Oakland Planning Commission Meeting – February 4, 2026: SB 79 Exclusions & Appeal Continuance
Oakland Planning Commission Meeting – February 4, 2026
The Oakland Planning Commission convened on February 4, 2026, to consider a continuance of an appeal regarding 3320 Grand Avenue and a citywide proposal for Senate Bill 79 (SB 79) planning code and zoning map amendments. The meeting also included public comments on a proposed senior housing project at 6230 Claremont Avenue. The Commission voted unanimously to continue the appeal to March 4, 2026, and recommended approval of the SB 79 amendments with modifications, including removal of three BART station areas from one exclusion category and a revised expiration tied to adoption of a local alternative plan.
Consent Calendar
- No consent calendar items were presented.
Public Comments & Testimony
- Speaker on Appeal (Item 2): James Christopher Rochelle, the applicant/business owner, expressed opposition to the continuance, stating the matter has been pending since 2022 and he wanted resolution to protect his business and jobs. The Commission granted the continuance to a date certain (March 4, 2026).
- Open Forum – 6230 Claremont Avenue Senior Housing: Eight speakers voiced concerns about the proposed seven-story, 93-foot, 203-unit senior housing facility at 6230 Claremont Avenue. Key points included:
- Safety: Narrow streets (Florio, Auburn) unsuitable for large delivery and service vehicles; emergency vehicle access; pedestrian and cyclist risks.
- Scale and Density: The building is out of scale with the neighborhood (currently proposed at 93 feet, exceeding the four- to five-story Red Cross building height).
- Affordability: No affordable units; projected rents of $10,000–$12,000 per month (requiring annual income over $400,000), well beyond the median income of Oakland seniors ($60,000 for age 65+).
- Seismic Risk: The project sits near the Hayward Fault; a 93-foot building poses life safety risks for seniors with mobility challenges in a major earthquake.
- Environmental Impact: Loss of trees, increased heat island effect, shadow casting on public spaces.
- SB 79 Public Hearing: Three speakers addressed the Commission:
- Raul Maldonado (East Bay YIMBY) urged support for SB 79 implementation without unnecessary exclusions, emphasizing the need for housing near transit.
- Ali Sapirman (Housing Action Coalition) recommended not adopting carve‑outs that delay housing production and urged staying true to SB 79’s intent.
- Naomi Schiff (Oakland Heritage Alliance) supported the staff approach and encouraged innovative reuse of existing buildings.
- Aaron Eckhouse (California YIMBY) opposed Exclusion 1 (50% density/ FAR exclusion) because it would remove key corridors (College Ave, Telegraph) in high-resource areas from SB 79 benefits.
Discussion Items
- Item 2: Appeal of 3320 Grand Avenue – Continuance Request
- The appellant requested a continuance due to a family emergency. The applicant opposed, citing the prolonged legal process (since 2022). The Commission voted to continue the appeal to March 4, 2026, to allow the appellant an opportunity to present their case.
- Item 1: SB 79 Citywide Planning Code and Zoning Map Amendments
- Staff Presentation: Laura Kaminsky, Strategic Planning Manager, explained that SB 79 (effective July 1, 2026) requires higher heights and densities within half‑mile of transit stops (BART and BRT). The city proposed three exclusions allowed by state law: (1) sites where existing zoning allows at least 50% of SB 79 density/FAR; (2) sites in low‑resource areas where aggregate density meets 40% of SB 79 standards; (3) historic resources. The intent is to use exclusions temporarily while developing an alternative plan through the General Plan Update Phase 2 (expected late spring 2027).
- Commission Questions and Deliberation:
- Vice Chair Sandoval and Commissioners expressed concerns about Exclusion 1, particularly for high-resource areas (Rockridge, MacArthur, Ashby BART stations) where SB 79 could increase housing capacity.
- Commissioner Randolph noted West Oakland BART as a missed opportunity for housing but acknowledged it qualifies under Exclusion 2 (low‑resource area).
- The Commission debated the expiration date of exclusions and the timeline for an alternative plan. Staff preferred tying expiration to adoption of an alternative plan rather than a fixed date.
- Vote: The Commission approved a motion (5–0) to recommend the SB 79 amendments to the City Council with the following modifications:
- Remove Maps 1, 2, and 3 (Attachment D) from Exclusion 1 (sites within half‑mile of Ashby, MacArthur, and Rockridge BART stations).
- Revise Section 17.86.010 of the Planning Code to state that exclusions are valid until January 31, 2032, or one year following adoption of the seventh housing element revision, or upon adoption of a local transit‑oriented development alternative plan, whichever occurs first.
- Recommend that the City Council direct the City Administrator to present a local alternative plan within one year of adoption of a comprehensive amendment to the land use and transportation element.
Key Outcomes
- Appeal Continuance (Item 2): The appeal of 3320 Grand Avenue was continued to March 4, 2026, to allow the appellant to present their case.
- SB 79 Amendments: The Planning Commission unanimously recommended approval of the SB 79 zoning amendments with the modifications noted above. The item will go to the City Council’s Community and Economic Development Committee on February 24, 2026, and first reading on March 3, 2026.
- Minutes Approval: The minutes from the January 21, 2026, meeting were approved unanimously.
Meeting Transcript
Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Is it the same thing? I don't know. I know whenever I sent it, it was only one item, one presentation. Thank you. Thank you. uh Thank you. Good afternoon. This will be the February 4th Planning Commission. We are going to give it a few more minutes waiting for our, we do have a quorum, but we have one commissioner who we are still expecting to show up. Meanwhile, if you would like to speak on any item, please grab a speaker card from the front here and fill it out and return it so that we can include you in the public hearings or open form, list the item you intend to speak on.
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