Oakland City Planning Commission September 18, 2024
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ATTACHMENT B
CONDITIONS OF APPROVAL
STANDARD ADMINISTRATIVE CONDITIONS
1. Approved Use
The project shall be constructed and operated in accordance with the authorized use as described in the approved application materials, approved “Oakland Estuary Park Renovation + Expansion Project Master Plan” plans prepared by WRT dated May 12, 2023, as amended by the following conditions of approval and mitigation measures, if applicable (“Conditions of Approval” or “Conditions”).
2. Effective Date, Expiration, Extensions and Extinguishment This Approval shall become effective immediately. This Approval shall expire fifteen (15) years from the Approval date, or from the date of the final decision in the event of an appeal, unless within such period a complete building permit application has been filed with the Bureau of Building and diligently pursued to wards completion, or the authorized activities have commenced in the case of a permit not involving construction or alteration. Pursuant to Section 17.135.050(A)(1) of the Oakland Planning Code, any improvement or change in use that is consistent with the Estuary Park Master Plan shall not require a Conditional Use Permit, even where they involve facilities or activities that would otherwise require a Major or Minor Conditional Use Per mit in Section 17.11.060. Projects sha ll be eligible for this provision only if the proposed project is consistent with the Estuary Park Master Plan and is within fifteen (15) years of the date of the City Council’s approval of the Estuary Park Master Plan, or within fifteen (15) years of an amendment or update to the Estuary Park Master Plan with City Council approval. The determination that a project is consistent with the Estuary Park Master Plan shall be made by the Dir ector of City Planning, or their designee. If litigation is filed challenging this Approval, or its implementation, then the time period stated above for obtaining necessary permits for cons truction or alteration and/or commencement of authorized activities is automatically extended for the duration of the litigation.
3. Compliance with Other Requirements
The project applicant shall comply with all other applicable federal, state, regional, and local laws/codes, requirements, regulations, and guidelines, including but not limited to those imposed by the City’s Bureau of Building, Fire Marshal, Department of Transportation, and Public Works Department. Compliance with other applicable requirements may require changes to the approved use and/or plans. Th ese changes shall be processed in accordance with the procedures contained in Condition #4.
4. Minor and Major Changes
a. Minor changes to the approved project, plans, Conditions, facilities, or use may be approved administratively by the Director of City Planning b. Major changes to the approved project, plans, Conditions, facilities, or use shall be reviewed by the Director of City Planning to determine whether such changes require submittal and approval of a revision to the Approval by the original approving body or a Estuary Park Master Plan Staff Report Attachment E – Conditions of Approval Oakland City Planning Commission September 18, 2024
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new independent permit/approval. Major revisions shall be reviewed in accordance with the procedures required for the original permit/approval. A new independent permit/approval shall be reviewed in accordance with the procedures required for the new permit/approval.
5. Compliance with Conditions of Approval
a. The project applicant and property owner, including successors, (collectively referred to hereafter as the “project applicant” or “a pplicant”) shall be responsible for compliance with all the Conditions of Approval a nd any recommendations contained in any submitted and approved technical report at his/her sole cost and expense, subject to review and approval by the City of Oakland.
b. The City of Oakland reserves the right at any time during construction to require certification by a licensed professional at the project applicant’s expense that the as-built project conforms to all applicable requirements, including but not limited to, approved maximum heights and minimum setbacks. Failure to construct the project in accordance with the Approval may result in remedial reconstructi on, permit revoca tion, permit modification, stop work, permit suspension, or other corrective action. c. Violation of any term, Condition, or project description relating to the Approval is unlawful, prohibited, and a violation of th e Oakland Municipal Code. The City of Oakland reserves the right to initiate civil and/or criminal enforcement and/or abatement proceedings, or after notice and public heari ng, to revoke the Approval or alter these Conditions if it is found that there is violation of any of the Conditions or the provisions of the Planning Code or Muni cipal Code, or the project operates as or causes a public nuisance. This provision is not intended to, nor does it, limit in any manner whatsoever the ability of the City to take appropriate enforcement actions. The project applicant shall be responsible for paying fees in accordan ce with the City’s Master Fee Schedule for inspections conducted by the City or a City-designated third-party to investigate alleged violations of the Approval or Conditions.
6. Signed Copy of the Approval/Conditions
A copy of the Approval letter and Conditions shall be signed by the project applicant, attached to each set of permit plans submitted to the appropriate City agency for the project, and made available for review at the project job site at all times.
7. Blight/Nuisances
The project site shall be kept in a bligh t/nuisance-free condition. Any existing blight or nuisance shall be abated within sixty (60) days of approval, unless an earlier date is specified elsewhere.
8. Indemnification
a. To the maximum extent permitted by law, the project applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of Oakland, the Oakland City Council, the Oakland Redevelopment Successor Agency, the Oakland City Planning Commission, and their respective agen ts, officers, employees, and volunteers (hereafter collectively called “City”) from any liability, damages, cl aim, judgment, loss (direct or indirect), action, causes of acti on, or proceeding (including legal costs, Oakland City Planning Commission September 18, 2024
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attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called “Action”) against th e City to attack, set aside, void or annul this Approval or implementation of this Approval. The City may elect, in its sole discretion, to participate in the defense of said Action and the pr oject applicant shall reimburse the City for its reasonable legal costs and attorneys’ fees. b. Within ten (10) calendar da ys of the filing of any Action as specified in subsection (a) above, the project applicant shall execute a Joint Defense Letter of Agreement with the City, acceptable to the Office of the City Attorney, which memorializes the above obligations. These obligations and the Joint Defense Letter of Agreement shall survive termination, extinguishment, or invalidation of the Approval. Failure to timely execute the Letter of Agreement does not relieve the pr oject applicant of any of the obligations contained in this Condition or other requirements or Conditions of Approval that may be imposed by the City.
9. Severability
The Approval would not have been granted but for the applicability and validity of each and every one of the specified Conditions, and if one or more of such Conditions is found to be invalid by a court of competent jurisdiction this Approval would not have been granted without requiring other valid Conditions cons istent with achieving the same purpose and intent of such Approval.
10. Special Inspector/Inspections, Independent Technical Review, Project Coordination and Monitoring
The project applicant may be required to cove r the full costs of i ndependent third-party technical review and City monitoring and inspection, including without limitation, special inspector(s)/inspection(s) during times of extensive or specialized plan-check review or construction, and inspections of potential violations of the Conditions of Approval. The project applicant shall establish a deposit with Engineering Services and/or the Bureau of Building, if directed by the Director of Public Works, Building Official, Director of City Planning, Director of Transporta tion, or designee, prior to the issuance of a construction- related permit and on an ongoing as-needed basis.
11. Public Improvements
The project applicant shall obtain all necessa ry permits/approvals, such as encroachment permits, obstruction permits, cu rb/gutter/sidewalk permits, and public improvement (“p- job”) permits from the City for work in the public right-of-way, including but not limited to, streets, curbs, gutters, sidewalks, utilities, and fire hydrants. Prior to any work in the public right-of-way, the applicant shall submit plans for review and approval by the Bureau of Planning, the Bureau of Building, Engineering Services, Department of Transportation, and other City departments as requi red. Public improvements shall be designed and installed to the satisfaction of the City.
12. Compliance Matrix
The project applicant shall submit a Compliance Matrix, in both written and electronic form, for review and approval by the Bureau of Planning and the Bureau of Building that lists each Condition of Approval (including each mitigation measure if applicable) in a sortable Oakland City Planning Commission September 18, 2024
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spreadsheet. The Compliance Matrix shall contain, at a minimum, each required Condition of Approval, when compliance with the Conditi on is required, and the status of compliance with each Condition. For multi-phased projects, the Compliance Matrix shall indicate which Condition applies to each phase. The project ap plicant shall submit the initial Compliance Matrix prior to the issuance of the first construction-related permit and shall submit an updated matrix upon request by the City.
13. Construction Management Plan
Prior to the issuance of the first construction-related permit, the project applicant and his/her general contractor shall submit a Construction Management 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 if applicable) such as dust control, construction emissions, hazardous materials, construction days/hours, co nstruction traffic cont rol, 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 logis tics plan, fire safety plan, c onstruction phasing plan, proposed truck routes, traffic control pl an, complaint management pla n, construction worker parking plan, and litter/debris clean-up plan) that specify how potential construction impacts will be minimized and how each construction-relate d requirement will be satisfied throughout construction of the project.
14. Standard Conditions of Approval / Mitigat ion Monitoring and Reporting Program (SCAMMRP)
a. All mitigation measures identified in the Addendum #2 to the Oak to Ninth Project Environmental Impact Report are included in the Standard Condition of Approval / Mitigation Monitoring and Reporting Program (SCAMMRP) which is included in these Conditions of Approval and are incorporated herein by reference, as Attachment C as Conditions of Approval of the project. The Standard Conditions of Approval identified in Addendum #2 to the Oak to Ninth Avenue Project Environmental Impact Report are also included in the SCAMMRP, and are, therefore, incorporated into these Conditions by reference but are not repeated in these Conditions. To the extent that there is any inconsistency between the SCAMMRP and these Conditions, the more restrictive Conditions shall govern. In the event a St andard Condition of Approval or mitigation measure recommended in the Addendum #2 to the Oak to Ninth Avenue Project Environmental Impact Report has been inadvertently omitted from the SCAMMRP, that Standard Condition of Approval or mitigation measure is adopted and incorporated from the Addendum #2 to the Oak to Ninth Avenue Project Environmental Impact Report into the SCAMMRP by reference, and adopted as a Condition of Approval. The project applicant and property owner shall be res ponsible for compliance with the requirements of any submitted and approved technical re ports, all applicable mitigation measures adopted, and with all Conditions of Approval se t forth herein at his/her sole cost and expense, unless otherwise expressly provided in a specific mitigation measure or Condition of Approval, and subject to the re view and approval by th e City of Oakland.
Oakland City Planning Commission September 18, 2024
Case File Number PLN22159 & PLN22159-ER01 Page 15
The SCAMMRP identifies the timeframe and re sponsible party for implementation and monitoring for each Standard Condition of Approval and mitigation measure. Unless otherwise specified, monitoring of compliance with the Standard Conditions of Approval and mitigation measures will be the responsibility of the Bureau of Planning, with overall authority concerning compliance residing w ith the Environmental Review Officer.
Adoption of the SCAMMRP will constitute fulfillment of the CEQA monitoring and/or reporting requirement set forth in section 21081.6 of CEQA. b. Prior to the issuance of the first construction-related permit, the project applicant shall pay the applicable mitigation and monitoring fee to the City in accordance with the City’s Master Fee Schedule.
OTHER STANDARD CONDITIONS
None.
PROJECT SPECIFIC CONDITIONS OF APPROVAL
None recommended.