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Planning Commission denies appeal, upholds zoning finding for Mimosa on Grand
Summary
The commission unanimously denied an appeal and affirmed a zoning manager’s determination that the business at 3320 Grand operates as a full‑service restaurant; the appellant was not present and the decision was described as not appealable.
The Oakland Planning Commission on March 18 denied an appeal challenging a zoning manager’s determination that the business at 3320 Grand operates as a full‑service restaurant subject to performance standards in Planning Code section 17.120.
Planner Jana Whismer summarized the appeal record and staff findings, saying the zoning manager reviewed attachments, videos and site visits and concluded the site operates as a full‑service restaurant rather than a group assembly or alcohol‑sales commercial activity that would require a CUP. “After going through the many attachments and videos that the appellant sent in and site visits, that determination was made,” Whismer said, and staff recommended denial of the appeal.
The appellant did not appear at the hearing. Applicant James Rochelle, owner of the business, said the matter had been pending for four years and asked the commission to resolve it so he could continue operating and employing Oakland residents. The commission moved to affirm staff’s environmental determination and deny the appeal; Vice Chair Natalie Sandoval made the motion and it passed unanimously. Staff recorded that this particular decision is not appealable.
The commission’s action upholds the zoning manager’s characterization of operations at 3320 Grand and closes an appeal filed by a neighbor alleging that the business functions as a bar or nightclub with neighborhood impacts. The applicant will continue to operate under the existing clearance and licensing consistent with the zoning manager’s determination.
