
so that we can comprehensively look at it,

697
00:41:42,134 --> 00:41:45,135
as part of the alternative plan process.

698
00:41:45,135 --> 00:41:50,350
and since there are some land use compatibility issues,

699
00:41:50,350 --> 00:41:52,368
so we're proposing that that should be excluded, not

700
00:41:52,368 --> 00:41:54,968
the entire t.o.t.

701
00:41:54,968 --> 00:41:56,235
so this is,

702
00:41:56,235 --> 00:42:00,169
the map that we have included, I apologize.

703
00:42:00,169 --> 00:42:04,134
so thank you for, accepting those updated maps, but it's basically showing,

704
00:42:04,134 --> 00:42:06,635
the parcels that are now excluded

705
00:42:06,635 --> 00:42:08,735
that were before, ineligible.

706
00:42:08,735 --> 00:42:12,868
so those orange field parcels were before

707
00:42:12,868 --> 00:42:14,868
ineligible industrial parcels.

708
00:42:16,235 --> 00:42:19,201
now will be excluded with this adoption.

709
00:42:19,201 --> 00:42:21,201
with this amendment.

710
00:42:22,301 --> 00:42:28,835
and in addition and then also we have adjusted the zones

711
00:42:28,835 --> 00:42:34,368
and parcels within to align with the mtc regional sb 79 map.

712
00:42:34,368 --> 00:42:37,668
and we also added for, additional stops

713
00:42:37,668 --> 00:42:41,690
in the planning code section, as well as the zoning map.

714
00:42:41,690 --> 00:42:45,401
those are included as attachment f in the report.

715
00:42:45,401 --> 00:42:50,568
it it, it shows the summary of the calculated calculations

716
00:42:50,568 --> 00:42:55,834
that, they actually go over 40% of the residential density.

717
00:42:55,834 --> 00:42:59,434
so they are excluded as well.

718
00:42:59,635 --> 00:43:02,350
upon receiving a recommendation

719
00:43:02,269 --> 00:43:06,690
from the planning commission today, we will be moving forward

720
00:43:06,690 --> 00:43:10,401
with, the city committee on the 22nd of september

721
00:43:10,401 --> 00:43:13,602
and then to city council on october 6th.

722
00:43:13,602 --> 00:43:16,834
and, anticipate the adoption of this amendments

723
00:43:16,834 --> 00:43:18,834
on october 20th.

724
00:43:19,835 --> 00:43:22,235
and this is a staff recommendation.

725
00:43:22,235 --> 00:43:23,268
it's a little bit long.

726
00:43:23,268 --> 00:43:25,401
so I'm just going to summarize.

727
00:43:25,401 --> 00:43:26,568
the staff is recommending

728
00:43:26,568 --> 00:43:27,869
the planning commission to consider

729
00:43:27,869 --> 00:43:29,835
and make them into the city council.

730
00:43:29,835 --> 00:43:33,435
that amending amending oakland planning code

731
00:43:33,869 --> 00:43:37,435
chapter 1786, to address the comments that we received

732
00:43:37,435 --> 00:43:41,169
from two agencies and amending the code,

733
00:43:41,169 --> 00:43:44,702
the same chapter to exclude additional additional industrial

734
00:43:44,702 --> 00:43:48,902
parcels, previously designated as ineligible to excluded

735
00:43:50,301 --> 00:43:54,535
and to make a related oakland zoning map updates

736
00:43:54,535 --> 00:43:58,735
and making appropriate ceqa findings that includes.

737
00:43:58,869 --> 00:44:02,535
sorry, that concludes our staff, staff presentation.

738
00:44:02,535 --> 00:44:06,302
and, we're ready to answer any questions.

739
00:44:06,302 --> 00:44:09,301
we have, strategic planning manager laura kaminski here, as well as,

740
00:44:09,301 --> 00:44:14,701
our deputy director at mercy to answer any questions.

741
00:44:17,136 --> 00:44:20,235
thank you. Thank you for the presentation. I'll open it up to commissioners for clarifying questions.

742
00:44:20,235 --> 00:44:23,201
commissioner rink, I just have a quick question.

743
00:44:23,201 --> 00:44:27,869
have you run these changes by hcd or mtc,

744
00:44:27,869 --> 00:44:30,768
to see if they're, if they agree that this fixes the issues

745
00:44:30,768 --> 00:44:39,168
in their letter or does this go back to them when it's adopted?

746
00:44:42,469 --> 00:44:44,101
yeah. So we've had, quite a number of meetings with the state

747
00:44:44,101 --> 00:44:46,568
housing, community development department staff

748
00:44:46,568 --> 00:44:50,301
and they have said yet that these changes would address

749
00:44:50,301 --> 00:44:51,568
the comments in the letter

750
00:44:51,568 --> 00:44:54,301
and would bring us into full compliance.

751
00:44:54,301 --> 00:44:56,301
thank you.

752
00:45:05,402 --> 00:45:06,935
thank you. I have a question. Could you remind us about

753
00:45:06,935 --> 00:45:10,735
how this connects to the general plan phase two?

754
00:45:10,735 --> 00:45:14,568
I remember when we talked about this earlier this year. We had

755
00:45:14,568 --> 00:45:17,335
discussed having the exclusion sunset.

756
00:45:17,335 --> 00:45:20,502
can you remind us how this process fits

757
00:45:20,502 --> 00:45:22,902
with the phase two?

758
00:45:25,503 --> 00:45:28,502
yeah. So we are as part of our general plan update, looking at,

759
00:45:28,502 --> 00:45:29,968
you know, meeting the requirements

760
00:45:29,968 --> 00:45:32,668
of the alternative plan for sb 79.

761
00:45:32,668 --> 00:45:36,168
so we are in the process of if you know, the stuff

762
00:45:36,168 --> 00:45:37,635
that's already been released

763
00:45:37,635 --> 00:45:40,401
as far as a draft land use framework actually shows

764
00:45:40,401 --> 00:45:42,801
you know, higher densities

765
00:45:43,269 --> 00:45:45,868
around the bart stations as well as along international boulevard.

766
00:45:45,868 --> 00:45:47,869
so changes of the land use

767
00:45:47,869 --> 00:45:50,368
to allow for these higher densities

768
00:45:50,368 --> 00:45:54,268
that we would be able to meet the alternative plan for sb 79.

769
00:45:54,268 --> 00:45:56,668
and so and then,

770
00:45:57,268 --> 00:45:59,200
the intention right now is we're going

771
00:45:59,200 --> 00:46:01,869
through all the comments that we've heard from the public

772
00:46:01,869 --> 00:46:05,401
during the process, and we're working at the actual

773
00:46:05,401 --> 00:46:06,869
draft of the elements.

774
00:46:06,869 --> 00:46:10,336
so the land use and transportation element,

775
00:46:10,336 --> 00:46:13,868
and we anticipate that that will be in early january, released for then comments

776
00:46:13,868 --> 00:46:15,200
from the public.

777
00:46:15,200 --> 00:46:16,869
and so that will have some further refinement

778
00:46:16,869 --> 00:46:21,134
of the proposed land uses and densities as well.

779
00:46:21,134 --> 00:46:23,335
to, you know, for comments.

780
00:46:23,335 --> 00:46:27,969
and then the we're anticipating it to be,

781
00:46:27,969 --> 00:46:31,401
hopefully it moves forward and you know,

782
00:46:31,401 --> 00:46:33,635
we get the all the comments we need

783
00:46:33,635 --> 00:46:37,368
that we would then make changes based on the comments.

784
00:46:37,368 --> 00:46:40,168
and then, it falls when we anticipate

785
00:46:40,168 --> 00:46:43,168
going to council for final or planning commission

786
00:46:43,168 --> 00:46:46,168
and council for final adoption.

787
00:46:46,268 --> 00:46:47,802
and then as part of that we

788
00:46:47,802 --> 00:46:51,401
are also working on zoning code amendments with that.

789
00:46:51,401 --> 00:46:55,235
and so we're anticipating we will be making,

790
00:46:55,235 --> 00:46:57,735
quite a few zoning code changes,

791
00:46:57,735 --> 00:47:00,735
both map and, density allowances,

792
00:47:01,701 --> 00:47:03,201
when we actually at the,

793
00:47:03,201 --> 00:47:05,401
at the adoption time of the general plan.

794
00:47:05,401 --> 00:47:07,635
because as an example, right now

795
00:47:07,635 --> 00:47:10,702
there's a proposal for the draft lenny's framework,

796
00:47:10,702 --> 00:47:14,301
to eliminate detached residential as a land use

797
00:47:14,301 --> 00:47:18,535
category and creating higher densities and, in those areas.

798
00:47:18,535 --> 00:47:19,902
so obviously we'll need to reflect

799
00:47:19,902 --> 00:47:22,935
that in our zoning as well, that that will match.

800
00:47:22,935 --> 00:47:27,102
and so we're hoping that a lot of these,

801
00:47:27,102 --> 00:47:30,667
those changes will actually formulate the alternative plan

802
00:47:30,667 --> 00:47:32,667
during that process.

803
00:47:34,400 --> 00:47:36,400
thank you.

804
00:47:36,767 --> 00:47:39,167
any other clarifying questions

805
00:47:39,168 --> 00:47:42,168
from commissioners before public comment?

806
00:47:43,168 --> 00:47:44,802
okay.

807
00:47:44,802 --> 00:47:47,667
let's move to public comment on this item.

808
00:47:47,667 --> 00:47:49,835
we have one speaker.

809
00:47:49,835 --> 00:47:52,367
jack, did you still want to speak on item number two?

810
00:47:52,367 --> 00:47:54,367
okay.

811
00:48:00,502 --> 00:48:02,502
william jefferson.

812
00:48:04,434 --> 00:48:05,702
oh, right

813
00:48:05,702 --> 00:48:09,302
over the human fence from 6230 claremont.

814
00:48:09,668 --> 00:48:12,801
I think it be useful to see what

815
00:48:12,801 --> 00:48:14,801
the sb 79 densities,

816
00:48:16,835 --> 00:48:20,602
how they compare to the, densities currently.

817
00:48:20,602 --> 00:48:25,301
for example, I know that sb 79 doesn't apply

818
00:48:25,301 --> 00:48:27,535
to the 6230 claremont application

819
00:48:27,535 --> 00:48:29,935
or the application of the trader joe's site,

820
00:48:29,935 --> 00:48:33,935
because those both filed their, sb 330 preliminary applications

821
00:48:33,935 --> 00:48:37,335
prior to july 1st of this year when sb cynthia

822
00:48:37,335 --> 00:48:38,802
and I went into effect.

823
00:48:38,802 --> 00:48:43,834
but, I have, done calculations for both of those

824
00:48:43,834 --> 00:48:45,834
for to verify,

825
00:48:46,969 --> 00:48:50,336
that what the developers have claimed is valid.

826
00:48:50,336 --> 00:48:56,201
let me say on the trader joe's site, they, claimed 415 units.

827
00:48:56,201 --> 00:48:59,435
they qualify for that with your densities

828
00:48:59,435 --> 00:49:02,467
and the cn two zone for a 95ft building.

829
00:49:02,467 --> 00:49:04,201
of course.

830
00:49:04,201 --> 00:49:07,502
then they piggyback on the state density bonus law

831
00:49:07,502 --> 00:49:10,368
that takes them up to,

832
00:49:10,368 --> 00:49:12,401
well, it takes them, allows them

833
00:49:12,401 --> 00:49:16,735
waivers on everything, and they go up over 300ft.

834
00:49:16,735 --> 00:49:19,401
now, they didn't know, I guess, about the gross to net conversion,

835
00:49:19,401 --> 00:49:22,902
which would bring them up to over 550ft.

836
00:49:22,902 --> 00:49:26,368
are you sure that you really want to apply that?

837
00:49:26,368 --> 00:49:29,350
I think that you if you do, if you think that's valid,

838
00:49:29,350 --> 00:49:32,100
you need to adjust your densities downwards

839
00:49:32,100 --> 00:49:34,335
throughout the city to take into account

840
00:49:34,335 --> 00:49:36,435
that you've made them unreasonably large.

841
00:49:36,435 --> 00:49:38,468
once the gross and that is applied,

842
00:49:38,468 --> 00:49:39,768
I'd like you to think about that.

843
00:49:39,768 --> 00:49:43,268
I'd like to see the way your densities pre

844
00:49:43,268 --> 00:49:47,701
and without sb 79 apply to what happens with sb 79.

845
00:49:47,701 --> 00:49:49,401
thank you, thank you.

846
00:49:49,401 --> 00:49:52,100
that was our only speaker.

847
00:49:52,100 --> 00:49:54,100
thank you.

848
00:49:54,168 --> 00:49:56,969
okay, I will open it up for comments

849
00:49:56,969 --> 00:50:00,569
and any further discussion from commissioners.

850
00:50:08,502 --> 00:50:10,235
quiet group today.

851
00:50:10,235 --> 00:50:13,301
I mean I'll just say I mean, I obviously want the city

852
00:50:13,301 --> 00:50:15,268
to be in compliance with hcd.

853
00:50:15,268 --> 00:50:17,902
so I mean these these changes make make sense to me.

854
00:50:17,902 --> 00:50:21,668
I read through the hcd letter, and so, you know,

855
00:50:21,668 --> 00:50:24,468
we have to take that kind of compliance seriously.

856
00:50:24,468 --> 00:50:27,468
so I support these changes.

857
00:50:28,200 --> 00:50:30,969
you know doing that I support these changes as well.

858
00:50:30,969 --> 00:50:34,802
but, the recent public commentary about the density

859
00:50:34,802 --> 00:50:37,935
bonus changes is something that I was wondering about as well.

860
00:50:37,935 --> 00:50:43,668
do you have any thoughts or comments on pre and post sb 79,

861
00:50:43,668 --> 00:50:47,834
and how how that might impact some of these projects?

862
00:50:47,834 --> 00:50:50,234
I mean, 500 plus feet.

863
00:50:54,735 --> 00:50:58,168
I mean, I don't know that I can say offhand about the the heights.

864
00:50:58,168 --> 00:51:02,368
I mean, sb 79 does have a height.

865
00:51:03,202 --> 00:51:07,935
allowance in it that it talks about and then but it does.

866
00:51:07,935 --> 00:51:11,168
actually, sb 79 does allow you to do a density bonus project on top of sb 79.

867
00:51:11,168 --> 00:51:13,568
so, that might be,

868
00:51:14,667 --> 00:51:16,401
where would it

869
00:51:16,401 --> 00:51:18,668
attorney question of how that works out exactly.

870
00:51:18,668 --> 00:51:23,535
but but that it does I mean, sb seven does allow you to do

871
00:51:23,535 --> 00:51:27,969
density bonus on top of what sb 79 is,

872
00:51:27,969 --> 00:51:29,668
is that's something that we have to do,

873
00:51:29,668 --> 00:51:34,368
or is that something that we could still in the future

874
00:51:34,368 --> 00:51:36,435
not regulate but but

875
00:51:36,435 --> 00:51:40,102
but just or tinker around because some

876
00:51:40,102 --> 00:51:43,734
some areas may be more heavily impacted than others.

877
00:51:43,734 --> 00:51:46,134
and the question is,

878
00:51:46,602 --> 00:51:49,902
is it always the best to go as high as you can, or is there

879
00:51:49,902 --> 00:51:53,268
flexibility for oakland to adjust that?

880
00:51:53,268 --> 00:51:54,902
or is it just because it's state law now?

881
00:51:54,902 --> 00:52:00,302
it's just not allows for us to do.

882
00:52:00,969 --> 00:52:02,502
this is michael branson. I'm going to attempt to answer your question

883
00:52:02,502 --> 00:52:04,340
from the legal framework.

884
00:52:04,340 --> 00:52:07,368
so the as the speaker alluded to,

885
00:52:07,368 --> 00:52:11,568
neither of those projects are using sb 79.

886
00:52:12,602 --> 00:52:16,169
my I'm speaking a little bit off the cuff here, but the

887
00:52:16,169 --> 00:52:19,102
the trader joe's project is very close to the bart site,

888
00:52:19,102 --> 00:52:23,935
so it would receive the largest, allowance under sb 79.

889
00:52:23,935 --> 00:52:26,502
that said, the oakland zoning is quite generous

890
00:52:26,502 --> 00:52:28,535
on that site as well, and that's why

891
00:52:28,535 --> 00:52:30,869
you see in the proposal that you're seeing,

892
00:52:30,869 --> 00:52:36,201
the other project is closer to the half mile band,

893
00:52:36,201 --> 00:52:39,100
which I can pull up the specific requirements

894
00:52:39,100 --> 00:52:40,601
if that's helpful to you.

895
00:52:40,601 --> 00:52:42,601
but I think,

896
00:52:43,568 --> 00:52:47,168
you know, I don't know.

897
00:52:47,401 --> 00:52:51,834
okay. Stop. Can we have the presentation back?

898
00:52:51,834 --> 00:52:53,834
thank you.

899
00:52:57,235 --> 00:52:59,201
that.

900
00:52:59,201 --> 00:53:00,301
sorry.

901
00:53:00,301 --> 00:53:01,868
okay, great.

902
00:53:01,868 --> 00:53:04,802
and so we're talking about bart.

903
00:53:04,802 --> 00:53:07,502
we're talking about bart. So we're looking at the tier one half mile,

904
00:53:07,502 --> 00:53:09,902
which allows for 65ft.

905
00:53:10,502 --> 00:53:13,335
but sb 79 also allows for pairing with density.

906
00:53:13,335 --> 00:53:15,268
bonus. That's written into state law.

907
00:53:15,268 --> 00:53:18,400
that's not part of any, local city

908
00:53:18,400 --> 00:53:20,400
requirement.

909
00:53:21,768 --> 00:53:23,401
I don't feel like I've answered your question fully,

910
00:53:23,401 --> 00:53:27,101
so please feel free to follow up, because that was this.

911
00:53:27,101 --> 00:53:29,101
yeah. These projects,

912
00:53:29,202 --> 00:53:32,535
these projects are not using sb 79 because I guess they were before

913
00:53:32,535 --> 00:53:33,335
it got into effect.

914
00:53:33,335 --> 00:53:35,902
but I know the public commenter

915
00:53:35,902 --> 00:53:38,902
mentioned projects potentially 500 plus feet.

916
00:53:38,902 --> 00:53:42,968
so is that is that mean once now that sb 79 is in effect

917
00:53:42,968 --> 00:53:44,268
and all the density bonus is

918
00:53:44,268 --> 00:53:46,568
can be applied on top of each other?

919
00:53:46,568 --> 00:53:49,934
I mean, it's there's no more flexibility on

920
00:53:49,934 --> 00:53:52,568
the city's side to

921
00:53:52,568 --> 00:53:58,690
I wouldn't say it, rain in some of these heights, but

922
00:53:58,690 --> 00:54:00,568
is it is it what it is now, or is there still for us

923
00:54:00,568 --> 00:54:02,568
the opportunity to?

924
00:54:04,935 --> 00:54:07,901
I mean, what I would say is that, you know, part of us

925
00:54:07,901 --> 00:54:10,201
working on the alternative plan

926
00:54:10,201 --> 00:54:11,535
is to look at, you know,

927
00:54:11,535 --> 00:54:13,902
a more nuanced approach than what sb 79 is.

928
00:54:13,902 --> 00:54:19,535
and so right now in, you know, the rock ridge area,

929
00:54:19,535 --> 00:54:22,868
there were not exclusions we could apply to that area.

930
00:54:22,868 --> 00:54:25,135
so sb 79 is in effect, that as

931
00:54:25,135 --> 00:54:29,169
part of the alternative plan, there may be some variations of,

932
00:54:29,169 --> 00:54:32,401
potentially, you know, higher heights and densities.

933
00:54:32,401 --> 00:54:34,268
the closer you get to the bart station,

934
00:54:34,268 --> 00:54:36,902
then some of these areas may be further

935
00:54:36,902 --> 00:54:40,235
away, might be lower potentially, than what sb 79 is showing on here.

936
00:54:40,235 --> 00:54:42,635
so that's where you can get into some of that nuance.

937
00:54:42,635 --> 00:54:46,835
but we still are required as a city by sb 79

938
00:54:46,835 --> 00:54:49,335
to have at least the equivalent density allowance

939
00:54:49,335 --> 00:54:53,268
in the whole half mile area, so that density has

940
00:54:53,268 --> 00:54:55,802
to go somewhere within that half mile area.

941
00:54:55,802 --> 00:54:57,735
so if you like I said, if you lower one area,

942
00:54:57,735 --> 00:55:02,535
then it has to increase in another spot.

943
00:55:03,236 --> 00:55:05,435
yeah. It's just very it's a very interesting

944
00:55:05,435 --> 00:55:07,134
state law because it just

945
00:55:07,134 --> 00:55:09,534
looks at this scenario.

946
00:55:10,169 --> 00:55:12,969
but then it doesn't necessarily take into account

947
00:55:12,969 --> 00:55:17,969
local nuances and whether going as high as you are allowed

948
00:55:17,969 --> 00:55:21,635
to do is really the best fit for that specific space.

949
00:55:21,635 --> 00:55:22,835
but so I was just wondering

950
00:55:22,835 --> 00:55:25,168
if there's any ability to have that nuance,

951
00:55:25,168 --> 00:55:27,869
but it doesn't necessarily sound like we do,

952
00:55:27,869 --> 00:55:31,469
which is unfortunate, but, thank you.

953
00:55:31,767 --> 00:55:33,168
I just want to note to

954
00:55:33,168 --> 00:55:36,902
you said that it would allow for up to 500ft,

955
00:55:36,902 --> 00:55:39,834
and I think the speaker mentioned 500 units at the heights are up to 95ft.

956
00:55:39,834 --> 00:55:41,834
and then

957
00:55:42,201 --> 00:55:44,680
if you apply the gross and it would be over

958
00:55:44,680 --> 00:55:47,668
5 to 50ft on what's allowed,

959
00:55:47,701 --> 00:55:50,101
the, it's not

960
00:55:50,468 --> 00:55:52,468
okay, okay. But.

961
00:55:54,200 --> 00:55:56,535
I'll, I'll speak to the public commenter afterwards.

962
00:55:56,535 --> 00:55:57,735
I understand that position.

963
00:55:57,735 --> 00:55:58,968
I'd like to understand it a little bit more,

964
00:55:58,968 --> 00:56:01,968
but the height requirements under,

965
00:56:02,102 --> 00:56:07,568
our local requirements for I think that's in the

966
00:56:07,568 --> 00:56:09,201
there's some, there's some reuse, there's some ccs

967
00:56:09,201 --> 00:56:10,735
that they've kind of cap out,

968
00:56:10,735 --> 00:56:14,134
except for immediately around bart at the 95ft mark.

969
00:56:14,134 --> 00:56:18,334
again, the trader joe's sites different

970
00:56:18,435 --> 00:56:21,134
and then under sb 79, it would go up to 95ft

971
00:56:21,134 --> 00:56:24,302
and you can get density bonus under sb 79.

972
00:56:24,302 --> 00:56:29,134
you can ask for height waivers, but, it's restricted only,

973
00:56:29,134 --> 00:56:31,802
so that you can't ask for a height

974
00:56:31,802 --> 00:56:35,680
waiver if it's, in excess of the local height limit.

975
00:56:35,680 --> 00:56:36,268
so there are some restrictions

976
00:56:36,268 --> 00:56:38,435
on getting height waivers under sb 79.

977
00:56:38,435 --> 00:56:41,340
although we do have the ability to to have local height limits

978
00:56:41,340 --> 00:56:44,301
then still it sounds like okay. Yes.

979
00:56:44,301 --> 00:56:46,702
but I will note under the density bonus law,

980
00:56:46,702 --> 00:56:49,135
which is what's being applied currently,

981
00:56:49,135 --> 00:56:53,135
the way they could ask for waivers to the height limits.

982
00:56:53,135 --> 00:56:56,369
okay, so that's why the projects now are taller

983
00:56:56,369 --> 00:56:58,169
because they're asking for waivers to in order to accommodate

984
00:56:58,169 --> 00:57:02,368
the density that's allowed for the density bonus project.

985
00:57:02,368 --> 00:57:04,602
okay, so what is, know, maybe we don't have to go into that.

986
00:57:04,602 --> 00:57:05,869
this. But maybe at a future meeting.

987
00:57:05,869 --> 00:57:08,635
I would love to hear what the maximum.

988
00:57:08,635 --> 00:57:11,602
oh, I think your questions are.

989
00:57:11,602 --> 00:57:13,503
correct me if I'm wrong.

990
00:57:13,503 --> 00:57:16,535
they seem to be more about the projects and maybe the general plan

991
00:57:16,535 --> 00:57:20,368
phase two, and less so about sb 79 in particular.

992
00:57:20,368 --> 00:57:23,835
so we probably should agendize a topic related to kind of

993
00:57:23,835 --> 00:57:26,335
looking at that topic more holistically.

994
00:57:26,335 --> 00:57:28,968
it was nationally was this put projects in general

995
00:57:28,968 --> 00:57:31,134
that will come back under sb 79

996
00:57:31,134 --> 00:57:32,802
or specifically about those projects,

997
00:57:32,802 --> 00:57:35,902
but I think it would be helpful maybe in the future,

998
00:57:35,902 --> 00:57:39,350
to maybe have a more in depth conversation about

999
00:57:39,350 --> 00:57:44,268
sb 79 or what it actually means to potential future projects.

1000
00:57:44,268 --> 00:57:44,834
okay.

1001
00:57:44,834 --> 00:57:46,801
yeah.

1002
00:57:46,801 --> 00:57:48,801
thank you.

1003
00:57:59,702 --> 00:58:01,735
thank you for the presentation.

1004
00:58:01,735 --> 00:58:04,669
I don't really have any further comments.

1005
00:58:04,669 --> 00:58:08,690
I think we had a really robust discussion here earlier this year about this item.

1006
00:58:08,690 --> 00:58:10,401
and then it went to council and there were some

1007
00:58:10,401 --> 00:58:11,969
some of what we recommended was adopted.

1008
00:58:11,969 --> 00:58:14,968
they added some extra things in and I understand this

1009
00:58:14,968 --> 00:58:16,968
item to be

1010
00:58:18,435 --> 00:58:21,401
you know, pretty administrative, trying to right size

1011
00:58:21,401 --> 00:58:22,835
and adhere to the comments

1012
00:58:22,835 --> 00:58:26,702
from cd and mtc to come into full compliance.

1013
00:58:26,702 --> 00:58:29,835
so I, I don't have further questions on the item today,

1014
00:58:29,835 --> 00:58:34,869
and I'm happy to, move the recommendation forward.

1015
00:58:34,869 --> 00:58:38,735
I think as the phase two of the general plan continues

1016
00:58:38,735 --> 00:58:43,601
and we have more conversations about, land use items and,

1017
00:58:43,601 --> 00:58:45,802
and the zoning code,

1018
00:58:45,802 --> 00:58:49,835
maybe we can continue the conversation that commissioner randolph

1019
00:58:49,835 --> 00:58:55,401
has started. And I look forward to to having that piece because I think,

1020
00:58:55,401 --> 00:58:56,902
yeah, there is some sensitivity

1021
00:58:56,902 --> 00:59:01,535
that we need to have in different parts of oakland,

1022
00:59:01,535 --> 00:59:04,535
especially around gentrification and displacement.

1023
00:59:05,735 --> 00:59:09,168
and the flip side of that process of exclusion

1024
00:59:09,168 --> 00:59:10,535
that we've seen,

1025
00:59:10,535 --> 00:59:13,735
so I'm looking forward to having that conversation,

1026
00:59:13,735 --> 00:59:19,735
as part of the phase two of the general plan.

1027
00:59:20,235 --> 00:59:22,368
so let's go through to the chair

1028
00:59:22,368 --> 00:59:26,468
if we can make sure in your motion to include the,

1029
00:59:26,468 --> 00:59:30,100
I think, the updated map or is that not needed?

1030
00:59:30,100 --> 00:59:31,702
it's not needed. It's not.

1031
00:59:31,702 --> 00:59:33,168
yeah. The, the,

1032
00:59:33,168 --> 00:59:36,436
parcels that were at issue were the ones

1033
00:59:36,436 --> 00:59:39,400
that were being excluded. And that's shown on the other attachment.

1034
00:59:39,400 --> 00:59:41,400
yeah.

1035
00:59:43,502 --> 00:59:45,268
thank you. Do I have a motion.

1036
00:59:45,268 --> 00:59:49,536
can I move to, forward staff's recommendation

1037
00:59:49,536 --> 00:59:53,468
to the city council? Do we have to read everything that's not sufficient for me.

1038
00:59:53,468 --> 00:59:54,168
that's my motion.

1039
00:59:54,168 --> 00:59:56,168
second.

1040
00:59:57,601 --> 00:59:59,301
commissioner rink.

1041
00:59:59,301 --> 01:00:01,301
yes, commissioner. Lee.

1042
01:00:01,701 --> 01:00:03,968
yes, vice chair. Randolph.

1043
01:00:03,968 --> 01:00:04,901
yes, chair.

1044
01:00:04,901 --> 01:00:06,901
aarons. Yes.

1045
01:00:08,680 --> 01:00:10,680
the motion passes.

1046
01:00:12,235 --> 01:00:15,235
thank you. And thank you.

1047
01:00:16,202 --> 01:00:20,690
all right. Moving on to appeals, which I believe we have none of,

1048
01:00:20,690 --> 01:00:22,935
so I will move us on to commission business.

1049
01:00:22,935 --> 01:00:25,268
and our first item is the approval of the minutes

1050
01:00:25,268 --> 01:00:28,268
from the july 15th, 2026 meeting.

1051
01:00:29,568 --> 01:00:34,235
do I have a motion to approve the minutes?

1052
01:00:34,235 --> 01:00:37,235
move to approve the minutes.

1053
01:00:39,101 --> 01:00:42,102
I forgot what was the date again.

1054
01:00:42,102 --> 01:00:46,667
it was july 15th. I moved to, approve the july 15th minutes.

1055
01:00:46,667 --> 01:00:49,667
a second second by randolph.

1056
01:00:50,668 --> 01:00:52,734
the minutes did someone second.

1057
01:00:52,734 --> 01:00:54,734
oh, sorry.

1058
01:00:55,502 --> 01:00:57,368
commissioner reinke.

1059
01:00:57,368 --> 01:00:59,768
yes, commissioner lee. Yes.

1060
01:00:59,868 --> 01:01:01,680
vice chair. Randolph.

1061
01:01:01,680 --> 01:01:04,680
yes. And chair aarons. Yes.

1062
01:01:06,602 --> 01:01:08,602
okay. And then I have correspondence,

1063
01:01:08,602 --> 01:01:10,200
which I don't think we have any of,

1064
01:01:10,200 --> 01:01:14,535
but I do have I, vice chair randolph, did you have an item?

1065
01:01:14,535 --> 01:01:16,902
yeah, I thought it was at the end,

1066
01:01:16,902 --> 01:01:18,134
but I think when there's commission business, just I guess

1067
01:01:18,134 --> 01:01:20,502
overall question, that's not on the agenda,

1068
01:01:20,502 --> 01:01:24,268
but I warned director gilchrist that I was going to

1069
01:01:24,268 --> 01:01:26,168
mention something or just ask a general question

1070
01:01:26,168 --> 01:01:27,368
that doesn't need to be answered right now,

1071
01:01:27,368 --> 01:01:28,902
but there's nothing for them

1072
01:01:28,902 --> 01:01:31,301
to come back, I think for the for the commission.

1073
01:01:31,301 --> 01:01:32,568
I'm not sure if other

1074
01:01:32,568 --> 01:01:35,602
commissioners have, but I have received a fair amount

1075
01:01:35,602 --> 01:01:39,635
of questions and concerns about just the idea of data centers

1076
01:01:39,635 --> 01:01:42,801
in oakland coming to oakland being an oakland,

1077
01:01:42,801 --> 01:01:45,169
and the more I looked into it,

1078
01:01:45,169 --> 01:01:49,502
and I appreciate all the, the answers that were or,

1079
01:01:49,502 --> 01:01:52,680
the questions that were answered by city staff, but it is

1080
01:01:52,680 --> 01:01:53,134
it is not clear to me

1081
01:01:53,134 --> 01:01:54,468
currently if there's really an

1082
01:01:54,468 --> 01:01:57,301
an existing cp category or zoning code

1083
01:01:57,301 --> 01:01:59,901
that captures the concept of what a current day

1084
01:01:59,901 --> 01:02:03,101
use of a data center actually is.

1085
01:02:03,101 --> 01:02:06,340
just a quick database search shows that

1086
01:02:06,340 --> 01:02:07,969
there are already existing data centers

1087
01:02:07,969 --> 01:02:11,350
operating in oakland under existing use permits.

1088
01:02:11,350 --> 01:02:15,235
either light industrial, commercial or a previous,

1089
01:02:15,368 --> 01:02:18,268
you know, laboratory or data center use.

1090
01:02:18,268 --> 01:02:19,401
the question I really have,

1091
01:02:19,401 --> 01:02:20,935
where in the administrative review

1092
01:02:20,935 --> 01:02:24,101
are some of the public concerns and questions to address

1093
01:02:24,101 --> 01:02:25,502
that have been raised?

1094
01:02:25,502 --> 01:02:28,835
and these concerns range from impact to community,

1095
01:02:28,835 --> 01:02:31,235
bordering residents and businesses,

1096
01:02:31,568 --> 01:02:33,200
and the environment specifically,

1097
01:02:33,200 --> 01:02:36,690
if you can talk about noise, water impact, energy use,

1098
01:02:36,690 --> 01:02:40,568
air quality, impact on our power grid, that might not be, you

1099
01:02:40,568 --> 01:02:45,335
know, ready for for high intense data use, data center use.

1100
01:02:45,335 --> 01:02:47,869
and then from my conversation with city staff,

1101
01:02:47,869 --> 01:02:52,200
there seems to be no current use specifically for data center.

1102
01:02:52,200 --> 01:02:55,401
so there's no way for the city to really adequately track

1103
01:02:55,401 --> 01:02:58,802
of what it currently is, where it could be coming in,

1104
01:02:58,802 --> 01:03:01,768
and what an actual approval process could be that is more

1105
01:03:01,768 --> 01:03:07,168
transparent and and responsive to some of these concerns.

1106
01:03:07,436 --> 01:03:09,102
I'm not saying that I am. You know, I'm personally against data centers,

1107
01:03:09,102 --> 01:03:13,134
but I think there just needs to be more transparency,

1108
01:03:13,134 --> 01:03:14,201
for future projects.

1109
01:03:14,201 --> 01:03:15,768
and so currently

1110
01:03:15,768 --> 01:03:18,202
I was told that there are several

1111
01:03:18,202 --> 01:03:19,767
different kinds of functions and operations that are commonly

1112
01:03:19,767 --> 01:03:21,835
referred to as a data center

1113
01:03:21,835 --> 01:03:25,668
and based on the specifics of any given potential proposal,

1114
01:03:25,668 --> 01:03:27,468
different regulations and standards

1115
01:03:27,468 --> 01:03:30,468
for city review could apply.

1116
01:03:30,702 --> 01:03:32,680
generally speaking, the city expects that any business

1117
01:03:32,680 --> 01:03:34,336
proposing a major project in oakland

1118
01:03:34,336 --> 01:03:37,690
that could affect residents would include in their approach

1119
01:03:37,690 --> 01:03:39,869
a robust and equitable community engagement process.

1120
01:03:39,869 --> 01:03:42,502
but that might not always be the case.

1121
01:03:42,502 --> 01:03:46,200
obviously, the city cannot speculate on scope needs for

1122
01:03:46,200 --> 01:03:48,201
some of these projects have been in the news

1123
01:03:48,201 --> 01:03:50,835
since no formal plans or permits have been

1124
01:03:50,835 --> 01:03:53,835
or applications have been submitted.

1125
01:03:54,369 --> 01:03:57,368
but I think there's just a lot of confusion and concerns and ideas of what

1126
01:03:57,368 --> 01:03:59,768
a data center is.

1127
01:04:00,903 --> 01:04:04,435
yet there are many different times that have kind of a large spectrum of external impacts.

1128
01:04:04,435 --> 01:04:11,635
so I would love to maybe learn at a future, commission meeting,

1129
01:04:11,736 --> 01:04:15,336
what the city's maybe planning to do about potentially adding a specific category

1130
01:04:15,336 --> 01:04:19,368
that captures data centers more appropriately for us to be able

1131
01:04:19,368 --> 01:04:23,669
to track where they coming in, how they're being used,

1132
01:04:23,669 --> 01:04:27,201
and having a more robust conversation of what that type of use maybe

1133
01:04:27,201 --> 01:04:29,301
should look like in our city, because there still

1134
01:04:29,301 --> 01:04:31,701
have concerns about gentrification.

1135
01:04:31,702 --> 01:04:33,502
where in the city are they going into

1136
01:04:33,502 --> 01:04:38,235
an old west oakland has been, cited as a resource, but,

1137
01:04:38,235 --> 01:04:39,734
what is the impact going to be?

1138
01:04:39,734 --> 01:04:41,835
so, that's something

1139
01:04:41,835 --> 01:04:43,468
some of the concerns and thoughts I've had,

1140
01:04:43,468 --> 01:04:46,200
I know other cities have specific categories,

1141
01:04:46,200 --> 01:04:48,701
you know, in their zoning codes and planning codes and

1142
01:04:48,701 --> 01:04:51,101
on ways to more,

1143
01:04:51,134 --> 01:04:52,702
equitably.

1144
01:04:52,702 --> 01:04:54,968
I guess, manage the potential growth.

1145
01:04:54,968 --> 01:04:57,568
and I know we have a really strong

1146
01:04:57,568 --> 01:05:01,268
environmental justice component to all of our codes.

1147
01:05:01,268 --> 01:05:03,268
and overall, priorities.

1148
01:05:03,902 --> 01:05:06,168
and I don't want that to be lost when it comes

1149
01:05:06,168 --> 01:05:09,101
to these data centers coming into our communities.

1150
01:05:09,101 --> 01:05:11,101
thank you.

1151
01:05:12,767 --> 01:05:13,735
so we'll take that forward

1152
01:05:13,735 --> 01:05:15,368
and potentially come forward as a,

1153
01:05:15,368 --> 01:05:16,602
you know, discuss about potentially

1154
01:05:16,602 --> 01:05:18,301
bring it forward as an informational item.

1155
01:05:18,301 --> 01:05:22,501
but, can take it up with the director and, deputy director.

1156
01:05:22,501 --> 01:05:24,501
thank you.

1157
01:05:24,634 --> 01:05:25,368
okay.

1158
01:05:25,368 --> 01:05:26,934
thank you.

1159
01:05:26,934 --> 01:05:27,734
okay.

1160
01:05:27,734 --> 01:05:30,134
any city council actions?

1161
01:05:32,868 --> 01:05:33,634
I don't have anything

1162
01:05:33,634 --> 01:05:35,634
to report. No.

1163
01:05:38,102 --> 01:05:41,201
all right. And with that, I will adjourn today's meeting at 4:04 p.m..

1164
01:05:41,201 --> 01:05:43,535
and our next meeting is currently scheduled

1165
01:05:43,535 --> 01:05:45,535
for september 16th.

1166
01:05:46,134 --> 01:05:48,534
thank you so much.

1167
01:05:48,934 --> 01:05:52,567
technically, it's the 16th, but it's

1168
01:05:52,567 --> 01:05:54,536
sorry.

1169
01:05:54,536 --> 01:05:56,468
it's canceled. And the next meeting will be september 23rd. Right.

1170
01:05:56,468 --> 01:05:57,502
which would be a special meeting.

1171
01:05:57,502 --> 01:05:59,134
right, a special meeting.

1172
01:05:59,134 --> 01:06:01,134
thank you.

1173
01:06:42,168 --> 01:06:43,601
okay.

1174
01:06:43,601 --> 01:06:46,100
let those folks know.