Determination of whether there is a creek (identification of a creek, or headwaters) is made by the Environmental Services Manager and can be appealed to the City Planning Commission with an appeal fee. Decisions on the Creek Protection Permit are made by the Director of Building Services and can be appealed to the City Planning Commission with an appeal fee.
Both appeals must be made within ten (10) calendar days of the contested decision, be in writing, state specifically wherein it is claimed that there was an error or abuse of discretion, or where the decision was not supported by substantial evidence before the City, and be accompanied by the appropriate appeal fee. If you challenge a City determination in court, you may be limited to issues raised in your appeal form (and attachments).
Appeal forms can be obtained from the City of Oakland, Community and Economic Development Agency, Planning Permit Counter, 250 Frank Ogawa Plaza, 2nd floor, Oakland, CA 94612.