CITY OF OAKLAND
D
ALZIEL BUILDING • 250 FRANK H. OGAWA PLAZA • SUITE 3315 • OAKLAND, CALIFORNIA 94612 Planning and Building Department (510) 238-3941
Bureau of Planning FAX (510) 238-6538
TDD (510) 238-3254
Se
nt Via Email
O
ctober 12, 2023
M
ehdi Shafiei
5690 Broadway Terrace
Oakland, CA 94618
[email protected]
RE
: Case File No. PLN22189; 5315 College Avenue; APN: 014 124901103 D
ear Mr. Shafiei:
Y
our application, as described below, has been approved for the reasons stated in Attachment A, which contains the findings required to support this decision. Attachment B contains the Conditions of Approval for the project. This decision is effective ten (10) days after the date of this letter unless appealed pursuant to the procedures set forth below.
T
he following table summarizes the proposed project:
Proposal: Addition and alteration to an existing commercial structure for a childcare (Community Education Civic) activity for 48 students.
Planning Permits Required: Minor Conditional Use Permit for a community education civic activity.
Regular Design Review for alterations to an existing facility.
General Plan: Neighborhood Center Mixed Use
Zoning: CN-1
Environmental Determination: 15301 of the State CEQA Guidelines: Minor alterations to existing facilities; and 15183 – Projects Consistent with a Community Plan, General Plan, or Zoning
Historic Status: Potential Designated Historic Property (PDHP): OCHS Survey rating:
C3
City Council District: 1
I
f you, or any interested party, seeks to challenge this decision, an appeal must be filed by no later than ten (10) calendar days from the date of this letter. An appeal shall be on a form provided by the Bureau of Planning of the Planning and Building Department, and submitted via email to : (1) Neil Gray, Planner IV, and [email protected], (2) Robert Merkamp, Zoning Manager, at [email protected], and (3) Catherine Payne, Development Planning Manager, at [email protected]. The appeal form is available online at https://www.oaklandca.gov/documents/appeal-application-form. The appeal shall state specifically wherein it is claimed there was error or abuse of discretion by the Zoning Manager or decision- making body or wherein the decision is not supported by substantial evidence. Applicable appeal fees in the amount of $2,599.09 in accordance with the City of Oakland Master Fee Schedule must be paid within five (5) calendar days of filing the appeal.
ATTACHMENT C
PLN22189; 5315 College Avenue Page 2
If the fifth (5th) calendar day falls on a weekend or City holiday, appellant will have until the end of the following City business day to pay the appeal fee. Failure to timely appeal (or to timely pay all appeal fees) will preclude you, or any interested party, from challenging the City’s decision in court. The appeal itself must raise each and every issue that is contested, along with all the arguments and evidence in the record which supports the basis of the appeal; failure to do so may preclude you, or any interested party, from raising such issues during the appeal and/or in court. However, the appeal will be limited to issues and/or evidence presented to the Zoning Manager prior to the close of the previously noticed public comment period on the matter. For further information, see the attached Interim City Administrator Emergency Order No. 3 and Interim Procedures for Appeals of City Planning Bureau Decisions for Development Projects.
If the ten (10) day appeal period expires without an appeal, you are expected to contact Neil Gray in order to receive the signed Notice of Exemption (NOE) certifying that the project has been found to be exempt from CEQA review. It is your responsibility to record the NOE and the Environmental Declaration at the Alameda County Clerk’s office at 1106 Madison Street, Oakland, CA 94612, at a cost of $50.00 made payable to the Alameda County Clerk. Please bring the original NOE related documents and five copies to the Alameda County C lerk, and return one date stamped copy to the Bureau of Planning, to the attention of Neil Gray, Planner IV. Pursuant to Section 15062(d) of the California Environmental Quality Act (CEQA) Guidelines, recordation of the NOE starts a 35- day statute of limitations on court challenges to the approval under CEQA. The NOE will also be posted on the City website at https://aca.accela.com/OAKLAND/Welcome.aspx.
If you have any questions, please contact the case planner, Neil Gray, Planner IV, at (510) 238-3878 or [email protected], however, this does not substitute for filing of an appeal as described above.
Very Truly Yours,
ROBERT D. MERKAMP
Zoning Manager
cc: Ronnie Turner: [email protected]
Naomi Schiff: [email protected]
Chris Buckley: [email protected]
John Allen: [email protected]
Attachments:
A. Findings
B. Conditions of Approval, including Standard Conditions of Approvals
PLN22189; 5315 College Avenue Page 3
ATTACHMENT A: FINDINGS
This proposal meets all the required findings of the Oakland Planning Code (OMC Title 17) and the No Net Loss findings of California Government Code Section 65863 (B)(2) as set forth below and which are required to approve your application. Required findings are shown in bold type; reasons your proposal satisfies them are shown in normal type.
Section 17.136.050 Regular Design Criteria for Nonresidential Facilities and Signs
1. That the proposal will help achieve or maintain a group of facilities which are well related to one another and which, when taken together, will result in a well-composed design, with consideration given to site, landscape, bulk, height, arrangement, texture, materials, colors, and appurtenances; the relation of these factors to other facilities in the vicinity; and the relation of the proposal to the total setting as seen from key points in the surrounding area. Only elements of design which have som e significant relationship to outside appearance shall be considered, except as otherwise provided in Section 17.136.060 .
The proposed addition underneath and to the rear of the existing structure will result in a well -composed design and will relate to structures on College Avenue. The trim, sill, and recess on new windows , the front patio, and other architectural details visible from the street will match the existing building. Further, the home will be rotated to be perpendicular to the street, which will be consistent with other structures on College Avenue. The stairs required on the north side of the building are required for egress under the Building Code but will be screened by a wall with siding that will match the existing and proposed building. The rear addition will have windows and roof forms that will relate to the existing but remain appropriately distinguished from the historic building.
2. That the proposed design will be of a quality and character which harmonizes wit h, and serves to protect the value of, private and public investments in the area.
As described in Finding #1, t he proposal is consistent with the historic design of the building and , when constructed, will be compatible with other Craftsman style buildings in the neighborhood. The building height will be consistent with other structures in the neighborhood.
3. That the proposed design conforms in all significant respects with the Oakland General Plan and with any applicable design review guidelines or criteria, district plan, or development control map which have been adopted by the Planning Commission or City Council.
The site is located in the Neighborhood Center Mixed Use area under the General Plan’s Land Use and Transportation Element (LUTE). The intent of the area is: “to identify, create, maintain and enhance mixed use neighborhood commercial centers. These centers are typically characterized by smaller scale pedestrian -oriented, continuous street frontage with a mix of retail, housing, office, active open space, eating and drinking place, personal and business services, and small scale educational, cultural, or entertainment uses.” The LUTE contains the following Neighborhood Objective: “Provide f or healthy, vital, and accessible commercial areas that help meet local consumer needs in the neighborhoods.” The proposal is consistent with the following LUTE Policies:
• Policy N12.3 Making Day Care Available. High quality day care should be available th roughout Oakland, appropriately sited and designed based on its capacity and attributes. The City should, when appropriate and feasible, require major development projects to provide on and off-site facilities or other means to address potential child care inadequacies and encourage the inclusion of child care centers in major residential and commercial developments near transit centers, community centers, and schools.
• Policy N5.2 Buffering Residential Areas. Residential areas should be buffered and reinf orced from conflicting uses through the establishment of performance -based regulations, the removal of non-conforming uses, and other tools.
• Polciy T2.2 Guiding Transit-Oriented Development. Transit-oriented developments should be pedestrian PLN22189; 5315 College Avenue Page 4
oriented, encourage night and day time use, provide the neighborhood with needed goods and services, contain a mix of land uses, and be designed to be compatible with the character of surrounding neighborhoods.
Section 17.134.050 – General Use Permit Criteria:
1. That the location, size, design, and operating characteristics of the proposed development will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density; to the availability of civic facilities and utilities; to harmful effect, if any, upon desirable neighborhood character; to the g eneration of traffic and the capacity of surrounding streets; and to any other relevant impact of the development.
As described in a traffic analysis prepared for the project, the proposal will not have a harmful effect on traffic or surrounding streets. Nearby residential neighborhoods and adjacent commercial facilities will be buffered from noise produced at the facility by landscaping and walls at the side and rear property lines of the site. The scale of the building will be consistent with other buildings in the neighborhood, and, as conditioned, the proposal will not block traffic or endanger students walking to the center.
2. That the location, design, and site planning of the proposed development will provide a convenient and functional living, working, shopping, or civic environment, and will be as attractive as the nature of the use and its location and setting warrant.
The development will have ample room at the site for playground space and the open floor plan is appropriate for the use of children for play and activities. As described above, the proposed additions are compatible with the Rockridge District and the building.
3. That the pr oposed development will enhance the successful operation of the surrounding area in its basic community functions, or will provide an essential service to the community or region.
The proposal will provide essential childcare services to the community.
4. That the proposal conforms to all applicable design review criteria set forth in the design review procedure at Section 17.136.070.
Design Review Findings, above.
5. That the proposal conforms in all significant respects with the Oakland Comprehensive Plan and with any other applicable plan or development control map which has been adopted by the City Council.
See “General Plan Analysis”, above.
Section 17.33.030 Additional CUP Criteria for the CN-1 Zone
1. That the proposal will not detract from the character desired for the area; The existing building is not amenable to a pedestrian shopping experience because of its Craftsman home design. In particular, including a storefront window and removing the grade separation between the sidewalk and ground floor would not be consistent with the historic design of the building. As such, the proposal to provide ground floor childcare activities will not detract from the area. Further, the pedestrian experience will be improved by bringing activity to the property instead of the office uses that have previously been at the site.
2. That the proposal will not impair a generally continuous wall of building facades; PLN22189; 5315 College Avenue Page 5
The project site is not part of a generally continuous wall of building facades.
3. That the proposal will not weaken the concentration and continuity of retail facilities at ground level, and will not impair the retention or creation of an important shopping frontage; The site is not part of an important shopping frontage because it contains a Craftsman building originally designed as a home. It is setback from the street and not attached to neighboring commercial buildings. The historic above-grade entrance and residential facade is not appropriate for retail uses.
4. That the proposal will not interfere with the movement of people along an important pedestrian street; The proposal will not extent into the sidewalk and will not, therefore, impede pedestrian movement.
5. That the proposal will conform in all significant respects with any applicable district plan which has been adopted by the City Council.
See “General Plan Analysis”, above.
California Government Code Section 65863 (b)(2) No Net Loss Findings
If a city, county, or city and county, by administrative, quasi-judicial, legislative, or other action, allows development of any parcel with fewer units by income category than identified in the jurisdiction’s housing element for that parcel, the city, county, or city and county shall make a written finding supported by substantial evidence as to whether or not remaining sites identified in the housing element are adequate to meet the requirements of Section 65583.2 and to accommodate the jurisdiction’s share of the regional housing need pursuant to Section 65584. The finding shall include a quantification of the remaining unmet need for the jurisdiction’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.
No Net Loss Finding 1: The City of Oakland adopted its current 2023-2031 Housing Element on January 31, 2023. The Housing Element identifies the realistic capacity for housing production throughout the current 2023-2031 Planning Period. This capacity accommodates the Regional Housing Needs Allocation, as well as a buffer, which ensures that if certain identified sites are not developed at the realistic capacity, that there would remain a sufficient numb er of units available to meet Oakland's Housing Needs. (See Housing Element, Appendix C, Table C-2.) For purposes of this finding, the buffer is calculated on a quarterly basis according to progress made during the 2023-2031 Planning Period.
Oakland's remaining lower income regional housing needs assessment is 8,021 dwelling units while Oakland's current capacity is 9,992 lower income units, a surplus of 1,971 units. [“Lower income” includes very low income (VLI) and low income (LI) units.]
Oakland’s remaining moderate income regional housing needs assessment is 4,264 dwelling units, while Oakland's current capacity is 4,993 moderate income units, a surplus of 729 units.
Oakland's remaining above moderate-income regional housing needs assessment is 7,084 dwelling units, while Oakland's current capacity is 16,229 above moderate-income units, a surplus of 9,145 units.
No Net Loss Finding 2: The proposed project is located on a site that is identified in the City of Oakland 2023-2031 Housing Element as a Housing Element Opportunity Site.
( ) YES
(X) NO
No Net Loss Finding 3: The proposed project meets the following criteria.
PLN22189; 5315 College Avenue Page 6
(X ) The proposed project is a non-residential development located on a site that was not identified in the City of Oakland 2023-2031 Housing Element. Therefore, the project has no impact on the City’s housing capacity.
( ) The proposed project includes residential development and is located on a site that was not identified in the City of Oakland 2023-2031 Housing Element. Therefore, the project results in an increase in the City’s housing capacity equal to the total units proposed.
No Net Loss Finding 4: The City of Oakland 2023-2031 Housing Element identifies the following realistic capacity for the site.
Lower income units (VLI/LI): NA__________________
Moderate income units: NA_______________
Above moderate-income units: NA______________
Total units: NA_________________
(X) The proposed project is a non-residential development.
( ) The proposed project includes residential development.
Therefore, an analysis of potential net loss must be made, as documented below.
No Net Loss Finding 5: The proposed project includes the following residential unit count:
Lower income units (VLI/LI): NA __________________
Moderate income units: NA _______________
Above moderate-income units: NA ______________
Total units: NA _________________
The project therefore will result in a net increase or net loss of units as compared to the City’s Housing Element projections as follows
Lower income units (VLI/LI): NA __________________
Moderate income units: NA _______________
Above moderate income units: NA ______________
Total units: NA _________________
PLN22189; 5315 College Avenue Page 7
ATTACHMENT B: CONDITIONS OF APPROVAL
The proposal is hereby approved subject to the following Conditions of Approval:
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, and the approved plans dated 5/2/23, 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 appealable, in which case the Approval shall become effective in ten (10) calendar days unless an appeal is filed. Unless a different termination date is prescribed, this Approval shall expire from the Approval date, or from the date of the final decision in the event of an appeal, unless within such period a complete building permit application has been filed with the Bureau of Building and diligently pursued towards completion, or the authorized activities have commenced in the case of a permit not involving construction or alteration. Upon written request and payment of appropriate fees submitted no later than the expiration date of this Approval, the Director of City Planning or designee may grant a one-year extension of this date, with additional extensions subject to approval by the approving body. 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 for 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, Department of Transportation, 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.
b. 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.
5. Compliance with Conditions of Approval
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 s ole cost and expense, subject to review and approval by the City of Oakland.
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 maximum heights and minimum setbacks. Failure to construct the project PLN22189; 5315 College Avenue Page 8
in accordance with the Approval may result in remedial reconstruction, permit revocation, permit modification, stop work, permit suspension, or other corrective action.
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 s hall 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 sixty (60) days of approval, unless an earlier date is specified elsewhere.
8. Indemnification
a. To the maximum extent permitted by law, the 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’ f ees, expert witness or consultant fees, City Attorney or staff time, 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 to the Office of the City Attorney, which memorializes the above obligations. These obligations and the Joint Defense Letter of Agreement shall survive term ination, 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 Review, 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 without 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 Engineering Services and/or the Bureau of Building, if directed by the Director of Public Works, Building Official, Director of City Planning, Director of Transportation, or designee, prior to the issuance of a construction-related permit and on an ongoing as-needed basis.
PLN22189; 5315 College Avenue Page 9
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, Engineering Services, Department of Transportation, and other City departments as required. Public improvements shall be designed and installed to the satisfaction of the City.
Part 2: Standard Conditions of Approval –Environmental Protection Measures
12. Trash and Blight Removal
Requirement: The project applicant and his/her successors shall maintain the property free of blight, as defined in chapter 8.24 of the Oakland Municipal Code. For nonresidential and mult i-family residential projects, the project applicant shall install and maintain trash receptacles near public entryways as needed to provide sufficient capacity for building users.
When Required: Ongoing
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
13. 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. 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
14. 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 Plan. The Landscape Plan shall be included with the set of PLN22189; 5315 College Avenue Page 10
drawings submitted for the construction-related permit and shall comply with the landscape requirements of chapter 17.124 of the Planning Code. Proposed plants shall be predominantly drought-tolerant.
Specification of any street trees shall comply with the Master Street Tree List and Tree Planting Guidelines (which can be viewed at:
https://www.oaklandca.gov/documents/oakland-street-tree-species-list-august-2023 and https://www.oaklandca.gov/documents/standard-specifications-for-street-tree-planting, respectively), and with any applicable streetscape plan.
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
c. Landscape Maintenance
Requirement: All required planting shall be permanently maintained in good growing condition and, whenever necessary, replaced with new plant materials to ensure continued compliance with applicable landscaping requirements. The property owner shall be responsible for maintaining planting in adjacent public rights-of-way. All req uired fences, walls, and irrigation systems shall be permanently maintained in good condition and, whenever necessary, repaired or replaced.
When Required: Ongoing
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
15. Lighting
Requirement: Proposed new exterior lighting fixtures shall be adequately shielded to a point below the light bulb and reflector to prevent unnecessary glare onto adjacent properties.
When Required: Prior to building permit final
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
16. Dust Controls – Construction Related
Requirement: The project applicant shall implement all of the following applicable dust control measures during construction of the project:
a. Water all exposed surfaces of act ive construction areas at least twice daily. Watering should be sufficient to prevent airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used whenever feasible. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer). c. All visible mud or dirt tra ck-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. Limit vehicle speeds on unpaved roads to 15 miles per hour.
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e. All demolition activities (if any) shall be suspended when average wind speeds exceed 20 mph. f. All trucks and equipment, including tires, shall be washed off prior to leaving the site. g. Site accesses to a distance of 100 feet from the paved road shall be treated with a 6 to 12 inch compacted layer of wood chips, mulch, or gravel.
When Required: During construction
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
17. Criteria Air Pollutant Controls - Construction Related Requirement: The project applicant shall implement all of the following applicable basic control measures for criteria air pollutants during construction of the project as applicable:
a. Idling times on all diesel -fueled commercial vehicles over 10,000 lbs. shall be mini mized either by shutting equipment off when not in use or reducing the maximum idling time to two minutes (as required by the California airborne toxics control measure Title 13, Section 2485, of the California Code of Regulations).
Clear signage to this effect shall be provided for construction workers at all access points. b. Idling times on all diesel- fueled off-road vehicles over 25 horsepower shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to two minutes and fleet operators must develop a written policy as required by Title 23, Section 2449, of the California Code of Regulations (“California Air Resources Board Off-Road Diesel Regulations”). c. All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Equipment check documentation should be kept at the construction site and be available for review by the City and the Bay Area Air Quality District as needed. d. Portable equipment shall be powered by grid electricity if available. If electricity is not available, propane or natural gas generators shall be used if feasible. Diese l engines shall only be used if grid electricity is not available and propane or natural gas generators cannot meet the electrical demand. e. Low VOC (i.e., ROG) coatings shall be used that comply with BAAQMD Regulation 8, Rule 3: Architectural Coatings.
f. All equipment to be used on the construction site shall comply with the requirements of Title 13, Section 2449, of the California Code of Regulations (“California Air Resources Board Off -Road Diesel Regulations”) and upon request by the City (and the Air D istrict if specifically requested), the project applicant shall provide written documentation that fleet requirements have been met.
When Required: During construction
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
18. Asbestos in Structures
Requirement: The project applicant shall comply with all applicable laws and regulations regarding demolition and renovation of Asbestos Containing Materials (ACM), including but not limited to California Code of Regulations, Title 8; California Business and Professions Code, Division 3; California Health and Safety Code sections 25915- 25919.7; and Bay Area Air Quality Management District, Regulation 11, Rule 2, as may be amended. Evidence of compliance shall be submitted to the City upon request.
When Required: Prior to approval of construction-related permit Initial Approval: Applicable regulatory agency with jurisdiction Monitoring/Inspection: Applicable regulatory agency with jurisdiction
19. Archaeological and Paleontological Resources – Discovery During Construction PLN22189; 5315 College Avenue Page 12
Requirement: Pursuant to CEQA Guidelines section 15064.5(f), in the event that any historic or prehistoric subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant shall notify the City and consult with a qualified archaeologist or paleontologist, as applicable, to assess the significance of the find. In the case of discovery of paleontological resources, the assessment shall be done in accordance with the Society of Vertebrate Paleontology standards. If any find is determined to be significant, appropriate avoidance measures recommended by the consultant and approved by the City must be followed unless avoidance is determined unnece ssary or infeasible by the City. Feasibility of avoidance shall be determined with consideration of factors such as the nature of the find, project design, costs, and other considerations.
If avoidance is unnecessary or infeasible, other appropriate measur es (e.g., data recovery, excavation) shall be instituted. Work may proceed on other parts of the project site while measures for the cultural resources are implemented.
In the event of data recovery of archaeological resources, the project applicant shall submit an Archaeological Research Design and Treatment Plan (ARDTP) prepared by a qualified archaeologist for review and approval by the City. The ARDTP is required to identify how the proposed data recovery program would preserve the significant informat ion the archaeological resource is expected to contain. The ARDTP shall identify the scientific/historic research questions applicable to the expected resource, the data classes the resource is expected to possess, and how the expected data classes would address the applicable research questions. The ARDTP shall include the analysis and specify the curation and storage methods. Data recovery, in general, shall be limited to the portions of the archaeological resource that could be impacted by the proposed project. Destructive data recovery methods shall not be applied to portions of the archaeological resources if nondestructive methods are practicable. Because the intent of the ARDTP is to save as much of the archaeological resource as possible, including m oving the resource, if feasible, preparation and implementation of the ARDTP would reduce the potential adverse impact to less than significant. The project applicant shall implement the ARDTP at his/her expense.
In the event of excavation of paleontological resources, the project applicant shall submit an excavation plan prepared by a qualified paleontologist to the City for review and approval. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by a qualified paleontologist, as appropriate, according to current professional standards and at the expense of the project applicant.
When Required: During construction
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
20. Human Remains – Discovery During Construction
Requirement: Pursuant to CEQA Guidelines section 15064.5(e)(1), in the event that human skeletal remains are uncovered at the project site during construction activiti es, all work shall immediately halt and the project applicant shall notify the City and the Alameda County Coroner. If the County Coroner determines that an investigation of the cause of death is required or that the remains are Native American, all work shall cease within 50 feet of the remains until appropriate arrangements are made. In the event that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to subdivision (c) of section 7050.5 of the California Health and Safety Code. If the agencies determine that avoidance is not feasible, then an alternative plan shall be prepared with specific steps and timeframe required to resume construction activities. Monitoring, data recovery, determination of significance, and avoidance measures (if applicable) shall be completed expeditiously and at the expense of the project applicant.
When Required: During construction
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
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 PLN22189; 5315 College Avenue Page 13
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
22. 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 is encouraged to 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:
i. Discharges from indoor f loor mats, equipment, hood filter, wash racks, and, covered outdoor wash racks for restaurants;
ii. Dumpster drips from covered trash, food waste, and compactor enclosures; iii. Discharges from outdoor covered wash areas for vehicles, equipment, and accessories; iv. Swimming pool water, if discharge to on-site vegetated areas is not feasible; and v. Fire sprinkler test water, if discharge to on-site vegetated areas is not feasible.
When Required: Ongoing
Initial Approval: N/A
Monitoring/Inspection: N/A
23. Construction Days/Hours
Requirement: The project applicant shall comply with the following restrictions concerning construction days and hours:
a. Construction activities are limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday, except that pier drilling and/or other extreme noise generating activities greater than 90 dBA shall be limited to between 8:00 a.m. and 4:00 p.m.
b. Construction activities are limited to between 9:00 a.m. and 5:00 p.m. on Saturday. In residential zones and within 300 feet of a residential zone, construction activities are allowed from 9:00 a.m. to 5:00 p.m. only within the interior of the building with the doors and windows closed. No pier drilling or other extreme noise generating activities greater than 90 dBA are allowed on Saturday. c. No construction is allowed on Sunday or federal holidays.
Construction activities include, but are not limited to, truck idling, moving equipment (including trucks, elevators, etc.) or materials, deliveries, and construction meetings held on-site in a non-enclosed area.
Any construction activity proposed outside of the above days and hours for special activities (such as concrete pouring which may require more continuous amounts of time) shall be evaluated on a case -by-case basis by the City, with criteria including the urgency/emergency nature of the work, the proximity of residential or other sensitive uses, and a consideration of nearby residents’/occupants’ preferences . The project applicant shall notify property owners and occupants located within 300 feet at least 14 calendar days prior to construction activity proposed outside of the above days/hours. When submitting a request to the City to allow construction activity outside of the above days/hours, the project applicant shall submit information concerning the type and duration of proposed construction activity and the draft public notice for City review and approval prior to distribution of the public notice.
When Required: During construction
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
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24. Construction Noise
Requirement: The project applicant shall implement noise reduction measures to reduce noise impacts due to construction. Noise reduction measures include, but are not limited to, the following:
a. Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures and acoustically-attenuating shields or shrouds) wherever feasible. b. Except as provided herein, i mpact tools (e.g., jack hammers, pavement breakers, and rock drills) used for project construction shall be hydraulically or electrically powered to avoid noise associated with compressed air exhaust from pneuma tically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used; this muffler can lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselve s shall be used, if such jackets are commercially available, and this could achieve a reduction of 5 dBA. Quieter procedures shall be used, such as drills rather than impact equipment, whenever such procedures are available and consistent with construction procedures.
c. Applicant shall use temporary power poles instead of generators where feasible. d. Stationary noise sources shall be located as far from adjacent properties as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or use other measures as determined by the City to provide equivalent noise reduction.
e. The noisiest phases of construction shall be limited to less than 10 days at a time. Exceptions may be allowed if the City determines an extension is necessary and all available noise reduction controls are implemented.
When Required: During construction
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
25. Extreme Construction Noise
a. Construction Noise Management Plan Required
Requirement: Prior to any extreme noise generating construction activities (e.g., pier drilling, pile driving and other activities generating greater than 90dBA), the project applicant shall submit a Construction Noise Management Plan prepared by a qualified acoustical consultant for City review and approval that contains a set of site-specific noise attenuation measures to further reduce construction impacts associated with extreme noise generating activities. The project applicant shall implement the app roved Plan during construction. Potential attenuation measures include, but are not limited to, the following:
i. Erect temporary plywood noise barriers around the construction site, particularly along on sites adjacent to residential buildings;
ii. Implement “quiet” pile driving technology (such as pre -drilling of piles, the use of more than one pile driver to shorten the total pile driving duration), where feasible, in consideration of geotechnical and structural requirements and conditions;
iii. Utilize noise control blankets on the building structure as the building is erected to reduce noise emission from the site;
iv. Evaluate the feasibility of noise control at the receivers by temporarily improving the noise reduction capability of adjacent buildings by the use of sound blankets for example and implement such measure if such measures are feasible and would noticeably reduce noise impacts; and v. Monitor the effectiveness of noise attenuation measures by taking noise measurements.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Building
Monitoring/Inspection: Bureau of Building
PLN22189; 5315 College Avenue Page 15
b. Public Notification Required
Requirement: The project applicant shall notify property owners and occupants located within 300 feet of the construction activities at least 14 calendar days prior to commencing extreme noise generating activities. Prior to providing the notice, the project applicant shall submit to the City for review and approval the proposed type and duration of extreme noise generating activities and the proposed public notice. The public notice shall provide the estimated start and end dates of the extreme noise generating activities and describe noise attenuation measures to be implemented.
When Required: During construction
Initial Approval: Bureau of Building
Monitoring/Inspection: Bureau of Building
26. Operational Noise
Requirement: Noise levels from the project site after completion of the project (i.e., during project operation) shall comply with the performance standards of chapter 17.120 of the Oakland Planning Code and chapter 8.18 of the Oakland Municipal Code. If noise levels exceed these standards, the activity causing the noise shall be abated until appropriate noise reduction measures have been installed and compliance verified by the City.
When Required: Ongoing
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
27. Capital Improvements Impact Fee
Requirement: The project applicant shall comply with the requirements of the City of Oakland Capital Improvements Fee Ordinance (chapter 15.74 of the Oakland Municipal Code).
When Required: Prior to issuance of building permit
Initial Approval: Bureau of Building
Monitoring/Inspection: N/A
28. 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, sidewalks, bicycle facilities, and bus stops.
When Required: Prior to approval of construction-related permit Initial Approval: Department of Transportation
Monitoring/Inspection: Department of Transportation
b. Traffic Control Plan Required
Requirement: In the event of obstructions to vehicle or bicycle travel lanes, bus stops, or sidewalks, 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 accommodations (or detours, if accommodations are not feasible), including detour signs if required, lane closure procedures, signs, cones for drivers, and designated construction access routes. The Traffic Control Plan shall be in conformance with the City’s Supplemental Design Guidance for Accommodating Pedestrians, Bicyclists, and Bus Facil ities in Construction Zones. The project applicant shall implement the approved Plan during construction.
Initial Approval: Department of Transportation
Monitoring/Inspection: Department of Transportation
PLN22189; 5315 College Avenue Page 16
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 occur 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.
When Required: Prior to building permit final
Initial Approval: N/A
Monitoring/Inspection: Department of Transportation
29. Bicycle Parking
Requirement: The project applicant shall comply with the City of Oakland Bicycle Parking Requirements (chapter
17.118 of the Oakland Planning Code). The project drawings submitted for construction- related permits shall demonstrate compliance with the requirements.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Planning
Monitoring/Inspection: Bureau of Building
30. Transportation Impact Fee
Requirement: The project applicant shall comply with the requirements of the City of Oakland Transportation Impact Fee Ordinance (chapter 15.74 of the Oakland Municipal Code).
When Required: Prior to issuance of building permit
Initial Approval: Bureau of Building
Monitoring/Inspection: N/A
31. Construction and Demolition Waste Reduction and Recycling Requirement: The project applicant shall comply with the City of Oakland Construction and Demolition Waste Reduction and Recycling Ordinance (chapter 15.34 of the Oakland Municipal Code) by submitting a Construction and Demolition Waste Reduction and Recycling Plan (WRRP) for City review and approval, and shall implement the approved WRRP. Projects subject to these requirements include all new construction, renovations/alterations/modifications with construction values of $50,000 or more (except R-3 type construction), and all demolition (including soft demolition) except demolition of type R -3 construction. The WRRP must specify the methods by which the project will divert construction and demolition debris waste from landfill disposal in accordance with current City requirements. The WRRP may be submitted electronically at www.greenhalosystems.com or manually at the City’s Green Building Resource Center. Current standards, FAQs, and forms are available on the City’s website and in the Green Building Resource Center.
When Required: Prior to approval of construction-related permit Initial Approval: Public Works Department, Environmental Services Division Monitoring/Inspection: Public Works Department, Environmental Services Division
32. Underground Utilities
Requirement: The project applicant shall place underground all new utilities serving the project and under the control of the project applicant and the City, including all new gas, electric, cable, and telephone facilities, fire alarm conduits, street light wiring, and other wiring, conduits, and similar facilities. The new facilities shall be placed underground along the project’s street frontage and from the project structures to the point of service. Utilities under the control of other agencies, such as PG&E, shall be placed underground if feasible. All utilities shall be installed in accordance with standard specifications of the serving utilities.
When Required: During construction
PLN22189; 5315 College Avenue Page 17
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
33. Recycling Collection and Storage Space
Requirement: The project applicant shall comply with the C ity of Oakland Recycling Space Allocation Ordinance (chapter 17.118 of the Oakland Planning Code). The project drawings submitted for construction-related permits shall contain recycling collection and storage areas in compliance with the Ordinance. For residential projects, at least two (2) cubic feet of storage and collection space per residential unit is required, with a minimum of ten (10) cubic feet.
For nonresidential projects, at least two (2) cubic feet of storage and collection space per 1,000 square feet of building floor area is required, with a minimum of ten (10) cubic feet.
When Required: Prior to approval of construction-related permit Initial Approval: Bureau of Planning
Monitoring/Inspection: Bureau of Building
34. Employee Rights
Requirement: The project applicant and business owners in the project shall comply with all state and federal laws regarding employees’ right to organize and bargain collectively with employers and shall comply with the City of Oakland Minimum Wage Ordinance (chapter 5.92 of the Oakland Municipal Code).
When Required: Ongoing
Initial Approval: N/A
Monitoring/Inspection: N/A
35. Public Art for Private Development
Requirement: The project is subject to the City’s Public Art Requirements for Private Development, adopted by Ordinance No. 13275 C.M.S. (“Ordinance”). The public art contribution requirements are equivalent to one -half percent (0.5%) for the “residential” building development costs, and one percent (1.0%) for the “non- residential” building development costs.
The contribution requirement can be met through: 1) the installation of freely accessible art at the site; 2) the installation of freely accessible art within one -quarter mile of the site; or 3) satisfaction of alternative compliance methods de scribed in the Ordinance, including, but not limited to, payment of an in- lieu fee contribution. The applicant shall provide proof of full payment of the in-lieu contribution and/or provide plans, for review and approval by the Planning Director, showing the installation or improvements required by the Ordinance prior to issuance of a building permit.
Proof of installation of artwork, or other alternative requirement, is required prior to the City’s issuance of a final certificate of occupancy for each phase of a project unless a separate, legal binding instrument is executed ensuring compliance within a timely manner subject to City approval.
When Required: Payment of in-lieu fees and/or plans showing fulfillment of public art requirement – Prior to Issuance of Building permit
Installation of art/cultural space – Prior to Issuance of a Certificate of Occupancy Initial Approval: Bureau of Planning
Monitoring/Inspection: Bureau of Building
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Part 3: Project Specific Conditions of Approval
36. Transportation Plan
Requirement: The applicant shall submit and have approved a transportation plan to limit traffic disruption on College Avenue and assure the safety of students and other patrons on the business. The plan shall include:
A. Two passenger loading areas in front of the parcel for the use of dropping off and pickup up students during peak hours.
B. A plan to stagger drop off times during morning peak hours to reduce congestion in front of the site.
C. An advertised carpool program to be included in literature for parent/guardians.
D. A crossing guard at the intersection of College and Bryant Avenues during peak hours to assist in street crossing and assure that drop off is not creating double parking on College Avenue.
E. A review and inspection by the Bureau of Planning and the Department of Transportation after six and twelve months of operation to assure the center is adhering to the transportation plan.
When Required: Prior to Issuance of Building Permit
Initial Approval: Bureau of Planning/Department of Transportation Monitoring/Inspection: Bureau of Building
37. Window Details
Requirement: The applicant shall submit and have approved details of the windows, including cross sections. The plans shall show the windows having the same trim, sill, and recess, as the existing windows.
When Required: Prior to Issuance of Building Permit
Initial Approval: Bureau of Planning
Monitoring/Inspection: Bureau of Building
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.
__________________________________
Name of Project Applicant
__________________________________
Signature of Project Applicant
__________________________________
Date