Project
The City Council denied neighbors' appeal of the CEQA exemption for the 5253 College Avenue project on June 19. Because the Planning Commission's approval itself was not eligible for council appeal, the neighbors filed a lawsuit.
5253 College Avenue
Formal Zoning Counter application for a new three-story, six-unit building over ground floor commercial space in the C-31 zone. Requires Design Review, a Variance (open space on rooftop), and a CUP (ground floor parking and re-establishment of non-retail ground floor use). Applicant/Owner: Kirk Peterson; Case File CDV 06-604.
A proposed 4-story mixed-use building at 5253 College Ave by architect Kirk Peterson featuring ground-floor retail, upper-floor residential units, and rear professional offices. The project required variances and generated heated community opposition focused on massing, solar access, traffic, and incompatibility with C-31 zoning.
The 5253 College Ave project received conditional-use permit approval from the city, but neighboring residents filed an appeal. The project was now in the appeal review process.
The appeal hearing for the 5253 College Ave project was held on May 2, 2007, putting the project's conditional-use permit approval under formal review.
The Planning Commission denied neighbors' appeal of the Peterson commercial and residential development near College and Broadway, making modifications to fencing and rooftop space. Neighbors believe bulk and scale were not adequately addressed and filed a City Council appeal.
The City Council denied neighbors' appeal of the CEQA exemption for the 5253 College Avenue project on June 19. Because the Planning Commission's approval itself was not eligible for council appeal, the neighbors filed a lawsuit.
“The blind adherence to the allowable limits of zoning standards, coupled with permissive variances, results in an overly massive development that is inappropriate to the existing neighborhood context and adversely impacts the peace, health and safety of neighbors.”2007_02 - Opponents' argument summarized in Two Sides article
“College Avenue is characterized by a mix of uses and building sizes...The proposed project represents a type and size of development that is not uncommon along the Avenue, and is common in similar neighborhoods throughout Oakland.”2007_02 - Applicant Kirk Peterson's statement in Two Sides article
“conditional-use permits granted, neighbors filed appeal”2007_04 - Project status update in RCPC Land Use Committee article by Gloria Bruce
“The project's neighbors believe the bulk and scale of the project have not been adequately addressed and have filed an appeal with the City Council, challenging the project's claimed exemption from environmental review.”2007_06 - Project update article by Ronnie Spitzer, RCPC Chair
“On May 2, the Planning Commission denied the neighbors' appeal of a staff-level approval of the Peterson project, a commercial and residential development near the intersection of College and Broadway.”2007_06 - Project update article by Ronnie Spitzer, RCPC Chair