Public Works & Transportation Committee
October 27, 2026
RECOMMENDATION
AGENDA REPORT
Staff Recommends That The City Council Adopt The Following Pieces of Legislation:
A Resolution Authorizing The City Administrator To Enter Into A Subdivision Improvement Agreement With Kenilworth Property, LLC, For Deferred Construction Of Public Infrastructure Improvements As A Condition To Parcel Map Approval For Parcel Map No. 8228, Located At Kenilworth Road; And Making Appropriate California Environmental Quality Act Findings; And
A Resolution Granting A Conditional And Revocable Major Encroachment Permit ENMJ22054 To Kenilworth Property, LLC, To Allow Privately Owned And Maintained Retaining Walls, Pressurized Sanitary Sewer System, Storm Drain System, Bioretention Planters, And Irrigation Systems To Encroach The Public Right Of Way Beneath And Adjacent To Kenilworth Road; And Adopting Appropriate California Environmental Quality Act Findings; And
A Resolution Conditionally Approving Parcel Map No. 8228, Located At Kenilworth Road, For A Four Lot Subdivision With A Remainder Parcel, A Right-Of-Way Dedication And A Sewer Reserve Abandonment, For Property Owners Kenilworth Property, LLC; And Adopting Appropriate California Environmental Quality Act Findings.
EXECUTIVE SUMMARY
Adoption of the proposed Resolutions in this report will allow for the construction of public infrastructure improvements within the public right-of-way to facilitate the construction of seven (7) new single-family homes in the Hillside Residential area, following the 2010 approval of the project and subsequent extensions approved by the Oakland City Planning Commission and Planning Bureau.
The adoption of the proposed Resolution approving the Subdivision Improvement Agreement (SIA) for deferred construction of public infrastructure improvements would ensure that required public infrastructure improvements are completed and accepted by the City prior to building occupancy. Refer to Exhibit A to the Resolution for the SIA. 22 TO: Elizabeth Lake FROM: Josh Rowan
Interim City Administrator Director, OakDOT
SUBJECT: Subdivision Improvements at
Kenilworth Road
DATE: October 5, 2026
City Administrator Approval Date: Elizabeth Lake (Oct 9, 2026 09:44:41 PDT) Oct 9, 2026 Elizabeth Lake, Interim City Administrator
Subject: Subdivision Improvements at Kenilworth Road
Date: October 5, 2026 Page 2
Public Works & Transportation Committee
October 27, 2026
The adoption of the proposed Resolution granting a conditional and revocable major encroachment permit will document and regulate planned encroachments within the public rightof-way at Kenilworth Road, associated with Conditions of Approval outlined in the Planning Case File Number PUD04195. The encroachment permit will allow a pressurized sanitary sewer, retaining walls, bioretention basins, storm drainage systems, irrigation and street trees, to be built, and privately owned and maintained by the owner and transferred to the Geologic Hazard Abatement District (GHAD) and Homeowner’s Association (HOA) for the development, once created. The encroachment permit requires the property owners to comply with the conditions of approval issued by the Oakland City Planning Commission. 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 provided as Exhibit B to the Resolution.
The adoption of the proposed Resolution conditionally approving Parcel Map No. 8228, allows for the completion of the Kenilworth Road housing project and authorizes the City Engineer to accept an irrevocable offer of dedication for roadway and utility purposes and, as an instrument to the Parcel Map No. 8228, abandonment of a portion of an existing sanitary sewer easement at 0 Kenilworth Road (Sewer Easement). The sewer easement has not historically contained an existing sewer line and is no longer necessary for any future public purpose. See Exhibit C to the Resolution for the Parcel Map No. 8228.
BACKGROUND / LEGISLATIVE HISTORY
Kenilworth Property, LLC (Subdivider) currently owns the fee title of the property subject to the proposed four lot subdivision with a remainder parcel, located at 0 Kenilworth Road and shown in Parcel Map No. 8228.
On November 15, 2006, the City Planning Commission approved the Tentative Parcel Map for No. 8228 and related land use entitlements (permit number PUD04195), subject to various conditions of approval, and certified the Focused Environmental Impact Report (EIR). After an appeal of the project was withdrawn, Planning staff revised the project approval date to July 9, 2010. The Project applicant took advantage of all ministerial options for extensions. The property has changed ownership and on March 13, 2017, the Planning Commission approved another extension to December 31, 2017. In October 2017, the Planning Zoning Manager provided the applicant with a determination letter extending the map to the maximum extent allowable under state law, July 9, 2022. The property owner timely filed their final map prior to July 9, 2022.
Upon completion, the proposed development on Kenilworth Road will include 7 single-family housing units and infill development on vacant downhill parcels located within a residential zone.
ANALYSIS AND POLICY ALTERNATIVES
Approval of the SIA will enable the City to enter into a binding legal agreement with the Subdivider to ensure that the Subdivider complies with City-imposed conditions of approval and other legal Elizabeth Lake, Interim City Administrator
Subject: Subdivision Improvements at Kenilworth Road
Date: October 5, 2026 Page 3
Public Works & Transportation Committee
October 27, 2026
requirements. The SIA will guarantee the construction of public infrastructure improvements and private access roadway and utilities required to service the parcels.
The SIA contains the following:
1. Construction of surface and subsurface infrastructure improvements (permit number PX1700020) after the Parcel Map is recorded.
2. Completion of the infrastructure construction within two (2) years of the Effective Date of the SIA.
3. Posting of adequate security (150% of construction cost) prior to execution of the SIA to assure completion of the infrastructure construction.
4. Procuring and maintaining the required minimum limits of insurance to indemnify the City to the maximum extent permitted by law;
5. Ensuring a one (1) year warranty period following completion of the infrastructure construction;
6. Providing adequate security (25% of construction cost) to maintain the infrastructure during the warranty period.
The City Engineer has determined that the Parcel Map substantially complies with the approved Tentative Parcel Map and recommends that the Council approve the Parcel Map and enter into the SIA.
The Indenture Agreement to be executed between the City and Permittee, sets out the conditions and obligations of the revocable Major Encroachment Permit. This 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 includes an agreement allowing the City to revoke the permit if in the City’s best interest and require the property owners to remove the encroachments and restore the public right of way. In addition, City Council may direct staff to include other conditions as the location and nature of the proposed encroachments may require for the public health, safety and appearance.
Rejecting the proposed major encroachment would require a substantial redesign of the proposed Project, delaying its construction, and conflict with Conditions of Approval issued by the City Planning Commission for the development.
FISCAL IMPACT
There is no fiscal impact associated with these proposed resolutions. Staff costs for processing the proposed SIA, Major Encroachment, and Parcel Map are covered by the permit processing fees set by the Master Fee Schedule and paid by the Subdivider.
Elizabeth Lake, Interim City Administrator
Subject: Subdivision Improvements at Kenilworth Road
Date: October 5, 2026 Page 4
Public Works & Transportation Committee
October 27, 2026
PUBLIC OUTREACH / INTEREST
Public outreach for the project was conducted during the land use entitlement, consistent with the Department of Planning & Building protocol.
COORDINATION
The report was coordinated with the Department of Planning and Building, Budget Bureau, and the Office of the City Attorney. The Office of the City Attorney has reviewed the resolutions for form and legality.
RACE AND EQUITY
Staff did not complete a Racial Equity Impact Analysis on this permitting action.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
These actions comply with CEQA because the improvements in question were approved as part of the entitlements for the Kenilworth Road Project. A Draft Focused EIR released on December 5, 2005, was circulated for a 45-day public comment period. The City then prepared a Final EIR containing copies of the comments, responses to those comments, and any necessary revisions to the Focused EIR which was published on October 20, 2006. With certification of the FEIR upon the City Planning Commission’s approval of the Tentative Parcel Map in November 15, 2006, the City acknowledges its satisfaction that the Final Focused EIR fully addresses the received public comments and is adequate and complete under CEQA.
Elizabeth Lake, Interim City Administrator
Subject: Subdivision Improvements at Kenilworth Road
Date: October 5, 2026 Page 5
Public Works & Transportation Committee
October 27, 2026
10/7/26
ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That The City Council Adopt The Following Pieces of Legislation:
A Resolution Authorizing The City Administrator To Enter Into A Subdivision Improvement Agreement With Kenilworth Property, LLC, For Deferred Construction Of Public Infrastructure Improvements As A Condition To Parcel Map Approval For Parcel Map No. 8228, Located At Kenilworth Road; And Making Appropriate California Environmental Quality Act Findings; And A Resolution Granting A Conditional And Revocable Major Encroachment Permit ENMJ22054 To Kenilworth Property, LLC, To Allow Privately Owned And Maintained Retaining Walls, Pressurized Sanitary Sewer System, Storm Drain System, Bioretention Planters, And Irrigation Systems To Encroach The Public Right Of Way Beneath And Adjacent To Kenilworth Road; And Adopting Appropriate California Environmental Quality Act Findings; And A Resolution Conditionally Approving Parcel Map No. 8228, Located At Kenilworth Road, For A Four Lot Subdivision With A Remainder Parcel, A Right-Of-Way Dedication And A Sewer Reserve Abandonment, For Property Owners Kenilworth Property, LLC; And Adopting Appropriate California Environmental Quality Act Findings.
For questions regarding this report, please contact Ishrat Jahan, Supervising Civil Engineer, at 510-238-7281.
Respectfully submitted,
Josh Rowan (Oct 7, 2026 10:20:14 PDT)
JOSH ROWAN
Director, Department of Transportation
Reviewed by:
Emily Ehlers, Interim Assistant Director,
Department of Transportation
Reginald Bazile, Division Manager,
Department of Transportation
Ishrat Jahan, P.E, Supervising Civil Engineer,
Department of Transportation
Prepared by:
Tadd Tsui, Assistant Engineer II
Department of Transportation