Oakland 2045 General Plan
Update | Phase 1 Package
• Safety Elem ent
• Environm ental Justice (EJ) Elem ent
• Planning Code Amendments
• Final Environmental Impact Report
Planning and Building Department
Adoption Hearing | Community and Economic
Development Committee (CED)
September 12, 2023
1 General Plan Update Phase 2Agenda
• Overview of General Plan Update (GPU)
• Community Engagement Process and Feedback
• Phase 1 GPU Adoption
• Safety Element
• Environmental Justice (EJ) Element
• Planning Code Amendments
• Final Environmental Impact Report (EIR)
• Planning Commission Recommendation
• Revisions to Hearing Drafts
• Staff Recommendation
• Next Steps
2 Overview of General Plan
Update (GPU)
3 2045 General Plan Update
• Legal Basis for development and conservation.
• Establishes citywide vision and supporting goals, policies, and implementation measures .
• Eight required Elements
• Two Phase Approach to General Plan Update:
• Phase I (Winter 2021 – Fall 2023 )
• 2023 -2031 Housing Element ( Adopted January 31, 2023 ) • Safety Element & Environmental Justice Element
• Zoning Code and General Plan – Map and Text
Amendments for Phase 1
• Racial Equity Impact Assessment (REIA)
• Phase II (From Fall 2023 )
• Land Use and Transportation Element
• Open Space, Conservation and Recreation Element
• Capital Facilities and Infrastructure Element
• Noise Element and Updates to the Zoning Code
4 Project Timeline
5 November
2021
Winter and Spring 2022 Summer and Fall 2022
Winter 2023
Spring and
Summer 2023
Fall 2023
90 Day
Review
68 Day
Review
45 Day
Review
Community Engagement
6 Community Engagement At a Glance
• Discussion Groups
• 3 Focus Groups on Safety – 13 Organizations
participated
• 2 Focus Group on EJ – 10 Organizations
participated
• 2 Focus Groups on Planning Code
Amendments - 30 Organizations participated
• 8 Discussion Groups – 50 organizations
participated
• Townhalls and Neighborhood Workshops (in-
person and virtual)
• 7 workshops – Around 100 people
• Interviews
• 12 Environmental Justice Advocacy
Organizations
• Presentations to Neighborhood Councils
• 40+ Presentations – Around 650 people
• Deeply Rooted Outreach (4,452 people)
• Cultural Events and Pop-ups
• Youth Engagement
• Equity Working Group (EWG) Meetings
• Multilingual Community Education Materials and
Factsheets
• Online Engagement
• Videos on Safety and EJ
• EJ Hub and Online Survey
• Social Media
• Community Tour of West Oakland
• Technical Advisory Committee (TAC)
• Study Sessions with Decisionmakers at PC, CED,
PSC, CC
• Public Hearings at ZUC and LPAB
7 Deeply Rooted Community Outreach
8 Deeply Rooted Outreach
9 In-Person Outreach
November 2021 - June 2023 Outreach Through Social Media November 2021 - June 2023
Deeply Rooted Youth Fellows
Oakland Youths Vision For The
Town
• Gaining leadership skills in city
planning, climate justice, public
speaking and training peers to
propose solutions
• Enhance Youth-focused
Community Engagement Effort
• Paint & Educate
• Digital Tree
• I Am Poems
• Collaborations: Oakland Youth
Commission, Save the Bay, Mycelium
Youth Network, Frontline Catalysts, and
more
10 Deeply
Rooted Youth
Fellows -
Spoken Word
11 Deeply Rooted EJ Element Policy
Recommendations
Healthy Food Access
• Food recovery program: Ensure free food
providers maintain the quality of food. Food
should not be bruised or near expiration.
• Education and Awareness: Provide
nutritional education, plant medicine and
cooking classes, with an emphasis on
cultural and ancestral recipes
.
Meaningful Engagement
• Fund Capacity Building: Capacity building
should include educational training by field
expert so that residents can make informed
policy recommendations.
Air Pollution
• Protect residents who live near industrial
areas, port and freeways by enforcements,
providing air filters and re-routing trucks.
Trash/Waste Management
• Reduce trash on the streets in East and
West Oakland by funding a cleaning team,
increase enforcements for business for
illegal dumping, provide trash bins, and
public restrooms
Accessible Neighborhoods
• Create neighborhoods which are accessible
by biking/walking in 15 min.
• Parks Programming: Create open gyms,
playgrounds for youth, spaces for elders,
designated areas for skateboarding,
recreation areas for pets, and rugby fields in
parks.
12 Deeply Rooted Safety Element Policy
Recommendations
Emergency Response & Recovery
• Resilience Hubs: Create 8 resilience
hubs in East Oakland. Distribute
education materials regarding access
and utilization of resilience hubs.
• Community Training and Awareness:
Host a series of emergency preparedness
workshops, include voices of residents
who have survived past disasters.
Protection from flooding/ Sea level rise
• Remove bans on rainwater catchment
Create a program for outreach and
education of safe practices for rainwater
catchment.
Neighborhood Safety
• Adopt a compassion-centered
approach in all City operations and
projects by not involving the police force
in all enforcement efforts, and practicing
restorative justice
• Awareness campaigns and prevention/
treatment initiatives on drug use, gun
violence, and sexual assault
• Redirect funding towards supporting
alternatives to policing, affordable
housing, jobs and healthy food, etc.
13 Deeply Rooted & EWG Concerns and
Recommendations for Housing Sites Overlay
Community Concerns raised about the “By Right Development” Proposal:
• Removes Community Voices & Democracy and does not align with Federal and State EJ laws (eg, Biden EJ guidance and SB1000), and Oakland community goals of meaningful civic engagement of low- income communities of color.
• Can exacerbate racial displacement through market force displacement, in which market rate development that does not meet the affordability or quantity of units needed by residents leads to displacement through rising rents.
• The City’s Conditions of Approval and ECAP Checklist don’t provide sufficient protections against market force displacement of new market rate projects.
Deeply Rooted community members worry that “by right development” could lead to worse projects overall, alienate the communities they’re meant to serve, and perpetuate distrust of government.
Community Recommendations:
• Comply with the City’s Racial Equity Impact Assessment (REIA) recommendations:
• “Consider adopting by-right development in accordance with objective and human design standards for housing
developments on 6th cycle sites that: (a) include at least 30 percent deeply affordable housing in high resource areas and (2) include at least 50% affordable housing in low resource areas.” • Integrate the City’s commitment in the Housing Element to study the potential displacement of market rate housing projects in Oakland’s low-income communities of color, as was successfully commissioned by the City Planning Department in 2005 for the West Oakland Wood Street Project
• Exempt sites in low-income communities of color such as Chinatown, West Oakland, North Oakland, San Antonio/Fruitvale, and East Oakland.
• Enact a meaningful Inclusionary Zoning Policy that requires on-site affordable housing.
• Increase affordability requirement to:
• 50% affordable housing
• Define affordability by Area Median Income of neighborhoods (instead of metropolitan area).
14 Safety Element Policy
Framework
15 Safety Element Overview
• Requires cities to address natural and human-made hazards, as well as climate change adaptation and resilience
• Seismic and geologic-related hazards
• Flood hazards
• Wildland and fire hazards
• Evacuation routes
• Hazardous materials
• Requires Climate and Vulnerability Assessment
• Review by California Geological Survey of the Department of Conservation and CalFIRE Board of Forestry and Fire Protection • Formal review and approval by Board of Forestry on
August 22, 2023
• Extensive and well written, community facing and
accessible, good graphics and maps, interacts well
with the City’s Local Hazard Mitigation Plan (LHMP)
• Goals + policies prioritize frontline / vulnerable communities affected first and worst by climate change and environmental hazard impacts
16 Safety Element Goals
17 1. Minimize the risk to life and property caused by seismic and geologic hazards
2. Proactively prevent urban fires and exposure to wildfire and protect community members and property from fire danger
3. Protect people and property from flooding
4. Proactively plan for impacts of sea level rise on people, property, and essential infrastructure
5. Minimize health and safety impacts related to the use, storage, manufacture, and transport of hazardous materials
6. Protect Oaklanders from airport land use hazards
7. Foster feelings of safety in all Oakland neighborhoods
8. Maintain an emergency preparedness and response network that keeps all Oaklanders informed, connected, and safe before, during, and after an emergency
Key Policies & Actions in Safety Element
• Increase training and educational materials for residents related to fire safety, hazards, and emergency preparedness, SAF-8.10, SAF-8.11, SAF-A.14, SAF-A.31 • Prioritize mental health in frontline communities in emergency services planning and recovery from hazard events, SAF-7.3
• Adopt an Ordinance requiring local development standards meet or exceed SRA Fire Safe Regulations and ensure that new development in the VHFHSZ meets or exceeds California Fire Code and California Building Code, SAF-A.13
• Disallowing new residential development/subdivisions in areas with less than two evacuation routes unless a development were to provide additional connections to ameliorate this condition, SAF-2.3 • Sea Level Rise Vulnerability Assessment, required of applicants proposing to develop in a future inundation area along with a Sea Level Rise Adaptation Plan for implementation, SAF-4.5 • Study compounding impact of sea level rise on groundwater threats in areas with hazardous facilities.
Coordinate with adjacent jurisdictions to create a Shallow Groundwater Rise Vulnerability Assessment to understand its effects on people, the built environment, and water supply, SAF-A.21 18 Draft Safety Element - Community Input
19 General Topic Area Community Input/Important Themes
Wildfire Prevention Avoid or minimize development in the Very High Fire Hazard Severity Zone (VHFHSZ) where possible
If necessary, require development that meets or exceeds State codes in the State Responsibility Areas (SRA) and VHFHSZ Groundwater Rise Account for contaminated groundwater rise in areas with contaminated soils and at risk of liquefaction and flooding Mental Health Prioritize mental health in emergency planning, response, and recovery Climate Change Worsening risk of wildfire/smoke impacts, sea level rise, flooding , and other effects
Importance of green infrastructure/ecologically- sensitive solutions Opportunities for community leadership
Emergency Preparedness Need for adequate evacuation routes Equity in emergency response- focus on most vulnerable groups, including people experiencing homelessness, linguistically isolated, seniors, and those without vehicles
Public Safety Building upon Reimagining Public Safety project Crime-Prevention Through Environmental Design (CPTED) sensitive to context and cultural considerations
Key Changes in Public Hearing Draft
20 General Topic
Area
Community Input/Important Themes
Emergency Preparedness Added language for additional training and educational materials to build capacity of Oaklanders during hazard events, SAF-8.10, SAF-8.11 Development standards New action to adopt a local ordinance requiring development standards meet or exceed State regulations for new projects in the Very High Fire Hazard Severity Zone (VHFHSZ), SAF-A.13
Community Education and
Awareness
Closer collaboration with local organizations and community groups addressing sea level rise (SLR) adaptation through use of community- generated data critical to mapping SLR and community education, SAF-4.1 Provide fire safety and public education efforts to vulnerable populations related to development, property maintenance, and emergency preparedness in the VHFHSZ, SAF-A.14
Added a new action to establish a program that continually educates the public of enforcement policies and practices, and the roles of responsible agencies or departments for enforcement and assessing fines and/or penalties, SAF-A.31
Key Changes in Public Hearing Draft
21 General Topic
Area
Community Input/Important Themes
Contaminated
Groundwater rise
Added new policy requiring that development on contaminated sites account for impacts of rising shallow groundwater through a vulnerability assessment and adaptation plan, SAF-4.4
Added new action calling on multi-jurisdictional collaboration to develop a Shallow Groundwater Rise Vulnerability Assessment, SAF-A.21 Personal health and
wellness
Added language to explore funding opportunities to assist residents of EJ Communities to purchase indoor air filters, SAF-2.7
Added a new Policy prioritizing mental health in frontline communities in emergency services planning and recovery from hazard events, SAF-
7.3 Forecast Models and Maps Updated to be consistent with the third Uniform California Earthquake Rupture Forecast as recommended by the USGS, Chapter 2
Links to the most current maps for earthquake and tsunami hazards, Chapter 2
Environmental Justice (EJ)
Element Policy Framework
22 EJ Element Overview
• SB 1000 requires cities and counties
with disadvantaged communities (EJ
Communities) to adopt EJ goals,
policies, and actions in a standalone EJ
Element or throughout the General
Plan Elements.
• These goals, policies, and actions must:
• Identify environmental justice
communities
• Reduce health risks in EJ communities;
• Promote community engagement in the
public decision-making process;
• Prioritize improvements and programs that
meet the needs of EJ communities.
23 Focus Areas
Civic
Engagement
Reducing
Pollution
Safe and
Sanitary
Homes
Public Facilities
Prioritizing
Needs of EJ
Communities
Healthy Food
Access
Physical
Activity
EJ Element Goals
24 1. Reduce pollution, mitigate the impacts of pollution on existing sensitive land uses, and eliminate associated public health disparities.
2. Protect Oakland water supplies from contamination.
3. Prevent, reduce, and clean up illegal dumping.
4. Coordinate resources to improve housing quality and habitability.
Note: Other important housing policies addressing renter protections/anti - displacement, affordable housing production, homelessness, and other topics are included in the Housing Element.
5. Support a food system that provides nutritious, affordable, culturally relevant, and affordable food to all Oaklanders.
EJ Element Goals
25 6. Support a network of well-maintained community facilities that are easily accessible, culturally supportive, and responsive to community needs.
7. Create environments that support physical activity, recreation, and healthy lifestyles through safe, comfortable and ADA-compliant walkable, bikeable neighborhoods, with access to transit, green space, trees, paths, and parks.
8. Foster meaningful civic engagement and support community power- and capacity- building.
9. Expand economic development, income equality, and opportunity for all Oaklanders.
10. Prioritize improvements and programsthat meet the needs of environmental justice communities.
Key Policies & Actions in EJ Element
• Increase air quality protections by buffering heavy industrial uses from sensitive land uses, creating more stringent permitting standards for new high-intensity industrial or commercial activities, and amending the zoning code to create performance standards and special permit criteria for truck-intensive industrial activities, EJ-1.2, EJ-1.3, EJ-1.4, EJ-1.5, EJ-1.7, EJ-A.1, EJ-A.2 • Increase education and enforcement around illegal dumping, EJ-3.4 and EJ-3.5 • Increase coordination and collaboration with agency partners, such as BAAQMD, Port of Oakland, etc. on issues such as ZEV infrastructure, truck parking, data collection, EJ-1.17, EJ-A.3, EJ-A.13, EJ-A.14 • Increase community partnerships in engagement efforts, support capacity building of community members, and integrate community-led initiatives into City planning and policy processes, EJ-A.36, EJ-8.5, EJ-8.4, E
• Fund and implement a green infrastructure program for projects that improve stormwater management, support biodiversity, and increases access to natural spaces EJ-A.16, EJ-2.4, • Prioritize development of full-service grocery stores in EJ Communities and incentivize urban agriculture in new developments, EJ-5.4, EJ-A.23
• Enhance access to parks & park programming and equitably distribute public facilities, such as libraries & public restrooms, EJ-6.6, EJ-7.8, EJ-7.9, EJ-7.10 26 Key Changes in Public Hearing Draft
27 General Topic Area Community Input/Important Themes
Air Quality and
Pollution Reduction
Update “buffer” distance from 500’ to 600’ (or state minimum, if greater) for polluting activities near residential, EJ-A.1
Update air filtration systems to require MERV 16 filters (previously MERV 13), EJ-1.8 New actions about developing ZEV truck infrastructure, in partnership with other agencies, EJ-A.11, EJ-A.12
Healthy
Neighborhoods
New policy and action about collaborating with community partners to support mental health programming and education/resources
, EJ-8.12, EJ-A.37
New action about integrating community-led initiatives into City planning and policy processes, EJ-A.36
New action about developing a citywide greenway network, EJ-A.30 Civic Engagement,
Investment, and
Accountability
Clarify implementation timelines and create new action on reporting, Chapter 9, EJ-A.40
Planning Code Amendments
28 Overview of Planning Code Text
Amendments –
Missing Middle
Housing Type Code
Amendments
Change development standards to allow for a range of small-scale multi-unit housing types in single-family neighborhoods and increase height and density in commercial zones + along transit corridors
S-13 Affordable
Housing Combining
(Overlay) Zone
Ministerial approval + incentives for 100% affordable housing projects S-14 Housing Sites
Combining
(Overlay) Zone
Ministerial approval for identified sites in the 2023-2031 Housing Element Projects proposed must be majority residential use and must comply with minimum residential density requirements that equals no less than seventy-five percent (75%) of the Realistic Capacity Pollution
Reduction Code
Amendments
Address the intensity of commercial and industrial activities close to Residential Zones Other Planning
Code Amendments
Facilitate special housing types, remove constraints on processing entitlements + streamline and simplify development approval process
29 Community Engagement & Feedback
2 focus groups, 1 townhall, 5 public
meetings, 43 comment letters
Overwhelming Community Support for
• Missing Middle zoning provisions
• More housing options so residents can
afford to stay in their neighborhoods
• Increasing density and supporting housing
in high-resource areas
• Upzoning along commercial corridors
• Prioritizing affordable housing through the
Affordable Housing Overlay
• Incentivizing housing on sites identified in the
Sites Inventory
• Increasing environmental protections and
reducing health impacts from truck-related
businesses
• Support from BART riders and nearby residents
for more density in Rockridge and height
increase at the Rockridge BART station
Concerns regarding
• Parking reductions impacting off-street parking
• Increased density, reduced setbacks, and
smaller lot sizes
• Concerns for reduced yard space, loss of privacy
• Loss of neighborhood character
• Ministerial approval process
• No public notice of projects eligible for by-right
approval
30 Citywide Zoning Changes
• New Detached Unit Residential (RD) Zone
• Combine RD-1 and RD-2 into one zone that allows up to 4 dwelling units on lots 4,000 square feet or larger
• Mixed Housing Type Residential (RM) Zones:
• Simplify and increase the density steps in each of the four existing RM Zones to allow two units on every parcel and 4+ units on lots 4,000 sf or greater
• New Regional Commercial (CR-2) Zone to allow for residential uses • Reduce land use conflicts between industrial and residential uses • Fix existing split zoning on parcels throughout the City 31 Additional “Missing Middle” Changes
32 Other changes to encourage diverse housing types in single-family dominated neighborhoods and allow for a range of small-scale multi-unit housing types Eliminate conditionally
permitted densities Reduce setbacksReduce minimum
lot size standards
Reduce or eliminate
parking requirements
More flexibility for open
space
Increased height limits and allowable
density
Conditional Use
Permit for
density
Citywide Height Area Changes
• 60 foot-height areas to change to 65 feet
• Effectively achieve six (6) stories within a permitted building envelope
• 75 foot-, 85 foot-, and 90 foot-height areas to change to 95 feet
• Bring the Zoning Code’s height limits into better alignment with the California Building Code
• Allow for maximum utilization of the building code’s most cost- effective multifamily residential construction types (Types 3 and 5) • Lower construction costs per residential unit.
33 New Combining (Overlay) Zones
• S-13 Affordable Housing Overlay Zone: Facilitate the
creation of affordable housing through ministerial
approval, increased height & density, and relaxed
development standards for 100% affordable housing
projects in residential and commercial zones
• S-14 Housing Sites Overlay Zone: Facilitate housing
opportunities in areas where the City intends for housing to be built by giving housing sites ministerial approval
34 S-13: Affordable Housing Combining
(Overlay) - AHO Zone
• Implements Action 3.3.5 of the 2023-2031 Housing Element • Applies to projects with 100% affordable units in residential and commercial zones • If a parcel is <15,000 square feet, projects can be 20% affordable to very-low/lower incomes and 20% affordable to moderate incomes
• By-Right (Ministerial) approval, CEQA exemption, and non-appealable • Possibility of extending streamlined approval provisions for qualifying mixed-income projects • Bonus height, relaxed development standards, and elimination of density maximums within the envelope
• Optional program in lieu of the State Density Bonus program. • The AHO zone would not apply in:
• Parcels in the S-9 Fire Safety Protection Combining Zone; and • Parcels with Designated City, State, and Federal Historic Landmarks. • Limited application in the Very High Fire Hazard Severity Zone (VHFHSZ) to commercial areas with direct freeway access
35 AHO Map
36 5. Oak Knoll and
Barcelona sites
4. Seminary and
Kuhnle Ave3. Redwood Rd
1. Montclair
District
2. Mountain
Blvd near
Woodminster
S-14: Housing Sites Combining (Overlay)
Zone
• Implements Action 3.4.10 of the 2023-2031 Housing Element • Applies to all sites in the Housing Sites Inventory
• Projects proposed must be majority residential use
• Each project must comply with minimum residential density requirements that equals no less than seventy-five percent (75%) of the Realistic Capacity • By Right Residential Approval for projects meeting specific requirements 37 Income Category Previous Housing Element Cycles
(2007-2014 and 2015-2023)
Sixth Housing Element Cycle
(2023-2031)
Sites Number of
Dwelling Units
Sites Number of
Dwelling Units
Low Income (LI) 23 962 165 7,692
Moderate Income (MI) 143 3,158 60 1,183
Above Moderate Income
(AMI)
20 2,997 310 11,886
Total 175 7,117 408 20,761
• By Right Residential Approval Requirements
• For Sites from Prior Housing Element Cycles (4th and 5th Cycle):
• Pursuant to State Law, the City must allow by-right development for projects with 20 percent units affordable to lower incomes.
• For Sites Not Used in Prior Housing Element Cycles (6th Cycle)
1. Project proposes at least as many lower- and moderate-income units
2. Project proposes at least as many total units as described as the capacity for the parcel AND;
3. Meets one of the following conditions
• At least 20% of the housing units are restricted to very low-income households; OR • At least 25% of the housing units restricted to any combo of low and very low-income households; OR
• At least 40% of the housing units restricted to any combo of low, very low, & moderate- income households
Exception: Under the proposed S-14 zone, projects shall not be eligible for By Right Approval if the project proposes development in phases or proposes more than 100,000 sf of floor area unless one hundred percent (100%) of the housing units, other than manager’s units, are restricted to very low-, low- and moderate income residents.
38 S-14: Housing Sites Combining (Overlay) Zone
39 Housing Element Sites
Environmental Protection
Requirements in Industrial Zones
• Purpose: Increase protection for nearby sensitive receptors (residential zones, schools, daycares, hospitals, etc.)
• Components:
• Reduce the allowed intensity of commercial and industrial activities permitted in the Housing and Business Mix (HBX) Commercial Zones, particularly HBX-1, to minimize impacts on residential uses; • Require certain heavier industrial uses in the Commercial Industrial Mix (CIX), General Industrial (IG), and Industrial Office (IO) Zones to obtain a CUP if located within 600 feet of a Residential Zone • Require truck-intensive uses to obtain special Conditional Use Permits/application of special performance standards and standard conditions of approval • Reduce land-use conflicts in industrial zone
• Amend expiration timelines for Nonconforming Uses and CUP termination timelines for truck- intensive uses
40 Other Planning Code Amendments –
Components
• Revise public noticing requirements to include building occupants, not just owners • Clean up and clarify Planning Code language where necessary, remove inconsistencies
• Create definitions for key terms such as Affordable Housing • Clarify permitted agricultural activities, approval of sidewalk cafes, and review process for other civic and commercial activities
• Remove + reduce limitations to construction of new ground floor residential facilities in commercial zones
• Extend Planning entitlement periods to further support a project’s ability to move forward into the building permit stage and ultimately into construction and completion.
• Remove barriers in the Planning Code to the approval of Emergency Shelters • Update special housing regulations to comply with State Law 41 Final Environmental Impact
Report (FEIR)
42 Final EIR
• Analyzes potential physical environmental impacts of the proposed City of Oakland Planning Code, Zoning and Height Area Maps, and General Plan text and map amendments implementing its 2023-2031 Housing Element, updates to its Safety Element and the new Environmental Justice Element. • Timeline
• EIR Scoping Session - April 20, 2022
• Draft EIR 45-Day Comment Period – March 24, 2023, and May 9, 2023 • Planning Commission Meeting – April 19, 2023
• Comments also received at LPAB Meeting – May 1, 2023
• Comments received from 4 public agencies, 3 organizations, and 4 individuals • Final EIR published on July 26, 2023
43 Significant and Unavoidable Impacts
• Aesthetics (Wind and Shadow)
• AES-4: Shadows
• AES-6: Wind Hazards
• AES-7: Cumulative Aesthetics, Wind, and Shadow. Air Quality, Toxic Air Contaminants:
• Air Quality Impact
• AIR-3 (Criteria Air Pollutant Emissions)
• AIR-5 (On-Site Exposure to Toxic Air Contaminants)
• AIR-6 (Exposure of Sensitive Receptors to Fine Particulate Matter and Toxic Air Contaminants) • AIR-8 (Cumulative Exposure of Sensitive Receptors to Fine Particulate Matter and Toxic Air Contaminants) • Cultural Resources
• CUL-1 (Historic Architectural Resources)
• CUL-4 (Cumulative)
• Hazards
• Hazards Impact HAZ-6
• Wildfire Impact WLD-1 (Impairment of Emergency Response Plan or Emergency Evacuation Plan) 44 Infeasible Mitigation Measures
• Mitigation Measure AES-1 (Impacts related to Shadows) • Conflicts with objectives of the Proposed Project
• Conflicts with the height and density allowance provided under the Oakland Planning Code
• Mitigation Measure AES-2 (Impacts related to Wind)
• Conflicts with objectives of the Proposed Project
• Conflicts with the height and density allowanced provided under the Oakland Planning Code
• Conflicts with City’s proposal to adopt objective design standard review and other streamlining measures
• MM AES-1 and AES-2 are infeasible
• Requiring a project to revise its design in a manner that could reduce the building’s height or allowed residential density would be inconsistent with Planning Code requirements and the City’s objectives for increased residential development 45 Project Alternatives
• Alternative 1 - No Project
• Results in approximately 5,000 fewer residential units than the Proposed Project. • Occurs without new or more stringent policies related to environmental justice and safety or mitigation measures of the Draft EIR
• Hazards and Wildfire would not be reduced to less than significant impacts • Alternative 2 - No Affordable Housing Overlay Buffer Zone on parcels in the Very High Fire Hazard Severity Zone Alternative
• Results in approximately 250 fewer units in the Oakland Hills than Proposed Project • Alternative 3 - No Missing Middle
• Results in approximately 1,500 fewer medium density units in the single-family neighborhoods than the Proposed Project
• Reduce hazards and wildfire impacts => Environmentally Superior Alternative • Will not meet the City’s objectives for the Proposed Project • Fail to achieve implementation of City of Oakland Resolution No. 88554 • Not be consistent with Goals 3, 4, and 5 of the Housing Action Plan 46 Planning Commission Hearing
and Recommendation
47 Planning Commission Hearing - Feedback
• Planning Commission Public Hearing on August 2, 2023
• 13 public comments and questions
• Support for proposed amendments
• Carefully evaluate implications of any additional requirements imposed on Planning Code Amendments to identify potential impacts on our housing production • Identify Interstate 880 as a barrier in the Environmental Justice Element • Noticing for residential projects subject to By-Right Residential Approval • Incorporate construction workforce standards related to healthcare and apprenticeship requirements to the proposed S-14 Housing Sites Combining Zone
• Commission Discussion and Feedback
• Identify Interstate 880 as a barrier in the Environmental Justice Element. • Noticing requirements for specified residential projects subject to By Right Residential Approval • Staff should explore ways to use the City’s Online Permitting System to provide project information
• Construction workforce standards related to healthcare and apprenticeship requirements proposed by the Building & Construction Trades Council of Alameda County (BTCA) in their letters dated May 19, 2023, and August 1, 2023
48 Planning Commission Recommendation
1. Adopt the CEQA findings for Phase 1 of the Oakland 2045 General Plan Update, which include certification of the EIR, rejection of two mitigation measures as infeasible; rejection of alternatives as infeasible, and a Statement of Overriding Considerations;
2. Adopt the Standard Conditions of Approval and Mitigation Monitoring Reporting Program (SCAMMRP);
3. Adopt a Resolution Approving the Following Actions:
A. Certifying the Environmental Impact Report And Making Related California Environmental Quality Act Findings; B. Adopting an Amendment to the Safety Element of the City of Oakland General Plan; C. Adopting the Environmental Justice Element as a New Element of the City of Oakland General Plan; And D. Adopting Conforming Amendments to the Land Use and Transportation Element of the City of Oakland General Plan, including General Plan Map Amendments, As Part of Implementation of the Recently Adopted 2023-2031 Housing Element; And;
4. Adopt an Ordinance Adopting Planning Code Text and Map Amendments to Implement Actions Proposed in Phase 1 of the City of Oakland 2045 General Plan Update, as provided and Adopting California Environmental Quality Act Findings, with the following revisions recommended by the Planning Commission:
a. That additional zoning standards such as lot coverage, lot frontage, and average lot width requirements be struck from the Missing Middle Code Package; and
b. The general Planning Code Amendments, under Section 17.108.140C.2.a, be amended to add the words “for safety and security” after “public safety hazard.”
• With the additional recommendation moved by Commissioner Sugrue and passed by the Planning Commission on a 4-2 vote (one absent), that the City Council adopt construction workforce standards as part of the General Plan Update under the guidance from staff.
49 Revisions to Hearing Drafts
50 Staff Revisions to Public Hearing Drafts
• Revisions to the EJ Element: Staff updated Policy EJ 7.11 to identify Interstate 880 as a barrier. • Updates to Planning Code:
• Lot Coverage, Lot Frontage, and Average Lot Width
• Removed the maximum lot coverage standards for three or more units in the Detached Unit Residential (RD) Zone and Mixed Housing Type Residential (RM-2 and RM-3) Zones
• Staff did not remove the maximum lot coverage and maximum FAR requirements in the Hillside Residential (RH-4) Zone as three or more units are not allowed in the zone. • Oakland Planning Code does not use the term “Average Lot Width.” Planning Code currently allows exceptions to lot width mean and street frontage requirements in Sections 17.106.010 and 17.106.020. Staff have updated Section 17.106.020 to clarify that this exception applies to both minimum street frontage and minimum lot width mean requirements.
• Updated Sections 17.108.140B.2.a, and 17.108.140C.2.a to clarify that the Director of City Planning or his or her designee can grant an exception to the use of restricted materials for fences or walls by making a determination that it would increase safety and security or in instances where trespassing can constitute a public safety hazard. 51 Imposing Construction Workforce Standards in the General Plan – S-14 Housing Sites Combining Zone
• The complete package of Planning Code Amendments for the Phase 1 General Plan Update implement 18 key actions outlined in the adopted and certified Housing Element, actions in the EJ and Safety Element and several City Council Directives that will further fair housing, maintain the Housing Element’s compliance and certification with the State HCD, and uphold the “Prohousing Designation” that was awarded to the City by the State in 2022
• Received tremendous support from the Oakland community, and our Planning Commissioners • S-14 Housing Sites Combining Zone/Overlay implements Action 3.4.10 of the 2023-2031 Housing Element, meet State Law requirements for sites in the previous Housing Element Cycles and seeks to streamline development that provides a minimum percentage of affordable housing to meet the RHNA affordable numbers.
• Projects proposed must be majority residential use and must comply with minimum residential density requirements that equals no less than seventy-five percent (75%) of the Realistic Capacity 52 Income Category Previous Housing Element Cycles (2007- 2014 and 2015-2023)
Sixth Housing Element Cycle (2023-2031)
Sites Number of Dwelling
Units
Sites Number of Dwelling
Units
Low Income (LI) 23 962 165 7,692
Moderate Income (MI) 143 3,158 60 1,183
Above Moderate Income (AMI) 20 2,997 310 11,886
Total 175 7,117 408 20,761
August 2023
August 1, 2023
BTCA submitted revised comment letter - Incorporate construction workforce standards in the S-14 Overlay Zone and City’s SCA
August 2, 2023 Planning Commission Meeting
BTCA provided public comment
Additional recommendation from PC that “The City Council adopt construction workforce standards as part of the General Plan Update under the guidance from staff.
August 3, 2023
State HCD follow up #2 on Planning Code Adoption Timelines and City’s commitment to implementing actions credited for Housing Element Compliance
August 7, 2023
Meeting #4 with BTCA to discuss comment letter
August 16, 2023 and August 23, 2023 – Meetings with State HCD State’s determination of compliance of the City’s Housing Element based on the City’s commitment to remove constraints to development and significantly increase housing production to meet the City’s RHNA allocation Any additional requirements on development that were not originally included in the 2023-2031 Housing Element Programs should be carefully evaluated to identify potential impacts on housing production August 18, 2023, August 21, 2023, August 28, 2023 – Meetings with BTCA 8/18/23 - Meeting #5 – Discuss BTCA letter
8/21/23 - Meeting #6 – BTCA provided an update for a revised proposal 8/28/23 – Meeting #7 – Revised letter from BTCA stating that they are working on providing the updated language for proposed construction workforce standards and that these proposed standards will apply to housing projects of 50 units or more (staff have not received the updated language) April and May
2023
May 19, 2023
First comment
letter in
response to
DEIR after close
of DEIR
comment period
(May 9, 2023)
Incorporate
construction
workforce
standards
related to
healthcare and
apprenticeship
in the S-13 and
the S-14 Overlay
Zones and City’s
Standard
Conditions of
Approval (SCA).
May 3 2023
BTCA meeting
#2 with GPU
Planning staff
April 25, 2023
BTCA meeting
#1 with Dep. City
Attorney
July 2023
July 11, 2023 CED
Meeting
BTCA provided
public comment
CED Committee
directed staff to
meet with BTCA
Representatives
July 14, 2023
Meeting #3 with
BTCA and provided
clarifications on the
intent and scope of
the proposed S-13
and S-14
Combining Zones
July 20, 2023
State HCD follow
up #1 on Planning
Code Adoption
Timelines
July 18, 2023 City
Council Meeting
Staff provided an
update on BTCA
Meeting #3
BTCA provided
public comment
September 2023
September 1, 2023 – City and BTCA
Joint Meeting with State HCD
Action 3.4.10 in Housing Element –
ministerial process with a specified
timeline
Potential to cause other actions to slip
and will not have a beneficial impact
on the 8-year Planning Period
Adding construction workforce
standards is in addition to original
program
Any additional requirements needs
to carefully evaluated and then
submitted to the State for review
Minimum 60 days for the State to
review the amended Housing Element
Increases timeline by 5 months
Adopt Code Amendments
implementing 18 Actions in the
Housing Element As-Is
Continue the labor discussions along
with any necessary amendments to
the Housing Element, if needed, after
adoption
Imposing Construction Workforce Standards - Context
53 Imposing Construction Workforce Standards in
the General Plan – Guidance from State HCD
• State HCD's determination of compliance of the City’s Housing Element (Article 10.6 of the Government Code) is based on the City’s commitment to remove constraints to development and significantly increase housing production to meet the City’s RHNA allocation.
• Action 3.4.10 in Housing Element – commits to ministerial process in the S-14 Zone with a specified implementation timeline
• Adding construction workforce standards is an additional requirement to the original program • Potential to cause other 17 actions to slip and not have a beneficial impact on the 8-year Planning Period to meet the City’s RHNA Allocations
• Any additional requirements on development should be carefully evaluated to identify potential impacts on the City’s housing production commitments within the certified Housing Element and submitted to the State for review.
• Evaluation needs to be conducted
• Increases timeline by at least 5 months after evaluation is complete - Housing Element Amendment, Community Review, State HCD Review, Planning Commission, City Council Adoption • Minimum 60 days for the State to review the amended Housing Element • Based on the evaluation, State HCD may decide whether any impact crosses a threshold requiring further amendment to the City’s Housing Element in order to maintain certification. • Adopt Code Amendments implementing 18 Actions in the Housing Element As-Is 54 Imposing Construction Workforce Standards in
the General Plan - Staff Conclusion
• Planning staff are unable to recommend inclusion of the proposed construction workforce standards
• Need sufficient time to analyze impacts of imposing construction workforce standards on the S-14 Zone towards meeting our housing production goals and maintaining our Housing Element’s compliance status.
• Need to conduct community engagement on the inclusion of the proposed workforce standards and findings from the evaluation • Comprehensive GPU Phase 1 Adoption Package – Safety Element, Environmental Justice Element, Final EIR, Planning Code and Map Amendments, General Plan Text and Map Amendments
• Received tremendous support from the Oakland community and our Planning Commissioners
• Continue the labor discussions along with an evaluation and necessary amendments to the Housing Element, if needed, after adoption
55 Recommendation
56 Staff Recommendation
Staff recommends that the City Council conduct a public hearing, receive public comments, close the public hearing, and
1. Adopt the CEQA findings for Phase 1 of the Oakland 2045 General Plan Update
2. Adopt the Standard Conditions of Approval and Mitigation Monitoring Reporting Program
3. Adopt a Resolution Approving the Following Actions:
• Certifying the Environmental Impact Report And Making Related California Environmental Quality Act Findings;
• Adopting an Amendment to the Safety Element of the City of Oakland General Plan; • Adopting the Environmental Justice Element as a New Element of the City of Oakland General Plan; And
• Adopting Conforming Amendments to the Land Use and Transportation Element of the City of Oakland General Plan, including General Plan Map Amendments, As Part of Implementation of the Recently Adopted 2023-2031 Housing Element; And
4. Adopt an Ordinance Adopting Planning Code Text and Map Amendments to Implement Actions Proposed in Phase 1 of the City of Oakland 2045 General Plan Update 57 Next Steps
58 Upcoming Milestones
• Fall 2023 – Adoption Hearings for Phase 1 General Plan Update • September 19, 2023 – City Council Meeting - Certification of the Final Environmental Impact Report for Phase 1 of the City of Oakland 2045 General Plan Update and Adoption of the Safety and Environmental Justice Elements and the Planning Code Text and Map Amendments
• October 3, 2023 – City Council Second Reading
• Late Fall 2023 - Phase II General Plan Update Kickoff • Land Use and Transportation (LUTE), Open Space, Conservation and Recreation (OSCAR), Noise, Capital Facilities and Infrastructure
• More info on past and upcoming events:
https://www.oaklandca.gov/topics/meetings-and-events
59 LEARN MORE
To learn more about the General Plan Update, visit the website below and sign up for updates:
bit.ly /OaklandGPU
60