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Agenda Item
6.1 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
Please do not adopt the proposed changes that would roll back protections for Region-Serving Parks by changing food service and concessions from MCUP to “Permitted.” Lake Merritt and other RSPs are among Oakland’s most important public assets, and removing Planning review and public hearings would significantly weaken oversight.
The MCUP process is the only safeguard that ensures environmental considerations, neighborhood impacts, and wildlife habitat are reviewed before commercial activities are introduced. The draft amendments also leave Resource Conservation Areas unprotected by omitting their designation. These RCAs must be listed as Prohibited to prevent commercial uses from entering our most sensitive natural areas.
Oppose as presently written, neutral if amended as follows: These amendments are generally appropriate to streamline code and permit restrictions that inhibit small business activity, BUT should not apply to certain Parks whose physical, geographical, and use characteristics are incompatible with the presence of food service and concessions. In particular, those activities are detrimental to Lake Merritt Park surrounding Lake Merritt, an environmentally sensitive area used and enjoyed by residents from all over Oakland, of all racial, economic, and cultural characteristics. The Lake is threatened by degradation of water quality, trash accumulation along its shoreline and in its waters, and socially obnoxious uses that interfere severely with appropriate public use and enjoyment. Food vending (often accompanied by illegal and scarcely hidden) drug and alcohol vending has strongly negative effects: accumulation of large amounts of trash in the Lake and surrounding parkland; encouragement of rowdy and disruptive behavior; buildup of toxic substances in water and on land. Keep Lake Merritt and its Park clean and appropriate for use by law-abiding citizens: EXEMPT THIS AREA FROM THE APPLICATION OF THE PROPOSED AMENDMENT TO TITLE 17 OF THE MUNICIPAL CODE.
Similar considerations also support the non-application of any similar amendments to Resource Conservation Areas including Joaquin Miller Park.
RETAIN MCUP REQUIREMENTS FOR LAKE MERRITT, ITS PARK, AND JOAQUIN MILLER PARK.
Lake Merritt is a California designated wildlife refuge and therefore merits special, careful treatment. Thus, the current Minor Conditional Use Permit (minor CUP) requirement should be maintained for Food Service Concessions. Additional commercial use will likely have negative impact on Lake Merritt and the wildlife there. Further, commercial use is incompatible with the Lake's primary role as a place for quiet use, for joggers, families who picnic, and others who want an oasis, away from urban commerical life. Finally, keeping the Lake and its area clean is difficult enough without adding more commercial activity.
Partial opposition to Table 17.11.060 Food Service and Other Concessions requirement: Please keep the current Minor Conditional Use Permit (MCUP) requirement for food service and concessions in Region-Serving Parks (RSPs) and explicitly mark these uses as Prohibited in Resource Conservation Areas (RCAs). State park conservation policy shows why careful review is essential: CDFW wildlife areas and ecological reserves allow only activities compatible with habitat and wildlife protection, and any organized activity must meet a conservation-compatibility test. Other California cities with wildlife-sensitive parks rely on Minor and Major CUP review for the same reason; Oakland should continue to do the same.
The MCUP ensures transparency, environmental review, and enforceable conditions before any commercial food operation is authorized. RCAs—our most sensitive lands—should not host concessions at all. Just this week, dissolved oxygen levels at Lake Merritt remained extremely low. We should not add new commercial stressors without high-level review.
RSPs like Joaquin Miller and Lake Merritt have significant historical, cultural, and ecological value. Any proposal to introduce commercial or high-impact activity requires rigorous environmental and public permitting to prevent vendor encroachment, permanent concessions, and harm to habitats.
I urge the Council to keep Minor Conditional Use Permits (MCUP) in place for food service and concessions in Region-Serving Parks. Cuurently these include Lake Merritt, Dimond Park and Sausal Creek, Joaquin Miller Park, Leona Heights Park and Knowland Park (except for the acreage used by the Oakland Zoo). These areas provide critical habitat, shoreline, and water-adjacent ecosystems that require careful review before commercial uses are added.
The proposal to make these uses “Permitted” would eliminate public hearings, environmental analysis, and notice to adjacent communities. This removes transparency and reduces the City’s ability to evaluate impacts on wildlife, habitat, and shoreline health.
I note that the zoning table leaves Resource Conservation Areas (RCA) blank for food service/concessions. These areas listed above were designated specifically for conservation. They should be identified in the table as Prohibited to avoid weakening protections.
Adding commercial use such as food services and other concessions to these Resource Conservation Areas would inevitably lead to degradation of the wild habitat they currently provide. Please maintain MCUP for RSPs and affirm Prohibited status for RCAs.
Please maintain the Minor Conditional Use Permit (MCUP) requirement for food service and concessions in Region-Serving Parks and explicitly mark these uses as Prohibited in Resource Conservation Areas (RCA).
State conservation regulations show why careful review is needed. CDFW wildlife areas and ecological reserves allow only uses that are compatible with conserving habitat and wildlife. Under state regulations, public use is tightly controlled, feeding wildlife is prohibited, and any organized activity must meet a conservation-compatibility test. Food concessions introduce waste, human food sources, and wildlife conflicts, making them unsuitable in sensitive environments.
Removing MCUP in Oakland eliminates Planning review and public notice before allowing these uses. This is too significant a change for parks that function as critical ecological areas.
Please keep MCUP in Region-Serving Parks and protect RCAs.
Commercial vending activities do not belong in a park, especially a foundational park such as Lakeside park, which was set aside as the nation's first wildlife refuge and a place for solace, quiet and relaxation, not vending by ill controlled, unlicensed individuals who probably don't even pay taxes on what they sell. At such "vendors" (anyone with a card table and sign), I have seen alcohol sold illegally, and heard of a drug market. A neighbor told me they were shown a gun instead of a permit when asked to display the permit. There is inadequate parking for the multitude of vendors who flock to Lakeside Park on weekends. The city is stuck with cleaning up their land based trash and the Lake Merritt Institute with cleaning up trash in the water. Public works has to repair damage to the grass. I cannot possibly believe that the city will be able to enforce an permit requirements, which I believe will be ignored, if the vendors even bother to get one. This is a sham. Who will enforce it? The police? Really? Given their inability to stop car break ins, and a multitude of more serious crimes, I doubt I will ever see a police officer in Oakland enforcing a park permit. Commercial activities are crucial to Oakland, but not in dedicated park land. Dr. Richard L. Bailey, Founder, The Lake Merritt Institute.
Please do not adopt the proposed changes that would roll back protections for Region-Serving Parks by changing food service and concessions from MCUP to “Permitted.” Lake Merritt and other RSPs are among Oakland’s most important public assets, and removing Planning review and public hearings would significantly weaken oversight.
The MCUP process is the only safeguard that ensures environmental considerations, neighborhood impacts, and wildlife habitat are reviewed before commercial activities are introduced. The draft amendments also leave Resource Conservation Areas unprotected by omitting their designation. These RCAs must be listed as Prohibited to prevent commercial uses from entering our most sensitive natural areas.
Please maintain MCUP in RSPs and protect RCAs.
Oppose as presently written, neutral if amended as follows: These amendments are generally appropriate to streamline code and permit restrictions that inhibit small business activity, BUT should not apply to certain Parks whose physical, geographical, and use characteristics are incompatible with the presence of food service and concessions. In particular, those activities are detrimental to Lake Merritt Park surrounding Lake Merritt, an environmentally sensitive area used and enjoyed by residents from all over Oakland, of all racial, economic, and cultural characteristics. The Lake is threatened by degradation of water quality, trash accumulation along its shoreline and in its waters, and socially obnoxious uses that interfere severely with appropriate public use and enjoyment. Food vending (often accompanied by illegal and scarcely hidden) drug and alcohol vending has strongly negative effects: accumulation of large amounts of trash in the Lake and surrounding parkland; encouragement of rowdy and disruptive behavior; buildup of toxic substances in water and on land. Keep Lake Merritt and its Park clean and appropriate for use by law-abiding citizens: EXEMPT THIS AREA FROM THE APPLICATION OF THE PROPOSED AMENDMENT TO TITLE 17 OF THE MUNICIPAL CODE.
Similar considerations also support the non-application of any similar amendments to Resource Conservation Areas including Joaquin Miller Park.
RETAIN MCUP REQUIREMENTS FOR LAKE MERRITT, ITS PARK, AND JOAQUIN MILLER PARK.
Lake Merritt is a California designated wildlife refuge and therefore merits special, careful treatment. Thus, the current Minor Conditional Use Permit (minor CUP) requirement should be maintained for Food Service Concessions. Additional commercial use will likely have negative impact on Lake Merritt and the wildlife there. Further, commercial use is incompatible with the Lake's primary role as a place for quiet use, for joggers, families who picnic, and others who want an oasis, away from urban commerical life. Finally, keeping the Lake and its area clean is difficult enough without adding more commercial activity.
Partial opposition to Table 17.11.060 Food Service and Other Concessions requirement: Please keep the current Minor Conditional Use Permit (MCUP) requirement for food service and concessions in Region-Serving Parks (RSPs) and explicitly mark these uses as Prohibited in Resource Conservation Areas (RCAs). State park conservation policy shows why careful review is essential: CDFW wildlife areas and ecological reserves allow only activities compatible with habitat and wildlife protection, and any organized activity must meet a conservation-compatibility test. Other California cities with wildlife-sensitive parks rely on Minor and Major CUP review for the same reason; Oakland should continue to do the same.
The MCUP ensures transparency, environmental review, and enforceable conditions before any commercial food operation is authorized. RCAs—our most sensitive lands—should not host concessions at all. Just this week, dissolved oxygen levels at Lake Merritt remained extremely low. We should not add new commercial stressors without high-level review.
RSPs like Joaquin Miller and Lake Merritt have significant historical, cultural, and ecological value. Any proposal to introduce commercial or high-impact activity requires rigorous environmental and public permitting to prevent vendor encroachment, permanent concessions, and harm to habitats.
I urge the Council to keep Minor Conditional Use Permits (MCUP) in place for food service and concessions in Region-Serving Parks. Cuurently these include Lake Merritt, Dimond Park and Sausal Creek, Joaquin Miller Park, Leona Heights Park and Knowland Park (except for the acreage used by the Oakland Zoo). These areas provide critical habitat, shoreline, and water-adjacent ecosystems that require careful review before commercial uses are added.
The proposal to make these uses “Permitted” would eliminate public hearings, environmental analysis, and notice to adjacent communities. This removes transparency and reduces the City’s ability to evaluate impacts on wildlife, habitat, and shoreline health.
I note that the zoning table leaves Resource Conservation Areas (RCA) blank for food service/concessions. These areas listed above were designated specifically for conservation. They should be identified in the table as Prohibited to avoid weakening protections.
Adding commercial use such as food services and other concessions to these Resource Conservation Areas would inevitably lead to degradation of the wild habitat they currently provide. Please maintain MCUP for RSPs and affirm Prohibited status for RCAs.
Please maintain the Minor Conditional Use Permit (MCUP) requirement for food service and concessions in Region-Serving Parks and explicitly mark these uses as Prohibited in Resource Conservation Areas (RCA).
State conservation regulations show why careful review is needed. CDFW wildlife areas and ecological reserves allow only uses that are compatible with conserving habitat and wildlife. Under state regulations, public use is tightly controlled, feeding wildlife is prohibited, and any organized activity must meet a conservation-compatibility test. Food concessions introduce waste, human food sources, and wildlife conflicts, making them unsuitable in sensitive environments.
Removing MCUP in Oakland eliminates Planning review and public notice before allowing these uses. This is too significant a change for parks that function as critical ecological areas.
Please keep MCUP in Region-Serving Parks and protect RCAs.
Commercial vending activities do not belong in a park, especially a foundational park such as Lakeside park, which was set aside as the nation's first wildlife refuge and a place for solace, quiet and relaxation, not vending by ill controlled, unlicensed individuals who probably don't even pay taxes on what they sell. At such "vendors" (anyone with a card table and sign), I have seen alcohol sold illegally, and heard of a drug market. A neighbor told me they were shown a gun instead of a permit when asked to display the permit. There is inadequate parking for the multitude of vendors who flock to Lakeside Park on weekends. The city is stuck with cleaning up their land based trash and the Lake Merritt Institute with cleaning up trash in the water. Public works has to repair damage to the grass. I cannot possibly believe that the city will be able to enforce an permit requirements, which I believe will be ignored, if the vendors even bother to get one. This is a sham. Who will enforce it? The police? Really? Given their inability to stop car break ins, and a multitude of more serious crimes, I doubt I will ever see a police officer in Oakland enforcing a park permit. Commercial activities are crucial to Oakland, but not in dedicated park land. Dr. Richard L. Bailey, Founder, The Lake Merritt Institute.