1 STANDARD CONDITIONS OF APPROVAL /
MITIGATION MONITORING AND REPORTING PROGRAM
This Standard Condition of Approval / Mitigation Monitoring and Reporting Program (SCA/MMRP) was formulated based on the findings of the Environmental Impact Report (EIR) prepared for the Downtown Oakland Specific Plan in the city of Oakland. This SCA/MMRP is in compliance with Section 15097 of the CEQA Guidelines, which requires that the Lead Agency “adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects.” The SCA/MMRP table below lists the applicable Standard Conditions of Approval (SCAs) and mitigation measures identified in the Downtown Oakland Specific Plan EIR as necessary to mitigate potentially significant impacts. Each mitigation measure is notated by its relevant environmental topic within the EIR. For example, Mitigation Measure HIST-1 is the first mitigation measure identified by the EIR in Section E, Cultural and Historic Resources.
The first column of the SCA/MMRP table identifies the Standard Condition of Approval and/or Mitigation Measure. The second column identifies implementation action and responsibility, the third column identifies the monitoring schedule or timing, and the fourth column names the party responsible for monitoring and the required monitoring action. The fifth column provides a place to record compliance with monitor dates and initials. These last columns will be used by the City to ensure that individual mitigation measures are monitored.
Resolution - Exhibit B, Attachment A
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A. Land Use and Planning
Implementation of the project would not result in any significant land use impacts.
B. Traffic and Transportation
Mitigation Measure TRANS-1: The Specific Plan shall
include an implementation measure that requires the
City of Oakland as part of the planning and design
process for bicycle or transit improvements to
collaborate with AC Transit and other stakeholders to
address multimodal impacts on streets and corridors
where both low stress bike facilities and bus-only lanes are being considered. that The Plan shall establish the prioritized transportation modes; consider the corridor’s physical characteristics and expected land use;
incorporate input from the community; evaluate multi-
modal safety, travel markets, transportation and land
use compatibility, and stakeholder inputs; and identify.
The design features that support the prioritized
transportation modes prior to beginning final design.
Responsible Party:
Department of
Transportation
Action: Prepare a
multimodal plan prior to
installing low stress bike
facilities on streets that
may also have bus-only
lanes.
On-going as low
stress bicycle
facilities are
designed and
implemented
where bus-only
lanes may also be
planned.
Department of
Transportation
Mitigation Measure TRANS-2: The Specific Plan shall
include an implementation measure that requires the
City of Oakland within the near-term (1 to 5 years) to
undertake and complete a Diagnostic Study as outlined
in SCA-TRANS-7: Railroad Crossing (#80) to identify and implement the suite of improvements to enhance multi-
modal safety along the railroad tracks including the
elements necessary for a Quiet Zone through Jack
London District. The study shall identify the schedule
and potential funding for implementing the suite of
improvements resulting from the study and the City as
the lead agency would design and construct the
improvements, relying on outside agency funding. Any
proposed improvements must be coordinated with
California Public Utility Commission (CPUC) and affected railroads; all necessary permits/approvals must be
obtained, including a GO 88-B Request (Authorization to
Responsible Party:
Department of
Transportation
Action: In collaboration
with the California Public
Utilities Commission
(CPUC) and the railroad
prepare a railroad
diagnostic study for the
railroad corridor through
Jack London District.
Three years Department of
Transportation shall:
a) Allocate funding in the
upcoming budget cycle
b) Verify that the
diagnostic study was
completed
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Alter Highway Rail Crossings).
Mitigation Measure TRANS-3: No other feasible
mitigation measures, beyond TDM measures, are
available to reduce the effect development under the
Specific Plan would have on the adversely affected
roadway segments.
Responsible Party:
Applicants of individual
projects.
Action: Monitor TDM
effectiveness for individual
projects as prescribed in
the COAs and described in
the Transportation Impact
Review Guidelines (TIRG).
On-going as
development
occurs.
Bureau of Building and
Bureau of Planning
Verify TDM monitoring
was completed per the
COAs and that actions
required by the TDM
monitoring are
implemented.
Cumulative Mitigation Measure TRANS-1: Implement
Impact TRANS-2.
Cumulative Mitigation Measure TRANS-2: No other
feasible mitigation measures, beyond TDM measures,
are available to reduce the effect development under the Specific Plan would have on the adversely affected
roadway segments.
SCA-TRANS-1: Construction Management Plan (#13)
Prior to issuance of a demolition, grading, or building permit.
Requirement: Prior to the issuance of the first
construction-related permit, the project applicant and
his/her general contractor shall submit a Construction
Management Plan (CMP) for review and approval by the
Bureau of Planning, Bureau of Building, and other
relevant City departments such as the Fire Department,
Department of Transportation, and the Public Works
Department as directed. The CMP shall contain
measures to minimize potential construction impacts
including measures to comply with all construction-
related Conditions of Approval (and mitigation measures
N/A N/A N/A
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if applicable) such as dust control, construction
emissions, hazardous materials, construction
days/hours, construction traffic control, waste reduction and recycling, stormwater 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
SCA-TRANS-2: Construction Activity in the Public
Right-of-Way (#75)
Prior to issuance of a demolition, grading, or building permit.
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.
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 a. Department of
Transportation
b. Department of
Transportation
c. N/A
a. Prior to approval
of construction-
related permit
b. Prior to approval
of construction-
related permit
c. Prior to building
permit final
a. Department of
Transportation
b. Department of
Transportation
c. Department of
Transportation
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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
Facilities in Construction Zones. The project applicant shall implement the approved Plan during construction.
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.
SCA-TRANS-3: Bicycle Parking (#76)
Prior to issuance of a demolition, grading, or building permit.
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.
SCA-TRANS-4: Transportation Improvements (#77)
Prior to issuance of a demolition, grading, or building permit.
Requirement: The project applicant shall implement the
recommended on- and off-site transportation-related
improvements contained within the Transportation
Impact Review for the project (e.g., signal timing
adjustments, restriping, signalization, traffic control devices, roadway reconfigurations, transportation
demand management measures, and transit, pedestrian
and bicyclist amenities). The project applicant is
responsible for funding and installing the improvements Bureau of Building;
Department of
Transportation
Prior to building
permit final or as
otherwise specified
Bureau of Building
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and shall obtain all necessary permits and approvals
from the City and/or other applicable regulatory
agencies such as, but not limited to, Caltrans (for
improvements related to Caltrans facilities) and the
California Public Utilities Commission (for improvements related to railroad crossings), prior to installing the improvements. To implement this measure for
intersection modifications, the project applicant shall submit Plans, Specifications, and Estimates (PS&E) to the City for review and approval. All elements shall be
designed to applicable City standards in effect at the
time of construction and all new or upgraded signals
shall include these enhancements as required by the
City. All other facilities supporting vehicle travel and alternative modes through the intersection shall be
brought up to both City standards and ADA standards
(according to Federal and State Access Board guidelines) at the time of construction. Current City Standards call for, among other items, the elements listed below:
a. 2070L Type Controller with cabinet accessory
b. GPS communication (clock)
c. Accessible pedestrian crosswalks according to
Federal and State Access Board guideline with
signals (audible and tactile)
d. Countdown pedestrian head module switch out
e. City Standard ADA wheelchair ramps
f. Video detection on existing (or new, if required)
g. Mast arm poles, full activation (where applicable)
h. Polara Push buttons (full activation)
i. Bicycle detection (full activation)
j. Pull boxes
k. Signal interconnect and communication with
trenching (where applicable), or through existing
conduit (where applicable), 600 feet maximum
l. Conduit replacement contingency
m. Fiber switch
n. PTZ camera (where applicable)
o. Transit Signal Priority (TSP) equipment consistent
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with other signals along corridor
p. Signal timing plans for the signals in the
coordination group
q. By-directional curb ramps (where feasible, and if
project is on a street corner)
r. Upgrade ramps on receiving curb (where feasible,
and if project is on a street corner)
SCA-TRANS-5: Transportation and Parking Demand
Management (#78)
Prior to issuance of a final inspection of the building permit.
a. Transportation and Parking Demand Management
(TDM) Plan Required
Requirement: The project applicant shall submit a
Transportation and Parking Demand Management (TDM)
plan for review and approval by the City.
i. The goals of the TDM Plan shall be the following:
• Reduce vehicle traffic and parking demand
generated by the project to the maximum extent
practicable.
• Achieve the following project vehicle trip
reductions (VTR):
o Projects generating 50 to 99 net new AM or
PM peak hour vehicle trips: 10% VTR.
o Projects generating 100 or more net new AM
or PM peak hour vehicle trips: 20% VTR.
• Increase pedestrian, bicycle, transit, and
carpool/vanpool modes of travel. All four modes
of travel shall be considered, as appropriate.
• Enhance the City’s transportation system,
consistent with City policies and programs.
ii. TDM Plan should include the following:
• Baseline existing conditions of parking and
curbside regulations within the surrounding
neighborhood that could affect the effectiveness
of TDM strategies, including inventory of parking
space and occupancy if applicable.
a. Bureau of Planning
b. Bureau of Building
c. Department of
Transportation
a. Prior to approval
of planning
application
b. Prior to building
permit final
c. Ongoing
a. N/A
b. Bureau of Building
c. Department of
Transportation
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• Proposed TDM strategies to achieve VTR goals
(see below).
iii. For employers with 100 or more employees at the
subject site, the TDM Plan shall also comply with the
requirements of the Oakland Municipal Code Chapter
10.68 Employer-Based Trip Reduction Program.
iv. The following TDM strategies must be incorporated
into a TDM Plan based on a project location or other
characteristics. When required, these mandatory
strategies should be identified as a credit toward a
project’s VTR.
v. Other TDM strategies to consider include, but are not limited to, the following:
• Inclusion of additional long term and short-term
bicycle parking that meets the design standards
set forth in chapter five of the Bicycle Master Plan,
and Bicycle Parking Ordinance (chapter 17.117 of
the Oakland Planning Code), and shower and
locker facilities in commercial developments that
exceed the requirement.
• Construction of and/or access to bikeways per
the Bicycle Master Plan; construction of priority
Bikeway Projects, on-site signage and bike lane
striping.
• Installation of safety elements per the Pedestrian
Master Plan (such as cross walk striping, curb
ramps, count-down signals, bulb outs, etc.) to
encourage convenient and safe crossing at
arterials, in addition to safety elements required
to address safety impacts of the project.
• Installation of amenities such as lighting, street
trees, trash receptacles per the Pedestrian Master
Plan Update, the Master Street Tree List and Tree
Planning Guidelines (which can be viewed at
http://www2.oaklandnet.com/oakca1/groups/pw
a/documents/report/oak042662.pdf and
http://www2.oaklandnet.com/oakca1/groups/pw
a/documents/form/oak025595.pdf respectively)
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and any applicable streetscape plan.
• Construction and development of transit
stops/shelters, pedestrian access, way finding
signage, and lighting around transit stops per
transit agency plans or negotiated improvements.
• Direct on-site sales of transit passes purchased
and sold at a bulk group rate (through programs
such as AC Transit Easy Pass or a similar program
through another transit agency).
• Provision of a transit subsidy to employees or
residents, determined by the project sponsor and
subject to review by the City, if the employees or
residents use transit or commute by other
alternative modes.
• Provision of an ongoing contribution to service to
the area between the project and nearest mass
transit station prioritized as follows: 1)
Contribution to AC Transit bus service; 2)
Contribution to an existing area shuttle or
streetcar service; and 3) Establishment of new
shuttle service. The amount of contribution (for
any of the above scenarios) would be based upon
the cost of establishing new shuttle service
(Scenario3).
• Guaranteed ride home program for employees,
either through 511.org or through separate
program.
• Pre-tax commuter benefits (commuter checks) for
employees.
• Free designated parking spaces for on-site car-
sharing program (such as City Car Share, Zip Car,
etc.) and/or car-share membership for employees
or tenants.
• Onsite carpooling and/or vanpooling program
that includes preferential (discounted or free)
parking for carpools and vanpools.
• Distribution of information concerning alternative
transportation options.
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• Parking spaces sold/leased separately for
residential units. Charge employees for parking
or provide a cash incentive or transit pass
alternative to a free parking space in commercial
properties.
• Parking management strategies; including
attendant/valet parking and shared parking
spaces.
• Requiring tenants to provide opportunities and
the ability to work off-site.
• Allow employees or residents to adjust their work
schedule in order to complete the basic work
requirement of five eight-hour workdays by
adjusting their schedule to reduce vehicle trips to
the worksite (e.g., working four, ten-hour days;
allowing employees to work from home two days
per week).
• Provide or require tenants to provide employees
with staggered work hours involving a shift in the
set work hours of all employees at the workplace
or flexible work hours involving individually
determined work hours.
The TDM Plan shall indicate the estimated VTR for each
strategy proposed based on published research or
guidelines where feasible. For TDM Plans containing
ongoing operational VTR strategies, the Plan shall
include an ongoing monitoring and enforcement
program to ensure the Plan is implemented on an
ongoing basis during project operation. If an annual
compliance report is required, as explained below, the
TDM Plan shall also specify the topics to be addressed in the annual report.
b. TDM Implementation – Physical Improvements
Requirement: For VTR strategies involving physical
improvements, the project applicant shall obtain the
necessary permits/approvals from the City and install
the improvements prior to the completion of the
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project.
c. TDM Implementation – Operational
Improvements
Requirement: For projects that generate 100 or more
net new AM or PM peak hour vehicle trips and contain
ongoing operational VTR strategies, the project
applicant shall submit an annual compliance report for
the first 5 years following completion of the project (or completion of each phase for phased projects) for
review and approval by the City. The annual report shall document the status and effectiveness of the TDM
program, including the actual VTR achieved by the
project during operation. If deemed necessary, the City may elect to have a peer review consultant, paid for by the project applicant, review the annual report. If timely reports are not submitted and/or the annual reports
indicate that the project applicant has failed to
implement the TDM Plan, the project will be considered
in violation of the Conditions of Approval and the City may initiate enforcement action as provided for in these Conditions of Approval. The project shall not be
considered in violation of this Condition if the TDM Plan is implemented but the VTR goal is not achieved.
SCA-TRANS-6: Transportation Impact Fee (#79)
Prior to issuance of a demolition, grading, or building permit.
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).
SCA-TRANS-7: Railroad Crossings (#80)
Prior to issuance of a demolition, grading, or building permit.
Requirement: The project applicant shall submit for City review and approval a Diagnostic Review to evaluate
potential impacts to at-grade railroad crossings
resulting from project-related traffic. In general, the major types of impacts to consider are collisions
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between trains and vehicles, trains and pedestrians, and trains and bicyclists. The Diagnostic Review shall include specific traffic elements, such as roadway and rail
description, accident history, traffic volumes (all modes, including pedestrian and bicyclist crossing movements), train volumes, vehicular speeds, train speeds, and
existing rail and traffic control.
Where the Diagnostic Review identifies potentially
substantially dangerous crossing conditions at at-grade railroad crossings caused by the project, measures
relative to the project’s traffic contribution to the
crossings shall be applied through project redesign
and/or incorporation of the appropriate measures to
reduce potential adverse impacts at the crossings.
These measures may include, without limitation, the
following:
a. Installation of grade separations at crossings, i.e., physically separating roads and railroad tracks by
constructing overpasses or underpasses
b. Improvements to warning devices at existing
highway rail crossings that are impacted by project
traffic
c. Installation of additional warning signage
d. Improvements to traffic signaling at intersections
adjacent to crossings, e.g., signal preemption
e. Installation of median separation to prevent
vehicles from driving around railroad crossing gates
f. Where sound walls, landscaping, buildings, etc.
would be installed near crossings, maintaining the
visibility of warning devices and approaching trains
g. Prohibition of parking within 100 feet of the
crossings to improve the visibility of warning
devices and approaching trains
h. Construction of pull-out lanes for buses and
vehicles transporting hazardous materials
i. Installation of vandal-resistant fencing or walls to limit the access of pedestrians onto the railroad
right-of-way
j. Elimination of driveways near crossings
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k. Increased enforcement of traffic laws at crossings
l. Rail safety awareness programs to educate the
public about the hazards of highway-rail grade
crossings
Any proposed improvements must be coordinated with
California Public Utility Commission (CPUC) and affected railroads and all necessary permits/approvals obtained, including a GO 88-B Request (Authorization to Alter
Highway Rail Crossings). The project applicant shall
implement the approved measures during construction
of the project.
SCA-TRANS-8: Plug-In Electric Vehicle (PEV) Charging
Infrastructure (#81)
Prior to issuance of a demolition, grading, or building permit.
a. PEV-Ready Parking Spaces
Requirement: The applicant shall submit, for review and approval of the Building Official and the Zoning
Manager, plans that show the location of parking spaces equipped with full electrical circuits designated for
future PEV charging (i.e. “PEV-Ready) per the
requirements of Chapter 15.04 of the Oakland Municipal
Code. Building electrical plans shall indicate enough
electrical capacity to supply the required PEV-Ready
parking spaces.
b. PEV-Capable Parking Spaces
Requirement: The applicant shall submit, for review and approval of the Building Official, plans that show the
location of inaccessible conduit to supply PEV-capable
parking spaces per the requirements of Chapter 15.04
of the Oakland Municipal Code. Building electrical plans shall indicate enough electrical capacity to supply the required PEV-capable parking spaces.
c. ADA-Accessible Spaces
Requirement: The applicant shall submit, for review and approval of the Building Official, plans that show the
location of future accessible EV parking spaces as
required under Title 24 Chapter 11B Table 11B-
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228.3.2.1, and specify plans to construct all future
accessible EV parking spaces with appropriate grade,
vertical clearance, and accessible path of travel to allow installation of accessible EV charging station(s).
C. Air Quality
Mitigation Measure AIR-1: Reduce Operational
Emissions. Proposed projects that would exceed the
current BAAQMD’s screening criteria for operational
criteria air pollutant emissions shall retain a qualified air quality consultant to quantify criteria air pollutant
emissions and identify measures, as needed, to reduce
the project's average daily emissions below 54 pounds
per day for ROG, NOx, and PM2.5 and 82 pounds per day
for PM10, and reduce the maximum annual emissions
below 10 tons per year for ROG, NOx, and PM2.5 and 15
tons per year for PM10. Quantified emissions and
identified reduction measures shall be submitted to the City (and the Air District if specifically requested) for review and approval prior to the issuance of building
permits. Such measures may include, but are not limited to, the following:
▪ For any proposed refrigerated warehouses or large
(greater than 20,000 square feet) grocery retailers,
provide electrical hook-ups for diesel trucks with
Transportation Refrigeration Units at the loading
docks.
▪ Use low- and super-compliant VOC architectural
coatings in building construction and when
maintaining buildings. “Low-VOC” refers to paints that
meet the more stringent regulatory limits in South
Coast Air Quality Management District Rule 1113;
however, many manufacturers have reformulated to
levels well below these limits. These are referred to as “Super-Compliant” architectural coatings.
▪ Other measures that are shown to effectively reduce
criteria air pollutant emissions on-site or off-site if emissions reductions are realized within the SFBAAB.
Measures to reduce emissions on-site are preferable
to off-site emissions reductions.
Project Sponsor Prior to the
issuance of
building permits
Bureau of Building
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The feasibility or effectiveness of Mitigation Measure
AIR-1 is unknown at this time. Therefore, impacts
associated with implementation of the Specific Plan and reasonably foreseeable development expected to occur
in the Plan Area over the next 20 years would be
conservatively significant and unavoidable with
mitigation. It should be noted that most future
development projects in the Plan Area are not expected
to exceed the BAAQMD’s operational screening criteria
(Table V.C-5, as updated by the BAAQMD) and therefore
the identification of this significant impact does not
preclude the finding of future less-than-significant
impacts for subsequent projects that comply with
applicable screening criteria or meet the City’s
significance thresholds for operational emissions of
criteria air pollutants. It should also be noted that if a future development project exceeds the City’s
significance thresholds for operational emissions of
criteria air pollutants after implementation of Mitigation Measure AIR-1, the emissions could substantially
contribute to and exacerbate existing air quality
conditions in the region (specifically ozone), but unlike TACs would generally not pose a health risk that is
specific to the local community.
SCA-AIR-1: Dust Controls – Construction Related
(#20)
Applicable To: All projects involving construction
activities.
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 active 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.
N/A
During
construction
Bureau of Building
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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 track-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.
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.
[Enhanced Controls: All "Basic" controls listed above
plus the following controls if the project involves:
Extensive site preparation (i.e., the construction site is four acres or more in size); or Extensive soil transport (i.e., 10,000 or more cubic yards of soil import/export).] h) Apply and maintain vegetative ground cover (e.g.,
hydroseed) or non-toxic soil stabilizers to disturbed
areas of soil that will be inactive for more than one
month. Enclose, cover, water twice daily, or apply
(non-toxic) soil stabilizers to exposed stockpiles
(dirt, sand, etc.).
i) Designate a person or persons to monitor the dust
control program and to order increased watering,
as necessary, to prevent transport of dust off-site.
Their duties shall include holidays and weekend
periods when work may not be in progress.
j) When working at a site, install appropriate wind
breaks (e.g., trees, fences) on the windward side(s)
of the site, to minimize wind-blown dust.
Windbreaks must have a maximum 50 percent air
porosity.
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k) Post a publicly visible large on-site sign that
includes the contact name and phone number for
the project complaint manager responsible for
responding to dust complaints and the telephone
numbers of the City’s Code Enforcement unit and
the Bay Area Air Quality Management District. When
contacted, the project complaint manager shall
respond and take corrective action within 48 hours.
l) All exposed surfaces shall be watered at a
frequency adequate to maintain minimum soil
moisture of 12 percent. Moisture content can be
verified by lab samples or moisture probe.
SCA-AIR-2: Criteria Air Pollutant Controls –
Construction Related (#21)
Applicable To: All projects involving construction
activities.
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 minimized 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
Basic Controls: N/A
Enhanced Controls: Bureau
of Planning
Basic
Controls:
During
construction
Enhanced Controls:
Prior to issuance of
a construction-
related permit
Basic Controls: Bureau of
Building
Enhanced Controls:
Bureau of Planning
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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. Diesel 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 District if specifically requested), the project
applicant shall provide written documentation that
fleet requirements have been met.
[Enhanced Controls: All "Basic" controls listed above
plus the following controls if the project involves:
Construction activities with average daily emissions
exceeding the CEQA thresholds for construction activity, currently 54 pounds per day of ROG, NOx, or PM2.5 or
82 pounds per day of PM10. In most cases, criteria
pollutants from construction will not require SCA
measures, but analysis must be performed to determine
applicability for projects that exceed 100,000 square
feet of non-residential development or 200 residential
dwelling units.
a) Criteria Air Pollutant Reduction Measures
Requirement: The project applicant shall retain a
qualified air quality consultant to identify criteria air pollutant reduction measures to reduce the project's
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average daily emissions below 54 pounds per day of
ROG, NOx, or PM2.5 or 82 pounds per day of PM10.
Quantified emissions and identified reduction measures
shall be submitted to the City (and the Air District if specifically requested) for review and approval prior to the issuance of building permits and the approved
criteria air pollutant reduction measures shall be
implemented during construction.
b) Construction Emissions Minimization Plan
Requirement: The project applicant shall prepare a
Construction Emissions Minimization Plan (Emissions
Plan) for all identified criteria air pollutant reduction measures. The Emissions Plan shall be submitted to the
City (and the Air District if specifically requested) for review and approval prior to the issuance of building
permits. The Emissions Plan shall include the following:
i. An equipment inventory summarizing the type of off-
road equipment required for each phase of
construction, including the equipment manufacturer,
equipment identification number, engine model year,
engine certification (tier rating), horsepower, and
engine serial number. For all Verified Diesel
Emissions Control Strategies (VDECS), the equipment
inventory shall also include the technology type,
serial number, make, model, manufacturer, CARB
verification number level, and installation date.
ii. A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and
acknowledges that a significant violation of the
Emissions Plan shall constitute a material breach of
contract.
c) Construction Emissions Minimization Plan (if
required by a above)
Requirement: The project applicant shall prepare a
Construction Emissions Minimization Plan (Emissions
Plan) for all identified DPM reduction measures (if any).
The Emissions Plan shall be submitted to the City (and
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for review and approval prior to the issuance of building permits. The Emissions Plan shall include the following:
i. An equipment inventory summarizing the type of
off-road equipment required for each phase of
construction, including the equipment
manufacturer, equipment identification number,
engine model year, engine certification (tier rating),
horsepower, and engine serial number. For all
VDECS, the equipment inventory shall also include
the technology type, serial number, make, model,
manufacturer, CARB verification number level, and
installation date.
A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges
that a significant violation of the Emissions Plan shall constitute a material breach of contract.
SCA-AIR-3: Diesel Particulate Matter Controls-
Construction Related (#22)
Applicable To: All projects involving construction
activities involving greater than 100 dwelling units or 50,000 square feet of non-residential floor area OR for any project involving construction activities involving greater than 50 dwelling units or 25,000 square feet of non-residential floor area for any area defined as
needing “Best Practices” or needing “Further Study” on
the BAAQMD Healthy Places Map
(http://www.baaqmd.gov/plans-and- climate/planning-
healthy-places) which are typically within 1000 feet of a freeway or along major thoroughfares.
a) Diesel Particulate Matter Reduction Measures
Requirement: The project applicant shall implement
appropriate measures during construction to reduce
potential health risks to sensitive receptors due to
exposure to diesel particulate matter (DPM) from
construction emissions. The project applicant shall
choose one of the following methods:
i. The project applicant shall retain a qualified air
quality consultant to prepare a Health Risk
a. Bureau of Planning
b. Bureau of Planning
a. Prior to issuance
of a construction
related permit (i),
during
construction (ii)
b. Prior to issuance
of a construction
related permit
a. Bureau of Building
b. Bureau of Building
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Assessment (HRA) in accordance with current
guidance from the California Air Resources Board
(CARB) and Office of Environmental Health and
Hazard Assessment to determine the health risk to
sensitive receptors exposed to DPM from project
construction emissions. The HRA shall be submitted
to the City (and the Air District if specifically
requested) for review and approval. If the HRA
concludes that the health risk is at or below
acceptable levels, then DPM reduction measures are
not required. If the HRA concludes that the health
risk exceeds acceptable levels, DPM reduction
measures shall be identified to reduce the health
risk to acceptable levels as set forth under
subsection b below. Identified DPM reduction
measures shall be submitted to the City for review
and approval prior to the issuance of building
permits and the approved DPM reduction measures
shall be implemented during construction.
-or-
ii. All off-road diesel equipment shall be equipped with the most effective Verified Diesel Emission Control
Strategies (VDECS) available for the engine type (Tier
4 engines automatically meet this requirement) as
certified by CARB. The equipment shall be properly
maintained and tuned in accordance with
manufacturer specifications. This shall be verified
through an equipment inventory submittal and
Certification Statement that the Contractor agrees to
compliance and acknowledges that a significant
violation of this requirement shall constitute a
material breach of contract.
b) Construction Emissions Minimization Plan (if
required by a above)
Requirement: The project applicant shall prepare a
Construction Emissions Minimization Plan (Emissions
Plan) for all identified DPM reduction measures (if any).
The Emissions Plan shall be submitted to the City (and
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for review and approval prior to the issuance of building permits. The Emissions Plan shall include the following:
i. An equipment inventory summarizing the type of
off-road equipment required for each phase of
construction, including the equipment
manufacturer, equipment identification number,
engine model year, engine certification (tier rating),
horsepower, and engine serial number. For all
VDECS, the equipment inventory shall also include
the technology type, serial number, make, model,
manufacturer, CARB verification number level, and
installation date.
ii. A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and
acknowledges that a significant violation of the
Emissions Plan shall constitute a material breach of
contract.
SCA-AIR-4: Exposure to Air Pollution (Toxic Air
Contaminants) (#23)
Applicable To: All projects that meet all of the following criteria:
a) The project involves any of the following sensitive
land uses:
i. Residential uses (new dwelling units, excluding
secondary units); or
ii. New or expanded schools, daycare centers,
parks, nursing homes, or medical facilities; and
b) The project is located within 1,000' (or other
distance as specified below) of one or more of the
following sources of air pollution:
i. Freeway;
ii. Roadway with significant traffic (at least 10,000
vehicles/day);
iii. Rail line (except BART) with over 30 trains per
day;
iv. Distribution center that accommodates more
than 100 trucks per day, more than 40 trucks
with operating Transportation Refrigeration
a. Bureau of Planning
b. N/A
a. Prior to approval
of construction-
related permit
b. Ongoing
a. Bureau of Building
b. Bureau of Building
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Units (TRU) per day, or where the TRU unit
operations exceed 300 hours per week;
v. Major rail or truck yard (such as the Union
Pacific rail yard adjacent to the Port of Oakland);
vi. Ferry terminal;
vii. Stationary pollutant source requiring a permit
from BAAQMD (such as a diesel generator);
viii. Within 0.5 miles of the Port of Oakland or
Oakland Airport;
ix. Within 300 feet of a gas station; or
x. Within 300 feet of a dry cleaner with a machine
using PERC (or within 500 feet of a dry cleaner
with two or more machines using PERC); and
c) The project exceeds the health risk screening
criteria after a screening analysis is conducted in
accordance with the Bay Area Air Quality
Management (BAAQMD) CEQA Guidelines.
a) Health Risk Reduction Measures
Requirement: The project applicant shall incorporate
appropriate measures into the project design in order to reduce the potential health risk due to exposure to toxic air contaminants. The project applicant shall choose one of the following methods:
i. The project applicant shall retain a qualified air
quality consultant to prepare a Health Risk
Assessment (HRA) in accordance with California Air
Resources Board (CARB) and Office of Environmental
Health and Hazard Assessment requirements to
determine the health risk of exposure of project
residents/occupants/users to air pollutants. The HRA
shall be submitted to the City for review and
approval. If the HRA concludes that the health risk is
at or below acceptable levels, then health risk
reduction measures are not required. If the HRA
concludes that the health risk exceeds acceptable
levels, health risk reduction measures shall be
identified to reduce the health risk to acceptable
levels. Identified risk reduction measures shall be
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submitted to the City for review and approval and be
included on the project drawings submitted for the
construction-related permit or on other
documentation submitted to the City.
- or -
ii. The project applicant shall incorporate the following health risk reduction measures into the project.
These features shall be submitted to the City for
review and approval and be included on the project
drawings submitted for the construction-related
permit or on other documentation submitted to the
City:
▪ Installation of air filtration to reduce cancer risks and Particulate Matter (PM) exposure for residents
and other sensitive populations in the project that
are in close proximity to sources of air pollution.
Air filter devices shall be rated MERV-13 [insert
MERV-16 for projects located in the West Oakland
Specific Plan area] or higher. As part of
implementing this measure, an ongoing
maintenance plan for the building’s HVAC air
filtration system shall be required.
▪ Where appropriate, install passive electrostatic
filtering systems, especially those with low air
velocities (i.e., 1 mph).
▪ Phasing of residential developments when
proposed within 500 feet of freeways such that
homes nearest the freeway are built last, if
feasible.
▪ The project shall be designed to locate sensitive
receptors as far away as feasible from the
source(s) of air pollution. Operable windows,
balconies, and building air intakes shall be located
as far away from these sources as feasible. If near
a distribution center, residents shall be located as
far away as feasible from a loading dock or where
trucks concentrate to deliver goods.
▪ Sensitive receptors shall be located on the upper
floors of buildings, if feasible.
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▪ Planting trees and/or vegetation between sensitive
receptors and pollution source, if feasible. Trees
that are best suited to trapping PM shall be
planted, including one or more of the following:
Pine (Pinus nigra var. maritima), Cypress (X
Cupressocyparis leylandii), Hybrid poplar (Populus
deltoids X trichocarpa), and Redwood (Sequoia
sempervirens).
▪ Sensitive receptors shall be located as far away
from truck activity areas, such as loading docks
and delivery areas, as feasible.
▪ Existing and new diesel generators shall meet
CARB’s Tier 4 emission standards, if feasible.
▪ Emissions from diesel trucks shall be reduced
through implementing the following measures, if
feasible:
▪ Installing electrical hook-ups for diesel trucks
at loading docks.
▪ Requiring trucks to use Transportation
Refrigeration Units (TRU) that meet Tier 4
emission standards.
▪ Requiring truck-intensive projects to use
advanced exhaust technology (e.g., hybrid) or
alternative fuels.
▪ Prohibiting trucks from idling for more than
two minutes.
▪ Establishing truck routes to avoid sensitive
receptors in the project. A truck route
program, along with truck calming, parking,
and delivery restrictions, shall be implemented.
b) Maintenance of Health Risk Reduction Measures
Requirement: The project applicant shall maintain,
repair, and/or replace installed health risk reduction
measures, including but not limited to the HVAC system
(if applicable), on an ongoing and as-needed basis. Prior to occupancy, the project applicant shall prepare and
then distribute to the building manager/operator an
operation and maintenance manual for the HVAC system
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and filter including the maintenance and replacement
schedule for the filter.
SCA-AIR-5: Stationary Sources of Air Pollution (Toxic
Air Contaminants) (#24)
Applicable To: All projects that involve a stationary
pollutant source requiring a permit from BAAQMD,
including but not limited to back-up diesel generators.
The California Building Code requires back-up diesel
generators for all buildings over 70 feet tall.
Requirement: The project applicant shall incorporate
appropriate measures into the project design in order to reduce the potential health risk due to on-site stationary sources of toxic air contaminants. The project applicant shall choose one of the following methods:
a) The project applicant shall retain a qualified air
quality consultant to prepare a Health Risk
Assessment (HRA) in accordance with California Air
Resources Board (CARB) and Office of
Environmental Health and Hazard Assessment
requirements to determine the health risk
associated with proposed stationary sources of
pollution in the project. The HRA shall be submitted
to the City for review and approval. If the HRA
concludes that the health risk is at or below
acceptable levels, then health risk reduction
measures are not required. If the HRA concludes the
health risk exceeds acceptable levels, health risk
reduction measures shall be identified to reduce the
health risk to acceptable levels. Identified risk
reduction measures shall be submitted to the City
for review and approval and be included on the
project drawings submitted for the construction-
related permit or on other documentation
submitted to the City.
- or -
b) The project applicant shall incorporate the
following health risk reduction measures into the
project. These features shall be submitted to the
City for review and approval and be included on the
Bureau of Planning Prior to approval of
construction-
related permit
Bureau of Building
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project drawings submitted for the construction-
related permit or on other documentation
submitted to the City:
i. Installation of non-diesel fueled generators, if
feasible, or;
ii. Installation of diesel generators with an EPA-
certified Tier 4 engine or engines that are
retrofitted with a CARB Level 3 Verified Diesel
Emissions Control Strategy, if feasible.
SCA-AIR-6: Truck-Related Risk Reduction Measures
(Toxic Air Contaminants) (#25)
Applicable To: All projects that involve new truck
loading docks or a truck fleet of any size registered to the project applicant/operator.
a) Truck Loading Docks
Requirement: The project applicant shall locate
proposed truck loading docks as far from nearby
sensitive receptors as feasible.
b) Truck Fleet Emission Standards
Requirement: The project applicant shall comply with all applicable California Air Resources Board (CARB)
requirements to control emissions from diesel engines
and demonstrate compliance to the satisfaction of the
City. Methods to comply include, but are not limited to, new clean diesel trucks, higher-tier diesel engine trucks with added Particulate Matter (PM) filters, hybrid trucks, alternative energy trucks, or other methods that achieve the applicable CARB emission standard. Compliance
with this requirement shall be verified through CARB’s
Verification Procedures for In-Use Strategies to Control Emissions from Diesel Engines.
a. Bureau of Planning
b. Bureau of Planning
a. Prior to approval
of construction-
related permit
b. Prior to building
permit final;
ongoing
a. Bureau of Building
b. Bureau of Building
SCA-AIR-7: Asbestos in Structures (#26)
Applicable To: All projects involving either of the
following: a. Demolition of structures; or b. Renovation of structures known to contain or may contain asbestos.
Requirement: The project applicant shall comply with all applicable laws and regulations regarding demolition
and renovation of Asbestos Containing Materials (ACM),
Applicable regulatory
agency with jurisdiction
Prior to approval of
construction-
related permit
Applicable regulatory
agency with jurisdiction
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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.
D. Greenhouse Gas Emissions
Mitigation Measure GHG-1: Reduce GHG Emissions.
Projects to be built before 2030 shall demonstrate
compliance with a certified Qualified GHG Reduction
Plan (if available) or the 2030 GHG efficiency threshold of 0.61 MTCO2e/SP. Projects to be built between 2030
and 2050 shall demonstrate compliance with a certified
Qualified GHG Reduction Plan (if available) or the 2040 GHG efficiency threshold of 0.34 MTCO2e/SP. To
demonstrate compliance with the applicable GHG
efficiency threshold, the project applicant shall retain a qualified air quality consultant to quantify the project- specific non-transportation GHG emissions and consider
implementing the following measures, as applicable and
feasible, to reduce non-transportation GHG emissions
below the GHG efficiency threshold. Such measures may
include, but are not limited to, the following:
▪ Carbon-Free Energy. 100 percent of electricity
purchased shall be from carbon-free sources (e.g.,
nuclear, renewable, and hydroelectric).
▪ Natural Gas. Fossil natural gas shall not be used in all new or modified buildings.
▪ Alternative Fuels for Diesel-Powered Construction
Equipment. All diesel-powered construction
equipment shall use renewable diesel fuel that meets
California’s Low Carbon Fuel Standards and is
certified by CARB Executive Officer.
▪ Energy Efficiency for Multi-Family Residential
Buildings. New multi-family residential buildings shall be designed to achieve a 15 percent reduction in grid
energy use versus a standard Title 24 code-compliant
building by following the energy efficiency
Project Sponsor Prior to the
issuance of
building permits
Bureau of Building
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performance standards set forth in Tier 2 of the 2016
California Green Building Standards Code, Section
A4.203.1.2.1. These reductions shall be achieved by
employing energy-efficient design features and/or
solar photovoltaics at the time of building permit
issuance.
▪ Energy Efficiency of Non-Residential Buildings.
Newly constructed non-residential buildings shall be
designed to achieve a 10 percent or greater reduction
in grid energy use versus a standard Title 24 code-
compliant building through energy efficiency
measures consistent with Tier 2 of the 2016
California Green Building Standards Code, Section
A5.203.1.2.1. Alternatively, this measure can be met
by installing on-site renewable energy systems that
achieve equivalent reductions in building energy use
at the time of building permit issuance.
▪ Outdoor Electrical Receptacles. Electrical receptacles shall be included on the exterior of walls of all newly constructed buildings and accessible for purposes of
charging or powering electric landscaping equipment
and providing an alternative to using fossil fuel-
powered generators.
▪ Electric Forklifts and Associated Charging Stations.
All loading docks and truck loading areas shall
include a dedicated charging station for electric
forklifts.
Electric Connections for Transportation Refrigeration
Units. All new loading docks for retail, light industrial, or warehouse uses shall be equipped to provide electric power from the grid, including connections for
Transportation Refrigeration Units. Signage shall be
posted adjacent to loading docks requiring use of
electrification and prohibiting engine idling for more
than 5 minutes.
SCA-GHG-1: Greenhouse Gas (GHG) Reduction Plan
(#42)
a. Greenhouse Gas (GHG) Reduction Plan Required
Requirement: The project applicant shall retain a
a. Bureau of Planning
b. Bureau of Planning
a. Prior to approval
of construction-
related permit
a. N/A
b. Bureau of Building
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qualified air quality consultant to develop a Greenhouse Gas (GHG) Reduction Plan for City review and approval
and shall implement the approved GHG Reduction Plan.
Scenario A: The goal of the GHG Reduction Plan shall be to increase energy efficiency and to reduce GHG
emissions to at least the amount that would be achieved by committing to all of the emissions reductions
strategies identified on the ECAP Consistency Checklist as the City’s project-level implementation of its
Equitable Climate Action Plan (adopted in 2020), which
calls for reducing city-wide GHG emissions by 56
percent below 2005 levels by 2030 and 83 percent by
2050. The GHG Reduction Plan shall include, at a
minimum, (a) a detailed quantified GHG emissions
inventory for the project taking into consideration
energy efficiencies included as part of the project
(including proposed mitigation measures, project design features, those strategies being implemented and other City requirements), (b) for each ECAP Consistency
Checklist strategy that the project will not meet, a
quantified calculation of the additional GHG emission
reductions that would have occurred had it implemented
the GHG emissions reduction measure consistent with
the ECAP Consistency Checklist, (c) a quantified strategy for achieving an GHG emission reduction equivalent to
the reduction that would have resulted from complying
with the ECAP Consistency Checklist strategy, and (d)
requirements for ongoing monitoring and reporting to
demonstrate that the additional GHG reduction
measures are being implemented.
Scenario B: The goal of the GHG Reduction Plan shall be to increase energy efficiency and to reduce GHG
emissions to below the Bay Area Quality Management
District’s (BAAQMD’s) CEQA Thresholds of Significance
(10,000 metric tons of CO2e per year). The GHG
Reduction Plan shall include, at a minimum, (a) a
detailed quantified GHG emissions inventory for the
project under a “business-as-usual” scenario with no
c. Bureau of Planning
b. During
Construction
c. Ongoing
c. Bureau of Planning
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consideration of project design features, or other energy efficiencies, (b) a quantified “adjusted” baseline GHG
emissions inventory for the project, taking into
consideration energy efficiencies included as part of the project (including proposed mitigation measures,
project design features, those strategies being
implemented and other City requirements), and any
additional alternative GHG reduction measures available to further reduce GHG emissions to at least below the
Checklist baseline, and (c) requirements for ongoing
monitoring and reporting to demonstrate that the
additional GHG reduction measures are being
implemented.
If the project is to be constructed in phases, the GHG
Reduction Plan shall provide GHG emission scenarios by
phase.
Potential additional GHG reduction measures to be
considered include, but are not be limited to, measures recommended in BAAQMD’s latest CEQA Air Quality
Guidelines, the California Air Resources Board Scoping
Plan (December 2008, as may be revised), the California Air Pollution Control Officers Association (CAPCOA)
Quantifying Greenhouse Gas Mitigation Measures
(August 2010, as may be revised), the California
Attorney General’s website, and Reference Guides on
Leadership in Energy and Environmental Design (LEED)
published by the U.S. Green Building Council.
The types of allowable GHG reduction measures include
the following (listed in order of City preference): (1) physical design features; (2) operational features; and (3) the payment of fees to fund GHG-reducing programs
(i.e., the purchase of “carbon credits”) as explained
below.
The allowable locations of the GHG reduction measures
include the following (listed in order of City preference):
(1) the project site; (2) off-site within the City of
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Air Basin; then (4) off-site within the State of California;.
As with preferred locations for the implementation of all GHG reductions measures, the preference for carbon
credit purchases include those that can be achieved as
follows (listed in order of City preference): (1) within the City of Oakland; (2) within the San Francisco Bay Area
Air Basin; then (3) within the State of California. The cost of carbon credit purchases shall be based on current
market value at the time purchased and shall be based
on the project’s net difference operational emissions
estimated in the GHG Reduction Plan for the project as compared to the Checklist baseline.
For physical GHG reduction measures to be incorporated
into the design of the project, the measures shall be
included on the drawings submitted for construction-
related permits.
b. GHG Reduction Plan Implementation During
Construction
Requirement: The project applicant shall implement the
GHG Reduction Plan during construction of the project.
For physical GHG reduction measures to be incorporated
into the design of the project, the measures shall be
implemented during construction. For physical GHG
reduction measures to be incorporated into off-site
projects, the project applicant shall obtain all necessary permits/approvals and the measures shall be included
on drawings and submitted to the City Planning Director or his/her designee for review and approval. These off- site improvements shall be installed prior to completion of the subject project (or prior to completion of the
project phase for phased projects). For GHG reduction
measures involving the purchase of carbon credits,
evidence of the payment/purchase shall be submitted to
the City for review and approval prior to completion of the project (or prior to completion of the project phase, for phased projects).
c. GHG Reduction Plan Implementation After
Construction
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Requirement: The project applicant shall implement the
GHG Reduction Plan after construction of the project (or at the completion of the project phase for phased
projects). For operational GHG reduction measures to be incorporated into the project or off-site projects, the measures shall be implemented on an indefinite and
ongoing basis.
The project applicant shall satisfy the following
requirements for ongoing monitoring and reporting to
demonstrate that the additional GHG reduction
measures are being implemented. The GHG Reduction
Plan requires regular periodic evaluation over the life of the project (generally estimated to be at least 40 years) to determine how the Plan is achieving required GHG
emissions reductions over time, as well as the efficacy of the specific additional GHG reduction measures
identified in the Plan.
Annual Report. Implementation of the GHG reduction
measures and related requirements shall be ensured
through compliance with Conditions of Approval
adopted for the project. Generally, starting two years
after the City issues the first Certificate of Occupancy for the project, the project applicant shall prepare each year of the useful life of the project an Annual GHG
Emissions Reduction Report (“Annual Report”), for
review and approval by the City Planning Director or
his/her designee. The Annual Report shall be submitted
to an independent reviewer of the City’s choosing, to be paid for by the project applicant.
The Annual Report shall summarize the project’s
implementation of GHG reduction measures over the
preceding year, intended upcoming changes,
compliance with the conditions of the Plan, and include a brief summary of the previous year’s Annual Report
results (starting the second year). The Annual Report
shall include a comparison of annual project emissions
to the Checklist baseline emissions reported in the GHG Plan.
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The GHG Reduction Plan shall be considered fully
attained when project emissions are less than the
[INCLUDE THIS LANGUAGE IF SCENARIO A] Checklist
baseline, as confirmed by the City through an
established monitoring program. Monitoring and
reporting activities will continue at the City’s discretion, as discussed below.
[INCLUDE THIS LANGUAGE IF SCENARIO B:] under the
10,000 metric tons of CO2e annually, as confirmed by
the City through an established monitoring program.
Monitoring and reporting activities will continue at the City’s discretion, as discussed below.
Corrective Procedure. If the third Annual Report, or any report thereafter, indicates that, in spite of the
implementation of the GHG Reduction Plan, the project
is not achieving the GHG reduction goal, the project
applicant shall prepare a report for City review and
approval, which proposes additional or revised GHG
measures to better achieve the GHG emissions reduction
goals, including without limitation, a discussion on the feasibility and effectiveness of the menu of other
additional measures (“Corrective GHG Action Plan”). The project applicant shall then implement the approved
Corrective GHG Action Plan.
If, one year after the Corrective GHG Action Plan is
implemented, the required GHG emissions reduction
target is still not being achieved, or if the project
applicant fails to submit a report at the times described above, or if the reports do not meet City requirements
outlined above, the City may, in addition to its other
remedies, (a) assess the project applicant a financial
penalty based upon actual percentage reduction in GHG
emissions as compared to the percent reduction in GHG
emissions established in the GHG Reduction Plan; or (b) refer the matter to the City Planning Commission for
scheduling of a compliance hearing to determine
whether the project’s approvals should be revoked,
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altered or additional conditions of approval imposed.
The penalty as described in (a) above shall be
determined by the City Planning Director or his/her
designee and be commensurate with the percentage
GHG emissions reduction not achieved (compared to the
applicable numeric significance thresholds) or required percentage reduction from the “adjusted” baseline.
In determining whether a financial penalty or other
remedy is appropriate, the City shall not impose a
penalty if the project applicant has made a good faith
effort to comply with the GHG Reduction Plan.
The City would only have the ability to impose a
monetary penalty after a reasonable cure period and in
accordance with the enforcement process outlined in
Planning Code Chapter 17.152. If a financial penalty is imposed, such penalty sums shall be used by the City
solely toward the implementation of the GHG Reduction
Plan.
Timeline Discretion and Summary. The City shall have
the discretion to reasonably modify the timing of
reporting, with reasonable notice and opportunity to
comment by the applicant, to coincide with other related monitoring and reporting required for the project.
SCA-GHG-2: Transportation and Parking Demand
Management (#78)
Prior to issuance of a final inspection of the building permit.
[See SCA-TRANS-5 in Section V.B, Traffic and
Transportation]
E. Cultural and Historic Resources
Mitigation Measure CULT-1: The following mitigation
measures shall be implemented to the extent feasible to minimize impacts to historic resources in the Plan Area and its vicinity. The mitigation measures are identified in order of priority. As many of the measures as feasible shall be implemented:
i. Bureau of Planning in
collaboration with Oakland
Heritage Alliance
ii. Bureau of Planning
i. 3-5 years
ii. Start as soon as
possible
iii. 3-5 years
iv. 3-5 years
i. Bureau of Planning
ii. Bureau of Planning
iii. Bureau of Planning
iv. Bureau of Planning
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CULT-1A: The Plan shall be revised when funding
becomes available to include the following
implementation measures focused on minimizing
impacts to historic resources:
i. Seek additional resources to fund and promote
the City Façade Improvement Program53 consistent
with Action 3.8.1(9) of the Historic Preservation
Element of the City of Oakland General Plan for both
commercial and residential properties including
SROs. The program shall require financial
contribution to this fund when historical resources
are impacted and unable to be mitigated by future
development projects in the Plan Area, and
potentially the other Specific Plan areas, based on a
formula established by the City. In addition, the City
shall seek other sources for funding, such as grant
opportunities. The Downtown Façade Improvement
Program fund shall be used to implement the
additional mitigation measures identified below, as
appropriate.
ii. Revise the Transfer of Development Rights (TDRs)
Program. Draft and include TDR amendments in the
package of Planning Code amendments needed to
implement the Plan including floor area ratio (FAR),
height limits, residential density changes, and other
zoning changes proposed in the Plan to encourage
the retention of the smaller-scale buildings that are
prevalent in downtown and are at high risk for
redevelopment and demolition. The revised Planning
Code should include a specific TDR program for
building owners and project sponsors within the Plan
Area. This program should include identifying
potential properties to participate and outreach to
these owners so they understand the benefits as well
as how this program could fit into a menu of
preservation incentives. The transfer enables the
owner of the receiving site to develop additional
gross floor area, above and beyond what would
iii. Bureau of Planning
iv. Bureau of Planning in
collaboration with Oakland
Public Library, Laney
College and StoryCorps
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otherwise be allowed. The use of this TDR program
shall be considered when evaluating the current
height changes proposed in Downtown Oakland. One
model for this program has been ongoing in San
Francisco.
iii. Encourage Adaptive Reuse. Encourage preservation
of historic buildings within the Plan Area through
Planning Code amendments. The City of Los Angeles
adopted an overlay in 1999 for downtown that was
extended into other communities across LA in 2003
through the Adaptive Reuse Incentive Area Specific
Plan that can serve as a model. Elements should
include height limitations for historic areas, design
standards and delineation of which historic buildings
or areas in downtown are eligible for provisions to
encourage reuse, with a focus on designated
Landmarks, buildings within National Register-listed
historic districts, and buildings within APIs. A
potential reduction in height limits will be analyzed
within Adaptive Reuse Overlay Zones along with
design standards. Provisions to encourage reuse
could include but not, be limited to, reduced
permitting costs, ways to accommodate existing floor
area ratios, and reduced parking and open space
requirements, when necessary to achieve project
goals. The City will develop expedited review for
historic building rehabilitations that would convert
vacant or underutilized properties to provide
housing, SRO units, live-work units, or cultural
activities, as well as expedited review of the use of
the California Historical Building Code (CHBC) and
ways to encourage projects to meet the Secretary of
the Interior’s Standards for the Treatment of Historic
Properties.
iv. Formulate an oral history program for the
cultural groups that have played an important role in
downtown. Numerous cultural groups and cultural
traditions have influenced the development of
downtown and its communities. Engage in a public
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outreach program to formulate a list of groups and
stakeholders, key community individuals who can take
leadership roles, and develop a program that will inform the oral history project. Partnerships with the Oakland Public Library, Laney College and StoryCorps could
bolster this program. The City should strive to be an
instigator in this program.
Mitigation Measure CULT-1B: Expand public outreach
and implementation of the California Historical Building Code (CHBC) for projects that qualify under State law.
Dovetail use of the CHBC with the Adaptive Reuse
Ordinance as it is implemented. Provide professional
development training to the City’s building officials and inspectors on the use of the CHBC so that they can
implement project review for qualified buildings within reasonable timeframes. Appoint a Senior Building
Official as the CHBC-liaison between the Planning
Bureau, the Chief Fire Official and the Building Bureau so that projects are reviewed with consistency and clarity.
Encourage City staff to schedule a seminar with the
Office of Historic Preservation’s member of the State
Historical Safety Board to provide a thorough
background of how the code is implemented.
Bureau of Building, Bureau
of Planning, Fire
Department
18 months Bureau of Planning
Mitigation Measure CULT-1C: Further the Planning
Code protections for SROs hotels with additional façade protections for these buildings, perhaps by deeming
this specific historic building type eligible for
participation in the Mills Act program or by
documenting these resources as a thematic grouping of
buildings, rather than geographically-based API. While
Planning Code Chapter 17.153 Demolition, Conversion
and Rehabilitation Regulations for Residential Hotels,
was adopted in 2018, and provides some protections,
additional incentives or protections would further
ensure the viability of these resources and mitigate
further losses of both their historic use and character.
Bureau of Planning Ongoing and prior
to any new
construction
adjacent to, or
alternations of
Mills Act
properties.
Bureau of Planning during
Mills Act yearly
inspections
Mitigation Measure CULT-1D: As part of the
implementation of Plan Policy LU-2-4 that revises the
City’s Demolition Findings Requirements to facilitate
Bureau of Planning 18 months Bureau of Planning
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new compatible development near the outer edges of
fragmented APIs and ASIs, require objective design
standards to ensure architectural compatibility. The
standards should illustrate treatments for rehabilitation of the historic commercial buildings typical in these
historic districts, as well as provide strategies for new construction both within and on the immediate
periphery or edge of these significant areas. New
construction in these areas should take into
consideration the historic parcel pattern; assembling
lots and creating bulkier building footprints changes the character of the street rhythm. These standards will help mitigate the impacts of future development on these
sensitive areas of downtown.
Mitigation Measure CULT-1E: The City shall also
consider incorporating the following additional
mitigation measures as implementation policies or
guidelines in the Plan, although these have a lower
priority than Mitigation Measures CULT-1A – CULT-1D.
i. Study the feasibility of raising the Mills Act tax loss limits for properties within the Specific Plan, Lake
Merritt Station Area Plan and Broadway Valdez
Specific Plan boundaries, which would encourage
more participation in the program. Currently,
Oakland has six Mills Act properties within the Plan
Area.
ii. Provide City support to encourage eligible property owners to take advantage of the newly passed
State Historic Tax Credit, SB451
iii. Update the Oakland Cultural Heritage Survey and as part of that effort include elements that focus on:
(1) Downtown’s built environment associated with
the Modern Movement or the Recent Past to
determine methods to more completely understand
the types of resources present and their historic
significance. This could take the form of a funded
Historic Context Statement for Modern Buildings
and Landscapes in downtown or a site-specific
survey of resources built between 1940 and 1975;
i. Bureau of Planning
ii. Bureau of Planning
iii. Bureau of Planning and
partnership with the
Oakland Heritage
v. Bureau of Planning
i. 18 months
ii. Ongoing
iii. 3-5 years
v. Prior to
construction and
during project
approval
i. Bureau of Planning
ii. Bureau of Planning iii.
Bureau of Planning
v. Bureau of Planning
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and/or a focused review of the banking cluster near
the Lake Merritt office district, venues related to
food and entertainment, mid-century courtyard
apartments, as well as older commercial buildings
in downtown that may have been remodeled to
reflect the Modern aesthetic. In recent years,
Sacramento, San Francisco, Fresno and Pasadena
have invested in this type of preservation planning
tool with great success and community interest.
Downtown’s streetscape includes historic parks that
are used to determine methods to more completely
understand the types of resources present along
the streetscape and in downtown’s parks. This
could take the form of a funded Cultural Landscape
Inventory to document and categorize resources.
Good models for this are the City of San Francisco
Civic Center Cultural Landscape Inventory and the
Market Street Cultural Landscape Inventory.
iv. As part of any redevelopment or expansion of the
Laney College Campus, require to the extent
permitted by law that a full historic resources
evaluation to fully understand the potential historic
resources associated with this educational
institution and to understand the significance of the
campus within the body of work of Skidmore,
Owings & Merrill.
v. Prepare and implement an interpretive program of
signage within the Webster Green in Jack London
Square to inform users of this new greenway of the
historic industrial character of the surrounding
urban fabric. This could be an extension of the
signage already present in the Waterfront
Warehouse District.
Mitigation Measure CULT-1F: Independent of the
Specific Plan, the City shall consider the following
measures:
i. Promote graffiti abatement by including additional
abatement trips. Currently, only one “courtesy”
abatement trip can be scheduled for private
i. Department of Public
Works
ii. Bureau of Planning,
Bureau of Building, Police
Department
i. Ongoing
ii. Ongoing
iii. 12
months
i. Department of Public
Works
ii. Bureau of Planning
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property, due to City staffing issues. Extend this to
additional abatement trips, per year, within the
Specific Plan area boundary. Further, prioritize
graffiti abatement in the Specific Plan Area within
the Public Realm, especially on prominent historic
buildings. Additionally, understand that sometimes
graffiti can acquire a cultural significance as well
and encourage a graffiti arts program with partner
building owners to engage local artists and deter
graffiti. Also, raise awareness of non-destructive
graffiti abatement methods so historic materials
like brick and terra cotta aren’t destroyed.
ii. Improve vacant building security through
partnerships with the Planning, Building and Police
Departments to collaborate on maintaining a list of
vacant buildings so that Police Officers know which
buildings might be at risk of vandalism or other
illegal activity. This would mean an investment in a
vacant building inventory in the Specific Plan area.
iii. Maintain a list of vacant parcels to assist with
building relocation assistance. Additionally, a
relocation fund could be established and paid into
by projects that demolish historic resources. This
could result in the salvage of stand-alone historic
resources, especially smaller resources that sit on
large lots, which face fierce development pressure.
This is more appropriate in areas that are not
considered historic districts or groupings of
buildings. This can be facilitated via CEQA review by
making known Historic Preservation Element Action
3.8.1.2, allowing buildings to be moved to a
location consistent with its historic or architectural
character.
iv. Study the feasibility of amending the Downtown
Oakland National Register Historic District to
provide a means for more property owners to use
the Federal Rehabilitation Tax Credits. The
amendment should evaluate an extended boundary
and additional contributors, to include more of
iii.Bureau of Planning
iv. Bureau of Planning
iv. 18 months iii.Bureau of Planning
iv. Bureau of Planning
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downtown’s significant historic buildings. This
would provide a means for more property owners to
use the Federal Rehabilitation Tax Credit as owners
of resources within a National Register-listed
historic district.
Implementation of Mitigation Measures CULT-1A – CULT-
1F would lessen this impact but it would remain
significant and unavoidable.
Mitigation Measure CULT-2: Implement Mitigation
Measures CULT-1A – CULT-1F.
SCA-CULT-1: Archaeological and Paleontological
Resources – Discovery During Construction (#32)
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
unnecessary 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 measures
(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 N/A During
construction
Bureau of Building
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and approval by the City. The ARDTP is required to
identify how the proposed data recovery program would
preserve the significant information 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 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 moving 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.
SCA-CULT-2: Archaeologically Sensitive Areas – Pre-
Construction Measures (#33)
Requirement: The project applicant shall implement
either Provision A (Intensive Pre-Construction Study) or Provision B (Construction ALERT Sheet) concerning
archaeological resources.
Bureau of Building; Bureau
of Planning
Prior to
approval of
construction
-related
permit;
Bureau of Building
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Provision A: Intensive Pre-Construction Study.
The project applicant shall retain a qualified
archaeologist to conduct a site-specific, intensive
archaeological resources study for review and approval
by the City prior to soil-disturbing activities occurring on the project site. The purpose of the site-specific,
intensive archaeological resources study is to identify early the potential presence of history-period
archaeological resources on the project site. At a
minimum, the study shall include:
a. Subsurface presence/absence studies of the project
site. Field studies may include, but are not limited
to, auguring and other common methods used to
identify the presence of archaeological resources.
b. A report disseminating the results of this research. c. Recommendations for any additional measures that
could be necessary to mitigate any adverse impacts
to recorded and/or inadvertently discovered cultural
resources.
If the results of the study indicate a high potential
presence of historic-period archaeological resources on the project site, or a potential resource is discovered, the project applicant shall hire a qualified archaeologist to monitor any ground disturbing activities on the
project site during construction and prepare an ALERT
sheet pursuant to Provision B below that details what
could potentially be found at the project site.
Archaeological monitoring would include briefing
construction personnel about the type of artifacts that may be present (as referenced in the ALERT sheet,
required per Provision B below) and the procedures to
follow if any artifacts are encountered, field recording and sampling in accordance with the Secretary of
Interior’s Standards and Guidelines for Archaeological
Documentation, notifying the appropriate officials if
human remains or cultural resources are discovered,
and preparing a report to document negative findings
after construction is completed if no archaeological
resources are discovered during construction.
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Provision B: Construction ALERT Sheet.
The project applicant shall prepare a construction
“ALERT” sheet developed by a qualified archaeologist for review and approval by the City prior to soil-disturbing activities occurring on the project site. The ALERT sheet shall contain, at a minimum, visuals that depict each
type of artifact that could be encountered on the project site. Training by the qualified archaeologist shall be
provided to the project’s prime contractor, any project subcontractor firms (including demolition, excavation,
grading, foundation, and pile driving), and utility firms involved in soil-disturbing activities within the project site.
The ALERT sheet shall state, in addition to the basic
archaeological resource protection measures contained
in other standard conditions of approval, all work must stop and the City’s Environmental Review Officer
contacted in the event of discovery of the following
cultural materials: concentrations of shellfish remains; evidence of fire (ashes, charcoal, burnt earth, fire-
cracked rocks); concentrations of bones; recognizable
Native American artifacts (arrowheads, shell beads,
stone mortars [bowls], humanly shaped rock); building
foundation remains; trash pits, privies (outhouse holes); floor remains; wells; concentrations of bottles, broken dishes, shoes, buttons, cut animal bones, hardware,
household items, barrels, etc.; thick layers of burned
building debris (charcoal, nails, fused glass, burned
plaster, burned dishes); wood structural remains
(building, ship, wharf); clay roof/floor tiles; stone walls or footings; or gravestones. Prior to any soil-disturbing activities, each contractor shall be responsible for
ensuring that the ALERT sheet is circulated to all field personnel, including machine operators, field crew, pile drivers, and supervisory personnel. The ALERT sheet
shall also be posted in a visible location at the project site.
SCA-CULT-3: Human Remains – Discovery During N/A During Bureau of Building DOWNTOWN OAKLAND SPECIFIC PLAN EIR FEBRUARY 2021
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Construction (#34)
Requirement: Pursuant to CEQA Guidelines section
15064.5I(1), in the event that human skeletal remains
are uncovered at the project site during construction
activities, 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 I 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.
construction
SCA-CULT-4: Property Relocation (#35)
Requirement: Pursuant to Policy 3.7 of the Historic
Preservation Element of the Oakland General Plan, the
project applicant shall make a good faith effort to
relocate the historic resource to a site acceptable to the City. A good faith effort includes, at a minimum, all of the following:
a. Advertising the availability of the building by: (1) posting of large visible signs (such as banners, at a
minimum of 3’ x 6’ size or larger) at the site; (2)
placement of advertisements in Bay Area news
media acceptable to the City; and (3) contacting
neighborhood associations and for-profit and not-
for-profit housing and preservation organizations;
b. Maintaining a log of all the good faith efforts and
submitting that along with photos of the subject
building showing the large signs (banners) to the
Bureau of Planning
(including Oakland Cultural
Resource Survey)
Prior to approval of
construction-
related permit
N/A
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City;
c. Maintaining the signs and advertising in place for a minimum of 90 days; and
d. Making the building available at no or nominal cost
(the amount to be reviewed by the Oakland Cultural
Heritage Survey) until removal is necessary for
construction of a replacement project, but in no
case for less than a period of 90 days after such
advertisement.
F. Aesthetics
Cumulative Mitigation Measure AES-1: Implement
Mitigation Measures AES-1 and AES-2.
N/A N/A N/A
SCA-AES-1: Graffiti Control (#17)
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.
Bureau of Building Ongoing Bureau of Building
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The project applicant shall remove graffiti by
appropriate means within seventy-two (72) hours.
Appropriate means include:
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).
SCA-AES-2: Landscape Plan (#18)
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
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 http://www2.oaklandnet.com/oakca1/groups/pwa/
documents/report/oak042662.pdf and
http://www2.oaklandnet.com/oakca1/groups/pwa/
documents/form/oak025595.pdf, respectively), and
with any applicable streetscape plan.
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.
c. Landscape Maintenance
a. Bureau of Planning
b. Bureau of Planning
c. N/A
a. Prior to approval
of construction-
related permit
b. Prior to building
permit final
c. Prior to approval
of construction-
related permit
a. N/A
b. Bureau of Building
c. Bureau of Building
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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 required fences, walls, and irrigation systems shall be permanently maintained in good condition and,
whenever necessary, repaired or replaced.
SCA-AES-3: Lighting (#19)
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.
N/A Prior to building
permit final
Bureau of Building
SCA-AES-4: Underground Utilities (#83)
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.
N/A During
construction
Bureau of Building
G. Biological Resources
SCA-BIO-1: Bird Collision Reduction Measures (#28)
Requirement: The project applicant shall submit a Bird
Collision Reduction Plan for City review and approval to reduce potential bird collisions to the maximum feasible extent. The Plan shall include all of the following
mandatory measures, as well as applicable and specific
project Best Management Practice (BMP) strategies to
reduce bird strike impacts to the maximum feasible
extent. The project applicant shall implement the
Bureau of Planning Prior to approval of
construction-
related permit
Bureau of Building
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approved Plan. Mandatory measures include all of the
following:
i. For large buildings subject to federal aviation safety regulations, install minimum-intensity white strobe
lighting with three-second flash instead of solid red
or rotating lights.
ii. Minimize the number of and co-locate rooftop-
antennas and other rooftop structures.
iii. Monopole structures or antennas shall not include
guy wires.
iv. Avoid the use of mirrors in landscape design.
v. Avoid placement of bird-friendly attractants (i.e.,
landscaped areas, vegetated roofs, water features)
near glass unless shielded by architectural features
taller than the attractant that incorporate bird
friendly treatments no more than two inches
horizontally, four inches vertically, or both (the
“two-by-four” rule), as explained below.
vi. Apply bird-friendly glazing treatments to no less
than 90 percent of all windows and glass between
the ground and 60 feet above ground or to the
height of existing adjacent landscape or the height
of the proposed landscape. Examples of bird-
friendly glazing treatments include the following:
▪ Use opaque glass in window panes instead of
reflective glass.
▪ Uniformly cover the interior or exterior of clear
glass surface with patterns (e.g., dots, stripes,
decals, images, abstract patterns). Patterns can
be etched, fritted, or on films and shall have a
density of no more than two inches horizontally,
four inches vertically, or both (the “two-by-four”
rule).
▪ Install paned glass with fenestration patterns
with vertical and horizontal mullions no more
than two inches horizontally, four inches
vertically, or both (the “two-by-four” rule).
▪ Install external screens over non-reflective glass
(as close to the glass as possible) for birds to
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perceive windows as solid objects.
▪ Install UV-pattern reflective glass, laminated
glass with a patterned UV-reflective coating, or
UV-absorbing and UV-reflecting film on the
glass since most birds can see ultraviolet light,
which is invisible to humans.
▪ Install decorative grilles, screens, netting, or
louvers, with openings no more than two inches
horizontally, four inches vertically, or both (the
“two-by-four” rule).
▪ Install awnings, overhangs, sunshades, or light
shelves directly adjacent to clear glass which is
recessed on all sides.
▪ Install opaque window film or window film with
a pattern/design which also adheres to the
“two-by-four” rule for coverage.
vii. Reduce light pollution. Examples include the
following:
▪ Extinguish night-time architectural illumination
treatments during bird migration season
(February 15 to May 15 and August 15 to
November 30).
▪ Install time switch control devices or occupancy
sensors on non-emergency interior lights that
can be programmed to turn off during non-work
hours and between 11:00 p.m. and sunrise.
▪ Reduce perimeter lighting whenever possible.
▪ Install full cut-off, shielded, or directional
lighting to minimize light spillage, glare, or
light trespass.
▪ Do not use beams of lights during the spring
(February 15 to May 15) or fall (August 15 to
November 30) migration.
viii. Develop and implement a building operation and
management manual that promotes bird safety.
Example measures in the manual include the
following:
▪ Donation of discovered dead bird specimens to
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an authorized bird conservation organization or
museums (e.g., UC Berkeley Museum of
Vertebrate Zoology) to aid in species
identification and to benefit scientific study, as
per all federal, State and local laws.
▪ Distribution of educational materials on bird-
safe practices for the building occupants.
Contact Golden Gate Audubon Society or
American Bird Conservancy for materials.
▪ Asking employees to turn off task lighting at
their work stations and draw office blinds,
shades, curtains, or other window coverings at
end of work day.
▪ Install interior blinds, shades, or other window
coverings in windows above the ground floor
visible from the exterior as part of the
construction contract, lease agreement, or
CC&Rs.
▪ Schedule nightly maintenance during the day or
to conclude before 11:00 p.m., if possible.
SCA-BIO-2: Tree Removal during Bird Breeding Season
(#29)
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
Bureau of Planning Prior to removal of
trees
Bureau of Building
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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.
SCA-BIO-3: Tree Permit (#30)
a. Tree Permit Required
Requirement: Pursuant to the City’s Tree Protection
Ordinance (OMC Chapter 12.36), the project applicant
shall obtain a tree permit and abide by the conditions of that permit. .
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
shall 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 proposed 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 of the existing ground surface
within the protected perimeter shall be minimized.
a. Permit approval by Public
Works Department, Tree
Division; evidence of
approval submitted to
Bureau of Building
b. Public Works
Department, Tree Division
c. Public Works
Department, Tree Division
a. Prior to approval
of construction-
related permit
b. During
construction
c. Prior to building
permit final
a. Bureau of Building
b. Bureau of Building
c. Bureau of Building
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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 showing 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 Tree
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
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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.
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 24-inch box size, unless a smaller size is recommended by the
arborist, except that three 15-gallon size trees may
be substituted for each 24-inch box size tree where
appropriate.
iv. Minimum planting areas must be available on-site as follows:
▪ 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
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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 1 year of planting shall
be replanted at the project applicant’s expense.
H. Geology and Soils
SCA-GEO-1: Construction-Related Permit(s) (#36)
Applicable To: All projects requiring a construction-
related permit.
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.
Bureau of Building Prior to approval of
construction-
related permit
Bureau of Building
SCA-GEO-2: Soils Report (#37)
Applicable To: All projects involving 1) a subdivision
(except condominium subdivisions and subdivisions
between existing buildings with no new structures) per
OMC sections 16.20.060 and 16.24.090 or 2) a grading
permit per OMC section 15.04.660. The condition does
not apply to projects located in an Earthquake Fault
Zone or a Seismic Hazards Zone (see other conditions
applicable to those projects).
Requirement: The project applicant shall submit a soils report prepared by a registered geotechnical engineer
for City review and approval. The soils report shall
contain, at a minimum, field test results and
observations regarding the nature, distribution and
strength of existing soils, and recommendations for
appropriate grading practices and project design. The
project applicant shall implement the recommendations
Bureau of Building Prior to approval of
construction-
related permit
Bureau of Building
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contained in the approved report during project design
and construction.
SCA-GEO-3: Seismic Hazards Zone (Landslide/
Liquefaction) (#39)
Applicable To: all projects located in a Seismic Hazards Zone per the State Seismic Hazards Mapping Act
(pertaining to seismically-induced liquefaction and
landslides) and involve at least one of the following:
a. New structures (except single-family dwellings not
part of a development of four or more dwellings);
b. Major additions or alterations (defined as exceeding 50% of the value of the structure or 50% of the floor
area of the structure); or
c. Subdivisions (except condominium subdivisions and
subdivisions between existing buildings with no new
structures).
Requirement: The project applicant shall submit a site- specific geotechnical report, consistent with California Geological Survey Special Publication 117 (as amended), prepared by a registered geotechnical engineer for City review and approval containing at a minimum a
description of the geological and geotechnical
conditions at the site, an evaluation of site-specific
seismic hazards based on geological and geotechnical
conditions, and recommended measures to reduce
potential impacts related to liquefaction and/or slope
stability hazards. The project applicant shall implement the recommendations contained in the approved report
during project design and construction.
Bureau of Building Prior to approval of
construction-
related permit
Bureau of Building
I. Hazards and Hazardous Materials
SCA-HAZ-1: Hazardous Materials Related to
Construction (#43)
Applicable To: All projects involving construction
activities.
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
N/A During
construction
Bureau of Building
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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 construction
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 the applicant shall
take all appropriate measures to protect human
health and the environment. Appropriate measures
shall include notifying the City and applicable
regulatory agency(ies) and implementation of the
actions described in the City’s Standard Conditions
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.
SCA-HAZ-2: Hazardous Building Materials and Site
Contamination (#44)
Applicable To: All projects involving (a) redevelopment a. Bureau of Building
b. Oakland Fire Department
a. Prior to approval
of demolition,
grading, or
a. Bureau of Building
b. Oakland Fire
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or change of use of a historically industrial or
commercial site; (b) a contaminated site as identified in City records; or (c) a site listed on the State Cortese List; and site remediation activities are required based on an environmental site assessment. Note that the
environmental site assessment referenced in this
condition is typically required prior to project approval. a. Hazardous Building Materials Assessment
Requirement: The project applicant shall submit a
comprehensive assessment report to the Bureau of
Building, signed by a qualified environmental
professional, documenting the presence or lack thereof
of asbestos-containing materials (ACMs), lead-based
paint, polychlorinated biphenyls (PCBs), and any other
building materials or stored materials classified as
hazardous materials by State or federal law. If lead-
based paint, ACMs, PCBs, or any other building
materials or stored materials classified as hazardous
materials are present, the project applicant shall submit specifications prepared and signed by a qualified
environmental professional, for the stabilization and/or removal of the identified hazardous materials in
accordance with all applicable laws and regulations. The project applicant shall implement the approved
recommendations and submit to the City evidence of
approval for any proposed remedial action and required
clearances by the applicable local, state, or federal
regulatory agency.
b. Environmental Site Assessment Required
Requirement: The project applicant shall submit a Phase I Environmental Site Assessment report, and Phase II
Environmental Site Assessment report if warranted by
the Phase I report, for the project site for review and approval by the City. The report(s) shall be prepared by a qualified environmental assessment professional and
include recommendations for remedial action, as
appropriate, for hazardous materials. The project
applicant shall implement the approved
building permits
b. Prior to building
permit final
Department
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recommendations and submit to the City evidence of
approval for any proposed remedial action and required
clearances by the applicable local, state, or federal
regulatory agency.
c. Health and Safety Plan Required
Requirement: The project applicant shall submit a
Health and Safety Plan for the review and approval by
the City in order to protect project construction workers from risks associated with hazardous materials. The
project applicant shall implement the approved Plan.
d. Best Management Practices (BMPs) Required for
Contaminated Sites
Requirement: The project applicant shall ensure that
BMPs are implemented by the contractor during
construction to minimize potential soil and groundwater hazards. These shall include the following:
i. Soil generated by construction activities shall be
stockpiled on-site in a secure and safe manner. All
contaminated soils determined to be hazardous or
non-hazardous waste must be adequately profiled
(sampled) prior to acceptable reuse or disposal at an
appropriate off-site facility. Specific sampling and
handling and transport procedures for reuse or
disposal shall be in accordance with applicable local,
state, and federal requirements.
ii. Groundwater pumped from the subsurface shall be
contained on-site in a secure and safe manner, prior
to treatment and disposal, to ensure environmental
and health issues are resolved pursuant to
applicable laws and policies. Engineering controls
shall be utilized, which include impermeable
barriers to prohibit groundwater and vapor intrusion
into the building.
SCA-HAZ-3: Hazardous Materials Business Plan (#45)
Applicable To: All projects involving the handling,
storage, or transportation of hazardous materials during business operations.
Requirement: The project applicant shall submit a
Oakland Fire Department Prior to building
permit final
Oakland Fire Department
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Hazardous Materials Business Plan for review and
approval by the City, and shall implement the approved
Plan. The approved Plan shall be kept on file with the
City and the project applicant shall update the Plan as applicable. The purpose of the Hazardous Materials
Business Plan is to ensure that employees are
adequately trained to handle hazardous materials and
provides information to the Fire Department should
emergency response be required. Hazardous materials
shall be handled in accordance with all applicable local, state, and federal requirements. The Hazardous
Materials Business Plan shall include the following:
a. The types of hazardous materials or chemicals
stored and/or used on-site, such as petroleum fuel
products, lubricants, solvents, and cleaning fluids.
b. The location of such hazardous materials.
c. An emergency response plan including employee
training information.
d. A plan that describes the manner in which these
materials are handled, transported, and disposed.
J. Hydrology and Water Quality
SCA-HYD-1: Erosion and Sedimentation Control
Measures for Construction (#48)
Applicable To: All projects involving construction
activities, except projects: a) requiring a grading permit; b) located on a hillside property (20% or greater slope); or c) requiring a category III or IV creek protection
permit (see other conditions applicable to these other
projects).
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.
N/A During
construction
Bureau of Building
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SCA-HYD-2: Erosion and Sedimentation Control Plan
for Construction (#49)
Applicable To: All projects involving construction
activities that require a grading permit per OMC sec.
15.04.660 or are located on a hillside property (20% or greater slope), except projects requiring a category III or IV creek protection permit (see other conditions for
creek protection permits).
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 grading
and/or construction Effective May 1, 2018 Page 42
operations. The Plan shall include, but not be limited to, such measures as short-term erosion control planting,
waterproof slope covering, check dams, interceptor
ditches, benches, storm drains, dissipation structures, diversion dikes, retarding berms and barriers, devices to trap, store and filter out sediment, and stormwater
retention basins. Off-site work by the project applicant 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 construction 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.
b. Erosion and Sedimentation Control During
Construction
Requirement: The project applicant shall implement the
a. Bureau of Building
b. NA
a. Prior to approval
of construction-
related permit
b. During
Construction
a. N/A
b. Bureau of Building
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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.
SCA-HYD-3: State Construction General Permit (#50)
Applicable To: All projects that disturb one acre or more of surface area
Requirement: The project applicant shall comply with
the requirements of the Construction General Permit
issued by the State Water Resources Control Board (State Water Board). The project applicant shall submit a
Notice of Intent, Stormwater Pollution Prevention Plan
(SWPPP), and other required Permit Registration
Documents to State Water Board. The project applicant
shall submit evidence of compliance with Permit
requirements to the City.
State Water Resources
Control Board; evidence of
compliance submitted to
Bureau of Building
Prior to approval of
construction-
related permit
State Water Resources
Control Board
SCA-HYD-4: Site Design Measures to Reduce
Stormwater Runoff (#52)
Applicable To: All projects that create or replace (any amount) of impervious surface, except projects
considered Regulated Projects under the NPDES C.3
requirements (see other condition for NPDES C.3
Regulated 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 is encouraged 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;
N/A Ongoing N/A
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e. Preserve quality open space; and
f. Establish vegetated buffer areas.
SCA-HYD-5: Source Control Measures to Limit
Stormwater Pollution (#53)
Applicable To: All projects, except projects considered Regulated Projects under the NPDES C.3 requirements
(see other condition for NPDES C.3 Regulated 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 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:
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.
N/A Ongoing N/A
SCA-HYD-6: NPDES C.3 Stormwater Requirements for
Regulated Projects (#54)
Applicable To: all projects considered Regulated Projects under the NPDES C.3 requirements. Regulated Projects
a. Bureau of Planning;
Bureau of Building
b. Bureau of Building
a. Prior to approval
of construction-
related permit
a. Bureau of Building
b. Bureau of Building
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are:
a. Projects that create or replace 10,000 square feet or more of new or existing impervious surface area;
and
b. The following projects that create or replace 5,000 square feet or more of new or impervious surface
area:
i. Auto servicing, auto repair, and gas stations;
ii. Restaurants (full service, limited service, and
fast-food); and
iii. Uncovered surface parking lots (including stand-
alone parking lots, parking lots serving an
activity, and the uncovered portion of parking
structures unless drainage from the uncovered
portion of the parking structure is connected to
the sanitary sewer system).
Regulated Projects do not include individual single-
family dwellings (that are not part of a larger multi-unit development) or routine maintenance activities.
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;
iii. Location of proposed on-site storm drain lines;
iv. Site design measures to reduce the amount of
impervious surface area;
b. Prior to building
permit final
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v. Source control measures to limit stormwater
pollution;
vi. Stormwater treatment measures to remove
pollutants 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.
b. Maintenance Agreement Required
Requirement: The project applicant shall enter into 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 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 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.
SCA-HYD-7: NPDES C.3 Stormwater Requirements for
Small Projects (#55)
Applicable To: all projects involving either of the
following:
a. Projects that create or replace at least 2,500 square Bureau of Planning; Bureau
of Building
Prior to approval of
construction-
related permit
Bureau of Building
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feet, but less than 10,000 square feet, of new or
existing impervious, except projects considered
Regulated Projects under the NPDES C.3
requirements (see other condition for NPDES C.3
Regulated Projects); or
b. Individual single-family home projects that create or replace at least 2,500 square feet of new or existing
impervious.
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.
SCA-HYD-8: Architectural Copper (#56)
Applicable To: All projects involving new architectural copper.
Requirement: The project applicant shall implement Best Management Practices (BMPs) concerning the
installation, treatment, and maintenance of exterior
architectural copper during and after construction of the project in order to reduce potential water quality
N/A During
construction;
ongoing
Bureau of Building
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impacts in accordance with Provision C.13 of the
Municipal Regional Stormwater Permit issued under the
National Pollutant Discharge Elimination System
(NPDES). The required BMPs include, but are not limited to, the following:
a. If possible, use copper materials that have been pre- patinated at the factory;
b. If patination is done on-site, ensure rinse water is not discharged to the storm drain system by
protecting storm drain inlets and implementing one
or more of the following:
c. Discharge rinse water to landscaped area;
d. Collect rinse water in a tank and discharge to the
sanitary sewer, with approval by the City; or haul
off-site for proper disposal;
e. During maintenance activities, protect storm drain
inlets to prevent wash water discharge into storm
drains; and
f. Consider coating the copper with an impervious
coating that prevents further corrosion.
SCA-HYD-9: Vegetation Management on Creekside
Properties (#57)
Applicable To: All projects located 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 N/A Ongoing Bureau of Building
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implementing goat grazing for vegetation
management;
g. Obtain a Tree Permit before removing a Protected
Tree (any tree 9 inches diameter at breast height or
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.
SCA-HYD-10: Creek Protection Plan (#58)
Applicable To: All projects requiring a category III or IV creek protection permit.
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 protect the creek. Required BMPs
are identified below in sections (b), (c), and (d).
b. Construction BMPs
Requirement: The Creek Protection Plan shall
a. Bureau of Planning
b. Bureau of Planning
c. Bureau of Planning
d. Bureau of Planning
e. N/A
a. Prior to approval
of construction-
related permit
b. Prior to approval
of construction-
related permit
c. Prior to approval
of construction-
related permit
d. During
construction
a. N/A
b. N/A
c. N/A
d. N/A
e. Bureau of Building
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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.
iii. 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.
iv. 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.
v. 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.
vi. 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.
e. During
construction;
ongoing
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Filter materials shall be maintained and/or replaced
as necessary to ensure effectiveness and prevent
street flooding.
vii. Ensure that concrete/granite supply trucks or
concrete/plaster finishing operations do not
discharge wash water into the creek, street gutters,
or storm drains.
viii. Direct and locate tool and equipment cleaning so
that wash water does not discharge into the creek.
ix. 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.
x. 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.
xi. 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.
xii. 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.
xiii. 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
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Sediment Control Field Manual published by the
Regional Water Quality Control Board (RWQCB).
xiv. 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.
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.
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.
e. Creek Protection Plan Implementation
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Requirement: The project applicant shall implement the
approved Creek Protection Plan during and after
construction. During construction, all 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 implement additional and more effective measures
immediately.
SCA-HYD-11: Creek Dewatering/Diversion (#59)
Applicable To: All projects involving creek dewatering or diversion (generally required when there is work within the creek channel).
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
permits 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 methods may include fish landing
nets, dip nets, buckets, and by hand. Captured
Bureau of Planning; Bureau
of Building
Prior to approval of
construction-
related permit
Bureau of Building
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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 obstruction 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
constructed 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.
SCA-HYD-12: Structures in a Flood Zone (#60)
Applicable To: All projects that involve new construction within a 100-year flood zone as mapped on a Federal
Hazard Boundary map, Flood Insurance Rate Map, or
other flood hazard delineation map. Staff can refer to
the City’s GIS map.
Bureau of Building Prior to approval of
construction-
related permit
Bureau of Building
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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.
SCA-HYD-13: Bay Conservation and Development
Commission (BCDC) Approval (#61)
Applicable To: All projects that require a permit from
the Bay Conservation and Development Commission
(BCDC). BCDC’s jurisdiction is generally limited to the first 100 feet inland from the shoreline of San Francisco Bay and the Oakland Estuary. Projects in BCDC’s
jurisdiction requiring a permit include placing material in the Bay/Estuary, dredging material from the
Bay/Estuary, substantially changing the use of a
structure or area, constructing or repairing a structure, or grading land.
Requirement: The project applicant shall obtain the
necessary permit/approval, 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.
Approval by BCDC;
evidence of approval
submitted to Bureau of
Planning
Prior to activity
requiring
permit/approval
from BCDC
BCDC
K. Noise
SCA-NOI-1: Construction Days/Hours (#62)
Applicable To: All projects involving construction.
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
N/A During
construction
Bureau of Building
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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.
SCA-NOI-2: Construction Noise (#63)
Applicable To: All projects involving construction.
Requirement: The project applicant shall implement
noise reduction measures to reduce noise impacts due
to construction. Noise reduction measures include, but
N/A During
construction
Bureau of Building
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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, impact 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 pneumatically
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
themselves 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.
SCA-NOI-3: Extreme Construction Noise (#64)
Applicable To: All projects involving construction. The Construction Noise Management Plan may be required
a. Bureau of Building
b. Bureau of Building
a. Prior to approval
of construction-
related permit
a. Bureau of Building
b. Bureau of Building
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prior to project approval.
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 approved 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.
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
b. During
construction
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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.
SCA-NOI-4: Project-Specific Construction Noise
Reduction Measures (#65)
Applicable To: All projects for which a noise study was prepared during the project review process that resulted in preliminary recommended noise reduction measures
to address specific adjacent sensitive receptors/or
businesses that may be impacted by construction noise
more than typical (e.g. pre-school activity, meditation center, skilled nursing facility, etc.)
Requirement: 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
noise impacts. The project applicant shall implement the approved Plan during construction.
Bureau of Building Prior to approval of
construction-
related permit
Bureau of Building
SCA-NOI-5: Construction Noise Complaints (#66)
Applicable To: All major development projects,
specifically those involving:
a. Construction of 50 or more residential dwelling
units;
b. Construction of 50,000 sq. ft. or more of
nonresidential floor area; or
c. CEQA review (e.g., negative declaration, mitigated
negative declaration, or EIR).]
Requirement: The project applicant shall submit to the
City for review and approval a set of procedures for
responding to and tracking complaints received
pertaining to construction noise, and shall implement
the procedures during construction. At a minimum, the
procedures shall include:
a. Designation of an on-site construction complaint
Bureau of Building Prior to approval of
construction-
related permit
Bureau of Building
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and enforcement manager for the project;
b. A large on-site sign near the public right-of-way
containing permitted construction days/hours,
complaint procedures, and phone numbers for the
project complaint manager and City Code
Enforcement unit;
c. Protocols for receiving, responding to, and tracking received complaints; and
d. Maintenance of a complaint log that records
received complaints and how complaints were
addressed, which shall be submitted to the City for
review upon the City’s request.
SCA-NOI-6: Exposure to Community Noise (#67)
Applicable To: All projects for which a noise study was performed during the project review process and the
project exposure to community noise is Conditionally
Acceptable, Normally Unacceptable, or Clearly
Unacceptable per the land use compatibility guidelines
of the Noise Element of the Oakland General Plan.
Requirement: The project applicant shall submit a Noise Reduction Plan prepared by a qualified acoustical
engineer for City review and approval that contains
noise reduction measures (e.g., sound-rated window,
wall, and door assemblies) to achieve an acceptable
interior noise level in accordance with the land use
compatibility guidelines of the Noise Element of the
Oakland General Plan. The applicant shall implement the approved Plan during construction. To the maximum
extent practicable, interior noise levels shall not exceed the following:
a. 45 dBA: Residential activities, civic activities, hotels b. 50 dBA: Administrative offices; group assembly
activities
c. 55 dBA: Commercial activities
d. 65 dBA: Industrial activities
Bureau of Planning Prior to approval of
construction-
related permit
Bureau of Building
SCA-NOI-7: Operational Noise (#68)
Applicable To: All projects.
Requirement: Noise levels from the project site after
N/A Ongoing Bureau of Building
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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.
SCA-NOI-8: Exposure to Vibration (#69)
Applicable To: All projects involving new residential
facilities or new dwelling units located adjacent to an active rail line.
Requirement: The project applicant shall submit a
Vibration Reduction Plan prepared by a qualified
acoustical consultant for City review and approval that contains vibration reduction measures to reduce
groundborne vibration to acceptable levels per Federal
Transit Administration (FTA) standards. The applicant
shall implement the approved Plan during construction.
Potential vibration reduction measures include, but are not limited to, the following:
a. Isolation of foundation and footings using resilient elements such as rubber bearing pads or springs,
such as a “spring isolation” system that consists of
resilient spring supports that can support the
podium or residential foundations. The specific
system shall be selected so that it can properly
support the structural loads, and provide adequate
filtering of groundborne vibration to the residences
above.
b. Trenching, which involves excavating soil between
the railway and the project so that the vibration path
is interrupted, thereby reducing the vibration levels
before they enter the project’s structures. Since the
reduction in vibration level is based on a ratio
between trench depth and vibration wavelength,
additional measurements shall be conducted to
determine the vibration wavelengths affecting the
project. Based on the resulting measurement
findings, an adequate trench depth and, if required,
N/A Ongoing Bureau of Building
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suitable fill shall be identified (such as foamed
styrene packing pellets [i.e., Styrofoam] or low-
density polyethylene).
SCA-NOI-9: Vibration Impacts on Adjacent Historic
Structures or Vibration-Sensitive Activities (#70)
Applicable To: All projects involving construction
adjacent to an historical resource under CEQA or
adjacent to vibration sensitive activities where vibration could substantially interfere with normal operations.
Requirement: The project applicant shall submit a
Vibration Analysis prepared by an acoustical and/or
structural engineer or other appropriate qualified
professional for City review and approval that
establishes pre-construction baseline conditions and
threshold levels of vibration that could damage the
structure and/or substantially interfere with
activities.The Vibration Analysis shall identify design means and methods of construction that shall be
utilized in order to not exceed the thresholds. The
applicant shall implement the recommendations during
construction.
Bureau of Building Prior to
construction
Bureau of Building
L. Population and Housing
SCA-POP-1: Jobs/Housing Impact Fee (#71)
Applicable To: The following condition applies to all
projects per OMC chap. 15.68 involving new
construction of office or warehousing activities
containing at least 25,000 sq. ft. of floor area.
Requirement: The project applicant shall comply with
the requirements of the City of Oakland Jobs/Housing
Impact Fee Ordinance (chapter 15.68 of the Oakland
Municipal Code).
Bureau of Building Prior to
construction
N/A
SCA-POP-2: Affordable Housing Impact Fee (#72)
Applicable To: The following condition applies to all
projects subject to the Affordable Housing Impact Fee
Ordinance per OMC chap. 15.72. Please refer to the
ordinance and administrative regulations for project
applicability and requirements.
Requirement: The project applicant shall comply with
Bureau of Building Prior to issuance of
building permit;
subsequent
milestones
pursuant to
ordinance
N/A
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the requirements of the City of Oakland Affordable
Housing Impact Fee Ordinance (chapter 15.72 of the
Oakland Municipal Code).
When Required: Prior to issuance of building permit;
subsequent milestones pursuant to ordinance
Initial Approval: Bureau of Building
Monitoring/Inspection: N/A
SCA-POP-3: Residential Tenants (#92)
Applicable To: The following condition applies to all
projects that affect existing residential units on the site (including unpermitted units and live/work units)
resulting in temporary or permanent eviction,
displacement or relocation of existing residential
tenants, or residential tenants previously evicted or
relocated in the past 12 months, due to the project or
City action related to the project (e.g., the building was “red-tagged” by the City in response to a code violation).
Requirement: The property owner shall comply with all
applicable laws and requirements concerning residential tenants, including but not limited to, the City’s Rent
Adjustment Ordinance (OMC chap. 8.22, Article I), Just
Cause Eviction Ordinance (OMC chap. 8.22, Articles II & III), Tenant Protection Ordinance (OMC chap. 8.22,
Article V) and Code Compliance Relocation Ordinance
(OMC chap. 15.60). Existing and former tenants
temporarily or permanently evicted, displaced or
relocated due to the project or City action related to the project may be entitled to protections and benefits,
including, but not limited to, relocation payments and
the right to return to previous units. The property owner may be required to submit evidence of compliance with
applicable tenant protection laws upon request of the
City. For more information, please contact the Oakland
Housing Assistance Center: 250 Frank H. Ogawa Plaza,
6th Floor, Oakland,
California, 94612; (510) 238-6182.
N/A
Ongoing N/A
M. Public Services, Facilities, and Recreation
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Mitigation Measure PUB-1: Part 1) The City shall
explore updating the Capital Improvement Impact fees,
and/or implement a dedicated impact fee specific to
parks and recreation. Dedicating a portion of the impact fee to fund green stormwater infrastructure in public
spaces should be explored. Part 2) The City shall study the feasibility of creating a Privately Owned Public
Spaces (POPOS) program so that outdoor and indoor
spaces can be provided for public enjoyment by private
owners in exchange for bonus floor area or waivers. An
equity analysis will be conducted as part of the study to explore strategies to encourage equitable access.
Cumulative Mitigation Measure PUB-1: Implement
Mitigation Measure PUB-1
SCA-PUB-1: Compliance with Other Requirements (#3)
The project applicant shall comply with all 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 SCA #4 (Minor and Major
Changes).
N/A N/A N/A
SCA-PUB-2: Fire Safety Phasing Plan (#46)
Requirement: The project applicant shall submit a Fire
Safety Phasing Plan for City review and approval, and
shall implement the approved Plan. The Fire Safety
Phasing Plan shall include all of the fire safety features incorporated into each phase of the project and the
schedule for implementation of the features.
Oakland Fire Department
Prior to approval of
construction-
related permit
Monitoring/Inspection:
Bureau of Building
SCA-PUB-3: Capital Improvements Impact Fee (#73)
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).
Bureau of Building Prior to issuance of
building permit
N/A
N. Utilities
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Mitigation Measure UTL-1: Part 1) The City of Oakland
shall adopt a new SCA and/or revise existing SCA/s that includes the following: New development as a result of
the implementation of the Specific Plan shall determine the adequacy and condition of the existing storm
drainage infrastructure impacted by the project. The
project watershed shall be analyzed for post-
construction impacts to drainage within the watershed,
accounting for the condition of the existing
infrastructure. For any identified adverse impacts,
mitigation measures shall be proposed and
implemented as part of the project.
Part 2) All future projects under the Specific Plan shall require the installation of full trash capture device at priority storm drain inlets in the project area and within a 100-foot buffer around the project boundary.
Part 3) Consider establishing a dedicated impact fee
specific to stormwater to address the aging system that is in addition to the citywide Capital Improvements Fee.
Recommended fees should be calculated by square
footage.
Cumulative Mitigation Measure UTL-1: Implement
Mitigation Measure UTL-1.
SCA-UTL-1: Compliance with Other Requirements (#3)
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 SCA #4: Minor and Major Changes.
N/A N/A N/A
SCA-UTL-2: Construction Management Plan (#13)
Prior to the issuance of the first construction-related permit, the project applicant and his/her general
contractor shall submit a Construction Management Plan
for review and approval by the Bureau of Planning,
N/A N/A N/A
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Bureau of Building, and other relevant City departments such as the Fire Department, Department of
Transportation, and the Public Works Department as
directed. The Construction Management Plan shall
contain measures to minimize potential construction
impacts including measures to comply with all
construction-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, stormwater pollution
prevention, noise control, complaint management, and
cultural resource management (see applicable
Conditions below). The Construction Management Plan
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.
SCA-UTL-3: Erosion and Sedimentation Control Plan
for Construction (#48)
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 grading
and/or construction operations. The Plan shall include, but not be limited to, such measures as short-term
erosion control planting, waterproof slope covering,
check dams, interceptor ditches, benches, storm drains, N/A
During construction Bureau of Building
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dissipation structures, diversion dikes, retarding berms and barriers, devices to trap, store and filter out
sediment, and stormwater retention basins. Off-site
work by the project applicant 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 construction 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.
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.
SCA-UTL-4: State Construction General Permit (#50)
Applicable To: The following condition applies to all
projects that disturb one acre or more of surface area.
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 (NOI), 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.
State Water Resources
Control Board; evidence of
compliance submitted to
Bureau of Building
Prior to approval of
construction-
related permit
State Water Resources
Control Board
SCA-UTL-5: Site Design Measures to Reduce
Stormwater Runoff (#52)
Applicable To: The following condition applies to all
projects that create or replace (any amount) of
impervious surface, except projects considered
N/A Ongoing N/A
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Regulated Projects under the NPDES C.3 requirements
(see other condition for NPDES C.3 Regulated 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 is
encouraged 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
b. parking areas;
c. Utilize permeable paving in place of impervious
paving where appropriate;
d. Cluster structures;
e. Direct roof runoff to vegetated areas;
f. Preserve quality open space; and
g. Establish vegetated buffer areas.
SCA-UTL-6: Source Control Measures to Limit
Stormwater Pollution (#53)
Applicable to: The following condition applies to all
projects, except projects considered Regulated Projects under the NPDES C.3 requirements (see other condition
for NPDES C.3 Regulated 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 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;
N/A Ongoing N/A
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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.
SCA-UTL-7: Construction and Demolition Waste
Reduction and Recycling (#82)
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 for City review and approval and shall
implement the approved Waste Reduction and Recycling
Plan. 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 Waste Reduction and Recycling Plan 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 Waste Reduction and Recycling Plan 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.
Public Works Department,
Environmental Services
Department
Prior to approval of
construction-
related permit
Public Works Department,
Environmental Services
Department
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SCA-UTL-8: Underground Utilities (#83)
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.
N/A During
construction
Bureau of Building
SCA-UTL-9: Recycling Collection and Storage Space
(#84)
Applicable to: The following condition applies to all
projects per chapter of 17.118 of the Oakland Planning
Code that involve any of the following:
a. New residential development of five or more
units;
b. Alterations to existing residential development
of five or more units that increase the floor area by 30% or more;
c. New commercial or industrial development;
d. Alterations to existing commercial or industrial
development that increase the floor area by 30% or
more;
e. New public facilities; or
f. Alterations to areas of existing public facilities
used for collecting and loading solid waste.
Requirement: The project applicant shall comply with
the City 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 Bureau of Planning Prior to approval of
construction-
related permit
Bureau of Building
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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.
SCA-UTL-10: Green Building Requirements (#85)
Applicable to: The following condition applies to all
projects involving any the following:
Residential
a. New Construction of a One or Two Family
Dwelling
b. New Construction of a Multi-Family Dwelling (3+
units);
c. Additions or Alterations to a One or Two Family
Dwelling over 1,000 sq. ft. of total floor area; or
d. Construction of or Alteration to Residential
Units (any amount) that Receive City Funding (NOFA
projects)
Non-Residential
a. New Construction of Non-Residential Building
over 25,000 sq. ft. of total floor area; or
b. Major Alterations (see Green Building
Definitions) over 25,000 sq. ft. of total floor area to a Non-Residential Building.]
a. Compliance with Green Building Requirements
During Plan-Check
Requirement: The project applicant shall comply with
the requirements of the California Green Building
Standards (CALGreen) mandatory measures and the
applicable requirements of the City of Oakland Green
Building Ordinance (chapter 18.02 of the Oakland
Municipal Code).
i. The following information shall be submitted to the
City for review and approval with the application for a building permit:
▪ Documentation showing compliance with Title 24
of the current version of the California Building
a. Bureau of Building
b. N/A
c. Bureau of Planning
a. Prior to approval
of construction-
related permit
b. During
construction
c. Prior to final
approval
a. N/A
b. Bureau of Building
c. Bureau of Building
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Energy Efficiency Standards.
▪ Completed copy of the final green building
checklist approved during the review of the
Planning and Zoning permit.
▪ Copy of the Unreasonable Hardship Exemption, if
granted, during the review of the Planning and
Zoning permit.
▪ Permit plans that show, in general notes, detailed
design drawings, and specifications as necessary,
compliance with the items listed in subsection (ii)
below.
▪ Copy of the signed statement by the Green
Building Certifier approved during the review of
the Planning and Zoning permit that the project
complied with the requirements of the Green
Building Ordinance.
▪ Signed statement by the Green Building Certifier
that the project still complies with the
requirements of the Green Building Ordinance,
unless an Unreasonable Hardship Exemption was
granted during the review of the Planning and
Zoning permit.
▪ Other documentation as deemed necessary by the
City to demonstrate compliance with the Green
Building Ordinance.
ii. The set of plans in subsection (i) shall demonstrate compliance with the following:
▪ CALGreen mandatory measures.
▪ All pre-requisites per the green building checklist
approved during the review of the Planning and
Zoning permit, or, if applicable, all the green
building measures approved as part of the
Unreasonable Hardship Exemption granted during
the review of the Planning and Zoning permit.
▪ The point level certification requirement is 53
points for residential and LEED Gold (mid-60
points minus cool roof requirements) for non-
residential per the appropriate checklist approved
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during the Planning entitlement process.
▪ All green building points identified on the
checklist approved during review of the Planning
and Zoning permit, unless a Request for Revision
Plan-check application is submitted and approved
by the Bureau of Planning that shows the
previously approved points that will be eliminated
or substituted.
▪ The required green building point minimums in
the appropriate credit categories.
b. Compliance with Green Building Requirements
During Construction
Requirement: The project applicant shall comply with
the applicable requirements of CALGreen and the
Oakland Green Building Ordinance during construction
of the project.
The following information shall be submitted to the City for review and approval:
i. Completed copies of the green building checklists
approved during the review of the Planning and
Zoning permit and during the review of the building
permit.
ii. Signed statement(s) by the Green Building Certifier during all relevant phases of construction that the
project complies with the requirements of the Green
Building Ordinance.
iii. Other documentation as deemed necessary by the
City to demonstrate compliance with the Green
Building Ordinance.
c. Compliance with Green Building Requirements
After Construction
Requirement: Prior to the finalizing the Building Permit, the Green Building Certifier shall submit the appropriate documentation to City staff and attain the minimum
required point level.
SCA-UTL-11: Green Building Requirements: Small
Projects (#86)
a. Bureau of Building
a. Prior to approval
of construction-
a. N/A
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Applicable To: All projects involving any of the following and are rated using the Small Commercial or Bay
Friendly Basic Landscape Checklists:
a. New Construction of Non-Residential Buildings
between 5,000 and 25,000 sq. ft. of total floor area;
b. Additions/Alterations 5,000 and 25,000 sq. ft. of
total floor area to a Non-Residential Building;
c. Additions/Alterations (not meeting the Major
Alteration Definition) over 25,000 sq. ft. of total
floor area to a Non-Residential Building;
d. Additions/Alterations 5,000 and 25,000 sq. ft. of
total floor area to a Historic Non-Residential
Building;
e. Additions/Alterations (not meeting the Major
Alteration Definition) over 25,000 sq. ft. of total
floor area to a Historic Non-Residential Building; or
f. Construction projects with over 25,000 sq. ft. of
total floor area of new construction requiring a
landscape plan.]
a. Compliance with Green Building Requirements
During Plan-Check
The project applicant shall comply with the
requirements of the California Green Building Standards (CALGreen) mandatory measures and the applicable
requirements of the City of Oakland Green Building
Ordinance (chapter 18.02 of the Oakland Municipal
Code) for projects using the StopWaste.Org Small
Commercial Checklist or Bay Friendly Basic Landscape
Checklist].
i. The following information shall be submitted to the
City for review and approval with application for a
building permit:
▪ Documentation showing compliance with Title 24
of the current version of the California Building
Energy Efficiency Standards.
▪ Completed copy of the green building checklist
approved during the review of a Planning and
Zoning permit.
b. N/A
related permit
b. During
construction
b. Bureau of Building
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▪ Permit plans that show in general notes, detailed
design drawings and specifications as necessary
compliance with the items listed in subsection (b)
below.
▪ Other documentation to prove compliance.
ii. The set of plans in subsection (a) shall demonstrate compliance with the following:
▪ CALGreen mandatory measures.
▪ All applicable green building measures identified
on the checklist approved during the review of a
Planning and Zoning permit, or submittal of a
Request for Revision Plan-check application that
shows the previously approved points that will be
eliminated or substituted.
b. Compliance with Green Building Requirements
During Construction
Requirement: The project applicant shall comply with
the applicable requirements of CALGreen and the Green
Building Ordinance during construction.
The following information shall be submitted to the City for review and approval:
i. Completed copy of the green building checklists
approved during review of the Planning and Zoning
permit and during the review of the Building permit.
ii. Other documentation as deemed necessary by the
City to demonstrate compliance with the Green
Building Ordinance.
SCA-UTL-12: Sanitary Sewer System (#87)
Applicable To: The following condition applies to all
major development projects, specifically those involving any of the following:
a. Construction of 50 or more residential dwelling
units;
b. Construction of 50,000 sq. ft. or more of
nonresidential floor area; or
c. CEQA review (e.g., negative declaration,
mitigated negative declaration, or EIR).]
Public Works Department,
Department of Engineering
and Construction
Prior to approval of
construction-
related permit
N/A
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Requirement: The project applicant shall prepare and
submit a Sanitary Sewer Impact Analysis to the City for review and approval in accordance with the City of
Oakland Sanitary Sewer Design Guidelines. The Impact
Analysis shall include an estimate of pre-project and
post-project wastewater flow from the project site. In
the event that the Impact Analysis indicates that the net increase in project wastewater flow exceeds City-
projected increases in wastewater flow in the sanitary
sewer system, the project applicant shall pay the
Sanitary Sewer Impact Fee in accordance with the City’s Master Fee Schedule for funding improvements to the
sanitary sewer system.
SCA-UTL-13: Storm Drain System (#88)
Applicable To: The following condition applies to all
major development projects, specifically those involving any of the following:
a. Construction of 50 or more residential dwelling
units;
b. Construction of 50,000 sq. ft. or more of
nonresidential floor area; or
c. CEQA review (e.g., negative declaration,
mitigated negative declaration, or EIR).]
Requirement: The project storm drainage system shall
be designed in accordance with the City of Oakland’s
Storm Drainage Design Guidelines. To the maximum
extent practicable, peak stormwater runoff from the
project site shall be reduced by at least 25 percent
compared to the pre-project condition.
Bureau of Building Prior to approval of
construction-
related permit
Bureau of Building
SCA-UTIL-14: Recycled Water (#89)
Applicable To: The following condition applies to all
projects per OMC section 16.08.030 involving a
tentative map approval (tentative parcel map or tentative tract map) for a land subdivision or condominium
subdivision located in the EBMUD Recycled Water Project area (generally portions of West Oakland, Downtown,
and Jack London Square; staff can refer to the map on
the City server).
Requirement: Pursuant to Section 16.08.030 of the
Bureau of Planning; Bureau
of Building
Prior to approval of
construction-
related permit
Bureau of Building
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Oakland Municipal Code, the project applicant shall
provide for the use of recycled water in the project for feasible recycled water uses unless the City determines that there is a higher and better use for the recycled
water, the use of recycled water is not economically
justified for the project, or the use of recycled water is not financially or technically feasible for the project.
Feasible recycled water uses may include, but are not
limited to, landscape irrigation, commercial and
industrial process use, and toilet and urinal flushing in non-residential buildings. The project applicant shall
contact the New Business Office of the East Bay
Municipal Utility District (EBMUD) for a recycled water feasibility assessment by the Office of Water Recycling.
If recycled water is to be provided in the project, the project drawings submitted for construction-related
permits shall include the proposed recycled water
system and the project applicant shall install the
recycled water system during construction.
SCA-UTL-15: Water Efficient Landscape Ordinance
(WELO) (#90)
Applicable To: The following condition applies to all
projects involving:
a. New Construction Projects with an aggregate
landscape area equal to or greater than 500 sq.ft. (For the purpose of this condition “New Construction” means
a new building with a landscape or other new landscape
not associated with a building);
b. Rehabilitated Landscape Projects with an
aggregate landscape area equal to or greater than 2,500 sq. ft. (For the purpose of this Condition “Rehabilitated” means any re-landscaping project);
c. Existing Landscapes; and
d. Cemeteries
Requirement: The project applicant shall comply with
California’s Water Efficient Landscape Ordinance (WELO) in order to reduce landscape water usage. For the
specific ordinance requirements, see the link below:
http://www.water.ca.gov/wateruseefficiency/landscapeo
Bureau of Planning Prior to approval of
construction-
related permit
Bureau of Building
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rdinance/docs/Title%2023%20extract%20-
%20Official%20CCR%20pages.pdf
For any landscape project with an aggregate (total
noncontiguous) landscape area equal to 2,500 sq. ft. or less. The project applicant may implement either the
Prescriptive Measures or the Performance Measures, of,
and in accordance with the California’s Model Water
Efficient Landscape Ordinance. For any landscape
project with an aggregate (total noncontiguous)
landscape area over 2,500 sq. ft., the project applicant shall implement the Performance Measures in
accordance with the WELO.
Prescriptive Measures: Prior to construction, the project applicant shall submit documentation showing
compliance with Appendix D of California’s Model Water
Efficient Landscape Ordinance (see page 38.14(g) in the link above).
Performance Measures: Prior to construction, the project applicant shall prepare and submit a
Landscape Documentation Package for review and
approval, which includes the following:
a. Project Information:
i. Date,
ii. Applicant and property owner name,
iii. Project address,
iv. Total landscape area,
v. Project type (new, rehabilitated, cemetery, or
homeowner installed),
vi. Water supply type and water purveyor,
vii. Checklist of documents in the package, and
viii. Applicant signature and date with the
statement: “I agree to comply with the
requirements of the water efficient landscape
ordinance and submit a complete Landscape
Documentation Package.”
b. Water Efficient Landscape Worksheet:
i. Hydrozone Information Table
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ii. Water Budget Calculations with Maximum
Applied Water Allowance (MAWA) and Estimated
Total Water Use
c. Soil Management Report
d. Landscape Design Plan
e. Irrigation Design Plan, and
f. Grading Plan
Upon installation of the landscaping and irrigation
systems, the Project applicant shall submit a Certificate of Completion and landscape and irrigation
maintenance schedule for review and approval by the
City. The Certificate of Compliance shall also be
submitted to the local water purveyor and property
owner or his or her designee.
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