Rezoning Moves to the City Council

On April 15, the Planning Commission gave its final approval to new Central Business District zoning regulations. The commission also voted to send the recommendations to the City Council; the Community and Economic Development Committee will be the first City Council body to consider the rezoning, probably in May.
April 15, 2009 Staff Report

Downtown Rezoning at the Planning Commission

On Wednesday April 15 at 8:00 pm, the full Planning Commission will consider the CBD rezoning for the first time. With the rezoning now with the full Commission, the rezoning process has moved into a new phase since the full Commission is more closely watched by City Council members and the public. CALM hopes that this greater exposure will help to build more support for limiting the heights of new buildings along Lakeside Drive. Everyone is encouraged to attend the Planning Commission meeting to support the 55-foot proposal. However, if you are not able to attend, the meeting will be broadcast live on KTOP.

January 2009 Landmarks Preservation Advisory Board Recommendations

On January 12, 2009, the Landmarks Preservation Advisory Board finalized major recommendations regarding historic properties and districts in the Central Business District (CBD). While most of the discussion focused on refinements to the Fine-Grain Zoning approach for historic districts and properties, the Landmarks Board did make a recommendation regarding new buildings at the Lake Merritt edge. You can see the staff report here: January 12, 2009, LPAB Staff Report

A significant issue being discussed is the preservation of view corridors into the CBD and views of historic buildings such as the Tribune tower and City Hall. There are numerous policies on preserving views listed in General Plan documents including the 1998 EIR for the General Plan, the Land Use and Transportation Plan, and the Open Space Conservation and Recreation Plan. Each of these documents contains policies promoting the preservation of views and view corridors and each proposes mitigations, including limiting building heights through zoning. The Landmarks Board identified a number of “scenic vistas” to be preserved in the CBD, including views from Lakeshore Ave.


Secondly, because most of the area of Lakeside Drive where building height limits are sought is an Area of Primary Importance, the Landmarks Board addressed the area directly. It should be noted that the Landmarks Board has not made specific height recommendations for any area of the CBD, including along Lakeside Drive. For Lakeside Drive, the Board’s recommendation is to limit the lot area utilized by new buildings. Specifically, new buildings may only cover 50% or 70 feet (whichever is less) of the direction of the lot running parallel to Lakeside Drive. For example, if the portion of a lot paralleling Lakeside is 200 feet long, a new building is limited to 70 feet and must leave the remaining 130 feet open in order to preserve the view corridors into downtown.

The Board’s recommendation does not address building heights which is an issue that still needs to be addressed since ZUC staff is still recommending heights of 170 and 275 feet along Lakeside Drive. We will continue to pursue reduced building heights with the Planning Commission.

Notes on Zoning Update Committee October 29 Meeting

On Wednesday October 29, several stakeholder groups provided their thoughts and vision for Oakland to the Zoning Update Committee. These groups included the Chinatown Chamber of Commerce, Oakland Builders Alliance, Oakland Heritage Alliance, CALM, and East Bay Housing Coalition.

There appear to be two main areas still requiring resolution: 1) what will be the final and permitted building heights along the downtown edge of Lake Merritt and 2) the final implementation strategy for the Fine Grain approach to zoning as the method for accomplishing historic preservation and economic development downtown.

With regard to building height limits, it is fair to say that the process has reached an impasse. The impasse is the result of the City of Oakland's unjustified position to permit buildings of 170 feet and higher in some areas by the Lake. This is in clear contrast to CALM's proposal for 55 foot height limits. Please see the staff report here: October 29, 2008, ZUC Staff Report

CALM's presentation focused entirely on specific General Plan policies and provisions which require the City to maintain and enhance the Gold Coast neighborhood, respect and preserve the historic properties and districts, and to protect important views into and away from downtown. CALM also pointed out that the General Plan directs new high-density housing away from the Gold Coast and Lake area.

It is clear that City staff has not considered the policies and directives of the General Plan in its height recommendations by Lake Merritt. CALM was please to be the first to bring actual General Plan materials into the rezoning process. The entire rezoning process for the CBD was initiated by the City Council in December, 2007, for the express purpose of bringing the Zoning Code into compliance with Oakland's General Plan. CALM will continue to press for limited building heights at Lake Merritt in compliance with Oakland's General Plan.

October 6 Combined Central Business District Rezoning Meeting

On Monday October 6, a combined meeting of the Zoning Update Committee (ZUC) and the Landmarks Preservation Advisory Board (LPAB) will take place to consider the LPAB's comments and recommendations on potential strategies, regulations, and incentives to retain and protect historic resources in the Central Business District (CBD). The ZUC previously requested the LPAB review proposed amendments to the zoning regulations in the CBD. In response, the LPAB held a series of meetings in July, August, and September which included public input from CALM, Oakland Heritage Alliance, Oakland Builders Alliance, and other interested parties.

The LPAB has now issued its report and recommendations based on those meetings and the combined meeting will consider the LPAB's recommendations on the 6th. You may read the staff report here: October 6 Combined ZUC/LPAB Staff Report

Most notably for CALM, the LPAB has tentatively recommended the 55 foot height limit along Lakeside Drive at the edge of Lake Merritt. The exception in this regard is that the LPAB recommends the somewhat higher building height of 85 feet at 19th Street and in the vicinity of Snow Park. We will continue to advocate the 55 foot limit for the entire area along Lakeside Drive, but we are encouraged by the LPAB recommendations at the Lake.

Additionally, CALM is pleased with many of the recommendations in the report, especially the report's detailed consideration of the effect of building heights on historic properties and areas. The LPAB recommends using a "Fine-Grain" approach to the rezoning with respect to historic resources. This approach identifies sub-areas in the CBD in order to align height with identified historic districts, such as the Lakeside Apartment District by the Lake, in order to maintain the integrity of historic districts and properties.

The October 6 combined meeting of the ZUC and LPAB will take place in Hearing Room 1, City Hall, One Frank H. Ogawa Plaza at 5:30pm.

Landmarks Preservation Advisory Board Considers Lake Merritt Height Limits

September 15, 2008, LPAB Staff Report

Recap of August ZUC Meetings

On August 20, the ZUC met to continue the CBD rezoning discussion. CALM made clear its disapproval of the increase in recommended building heights at the Lake since the ZUCs last meeting. Staff had changed its recommendation from 150 feet to 170 feet with no explanation for the increase in either the staff report published before the meeting or from the ZUC during the meeting.

Numerous other speakers expressed their displeasure with the increase. The ZUC took our comments, along with numerous comments from citizen and from Oakland Heritage Alliance.

Happily, without changing the staff recommendation, the ZUC did not adopt or approve the recommendation but instead scheduled additional hearings. This is a long process but CALM is encouraged that the recommnedation was not adopted. It was only two months ago, in July, that CALM made its 55 foot height limit proposal. We feel like we are making progress and we will continue to meet with the ZUC and advocate development controls and height limits at the edge of Lake Merritt.
August 20, 2008 ZUC Staff Report