FACT OR FICTION?

WHAT IS A CREEK?

“A Creek is a watercourse that is a naturally occurring swale or depression, or engineered channel that carries fresh or estuarine water either seasonally or year around.”

And what is a Natural Watercourse (which. in Oakland, is considered a “Creek)?”

“[A natural watercourse] is a channel with defined bed and banks made and habitually used by water passing down as a collected body or stream in those seasons of the year and at those times when the streams in the region are accustomed to flow.. .

A canyon or ravine through which surface water runoff customarily flows in rainy seasons is a natural watercourse. Alterations to a natural watercourse, such as the construction of conduits or other improvements in the bed of the stream, do not affect its status as a natural watercourse.

A natural watercourse includes all channels through which, in the existing condition of the country, the water naturally flows, and may include new channels created in the course of urban development through which waters presently flow.”

Locklinv. City of Lafayette (1994) 7 Cal. 4th 327, 345.

CREEK PROTECTION ORDINANCE

The City of Oakland has developed a Creek Protection Ordinance which is regulated by the Environmental Services Manager and their decisions can be appealed through the City of Oakland Planning Commission.

For a map of our watersheds and creeks, click here. 

WHEN IS A CREEK NOT A CREEK?

As it relates to 120 to 142 Caldecott Lane, there was a final determination made by the City of Oakland Planning Commission that the “waterways” behind 120 and 142 Caldecott Lanes are not creeks.

NATURAL WATERWAYS BEHIND CALDECOTT LANE

"Storm drains flow directly to the Bay, and [are an] important part of Oakland's watershed; it is important that nothing but rain water enters the storm drains." 

There is a natural waterway behind 120 Caldecott Lane which flows into a publicly owned storm drain. 

There is a natural waterway behind 142 Caldecott Lane which also flows into a publicly owned storm drain.

Behind 150 Caldecott Lane, there is a private property storm drain immediately behind the retaining wall. 

On April 20, 2013, fourteen volunteers sweated in the hot sun to clean up the publicly owned storm drains of at least 125 yard bags of illegally dumped landscape cuttings.  These cuttings appear to have been dumped into the drains and waterways over a period of time and included rosemary cuttings, cuttings of ornamental and other plants.  It's critical that we work together to report and to prevent dumping and to keep our watersheds, waterways and creeks free-flowing.

FOR MORE INFORMATION – Click Here.