PWTC
September 22, 2026
AGENDA REPORT
TO: Elizabeth Lake FROM: Josh Rowan
Interim City Administrator Director, OakDOT
SUBJECT: Major Encroachment Permit at
1021 45th Avenue
DATE: September 22, 2026
City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That The City Council Adopt A Resolution Granting A Conditional And Revocable Major Encroachment Permit ENMJ25053 To Edward K. Hemmat and Roshanne Hester Hemmat, Trustees of the Khalegh and Roshanne Hemmat 2001 Trust, To Allow Portions Of Five Outward Swinging Doors and Planters Serving as Pedestrian Barriers to Encroach into the Public Right-of-Way Fronting 45th Avenue at 1021 45th Avenue; And Adopting Appropriate California Environmental Quality Act Findings. EXECUTIVE SUMMARY Adoption of this proposed resolution will authorize the City Administrator to issue a conditional and revocable Major Encroachment Permit to the property owner, Edward K. Hemmat and Roshanne Hester Hemmat, Trustees of the Khalegh and Roshanne Hemmat 2001 Trust, (Permittee), to document and regulate encroachments of existing building elements, consisting of portions of five outward swinging doors in the public right-of-way at the property located at 1021 45th Avenue (APN: 034-2263-029) (Property).
BACKGROUND / LEGISLATIVE HISTORY
Oakland Municipal Code (“OMC”) Chapter 12.08 requires a major encroachment permit for building encroachments into the public right-of-way exceeding the limits specified in the Oakland Building Code and California Building Code (CBC).
The subject structure was built in 1971 and is currently occupied by a small business operating as a body shop and flex-office space.
The applicant Permittee applied for a Building Department permit for a building alteration (B1904806) to perform tenant improvements related to indoor cannabis cultivation, manufacturing, and distribution. Upon submission, the applicants were informed that they must first obtain Major Encroachment permit approval (ENMJ25053).
Elizabeth Lake (Sep 5, 2026 00:34:24 PDT) Sep 5, 2026
Elizabeth Lake, Interim City Administrator
Subject: Major Encroachment Permit – 1021 45th Avenue
Date: September 22, 2026 Page 2
PWTC
September 22, 2026
ANALYSIS AND POLICY ALTERNATIVES
The proposed encroachment permit will allow existing building elements, consisting of portions of five outward swinging doors, to encroach into the public right of way beyond the limits detailed in the California Building Code (section 3202.2 and section 3202.2.2).
The sidewalk fronting the property is 12.5 feet wide, and 9.5 feet of clear path of travel will remain available for pedestrians and persons with disabilities after the door encroachments.
Planting pots will be placed adjacent to the doors to prevent pedestrians from walking into the door swing area. The encroachments meet City standards and are described in more detail in Exhibit A to the Resolution.
Consistent with OMC 12.08, a Major Encroachment Permit is required for all encroachments in the public right-of-way beyond the limits specified in CBC Section 3202.2. Major Encroachment Permits are reviewed by the Department of Transportation and approved and issued by the City Council. An Indenture Agreement between the City of Oakland (“City”) and Permittee, which sets out the conditions and obligations of the revocable Major Encroachment Permit, is included as Exhibit B to the resolution.
The Major Encroachment Permit and the Indenture Agreement will hold the property owners liable and responsible for private improvements constructed in the public right of way and allows for construction and maintenance of encroachments.
The Major Encroachment Permit may be revoked if in the City’s best interest and the property owners would be required to remove the encroachments and restore the public right of way. In addition, Council may direct staff to include other conditions as the location and nature of the proposed encroachments may require for the purposes of public health, safety, and aesthetics.
Approval of the encroachment will allow the Permittee to retain existing entryways. The doors swing into the public right of way a maximum of three feet. The sidewalk fronting the property is
12.5 feet wide, and after the door encroachments, 9.5 feet of clear path of travel remains available for pedestrians and persons with disabilities. Planting pots will be installed adjacent to the doors to prevent pedestrians from walking into the door swing area.
Denial of the Major Encroachment Permit may cause financial hardship to the Permittee, who would need to remove the existing encroachment.
RELATED PLANNING EFFORTS
This agenda item is a routine item and does not relate to any Oakland strategic planning efforts.
FISCAL IMPACT
There is no fiscal impact to the City associated with this permit. Staff costs for processing the proposed Major Encroachment Permit are covered by fees established in the Master Fee Schedule and paid by the Permittee.
Elizabeth Lake, Interim City Administrator
Subject: Major Encroachment Permit – 1021 45th Avenue
Date: September 22, 2026 Page 3
PWTC
September 22, 2026
PUBLIC OUTREACH / INTEREST
This item did not require special public outreach other than the required posting on the City's website.
COORDINATION
The agenda report and proposed resolution were coordinated with the Planning and Building Department, Budget Bureau, and Office of the City Attorney.
RACE AND EQUITY
Staff did not complete a Racial Equity Impact Analysis on the recommended permitting action.
There are no racial equity opportunities identified with this report.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The California Environmental Quality Act (“CEQA”) and the CEQA Guidelines exempt specific types of projects from environmental review. The following CEQA exemptions apply to this project, each of which provides a separate and independent basis for CEQA clearance: CEQA Guidelines sections 15301 (existing facilities) and 15061(b)(3) (no significant effect to the environment).
Elizabeth Lake, Interim City Administrator
Subject: Major Encroachment Permit – 1021 45th Avenue
Date: September 22, 2026 Page 4
PWTC
September 22, 2026
ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That The City Council Adopt A Resolution Granting A Conditional And Revocable Major Encroachment Permit ENMJ25053 To Edward K. Hemmat and Roshanne Hester Hemmat, Trustees of the Khalegh and Roshanne Hemmat 2001 Trust, To Allow Portions Of Five Outward Swinging Doors and Planters Serving as Pedestrian Barriers to Encroach into the Public Right-of-Way Fronting 45th Avenue at 1021 45th Avenue; And Adopting Appropriate California Environmental Quality Act Findings. For questions regarding this report, please contact Franklin Dang, Assistant Engineer II, at [email protected].
Respectfully submitted,
JOSH ROWAN
Director, Department of Transportation
Reviewed by:
Emily Ehlers, Acting Assistant Director,
Department of Transportation
Reginald Bazile, Division Manager,
Department of Transportation
Ishrat Jahan, P.E, Supervising Civil Engineer,
Department of Transportation
Prepared by:
Franklin Dang Assistant Engineer II
Engineering Services and Right-of-Way
Management