§ 15.32

It is declared unlawful for any person engaged in the business of transmitting electrical energy by means of overhead wires, where such wires cross any street, alley or public place, or where such wires are placed on poles or super-structures erected or maintained on such streets, alleys or public places, to permit such wires to be used to transmit such electrical energy at a greater voltage than fifteen thousand (15,000) volts, in that portion of the city bounded and described as follows:

Commencing at a point on the northerly charter line of the City of Oakland and the southerly boundary line of the Town of Emeryville where the same is intersected by the easterly line of the right of way of the Southern Pacific Company; thence running easterly along said northerly charter line to the City of Oakland and the southerly boundary line of the Town of Emeryville to the point where said line intersects the

westerly boundary of the City of Oakland and the easterly boundary line of the Town of Emeryville; thence running northeasterly, westerly and northerly, following the boundary line between the City of Oakland and the Town of Emeryville, to a point where said last named line intersects the southerly boundary line of the

City of Berkeley; thence running along the northerly charter line of the City of Oakland, northeasterly, southerly and easterly to a point on said northerly boundary line of the City of Oakland where said last mentioned line is intersected by Indian Gulch Creek; thence running southwesterly in a straight line to a point where said Indian Gulch Creek is intersected by the westerly line of Matthews Avenue in the City of Oakland; thence running along said westerly line of said Matthews Avenue to its intersection with the northerly line of Cambridge Street; thence running easterly along the northerly line of Cambridge Street to

rsected by Indian Gulch Creek; thence running southwesterly in a straight line to a point where said Indian Gulch Creek is intersected by the westerly line of Matthews Avenue in the City of Oakland; thence running along said westerly line of said Matthews Avenue to its intersection with the northerly line of Cambridge Street; thence running easterly along the northerly line of Cambridge Street to

its intersection with the westerly line of Thirteenth Avenue; thence running northeasterly along the westerly line of Thirteenth Avenue to its intersection with the northerly boundary line of the City of Oakland; thence running easterly along said northerly boundary line of the City of Oakland to the easterly boundary line of said City of Oakland; thence southerly running along the easterly boundary line of the City of Oakland to a point where said easterly boundary line of the City of Oakland intersects the northerly line of the right of way of the Southern Pacific Company near Twenty-Fourth Avenue; thence running westerly along the northerly boundary line of the right of way of the Southern Pacific Company and crossing the north arm of Oakland Harbor to a point where the northerly line of First Street intersects the westerly line of Jackson Street; thence running westerly along the northerly line of First Street to a point where the said northerly line of First Street intersects the westerly line of Magnolia Street; thence running westerly in a straight line to a point where the easterly line of the right of way of the Southern Pacific Company intersects the northerly line of Seventh Street; thence running northerly along the eastern boundary line of the right of way of the Southern Pacific Company to a point where the same intersects the northerly charter line of the City of Oakland and the southerly boundary line of the town of Emeryville and point of beginning.

The Superintendent of Fire Alarm and Police Telegraph is directed to report to the City Manager all violations of the provisions of this Section.

(Prior code § 2-4.10)

Chapter 15.33 - RESIDENTIAL ROOFTOP SOLAR REQUIREMENTS

Article I - Title

15.33.010 - Title.

This chapter shall be known as the "Residential Rooftop Solar Requirements" and is referred to herein as this Chapter.

(Ord. No. 13332, § 2(Exh. A), 10-20-2015)

Article II - Administrative

15.33.020 - Definitions.

As used in this Chapter, the following terms shall have the meanings set forth herein. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.

"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

"Common interest development" means any of the following: community apartment project; a condominium project; a planned development; and/or a stock cooperative.

"Electronic submittal" means the utilization of one or more of the following: email; the internet; and/or facsimile.

"Feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City of Oakland on another similarly

situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code.

"Reasonable restrictions" on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

"Significantly" means:

a.

For solar domestic water heater systems or solar swimming pool heating systems: an amount exceeding ten percent of the initial estimated total installed cost of the system, but in no case more than $1,000.00, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

b.

For photovoltaic systems that comply with state and federal law: an amount not to exceed $1,000.00 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.

"Small residential rooftop solar energy system" means all of the following:

a.

A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal.

b.

A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of Oakland and paragraph (3) of subdivision (c) of Section 714 of the Civil Code.

c.

A solar energy system that is installed on a single or duplex family dwelling.

d.

A solar panel or module array that, as installed, does not exceed the maximum legal building height as defined by the City of Oakland.

"Solar energy system" means either of the following:

a.

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electricity generation, or water heating.

b.

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. No. 13332, § 2(Exh. A), 10-20-2015)