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Oakland City Planning CommissionJuly 20, 2016Case File Number PLN16-114Page 6ATTACHMENT A:FINDINGS FOR APPROVALThis proposal meets the required findings under the Oakland Planning Code. Required findings areshown in bold type; explanations as to why these findings can be made are in normal type.Section 17.134.050 (General Use Permit Criteria):A. That the location, size, design, and operating characteristics of the proposed development willbe compatible with and will not adversely affect the livability or appropriate development ofabutting properties and the surrounding neighborhood, with consideration to be given toharmony in scale, bulk, coverage, and density; to the availability of civic facilities and utilities;to harmful effect, if any, upon desirable neighborhood character; to the generation of trafficand the capacity of surrounding streets; and to any other relevant impact of the development.The proposed project would satisfy a community need which does not affect livability of thesurrounding neighborhood, and will be operated in a small scale which is compatible with WestOakland's neighborhood character. By reducing dependence on the private automobile, the transitoriented project will offer lifestyle choices which suppo11 nearby facilities and activities in WestOakland's renaissance area. Conditions of approval will limit noise, light, trash/litter, loitering, latehours and similar factors to offset any potential for negative effects of activities.B. That the location, design, and site planning of the proposed development will provide aconvenient and functional living, working, shopping, or civic environment, and will be asattractive as the nature of the use and its location and setting warrant.The proposed project has a master planned design, including co-housing which enhances theconvenience and functional living environment of its residents. The architecture and positioning ofnew structures, and preservation of an existing structure, will create attractive facilities as warrantedby location and setting.C. That the proposed development will enhance the successful operation of the surrounding areain its basic community functions, or will provide an essential service to the community orregion.This facility would have less traffic, noise and light than a conventional subdivision might haveoffered with more dependence on the single automobile. This facility complements nearby Victorianneighborhoods without copying them.D. That the proposal conforms to all applicable design review criteria set forth in the designreview procedure at Section 17.136.070.The site layout and architecture are evocative of Victorian areas without being rigidly similar. Thedesign criteria for residential projects are included in the design. Preservation of the duplex on thecorner gives a two-story visual anchor to the project which helps give identity.

Oakland Citv Planning CommissionJulv 20, 2016Case File Number PLN16-114E. That the proposal conforms in all significant respects with the Oakland General Plan and withany other applicable plan or development control map which has been adopted by the CityCouncil.The General Plan allows for review and approval of such housing projects will not cause unduenuisance activity. The Mixed Housing Type residential land use category envisions a wide range ofhousing types and other uses along with promoting mixed-use developments. An attractive housingdevelopment at this location will conform to adopted plans.Section 17.17.050.03.L-3 CUP for Density, RM-2 Zoned Sites With Three or More Dwelling UnitsA. That the proposed development will not adversely affect adjoining property, nor thesurrounding neighborhood, with consideration given to density; to the availability ofneighboring facilities and play space to the generation of traffic and the capacity ofsurrounding streets; and to all other similar, relevant factors.The addition of three dwelling structures, with one private parking space each and one sharedspace, will have a minimal effect on traffic in the area. Neighborhood streets are currentlyunderused, with capacity to spare. Likewise, adding a few dwellings will have minimal effectson demand for play space. Although West Oakland is below some standards for park space, theCity's adopted plans show that it has more per capita park space than several other Oaklandflatland neighborhoods. Effects of the project on traffic and open space will be minimal.B. That the site design and landscaping and the scale, height, length and width, bulk, coverageand exterior treatment of structures are in harmony with neighborhood character and withfacilities on nearby lots.Three new residential buildings on the parcel will have similar external shapes and materialscompared to nearby Victorian homes. The fourth building, a two story existing structure builtsoon after Victorian times, will be retained and will contribute harmony and character to theplanned architectural mix of the site.C. That the shape and siting of the facilities are such as to minimize blocking of views anddirect sunlight from nearby lots and from other Residential Facilities in the surroundingneighborhood.The site is flat and the heights of the three new buildings will be compatible with nearbystructures, including the retained corner structure of this project. Spacing between buildingshelps to allow flow of sunlight on-site and to neighbors.D. That the design and site planning of the buildings, open areas, parking and service areas,and other facilities provide a convenient, attractive and functional living environment; andthat paths, stairways, accessways, and corridors are designed to minimize privacy impacts.The new buildings are designed as Victorian-sized modules with open areas between the frontand rear buildings. The paths and accessways minimize privacy impacts. There are no externalstairways or corridors to affect privacy.Page 7

Oakland City Planning CommissionJuly 20, 2016Case File Number PLN16-114E. That lot shape, size and dimensions allow a development which will provide satisfactoryinternal living conditions without adversely affecting the privacy, safety, or residentialamenity of adjacent residences.Because of the corner position of the existing dwellings, the resultant net building area behindthe corner structure allows siting for a logical cluster of buildings. The internal living area of theproject allows privacy since rear units are screened by front units from street noise and intrusiveviewing from sidewalks. The window and wall patters provide both safety from uninvitedvisitors and provide suitable light and air.Section 17.102.300: Dwelling Units with Five or More Bedrooms1. That off-street parking for residents of the entire facility, including any existing facility andany proposed alteration or addition, is provided as specified in the zone or zones in whichthe facility is located, as set forth in Section 17.116.060.As required by Code, the facility provides one parking space per dwelling (RM-2 standard) plusa shared space.2. That a minimum of one off-street visitor parking space is provided for the entire facility.The added off-street visitor parking space is provided on the plan.3. That the parking spaces provided in accordance with criteria 1 and 2, and all associateddriveways, maneuvering aisles and other related features, comply with the standards forrequired parking and loading facilities applicable in the base zone in which the facility islocated, as set forth in Sections 17.116.170 through 17.116.300.Parking spaces, driveways, maneuvering aisles and other related features meet coderequirements. Two existing spaces behind the existing building provide automobile back-outonto the street and would continue to do so. Interior parking areas between the three newbuildings provide "T" turnarounds which allow vehicles to proceed out front-forward rather thanhaving to back out, for most of the spaces.4. That no required parking spaces are located other than on approved driveways between thefront lot line and the front wall of the facility or its projection across the lot.All new parking spaces are located between the front wall of the front dwelling and the rear wallof the rear buildings, within the three-building central group of structures. No required parkingis in the front driveways, except for two existing legal nonconforming parking spaces behind theexisting corner building.5. That the applicable requirements of the buffering regulations in Chapter 17.110 are met.All new parking spaces are buffered either by landscaping or buildings, except for actualdriveways where pavement is needed to connect to the streets.Page 8

Oakland City Planning CommissionJuly 20, 2016Case File Number PLN16-114Page 9REGULAR DESIGN REVIEW1. The proposed design will create a building or set of buildings that are well related to thesurrounding area in their setting, scale, bulk, height, materials and textures.The proposal is to add three dwellings of four to five bedrooms each, while retaining a two-storyduplex building, with mainly open parking. The setting is in a West Oakland neighborhood ofsimilar homes. The new dwellings will be compatible with the existing facility and nearbyresidences in their two story scale, modulated bulk, small-footprint vertical emphasis, and woodor simulated wood materials and textures. The site is flat and the changes will retain views forneighboring homes.2. The proposedcharacteristics.design will protect, preserve or enhance desirable neighborhoodNeighborhood characteristics include medium density, alignment of houses on lots parallel to thesidewalks, and modulated window styles under a variety of roof styles. By adding threedwellings to an existing building, the property and area will be enhanced with desirablecharacteristics, promoting increased continuity for the area. Sufficient off-street parking spacesaugmented with ride sharing and bicycle-promoting programs, will reduce demand for on-streetparking in the area. Neighbors will be looking at attractive structures which will relate well tothe site and vicinity.3. The proposed design will be sensitive to the topography and landscape.The facility will not result in changes to existing topography since the site is flat. Only minorsite excavation is involved for the modification. Only minimal landscape materials are proposedfor removal with this development. New landscaping in open areas will be added.4. If situated on a hill, the design and massing of the proposed building relates to the grade ofthe hill.The site is not on a hillside lot, but rather is located on an existing level site. The design andmassing of the addition will not alter the existing neighborhood character.5. The proposed design conforms in all significant respects with the Oakland General Planand with any applicable design review guidelines or criteria, district plan, or developmentcontrol maps which have been adopted by the Planning Commission or City Council.Residential use preservation is an objective of the general plan for this area.General Plan Land Use and Transpo1tation Element (LUTE) include:Citations in thePolicy N3.1: Facilitating Housing Construction. Facilitating the construction of housing unitsshould be considered a high priority for the city of Oakland.Policy N3.2: Encouraging Infill Development. In order to facilitate the construction of neededhousing units, infill development that is consistent with the General Plan should take placethroughout the City of Oakland.Policy N3.9: Orienting Residential Development.Residential developments should beencouraged to face the street and to orient their units to desirable sunlight and views, while

Oakland City Planning CommissionJulv 20, 2016Case File Number PLN16-114Page 10avoiding unreasonably blocking sunlight and views for neighboring buildings, respecting theprivacy needs of residents of the development and surrounding properties, providing forsufficient conveniently located on-site open space, and avoiding undue noise exposure.The proposed plan fulfills these goals to expand and complete a building in a developedresidential area, while providing ample distance from neighbors to protect their sunlight. Themodification faces the street, retaining sunlight clearance and avoids excessive exposure to noise.Quality residential construction, which is a characteristic of maintained buildings in the WestOakland Victorian area, is enhanced when usable additions are of sufficient size and quality. Theapplicant's proposal will help to achieve this community objective.SECTION 16.24.040: TENTATIVE PARCEL MAP FINDINGSA. No lot shall be created without frontage on a public street, as defined by Section 16.04.030,except:a. Lots created in conjunction with approved private easements;b. A single lot with frontage on a public street by means of a vehicular access corridorprovided that in all cases the corridor shall have a minimum width of twenty (20) feet andshall not exceed three hundred (300) feet in length. Provided further, the corridor shall be aportion of the lot it serves, except that its area (square footage) shall not be included incomputing the minimum lot area requirements of the zoning district.Pursuant to A.(a) above, both lots will have frontage over 20 feet wide on a public street and neitherexceeds 300 feet in length. No new easements will be needed.B.The side lines of lots shall run at right angles or radially to the street upon which the lotfronts, except where impractical by reason of unusual topography.The side lines of both lots will be at right angles to streets, except that the interior line between thedivided lots bends around an existing structure and its required sideyard to maximize the usable lotarea for the new building site. This bend consists solely oflines parallel to streets of this comer lot.C.All applicable requirements of the zoning regulations shall be met.Except as modified by permits and conditions of approval herein, all applicable requirements aremet.D.Lots shall be equal or larger in measure than the prevalent size of existing lots in thesurrounding area except a) where the area is still considered acreage; b) where a deliberatechange in the character of the area has been initiated by the adoption of a specific plan, achange in zone, a development control map or a planned unit development.This finding does not apply to subdivisions of lots containing three buildings. However, thebuilding site pattern is consistent in size and orientation with many of the existing nearby lots in thearea.E.Lots shall be designed in a manner to preserve and enhance natural out-croppings of rock,specimen trees or groups of trees, creeks or other amenities.

Oakland City Planning CommissionJuly 20, 2016Case File Number PLN16-114Page 11While no rock outcroppings or creeks exist on the property, front and rear yard open spaces will becreated around three new houses, pursuant to the conditions of approval.MINOR VARIAN CE1. Strict compliance with the specified regulations would result in practical difficulty orunnecessary hardship inconsistent with the purposes of the Zoning Regulations, due tounique physical or topographic circumstances or conditions of design; or as an alternativein the case of a minor variance, that such strict compliance would preclude an effectivedesign solution improving livability, operational efficiency, or appearance.A Minor Variance is granted either for physical constraints which prevent strict compliance withthe regulation or conditions could preclude an effective design solution vis-a-vis livability,operational efficiency or appearance. One example would be a topographic feature which wouldpush the building envelope to one side or the other on a lot; or an unusually shaped lot.A Minor Variance, which is for slightly less than 4 feet side setback below that required, in theRM-2 zone can be considered in the context of the purpose of the Zoning Code regulation.Setbacks serve to protect privacy, light and air for neighboring propetiies.For rowhouse/townhome settings such as this area, average setbacks tend to be at or below the minimum,as fits a pedestrian-oriented area. The objectives of setbacks are fulfilled by the undulating andvariegated setbacks between buildings and near neighbors, which average over the applicable 4feet minimum.In order to qualify for a Minor Variance, this project shows an effective design solution for aliving area with privacy and environmental enjoyment, which would be lost if the Code setbackswere strictly enforced, since the size and shape of the available 3-house lot, combined with theexisting building present physical limitations to the location for a modification of this size andtype in other optional designs.2. Strict compliance with the regulations would deprive the applicant of privileges enjoyed byowners of similarly zoned property; or as an alternative in the case of a minor variance,that such strict compliance would preclude an effective design solution fulfilling the basicintent of the applicable regulation.The basic intent of the regulation that requires yards is to create privacy for neighbors. Thesebuilding and many neighbors on the adjacent blocks have minimal sideyard setbacks,establishing a pattern . Most of these homes were built under pre-1940 zoning regulations. As aMinor Variance, the effective design solution provided gives more usable space for the three newdwellings without actually diminishing usable space for the corner existing building.3. The variance if granted will not adversely affect the character, livability or appropriatedevelopment of abutting properties or the surrounding area, and will not be detrimental tothe public welfare or contrary to adopted plans or development policy.Adjacent properties are not affected since the corner building continues to retain the position ithas held for decades and building new housing with reduced setbacks nearby will not bedetrimental to public welfare or contrary to adopted plans.

Oakland Citv Planning CommissionJuly 20, 2016Case File Number PLN16-114Page 124. The variance will not constitute a grant of special privilege inconsistent with limitationsimposed on similarly zoned properties or inconsistent with the purposes of the ZoningRegulations.The variance allows a unit addition with reduced sideyard setback along a newly created interiorlot line. As seen from the streets, there will be no detrimental effect, nor will there be adversityfor other row house/townhouse lots nearby. The housing site and setback shown on plans is thelocation most appropriate for such design and in a place and size unlikely to cause adverseeffects on neighboring properties.5. That the elements of the proposal requiring the variance (e.g. elements such as buildings,walls, fences, driveways, garages and carports etc.) conform to the Regular De

Oakland City Planning Commission Case File Number PLN16-114 STAFF REPORT . unit mixed use building; and division of the site into two parcels, one with three condominiums Chris Porto 925 209 4030 Bright Homes LLC PLN 16-114 Major Conditional Use Permit for three or more residences in the RM-2 Zone; Minor Variance for 4 foot side setback where .