Decision Letter PLN 17004 320 40th St. Golden Road Brewery

CITY OF OAKLAND
DALZIEL BUILDING 250 FRANK H. OGAWA PLAZA SUITE 3315 OAKLAND, CALIFORNIA 94612
Planning and Building Department (510) 238-3941

Bureau of Planning FAX (510) 238-6538
TDD (510) 238-3254
Sent via U.S. Mail and Electronic Mail
November 14, 2017
Mr. Brandon Smith

55 4th St
Oakland CA 94607
RE: Case File No. PLN 17004; 320 40th Street; (APN: 012100001400, 012110001500)
Dear Mr. Smith
Your application, as described below, has been APPROVED for the reasons stated in Attachment A, which
contains the findings required to support this decision. Attachment B contains the Conditions of Approval
for the project. This decision is effective ten (10) days after the date of this letter unless appealed as
explained below. The following table summarizes the proposed project:
Proposal: A brew pub with a beer garden and outdoor seating and eating.
Planning Permits Required: Minor Conditional Use Permits for Custom Manufacturing for
brewery and beer garden, and a shared access facility. Regular design
review for new shipping containers that are 1,613 sq. ft. of floor area
and two open non-residential facilities: 1) a beer garden/limited
service restaurant facility of 5,524 sq. ft. and 2) a shared driveway,
trash collection and parking facility of 3094 sq.; Minor variance for a
23-foot front setback where a 20-foot maximum setback is normally
required.
General Plan: Community Commercial
Zoning: CC-2
Environmental Determination: Exempt, Section 15303 of the CEQA Guidelines: New construction
or Conversion of Small Structures
Section 15183: Projects Consistent with a Community Plan, General
Plan or Zoning
Historic Status: None
Service Delivery District: Metro
City Council District: 3
If you, or any interested party, seeks to challenge this decision, an appeal must be filed by no later than ten
calendar (10) days from the date of this letter, by 4:00 pm on November 28, 2017. An appeal shall be on a
Case file no. PLN17004; 320 40th Street
Attachment A: Findings
The proposal is for an outdoor brew pub and beer garden with an ABC compliant recreational area. The
activity requires a minor conditional use permit pursuant to Oakland Planning Code Section 17.35.01 for
the brew pub/brew garden portion of the proposal which is classified as a Custom Manufacturing Activity.
The food service portion of the activity is classified as a Limited Service Restaurant and Caf and is
permitted with a Zoning Clearance. The Open-Non-Residential Facility which includes both the brew pub
and beer garden is permitted in the CC-2 zone. The proposal also requires a minor conditional use permit
for a shared access facility, a variance of the maximum setback and design review. This proposal meets
the required findings under Conditional Use Permit Procedure/General Use Permit Criteria (OMC Sec.
17.134.050) of the Oakland Planning Code (Title 17), Section 17.148.50 Variance and Section
17.136.050(B) Design Review.
Required findings are shown in bold type; explanations as to why these findings can be made are
shown in normal type.
1) General Conditional Use Permit Procedure/General Use Permit Criteria (OMC Sec.
17.134.050) For Custom Manufacturing
A. That the location, size, design, and operating characteristics of the proposed development will be
compatible with and will not adversely affect the livability or appropriate development of abutting
properties and the surrounding neighborhood, with consideration to be given to harmony in scale,
bulk, coverage, and density; to the availability of civic facilities and utilities; to harmful effect, if
any, upon desirable neighborhood character; to the generation of traffic and the capacity of
surrounding streets; and to any other relevant impact of the development;
The buildings are organized in a U-shape configuration to surround the outdoor beer garden and eating
area and concentrate the activity on the 40th Street commercial corridor. An additional noise barrier is
proposed in the form of a second story container shell modified to meet the sound baffling
recommendations submitted by the project noise consultant. This approach provides a visual and noise
buffer to the adjacent residential area on the north and east sides of the project. The remaining land within
the parcel is used for a 20-foot-wide driveway at the north and east property lines that gives additional
buffering from the residential area. These buffers improve livability for abutting property by reducing
noise and visual intrusion.
The following additional operating characteristics also improve compatibility with the neighborhood. 1)
The driveway provides access to the existing parking lot serving residential and commercial tenants at
4021-4031 Broadway, ensuring that this parking is retained. 2) Trash and recycling will be consolidated
with the existing businesses at 4023 Broadway to eliminate existing open refuse containers in the adjacent
parking lot. 3) Although the proposed use does not generate a parking requirement, three parking spaces
are provided on the brew pub site, Given the location near Broadway, public transit options, and
availability of bike parking, it is unlikely to generate significant traffic. 4) Hours of operation are limited to
Sunday Thursday 10 AM to 10 PM and Friday and Saturday 10 AM to 11 PM. 5) The Conditions of
Approval include measures to address noise, security, trash, rodent control, lighting landscaping,
colors/graphic design as well as overall compliance
An additional review period is required after six months to evaluate whether project conditions were
implemented and whether the operation of the business is appropriate within the neighborhood. As
conditioned the driveway buffer, noise baffle, building configuration and hours of operation result in a
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design and operating characteristics that will be compatible with the surrounding neighborhood and will
not affect the livability or appropriate development of abutting properties.
B. That the location, design, and site planning of the proposed development will provide a
convenient and functional living, working, shopping, or civic environment, and will be as attractive
as the nature of the use and its location and setting warrant;
The beer pub and beer garden create a local venue that will be convenient and functional for patrons living
and working in the corridor due to the following features: 1) The location is walkable and accessible to
both business and residential areas. 2) The location is served by AC Transit with a bus stop on the 40th
right of way adjacent to the site. The area is within .7 mile of BART MacArthur Station. 3) Bicycle
parking and limited patron parking is provided on-site. 4) The site plan is compact and will provide
amenities such as a landscaped urban plaza with a gas fire pit, and seating under a lighted canopy. 5) The
Conditions of Approval include measures to address noise, security, trash, rodent control, lighting
landscaping, colors/graphic design as well as overall compliance. The location and setting of the site are
typical for urban infill along a mixed-use corridor.
C. That the proposed development will enhance the successful operation of the surrounding area in
its basic community functions, or will provide an essential service to the community or region;
The proposed brew pub and outdoor beer garden will provide a new business adding to the vitality of the
mix of businesses along Broadway and 40th Street. It will encourage local spending and provide additional
food and beverage service to the area. As conditioned, it results in additional economic activity that will
be compatible with commercial and residential activities located within this urban, mixed-use arterial
corridor.
D. That the proposal conforms to all applicable regular design review criteria set forth in the regular
design review procedure at Section 17.136.050. The new development complies with the applicable
design review findings. See the findings for Regular Design Review below for the analysis of how this
proposal specifically conforms to these criteria. The projects consistency with the Commercial Corridor
Guidelines is also discussed below.
E. That the proposal conforms in all significant respects with the Oakland General Plan and with
any other applicable guidelines or criteria, district plan or development control map which has been
adopted by the Planning Commission or City Council.
The property is in the Community Commercial designation of the Oakland General Plans Land Use and
Transportation Element (LUTE). The intent of the designation is: to identify, create, maintain, and
enhance areas suitable for a wide variety of commercial and institutional operations along the Citys
major corridors and in shopping districts or centers. The policy framework implementing this intent is
stated in both Neighborhood and Industry Commerce Objectives.
Policy Framework Goal: Encourage thriving, diverse, and attractive shopping districts in Oaklands
neighborhoods that provide a variety of goods, services, and entertainment, and which are oriented to
and well served by public transit, pedestrian, and bicycle facilities.
Objective N1: Provide for healthy, vital and accessible commercial areas that help meet local
consumer needs in the neighborhoods.
Policy N 1.1 Concentrating Commercial Development states, Commercial development in the

neighborhoods should be concentrated in areas that are economically viable and provide opportunities
for smaller scale, neighborhood-oriented retail.
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Objective I/C-1: Expand and retain Oaklands job base and economic strength.
Policy I/C1.1 Attracting New Business states:The City will strive to attract new businesses to Oakland
which have potential economic benefits in terms of jobs and/or revenue generation.
The proposal meets the intent of the LUTE and the policy framework by adding a new business to the
existing concentration of commercial activities along 40rd Street and Broadway. The activity is within the
range of uses already allowed in this area and will serve both a neighborhood and district wide customer
base. It is in an economically viable commercial area on a surface parking lot, and provides a smaller
scale local oriented business. As a new business, it will add new employment opportunities and generate
new revenue.
2) General Conditional Use Permit Procedure/General Use Permit Criteria (OMC Sec.
17.134.050) For Shared Access Facility
A. That the location, size, design, and operating characteristics of the proposed development will be
compatible with and will not adversely affect the livability or appropriate development of abutting
properties and the surrounding neighborhood, with consideration to be given to harmony in scale,
bulk, coverage, and density; to the availability of civic facilities and utilities; to harmful effect, if
any, upon desirable neighborhood character; to the generation of traffic and the capacity of
surrounding streets; and to any other relevant impact of the development;
The shared access facility provides necessary access to the parking lot at 4021-4031 for the use of tenants
on that site. It improves the livability of the development by providing additional parking, securing access
to parking that already exists, creating a location for shared garbage and recycling management and acting
as a buffer between the proposed commercial activity and surrounding residential uses.
B. That the location, design, and site planning of the proposed development will provide a
convenient and functional living, working, shopping, or civic environment, and will be as attractive
as the nature of the use and its location and setting warrant;
The proposed driveway provides safe and functional access that meets city standards. It is 12 wide, and is
designed to be a buffer between commercial and residential uses. It provides an adequate turning radius to
allow vehicular movement around the back side of the proposed commercial development. It terminates at
the adjacent parking lot where parking or turnaround can occur. Landscaping will be provided at the entry.
C. That the proposed development will enhance the successful operation of the surrounding area in
its basic community functions, or will provide an essential service to the community or region;
The proposed shared access easement facilitates an improved layout and project design for the Golden
Road Brew Pub and Beer Garden by providing buffering, improved trash and recycling function and
allows retention of 3 parking places on site. It enhances the successful operation of businesses and
residential uses on 4021-4031 Broadway by providing dedicated access to the existing parking area serving
those uses, and facilitation improved trash management.
D. That the proposal conforms to all applicable regular design review criteria set forth in the regular
design review procedure at Section 17.136.050
The shared access facility design complies with the applicable design review findings by contributing to an
overall improved project design. See the findings for Regular Design Review below for the analysis of
how this proposal specifically conforms to these criteria. The projects consistency with the Commercial
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Corridor Guidelines is also discussed below.
E. That the proposal conforms in all significant respects with the Oakland General Plan and with
any other applicable guidelines or criteria, district plan or development control map which has been
adopted by the Planning Commission or City Council.
The shared access easement allows infill development to occur and at the same time retains legal access to
the adjacent off-site parking lot. This action is consistent with General Plan policy supporting infill
development, particularly along commercial corridors because it facilitates the project. See findings above
for additional LUTE objectives and policies that the project conforms with.
Additional use permit criteria for a Shared Access Facility

1. Compliance with Guidelines. Each shared access facility proposal shall be in compliance with all
applicable City standards, including but not limited to the City Planning Commission guidelines for
development and evaluation of shared access facilities.
The proposed facility serves existing platted lots with developed parking in a context where existing
commercial and residential properties and activities already have street access from Broadway. The
proposed access easement provides secondary access to the properties it serves and will be used for
accessory parking and trash collection. It complies with Engineering Standard S-2 for driveway width and
with the Planning Commission guidelines for width (12 feet), and for point of entry site distance.
2. Public Safety. The width of a shared access facility shall be adequate to ensure unimpeded
emergency and nonemergency ingress and egress at all times. Additionally, the shared access facility
shall conform to City standards for roadway layout and design.
The facility is 12 feet wide and meets the adopted minimum standard for a commercial driveway
(Engineering Design Services Detail S-2) and as conditioned will met minimum standards for layout and
design. Given the flat lot and open nature of the project, emergency and non-emergency ingress and egress
is provided.
3. Aesthetics. A shared access facility shall be designed to provide the environmentally superior
alternative to other approaches for the development of the property and shall be designed to be
visually compatible with its surroundings, as set forth in the City Planning Commission guidelines;
necessary retaining walls shall not be of excessive height and shall not be visibly obtrusive, as such
are defined in the City Planning Commission guidelines.
The access easement is proposed within an existing asphalt parking lot and will create no additional
impervious surface. It will be screened by a 5 6 solid wood fence on the north a 6-foot fence on the
west, and the back of the proposed brew pub structures on the east side. The entry and transition to the
public street (40th) is 12 feet wide and will be bordered by a 23 X 3 long landscape strip with a 5 wide
bulb at the street.
3. Section 17.136.050(B) Regular Design Review Criteria.

For Nonresidential Facilities and Signs.
1. That the proposal will help achieve or maintain a group of facilities which are well related to one
another and which, when taken together, will result in a well-composed design, with
consideration given to site, landscape, bulk, height, arrangement, texture, materials, colors, and
appurtenances; the relation of these factors to other facilities in the vicinity; and the relation of
the proposal to the total setting as seen from key points in the surrounding area. Only elements
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of design which have some significant relationship to outside appearance shall be

considered, except as otherwise provided in Section 17.136.060;
All the design elements in this proposed outdoor facility have a significant relationship to the outside
appearance of the project. Elements reviewed include the height, shape and configuration of the
structures, the container building type, the color and graphics proposed for the containers, the finish
of the public areas within the courtyard, and the courtyard furnishings including tables, seating, bar
areas, bicycle parking, fencing, lighting, the fire pit and landscaping.
As conditioned the project achieves a coordinated design that uses color and a bold set of graphics to
signal a new and different activity along the street resulting in a storefront composed of outdoor
elements. The U shaped configuration of the containers creates an urban outdoor courtyard that is
furnished with tables, benches, fire pit, bar seating and bicycle parking under a lighted canopy.
Limiting the use of graphics to the elevations opening into the courtyard reduces the visual impact as
seen from the surrounding area. Taken together, the design creates an attractive outdoor space that is
internally focused. As seen from 40th Street, the project will be transparent into the interior. Street
frontage seating will create an outdoor caf experience. The design at the street frontage uses a 42
corrugated metal fence with bar top and seating immediately behind it to comply with ABC
requirements. This feature creates the front edge of the outdoor courtyard and, combined with the
proposed landscape, results in a street front that meets the intent of the Commercial Corridor Design
Guidelines 4.22 quality storefront development at the sidewalk edge and Guideline 4.2.4 providing
visual interest to pedestrians.
The proposed design relates to the commercial corridor on Broadway by providing an active street-
related 1-2 story facility with an outdoor courtyard storefront. This facility will add to the mix of
diverse structures in the neighborhood in terms of both architecture and scale. While there are many
older 2 story mixed use and residential structures, there are also other out-door commercial facilities
such as the adjacent gas station and car wash which provide services from small scale buildings but are
located on a larger sites with lighting, signage and circulation areas serving the public. The beer
garden will not be the first or only business providing the majority of commercial activity outside.
Overall the scale of the containers is consistent with the 1-3 story pattern in the immediate area. New
residential multi story 4-5 story condominium buildings are under construction in the immediate
neighborhood adding to the mix of site design, heights, architecture and massing in the area. Taken as
a whole the proposed beer pub and beer garden store front adds to this mix character with an
alternative design that still provides the desired active street front.
2. That the proposed design will be of a quality and character which harmonizes with, and serves
to protect the value of, private and public investments in the area;
The setting is a small infill site that currently is a surface parking lot. Existing multi-story residential
development abuts the site on the west and north, and with commercial immediately to the east. To
improve the visual fit of this activity, the project is conditioned to treat the structures similarly to a
conventional stick built development in terms of the treatment of the back and sides of the structures.
The container elevations that abut the exterior property lines are conditioned to require a solid black
or dark grey color. The zig zag graphic is limited to the containers on elevations facing into the
courtyard. The graphics contribute to the recognition of the business and help create a storefront
context which is called out in Commercial Corridor Design Guideline 4.2.2. Within the courtyard, the
stacked container elevation on the second story creates visual interest to pedestrians and using color
distinguishes the ground floor from upper floors consistent with Guideline 4.2.4. In this instance the
graphics functions like architectural detailing by providing distinctive colors and visual interest.
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The configuration of the building elements (containers), as conditioned, function as a buffer to the
surrounding residential resulting in a reduction of potential noise and visual impacts. The facility is
pulled back from the property lines using the 12 wide internal driveway for separation. This degree
of separation will reduce the apparent scale of the facility where it abuts residential. A partial second
story of noise baffling containers provides additional height on the north and east elevations and will
channel sound into the interior. This extra height also provides a visual buffer where the project abuts
residential uses. In addition, the condition restricting the bold graphic zigzag detail to the interior
elevations reduces the visual impact of the project on neighboring property. These measures, taken
together, will improve the projects fit in the neighborhood and as a result protect the property value
of neighboring property. Adding an active street level use to the neighborhood and replacing a
surface parking lot adds additional property value and encourages other investment in the
neighborhood.
3. That the proposed design conforms in all significant respects with the Oakland General Plan
and with any applicable design review guidelines or criteria, district plan, or development
control map which have been adopted by the Planning Commission or City Council.
As discussed above, the project is incompliance with the objectives and policies in the LUTE. As
conditioned, the project meets the intent of Commercial Corridor Design Guidelines by providing
infill commercial development that creates an active street front and pedestrian oriented business
using an outdoor courtyard design. The guidelines note that the document is based on eight guiding
principles and that the guidelines in the document fulfills the principles. Below are the principles that
the project conforms with.
Build upon patterns of urban development that lend a special sense of place.
Provide elements that define the street and a place for pedestrians.
Allow for street fronts with diversity of architectural expression
Encourage high-quality design and construction
Design Buildings that reinforce the urban character of different corridor and place types.
The project conforms to these principles in the following ways.
1. Infill development at this location will strengthen the sense of place along 40th Street by providing an
active use along the street, and enhancing the existing pattern of storefront retail.
The project will enhance the existing neighborhood by continuing the well-defined and vibrant urban
design and continuous storefronts along Broadway and at the corner of 40th Street around the corner.
The surface parking lot, currently disrupts this character, the new development will fill this gap with
an urban courtyard that draws the pedestrian to the interior of the property. Furthermore, the Temescal
District is known for unique urban developments with good design such as Temescal Alley, Temescal
Brewery, Off the Grid, Kaspers pop-up plaza and the MacArthur Annex a little further out in
Longfellow that help contribute to the overall sense place in the area.
2. The project provides 5 elements that contribute to a pedestrian oriented streetscape.
i. The bar and seating area located along the 40th St entry create a sidewalk caf character that
brings activity to the street.
ii. The landscape area between the sidewalk and front entry softens the entry and adds visual
interest.
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iii. The U-shaped configuration of the container buildings defining an interior courtyard that
opens on to the street and invites the pedestrian in to the interior.
iv. The lighting canopy highlights the courtyard and adds visual interest at the pedestrian scale.
v. The tables, eating drinking areas, fire-pit and interior landscaping create an attractive public
living room character at the street level adding to visual interest on the street for people
passing by.
3. The container buildings as seen from the street will be brightly painted with a distinctive graphic that
functions as an architectural detail and adds interest and variety to the street front. The design of this
facility is an alternative approach to designing store front retail and as such is the embodiment of
diverse architectural expression that is prevalent throughout the Temescal District.
4. The container buildings and resulting interior courtyard environment will add visual interest and
distinction within the community and provide a pleasing composition of forms. The brewing
equipment will be visible during open hours adding visual interest.
5. The project will create a compact urban courtyard with street caf style seating along an active
corridor. This treatment will extend the urban character already present on Broadway to the
intersecting 40th St at the street corner by adding new buildings and commercial activity along 40th
Street heading west.
4. 17.148.050 Variance Findings (For a 3-foot reduction of the maximum setback)
1. That strict compliance with the specified regulation would result in practical difficulty or
unnecessary hardship inconsistent with the purposes of the zoning regulations, due to unique
physical or topographic circumstances or conditions of design; or, as an alternative in the case of
a minor variance, that such strict compliance would preclude an effective design solution
improving livability, operational efficiency, or appearance.
This zone includes a maximum and no minimum front yard setback. The applicant is proposing a 23
setback where the maximum is 20. The intent of the maximum setback was to encourage buildings
built directly on the property line with a pedestrian oriented development and direct connection to the
street. Recessing a building back from the street would not meet this intent. However, the proposed
project does not include the construction of a building but an open facility. From the moment you
enter the site you are effectively within the pub/ beer garden.
The project does include several buildings which enclose certain functions of the facility. Moving
the kitchen container forward an additional 3 feet would leave less room for the active seating in the
front entry. This entry is designed to function as an outdoor caf environment with a gas fire pit and
bar seating separated from the sidewalk by a 5-foot landscape strip and 48 high fence. Reducing this
area by 3 feet on one side would preclude a more effective design with less landscaping at the entry,
reduction in the amount of seating available for active use of the area, and potentially the elimination
of or reduction in the size of the gas fire pit.
2. That strict compliance with the regulations would deprive the applicant of privileges enjoyed by
owners of similarly zoned property; or, as an alternative in the case of a minor variance, that
such strict compliance would preclude an effective design solution fulfilling the basic intent of
the applicable regulation.
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The purpose of the maximum 20-foot setback is to support active streets and continuous store fronts in
commercial areas. In this project, the intent of the standard is achieved with an alternate design that
focuses interest and activity within the first 20 feet of the site but does it with an outdoor facility rather
than with a building. The site will be viewed from the street into the interior and focus on the seating
area and fire pit located adjacent to the entry. This area is designed to create interaction between the
street sidewalk area and the business activity. Moving the kitchen container forward so that its end is
20 feet from the front property line would leave less room for the fire pit and seating and would place
a hardscape wall closer to the street. In this case keeping the end of the container a little farther back
so that more seating and activity is closer to the street results in an equal or better solution and an
effective design.
3. That the variance, if granted, will not adversely affect the character, livability, or appropriate
development of abutting properties or the surrounding area, and will not be detrimental to the
public welfare or contrary to adopted plans or development policy.
The additional 3-foot setback for the kitchen container has no impact on the development potential of
abutting properties because it only involves the property line at the front setback and public street. It
does not change either the character or livability of abutting property because, as designed, the
proposal provides an alternate way to activate the street and support a vibrant pedestrian environment
that is equal to or better than the result with the standard maximum setback.
4. That the variance will not constitute a grant of special privilege inconsistent with limitations
imposed on similarly zoned properties or inconsistent with the purposes of the zoning
regulations.
Allowing a 23 front setback is not a grant of special privilege because the resultant design achieves
the intent of the standard. In this case, the intent is achieved with an alternate design that focuses
interest and activity within the first 20 feet of the site using an outdoor facility rather than with a
building. Allowing an additional 3 feet of depth in the outdoor facility provides enough area for safe
circulation around a proposed fire pit and a more functional front seating area and front to the
commercial use.
5. That the elements of the proposal requiring the variance (e.g., elements such as buildings, walls,
fences, driveways, garages and carports, etc.) conform with the regular design review criteria set
forth in the design review procedure at Section 17.136.050.
The 23-foot-deep front entry area meets the design review criteria by improving the functionality and
overall quality of the courtyard entry. See the Findings for Design Review above for a detailed
analysis of this finding.
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.
ATTACHMENT B: CONDITIONS OF APPROVAL
1. Approved Use
Ongoing
a) The project shall be constructed and operated in accordance with the authorized use as described in the
application materials, letter dated July 13, 2017, Noise Analysis dated August 29, 2017, and the plans
submitted on July 14, 2017, amended by the revised elevations showing a noise barrier submitted Sept
2, 2017, revised Plan Sheet S1. A, and as amended by the following Conditions of Approval.
b) This action by the Zoning Manager (this Approval) includes the approvals set forth below. This
Approval includes:
Minor Conditional Use Permit for Custom Manufacturing for brewery and beer garden with a
total activity area of 5,524 sq. ft. on an 8,606 sq. ft. lot,
Minor Conditional Use Permit for a 3,094 sq. ft. shared access facility;
Regular design review for new structures built with shipping containers that are 1,613 sq. ft. of
floor area and for approximately 3911 sq. ft. of beer garden/seating area.
Minor variance for a 23-foot front setback where a 20-foot setback is normally required.
Hours of operation including clean-up/close out shall be Sunday through Thursday 10 AM to 10
PM, Friday through Saturday 10 AM to 11 PM.
2. Effective Date, Expiration, Extensions and Extinguishment

Ongoing
This Approval shall become effective immediately, unless the Approval is appealable, in which case the
Approval shall become effective in ten calendar days unless an appeal is filed. Unless a different termination
date is prescribed, this Approval shall expire two calendar years from the approval date, unless within such
period all necessary permits for construction or alteration have been issued, or the authorized activities have
commenced in the case of a permit not involving construction or alteration. Upon written request and
payment of appropriate fees submitted no later than the expiration date of this permit, the Director of City
Planning or designee may grant a one-year extension of this date, with additional extensions subject to
approval by the approving body. Expiration of any necessary building permit for this project may invalidate
this Approval if the said extension period has also expired. If litigation is filed challenging this Approval, or
its implementation, then the time stated above for obtaining necessary permits for construction or alteration
and/or commencement of authorized activities is automatically extended for the duration of the litigation.
3. Compliance with Other Requirements

The project applicant shall comply with all other applicable federal, state, regional, and local
laws/codes, requirements, regulations, and guidelines, including but not limited to those imposed by the
Citys Bureau of Building, Fire Marshal, and Public Works Department. Compliance with other
applicable requirements may require changes to the approved use and/or plans. These changes shall be
processed in accordance with the procedures contained in Condition #4.
4. Major and Minor Changes

Ongoing
The project is approved pursuant to the Planning Code only. Minor changes to approved plans may
be approved administratively by the Director of City Planning or designee. Major changes to the
approved plans shall be reviewed by the Director of City Planning or designee to determine whether
such changes require submittal and approval of a revision to the approved project by the approving
body or a new, completely independent permit. 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 applicant) shall be responsible for compliance with all the Conditions
of Approval and any recommendations contained in any submitted and approved technical report at
his/her sole cost and expense, subject to review and approval by the City of Oakland.
b. The City of Oakland reserves the right at any time during construction to require certification by a
licensed professional at the project applicants 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
reconstruction, permit revocation, permit modification, stop work, permit suspension, or other
corrective action.
c. Violation of any term, Condition, or project description relating to the Approval is unlawful,
prohibited, and a violation of the Oakland Municipal Code. The City of Oakland reserves the right to
initiate civil and/or criminal enforcement and/or abatement proceedings, or after notice and public
hearing, to revoke the Approval or alter these Conditions if it is found that there is violation of any of
the Conditions or the provisions of the Planning Code or Municipal Code, or the project operates as or
causes a public nuisance. This provision is not intended to, nor does it, limit in any manner
whatsoever the ability of the City to take appropriate enforcement actions. The project applicant shall
be responsible for paying fees in accordance with the Citys 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 always made
available for review at the project job site.
7. Blight/Nuisances
The project site shall be kept in a blight/nuisance-free condition. Any existing blight or nuisance shall
be abated within 60 days of approval, unless an earlier date is specified elsewhere.
8. Indemnification
a. To the maximum extent permitted by law, the project applicant shall defend (with counsel
acceptable to the City), indemnify, and hold harmless the City of Oakland, the Oakland City Council,
the Oakland Redevelopment Successor Agency, the Oakland City Planning Commission, and their
respective agents, officers, employees, and volunteers (hereafter collectively called City) from any
liability, damages, claim, judgment, loss (direct or indirect), action, causes of action, or proceeding
(including legal costs, attorneys fees, expert witness or consultant fees, City Attorney or staff time,
expenses or costs) (collectively called Action) against the City to attack, set aside, void or annul this
Approval or implementation of this Approval. The City may elect, in its sole discretion, to participate
in the defense of said Action and the project applicant shall reimburse the City for its reasonable legal
costs and attorneys fees.
b. Within ten (10) calendar days of the filing of any Action as specified in subsection (a) above, the
project applicant shall execute a Joint Defense Letter of Agreement with the City, acceptable to the
Office of the City Attorney, which memorializes the above obligations. These obligations and the
Joint Defense Letter of Agreement shall survive termination, extinguishment, or invalidation of the
Approval. Failure to timely execute the Letter of Agreement does not relieve the project applicant of
any of the obligations contained in this Condition or other requirements or Conditions of Approval
that may be imposed by the City.
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9. Severability
The Approval would not have been granted but for the applicability and validity of each one of the
specified Conditions, and if one or more of such Conditions is found to be invalid by a court of
competent jurisdiction this Approval would not have been granted without requiring other valid
Conditions consistent with achieving the same purpose and intent of such Approval.
10. Special Inspector/Inspections, Independent Technical Review, Project Coordination and

Monitoring
The project applicant may be required to cover the full costs of independent third-party technical
review and City monitoring and inspection, including without limitation, special
inspector(s)/inspection(s) during times of extensive or specialized plan-check review or construction,
and inspections of potential violations of the Conditions of Approval. The project applicant shall
establish a deposit with the Bureau of Building, if directed by the Building Official, Director of City
Planning, or designee, prior to the issuance of a construction-related permit and on an ongoing as-
needed basis.
11. Public Improvements

The project applicant shall obtain all necessary permits/approvals, such as encroachment permits,
obstruction permits, curb/gutter/sidewalk permits, and public improvement (p-job) permits from the
City for work in the public right-of-way, including but not limited to, streets, curbs, gutters,
sidewalks, utilities, and fire hydrants. Prior to any work in the public right-of-way, the applicant shall
submit plans for review and approval by the Bureau of Planning, the Bureau of Building, and other
City departments as required. Public improvements shall be designed and installed to the satisfaction
of the City.
12. Compliance Matrix

The project applicant shall submit a Compliance Matrix, in both written and electronic form, for
review and approval by the Bureau of Planning and the Bureau of Building that lists each Condition
of Approval (including each mitigation measure if applicable) in a sortable spreadsheet. The
Compliance Matrix shall contain, at a minimum, each required Condition of Approval, when
compliance with the Condition is required, and the status of compliance with each Condition. For
multi-phased projects, the Compliance Matrix shall indicate which Condition applies to each phase.
The project applicant shall submit the initial Compliance Matrix prior to the issuance of the first
construction-related permit and shall submit an updated matrix upon request by the City.
13. Regulatory Permits and Authorizations from Other Agencies

Prior to activity requiring permit/authorization from regulatory agency
Requirement: The project applicant shall obtain all necessary regulatory permits and authorizations
from applicable resource/regulatory agencies including, but not limited to, the Regional Water Quality
Control Board, Bay Area Air Quality Management District, Bay Conservation and Development
Commission, California Department of Fish and Wildlife, U. S. Fish and Wildlife Service, and Army
Corps of Engineers and shall comply with all requirements and conditions of the
permits/authorizations. The project applicant shall submit evidence of the approved
permits/authorizations to the City, along with evidence demonstrating compliance with any regulatory
permit/authorization conditions of approval.
When Required: During construction
Initial Approval: N/A
Monitoring/Inspection: Bureau of Building
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14. Graffiti Control

Ongoing Requirement
a. During construction and operation of the project, the project applicant shall incorporate best
management practices reasonably related to the control of graffiti and/or the mitigation of the impacts
of graffiti. Such best management practices may include, without limitation:
i. Installation and maintenance of landscaping to discourage defacement of and/or protect likely
graffiti-attracting surfaces.
ii. Installation and maintenance of lighting to protect likely graffiti-attracting surfaces.
iii. Use of paint with anti-graffiti coating.
iv. Incorporation of architectural or design elements or features to discourage graffiti defacement in
accordance with the principles of Crime Prevention Through Environmental Design (CPTED).
v. Other practices approved by the City to deter, protect, or reduce the potential for graffiti
defacement.
b. The project applicant shall remove graffiti by appropriate means within seventy-two (72) hours.
Appropriate means include the following:
i. Removal through scrubbing, washing, sanding, and/or scraping (or similar method) without
damaging the surface and without discharging wash water or cleaning detergents into the City storm
drain system.
ii. Covering with new paint to match the color of the surrounding surface.
iii. Replacing with new surfacing (with City permits if required).
When Required: Ongoing
15. Landscape Plan

Prior to approval of construction-related permit
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.
When Required:
Initial Approval: Bureau of Planning
b. Landscape Installation
Prior to building permit final
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 contractors bid.
c. Landscape Maintenance
Ongoing
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.
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16. Lighting
Requirement: Proposed new exterior lighting fixtures shall be adequately shielded to a point below the
light bulb and reflector to prevent unnecessary glare onto adjacent properties.
When Required: Prior to Building Permit final
17. Construction-Related Air Pollution Controls (Dust and Equipment Emissions)

During construction
Requirement: The project applicant shall implement all the following applicable air pollution 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.
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. Pave all roadways, driveways, sidewalks, etc. within one month of site grading or as soon as
feasible. In addition, building pads should be laid within one month of grading or as soon as feasible
unless seeding or soil binders are used.
e. Enclose, cover, water twice daily, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt,
sand, etc.).
f. Limit vehicle speeds on unpaved roads to 15 miles per hour.
g. 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 five 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.
h. 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 five 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).
i. All construction equipment shall be maintained and properly tuned in accordance with the
manufacturers specifications. All equipment shall be checked by a certified mechanic and determined
to be running in proper condition prior to operation.
j. Portable equipment shall be powered by electricity if available. If electricity is not available,
propane or natural gas shall be used if feasible. Diesel engines shall only be used if electricity is not
available and it is not feasible to use propane or natural gas.
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18. Archaeological and Paleontological Resources Discovery During Construction

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 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 proposed project. Destructive data recovery
methods shall not be applied to portions of the archaeological resources if nondestructive methods are
practicable. Because the intent of the ARDTP is to save as much of the archaeological resource as possible,
including 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.
19. Human Remains Discovery During Construction

Requirement: Pursuant to CEQA Guidelines section 15064.5(e)(1), in the event that human skeletal
remains are uncovered at the project site during construction 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 (c) of section 7050.5 of the California Health
and Safety Code. If the agencies determine that avoidance is not feasible, then an alternative plan shall
.
be prepared with specific steps and timeframe required to resume construction activities. Monitoring,
data recovery, determination of significance, and avoidance measures (if applicable) shall be completed
expeditiously and at the expense of the project applicant.
20. Construction-Related Permit(s)

Requirement: The project applicant shall obtain all required construction-related permits/approvals
from the City. The project shall comply with all standards, requirements and conditions contained in
construction-related codes, including but not limited to the Oakland Building Code and the Oakland
Grading Regulations, to ensure structural integrity and safe construction.
21. Hazardous Materials Related to Construction

During construction
Requirement: The project applicant shall ensure that Best Management Practices (BMPs) are
implemented by the contractor during construction to minimize potential negative effects on
groundwater, soils, and human health. These shall include, at a minimum, the following:
a. Follow manufactures 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 Citys 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.
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22. Erosion and Sedimentation Control Measures for Construction

During construction
Requirement: The project applicant shall implement Best Management Practices (BMPs) to reduce
erosion, sedimentation, and water quality impacts during construction to the maximum extent
practicable. At a minimum, the project applicant shall provide filter materials deemed acceptable to
the City at nearby catch basins to prevent any debris and dirt from flowing into the Citys storm drain
system and creeks.
23. Site Design Measures to Reduce Storm Water Runoff

Ongoing
Requirement: Pursuant to Provision C.3 of the Municipal Regional Storm Water 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 storm water
runoff. These measures may include, but are not limited to, the following:
a. Minimize impervious surfaces, especially directly connected impervious surfaces and surface
parking areas;
b. Utilize permeable paving in place of impervious paving where appropriate;
c. Cluster structures;
d. Direct roof runoff to vegetated areas;
e. Preserve quality open space; and
f. Establish vegetated buffer areas.
24. Source Control Measures to Limit Storm Water Pollution

Ongoing
Requirement: Pursuant to Provision C.3 of the Municipal Regional Storm Water 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 storm water 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.
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25. Construction Days/Hours

During 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
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.
26. Construction Noise

During construction
Requirement: The project applicant shall implement noise reduction measures to reduce noise impacts
due to construction. Noise reduction measures include, but are not limited to, the following:
a. Equipment and trucks used for project construction shall utilize the best available noise control
techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine
enclosures and acoustically-attenuating shields or shrouds) wherever feasible.
b. Except as provided herein, 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.
27. Extreme Construction Noise

a. Construction Noise Management Plan Required
Requirement: Prior to any extreme noise generating construction activities (e.g., pier drilling, pile
driving and other activities generating greater than 90dBA), the project applicant shall submit a
Construction Noise Management Plan prepared by a qualified acoustical consultant for City review
and approval that contains a set of site-specific noise attenuation measures to further reduce
construction impacts associated with extreme noise generating activities. The project applicant shall
implement the 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.
When Required: Prior to approval of construction-related permit
Initial Approval: Bureau of Building
b. Public Notification Required
Requirement: The project applicant shall notify property owners and occupants located within 300
feet of the construction activities at least 14 calendar days prior to commencing extreme noise
generating activities. Prior to providing the notice, the project applicant shall submit to the City for
review and approval the proposed type and duration of extreme noise generating activities and the
proposed public notice. The public notice shall provide the estimated start and end dates of the
extreme noise generating activities and describe noise attenuation measures to be implemented.
28. Project-Specific Construction Noise Reduction Measures

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
When Required: Prior to approval of construction-related permit `
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29. Operational Noise

Ongoing
Requirement: Noise levels from the project site after completion of the project (i.e., during project
operation) shall comply with the performance standards of chapter 17.120 of the Oakland Planning
Code and chapter 8.18 of the Oakland Municipal Code. If noise levels exceed these standards, the
activity causing the noise shall be abated until appropriate noise reduction measures have been
installed and compliance verified by the City.
30. Construction Activity in the Public Right-of-Way

a. Obstruction Permit Required
Requirement: The project applicant shall obtain an obstruction permit from the City prior to placing
any temporary construction-related obstruction in the public right-of-way, including City streets and
sidewalks.
b. Traffic Control Plan Required
Requirement: In the event of obstructions to vehicle or bicycle travel lanes, the project applicant shall
submit a Traffic Control Plan to the City for review and approval prior to obtaining an obstruction
permit. The project applicant shall submit evidence of City approval of the Traffic Control Plan with
the application for an obstruction permit. The Traffic Control Plan shall contain a set of
comprehensive traffic control measures for auto, transit, bicycle, and pedestrian detours, including
detour signs if required, lane closure procedures, signs, cones for drivers, and designated construction
access routes. The project applicant shall implement the approved Plan during construction.
Initial Approval Public Works Department, Transportation Services Division
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.
31. Bicycle Parking

Requirement: The project applicant shall comply with the City of Oakland Bicycle Parking
Requirements (chapter 17.118 of the Oakland Planning Code). The project drawings submitted for
construction-related permits shall demonstrate compliance with the requirements.
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32. Construction and Demolition Waste Reduction and Recycling

Requirement: The project applicant shall comply with the City of Oakland Construction and
Demolition Waste Reduction and Recycling Ordinance (chapter 15.34 of the Oakland Municipal
Code) by submitting a Construction and Demolition Waste Reduction and Recycling Plan (WRRP)
for City review and approval, and shall implement the approved WRRP. Projects subject to these
requirements include all new construction, renovations/alterations/modifications with construction
values of $50,000 or more (except R-3 type construction), and all demolition (including soft
demolition) except demolition of type R-3 construction. The WRRP must specify the methods by
which the project will divert construction and demolition debris waste from landfill disposal in
accordance with current City requirements. The WRRP may be submitted electronically at
www.greenhalosystems.com or manually at the Citys Green Building Resource Center. Current
standards, FAQs, and forms are available on the Citys website and in the Green Building Resource
Center.
Initial Approval: Public Works Department, Environmental Services Division
Monitoring/Inspection: Public Works Department, Environmental Services Division
33. Underground Utilities

During construction
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 projects 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.
34. Recycling Collection and Storage Space

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 cubic feet of storage and collection space per
residential unit is required, with a minimum of ten cubic feet. For nonresidential projects, at least two
cubic feet of storage and collection space per 1,000 square feet of building floor area is required, with
a minimum of ten cubic feet.
35. Green Building Requirements Small Projects

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 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.
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.
Monitoring/Inspection: N/A
b. Compliance with Green Building Requirements During Construction
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.
When Required: Prior to Final Approval
36. Sanitary Sewer System

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. If 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 Citys Master Fee Schedule
for funding improvements to the sanitary sewer system.
37. Storm Drain System

Requirement: The project storm drainage system shall be designed in accordance with the City of
Oaklands Storm Drainage Design Guidelines. To the maximum extent practicable, peak storm water
.
runoff from the project site shall be reduced by at least 25 percent compared to the pre-project
condition.
Site Specific Conditions of Approval
38. Site Plan

Ongoing
The business shall consist of:
a. A facility of 5,524 sq. ft. consisting of
i. 1,613 sq. ft. of enclosed floor area constructed of recycled shipping containers and used for
brew house/cellar, cold box, kitchen/retail storage, restrooms, and
ii. 3911 sq. ft. of unenclosed beer garden with limited food service,
b. A shared driveway facility, trash collection and parking area of 3094 sq. ft.
i. Note 10 on sheet S1.0 referencing retention of the exiting 22 wide driveway is not approved.
39. Production
Ongoing
The establishment must possess an ABC license for operation of a brewery. Beer production and/or
processing must occur on-site as the primary activity. If the beer production and/or processing is removed,
only the Limited Service Restaurant and Caf activity may continue until approval of Alcohol Beverage
Service Sales Activity.
40. Activities Mix

Ongoing
The mix shall include:
a) Small specialty batch experimental brewery,
b) Limited service restaurant with alcohol (beer and wine) sales,
c) Outdoor dining,
d) On premise sales of alcohol made and on and off -site to be consumed on the property, and
e) Retail sale of alcohol made on and off-site (cans, bottles, growlers) for off-site consumption.
41. Hours
Ongoing
Hours of operation including clean-up/close out shall be Sunday through Thursday 10 AM to 10 PM, Friday
through Saturday 10 AM to 11 PM.
42. Trash Collection and Pick-up

Ongoing
Trash collection and pick-up shall occur on the shared assess easement using the roll down service provided
by Waste Management to bring the containers down to 40th Street.
43. Night Time Security

Ongoing
A motion detection burglar alarm shall be installed to detect any motion in the outdoor area. A security
service shall be hired to perform rounds ensuring no unwanted visitors after operating hours. At the close of
the brewpub all furniture left outside shall be either structurally mounted at grade or placed inside the dry
storage container at the back of the project. Security lighting shall meet Condition #16.
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44. Noise
Ongoing
The project shall comply with the recommendations for noise abatement in the August 29, 2017 Noise
Analysis letter from Charles M. Salter and Associates Inc. Specifically:
a) The west corner of the containers shall incorporate a sound barrier designed to meet the
performance criteria identified in the recommendation, and the design of the sound barrier shall be
consistent with the revised elevation submitted Sept. 2, 2017 with color finish to be the blue base,
as shown on Sheet L-2.0 of the approved plan set.
b) The delivery doors between the cold box and cellar/brew house shall be sound gasketed and run
the full height up to the second container.
c) The sound system shall be equipped with a sound limiting device that limits the overall volume
and a graphic equalizer shall be used. Prior to occupancy the sound system shall be tested to
establish maximum noise levels and the level established shall be filed with the City Planning
Bureau for inclusion in the case file.
d) Prior to issuance of a building permit the mechanical equipment noise source shall be evaluated
and modified as needed to meet city noise standards.
e) Existing ambient noise levels identified in the recommendations shall be maintained so that
ambient noise levels at the site (which are already above the Citys adopted standard of 60 dBA4)
with no development) are not increased. The standards to be maintained for this site are: a) 67
*dBA4 Day-Night Average Sound Level inside the existing site adjacent to the residences to the
north, 12 feet above grade and b) 75 dBA4 Day Night Average along 40th Street, 35 feet north of
the 40th St. centerline 130 feet east of Manila Ave. centerline, 12 feet above grade.
45. Landscape Requirements for Street Frontage.

Prior to issuance of a final inspection of the building permit
A minimum of one (1) twenty-four (24) inch box tree shall be provided for every twenty-five (25) feet of
street frontage, unless a smaller size is recommended by the City arborist. The trees to be provided shall
include species acceptable to the Tree Services Division.
46. Landscape Plan

Prior to issuance of a building permit
A detailed landscape plan shall be submitted to the Planning Bureau showing the planting and irrigation
plan for the shrubs and ground cover consistent with the preliminary landscape plan shown on Sheet L1.0
of the approved plan set.
a) The final landscape plan shall resolve the issue of site soil condition addressed in note 4 of the
preliminary landscape and specify actual soil condition and necessary soil augmentation.
b) The landscape plan shall include the location size and type of trees required to comply with
condition 21, Landscape Requirements for Street Frontage.
c) The trees, shrubs and landscape materials required must either be planted or a bond, cash deposit,
or letter of credit provided for the planting of the landscaping before the certificate of occupancy
will be issued. The amount of such bond, cash deposit, or letter of credit shall equal the greater of
two thousand five hundred dollars ($2,500.00) or the estimated cost of the required landscaping,
based on a licensed contractor's bid.
47. Engineering Conditions of Approval

See Attachment C Engineering Conditions of Approval.
48. Parcel Map and Shared Access Easement

Prior to issuance of a building permit
Either an approved parcel map waiver merging the existing parcels, combined with a separate recorded
shared assessment easement, or an approved parcel map merging the parcels and establishing the shared
.
access easement, are required. In either case the required shared access easement shall be in the form of a
reservation of easement to the tenants of 4021 - 4031 Broadway.
49. Building Color and Graphics

Ongoing
a) The color and graphics of the storage container buildings shall be as shown on plan sheet A-4.0,
Elevations/renderings, except that the zig zag graphic is permitted only on the elevations facing
into the business courtyard.
b) The sides and ends of the container buildings abutting the shared assess easement at the west and
north and located along and facing the east property line shared with APN 012-1000-013 and APN
012-1000-010-01 shall be painted solid black PMS Black C or dark grey. Color choice for the
exterior elevations shall be submitted to the Planning Bureau prior to building permit.
c) Interior Courtyard Elevation Container Colors: i. Brew house/Cellar/Storage PMS 3252 C base
(Teal), zigzag PMS 116C (Yellow), accent PMS black C; ii. Restrooms/ Noise Barrier Base PMS
7461 (Blue), zigzag PMS 674 C (Pink), accent PMS black C; iii. Kitchen/cold box Base PMS
674C (Pink), zigzag PMS 7461C (Blue), accent PMS Black C or other approved colors.
50. Fencing Materials, Color and Design

Ongoing
Fencing proposed in Note 37 and Note 25 of the revised site plan dated July 14, 2017 shall be solid wood
and stained on both sides. The stain color shall be submitted a part of the review and approval of the final
landscape plan required in Condition 22 prior to the issuance of a building permit. The transition between
the 5.6 fence and the 6.0 fence on the side property line shall be reconciled.
Fencing proposed in Note 4, (42 corrugated metal, vertical), Note 11 (42 corrugated metal) shall remain
as shown in fence detail F Plan Sheet L2. Detailed material and color sample consistent with fence detail
F shall be submitted to the Planning Bureau as part of review and approval of the final landscape plan
prior to issuance of building permits.
Notes pertaining to fencing treatment on the North, East and West elevations stating: to be coordinated
with City mural program on Plan Sheet A-4 are not included in this design review approval.
51. Signage
Ongoing
Signage shown on the plans submitted for this decision is not approved. Any future commercial signage
must obtain design review approval from the Bureau of Planning.
52. Rodent Control

Prior to issuance of a demolition, grading or a building permit
The Project applicant shall submit a rodent control operations plan to the City and approval. City staff shall
forward the plan to Alameda County Vector Control for their review and comment. The Project applicant
shall implement Vector Controls recommended measures.
53. Compliance Review

After 6 months of commencement of operation
The applicant shall submit a compliance matrix as specified in Standard Condition of Approval # 12 six
months after issuance of the certificate of occupancy. Should any formal complaints regarding any
Conditions of Approval be filed through the Code Compliance Division, staff may refer the item to the
Zoning Manager for a determination regarding compliance/violation of the Conditions of Approval per
Condition #5. Staff will use the fund established in Condition of Approval #10 for this purpose. The
Determination will be publicly noticed and shall provide an opportunity for the public to provide comment.
The Zoning Manager may direct staff to initiate enforcement proceedings pursuant to Condition of
Approval #5 and/or may impose additional conditions related to the operation.
PW Engineering Services plan review checklist.
If project is to be approved by the Advisory Agency, please attach comments below as Conditions of Approval. Attachment C
Permit Number & address

Review comments
PLN17004 320-330 40th Street (New Development)
Streets and sidewalk

Applicant shall obtain a PX permit and enter into a P-Job agreement for
Developers should be made aware that they need to repair the sidewalk
construction of improvements within the City's right-of-way.
fronting the property to ADA standards (no more than lift) and no more
Improvement plans shall be prepared by a registered civil engineer
than 2% cross slope
Resurface one traffic lane, which is no wider than 13 feet, after the completion and submitted to Public Works Engineering Services for review and
of work (construction reduce the pavement conditions index) approval prior to issuance of a PX permit. The PX permit must be final
Sidewalk shall be 5.5 feet min. but no less than 50-inches clear at pinch points by the Public Works Inspector prior to issuance of an
for ADA access
Occupancy Permit for the new building(s).
replace portions of existing sidewalks, curbs/gutter/driveway approaches
damaged or broken or if non-standard
Private improvements in right of way and non-standard features MAY be
approved with an encroachment permit.
Traffic & street geometry

Engineering Services will determine if any of the improvements shown
Review/approval is needed by traffic engineer for new striping, curb painting, on the plans submitted for the PX permit require the review and
bulb-outs, changes to existing dimensions, impact to traffic resulting from approval of the City's Traffic Engineer prior to issuance of
development, traffic pattern, circulation, signals, traffic count, street/lane the PX permit.
change, and other details.
Any alteration to geometry of roadway/sidewalk, markings, traffic control
signs and devices shall be reviewed and approved by the Traffic Engineer
Driveway Driveway approaches shall be identified on the improvement plans

Driveway approach, length, width, separation, clearances, thickness, type of for the PX permit and proposed locations must be approved by
curb, angle, and concrete mix shall be approved by Planning and then by Engineering Services. Existing driveway approaches not necessary
Engineering Services. Minimum pavement section at driveways shall be four for the development shall be removed and replaced with new
inches of AC (3/4 to 1/2 inch fine) over 8 inches of Class II AB and two feet sidewalk, curb and gutter.
in width. Senior inspector may be consulted.
Curb ramps
N/A to this application.
Refer to latest State of CA standards for all curb ramps. Curb ramps must be
Directional unless approved otherwise in writing by City.
Sanitary Sewer
Applicant shall submit sewer calculations for review and approval at
Commercial, condominium, and similar developments must submit sewer the time of submitting improvement plans for PX permit. Applicant
calculations to Public Works for review and assessment of any applicable shall obtain PSL certificate, a SL permit and lateral abandonment
sewer mitigation fee (sewer flow from development to be calculated/submitted permit(s) as applicable to the proposed development.
showing existing and proposed flows).
Note projects over $100K in construction costs require PSL
certificate (sewer lateral permit and EBMUD inspection)
Sewer lateral work (new or rehabilitation of existing) requires sewer lateral
(SL) permit.
Sewer lateral abandonment requires separate permit.
Storm Drain
Applicant shall submit the storm drainage calculations for review and
Developers, engineers, and architects are to be familiar with storm water approval at the time of submitting the improvement plans for PX
quality requirements, erosion issues, slope protection during and after permit.
construction, and Water Board requirements.
Water quality features to reduce the peak flow by 25% or to the extent
possible to reduce impact on aged collection system as well as any open or
closed water courses along the way.
Utilize parking lots open spaces for storm water quality features to further
attenuate (bio swales, pervious pavers, pervious asphalt, tree wells, etc.).
Form Rev. - June 2016

PW Engineering Services plan review checklist.
If project is to be approved by the Advisory Agency, please attach comments below as Conditions of Approval. Attachment C
Trees
The improvement plans submitted for the PX permit shall include
All trees are private unless approved and accepted as a public tree. landscape and irrigation plans for any landscaping proposed with the
Tree wells to be 3 feet by 6 feet minimum or four feet square or as City's right-of-way. Any street trees, tree grates and root barriers shall
approved, install root barriers, irrigation, etc. and encroachment be reviewed and approved by the City's Arborist as determined by
permit is needed. Tree grates and other acceptable covers are required Engineering Services.
(ADA accessible). Tree wells with approved covers may receive roof
drains with an overflow opening into the gutter as approved.
Easement & encroachments Prior to issuance of a PX Permit applicant shall contact AC Transit to
Show all easements and right of ways, avoid any construction in the public relocate, remove and/or replace the existing bus stop benches located on
right of way (major/minor encroachment permit are required). Minor their property. The PX plans shall identify all approved AC Transit bus
encroachment MAY be approved on case by case basis, Major encroachments stop signs, benches and any other bus stop improvements within the
must be approved by the Council (generally, features attached to the building City's
encroaching in ROW require major encroachment permits). Approval of the right-of-way.
parcel or final map is contingent on recording the agreements. Recordation All emergency access and utility easements for the proposed
number must be shown on the map to be recorded. development shall be clearly identified on the improvement plans
submitted for the PX permit.
Site Plan
Site Plan shall depict the site, key elements, property boundaries, A site plan shall be submitted with the improvement
topography, vegetation, proposed/existing structures, easements, wells, plans for the PX permit.
roadways, monuments, etc.
PW Maintenance The improvement plans shall identify the location and details for all
Development requires photometric analysis of street lights and additional existing and proposed street lights along the street frontage of the
lighting shall be provided by the developer. proposed project. A photometric analysis shall be submitted for any
http://www2.oaklandnet.com/oakca1/groups/pwa/documents/poli cy/oak026007.pdf. changes proposed to the existing street lighting and as required by
Public Works after review of the improvement plans.
CDMG Designation (LS/LQ), A-P Zone, Flood Zone, Creek/water course, etc.
The improvement plans shall identify on the cover sheet the flood
Property located in any of the above hazard require soils report, geologic
report, creek protection permit, and related documents prepared by a zone designation and FIRM rate map for the property. The
license professional. Geotechnical Engineer and reference to soils reports shall also be
included on the cover sheet of
the improvement plans submitted for review and approval.
OMC
Project plans shall meet applicable municipal and building codes
All other applicable planning and building code shown below but not limited
prior to issuance of a construction or encroachment permit(s) issued
to:
by Public Works Engineering Services. All fees shall be paid, bonds
and insurance provided, prior to issuance of PX permit and prior to
Survey monuments protection execution of a P-Job Agreement.
Set back from the property line, buffer area (separation) or distance
required by the building department between buildings
P-job (off-site & on-site improvement)
Sewer lateral (PSL) program for developments exceeding $100K
(PW & BLD)
Common sewer lateral and the impact on individuals under the PSL program
(PW & BLD)
Fire access
Grading / Soils report / Geologic report
CDMG Designation, potential for liquefaction(LQ) and/or landslide(LS)
Dewatering (BLD & PW)
Shoring (BLD)
Storm water pollution prevention (BLD).
Form Rev. - June 2016

.
Applicant Statement
I have read and accept responsibility for the Conditions of Approval. I agree to abide by and conform
to the Conditions of Approval, as well as to all provisions of the Oakland Planning Code and Oakland
Municipal Code pertaining to the project.
__________________________________
Name of Project Applicant
__________________________________
Signature of Project Applicant
__________________________________
Date
*ENVIRONMENTAL DECLARATION
(CALIF. FISH AND GAME CODE SEC. 711.4)
: FOR COURT USE ONLY

:
NAME AND ADDRESS OF APPLICANT OR LEAD AGENCY :
:
LEAD AGENCY: CITY OF OAKLAND
Bureau of Planning
250 Frank H. Ogawa Plaza
Oakland, CA 94612
APPLICANTS: Mr. Brandon Smith

2210 E Orangewood Ave
Anaheim CA 92806
: FILING NO.
:
____________________________________________
CLERKS
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: Check the box(es) that applies. USE ONLY
1. NOTICE OF EXEMPTION PLU 117

[X] A STATUTORILY OR CATEGORICALLY EXEMPT
$50.00 (Fifty Dollars) CLERKS FEE
[ ] B FEE EXEMPTION NO IMPACT DETERMINATION ISSUED BY F&G PLU 117

2. NOTICE OF DETERMINATION
[ ] A NEGATIVE DECLARATION PLU 116
$2,044.00 (Two Thousand Forty Four Dollars)-STATE FILING FEE
[] B MITIGATED NEGATIVE DECLARATION PLU 116

$2,044.00 (Two Thousand Forty Four Dollars)-STATE FILING FEE
[ ] C ENVIRONMENTAL IMPACT REPORT PLU 115
$2,839.25 (Two Thousand Eight Hundred Thirty Nine Dollars and Twenty Five Cents) STATE
FILING FEE
3. [ ] OTHER (Specify) Notice of Finding of No Significant Impact

$50.00 (Fifty Dollars) CLERKS FEE PLU 117
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL
DOCUMENTS FILED WITH THE ALAMEDA COUNTY CLERKS OFFICE.
FOUR COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING PURPOSES.
APPLICABLE FEES MUST BE PAID AT THE TIME OF FILING AN ENVIRONMENTAL DOCUMENT

WITH THE ALAMEDA COUNTY CLERKS OFFICE.
MAKE CHECK PAYABLE TO: ALAMEDA COUNTY CLERK

Decision Letter PLN 17004 320 40th St. Golden Road Brewery

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Decision Letter PLN 17004 320 40th St. Golden Road Brewery

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CITY OF OAKLAND

Planning and Building Department (510) 238-3941

Sent via U.S. Mail and Electronic Mail

November 14, 2017

Mr. Brandon Smith

Dear Mr. Smith

Policy N 1.1 Concentrating Commercial Development states, Commercial development in the

Corridor Guidelines is also discussed below.

Additional use permit criteria for a Shared Access Facility

3. Section 17.136.050(B) Regular Design Review Criteria.

of design which have some significant relationship to outside appearance shall be

The project conforms to these principles in the following ways.

4. 17.148.050 Variance Findings (For a 3-foot reduction of the maximum setback)

ATTACHMENT B: CONDITIONS OF APPROVAL

2. Effective Date, Expiration, Extensions and Extinguishment

3. Compliance with Other Requirements

4. Major and Minor Changes

5. Compliance with Conditions of Approval

6. Signed Copy of the Approval/Conditions

10. Special Inspector/Inspections, Independent Technical Review, Project Coordination and

11. Public Improvements

12. Compliance Matrix

13. Regulatory Permits and Authorizations from Other Agencies

14. Graffiti Control

15. Landscape Plan

17. Construction-Related Air Pollution Controls (Dust and Equipment Emissions)

18. Archaeological and Paleontological Resources Discovery During Construction

19. Human Remains Discovery During Construction

20. Construction-Related Permit(s)

21. Hazardous Materials Related to Construction

22. Erosion and Sedimentation Control Measures for Construction

23. Site Design Measures to Reduce Storm Water Runoff

24. Source Control Measures to Limit Storm Water Pollution

25. Construction Days/Hours

26. Construction Noise

27. Extreme Construction Noise

28. Project-Specific Construction Noise Reduction Measures

29. Operational Noise

30. Construction Activity in the Public Right-of-Way

31. Bicycle Parking

32. Construction and Demolition Waste Reduction and Recycling

33. Underground Utilities

34. Recycling Collection and Storage Space

35. Green Building Requirements Small Projects

36. Sanitary Sewer System

37. Storm Drain System

Site Specific Conditions of Approval

38. Site Plan

40. Activities Mix

42. Trash Collection and Pick-up

43. Night Time Security

45. Landscape Requirements for Street Frontage.

46. Landscape Plan

47. Engineering Conditions of Approval

48. Parcel Map and Shared Access Easement

49. Building Color and Graphics

50. Fencing Materials, Color and Design

52. Rodent Control

53. Compliance Review

Permit Number & address

Streets and sidewalk

Traffic & street geometry

Driveway Driveway approaches shall be identified on the improvement plans

Form Rev. - June 2016