Title
Subject: Zoning Code Update Project
From: Communtiy and Economic Development Agency
Approve the Final Passage (Second Reading) of an Ordinance amending the Oakland Planning Code to extend the expiration date of the interim controls for the implementation of the Oakland General Plan to December 31, 2005, and revising Sections 17.01.070 and 17.01.120 pertaining to the General Plan conformity requirements and providing for the interpretation of the land use diagram by the Director of Planning and Zoning
Body
APPROVED A @O FORM
FICE C
INTRODUCED BY COUNCILMEMBER
@In UN -9tf"RV5
ORDINANCE No. C.M.S.
ORDINANCE AMENDING THE OAKLAND PLANNING CODE TO
EXTEND THE EXPIRATION DATE OF THE INTERINI CONTROLS
FOR THE IMPLEMENTATION OF THE OAKLAND GENERAL PLAN
TO DECEM13ER 31, 2005, AND REVISING SECTIONS 17.01.070,
17.01.080 AND 17.01.120 PERTAINING TO THE GENERAL PLAN
CONFORMITY REQUIREMENTS AND PROVIDING FOR THE
INTERPRETATION OF THE LAND USE DIAGRAM BY THE
DIRECTOR OF PLANNING AND ZONING
WHEREAS, on May 12, 1998, the City Council passed Ordinance No. 12054 C.M.S.
adopting interim controls for implementation of the Oakland General Plan prior to the
comprehensive revision of the Oakland Planning Code including new zoning, subdivision,
environmental review, and related regulations; and
WHEREAS Section 5 of Ordinance No. 12054 C.M.S provides that the interim
controls shall expire after a three-year period unless extended for an additional two year period
following the recommendation of the Planning Commission; and
WHEREAS, on May 6, 1998, the Planning Commission adopted "Guidelines for
DeterminingProjectConformitywiththeGeneralPlanandZoningRegulations." The
Planning Commission amended the Guidelines on November 3, 1999, August 8, 2001, and
December 5, 2001; and
WHEREAS, the Community and Economic Development Agency is in the process of
updating the Oakland Planning Code to implement the General Plan, a process which was
expected to be completed three years from May 12, 1998; and
WHEREAS, on June 5, 2001, the City Council passed Ordinance No. 12332 C.M.S.
extending the interim controls for a two-year period until June 30, 2003; and
WHEREAS, the zoning code update project is not yet completed and it is necessary to
again extend the interim controls; and
WHEREAS, as noted at page 143 of the Land Use and Transportation Element
CLVTELL-I@and following, the General Plan Land Use Diagram is intended to be
illustrative of the General Plan goals and policies and was primarily intended to reflect existing
land use patterns; and Item 10-130r,
ORA/Council
July 15, 2003
WHEREAS, during the zoning update process staff has deterrrfined that in many
instances the Land Use Diagram is neither accurate not precise and in fact in some instances it
has mapped classifications in error and in a manner that clearly contradicts the intend of the
map as described in the LUTE; and
WHEREAS, amendments are necessary to the Oakland Planning Code and the interim
controls to accommodate situations where staff has in the past or will in the ftiture determine
that the Land Use Diagram has mapped an area of the City in error, making it erroneously
appear that certain predominant land uses or densities are not allowed when in fact that was not
the intent of the LUTE; and
WHEREAS, staff has determined that it will recommend amendments to the Land use
Diagram when the zoning map is updated to correct areas where the General Plan land use
classification may have been assigned without a parcel by parcel survey; and
WHEREAS, revisions are proposed to the interim guidelines to allow applicants to
request a General Plan conforinity determination from the Director of Planning and Zoning if it
can be demonstrated that a proposed project meets the intent of the written goals and policies
of any element of the General Plan and other findings as described in the Ordinance; and
WHEREAS, revisions are proposed to the interim guidelines to allow projects to be
approved with an interim or permanent conditional use pen-nit notwithstanding apparent
inconsistency with the Land Use Diagram if certain findings can be made by the Planning
Director pertaining to the predominant uses and densities in the area of the proposal and if it
can be demonstrated that a proposed project meets the intent of the written goals and policies
of any element of the General Plan and other findings as described in the Ordinance; and
WHEREAS, the written determination by the Director of Planning and Zoning is
required to be sent to all property owners within 300 feet of the property involved; and
WHEREAS, the written determination by the Director of Planning and Zoning may be
appealed to the City Council; andCity Planning Conunission; and
WHEREAS, the requirements of the California Environmental Quality Act (CEQA) of
1970 are satisfied because the interim controls are covered by the Environmental Impact
Report prepared for the Land Use and Transportation Element that was certified by the City
Council on March 24, 1998; and
WHEREAS, the Council finds and determines that the public safety, health,
convenience, comfort, prosperity, and general welfare will be furthered by extending the
interim controls; now, therefore,
THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Section 5 of Ordinance No. 12054 C.M.S.,
Ordinance 12054 C.M.S shall remain in effect for an additional four years beyond the original
period set forth in that section, and thus it shall remain in effect until December 11, 2005.
SECTION 2. The Oakland Planning Code is hereby amended as follows. Deleted
language is shown by strikethreugh; new language is underlined.
"Chapter 17.01.070 Determination of General Plan conformity by Director of
City Planning
The Director of City Planning shall determine whether any specific proposal conforms
to with the General Plan. The Director shall use the guidelines adopted pursuant to Section
17.01.060 in making this determination. Any interested party may apply for Feque&t-@ a
written General Plan conformity determination be made in wFitin upon payment of a fee as
prescribed in the city master fee schedule. Prior to making a decision, there shall be notice
given bV mail or delivery to ail persons shown on the last available equalized assessment roll as
owning real property in the cily within three hundred (300) feet of the property involved
1)ursuant to Section 17.134.040.
"Chapter 17.01.080 Appeal of Director's determination
A. Within ten calendar days of a written determination by the Director of City
Planning pursuant to Section 17.01.070, an appeal of such determination may be taken to the
City Planning Commission by the applicant or any other interested party. Such appeal shall be
accompanied by a fee as prescribed in the city master fee schedule, and shall be processed in
accordance with the administrative appeal procedure in Chapter 17.132.
B-.B. Within ten calendar days of a written determination by the Director of City
Plarminp, pursuant to Section 17.01.120 C. an appeal of such determination may be taken to the
City Council by the applicant or any other interested party. Such appeal shall be accompanied
by a fee as prescribed in the city master fee schedule. In event the last date of appeal falls on a
weekend or holiday when city offices are closed, the next date such offices are open for business
shall be the last date of appeal. Such anneal shall be made on a form prescribed by the Directo
and shall be filed with the City Clerk. I he appeal shall state specifically wherein it is claimed
there was an error or abuse of discretion by the Planning Director or wherein his/her decision is
not supported by the evidence in the record. Upon receim of such appeal, the Cowicil shall set
the date for consideration thereof. After the hearinp, date is set, the Planning Director shall refer
the matter to the Planning Commission for its review and advice. The Planning Commission
shall consider the matter at its next available meeting. Such referral shall be only for the purpose
of issue clarification and advice. The City Clerk shall not less than ten davs prior to the Council
hearing, give to the applicant; the appellant in those cases where the applicant is not the
appellant; adverse party or parties, or to the attorney. spokesperson. or representative of such
vartv or parties; other interested groups and neighborhood associations who have requested
notification: and to similar Proups and individuals as the Secretary deems appropriate. written
notice of the date and place of the hearing on the appeal. In considering the appeal. the Council
shall determine whether the proposal conforms to the provisions of section 17.01.120.C and
may approve or disapprove the proposed determination. The decision of the City Council shall
be made bv resolution and shall be final.
"Chapter 17.01.120 Proposals clearly not in conformance with the General Plan or the
Land Use Diagram.
Any proposal determined to clearly not conform to vAth the General Plan shall not
be allowed and no application shall be accepted, nor shall any permits be approved or issued,
for any such proposal, except as provided in this section or in Section 17.01.040 or Section
17.01.070.
_A. If Permitted or Conditionally Permitted by Zoning and/or Subdivision
Regulations ("Express Conflict"). At his or her option, the applicant may modify the project
to conform to the General Plan, request a General Plan conformity determination from the
Director of City Planning pursuant to Section 17.01.070, or may apply for a General Plan
Amendment. If such amendment involves the land use classification, the amendment shall be
to the land use classification corresponding to the "best fit zone" or of other possible zone in
which the proposal is located, as determined in accordance with the guidelines adopted
pursuant to Section 17.01.060.
B. If Not Permitted by Zoning and/or Subdivision Regulations (No "Express
Conflict"). If proposal is not permitted under the Zoning Regulations, the applicant may apply
for a rezoning pursuant to the rezoning and law change procedure in Chapter 17.144 in
addition to a General Plan amendment. Any such rezoning shall be to the 'best fit zone": or
other possible zone corresponding to the land use classification of the associated General Plan
amendment, as determined in accordance with the guidelines adopted pursuant to Section
17.01.060. If such a rezoning is approved, the proposal shall then be subject to all of the
provisions of the new zone, including but not limited to any required conditional use permit.
C. If permitted or conditionally permitted by zoning, and where determined by
the Planning Director to be consistent with the surrounding land uses and appropriate for the
area, notwithstanding that the project may not be consistent with the General Plan classification
shown on the Land Use Diagram. It is recognized that the General Plan land uses have
been broadly applied to areas without parcel by parcel specificity and that the Land Use
Diagram details are largely illustrative of the Plan's written goals and policies. Because the
Diagram is generalized, and does not necessarily depict the accuracy of eagh2gc@
small land areas, a determination of project consistency can be requested of the Director of
City Planning. The applicant must demonstrate to the satisfaction of the Planning Director that
the predominant use, or average density, is different from that shown on the Diagram and
is appropriate for the area in question and that the project is in conformance with the written
goals and policies of the General Plan. The project may be allowed upon the granting of an
interim conditional use permit or a conditional use permit. Written notice of the Director's
determination shall be sent to all property owners within 300 feet of the properDLi1volved.
The Director's determination may be appealed to the City Council pursuant to Section
17.01.080 B.
SECTION 3. This ordinance complies with the California Environmental Quality Act because
the interim controls are covered by the Environmental Impact Report for the Land use and
Transportation Element of the General Plan that was certified by the City Council on March
24, 1998.
SECTION 4. This ordinance shall be effective upon adoption, subject to the
provisions of Section 213 of the Charter of the City of Oakland.
SECTION 5. If any provision of this ordinance or application thereof to any person or
circumstances is held invalid, the remainder of this ordinance and the application of such
provisions to other persons or circumstances shall not be affected thereby.
IN COUNCIL, OAKLAND, CALIFORNIA, 2003
PASSED BY THE FOLLOWING VOTE:
AYES-
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council of
the City of Oakland, California
Item
ORA/Council
July 15,2003
NOTICE AND DIGEST
ORDINANCE AMENDING THE OAKLAND PL TO
EXTEND THE EXPIRATION DATE OF THE INTERIM[ CONTROLS
FOR THE IM[PLEMENTATION OF THE OAKLAND GENERAL PLAN
TO DECEMEBER 31, 2005, AND REVISING SECTIONS 17.01.070,
17.01.080 AND 17.01.120 PERTAINING TO THE GENERAL PLAN
CONFORMITY REQUIREMENTS AND PROVIDING FOR THE
INTERPRETATION OF THE LAND USE DIAGRAM BY THE
DIRECTOR OF PLANNING AND ZONING
This Ordinance extends the expiration date of the interim controls from the original date
of expiration to December 31, 2005 and amends Sections 17.01.070, 17.01.080 and
17.01.120 of the Oakland Planning Code to empower the Director of Planning and
Zoning to make certain determinations and interpretations about project General Plan
Conformity and to interpret the Land Use Diagram in certain situations and to apply that
interpretation to specific projects.
item /0.1se-C,
ORATC'ouneil
Julv 15, 2003
APPROVED AS TO FORM
OLF Ey Ljo,@@LITY
@5N
,CL T"r CIT@' CLCRK
INTRODUCED BY COUNCILMEMBER
MAfrT'@A70FNEY
(503 1 4: 35
ORDINANCE No. C.M.S.
ORDINANCE AMENDING THE OAKLAND PLANNING CODE TO
EXTEND THE EXPIRATION DATE OF THE INTERIM CONTROLS
FOR THE IMPLEMENTATION OF THE OAKLAND GENERAL PLAN
TO DECEMBER 31, 2005, AND REVISING SECTIONS 17.01.070 AND
17.01.120 PERTAINING TO THE GENERAL PLAN CONFORMITY
REQUIREMENTS AND PROVIDING FOR THE INTERPRETATION OF
THE LAND USE DIAGRAM BY THE DIRECTOR OF PLANNING AND
ZONING
WHEREAS, on May 12, 1998, the City Council passed Ordinance No. 12054 C.M.S.
adopting interim controls for implementation of the Oakland General Plan prior to the
comprehensive revision of the Oakland Planning Code including new zoning, subdivision,
environmental review, and related regulations; and
WHEREAS Section 5 of Ordinance No. 12054 C.M.S provides that the interim
controls shall expire after a three-year period unless extended for an additional two year period
following the recommendation of the Planning Commission; and
WHEREAS, on May 6, 1998, the Planning Commission adopted "Guidelines for
Deter-miningProjectConformitywiththeGeneralPlanandZoningRegulations." The
Planning Commission amended the Guidelines on November 3, 1999, August 8, 2001, and
December 5, 2001; and
WHEREAS, the Community and Economic Development Agency is in the process of
updating the Oakland Planning Code to implement the General Plan, a process which was
expected to be completed three years from May 12, 1998; and
WHEREAS, on June 5, 2001, the City Council passed Ordinance No. 12332 C.M.S.
extending the interim controls for a two-year period until June 30, 2003; and
WHEREAS, the zoning code update project is not yet completed and it is necessary to
again extend the interim controls; and
WHEREAS, as noted at page 143 of the LUTE and following, the General Plan Land
Use Diagram is intended to be illustrative of the General Plan goals and policies and was
primarily intended to reflect existing land use patterns: and 0@k7t5salsX,
JUL 1 5 2003
WHEREAS, during the zoning update process staff has determined that in many
instances the Land Use Diagram is neither accurate not precise and in fact in some instances it
has mapped classifications in error and in a manner that clearly contradicts the intend of the
map as described in the LUTE; and
WBEREAS, amendments are necessary to the Oakland Planning Code and the interim
controls to accommodate situations where staff has in the past or will in the future determine
that the Land Use Diagram has mapped an area of the City in error, making it erroneously
appear that certain predominant land uses or densities are not allowed when in fact that was not
the intent of the LUTE; and
WMREAS, staff has determined that it will recommend amendments to the Land use
Diagram when the zoning map is updated to correct areas where the General Plan land use
classification may have been assigned without a parcel by parcel survey; and
WHEREAS, revisions are proposed to the interim guidelines to allow applicants to
request a General Plan conformity determination from the Director of Planning and Zoning if it
can be demonstrated that a proposed project meets the intent of the written goals and policies
of any element of the General Plan and other findings as described in the Ordinance; and
WBEREAS, revisions are proposed to the interim guidelines to allow projects to be
approved with an interim or permanent conditional use permit notwithstanding apparent
inconsistency with the Land Use Diagram if certain findings can be made by the Planning
Director pertaining to the predominant uses and densities in the area of the proposal and if it
can be demonstrated that a proposed project meets the intent of the written goals and policies
of any element of the General Plan and other findings as described in the Ordinance; and
WBEREAS, the written determination by the Director of Planning and Zoning is
required to be sent to all property owners within 300 feet of the property involved; and
WHEREAS, the written determination by the Director of Planning and Zoning may be
appealed to the City Planning Commission; and
WHEREAS, the requirements of the California Environmental Quality Act (CEQA) of
1970 are satisfied because the interim controls are covered by the Environmental Impact
Report prepared for the Land Use and Transportation Element that was certified by the City
Council on March 24, 1998; and
WTEREAS, the Council finds and determines that the public safety, health,
convenience, comfort, prosperity, and general welfare will be furthered by extending the
interim controls; now, therefore,
THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Section 5 of Ordinance No. 12054 C.M.S.,
Ordinance 12054 C.M.S shall remain in effect for an additional four years beyond the original
period set forth in that section, and thus it shall remain in effect until December 31, 2005.
SECTION 2. The Oakland Planning Code is hereby amended as follows. Deleted
language is shown by strikethroug ; new language is underlined.
"Chapter 17.01.070 Determination of General Plan conformity by Director of City
Planning
The Director of City Planning shall determine whether any specific proposal conforms
to w4h the General Plan. The Director shall use the guidelines adopted pursuant to Section
17.01.060 in making this determination. Any interested party may gpply for request that this a
written General Plan conformity deter-irfination be Enade in writing upon payment of a fee as
prescribed in the city master fee schedule. Prior to making a decision, there shall be notice
given by mail or delivery to all persons shown on the last available equalized assessment roll as
owning real property in the city within three hundred (300) feet of the property involved
pursuant to Section 17.134.040. "
"Chapter 17.01.120 Proposals clearly not in conformance with the General Plan.
Any proposal determined to clearly not conform to vAth the General Plan shall not
be allowed and no application shall be accepted, nor shall any permits be approved or issued,
for any such proposal, except as provided in Section I7.01.040 or Section 17.01.070.
A. If Permitted or Conditionally Permitted by Zoning and/or Subdivision
Regulations ("Express Conflict"). At his or her option, the applicant may modify the project
to conform to the General Plan, request a General Plan conformity determination from the
Director of Ci!y Planning pursuant to Section 17.01.070, or may apply for a General Plan
Amendment. If such amendment involves the land use classification, the amendment shall be
to the land use classification corresponding to the "best fit zone" or of other possible zone in
which the proposal is located, as determined in accordance with the guidelines adopted
pursuant to Section 17.01.060.
C. If permitted or conditionally permitted by zoning, and where determined by the
Planning Director to be consistent with the surrounding land uses and appropriate for the area,
notwithstanding that the project may not be consistent with the General Plan classification
shown on the Land Use Diagram. It is recognized that the General Plan land uses have
been broadly applied to areas without parcel by parcel specificitV and that the Land Use
Diagram details are largely illustrative of the Plan's written goals and policies. Because the
Diagram is generalized, and does not necessarily devict the accuracy of each narcel or very
small land Lreas, a determination of proeect consistency can be requested of the Director of
City Plarm ig. The applicant must demonstrate to the satisfaction of the Planning Director that
the predominant use, or average density, is different from that shown on the Diagram and
is appropriate for the area in guestion and that the project is in conformance with the written
goals and I)olicies of the General Plan. The proiect may be allowed uvon the granting of an
interim conditional use permit or a conditional use mrinit. Written notice of the Director's
determination shall be sent to all Property owners within 300 feet of the provem involved.
The Director's determination may be appealed to the City Planning Commission pursuant to
Section 17.01.080."
SECTION 3. This ordinance complies with the California Envirorimental Quality Act
because the interim controls are covered by the Environmental Impact Report for the Land use
and Transportation Element of the General Plan that was certified by the City Council on
March 24, 1998.
SECTION 4. This ordinance shall be effective upon adoption, subject to the
provisions of Section 213 of the Charter of the City of Oakland.
SECTION 5. If any provision of this ordinance or application thereof to any person or
circumstances is held invalid, the remainder of this ordinance and the application of such
provisions to other persons or circumstances shall not be affected thereby.
Introduction Date: JUN 1 7 2003
IN COUNCIL, OAKLAND, CALIFORNIA, 2003
PASSED BY THE FOLLOWING VOTE:
AYES-
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council of
the City of Oakland, California
Item
ORA/Council
July 15, 2003
NOTICE AND DIGEST
ORDINANCE AMENDING THE OAKLAND PLANNING CODE TO
EXTEND THE EXPIRATION DATE OF THE INTERIM CONTROLS
FOR THE IMPLEMENTATION OF THE OAKLAND GENERAL PLAN
TO DECEMBER 31, 2005, AND REVISING SECTIONS 17.01.070 AND
17.01.120 PERTAINING TO THE GENERAL PLAN CONFORMITY
REQUIREMENTS AND PROVIDING FOR THE INTERPRETATION OF
THE LAND USE DIAGRAM BY THE DIRECTOR OF PLANNING AND
ZONING
This Ordinance extends the expiration date of the interim controls from the original date
of expiration to December 31, 2005 and amends Sections 17.01.070 and 17.01.120 of
the Oakland Planning Code to empower the Director of Planning and Zoning to make
certain determinations and interpretations about project General Plan Conformity and to
interpret the Land Use Diagram in certain situations and to apply that interpretation to
specific projects.
Item-La. is Cc/
ORA/Council
July 15, 2003