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Chapter 17.01 — GENERAL PROVISIONS OF PLANNING CODE AND GENERAL PLAN CONFORMITY

§ 17.03

Oakland Zoning Code · 2026-06 edition · updated 2026-07-25 · Oakland

17.03.020 - Preservation powers and duties of City Planning Commission.

The City Planning Commission shall have and exercise the following powers. It shall be advised and assisted in the exercise of these powers by the Landmarks Preservation Advisory Board.

A.

Regulatory Protection. As specified in the Zoning Regulations, the Commission may recommend structures, other physical features, sites, and areas to be given regulatory protection, and in certain cases shall review development proposals where such protection has been established by the City Council.

B.

Contracts with Property Owners. The Commission may negotiate with owners of properties having special characteristics for, and may recommend to the City Council the approval of, contracts to restrict the use of such property and to retain such characteristics.

C.

Recognition of Merit. The Commission may establish and maintain a list of structures, other physical features, sites, and areas considered deserving of official recognition although not given regulatory protection. The list may also include facilities, sites, or areas which are given regulatory protection. The purposes of the list shall be to recognize the merit of and encourage the protection, enhancement, perpetuation, and use of such structures, other physical features, sites, and areas. For these purposes, the Commission may authorize such steps as it deems desirable, including but not limited to the issuance of certificates of recognition and the authorization of plaques. The Commission, through the Director of City Planning, shall coordinate these efforts with any similar efforts of appropriate governmental agencies and private groups interested in preservation.

D.

Inventory and Evaluation. The Commission may carry out or assist or encourage studies and programs designed to identify and evaluate structures, other physical features, sites, and areas which are worthy of preservation. It may inspect and investigate structures, other physical features, sites, and other areas which it has reason to believe may be worthy of preservation.

E.

Consultation. The Commission may consult with, advise, and consider the ideas and recommendations of civic groups, public agencies, and citizens interested in preservation.

F.

Information and Advice. The Commission may disseminate information to the public concerning worthy structures, other physical features, sites, and areas. It may encourage and advise property owners in the protection, enhancement, perpetuation, and use thereof.

G.

Other Powers. The Commission may consider methods other than those described above for encouraging and achieving preservation of worthy structures, other physical features, sites, and areas. It may explore means of financing the restoration or maintenance thereof. It may make appropriate recommendations on the general subject of preservation to the City Council, other public and private agencies and bodies, and the general public.

H.

Relationship to Powers of Director of City Planning and Others. This Section is not intended to restrict the powers and duties otherwise pertaining to the Director of City Planning, or to other city officers or bodies,

in the field of preservation. They shall have the powers and duties assigned to them by the Zoning Regulations, by other codes and ordinances, by the City Charter, or by valid administrative authority.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(d), 1998; prior planning code § 3)

17.03.030 - Additional powers and duties of the City Planning Commission.

In addition to the powers and duties of the City Planning Commission as specified at Sections 17.03.010 and 17.03.020, the City Planning Commission shall have and exercise the following powers and duties:

A.

Guidelines. The Commission may adopt, or may authorize the director of City Planning to adopt, reasonable guidelines for the administration, interpretation, or requirements or this code or portions of this code.

B.

Status Reports. The Commission shall submit regular status reports to the City Council committee designated as liaison to the Commission. The regular status reports must be submitted at least once a year, or more frequently if directed by the chairperson of the City Council committee to which the Commission reports.

C.

Detailed Descriptions. Status reports submitted in fulfillment of Subsection B. of this Section must include a detailed description of operating and staffing needs, to be developed and maintained by the department responsible for staffing and administration of the Commission.

D.

City Council Goals. Each year, the Commission shall review the annual goals and objectives of the City Council. Review of City Council goals and objectives shall be undertaken to provide the Commission the opportunity to better integrate the activities of the Commission with the city's overall goals and objectives.

E.

City Council Approval of Standing Committees. City Council approval must be obtained prior to the creation of any standing committee of the Commission. A proposal to create a standing committee of the Commission must include information regarding the costs associated with staffing the standing committee, and the costs of complying with noticing and reporting require resulting from the establishment of any such standing committee of the Commission.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. 12054 § 1(d), 1998; Ord. 11776 § 4, 1995: prior planning code § 4)

17.03.040 - Residential Appeals Committee of the City Planning Commission.

There is created a Residential Appeals Committee of the City Planning Commission consisting of three (3) members of the Commission. The Committee shall decide all appeals of decisions by the Director of City

Planning as set forth in the Zoning Regulations. The method for appointing Committee members and the length of Committee members' terms shall be as set forth in the Commission's Rules of Procedure.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12376 § 3 (part), 2001)

Chapter 17.05 - LANDMARKS PRESERVATION ADVISORY BOARD

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