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Planning staff asks council to consider Title 17 amendments expanding ground‑floor uses and clarifying affordable‑housing rules

Oakland Planning Commission · March 19, 2025
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Summary

The commission recommended City Council hold hearings and consider amendments to Title 17 to broaden permitted pedestrian‑oriented ground‑floor uses in Broadway Valdez, clarify S13 affordability thresholds, revise S14 minimum densities and permit artisan production in Lake Merritt DLM zones; commissioners asked for vacancy and moderate‑unit data.

The Oakland Planning Commission on March 19 voted to recommend that City Council conduct a public hearing on a multi-chapter amendment to Title 17 of the Oakland Municipal Code designed to broaden allowable ground-floor uses in the Broadway Valdez commercial district, clarify affordable-housing thresholds, revise minimum density rules for S14 housing sites, and allow artisan production and a Central District entertainment venue permit in Lake Merritt DLM zones.

Why it matters: Staff pitched the package as a response to changing retail markets and long‑term housing goals. The amendments aim to expand permitted pedestrian‑oriented activities—adding uses such as arcades, salons, art studios, co‑working spaces and certain light commercial services—tighten ground‑floor design limitations on primary shopping streets, and adjust affordable-housing and density rules to improve feasibility and expedite housing production.

Key provisions presented: Planner Timothy Green said the package would: replace references to a clerical limitation in exhibit tables (L24 → L17); expand permitted activities in chapter 17.101c for Broadway Valdez (DBV) to include many neighborhood‑serving uses while prohibiting gas stations in the district; clarify that S13 criteria for by‑right residential approval are mutually exclusive (an 'or' test) and preserve an expedited pathway for small parcels under 15,000 sq ft that meet mixed thresholds; revise S14 minimum residential density from 75% to 70% of realistic capacity with specific exceptions for 100% affordable projects; add an S14 definition of 'development project'; and enable artisan production in DLM zones.

Questions commissioners raised: Several commissioners sought more market data before the item proceeds to Council. Commissioner Zersi Arons and others pressed staff for vacancy and rent‑level data for 'moderate' units, drawing attention to local concerns that moderate‑income rents can be near market and sometimes hard to lease. Staff and legal advisor Michael Branson said affordability categories reference the California Health & Safety Code and that the annual progress report and the upcoming impact‑fee report should provide data on units by affordability level; staff noted RHNA obligations require provisions for moderate‑income housing.

Outcome and next steps: The commission accepted a staff-requested clerical correction into the record and, after discussion, moved to recommend the City Council hold a public hearing and consider adopting the Title 17 amendments with the recommended exhibit correction. Staff said the package will be heard at CED on April 8 and then advance toward Council for a public hearing.