We'd All Love to See the Plans

by Dennis Evanosky

Too often Oaklanders witness unwanted structures sprouting up on the landscape around them. Once work gets underway, some vaguely remember seeing notices on nearby telephone poles. Others think they might have gotten something in the mail. They chose to do nothing, however, and allowed the unwanted project to go forward.

You can take steps to stop such projects. You will find that the City of Oakland's Planning and Building Department staff will work with you before the developers turn a spade of earth.

"The city requires developers to complete an application and submit four complete sets of plans to obtain building permits for most projects," said Eric Angstadt, a planner for the City of Oakland. The Planning Department subjects the plans to design review. The department also determines if it will require variances or conditional-use permits.

"Before we approve a project," said Angstrom, "we post notices on the three telephone poles nearest the project, and we notify all property owners who live within 300 feet of a proposed project by mail."

The posting and mailing normally done on a Friday, Angstadt says begins a two-week period when neighbors are welcome to comment on the project. Once you see a posting or get that notice in the mail and think this may be an unwanted project, get out that digital camera. You'll need two photos, one of the proposed building site and another of the notice on the telephone pole. These will give you undisputed proof of exactly what that notice said without illegally taking it off the telephone pole. You'll also have a record of what the property looked like before construction began.

If you wish to challenge a project, you must take the posting and mailing seriously. Time is of the essence. Call the case planner (whose name and number are on the notice), and make an appointment.

Contractors who build within the city limits must have a current City of Oakland business license and a current state of California contractor's license. If employees are involved, the city also requires the contractor to file a Certificate of Workers' Compensation Insurance. Proof of all these and anything else on the checklist must be in the file.

If you find something not in order, you have every right to protest the plans or point out any discrepancies. The project cannot move forward until everything is in order. If you do protest, work with the case planner to make sure you're doing it properly.

The city should work with the neighbors and the developer to make a project an asset for a neighborhood. The project should harmonize with the neighborhood's scale and not have any adverse affect on traffic and the capacity of surrounding streets.

Neighbors have a right to appeal decisions that city staff makes regarding permits. In most cases, the case planner reviews the appeal with a supervisor and manager. They may deny the appeal, approve the appeal, or approve the appeal with conditions. For a fee of $700, neighbors or developers have the right to appeal to the Planning Commission. Further appeals must be pursued through the courts.

If you suspect that construction has started without the required permits and paperwork, make two phone calls. Call the inspector and insist on a stop work order, and call the complaint line at 238-3381 and vigorously protest.

We must pay careful attention to what developers have in mind for our neighborhoods. This is especially important today, with talk of more development here. This includes not onlyneighborhood infill projects, but future development along MacArthur Boulevard at the gateways to the Laurel. We must stay alert and insist on careful review of any plans out-of-town developers with local connections have for our neighborhood.