§ 15.35

The provisions of Section 15.35.020 through Section 15.35.050 inclusive, shall be known as the City of Oakland "green building requirements for City building projects and traditional public works projects."

(Ord. 12658 § 1 (part), 2005)

To promote economic and environmental health in Oakland, it is key that the City itself, through the design, construction, operations and deconstruction of its own facilities, provide leadership to both the private and public sectors in the arena of energy efficiency and "green" building practices. The most immediate and meaningful way to do this is to require the integration of green building strategies in as many public City buildings as feasible.

Therefore, the purpose of these provisions is to prescribe green building requirements to covered City building projects and traditional public works projects.

The City Administrator or designee is authorized to develop rules and regulations to implement the requirements of this Chapter, which may be amended from time to time.

(Ord. 12658 § 1 (part), 2005)

"Building" means any structure used or intended for supporting or sheltering any use or occupancy as defined in the California Building Code.

"City building project" means any new construction or renovation of a building owned or occupied by a City department or agency.

"Covered City building project" means:

1.

All new building projects owned or occupied by a City department or agency that equal or exceed three million dollars ($3,000,000.00) in construction costs (adjusted annually to the Building Cost Index published in the Engineering News-Record Magazine); or

2.

All renovation projects of any building owned or occupied by a City department or agency that equal or exceed three million dollars ($3,000,000.00) in construction costs (adjusted annually to the Building Cost Index published in the Engineering News-Record Magazine), excluding all costs associated with seismic improvement.

"Compliance Official" means the person who is authorized and responsible for implementing this Chapter for any given project. The Director of the Public Works Agency, his or her designee, shall be the Compliance Official for all covered City building projects and traditional public works projects.

"Green building practices" means a whole systems approach to the design, construction, and operation of buildings and structures that helps mitigate the environmental, economic, and social impacts of construction, demolition and renovation. Green building practices such as those described in the LEED Rating System, recognize the relationship between natural and built environments and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive environment.

"Initiated" means officially identified and substantially funded to offset all the costs associated with the project.

"LEED™ Rating System™" means the most recent version of the Leadership in Energy and Environmental Design (LEED™) Commercial Green Building Rating System™, or other related LEED™ Rating System, approved by the U.S. Green Building Council.

"LEED™ accredited professional" means an individual who has passed the LEED™ accreditation exam issued by the USGBC in applying LEED™ principles to building design.

"Renovation" means any change, addition, or modification to an existing building or structure, including, but not limited to, tenant improvements.

"Structure" means that which is built or constructed, and edifice or building of any kind or any piece of work artificially built or composed of parts joined together in some definite manner and permanently attached to the ground.

"Traditional public works project" means heavy construction projects such as pump stations, flood control improvements, roads, bridges, as well as traffic lights, sidewalks, bike paths, bus stops and associated infrastructure on City owned and maintained property.

(Ord. 12658 § 1 (part), 2005)

15.35.040 - Green building practices for City building projects.

A.

All covered City building projects initiated on or after the final adoption of this ordinance, shall meet a minimum LEED™ "Silver" rating under the LEED Rating System and be so certified by the U.S. Green Building Council.

B.

All covered City building projects shall have a LEED-accredited professional as a principal member of the design team from the beginning of the project.

C.

For purposes of reducing operating and maintenance costs in all City facilities, City building projects that do not meet the threshold that triggers compliance with the requirements of this ordinance are required to meet as many LEED green building checklist as a way of documenting the green building practices that have been incorporated into the project.

(Ord. 12658 § 1 (part), 2005)

15.35.045 - Green building practices for traditional public works projects.

The Public Works Agency shall continuously revise the project specifications used in bidding traditional public works projects to include the best green building practices applicable.

(Ord. 12658 § 1 (part), 2005)

15.35.046 - Promoting green building practices in private development projects.

Although the requirements of this ordinance do not extend to private development projects, the City of Oakland promotes the use of green building strategies in private development projects by offering a number of resources and incentives.

All private development projects in the City of Oakland are strongly encouraged, for example, to take advantage of free services provided by the Oakland Energy Partnership's Energy Efficiency Design Assistance Program and PG&E's Savings by Design Program for the purposes of integrating strong energy efficiency attributes into their projects. Other incentives include free green building technical assistance and

grants, green building guidelines, and free public promotion for qualified projects. Other incentives to "green" private development projects are currently under development.

A resource sheet with more information about these incentives and resources is available at Oakland's Green Building Resource Center on the second floor of 250 Frank Ogawa Plaza, through the Planning Department in the Community and Economic Development Agency on the third floor of 250 Frank Ogawa Plaza, and in the Mayor's office of the City of Oakland at City Hall.

(Ord. 12658 § 1 (part), 2005)

A.

The City Administrator shall promulgate any rules and regulations necessary or appropriate to achieve compliance with the green building practices stated in this Chapter. The initial rules and regulations shall be promulgated after securing and reviewing comments from affected City agencies and departments.

B.

The rules and regulations promulgated by the City Administrator's office under this Section shall provide for at least the following:

1.

The incorporation of the green building practices of this Chapter into the appropriate design and construction contract documents prepared for the applicable City projects;

2.

The designation of an appropriate Compliance Official(s) who shall have the responsibility to administer and monitor compliance with the green building practices set forth in this Chapter and with any rules or regulations promulgated thereunder, and to grant waivers or exemptions from the requirements of this Chapter, and to report to the City Council regarding green building compliance on all covered City building projects and traditional public works projects.

(Ord. 12658 § 1 (part), 2005)

Article II. - Civic Bay-Friendly Landscaping Requirements for All City Of Oakland, Redevelopment Agency and Public-Private Partnership Projects That Include Landscaping[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— See note at Article I.

The provisions of Sections 15.35.110 through 15.35.150, inclusive, shall be known as the "Civic BayFriendly Landscaping Requirements for all City of Oakland, Redevelopment Agency and Public-Private Partnership Projects That Include Landscaping."

(Ord. No. 12950, § 1, 7-7-2009)

Bay-friendly landscaping is a systematic approach to the design, construction and maintenance of landscaping that protects and enhances the health of the San Francisco Bay watershed and reduces waste. Bay-friendly landscaping shall apply to City, Redevelopment Agency and public-private partnership landscaping projects to the extent defined in this Chapter.

The City Administrator or his/her designee is authorized to develop rules and regulations to implement the requirements of this Chapter, which may be amended from time to time.

(Ord. No. 12950, § 1, 7-7-2009)

"Bay-Friendly Landscaping Scorecard" means the most recent version of the Bay-Friendly Landscaping points system originally developed by StopWaste.Org.

"Covered project" means any City, Redevelopment Agency or public-private partnership landscaping project with a cost of $100,000.00 or more (based on 2009 dollars and adjusted annually to the Building Cost Index published in the Engineering News-Record Magazine) and a size of 10,000 square feet or more.

"Initiated" means City and Redevelopment Agency projects that are officially identified and substantially funded; and, in the case of public-private partnerships, that have Council-approved agreements for development.

"Landscaping" means planted areas and associated hardscapes, exclusive of public streets and sidewalks.

"Landscaping project" means any new construction of, or renovation to, landscaping that is:

1.

On land or right-of-way owned by or leased to the City or Redevelopment Agency;

2.

Built by the City, Redevelopment Agency or public-private partnership; or

3.

Built as mitigation for a City, Redevelopment Agency or public-private partnership project.

"Public-private partnership" means any formal agreement between the City or Redevelopment Agency and a third party for the purpose of jointly conducting a landscaping project.

"Renovation" means any change, addition or modification to an existing landscaping.

(Ord. No. 12950, § 1, 7-7-2009)

A.

All covered projects initiated on or after the effective date of the ordinance from which this Article derives shall meet the Bay-Friendly Landscaping Scorecard requirements.

B.

For the purposes of reducing operating and maintenance costs, all City, Redevelopment Agency and Public-Private Partnership Landscaping Projects that do not meet the definition of a covered project but are greater than 2,500 square feet are required to achieve as many Bay-Friendly Landscaping Scorecard points as practicable. The Bay-Friendly Landscaping Compliance Official shall make pertinent information regarding such projects available to StopWaste.Org.

C.

The City Administrator shall designate a Bay-Friendly Landscape Compliance Official, who shall have the responsibility to:

1.

Administer and monitor compliance with the provisions of this Article and with any rules or regulations promulgated hereunder;

2.

Regularly review the project specifications used in bidding covered projects to ensure inclusion of applicable practices specified in the Bay-Friendly Landscaping Scorecard;

3.

Facilitate the provision to StopWaste.Org of pertinent information regarding all Covered Projects and other Landscaping Projects greater than 2,500 square feet.

4.

Grant ministerial exemptions to the provisions of this Chapter, as specified herein; and

5.

Report to Council, at Council's request, on the implementation of the provisions of this Chapter.

D.

A ministerial exemption from compliance with the provisions of this Chapter shall be granted by the Bay Friendly Landscaping Compliance Official for:

Any renovation of Landscaping of historical significance, as designated by the City Landmarks Board or the Local Register of Historical Resources; and

2.

Any installation of turf, both natural and artificial, for the purpose of constructing a sports field or multipleuse field.

Notwithstanding these exemptions, landscaping projects that include the renovation of landscaping of historical significance or the installation of turf shall achieve as many Bay-Friendly Landscaping Scorecard points as practicable.

E.

Compliance with the any and all provisions of this Chapter may be waived in unusual circumstances where the City Administrator, at his or her sole discretion, has determined that the public interest would not be served by complying with such provisions.

(Ord. No. 12950, § 1, 7-7-2009)

Chapter 15.36 - DEMOLITION PERMITS