City Council
July 16, 2024
AGENDA REPORT
TO: Jestin D. Johnson FROM: William Gilchrist
City Administrator Director, Planning and
Building
SUBJECT: SUPPLEMENTAL – Downtown
Oakland Specific Plan (DOSP)
DATE: July 11, 2024
City Administrator Approval Date:
RECOMMENDATION
The City Administration recommends that the City Council take the following legislative actions while including the below-described additions/amendments of Councilmembers Fife and Kalb:
(1) Adopt a Resolution, as Recommended by the City Planning Commission, To:
(A) Adopt The Downtown Oakland Specific Plan And Related General Plan Text and Map Amendments, Including Amendments to the Estuary Policy Plan and the Land Use and Transportation Element; and
(B) Certify the Environmental Impact Report For the Downtown Oakland Specific Plan And Associated Legislative Actions And Making Related California Environmental Quality Act Findings;
(2) Adopt an Ordinance, as Recommended by the City Planning Commission, To: (a) Make Oakland Planning Code and Oakland Municipal Code Text and Map Amendments And (b) Amend the City of Oakland Master Fee Schedule (Adopted By Ordinance Nol. 13747 C.M.S., As Amended) To Adopt the Central District Entertainment Venue Fees.
REASON FOR SUPPLEMENTAL REPORT
Councilmember and Chair Dan Kalb introduced several proposed amendments to the Downtown Oakland Specific Plan (“DOSP ”) legislative package that was presented to the Community and Economic Development (“CED”) Committee on June 25 and July 9, 2024. The proposed amendments consist of the following:
• Amendments to the DOSP figures to re move reference to right-of-way improvements to help avoid potential collisions between bicyclists and rail and between bicyclists and large Jestin Johnson (Jul 11, 2024 20:00 PDT)
Jul 11, 2024
Jestin D. Johnson, City Administrator
Subject: SUPPLEMENTAL – Downtown Oakland Specific Plan (DOSP) Date: July 11, 2024 Page 2
City Council
July 16, 2024
trucks. Additionally, with the Howard Terminal ballpark no longer in play, it may make sense to rethink some of the design elements along Embarcadero West immediately adjacent to the Port of Oakland.
• Amendments to Standard Conditions of Approval referenced in the DOSP Environmental Impact Report (“EIR”) to be further protective against mobile and stationary sources of diesel emissions.
• Addition to Note 3 of Table 17.101K.04 of the Oakland Planning Code (“OPC”) to permit setbacks to match the existing principle building setbacks for adjacent lots. • Addition of Note 9 to the Oakland Planning Code (“OPC”) Table 17.101K.07, “Residential ZIP Benefits: Community Benefits Required to Earn Additional Residential Units, by ZIP Benefit Area” to ensure that at least ten percent (10%) of community benefits are paid in fees where a project proposes at least 125 units above the base.
In addition, at the July 9, 2024 CED Committee Meeting, Councilmember Carroll Fife introduced an amendment to Height Intensity Area (“HIA”) Map to amend the height limit at 1310 Oak Street (referred to as the Fire Alarm Building) from sixty-five (65) feet to seventy-five (75) feet. The increased height may help facilitate potential development of the Museum of Jazz and Art -- Oakland at the site, which is currently being proposed.
These amendments were ultimately recommended by motion of the CED Committee (4-0) at the July 9, 2024 CED Committee meeting. Below are the proposed text amendments, which will ultimately be incorporated into the DOSP, DOSP EIR, and Oakland Planning Code if the Council adopts the DOSP package and approves the changes by motion.
Amendments Proposed By Councilmember and Chair Kalb
1. Crossings at Embarcadero West
• On Figure M -4, remove the words “Connectivity improvement” on along Embarcadero West between Clay Street and Martin Luther King Jr. Way. • On Figure M-7, remove “Recommended Bikeway” line on Embarcadero West west of Clay Street, on Martin Luther King Jr. Way below 2nd Street, and Brush Street below 2nd Street. • On Figure AP/C -1, remove the “MLK Jr. Way Streetscape/Embarc adero West Improvements” along Embarcadero West from Clay to MLK Jr. Way and along MLK from Embarcadero West to 2nd Street.
• On Figure AP/C-2 remove the “Already In-Progress Improvements” along the same routes as proposed for AP/C-1.
• Add a footnote on Figure M-4, M-7, AP/C-1, and AP/C-2 that the DOSP Pedestrian and Bicycle maps do not supersede the Pedestrian and Bicycle Master Plans.
These modifications to the DOSP are to help avoid potential collisions between bicyclists and rail and between bic yclists and large trucks. Additionally, with the Howard Terminal ballpark no longer in play, it may make sense to rethink some of the design elements along Embarcadero West immediately adjacent to the Port of Oakland.
Jestin D. Johnson, City Administrator
Subject: SUPPLEMENTAL – Downtown Oakland Specific Plan (DOSP) Date: July 11, 2024 Page 3
City Council
July 16, 2024
***Additionally, these modifications in the DOSP do not remove the proposed language, diagrams and planned safety improvements along 2 nd street, 3rd street, and along MLK Jr.
Way from 2nd street to 14th street.
2. Standard Conditions of Approval (SCA) regarding Diesel Stationary and Mobile Sources
SCA-AIR-4 (Additions in Highlight and Underline)
Emissions from diesel trucks shall be reduced through implementing the following measures, if feasible:
• Not using diesel trucks where feasible, as determined by the City. • Using the best available technology vehicles where feasible, as determined by the City. • Installing electrical hook-ups for diesel trucks at loading docks. • Requiring trucks to use Transportation Refrigeration Units (TRU) that meet Tier 4 emission standards.
• Requiring truck-intensive projects to use advanced exhaust technology (e.g., hybrid) or alternative fuels.
• Prohibiting trucks from idling for more than two minutes. • Establishing truck routes to avoid sensitive receptors in the project. A truck route program, along with truck calming, parking, and delivery restrictions, shall be implemented.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Planning Monitoring/Inspection: Bureau of Building
b) Maintenance of Health Risk Reduction Measures Requirement: The project applicant shall maintain, repair, and/or replace installed health risk reduction measures, including but not limited to the HVAC system (if applicable), on an ongoing and as-needed basis. Prior to occupancy, the project applicant shall prepare and then distribute to the building manager/operator an operation and maintenance manual for the HVAC system and filter including the maintenance and replacement schedule for the filter.
When Required: Ongoing Initial
Approval: N/A Monitoring/Inspection: Bureau of Building
SCA-AIR-5 (Additions in Underline and Deletion in Strikeout)
SCA-AIR-5 adequately addresses the risk of Diesel Generators. As CM Kalb appropriately noted, “diesel” should be stricken from the statement asserting that backup “diesel” generators are required for all buildings over 70 feet tall. This should state “back-up generators” generally. Other than this change, SCA -AIR-5 adequately addresses the risks of back -up diesel generators by requiring either: (1) an HRA (and adopted measures) or (2) installation of non-diesel fueled generators or diesel generators with an EPA-certified Tier 4 engine or engines that are retrofitted with CARB Level 3 Verified Diesel Emissions Control Strategy, if feasible (see below).
Jestin D. Johnson, City Administrator
Subject: SUPPLEMENTAL – Downtown Oakland Specific Plan (DOSP) Date: July 11, 2024 Page 4
City Council
July 16, 2024
SCA-AIR-5: Stationary Sources of Air Pollution (Toxic Air Contaminants) (#25)
Applicable To: All projects that involve a stationary pollutant source requiring a permit from BAAQMD, including but not limited to back -up diesel generators. The California Building Code requires back-up diesel generators for all buildings over 70 feet tall.
Requirement: The project applicant shall incorporate appropriate measures into the project design in order to reduce the potential health risk due to on-site stationary sources of toxic air contaminants. The project applicant shall choose one of the following methods:
a) The project applicant shall retain a qualified air quality consultant to prepare a Health Risk Assessment (HRA) in accordance with California Air Resources Board (CARB) and Office of Environmental Health and Hazard Assessment requirements to determine the health risk associated with proposed stationary sources of pollution in the project. The HRA shall be submitted to the City for review and approval. If the HRA concludes that the health risk is at or below acceptable levels, then health risk reduction m easures are not required. If the HRA is identified to reduce the health risk to acceptable levels , identified risk reduction measures shall be submitted to the City for review and approval and be included on the project drawings submitted for the construction-related permit or on other documentation submitted to the City.
- or -
b) The project applicant shall incorporate the following health risk reduction measures into the project. These features shall be submitted to the City for review and approval and be included on the project drawings submitted for the construction-related permit or on other documentation submitted to the City:
i. Installation of non-diesel fueled generators, if technologically feasible, or; ii. Installation of diesel generators with an EPA-certified Tier 4 engine or engines that are retrofitted with a CARB Level 3 Verified Diesel Emissions Control Strategy, if feasible.
If higher standards are available for diesel generators at the time of project approval, the project applicant shall install diesel generators that meet that highest available standard.
3. Front Setbacks in Downtown Residential Zones with certain Areas of Primary Importance (APIs)
For Table 17.101K.04 Development Standards for Downtown District Zones Add to note three what is highlighted and underlined.
3. There is no front setback required, except as described in note 2; and there is a six (6) foot front setback required for new construction when the ground floor contains residential units adjacent to the principal street. Parcels in either the D -DT-R or D-DT-RX Zones that are also Jestin D. Johnson, City Administrator
Subject: SUPPLEMENTAL – Downtown Oakland Specific Plan (DOSP) Date: July 11, 2024 Page 5
City Council
July 16, 2024
in Base Height and Intensity Area (HIA) 1, 2, 3, 4, or 5 shall have a minimum front setback requirement of ten (10) feet. If adjacent lots abutting the side lot lines of the subject lot both contain principal buildings that have front setbacks with a depth of less than ten (10) feet, the minimum front setback may be reduced for buildings and other structures on the subject lot up to a line parallel to the front lot line and extended from the most forward projection of the principal building on the adjacent lots having the deeper front setback depth, provided such projection is enclosed, has a wall height of at least eight (8) feet, and has a width of at least five (5) feet. In the case of a corner lot or lot that has a vacant parcel next to it, this same principal may apply if the two (2) lots adjacent to the corner lot or lot along its front lot line have less than a ten (10) feet front setback.
4. Fee Requirement for Residential ZIP Projects
For Table 17.101K.07 Residential ZIP Benefits: Community Benefits Required to Earn Additional Residential Units, by ZIP Benefit Area, add the following note:
Note 9: For projects that include 125 or more dwelling units above the base, at least ten percent (10%) of the equivalent fees that w ould be required to receive the additional dwelling units shall be paid as fees, while the remainder fees could either be delivered with on-site improvements as listed in the table or paid with fees, or a combination of both to be approved by the city.
And in the table 17.101k.07 as shown below, add “and 9” to each area where it says “See Notes” as shown below in underline and strikeout.
Table 17.101K.07 Residential ZIP Benefits: Community Benefits Required to Earn Additional Residential Units, by ZIP Benefit Area
Benefit Increment Provided
Number of Dwelling Units Permitted Above
the Base
Benefit Area
R-A
Benefit Area
R-B
Area R-C
$15,000 Funding for Affordable
Housing, Infrastructure
Improvements and Employment
Training
(See Notes 1., 2., 3., and 8, and 9)
0.7 additional
market-rate
dwelling units
above the
base
maximum
1.0 additional
market-rate
dwelling units
above the
base
maximum
1.25 additional
market-rate
dwelling units
above the
base
maximum
100 Square Feet of Below -Market
Commercial Space
(See Notes 2., 3. 4., and 8, and 9)
1.3 dwelling
units
1.9 dwelling
units
2.4 dwelling
units
Two or More Public Restrooms
(See Notes 5, 6., and 8, and 9)
41 dwelling
units
60 dwelling
units
75 dwelling
units
Jestin D. Johnson, City Administrator
Subject: SUPPLEMENTAL – Downtown Oakland Specific Plan (DOSP) Date: July 11, 2024 Page 6
City Council
July 16, 2024
$150,000 in Streetscape, Open
Space, and Flood Control
Improvements
(See Notes 2, 3, 7., and 8, and 9)
7 dwelling
units
10 dwelling
units
12.5 dwelling
units
Councilmember Fife Proposed Change to the Height of the 1310 Oak Street from Sixty- Five (65) feet to Seventy-Five (75) Feet
At the July 9, 2024 CED Committee Meeting, Councilmember Carroll Fife introduced an amendment to Height Intensity Area (“HIA”) Map to amend the height limit at 1310 Oak Street (referred to as the Fire Alarm B uilding) from sixty-five (65) feet to seventy -five (75) feet. If City Council approves this height change by motion upon adoption of the DOSP, staff will update the HIA Map to reflect this height change.
Response to Public Comment
Staff has worked over the course of several drafts and nearly 200 public meetings, including meetings of the Community Advisory Group, to integrate and balance the needs and requests of many specific communities and interest groups. At the July 9, 2024 CED Committee Meeting , public speakers reiterated several questions and concerns from the prior meeting about requested changes that staff and the Planning Commission had not made to the DOSP Package presented to CED Committee. In the attached supplemental presentation ( Attachment A ), s taff has provided explanations of why it has not recommended these additional changes that have again been requested by the public.
ACTION REQUESTED OF THE CITY COUNCIL
The City Administration recommends and requests that the City Council take the following legislative actions , while including the above-described additions/amendments of Councilmembers Fife and Kalb:
(1) Adopt a Resolution, as Recommended by the City Planning Commission, To:
(A) Adopt The Downtown Oakland Specific Plan And Related General Plan Text and Map Amendments, Including Amendments to the Estuary Policy Plan and the Land Use and Transportation Element; and
(B) Certify the Environmental Impact Report For the Downtown Oakland Specific Plan And Associated Legislative Actions And Making Related California Environmental Quality Act Findings;
(2) Adopt an Ordinance, as Recommended by the City Planning Commission, To: (a) Make Oakland Planning Code and Oakland Municipal Code Text and Map Amendments And (b) Amend the City of Oakland Master Fee Schedule (Adopted By Ordinance Nol. 13747 C.M.S., As Amended) To Adopt the Central Business District Entertainment Venue Fees.
Jestin D. Johnson, City Administrator
Subject: SUPPLEMENTAL – Downtown Oakland Specific Plan (DOSP) Date: July 11, 2024 Page 7
City Council
July 16, 2024
For questions regarding this report, please contact JOANNA WINTER, PROJECT MANAGER, at (510) 238-2166.
Respectfully submitted,
William Gilchrist
Director, Department of Planning and Building
Reviewed by:
Laura Kaminski, Strategic Planning Manager
Prepared by:
Joanna Winter, Planner IV
Strategic Planning Division
Attachments (1):
Supplemental Presentation A: DOSP Supplemental Presentation Supplemental Presentation A Appendix: DOSP Supplemental Presentation Appendix
DOSP CED HEARING - JUNE 25, 2024
DOWNTOWN OAKLAND SPECIFIC PLAN (DOSP)
City Council
July 16, 2024
Supplemental Presentation A
2 | PLAN GOALS & VISION
DOSP CED HEARING - JUNE 25, 2024
3 | COMMUNITY INVOLVEMENT
2015-2016
Project Initiation
2017-2018
Racial Equity Re-Launch
2018-2019
Plan Drafting & Iteration
2020-2023
Final Plan, Zoning & Adoption
DOSP CED HEARING - JUNE 25, 2024
4 | COMMUNITY INVOLVEMENT
DOSP CED HEARING - JUNE 25, 2024
• 125+ Community and stakeholder meetings and public events – Large community workshops, 10-day open house on Broadway, topic-focused equity working groups, neighborhood meetings (Chinatown, BAMBD, Old Oakland, Art & Garage, Jack London), Youth Summit, SPUR panels, and events such as farmers’ markets and Black Joy Parade • 20+ meetings with Community Advisory Group (CAG)
– Participants included EBHO, Oakland Heritage Alliance, BAMBD CDC, Malonga Center, non -profit and for-profit developers, artists and arts organizations, BIDs, local business owners, chambers • 35+ racial equity focus groups and one-on-one interviews – Including Asian Health Services, East Oakland Building Healthy Communities, the Oakland Food Policy Council, and advocates for people with disabilities • 30+ Board and Commission Meetings
– Including Mayor’s Commissions on Aging & Persons with Disabilities, Zoning Update Committee, Landmarks Preservation, Youth, Parks and Recreation, Bicycle and Pedestrian, Arts, Library • Surveys
– Online with educational videos, events such as Lunar New Year and Latham Square Third Thursdays, interviews at St. Vincent de Paul, chalkboard surveys in Lincoln Square Park and Uptown, older adults and people with disabilities (developed with disability advocates) The
Downtown
Oakland
DOSP | July 2024
5 | OVERVIEW: WHAT WILL THE PLAN DO?
The
Downtown
Oakland
Specific Plan
DOSP | July 2024 5
• 29,000 new housing units (4,365-7,275
affordable, with focus on lowest income)
• 60,000 new jobs
• Tax revenues for City services and
maintenance
• Enliven downtown as a thriving, safe mixed-
use neighborhood
• Lift up and protecting Oakland’s artists,
entrepreneurs and culture-bearers
• Build community wealth to overcome racial
disparities
6 | OVERVIEW: WHAT WILL THE PLAN DO?
The
Downtown
Oakland
Specific Plan
• Modernize and broaden the role of downtown
– Mixed uses with housing and entertainment, R&D and industrial jobs rather than just office • Increase housing and jobs near transit
– Streamline and provide community benefits
• Expand funding for public services
– One-time development impact fees and more significant long-term tax revenues • Revitalize local businesses and enhance public safety – Stem cultural displacement, fill vacant ground floor spaces • Prepare for climate change and sea level rise
– Comprehensive infrastructure and adaptation plans in development projects and regionally • Reconnect West Oakland with Downtown
– Thoughtfully re-envision I-980 and repair harm done to Black community DOSP | July 2024 6
7 | FOCUS AREAS: VICTORY COURT & BAMBD
Victory Court BAMBD
8 | FOCUS AREAS: I-980 & GREEN LOOP
I-980 Green Loop
WHAT'S CHANGED SINCE 2019? NEW & UPDATED DATA, POLICIES, STRATEGIES Updated Strategies/Policies
– Updated affordable housing
targets to reflect the City’s
revised Permanent Access
to Housing (PATH) Framework
– Updated data and maps, such as
Sea Level Rise
Pandemic Recovery Strategies
– Mixed-use downtown: arts,
culture, housing & non-office jobs
– Center racial equity & BAMBD
businesses, culture & nightlife
– Build an equitable economy
– Invest in community infrastructure
& an active, safe street life
DOSP CED HEARING - JUNE 25, 2024
The
Downtown
Oakland
Specific Plan
12 Sets policy for inclusive implementation, a detailed work plan for multiple city departments, and outcomes monitoring
• Short to long term implementation actions
• Participation from City, partner agencies and community members • Racial equity impact assessment and measures of success • Ongoing specific plan implementation steering committee to advise and develop partnerships Immediate/concurrent actions to be adopted with the Plan • Zoning Map and Planning Amendments
• General Plan Amendments
• Final Environmental Impact Report (EIR)
10 | RECAP: HOW WILL THE DOSP ACHIEVE ITS GOALS?
Final Draft DOSP - May 15, 2024
FINAL DRAFT PLAN
March 2024
11 | GENERAL PLAN AMENDMENTS
• Split the “Central Business District
(CBD)” General Plan designation into
three different CBD General Plan
categories with three corresponding
levels of development intensity
• Increase the amount of land
designated as Central Business District
(“CBD”)
• Reclassify some parcels (just south of
I-880) under the EPP Land Use
designations
• Minor changes to intensity (consistent
with the 2023 General Plan Update
amendments)
ENVIRONMENTAL IMPACT REPORT (EIR)
Impacts
• Significant and unavoidable impacts even with mitigation measures identified: Traffic and Transportation; Air Quality; Cultural and Historic Resources; Aesthetics (shadow and wind) • Mitigations: EIR Includes Standard Conditions of Approval and Mitigation Measures to mitigate, where possible, the environmental impacts of development
Overall, the project is intended to improve environmental impacts and meet ECAP goals:
• Reduce vehicle miles traveled, and accordingly greenhouse gas emissions and air quality impacts • Provide ridership to support the existing transit system and allow for expansion and improvements • Improve pedestrian and bicycle facilities to promote active transportation The
Downtown
Oakland
Specific Plan
DOSP CED HEARING - JUNE 25, 2024
19 13| ZONING AMENDMENTS: DOSP GOALS & ZONING STRATEGIES DOSP Objective Zoning Approach
Economic Opportunity • Flexibility in ground floor uses • Employment priority overlay zone
• Preservation of industrial land & industrial transition in western Jack London, R&D uses in central core • Zoning Incentive Program below market-rate commercial space benefit Housing & Homelessness • Increased residential density with community benefits, including affordable housing funds • Allowing high-density residential in Victory Court (South Jack London Area) with sea level rise adaptation • Permitting high-density efficiency units and work/live units Mobility, Safety &
Connectivity
• Green Loop pedestrian/bicycle/landscaping infrastructure improvements • Freeway zones to improve pedestrian experience
• Infrastructure improvements (primarily implemented by DOT) Culture Keeping • BAMBD Arts & Culture overlay zone to support a thriving district with concentration of relevant activities • Arts & Garage District zoning to protect artists & small-scale manufacturers • Relaxed rules to permit entertainment and performance venues, revised process for alcohol permits • Permitting artisan production commercial activities by right, expanding work/live Community Health &
Sustainability
• Sea Level Rise overlay zone to require large scale comprehensive sea level rise adaptation plans • Green Loop to encourage walking, biking, and use of green/recreational space • Standards to protect Lake Merritt Channel for nature and recreation Land Use & Urban Form • Revised design standards for towers, storefronts, Green Loop and other key frontages • Transfer of development rights (TDR) program to preserve historic buildings ZONING AMENDMENTS: ZONING INCENTIVE PROGRAM (ZIP)
• Community benefits required to build
beyond today’s maximum intensity
• Increase is between existing (“Base”)
and new (“ZIP”) maximum intensity
• Value of increase assessed by peer-
reviewed financial analysis of
prototypes across the ZIP area
• 1/3 of value created goes to community
benefits, 1/3 to developer, and 1/3 to
land price – balances maximizing
benefits with incentivizing participation
DOSP | July 2024
The
Downtown
Oakland
Specific Plan
27 ZONING AMENDMENTS: ZONING INCENTIVE PROGRAM (ZIP)
On-Site Benefits:
• Below market-rate (50%) ground floor commercial space • Streetscape, open space and other culturally-relevant neighborhood improvements
• Public restrooms in building lobby
Fee:
• 50% toward preservation, protection and production of affordable housing • 25% toward streetscape/public realm improvements
• 12.5% toward general employment training
• 12.5% toward construction training and apprenticeships DOSP | July 2024
The
Downtown
Oakland
Specific Plan
27 ZONING AMENDMENTS: ZONING INCENTIVE PROGRAM (ZIP)
• ZIP projects cannot provide on-site units to avoid paying Affordable Housing Impact Fees (AHIF)
– All ZIP projects contribute toward affordable housing – ZIP community benefits are in addition to impact fees • The State Density Bonus is allowed on top of the ZIP to allow the highest possible density with benefits, as well as to encourage on-site affordable units
DOSP | July 2024
The
Downtown
Oakland
Specific Plan
27 17 | FREQUENTLY ASKED QUESTIONS (FAQ)
The
Downtown
Oakland
Specific Plan
DOSP | July 2024 17
Frequently Asked Questions
• How do we require residential ZIP projects to provide affordable housing benefits?
– Clarification: All residential ZIP projects provide Affordable Housing Impact Fees (AHIF) on market rate units
– In addition, Councilmember Kalb has proposed a change that would require all residential ZIP projects greater than 125 units to provide at least 10% of their benefit as a fee with the remaining 90% to be either paid as a fee or onsite improvement (or both)
– The threshold ensures that the community will still receive benefits that otherwise the City has no mechanism to provide, but all residential projects ZIP will contribute funds toward affordable housing in addition to the AHIF
DOSP | July 2024
The
Downtown
Oakland
Specific Plan
27 18 | FREQUENTLY ASKED QUESTIONS (FAQ)
Concern: Increase the amount of value captured for community benefits from 33% to 50%
Response: We need to incentivize using the ZIP by making the program more valuable and have proposed 33% to carefully balance competing goals
– Increasing to 50% would reduce the incentives to the developer in particular and also to the landowner.
– There are higher costs and greater risks of building at higher density under the ZIP, so incentives are needed in order to get both the benefits and the density we want.
DOSP | July 2024
The
Downtown
Oakland
Specific Plan
27 19 | FAQ : ZIP VALUE CAPTURE
• Concern: Include concessions and waivers in the ZIP to incentivize use and make it more valuable than the State Density Bonus
• Response: The State Density Bonus benefits Downtown Oakland. It gives concessions and waivers to encourage market rate developers to build a certain percentage of their units as affordable; this is how the State incentivizes the private market to build affordable units, reducing the subsidy government must provide – Applying concessions and waiver to a market-rate residential ZIP project would undermine our ability to use the State Density Program’s concessions and waivers incentive to gain on-site units – The ZIP intentionally does not include concessions and waivers to encourage use of the State Density Bonus on top of the ZIP. This encourages more total units as well as on-site affordable units plus getting Affordable Housing Impact Fees on the base and ZIP bonus units – Encouraging the State Density Bonus is a necessary strategy to support downtown as a mixed-income neighborhood
– The State limits our ability to leverage fees for 100% affordable housing in the downtown (not considered a “high-resource” area), so the Density Bonus is one of few options to get affordable housing downtown DOSP | July 2024
The
Downtown
Oakland
Specific Plan
27 20 | FAQ : ZIP CONCESSIONS AND WAIVERS
21 | FAQ : HOWARD TERMINAL
Green Loop
Changes Made
• Responded to Port and OMAST requests:
– Protected Port uses by developing an
industrial transitional zone
– Rerouted the Green Loop around Howard
Terminal, over to MLK, Jr. Wy at Clay St.
– Removed the Green Loop Combining Zone
from Market and
• Additionally: CED Committee moved to remove
transportation improvements from DOSP maps,
including showing the proposed crossing at
Embarcadero West and MLK, Jr. Way
22 | FAQ : HOUSING POLICIES
23 | FAQ : HOUSING POLICIES
Housing Element Action Items
• Action 3.3.5: Implement an affordable
housing overlay.
– S-13 Zone allows for 100% affordable housing
to build two stories taller than the height
allowed and build unlimited density within that
building envelope.
• Action 3.4.10: Implement a Housing Sites
Overlay Zone to permit sites included in
the Housing Sites Inventory to develop
with affordable housing by right
– S-14 Zone allows for Housing Element sites to
be built by right if they include 20% or
more affordable units
24 | FAQ: HOUSING TARGETS
Location Number of Units
Oakland RHNA for the Whole City 10,261
DOSP Target 4,365-7,275
Very-Low and Low-Income Units to be Provided
Concern: Oakland Heritage Alliance requested a requirement for 10-15 foot setbacks in four Areas of Primary Importance (API)
Response: Staff advised and Councilmember Kalb proposed requiring 10’ setbacks in residential zones in low-intensity areas of the downtown, which leads to setbacks in three APIs
Concern: Oakland Heritage Alliance would like to see heights reduced throughout downtown, particularly in all APIs and ASIs.
Response: Staff has extensively reviewed OHA’s comments and proposals and reduced heights in historic areas where this is a consistent height context, as well as removing the Floral Depot building from the ZIP . Staff does not recommend further reductions.
OHA has recommended increasing heights in other areas to make these reductions, but the proposed increases would either reduce the efficacy of the ZIP or are in places where the heights are already at some of the highest maximums in the downtown. Many of the height reductions they propose are in the core of downtown, where high height is most appropriate and there already are building heights of various amounts (i.e. no consistent height context). 25 | FAQ: HISTORIC AREAS, HEIGHTS AND SETBACKS
Concern: Many policies aren’t specific or directive enough, and include “explore” or “study.”
Response: A specific plan is a policy document that sets out a vision, policy direction and a workplan for implementation. Many of the implementation steps require a project to be worked on with extensive additional analysis and community engagement; it would be inappropriate to require adoption of them before studying the pros and cons of the action item.
Concern
: Deadlines need to be included for specific implementation steps.
Response: The plan’s implementation matrix contains timeframes, but implementation priorities may change based on available budget, staff resources and Council priorities.
Adopting the plan also lays the policy foundation to receive state, federal and other grants for implementation, which are on timelines that the City does not control.
Implementation resources also have to be considered with other implementation actions from other plans and Elements, such as the Housing Element. 26 | FAQ: POLICIES NOT DIRECTIVE ENOUGH
Concern: A considerable amount of equity work was done on this plan; why isn’t there an Equity chapter?
Response: Equity is intentionally integrated throughout rather than treated separately. It is called out explicitly through:
• Equity indicators & measures of success
• Summary of equity-related policies
• Relevant equity indicators listed in the sidebar of the policies and actions
• Changed first chapter to “Vision, Goals & Equity”
27 | FAQ: SEPARATE RACIAL EQUITY CHAPTER
DOSP CED HEARING - JUNE 25, 2024
DOWNTOWN OAKLAND SPECIFIC PLAN (DOSP)
City Council
July 16, 2024
DOSP CED HEARING - JUNE 25, 2024
DOWNTOWN OAKLAND SPECIFIC PLAN (DOSP)
PRESENTATION APPENDIX
City Council
July 16, 2024
Supplemental Presentation A Apendix
Detail on Special Districts &
Transfer of Development Rights
(TDR) Program
31 | ZONING: SPECIAL DISTRICTS: BAMBD
Black Arts Movement and Business District
(BAMBD) Arts & Culture Combining Zone
• Subsection of the broader BAMBD (initial pilot area)
• All ground floor land uses must be BAMBD Arts &
Culture Activities to be permitted by right
• Definition of BAMBD Arts & Culture activities is broad; includes many cultural businesses and other
institutions (e.g. markets, barbershops, nightclubs,
ethnic restaurants, community-serving services)
• Other activities are possible with a minor Conditional Use Permit (CUP)
• Supported by ZIP below market-rate commercial
space benefit & master leasing/tenanting program.
Other Work Required Beyond Zoning
• Development of a BAMBD and broader Cultural
Districts Strategy with community leadership
• Development of a master leasing/tenanting program
in partnership with nonprofit community partners
(such as CAST, Community Vision, EBALDC, etc.)
DOSP CED HEARING - JUNE 25, 2024
32 | ZONING: SPECIAL DISTRICTS: GREEN LOOP
Green Loop & Lake Merritt Channel Combining
Zone
• Requires frontage and landscaping elements along the
Green Loop
• Requires minimum 60’ landscaped setback from the
Lake Merritt Channel.
• Private development requirements coordinated with
streetscape and mobility improvements to fill in gaps
within the existing network and connect downtown and
surrounding neighborhoods with waterfront, cultural and entertainment
Other Work Required Beyond Zoning
• DOSP Appendix provides guidance on design and public
improvements
• DOT coordinating Green Loop with Bicycle Master Plan
improvements, including tree planting and signage
• Connection across the Lake Merritt Channel (at old rail bridge) to connect the Estuary to Lake Merritt
• Possible connection with the Oakland-Alameda
Pedestrian Bridge DOSP CED HEARING - JUNE 25, 2024
33 | ZONING: SPECIAL DISTRICTS: EMPLOYMENT PRIORITY
EMPLOYMENT PRIORITY COMBINING ZONE
• Limited to the remaining undeveloped or
underdeveloped large floor-plate properties close to the 12th and 19th Street BART stations
• Includes City Center for future redevelopment
• Leverages anticipated BART reverse commute capacity
• Requires 40% of a site’s maximum commercial Floor
Area Ratio (FAR) be developed with commercial
Other Work Required Beyond Zoning
• Economic development and business development to
encourage new office, research services and other
appropriate
• Other DOSP economic development, public safety,
culture keeping and public realm activation strategies
for a downtown with amenities that draw employees to
work on-site more frequently and therefore encourage
new employers to locate here
• Link21 to enhance regional transit, possibly adding a second train line, or at least increased transfer traffic, through the core of downtown DOSP CED HEARING - JUNE 25, 2024
34 | ZONING: SPECIAL DISTRICTS: SEA LEVEL RISE
Sea Level Rise Combining Zone
• Planned Unit Development and minimum 100’
heights required in Victory Court area, where
site aggregation is expected
• Adaptation plan required for development
Other Work Required Beyond Zoning
• Regional sea level rise planning and
infrastructure improvements required to
address flooding and saltwater intrusion
• Actions under the Oakland Sea Level Rise
Roadmap
• Ongoing participation in the Oakland
Alameda Adaptation Committee (OAAC) to
develop the Sub-regional and Oakland-
Alameda Estuary Adaptation Project
DOSP CED HEARING - JUNE 25, 2024
35 | ZONING: SPECIAL DISTRICTS: INTERSTATE COMMERCIAL
Under-Freeway Base Zones (S-16)
• Intended to improve pedestrian safety and experience
by activating key freeway under-crossings
• Creates three separate sub-zones from pedestrian
priority (Zone A, adjacent to parks) to industrial (Zone C, adjacent to industrial uses)
• Allows commercial and recreational activities
• Allows landscaped parking and dispatch services,
“pop-up” stores, recreation and other uses in Caltrans' Freeway Lease Areas
• Requires curb and gutter improvements for parking
facilities
• Prohibits storage from A & B due to blight concerns
Additional Work Anticipated
• DOT-led undercrossing improvements, including
lighting, public art, dual directional curb ramps and
bulb-outs shorten pedestrian crossings
• Coordination with Caltrans to allow temporary active
uses
DOSP CED HEARING - JUNE 25, 2024
ZONING AMENDMENTS: TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM • Incentivizes protecting historic buildings: owners can sell unused development rights (height, density, floor area) to sites in less historic areas of downtown. – Sending site must provide maintenance agreement
– Sending site is prohibited from demolishing the principal building – Receiving site requires Design Review approval (rather than a CUP) • Both the receiving and sending sites must be within the DOSP; receiving sites must be within the ZIP area (where additional height is most appropriate)
• Transfer agreements are set up privately but approved by the City and recorded with the Alameda County Recorder
• A TDR project can achieve only 50% of the ZIP maximum height and density (to encourage using the ZIP)
DOSP CED HEARING - JUNE 25, 202424
The
Downtown
Oakland
Specific Plan
Councilmember Data
Requests
ZONING AMENDMENTS: NEW ALCOHOL SPECIAL USE PERMIT
• New process for special use permit
applies only to the DOSP, and only to
non-residential districts, shown in green
• Residential districts are D-DT-R
(Residential) and D-DT-RX (Mixed
Residential), shown in yellow
DOSP CED HEARING - JUNE 25, 202429
The
Downtown
Oakland
Specific Plan
ZONING AMENDMENTS: ZONING INCENTIVE PROGRAM (ZIP)
Residential ZIP Project Prototypes
DOSP CED HEARING - JUNE 25, 2024
The
Downtown
Oakland
Specific Plan
27 Prototype Location % Increase ZIP Value
II-10B Victory Court 11 $972,482
II-11 Jack London East 25 $742,350
I-1 CBD - Franklin 38 $4,374,598
I-6 City Center 104 $1,683,161
III-4 KONO 104 $1,458,612
II-9 Jack London East 128 $3,751,667
II-5 Victory Court 178 $5,557,740
III-1 KONO 308 $2,580,002
II-3 Jack London West 725 $4,877,546
II-1 Jack London West 800 $7,423,804
ZONING AMENDMENTS: ZONING INCENTIVE PROGRAM (ZIP)
Office/Nonresidential ZIP Project Prototypes
DOSP CED HEARING - JUNE 25, 2024
The
Downtown
Oakland
Specific Plan
27 Prototype Location % Increase ZIP Value
I-2 Broadway 10 $3,172,613
I-1 Lake Merritt Office 50 $12,015,635
II-12 Jack London East 50 $156,724
I-5 City Center 67 $2,486,448
II-6 Jack London West 100 $3,626,414
III-4 Art + Garage District 100 $920,544
II-14 Jack London West/East 114 $3,385,676
II-10
Jack London East/Victory
Court 140 $4,642,127
II-1 Victory Court 300 $14,585,065
II-7 Jack London West 500 $8,880,454
Implementation Actions
(Short, Medium, Long)
• Immediate
– Zoning Map & Planning Code amendments
• Short-Term (0-2 Years)
– Establish Arts & Cultural Districts program
– Land Trust/Master Lease program
– Update Impact Fees
– Enhanced Infrastructure Financing District
– Library facility improvements plan
– Universal design principles for public spaces
58 | KEY IMPLEMENTATION ACTIONS
DOSP CED HEARING - JUNE 25, 2024
• Near-Term (2-5 Years)
- Increased accessibility requirements
- Restrooms/drinking water in public spaces
- Explore encouraging affordable live/work units in cultural districts
- Capital improvements to public facilities for resilience and relief
- Train “quiet zone” study
- Accommodating two-way circulation
59 | KEY IMPLEMENTATION ACTIONS
DOSP CED HEARING - JUNE 25, 2024
• Medium-Term (5-10 Years)
– Nightlife strategy
– Proactive assistance to vulnerable
homeowners
– Cultural facilities fee
• Long-Term (10+ Years)
– I-980 replacement feasibility study
– Implement shoreline protection measures
60 | KEY IMPLEMENTATION ACTIONS
DOSP CED HEARING - JUNE 25, 2024
Process & Meetings
46 | OVERALL PROCESS & TIMELINE
2015-2016
Project Initiation
Existing Conditions Research & Profile Report
10-Day Public Design Charrette & Open Studio
Community Advisory Group (CAG) Launch
Plan Alternatives Report & Comment Memo
Stakeholder Meetings & Online Survey
Youth Summit
2017-2018
Racial Equity Re-Launch
Interviews & Focus Groups
Disparity Analysis
Expanded Outreach & CAG Membership
Social Equity Working Groups & Creative Solutions Labs
Accessibility Survey Collaboration with Senior and
Disability Advocates
2018-2019
Plan Drafting & Iteration
Plan Options Report & Equity Assessment
Preliminary Draft Plan & Public Review
Public Review Draft Plan/EIR* & Public Hearings
Initial Zoning Incentive Program (ZIP) analysis
2020-2024
Final Plan, Zoning & Adoption
Final Draft Plan
Draft Planning Code (Zoning) and General Plan
Amendments & Public Review
Adoption Hearings for Final Draft Plan & Zoning
DOSP CED HEARING - JUNE 25, 2024
74| PROCESS & TIMELINE
Racial Equity Relaunch
Interviews, Focus Groups, Disparity Analysis, Expanded Outreach & CAG Membership, Social Equity Working Groups, Creative Solution Labs, Accessibility Survey, Collaboration with Senior & Disability Advocates
CAG Meetin
gs: Disparity Analysis and Racial Equity Indicators
(2/18), REIA Focus Group (6/18)
Project Initiation
Existing Conditions Research & Profile Report, 10-Day Public Design Charrette & Open Studio, Community Advisory Group (CAG) Launch, Plan Alternatives Report & Comment
Memo, Stakeholder Meetings & Online Survey,Youth Summit CAG Meetings: Review of Plan Alternatives Report and Discussion of Downtown Neighborhoods (2/16), Connectivity & Access, Built Environment, Preservation & Housing, Open Space,
Recreation & Environmental Sustainability,Arts, Cultural Heritage & Economic Development (3/16)
Plan Drafting & Iteration
Plan Options Report & Equity Assessment, Preliminary Draft Plan & Public Review, Public Review Draft Plan/EIR* & Public Hearings, Initial Zoning Incentive Program (ZIP) analysis
CAG Meetings: Plan Options Report & Draft Vision (11/18), DOSP Goals (1/19), TDR & Incentive Program, Streets & Mobility, Height/Intensity, and Affordable Housing (2/19), Review of Preliminary Draft Plan public comments (3/19), DOSP Implementation Ideas (6/19), How feedback has been incorporated into Plan and the ZIP (9/19), ZIP Feasibility Study (12/19)
Final Plan, Zoning & Adoption
Final Draft Plan, Draft Planning Code (Zoning) and General Plan Amendments & Public Review, Adoption Hearings for Final Draft Plan & Zoning CAG Meetings:
Community Benefits Prioritization (1/20), ZIP Structure & Benefits (5/20), Housing Strategy & Implementation Strategy (10/20),Zoning & Policy Objectives (2/21 and 9/21), Affordable Housing and ZIP Study Session (23), Feedback on the Final Draft Package (4/24) DOSP CED HEARING - JUNE 25, 2024
62 | CAG INVOLVEMENT
• 2/1/2016: Review of Plan Alternatives Report and Discussion of Downtown Neighborhoods • 3/23/2016: Connectivity & Access, Built Environment, Preservation & Housing, Open Space, Recreation & Environmental Sustainability,Arts, Cultural Heritage & Economic Development • 2/2/2018: Disparity Analysis and Racial Equity Indicators • 6/6/2018: REIA Focus Group
• 11/29/2018: Plan Options Report & Draft Vision
• 1/22/2019: DOSP Goals
• 2/1/2019: TDR & Incentive Program, Streets & Mobility, Height/Intensity, and Affordable Housing • 2/28/2019: Review of Preliminary Draft Plan public comments • 6/24/2019: DOSP Implementation Ideas
• 9/25/2019: How feedback has been incorporated into Plan and the ZIP • 12/5/2019: ZIP Feasibility Study
• 1/16/2020: Community Benefits Prioritization
• 5/14/2020: ZIP Structure & Benefits
• 10/1/2020: Housing Strategy & Implementation Strategy • 2/2021 and 9/19/2022: Zoning & Policy Objectives
• 2023: Affordable Housing and ZIP Study Session
• 4/18 and 4/30 2024: Feedback on the Final Draft Package DOSP CED HEARING - JUNE 25, 2024
Pandemic Recovery
HOW DOES THE DOSP ADDRESS
COVID-19 RECOVERY & THE CHANGING
ROLE OF DOWNTOWNS?
The
Downtown
Oakland
Specific Plan
50 DOSP CED HEARING - JUNE 25, 2024
• The pandemic has exacerbated existing
trends:
– Homelessness
– Commercial vacancies
– Closure/displacement of local businesses and
arts organizations
– Public safety concerns
– Racial health and wealth disparities
HOW DOES THE DOSP ADDRESS COVID-19 RECOVERY?
The
Downtown
Oakland
Specific Plan
51 DOSP CED HEARING - JUNE 25, 2024
• E-1.4: Land Trust / Master Lease Program
• E-1.7: Supporting Businesses Owned by
Women and People of Color
• E-1.8: Supporting Worker-Owned
Cooperatives
• E-2.3: Requirements/Incentives for
Affordable Arts, Culture & Commercial
Space
• E-2.7: Pop-up & Temporary Uses
• E-2.9: Low-Cost Retail Storefronts
• E-3.6: Business Outreach
• E-3.10: Increased Business Assistance
Center Capacity
• E-1.6 Façade & Tenant Improvement
Program
• E-3.2 Local Hire Incentives
• E-3.3 Expanded Job Training,
Apprenticeships & Placement Services
• E-3.4 Procurement and Contracting
Policies
• E-3.5 Partnerships to Support Small, Local
Suppliers
HOW DOES THE DOSP ADDRESS COVID-19 RECOVERY?
The
Downtown
Oakland
Specific Plan
52 Equitable Economic Recovery
DOSP CED HEARING - JUNE 25, 2024
• H-1.2 High intensity, Mixed-Use Neighborhoods
• H-1.9: Directing Affordable Housing Funds
Downtown
• H-1.16: Family-Friendly Design
• H-2.15: Restrooms/Drinking Water in Public Spaces
• C-1.2: Supporting the BAMBD
• C-1.5: Incentives for Affordable Arts, Culture &
Commercial Space
• C-1.8 Community Ownership & Stewardship
• C-1.14 Staffing to Support Cultural Programs
• C-2.2 Community Gathering Spaces
• C-2.4 Streamline Event Permitting
• M-1.1 Pedestrian Safety Measures
• M-2.2 Improve Amenities/Security at Bus Stops
• M-2.8 Low-Income Transit Pass
• CH-1.1 Public Realm Improvements
• CH-1.7 Encouraging Vendors & Artists in Public
Space
• CH-1.12 Youth & Senior-Driven Programming for
Public Spaces
• CH-1.17 Crime Prevention Through Environmental
Design (CPTED) Guidelines
• Ch-1.18 Community Safety Initiatives
• LU-1.7: Streetscape & Public Space Improvements
HOW DOES THE DOSP ADDRESS COVID-19 RECOVERY?
The
Downtown
Oakland
Specific Plan
53 Downtowns for All People
DOSP CED HEARING - JUNE 25, 2024
• Created a light industrial transition
in Jack London between residential
and industrial areas to protect
accessible well-paid industrial jobs
associated with the Port
• Revised Office Priority Sites
strategy to allow residential units
on these sites in addition to
required employment space
• Converted Office Priority to
Employment Priority to establish
support for non-office employment
uses such as life sciences, biotech
and research & development
• Further developed the master
lease/commercial tenanting
program to provide below market-
rate rents to small businesses that
meet equity goals
HOW DOES THE DOSP ADDRESS COVID-19 RECOVERY?
The
Downtown
Oakland
Specific Plan
54 Changes Since the Public Review Draft Plan (2019)
DOSP CED HEARING - JUNE 25, 2024
Changed Development Program
& Industrial Transition
PUBLIC REVIEW
DRAFT PLAN
August 2019
75 | WHAT’S CHANGED: OVERALL VISIONDOSP CED HEARING - JUNE 25, 2024 76 | WHAT’S CHANGED: OVERALL VISION
FINAL DRAFT PLAN
March 2024
DOSP CED HEARING - JUNE 25, 2024
58 | WHAT’S CHANGED: DEVELOPMENT PROGRAM
FINAL DRAFT PLAN
March 2024
PUBLIC REVIEW
DRAFT PLAN
August 2019
Key Changes:
– Slight reduction in
office and flex
commercial space
– Reduction in retail and
neighborhood serving
commercial space
– Large increase in light
industrial space
DOSP CED HEARING - JUNE 25, 2024
59 | WHAT’S CHANGED: PRESERVING INDUSTRIAL LAND USES
PUBLIC REVIEW
DRAFT PLAN
August 2019
FINAL DRAFT PLAN
March 2024
DOSP CED HEARING - JUNE 25, 2024
Additional Detail on What
the DOSP Will Do
WHAT WILL THE DOSP DO?
The
Downtown
Oakland
Specific Plan
61 DOSP CED HEARING - JUNE 25, 2024
WHAT WILL THE DOSP DO?
The
Downtown
Oakland
Specific Plan
62 • Streamline production of both market-
rate and affordable, subsidized housing
• Orient dense housing and employment to
meet the environmental goals in our
ECAP, locating the highest density at
major transit centers
• Allow increased density in return for
specific community benefits
DOSP CED HEARING - JUNE 25, 2024
WHAT WILL THE DOSP DO?
The
Downtown
Oakland
Specific Plan
63 • Generate funds through one-time
development impact fees to subsidize
affordable housing, transportation and
other capital improvements
• Generate long-term tax revenues that can
build affordable housing and provide
other city services, including parks and
street maintenance
DOSP CED HEARING - JUNE 25, 2024
WHAT WILL THE DOSP DO?
The
Downtown
Oakland
Specific Plan
64 • Build up our cultural & business districts,
starting with the BAMBD
• Fill vacancies on the ground floor:
– Provide services to Oakland's growing resident
population
– Increase foot traffic to support public safety
– Welcome Oakland residents from throughout the
city to their downtown
– Stem cultural displacement, allowing the small
businesses, arts and entertainment groups, and
nonprofits run by and serving Oaklanders of
color to thrive
DOSP CED HEARING - JUNE 25, 2024
WHAT WILL THE DOSP DO?
The
Downtown
Oakland
Specific Plan
65 • Address monumental shifts in the future
of work and the role of downtowns
– Protect and grow our industrial jobs near the
Port, which are accessible to many residents
– Encourage R&D and biotech with a high
density of on-site jobs in the heart of
downtown
– Continue to build a mixed-use, culturally
thriving downtown that supports local
businesses without relying solely on office
DOSP CED HEARING - JUNE 25, 2024
WHAT WILL THE DOSP DO?
The
Downtown
Oakland
Specific Plan
66 • Address sea level rise impacts,
permitting new housing in inundation
areas only with comprehensive
infrastructure and adaptation plans to
protect against flooding
• Lay the foundation for citywide and
regional planning to address the effects
of climate change and sea level rise
DOSP CED HEARING - JUNE 25, 2024
WHAT WILL THE DOSP DO?
The
Downtown
Oakland
Specific Plan
67 • Re-Imagine I-980 to accommodate up to:
– 5,000 Residential units
– 1.5 M Sq. Ft. of Commercial, including:
– 910 K Sq. Ft. of Office
– 600 K Sq. Ft. of Retail & Neighborhood Serving
Commercial Space
• Consider new multi-way boulevard with possible
future transit below
• Suggest equity approach to repair harm done to
West Oakland community during construction of
I-980
DOSP CED HEARING - JUNE 25, 2024