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Agenda Item
6 26-0229 Subject: Planning Code Amendments To Streamline Conditional Use Permit Regulations
From: Planning And Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance, As Recommended By The City Planning Commission: (1) Amending Title 17 Of The Oakland Municipal Code (The Planning Code), To (A) Adjust Regulations For Permitted And Conditionally Permitted Activities And Facilities For Purposes Of Providing Greater Opportunities For Ground Floor Activities And Ease The Permitting Burden For Commercial, Civic, And Low Impact Industrial Activities; And (B) Make Related Miscellaneous And Administrative Changes; And
(2) Making Appropriate California Environmental Quality Act Findings.
I urge you to protect the health and well-being of Oakland residents and our open spaces. Allowing food concessions and vending in Oakland’s parks — especially without thorough and proper review — poses great risks to our community. I’m asking the Committee to remove the sections of the proposed Open Space code changes that would allow this.
Without review, public dialogue, and proof that the City of Oakland is prepared to effectively, efficiently, and sustainably manage expanded vending in our parks, this provision is just a devastating blow to our future. We need to protect our access to the peace and benefits of nature in our often chaotic urban landscape.
Please keep our green and open spaces for recreation — do not allow our precious parks to be privatized for commercial activity. Thank you.
We restored the lake and its environment with the NECKLACE OF LIGHTS.
The “vendors” are destroying what Oakland successfully brought back, a beautiful park for all Oaklanders.
The vendors belong in a mall, not in our park.
Lary Heath
Lake Merritt Breakfast Club
Design Team for Necklace of Lights
I’m urging the Committee to remove the sections of the proposed Open Space code amendments that would allow food service concessions and vending in Oakland’s parks.
While I support the portions that make it easier for Public Works to improve paths, restrooms, and park infrastructure, the commercial vending provisions are a major concern. There has been no environmental review, no operational analysis, and no plan for enforcement. The City already cannot manage existing vending at Lake Merritt, which has resulted in trash, noise, blocked pathways, and environmental harm. Expanding commercial activity across all parks will make these problems worse.
These changes would also shift the fundamental purpose of open space in Oakland—from recreation, nature, and community gathering—to commercial zones. This is inconsistent with the intent of the Open Space zoning rules and with what residents expect from their parks.
Please remove the food service, concessions, and vending components from this proposal and keep our open spaces focused on recreation and environmental stewardship.
I am opposed to any Open Space code amendment that would allow food vending in Oakland’s parks on an uncontrolled and ongoing basis. An occasional street faire could be acceptable, but the City clearly does not have the resources either to safely permit these events or to enforce its own rules or guidelines. At this time I feel it is best to institute a clear blanket ban on food vending in public parks. The City also does not have the resources to clean up after such activities, and unfortunately irresponsible vendors often leave behind heaps of trash and food scraps. As a long-time Lake Merritt resident, I have witnessed this firsthand far too many times. Please allow our parks to be free of commercial activity. I think of the beautiful European parks I have been fortunate to visit in recent months: They are much-needed oases of peace and serenity in the urban environment. If people want to shop, they can go to bricks-and-mortar stores. And although I am sympathetic to the entrepreneurial spirit and income needs of vendors seeking to sell their products in parks, I would urge that the City instead develop a program to assist these producers in establishing their own bricks-and-morter businesses where they can thrive on a more permanent basis. Please demonstrate for our open and green spaces by omitting this amendment from your plan. Protect our natural, green, open public spaces that were created for the enjoyment of nature, not commercialism.
As a long-time volunteer with Friends of Montclair RR Trail and Oakland Wildlands Stewards, I urge you NOT to approve the proposed Planning Code changes (Section 17.11.060 and related chapters) to allow vending, concessions, and other commercial activities in Oakland’s parks and open spaces. The proposed updates to make it easier for the City to improve and maintain parks are very welcome — such as restrooms -- but commercial activities are not. The City cannot enforce the current vending rules, much less an expanded program
The amendments to be heard by the Community and Economic Development Committee on November 18th represent a fundamental shift in the purpose of our parks — turning open space meant for recreation and the environment into commercial zones. Opening our hills' open spaces and wildlands parks to commercial activity makes these areas vulnerable to wildfire and destruction of critical natural habitat and protected species. Please keep Oakland’s open spaces open — and do not adopt the proposed zoning changes.
Please protect our parks and open spaces. Remove the provisions allowing food service concessions and vending from the proposed amendment.
Thank you for advocating for our parks.
Sincerely,
Lin Barron
Volunteer, Friends of Montclair RR Trail
I oppose this Amendment which would make it easier to have vendors in the the parks. I live across the street form Lake Merritt, and either woalk or jog around the Lake 3-4 times per week. There area surrounding the park is already poorly maintained, particularly on weekends, and this amendment would worsen its already poor condition. The City has difficulty maintaining this area now---so how could it police/enusre cleanliness, if there were additional vendors? More fundamentally, the park areas are for walkers, joggers, families and picnickers---they are an escape from commercial areas. Why change their nature by making them commercial. The great urban parks in this county do no have vendors---why should Oakland? I urge you to vote against this proposal.
Dear Council Members Brown, Fife, Ramachandran, and Unger:
I urgently ask you NOT TO APPROVE the proposed Planning Code changes (Section 17.11.060 and related chapters) that would allow vending, concessions, and other commercial activities in Oakland’s parks and open spaces.
These amendments represent a FUNDAMENTAL SHIFT IN THE PURPOSE OF OUR PARKS. We do not want to turn our open spaces meant for recreation and enjoyment of nature into commercial zones. Lord help us! There has been no analysis of the environmental or community impacts, and we all have seen how the City is not able to enforce current vending rules, much less an expanded program. Let's be honest: any enforcement effort would be rare (if at all).
We do support the proposed updates that make it easier for Public Works or City contractors to improve and maintain parks — such as restrooms, paths, and other basic amenities. But opening our parks to commercial activity, including vendors from outside Oakland, will introduce intrusions of trash and litter, noise, concentrations of people gathering around vendor stations --- we go to our parks to GET AWAY from commercial activity. Please don't NEGATIVELY ALTER the natural experience of visiting our precious Oakland parks.
I request that you please remove the provisions allowing food service concessions and vending from the proposal. Thank you for your careful consideration.
Sincerely,
Karen Asbelle
Oakland Resident, District 7
Chair, Friends of Knowland Park
Please remove the sections of the proposed Open Space amendments that will change the permitting process to have food service concessions and vending in parks. There has been no environmental or community impact analysis, and the City has not shown it can enforce existing vending rules, much less a broader program. Expanding commercial activity without a plan for oversight will harm park environments and diminish public access to safe, peaceful recreation.
Oakland’s zoning code is clear about the purpose of Open Space:
“The OS Zone is intended to create, preserve, and enhance land for permanent open space to meet the active and passive recreational needs of Oakland residents, and to promote park uses compatible with surrounding land uses and the natural environment.”
These amendments contradict that purpose. They would remove Planning Department review and public hearings for commercial uses in open space and shift oversight to OPYRD and the volunteer PRAC — both already overstretched with Measure Q responsibilities and basic park operations. This change would also increase enforcement demands on EWD and OPD, which are already operating at capacity.
The City should help vendors through an organized permitting process and support market spaces in suitable commercial corridors that bring maximum benefit to new and small vendors as well as existing business. This planning change will not do that.
Please remove the sections of the proposed Open Space amendments that will change the permitting process to have food service concessions and vending in parks. There has been no environmental or community impact analysis, and the City has not shown it can enforce existing vending rules, much less a broader program. Expanding commercial activity without a plan for oversight will harm park environments and diminish public access to safe, peaceful recreation.
Oakland’s zoning code is clear about the purpose of Open Space:
“The OS Zone is intended to create, preserve, and enhance land for permanent open space to meet the active and passive recreational needs of Oakland residents, and to promote park uses compatible with surrounding land uses and the natural environment.”
These amendments contradict that purpose. They would remove Planning Department review and public hearings for commercial uses in open space and shift oversight to OPYRD and the volunteer PRAC — both already overstretched with Measure Q responsibilities and basic park operations. This change would also increase enforcement demands on EWD and OPD, which are already operating at capacity.
The likely result is degraded park conditions, inconsistent enforcement, and diminished community benefit.
Please keep Oakland’s open spaces open, and remove the food service, concessions, and vending provisions from this proposal until a full environmental review and robust community process are completed. Thank you.
Please remove the food service and concessions provisions from the proposed Open Space code amendments. While I support improvements to park paths, restrooms, and basic infrastructure, allowing commercial activity in parks—especially without an enforcement plan or environmental review—will harm our open spaces. The City already struggles to manage illegal vending, and expanding it across parks will worsen trash, noise, and safety issues. Keep parks focused on recreation and nature, not commercial uses.
I’m asking the Committee to remove the sections of the proposed Open Space amendments that would allow commercial activity, including food and concession vending, in our parks.
These changes would fundamentally alter the purpose of Open Space in Oakland. Our zoning code is clear: Open Space exists to preserve permanent open land for active and passive recreation and to protect the natural environment. Allowing commercial uses directly contradicts that intent and moves us toward the privatization of public space.
This shift is also not operationally practical. The Parks, Recreation, and Youth Development Department and the volunteer PRAC are already under-resourced and struggling to meet current responsibilities, including oversight of Measure Q. Expanding commercial activity would increase enforcement demands on OPD and EWD—both of which already lack the staffing to manage even existing vending issues. EWD said in July 2025, they will no longer enforce health and safety concerns in parks around vending.
At Lake Merritt, the City has been unable to enforce current vending rules, resulting in significant trash, noise, blocked paths, and damage to sensitive habitats. Extending this model across all Oakland parks would harm park environments and reduce safe, peaceful access for the public.
Please protect Oakland’s open spaces and remove the food service, concessions, and vending provisions from this proposal. Our parks need stewardship, not commercialization.
I support this because I WANT to keep the vendors near the Lake Merritt pergola. These are a natural extension of the very popular farmers market and they give the community a sense of walkability and safety because of their presence even into the evening.
We need to encourage more vendors to start these small entry level businesses and hopefully be successful and move to a retail location which are vacant.
I oppose commercial ventures in our parks especially Lake Merritt except for special permitted occasional events. Lake Merritt is an historic bird sanctuary and commercial booths, selling food or merchandise, does not belong here. The actual grassy areas are not large and have been damaged over the past few years by unpermitted booths - after taxpayers supported renovations and restorations around the lake in 2009. Our natural areas in Oakland are fragile and should not be exploited for business.
I urge you to protect the health and well-being of Oakland residents and our open spaces. Allowing food concessions and vending in Oakland’s parks — especially without thorough and proper review — poses great risks to our community. I’m asking the Committee to remove the sections of the proposed Open Space code changes that would allow this.
Without review, public dialogue, and proof that the City of Oakland is prepared to effectively, efficiently, and sustainably manage expanded vending in our parks, this provision is just a devastating blow to our future. We need to protect our access to the peace and benefits of nature in our often chaotic urban landscape.
Please keep our green and open spaces for recreation — do not allow our precious parks to be privatized for commercial activity. Thank you.
We restored the lake and its environment with the NECKLACE OF LIGHTS.
The “vendors” are destroying what Oakland successfully brought back, a beautiful park for all Oaklanders.
The vendors belong in a mall, not in our park.
Lary Heath
Lake Merritt Breakfast Club
Design Team for Necklace of Lights
I’m urging the Committee to remove the sections of the proposed Open Space code amendments that would allow food service concessions and vending in Oakland’s parks.
While I support the portions that make it easier for Public Works to improve paths, restrooms, and park infrastructure, the commercial vending provisions are a major concern. There has been no environmental review, no operational analysis, and no plan for enforcement. The City already cannot manage existing vending at Lake Merritt, which has resulted in trash, noise, blocked pathways, and environmental harm. Expanding commercial activity across all parks will make these problems worse.
These changes would also shift the fundamental purpose of open space in Oakland—from recreation, nature, and community gathering—to commercial zones. This is inconsistent with the intent of the Open Space zoning rules and with what residents expect from their parks.
Please remove the food service, concessions, and vending components from this proposal and keep our open spaces focused on recreation and environmental stewardship.
Thank you for considering this important issue.
I am opposed to any Open Space code amendment that would allow food vending in Oakland’s parks on an uncontrolled and ongoing basis. An occasional street faire could be acceptable, but the City clearly does not have the resources either to safely permit these events or to enforce its own rules or guidelines. At this time I feel it is best to institute a clear blanket ban on food vending in public parks. The City also does not have the resources to clean up after such activities, and unfortunately irresponsible vendors often leave behind heaps of trash and food scraps. As a long-time Lake Merritt resident, I have witnessed this firsthand far too many times. Please allow our parks to be free of commercial activity. I think of the beautiful European parks I have been fortunate to visit in recent months: They are much-needed oases of peace and serenity in the urban environment. If people want to shop, they can go to bricks-and-mortar stores. And although I am sympathetic to the entrepreneurial spirit and income needs of vendors seeking to sell their products in parks, I would urge that the City instead develop a program to assist these producers in establishing their own bricks-and-morter businesses where they can thrive on a more permanent basis. Please demonstrate for our open and green spaces by omitting this amendment from your plan. Protect our natural, green, open public spaces that were created for the enjoyment of nature, not commercialism.
As a long-time volunteer with Friends of Montclair RR Trail and Oakland Wildlands Stewards, I urge you NOT to approve the proposed Planning Code changes (Section 17.11.060 and related chapters) to allow vending, concessions, and other commercial activities in Oakland’s parks and open spaces. The proposed updates to make it easier for the City to improve and maintain parks are very welcome — such as restrooms -- but commercial activities are not. The City cannot enforce the current vending rules, much less an expanded program
The amendments to be heard by the Community and Economic Development Committee on November 18th represent a fundamental shift in the purpose of our parks — turning open space meant for recreation and the environment into commercial zones. Opening our hills' open spaces and wildlands parks to commercial activity makes these areas vulnerable to wildfire and destruction of critical natural habitat and protected species. Please keep Oakland’s open spaces open — and do not adopt the proposed zoning changes.
Please protect our parks and open spaces. Remove the provisions allowing food service concessions and vending from the proposed amendment.
Thank you for advocating for our parks.
Sincerely,
Lin Barron
Volunteer, Friends of Montclair RR Trail
I oppose this Amendment which would make it easier to have vendors in the the parks. I live across the street form Lake Merritt, and either woalk or jog around the Lake 3-4 times per week. There area surrounding the park is already poorly maintained, particularly on weekends, and this amendment would worsen its already poor condition. The City has difficulty maintaining this area now---so how could it police/enusre cleanliness, if there were additional vendors? More fundamentally, the park areas are for walkers, joggers, families and picnickers---they are an escape from commercial areas. Why change their nature by making them commercial. The great urban parks in this county do no have vendors---why should Oakland? I urge you to vote against this proposal.
MIchael Loeb
565 Bellevue Avenue
Dear Council Members Brown, Fife, Ramachandran, and Unger:
I urgently ask you NOT TO APPROVE the proposed Planning Code changes (Section 17.11.060 and related chapters) that would allow vending, concessions, and other commercial activities in Oakland’s parks and open spaces.
These amendments represent a FUNDAMENTAL SHIFT IN THE PURPOSE OF OUR PARKS. We do not want to turn our open spaces meant for recreation and enjoyment of nature into commercial zones. Lord help us! There has been no analysis of the environmental or community impacts, and we all have seen how the City is not able to enforce current vending rules, much less an expanded program. Let's be honest: any enforcement effort would be rare (if at all).
We do support the proposed updates that make it easier for Public Works or City contractors to improve and maintain parks — such as restrooms, paths, and other basic amenities. But opening our parks to commercial activity, including vendors from outside Oakland, will introduce intrusions of trash and litter, noise, concentrations of people gathering around vendor stations --- we go to our parks to GET AWAY from commercial activity. Please don't NEGATIVELY ALTER the natural experience of visiting our precious Oakland parks.
I request that you please remove the provisions allowing food service concessions and vending from the proposal. Thank you for your careful consideration.
Sincerely,
Karen Asbelle
Oakland Resident, District 7
Chair, Friends of Knowland Park
Please remove the sections of the proposed Open Space amendments that will change the permitting process to have food service concessions and vending in parks. There has been no environmental or community impact analysis, and the City has not shown it can enforce existing vending rules, much less a broader program. Expanding commercial activity without a plan for oversight will harm park environments and diminish public access to safe, peaceful recreation.
Oakland’s zoning code is clear about the purpose of Open Space:
“The OS Zone is intended to create, preserve, and enhance land for permanent open space to meet the active and passive recreational needs of Oakland residents, and to promote park uses compatible with surrounding land uses and the natural environment.”
These amendments contradict that purpose. They would remove Planning Department review and public hearings for commercial uses in open space and shift oversight to OPYRD and the volunteer PRAC — both already overstretched with Measure Q responsibilities and basic park operations. This change would also increase enforcement demands on EWD and OPD, which are already operating at capacity.
The City should help vendors through an organized permitting process and support market spaces in suitable commercial corridors that bring maximum benefit to new and small vendors as well as existing business. This planning change will not do that.
Please remove the sections of the proposed Open Space amendments that will change the permitting process to have food service concessions and vending in parks. There has been no environmental or community impact analysis, and the City has not shown it can enforce existing vending rules, much less a broader program. Expanding commercial activity without a plan for oversight will harm park environments and diminish public access to safe, peaceful recreation.
Oakland’s zoning code is clear about the purpose of Open Space:
“The OS Zone is intended to create, preserve, and enhance land for permanent open space to meet the active and passive recreational needs of Oakland residents, and to promote park uses compatible with surrounding land uses and the natural environment.”
These amendments contradict that purpose. They would remove Planning Department review and public hearings for commercial uses in open space and shift oversight to OPYRD and the volunteer PRAC — both already overstretched with Measure Q responsibilities and basic park operations. This change would also increase enforcement demands on EWD and OPD, which are already operating at capacity.
The likely result is degraded park conditions, inconsistent enforcement, and diminished community benefit.
Please keep Oakland’s open spaces open, and remove the food service, concessions, and vending provisions from this proposal until a full environmental review and robust community process are completed. Thank you.
Please remove the food service and concessions provisions from the proposed Open Space code amendments. While I support improvements to park paths, restrooms, and basic infrastructure, allowing commercial activity in parks—especially without an enforcement plan or environmental review—will harm our open spaces. The City already struggles to manage illegal vending, and expanding it across parks will worsen trash, noise, and safety issues. Keep parks focused on recreation and nature, not commercial uses.
I’m asking the Committee to remove the sections of the proposed Open Space amendments that would allow commercial activity, including food and concession vending, in our parks.
These changes would fundamentally alter the purpose of Open Space in Oakland. Our zoning code is clear: Open Space exists to preserve permanent open land for active and passive recreation and to protect the natural environment. Allowing commercial uses directly contradicts that intent and moves us toward the privatization of public space.
This shift is also not operationally practical. The Parks, Recreation, and Youth Development Department and the volunteer PRAC are already under-resourced and struggling to meet current responsibilities, including oversight of Measure Q. Expanding commercial activity would increase enforcement demands on OPD and EWD—both of which already lack the staffing to manage even existing vending issues. EWD said in July 2025, they will no longer enforce health and safety concerns in parks around vending.
At Lake Merritt, the City has been unable to enforce current vending rules, resulting in significant trash, noise, blocked paths, and damage to sensitive habitats. Extending this model across all Oakland parks would harm park environments and reduce safe, peaceful access for the public.
Please protect Oakland’s open spaces and remove the food service, concessions, and vending provisions from this proposal. Our parks need stewardship, not commercialization.
I support this because I WANT to keep the vendors near the Lake Merritt pergola. These are a natural extension of the very popular farmers market and they give the community a sense of walkability and safety because of their presence even into the evening.
We need to encourage more vendors to start these small entry level businesses and hopefully be successful and move to a retail location which are vacant.
I oppose commercial ventures in our parks especially Lake Merritt except for special permitted occasional events. Lake Merritt is an historic bird sanctuary and commercial booths, selling food or merchandise, does not belong here. The actual grassy areas are not large and have been damaged over the past few years by unpermitted booths - after taxpayers supported renovations and restorations around the lake in 2009. Our natural areas in Oakland are fragile and should not be exploited for business.