Part 1: Standard Conditions of Approval –
General Administrative Conditions
1. Approved Use
The project shall be constructed and operated in accordance with the authorized use as described in the approved application materials, October 19, 2016 Planning Commission staff report, and the approved plans , as amended by the following conditions of approval and mitigation measures, if applicable (“Conditions of Approval” or “Conditions”).
2. Effective Date, Expiration, Extensions and Extinguishment This Approval shall become effective immediately, unless the Approval is appea lable, in which case the Approval shall become effective in ten calendar days unless an appeal is filed . Unless a different termination date is prescribed, t his Approval shall expire no later than expiration or termination of the “Develop ment Agreement between City of Oakland, Redevelopment Agency of the City of oakalnd, and Oakland Harbor Partners, LLC” unless within such period all necessary permits for construction or alteration have been issued , or the authorized activities have commenced in the case of a permit not involving construction or alteration. Expiration of any necessary building permit or other construction-related permit for this project may invalidate this Approval if said Approval has also expired. If litigation is filed challenging this Approval, or its implementation, then the time period stated above for obtaining necessary permits for construction or alteration and/or commencement of authorized activities is automatically extended fo r the duration of the litigation.
3. Compliance with Other Requirements
The project applicant shall comply with all other applicable federal, state, regional, and local laws/codes, requirements, regulations, and guidelines, including but not limited to those imposed by the City’s Bureau of Building, Fire Marshal, and Public Works Department. Compliance with other applicable requirements may require changes to the approved use and/or plans. These changes shall be processed in accordance with the procedures contained in Condition #4.
4. Minor and Major Changes
a. Minor changes to the approved project, plans, Conditions, facilities, or use may be approved administratively by the Director of City Planning. Major changes to the approved project, plans, Conditions, facilities, or use shall be reviewed by the Director of City Planning to determine whether such changes require submittal and approval of a revision to the Approval by the original approving body or a new independent permit/approval. Major revisions shall be reviewed in accordance with the procedures required for the original permit/approval . A new independent permit/approval shall be reviewed in accordance with the procedures required for the new permit/approval.
Brooklyn Basin Master Creek Permit
5. Compliance with Conditions of Approval
a. The project applicant and property owner, including successors, (collectively referred to hereafter as the “project applicant” or “applicant”) shall be responsible for compliance with all the Conditions of Approval and any recommendations contained in any submitted and approved technical report at his/her sole cost and expense, subject to review and approval by the City of Oakland.
b. The City of Oakland reserves the right at any time during construction to require certification by a licensed professional at the project applicant’s expense that the as -built project conforms to all applicable requirements, including but not limited to, approved maxi mum heights and minimum setbacks. Failure to construct the project in accordance with the Approval may result in remedial reconstruction, permit revocation, permit modification, stop work, permit suspension, or other corrective action.
c. Violation of any term, Condition, or project description relating to the Approval is unlawful, prohibited, and a violation of the Oakland Municipal Code. The City of Oakland reserves the right to initiate civil and/or criminal enforcement and/or abatement proceedings, or after notice and public hearing, to revoke the Approval or alter these Conditions if it is found that there is violation of any of the Conditions or the provisions of the Planning Code or Municipal Code, or the project operates as or causes a public nuisance. This provision is not intended to, nor does it, limit in any manner whatsoever the ability of the City to take appropriate enforcement actions. The project applicant shall be responsible for paying fees in accordance with the City’s Master Fee Schedule for inspections conducted by the City or a City -designated third-party to investigate alleged violations of the Approval or Conditions.
6. Signed Copy of the Approval/Conditions
A copy of the Approval letter and Conditions shall be signed by the project applicant, attached to each set of permit plans submitted to the appropriate City agency for the project, and made available for review at the project job site at all times.
7. Blight/Nuisances
The project site shall be kept in a blight/nuisance-free condition. Any existing blight or nuisance shall be abated within 60 days of approval, unless an earlier date is specified elsewhere.
8. Indemnification
a. To the maximum extent permitted by law, t he project applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of Oakland, the Oakland City Council, the Oakland Redevelopment Successor Agency, the Oakland City Planning Commission, and their respective agents, officers, employees , and volunteers (hereafter collectively called “City”) from any liability, damages, claim, judgment, loss (direct or indirect), action, causes of action, or proceeding (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff tim e, expenses or costs ) (collectively called “Action”) against the City to attack, set aside, void or annul this Approval or implementation of this Approval. The City may elect, in its sole discretion, to participate in the defense of said Action and the project applicant shall reimburse the City for its reasonable legal costs and attorneys’ fees.
b. Within ten (10) calendar days of the filing of any Action as specified in subsection (a) above, the project applicant shall execute a Joint Defense Letter of Agreement with the City, acceptable Brooklyn Basin Master Creek Permit
to the Office of the City Attorney, which memorializes the above obligations. These obligations and the Joint Defense Letter of Agreement shall survive termination, extinguishment , or invalidation of the Approval. Failure to timely execute the Letter of Agreement does not relieve the project applicant of any of the obligations contained in this Condition or other requirements or Conditions of Approval that may be imposed by the City.
9. Severability
The Approval would not have been granted but for the applicability and validity of each and every one of the specified Conditions, and if one or more of such Conditions is found to be invalid by a court of competent jurisdiction this Approval would not have been granted without requiring other valid Conditions consistent with achieving the same purpose and intent of such Approval.
10. Special Inspector/ Inspections, Independent Technical R eview, Project Coordination and Monitoring
The project applicant may be required to cover the full costs of independent third-party technical review and City monitoring and inspection, including witho ut limitation, special inspector(s)/inspection(s) during times of extensive or specialized plan -check review or construction, and inspections of potential violations of the Conditions of Approval. The project applicant shall establish a deposit with the Bureau of Building, if directed by the Building Official, Director of City Planning, or designee, prior to the issuance of a construction-related permit and on an ongoing as-needed basis.
11. Public Improvements
The project applicant shall obtain all necessary permits/approvals , such as encroachment permits, obstruction permits, curb/gutter/sidewalk permits, and public improvement (“p-job”) permits from the City for work in the public right -of-way, including but not limited to, streets , curbs, gutters, sidewalks, utilities, and fire hydrants. Prior to any work in the public right -of-way, the applicant shall submit plans for review and approval by the Bureau of Planning, the Bureau of Building, and other City departments as required . Public improvements shall be designed and installed to the satisfaction of the City.
12. Compliance Matrix
The project applicant shall submit a Compliance Matrix, in both written and electronic form, for review and approval by the Bureau of Planning and the Bureau of Building that lists each Condition of Approval (including each mitigation measure if applicable) in a sortable spreadsheet . The Compliance Matrix shall contain, at a minimum, each required Condition of Approval, when compliance with the Condition is required, and the status of compliance with each Condition. For multi-phased projects, the Compliance Matrix shall indicate which Condition applies to each phase.
The project applicant shall submit the initial Compliance Matrix prior to the issuance of the first construction-related permit and shall submit an updated matrix upon request by the City.
13. Construction Management Plan
Prior to the issuance of the first construction -related permit, the project applicant and his/her general contractor shall submit a Construction Management P lan (CMP) for review and approva l by the Bureau of Planning , Bureau of Building , and other relevant City departments such as the Fire Department and the Public Works Department as directed. The CMP shall contain measures to minimize potential construction impacts includ ing measures to co mply with all construction- Brooklyn Basin Master Creek Permit
related Conditions of Approval (and mitigation measures if applicable) such as dust control, construction emissions, hazardous materials, construction days/hours, construction traffic control, waste reduction and recycling, storm water pollution prevention, noise control, complaint management, and cultural resource management (see applicable Conditions below). The CMP shall provide project -specific information including descriptive procedures, approval documentation, and drawings ( such as a site logistics plan, fire safety plan, construction phasing plan, proposed truck routes, traffic control plan , complaint management plan, construction worker parking plan, and litter/debris clean-up plan) that specify how potential construction impacts will be minimized and how each construction-related requirement will be satisfied throughout construction of the project.
Part 2: Standard Conditions of Approval –
Environmental Protection Measures
GENERAL
14. Regulatory Permits and Authorizations from Other Agencies Requirement: The project applicant shall obtain all necessary regulatory permits and authorizations from applicable resource/regulatory agencies including, but not limited to, the Regional Water Quality Control Board, Bay Area Air Quality Management District, Bay Conservation and Development Commission, California Department of Fish and Wildlife, U. S. Fish and Wildlife Service, and Army Corps of Engineers and shall comply with all requirements and conditions of the permits/authorizations . The project applicant shall submit evidenc e of the approved permits/authorizations to the City , along with evidence demonstrating compliance with any regulatory permit/authorization conditions of approval.
When Required: Prior to activity requiring permit/authorization from regulatory agency Initial Approval: Approval by applicable regulatory agency with jurisdiction; evidence of approval submitted to Bureau of Planning
Monitoring/Inspection: Applicable regulatory agency with jurisdiction
AESTHETICS
15. Graffiti Control
Requirement:
a. During construction and operation of the project, the project applicant shall incorporate best management practices reasonably related to the control of graffiti and/or the mitigation of the impacts of graffiti. Such best management practices may include, without limitation:
i. Installation and maintenance of landscaping to discourage defacement of and/or protect likely graffiti-attracting surfaces.
ii. Installation and maintenance of lighting to protect likely graffiti-attracting surfaces. iii. Use of paint with anti-graffiti coating.
iv. Incorporation of architectural or design elements or features to discourage graffiti defacement in accordance with the principles of Crime Prevention Through Environmental Design (CPTED).
v. Other practices approved by the City to deter, protect, or reduce the potential for graffiti defacement.
b. The project applicant shall remove graffiti by appropriate means within seventy-two (72) hours. Appropriate means include the following:
i. Removal through scrubbing, washing, sanding, and/or scraping (or similar method) without damaging the surface and without discharging wash water or cleaning detergents into the City storm drain system.
Brooklyn Basin Master Creek Permit
ii. Covering with new paint to match the color of the surrounding surface. iii. Replacing with new surfacing (with City permits if required).
When Required: Ongoing
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
16. Landscape Plan
a. Landscape Plan Required
Requirement: The project applicant shall submit a final Landscape Plan for City review and approval that is consistent with the approved Landscape P lan. The Landscape P lan shall be included with the set of drawings submitted for the construction-related permit and shall comply with the landscape requirements of chapter 17.124 of the Planning Code.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Planning
Monitoring/Inspection: N/A
b. Landscape Installation
Requirement: The project applicant shall implement the approved Landscape Plan unless a bond, cash deposit, letter of credit, or other equivalent instrument acceptable to the Director of City Planning, is provided . The financial instrument shall equal the greater of $2,500 or the estimated cost of implementing the Landscape Plan based on a licensed contractor’s bid.
When Required: Prior to building permit final
Initial Approval: Bureau of Planning
Monitoring/Inspection: Bureau of Building
Brooklyn Basin Master Creek Permit
BIOLOGICAL RESOURCES
17. Tree Removal During Bird Breeding Season
Requirement: To the extent feasible, removal of any tree and/or other vegetation suitable for nesting of birds shall not occur during the bird breeding season of February 1 to August 15 (or during December 15 to August 15 for trees located in or near marsh, wetland, or aquatic habitats) . If tree removal must occur during the bird breeding season, all trees to be removed shall be surveyed by a qualified biologist to verify the presence or absence of nesting raptors or other birds. Pre-removal surveys shall be conducted within 15 days prior to the start of work and shall be submitted to the City for review and approval . If the survey indicates the potential presence of nesting raptors or other birds, the biologist shall determine an appropriately sized buffer around the nest in which no work will be allowed until the young have successfully fledged. The size of the nest buffer will be determined by the biologist in consultation with the California Department of Fish and Wildlife, and will be based to a large extent on the nesting species and its sensitivity to disturbance. In general, buffer sizes of 200 feet for raptors and 50 feet for other birds should suffice to prevent disturbance to birds nesting in the urban environment, but these buffers may be increased or decreased, as appropriate, depending on the bird species and the level of disturbance anticipated near the nest.
When Required: Prior to removal of trees
Initial Approval: Bureau of Building
Monitoring/Inspection: Bureau of Building
18. Tree Permit
a. Tree Permit Required
Requirement: Pursuant to the City’s Tree Protection Ordinance (OMC c hapter 12.36), t he project applicant shall obtain a tree permit and abide by the conditions of that permit.
When Required: Prior to approval of construction-related permit Initial Approval: Permit approval by Public Works Department , Tree Division ; evidence of approval submitted to Bureau of Building
Monitoring/Inspection: Bureau of Building
b. Tree Protection During Construction
Requirement: Adequate protection shall be provided during the construction period for any trees which are to remain standing, including the following, plus any recommendations of an arborist:
i. Before the start of any clearing, excavation, construction, or other work on the site, every protected tree deemed to be potentially endangered by said site work shall be securely fenced off at a distance from the base of the tree to be determined by the project’s consulting arborist. Such fences shal l remain in place for duration of all such work. All trees to be removed shall be clearly marked. A scheme shall be established for the removal and disposal of logs, brush, earth and other debris which will avoid injury to any protected tree.
ii. Where propose d development or other site work is to encroach upon the protected perimeter of any protected tree, special measures shall be incorporated to allow the roots to breathe and obtain water and nutrients. Any excavation, cutting, filing, or compaction Brooklyn Basin Master Creek Permit
of the e xisting ground surface within the protected perimeter shall be minimized. No change in existing ground level shall occur within a distance to be determined by the project’s consulting arborist from the base of any protected tree at any time. No burning or use of equipment with an open flame shall occur near or within the protected perimeter of any protected tree.
iii. No storage or dumping of oil, gas, chemicals, or other substances that may be harmful to trees shall occur within the distance to be determined by the project’s consulting arborist from the base of any protected trees, or any other location on the site from which such substances might enter the protected perimeter. No heavy construction equipment or construction materials shall be operated or stored within a distance from the base of any protected trees to be determined by the project’s consulting arborist . Wires, ropes, or other devices shall not be attached to any protected tree, except as needed for support of the tree. No sign, other than a tag s howing the botanical classification, shall be attached to any protected tree.
iv. Periodically during construction, the leaves of protected trees shall be thoroughly sprayed with water to prevent buildup of dust and other pollution that would inhibit leaf transpiration.
v. If any damage to a protected tree should occur during or as a result of work on the site, the project applicant shall immediately notify the Public Works Department and the project’s consulting arborist shall make a recommendation to the City T ree Reviewer as to whether the damaged tree can be preserved. If, in the professional opinion of the Tree Reviewer, such tree cannot be preserved in a healthy state, the Tree Reviewer shall require replacement of any tree removed with another tree or trees on the same site deemed adequate by the Tree Reviewer to compensate for the loss of the tree that is removed. vi. All debris created as a result of any tree removal work shall be removed by the project applicant from the property within two weeks of debris creation, and such debris shall be properly disposed of by the project applicant in accordance with all applicable laws, ordinances, and regulations.
When Required: During construction
Initial Approval: Public Works Department, Tree Division Monitoring/Inspection: Bureau of Building
c. Tree Replacement Plantings
Requirement: Replacement plantings shall be required for tree removals for the purposes of erosion control, groundwater replenishment, visual screening, wildlife habitat, and preventing excessive loss of shade, in accordance with the following criteria:
i. No tree replacement shall be required for the removal of nonnative species, for the removal of trees which is required for the benefit of remaining trees, or where insufficient planting area exists for a mature tree of the species being considered. ii. Replacement tree species shall consist of Sequoia sempervirens (Coast Redwood), Quercus agrifolia (Coast Live Oak), Arbutus menziesii (Madrone), Aesculus californica (California Buckeye), Umbellularia californica (California Bay Laurel), or other tree species acceptable to the Tree Division.
iii. Replacement trees shall be at least twenty-four (24) inch box size, unless a smaller size is recommended by the arborist, except that three fifteen (15) gallon size trees may be substituted for each twenty-four (24) inch box size tree where appropriate. iv. Minimum planting areas must be available on site as follows:
Brooklyn Basin Master Creek Permit
• For Sequoia sempervirens, three hundred fifteen (315) square feet per tree; • For other species listed, seven hundred (700) square feet per tree. v. In the event that replacement trees are required but cannot be planted due to site constraints, an in lieu fee in accordance with the City’s Master Fee Schedule may be substituted for required replacement plantings, with all such revenues applied toward tree planting in city parks, streets and medians.
vi. The project applicant shall install the plantings and maintain the plantings until established. The Tree Reviewer of the Tree Division of the Public Works Department may require a landscape plan showing the replacement plantings and the method of irrigation. Any replacement plantings which fail to become established within one year of planting shall be replanted at the project applicant’s expense.
When Required: Prior to building permit final
Initial Approval: Public Works Department, Tree Division Monitoring/Inspection: Bureau of Building
GEOLOGY AND SOILS
19. Construction-Related Permit(s)
Requirement: The project applicant shall obtain all required construction-related permits/approvals from the City. The project shall comply with all standards, requirements and conditions contained in construction -related codes, including but not limited to the Oakland Building Code and the Oakland Grading Regulations, to ensure structural integrity and safe construction.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Building
Monitoring/Inspection: Bureau of Building
Brooklyn Basin Master Creek Permit
HAZARDS AND HAZARDOUS MATERIALS
20. Hazardous Materials Related to Construction
Requirement: The project applicant shall ensure that Best Management Practices (BMPs) are implemented by the contractor during construction to minimize potential negative effects on groundwater, soils, and human health. These shall include, at a minimum, the following:
a. Follow manufacture’s recommendations for use, storage, and disposal of chemical products used in construction;
b. Avoid overtopping construction equipment fuel gas tanks; c. During routine maintenance of constructi on equipment, properly contain and remove grease and oils;
d. Properly dispose of discarded containers of fuels and other chemicals; e. Implement lead -safe work practices and comply with all local, regional, state, and federal requirements concerning lead (for more information refer to the Alameda County Lead Poisoning Prevention Program); and
f. If soil, groundwater , or other environmental medium with suspected contamination is encountered unexpectedly during construction activities (e.g., identified by odor or visual staining, or if any underground storage tanks, abandoned drums or other hazardous materials or wastes are encountered), the project applicant shall cease work in the vicinity of the suspect material, the area shall be secured as necessary, and th e applicant shall take all appropriate measures to protect human health and the environment. Appropriate measures shall include notifying the City and ap plicable regulatory agency(ies) and implementation of the actions described in the City’s Standard Cond itions of Approval, as necessary, to identify the nature and extent of contamination. Work shall not resume in the area(s) affected until the measures have been implemented under the oversight of the City or regulatory agency, as appropriate.
When Required: During construction
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
HYDROLOGY AND WATER QUALITY
21. Erosion and Sedimentation Control Measures for Construction Requirement: The project applicant shall implement Best Management Practices (BMPs) to reduce erosion, sedimentation, and water quality impacts during construction to the maximum extent practicable. At a minimum, the project applicant shall provide filter materials deemed acceptable to the City at nearby catch basins to prevent any debris and dirt from flowing into the City’s storm drain system and creeks.
When Required: During construction
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
Brooklyn Basin Master Creek Permit
22. Erosion and Sedimentation Control Plan for Construction a. Erosion and Sedimentation Control Plan Required
Requirement: The project applicant shall submit an Erosion and Sedimentation Control Plan to the City for review and approval. The Erosion and Sedimentation Control Plan shall include all necessary measures to be taken to prevent excessive stormwater runoff or carrying by stormwater runoff of solid materials on to lands of adjacent property owners, public streets, or to creeks as a result of conditions created by gradi ng and/or construction operations. The Plan shall inc lude, but not be limited to, such measures as sho rt-term erosion control planting, waterproof slope covering, check dams, interceptor ditches, benches, storm drains, dissipation structures, diversion dik es, retarding berms and barriers, devices to trap, store and filter out sediment, and stormwater retention basins. Off -site work by the project a pplicant may be necessary. The project applicant shall obtain permission or easements necessary for off -site work. There shall be a clear notation that the plan is subject to changes as changing conditions occur. Calculations of anticipated stormwater runoff and sediment volumes shall be included, if required by the City. The Plan shall specify that, after construc tion is complete, the project applicant shall ensure that the storm drain system shall be inspected and that the project applicant shall clear the system of any debris or sediment.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Building
Monitoring/Inspection: N/A
b. Erosion and Sedimentation Control During Construction Requirement: The project applicant shall implement the approved Erosion and Sedimentation Control Plan. No grading shall occur during the wet weather season (October 15 through April 15) unless specifically authorized in writing by the Bureau of Building.
When Required: During construction
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
23. State Construction General Permit
Requirement: The project applicant shall comply with the requirements of the Construction General Permit issued by the State Water Resources Control Board (SWRCB). The project applicant shall submit a Notice of Intent (N OI), Stormwater Pollution Prevention Plan (SWPPP), and other required Permit Registration Documents to SWRCB. The project applicant shall submit evidence of compliance with Permit requirements to the City.
When Required: Prior to approval of construction-related permit Initial Approval : State Water Resources Control Board; evidence of compliance submitted to Bureau of Building
Monitoring/Inspection: State Water Resources Control Board
24. Site Design Measures to Reduce Stormwater Runoff
Requirement: Pursuant to Provision C.3 of the Municipal Regional Stormwater Permit issued under the National Pollutant Discharge Elimination System (NPDES), the project applicant is encouraged Brooklyn Basin Master Creek Permit
to incorporate appropriate site design measures into the project to reduce the amount of stormwater runoff. These measures may include, but are not limited to, the following:
a. Minimize impervious surfaces, especially directly connected impervious surfaces and surface parking areas;
b. Utilize permeable paving in place of impervious paving where appropriate; c. Cluster structures;
d. Direct roof runoff to vegetated areas;
e. Preserve quality open space; and
f. Establish vegetated buffer areas.
When Required: Ongoing
Initial Approval: N/A
Monitoring/Inspection: N/A
25. Source Control Measures to Limit Stormwater Pollution Requirement: Pursuant to Provision C.3 of the Municipal Regional Stormwater Permit issued under the National Pollutant Discharge Elimination System (NPDES), the project applicant shall incorporate appropriate source control measures to limit pollution in stormwater runoff. These measures may include, but are not limited to, the following:
a. Stencil storm drain inlets “No Dumping – Drains to Bay;” b. Minimize the use of pesticides and fertilizers;
c. Cover outdoor material storage areas, loading docks, repair/maintenance bays and fueling areas; d. Cover trash, food waste, and compactor enclosures; and e. Plumb the following discharges to the sanitary sewer system, subject to City approval:
f. Discharges from indoor floor mats, equipment, hood filter, wash racks, and, covered outdoor wash racks for restaurants;
g. Dumpster drips from covered trash, food waste, and compactor enclosures; h. Discharges from outdoor covered wash areas for vehicles, equipment, and accessories; i. Swimming pool water, if discharge to on-site vegetated areas is not feasible; and j. Fire sprinkler teat water, if discharge to on-site vegetated areas is not feasible.
When Required: Ongoing
Initial Approval: N/A
Monitoring/Inspection: N/A
26. NPDES C.3 Stormwater Requirements for Regulated Projects a. Post-Construction Stormwater Management Plan Required Requirement: The project applicant shall comply with the requirements of Provision C.3 of the Municipal Regional Stormwater Permit issued under the National Pollutant Discharge Elimination System (NPDES) . The project applicant shall submit a Post -Construction Stormwater Management Plan to the City for review and approval with the project drawings submitted for site improvements, and shall implement the approved Plan during construction .
The Post-Construction Stormwater Management Plan shall include and identify the following:
i. Location and size of new and replaced impervious surface; ii. Directional surface flow of stormwater runoff;
Brooklyn Basin Master Creek Permit
iii. Location of proposed on-site storm drain lines;
iv. Site design measures to reduce the amount of impervious surface area; v. Source control measures to limit stormwater pollution; vi. Stormwater treatment measures to remove po llutants from stormwater runoff, including the method used to hydraulically size the treatment measures; and vii. Hydromodification management measures , if required by Provision C.3, so that post- project stormwater runoff flow and duration match pre-project runoff.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Planning; Bureau of Building Monitoring/Inspection: Bureau of Building
b. Maintenance Agreement Required
Requirement: The project applicant shall enter int o a maintenance agreement with the City, based on the Standard City of Oakland Stormwater Treatment Measures Maintenance Agreement, in accordance with Provision C.3, which provides, in part, for the following:
i. The project applicant accepting responsibility for the adequate installation/construction, operation, maintenance, inspection, and reporting of any on -site stormwater treatment measures and/or conveyance to off -site treatment facilities being incorporated into the project until the responsibility is legally transferred to another entity; and ii. Legal access to the on-site stormwater treatment measures and/or conveyance to off-site treatment facilities for representatives of the City, the local vector control district, and staff of the Regional Water Quality Control Board, San Francisco Region, for the purpose of verifying the implementation, operation, and maintenance of the on -site stormwater treatment measures and to take corrective action if necessary.
The maintenance agreement shall be recorded at the County Recorder’s Office at the applicant’s expense.
When Required: Prior to building permit final
Initial Approval: Bureau of Building
Monitoring/Inspection: Bureau of Building
27. NPDES C.3 Stormwater Requirements for Small Projects Requirement: Pursuant to Provision C.3 of the Municipal Regional Stormwater Permit issued under the National Pollutant Discharge Elimination System (NPDES), the project applicant shall incorporate one or more of the following site design measures into the project:
a. Direct roof runoff into cisterns or rain barrels for reuse; b. Direct roof runoff onto vegetated areas;
c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas; d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas; e. Construct sidewalks, walkways, and/or patios with permeable surfaces; or f. Construct bike lanes, driveways, and/or uncovered parking lots with permeable surfaces.
The project drawings submitted for construction -related permits shall include the proposed site design measure(s) and the approved measure(s) shall be installed during construction. The design and installation of the measure(s) shall comply with all applicable City requirements.
When Required: Prior to approval of construction-related permit Brooklyn Basin Master Creek Permit
Initial Approval: Bureau of Planning; Bureau of Building Monitoring/Inspection: Bureau of Building
28. Vegetation Management on Creekside Properties
Requirement: The project applicant shall comply with the following requirements when managing vegetation prior to, during, and after construction of the project:
a. Identify and leave “islands” of vegetation in order to prevent erosion and landslides and protect habitat;
b. Trim tree branches from the ground up (limbing up) and leave tree canopy intact; c. Leave stumps and roots from cut down trees to prevent erosion; d. Plant fire-appropriate, drought-tolerant, preferably native vegetation; e. Provide erosion and sediment control protection if cutting vegetation on a steep slope; f. Fence off sensitive plant habitats and creek areas if implementing goat grazing for vegetation management;
g. Obtain a Tree Permit before removing a Protected Tree (any tree 9 inches dbh or greater and any oak tree 4 inches dbh or greater, except eucalyptus and Monterey pine); h. Do not clear-cut vegetation. This can lead to erosion and severe water quality problems and destroy important habitat;
i. Do not remove vegetation within 20 feet of the top of the creek bank. If the top of bank cannot be identified, do not cut within 50 feet of the centerline of the creek or as wide a buffer as possible between the creek centerline and the development; j. Do not trim/prune branches that are larger than 4 inches in diameter; k. Do not remove tree canopy;
l. Do not dump cut vegetation in the creek;
m. Do not cut tall shrubbery to less than 3 feet high; and n. Do not cut short vegetation (e.g., grasses, ground-cover) to less than 6 inches high.
When Required: Ongoing
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
29. Creek Protection Plan
a. Creek Protection Plan Required
Requirement: The project applicant shall submit a Creek Protection Plan for review and approval by the City. The Plan shall be included with the set of project drawings submitted to the City for site improvements and shall incorporate the contents required under section
13.16.150 of the Oakland Municipal Code including Best Management Practices (“BMPs”) during construction and after construction to prote ct the creek. Required BMPs are identified below in sections (b), (c), and (d).
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Planning
Monitoring/Inspection: N/A
b. Construction BMPs
Brooklyn Basin Master Creek Permit
Requirement: The Creek Protection Plan shall incorporate all applicable erosion, sedimentation, debris, and pollution control BMPs to protect the creek during construction. The measures shall include, but are not limited to, the following:
i. On sloped properties, the downhill end of the construction area must be protected with silt fencing (such as sandbags, filter fabric, silt curtains, etc.) and hay bales oriented parallel to the contours of the slope (at a constant elevation) to prevent erosion into the creek.
ii. The project applicant shall implement mechanical and vegetative measures to reduce erosion and sedimentation, including appropriate seasonal maintenance. One hundred (100) percent biodegradable erosion control fabric shall be installed on all graded slopes to protect and stabilize the slopes during construction and before permanent vegetation gets established. All graded areas shall be temporarily protected from erosion by seeding with fast growing annual species. All bare slopes must be covered with staked tarps when rain is occurring or is expected.
iii. Minimize the removal of natural vegetation or ground cover from the site in order to minimize the potential for erosion and sedimentation problems. Maximize the replanting of the area with native vegetation as soon as possible. iv. All work in or near creek channels must be performed with hand tools and by a minimum number of people. Immediately upon completion of this work, soil must be repacked and native vegetation planted.
v. Install filter materials (such as sandbags, filter fabric, etc.) acceptable to the City at the storm drain inlets nearest to the project site prior to the start of the wet weather season (October 15); site dewatering activities; street washing activities; saw cutting asphalt or concrete; and in order to retain any debris flowing into the City storm drain system. Filter materials shall be maintained and/or replaced as necessary to ensure effectiveness and prevent street flooding.
vi. Ensure that concrete/granite supply trucks or concrete/plaster finishing operations do not discharge wash water into the creek, street gutters, or storm drains. vii. Direct and locate tool and equipment cleaning so that wash water does not discharge into the creek.
viii. Create a contained and covered area on the site for storage of bags of cement, paints, flammables, oils, fertilizers, pesticides, or any other materials used on the project site that have the potential for being discharged to the creek or storm drain system by the wind or in the event of a material spill. No hazardous waste material shall be stored on site. ix. Gather all construction debris on a regular basis and place it in a dumpster or other container which is emptied or removed at least on a weekly basis. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to stormwater pollution.
x. Remove all dirt, gravel, refuse, and green waste from the sidewalk, street pavement, and storm drain system adjoining the project site. During wet weather, avoid driving vehicles off paved areas and other outdoor work.
xi. Broom sweep the street pavement adjoining the project site on a daily basis. Caked -on mud or dirt shall be scraped from these areas before sweeping. At the end of each workday, the entire site must be cleaned and secured against potential erosion, dumping, or discharge to the creek, street, gutter, or storm drains.
Brooklyn Basin Master Creek Permit
xii. All erosion and sedimentation control measures implemented during construction activities, as well as construction site and materials management shall be in strict accordance with the control standards listed in the latest edition of the Erosion and Sediment Control Field Manual published by the Regional Water Quality Control Board (RWQCB).
xiii. Temporary fencing is required for sites without existing fencing between the creek and the construction site and shall be placed along the side adjacent to construction (or both sides of the creek if applicable) at the maximum practical distance from the creek centerline. This area shall not be disturbed during construction without prior approval of the City.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Planning
Monitoring/Inspection: N/A
c. Post-Construction BMPs
Requirement: The project shall not result in a substantial increase in stormwater runoff volume or velocity to the creek or storm drains . The Creek Protection Plan shall include site design measures to reduce the amount of impervious surface to maximum extent practicable. New drain outfalls shall include energy dissipation to slow the velocity of the water at the point of outflow to maximize infiltration and minimize erosion.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Planning
Monitoring/Inspection: N/A
d. Creek Landscaping
Requirement: The project applicant shall include final landscaping details for the site on the Creek Protection Plan, or on a Landscape Plan, for review and approval by the City.
Landscaping information shall include a planting schedule, detailing plant types and locations, and a system to ensure adequate irrigation of plantings for at least one growing season.
Plant and maintain only drought-tolerant plants on the site where appropriate as well as native and riparian plants in and adjacent to riparian corridors. Along the riparian corridor, native plants shall not be disturbed to the maximum extent feasible. Any areas disturbed along the riparian corridor shall be replanted with mature native riparian vegetation and be maintained to ensure survival.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Planning
Monitoring/Inspection: N/A
e. Creek Protection Plan Implementation
Requirement: The project applicant shall implement the approved Creek Protection Plan during and after construction. During construction, a ll erosion, sedimentation, debris, and pollution control measures shall be monitored regularly by the project applicant . The City may require that a qualified consultant (paid for by the project applicant) inspect the control measures and submit a written report of the adequacy of the control measures to the City . If measures are deemed inadequate, the project applicant shall develop and impleme nt additional and more effective measures immediately.
When Required: During construction; ongoing
Initial Approval: N/A
Brooklyn Basin Master Creek Permit
Monitoring/Inspection: Bureau of Building
30. Creek Dewatering/Diversion
Requirement: The project applicant shall submit a Dewatering and Diversion Plan for review and approval by the City, and shall implement the approved Plan. The Plan shall comply, at a minimum, with the following:
a. All dewatering and diversion activities shall comply with the requirements of all necessary regulatory per mits and authorizations from other agencies (e.g., Regional Water Quality Control Board, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, and Army Corps of Engineers).
b. All native aquatic life (e.g., fish, amphibians, and turtles) within the work site shall be relocated by a qualified biologist prior to dewatering, in accordance with applicable regional, state, and federal requirements. Captured native aquatic life shall be moved to the nearest appropriate site on the stream channel downstream. The biologist shall check daily for stranded aquatic life as the water level in the dewatering area drops. All reasonable efforts shall be made to capture and move all stranded aquatic life observed in the dewatered areas. Capture met hods may include fish landing nets, dip nets, buckets, and by hand. Captured aquatic life shall be released immediately in the nearest appropriate downstream site. This condition does not allow the take or disturbance of any state or federally listed species, nor state-listed species of special concern, unless the applicant obtains a project specific authorization from the California Department of Fish and Wildlife and/or the U.S. Fish and Wildlife Service, as applicable. c. If any dam or other artificial obst ruction is constructed, maintained, or placed in operation within the stream channel, ensure that sufficient water is allowed to pass down channel at all times to maintain native aquatic life below the dam or other artificial obstruction. d. Construction and operation of dewatering/diversion devices shall meet the standards contained in the latest edition of the Erosion and Sediment Control Field Manual published by the Regional Water Quality Control Board.
e. Coffer dams and/or water diversion system shall be co nstructed of a non -erodable material which will cause little or no siltation. Coffer dams and the water diversion system shall be maintained in place and functional throughout the construction period. If the coffer dams or water diversion systems fail, they shall be repaired immediately based on the recommendations of a qualified environmental consultant. The devices shall be removed after construction is complete and the site is stabilized.
f. Pumped water shall be passed through a sediment settling device before returning to the stream channel. Velocity dissipation measures are required at the outfall to prevent erosion.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Planning; Bureau of Building Monitoring/Inspection: Bureau of Building
31. Structures in a Flood Zone
Requirement: The project shall be designed to ensure that new structures within a 100 -year flood zone do not interfere with the flow of water or increase flooding. The project applicant shall submit plans and hydrological calculations for City review and approval with the construction -related drawings that show finished site grades and floor elevations elevated above the Base Flood Elevation (BFE).
Brooklyn Basin Master Creek Permit
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Building
Monitoring/Inspection: Bureau of Building
32. Bay Conservation and Development Commission (BCDC) Approval Requirement: The project applicant shall obtain the necessary permit/a pproval, if required, from the Bay Conservation and Development Commission (BCDC) for work within BCDC’s jurisdiction to address issues such as but not limited to shoreline public access and sea level rise. The project applicant shall submit evidence of the permit/approval to the City and comply with all requirements and conditions of the permit/approval.
When Required: Prior to activity requiring permit/approval from BCDC Initial Approval: Approval by BCDC; evidence of approval submitted to Bureau of Planning Monitoring/Inspection: BCDC
TRANSPORTATION/TRAFFIC
33. Construction Activity in the Public Right-of-Way
a. Obstruction Permit Required
Requirement: The project applicant shall obtain an obstruction permit from the City prior to placing any temporary construction -related obstruction in the public right -of-way, including City streets and sidewalks.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Building
Monitoring/Inspection: Bureau of Building
b. Traffic Control Plan Required
Requirement: In the event of obstructions to vehicle or bicycle travel lanes, the project applicant shall submit a Traffic Control Plan to the City for review and approval prior to obtaining an obstruction permit. The project applicant shall submit evidence of City approval of the Traffic Control Plan with the application for an obstruction permit. The Traffic Control Plan shall contain a set of comprehensive traffic control measures for auto, transit, bicycle, and pedestrian detours, including detour signs if required, l ane closure procedures, signs, cones for drivers, and designated construction access routes. The project applicant shall implement the approved Plan during construction.
When Required: Prior to approval of construction-related permit Initial Approval Public Works Department, Transportation Services Division Monitoring/Inspection: Bureau of Building
c. Repair of City Streets
Requirement: The project applicant shall repair any damage to the public right -of way, including streets and sidewalks caused by project construction at his/her expense within one week of the occurrence of the damage (or excessive wear), unless further damage/excessive wear may continue; in such case, repair shall oc cur prior to approval of the final inspection of the construction-related permit. All damage that is a threat to public health or safety shall be repaired immediately.
Brooklyn Basin Master Creek Permit
When Required: Prior to building permit final
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
PROJECT-SPECIFIC CONDITIONS OF APPROAL
34. Additional Submittals Subject to Staff-Level Determination of Compliance Requirement: At the time of first construction permit application submittal for each parcel included in this permit, the Applicant shall submit the following documents for staff -level review and determination of compliance with this permit:
• Fee: Applicant shall submit payment to accommodate staff -level review of compliance with this condition of approval equivalent to the Category IV Creek Permit application fee at the time of a complete compliance review submittal on the subject parcel. • Site Plan
• Creek Protection Plan
• Hydrology Report
• Demonstration of compliance with Oak to Ninth Avenue Project Environmental Impact Report (and technical studies)
• Final Development Permit Approval for affected site (including approval letter and stamped plans): If FDP is substantially different from PDP dated October 2 006 and/or relies on a revision to the October 2006 PDP, then the affected construction -related permit is subject to a new and separate creek permit at the time of submittal.
If staff determines that there are substantive changes to the site plan for the affected parcel since approval of this Master Creek Permit, the construction-related permit shall be subject to the Creek Permit procedure in place at the time of application for said construction -related permit.
Substantive changes include, but are not limited to: change in grading concept and change in building footprint.
When Required: Prior to approval of construction-related permit on any affected parcel Initial Approval: Public Works Department, Environmental Services Division Monitoring/Inspection: Public Works Department, Environmental Services Division
Applicant Statement
I have read and accept responsibility for the Conditions of Approval. I agree to abide by and conform to the Conditions of Approval, as well as to all provisions of the Oakland Planning Code and Oakland Municipal Code pertaining to the project.
Brooklyn Basin Master Creek Permit
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Name of Project Applicant
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Signature of Project Applicant
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Date