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