AP
PROVED AS TO FORM AND LEGALITY
___
___________________________
CITY ATTORNEY’S OFFICE
O
AKLAND CITY COUNCIL
ORDINANCE NO. __________C.M.S.
ORDINANCE APPROVING A REZONING AMENDMENT TO CHANGE
THE ZONE CLASSIFICATION OF 5212 BROADWAY FROM MIXED
HOUSING RESIDENTIAL – 4 ZONE (RM -4), HEIGHT AREA 35 AND NEIGHBORHOOD COMMERCIAL – 1 ZONE (CN-1), HEIGHT AREA 95 TO COMMUNITY COMMERCIAL – 2 ZONE (CC-2), HEIGHT AREA 95 IN
CONNECTION WITH THE CALIFORNIA COLLEGE OF THE ARTS
CAMPUS REDEVELOPMENT PROJECT; AND MAKING APPPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
W
HEREAS, Assessor’s Parcel Number (APN) 014-124-300-101 ( the Parcel) is a 172,270 square foot site located at 5212 Broadway in the City of Oakland (City); and W
HEREAS, the City Council previously adopted the zone classifications of Mixed Housing Residential – 4 Zone (RM-4) and Neighborhood Commercial – 1 (CN-1) Zone for the Parcel; and W
HEREAS, the Height Map Designation for the RM-4 portion of the Parcel is 35 feet and the Height Map Designation for the CN-1 portion of the Parcel is 95 feet; and WHEREAS, the General Plan Housing E lement includes the Parcel in the Housing Opportunity Site inventory with a feasible capacity of 510 residential units and the Parcel is included in the S-14 Combining Zone, and
WHEREAS, the S -14 Combing Zone regulations re quire development of the Parcel to a minimum density of 75 percent of the capacity designated in the Housing Opportunity Site Inventory or 383 units, and
W
HEREAS, the existing capacity of the Parcel is 209 residential units, with the RM-4 zoned portion of the Parcel allowing 79 units and the CN-1 zoned portion of the Parcel allowing 130 units, and
DRAFT
WHEREAS, Arts Campus LLC applied for the California College of the Arts Campus Redevelopment Project , case file PLN20141 and PLN20141- PUD01, consisting of a combined Planned Unit Development/Final Development Permit to redevelop the Parcel with 448 multifamily residential units and 14,390 square feet of commercial use (Project), as set forth in City ’s Planning Commission October 16, 2024 Staff Report and December 3, 2024 Staff Report to the City Council (Agenda Reports); and
WHEREAS, to accommodate the density of the Project, Arts Campus LLC applied for a Rezoning Amendment from RM -4 and CN -1 to CC -2, Height Area 95 for the Parcel , and the Rezoning Amendment is required to implement the Project entitlements; and WHEREAS, as more fully set forth in the related resolution for a General Plan Amendment, Arts Campus LLC applied for a General Plan Land Use and Transportation Element (LUTE) amendment to “Community Commercial” Land Use; and
WHEREAS, the Rezoning Amendment would be consistent with the LUTE Community Commercial Land Use Designation and with the General Plan Housing Element Housing Opportunity Area inventory; and
WHEREAS, the Project and the residential capacity allowed under the CC-2 Zone would be consistent with the S-14 Combing Zone requirements including attaining minimum density; and WHEREAS, as more fully set forth in the related resolution certifying the Environmental Impact Report for the Project and the CEQA findings , each incorporated by this reference, the Rezoning Amendment was analyzed in compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, for the reasons further described in the Agenda Report s, including the Project findings incorporated by reference, t he existing zone s or regulations affecting the Parcel are inadequate or otherwise contrary to the public interest because the existing RM-3 and CN-1 Zone are inadequate to meet the required minimum density required by the S-14 Combining Zone; and WHEREAS, the Rezoning Amendment promotes the public interest by establishing a pedestrian-oriented neighborhood district that contains a mix of housing, office and group usable open space; and
WHEREAS, on October 16, 2024, the City Planning Commission, after conducting a duly noticed public hearing, hearing all qualified and interested persons, and receiving and considering all relevant evidence, recommended that the City Council certify the Environmental Impact Report , adopt a Statement of Overriding Considerations, and approve the Project , including the Rezoning Amendment; and
WHEREAS, on December 3, 2024, the City Council conducted a duly noticed public hearing, heard all qualified and interested persons, and received and considered all relevant evidence on the Project, including the Rezoning Amendment , wherein upon the public hearing being closed, this Ordinance was introduced for first reading;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are an integral part of this Ordinance.
SECTION 2. The City Council hereby approves the Rezoning Amendment to CC-2 Zone attached hereto as Exhibit A, subject to such minor and clarifying changes consistent with the terms hereof as may be approved by the City Attorney.
SECTION 3 T he City Council hereby approves the Rezoning Amendment to Height Area 95 attached hereto as Exhibit B, subject to such minor and clarifying changes consistent with the terms hereof as may be approved by the City Attorney.
SECTION 4. Based on independent review of the Agenda Reports an d project findings attached thereto and incorporated herein, the City Council finds that the Rezoning Amendment is consistent with the General Plan and is in the public interest.
SECTION 5. California Environmental Quality Act Findings. The City Council, as the final decision-making body, has independently reviewed the Environmental Impact Report for the Project published on September 20, 2024, and the associated CEQA findings attached to the Agenda Reports and incorporated herein, and finds that the Rezoning Amendment is in compliance with CEQA (Pub. Res. Code section 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs. title 14, section 15000 et seq.).
SECTION 6. This Ordinance, and the Rezoning Amendment described above, is based, in part, on the findings set forth above , the CEQA findings related to approval of the Project , and any other findings related to approval of the Project, as well as the other resolutions and ordinances related to the Project, each incorporated by this reference.
SECTION 7. Except as specifically set forth herein, this Ordinance suspends and supersedes all resolutions, ordinances, plans, codes, laws, and regulations conflicting with this Ordinance and/or implementation of the Rezoning Amendment as approved.
SECTION 8. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
SECTION 9. Effective Date. Pursuant to section 216 of the City Charter, this Ordinance is effective as of the date it is adopted if passed by an affirmative vote of at least six council members; otherwise, it is effective seven days after final adoption.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES – FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST: ______________________________________
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
Date of Attestation: ____________________
Attachments
Exhibit A – Map 1 (Proposed Zoning Change)
Exhibit B – Map 2 (Proposed Height Area Change)
NOTICE AND DIGEST
ORDINANCE APPROVING A REZONING AMENDMENT TO CHANGE
THE ZONE CLASSIFICATION OF 5212 BROADWAY FROM MIXED
HOUSING RESIDENTIAL – 4 ZONE (RM -4), HEIGHT AREA 35 AND NEIGHBORHOOD COMMERCIAL – 1 ZONE (CN-1), HEIGHT AREA 95 TO COMMUNITY COMMERCIAL – 2 ZONE (CC- 2), HEIGHT AREA 95 IN
CONNECTION WITH THE CALIFORNIA COLLEGE OF THE ARTS
REDEVELOPMENT PROJECT ; AND MAKING APPPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
An Ordinance approving a zoning amendment to change the zo ning of 5212 Broadway (Assessor’s Parcel Number 014 -124-300-101) (Parcel) from RM -4 and CN -1 to CC -2 Height Zone 95. The rezoning to the CC-2 Zone with Height Area 95 will increase the Parcel capacity from 209 units to a maximum development potential of 520 units. The land use activities and the proposed density and other development standards allowed in the CC-2 Zone would comply with the General Plan Land Use and Transportation Element (LUTE) “Community Commercial” Land Use Designation and with the General Plan Housing Element Housing Opportunity S ite designation. The Ordinance also makes California Environmental Quality Act (CEQA) findings consistent with the findings made as part of the City’s approval of the project entitlements for the California College of Arts Redevelopment Project.
EXHIBIT A
MAP 1 Proposed Zoning Change
EXHIBIT B
MAP 2 PROPOSED HEIGHT AREA CHANGE