§ 15.37

A.

"Accessory dwelling unit" shall have the same meaning as specified in Section 65852.2 of the California Government Code.

B.

"All-electric building" or "all-electric design" is a building or building design that uses a permanent supply of electricity as the source of energy for all space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances, and has no natural gas or propane plumbing installed in the building.

C.

"Greenhouse gas emissions" means the six (6) molecules of heat-trapping gases identified and described in the Intergovernmental Panel on Climate Change (IPCC) report Climate Change 2013: The Physical Science Basis. Contribution of Working Group I to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (2013).

D.

"Mixed-fuel building" means a building that uses natural gas or propane as fuel for space heating or cooling, exterior heating, decorative uses and lighting, water heating (including pools and spas), cooking appliances or clothes drying appliances, onsite generation of electricity (except where primarily fueled by onsite, digestion of organic material), or contains fixtures, piping systems, or infrastructure for natural gas or propane equipment for such uses.

E.

"Natural gas" shall have the same meaning as "fuel gas" as defined in the California Plumbing Code Section 208.0 and the California Mechanical Code Section 208.0.

F.

"Newly constructed buildings" shall mean any building that:

(1)

Has obtained a valid land use entitlement from the City on or after the effective date of this Chapter and has never before been used or occupied for any purpose, or

(2)

Has obtained a valid land use entitlement from the City before the effective date of this Chapter but has failed to file for a development-related permit within one (1) year from the effective date of this Chapter and has never before been used or occupied for any purpose.

(Ord. No. 13632, § 2, 12-15-2020)

15.37.030 - Requirement for all-electric construction in newly constructed buildings.

A.

Newly constructed buildings shall meet the definition of an all-electric building and contain an all-electric design.

B.

Conversion to Mixed-Fuel Buildings. The building official shall not issue permits that would convert an allelectric building or project into a mixed-fuel building where the application was submitted on or after the effective date of this Chapter.

C.

The requirements of this Section shall be deemed objective planning standards under Government Code section 65913.4 and objective development standards under Government Code section 65589.5.

D.

The requirements of this Chapter shall not affect any other state or local requirement related to the delivery of affordable housing, including but not limited to state and local density bonus requirements under Government Code Section 65915 et seq. and O.M.C. Chapter 17.107.

(Ord. No. 13632, § 2, 12-15-2020)

The requirements of this Chapter shall not apply to the following:

A.

Accessory dwelling units that are physically attached and located within the original primary building footprint and located entirely within a single-family or multi-family dwelling.

B.

Buildings that are not deemed to be newly constructed buildings or are not deemed conversions from existing all-electric buildings to mixed-fuel buildings.

C.

Development projects that have obtained vested rights through either a development agreement or vesting map prior to the effective date of this Chapter.

(Ord. No. 13632, § 2, 12-15-2020)

15.37.050 - Infeasibility waiver.

A.

Waiver. If an applicant for a newly constructed building believes that circumstances exist that makes it infeasible to meet the requirements of this Chapter, the applicant may request an exemption as set forth

below. In applying for an exemption, the burden is on the applicant to show infeasibility.

B.

Application. If an applicant for a newly constructed building believes such circumstances exist, the applicant may apply for an exemption at the time of application submittal in accordance with the planning and development services administrative guidelines. The applicant shall indicate the maximum threshold of compliance they believe is feasible for the project and the circumstances that make it infeasible to fully comply with this Chapter. Circumstances that constitute infeasibility include, but are not limited to the following:

1.

There is conflict with any other City regulations, such as those requiring historic preservation;

2.

There is a lack of commercially available materials and technologies to comply with the requirements of this Chapter;

3.

Applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property.

C.

Granting of Exemption. If the Director of the Planning and Building Department, determines that it is infeasible for the applicant to fully meet the requirements of this Chapter based on the information provided, the Director shall determine the maximum feasible threshold of compliance reasonably achievable for the project. The decision of the Director shall be provided to the applicant in writing. If an exemption is granted, the applicant shall be required to comply with this Chapter in all other respects and shall be required to achieve, in accordance with this Chapter, the threshold of compliance determined to be achievable by the Director.

D.

Denial of Exemption. If the Director of the Planning and Building Department determines that it is reasonably possible for the applicant to fully meet the requirements of this Chapter, the request shall be denied and the Director shall so notify the applicant in writing. The project and compliance documentation shall be modified to comply with this Chapter prior to further review of any pending planning or building application.

E.

Council Review of Exemption. For any newly constructed building that requires review and action by the City Council, the Council shall act to grant or deny the exemption, based on the criteria outlined above, after recommendation by the Director of the Planning and Building Department.

(Ord. No. 13632, § 2, 12-15-2020)

15.37.060 - Appeal.

A.

Any aggrieved applicant may appeal the determination of the Director of the Planning and Building Department regarding the granting or denial of an exemption pursuant to this Chapter.

B.

Any appeal must be filed in writing with the Planning and Building Department not later than fourteen (14) days after the date of the determination by the Director. The appeal shall state the alleged error or reason for the appeal.

C.

The appeal shall be processed and considered by the City Council in accordance with the provisions of the Oakland Municipal Code.

(Ord. No. 13632, § 2, 12-15-2020)

The City Administrator or designee shall review the requirements of this Chapter for ongoing consistency with California Building Standards Commission regulations under Title 24 and the Commission's triennial code adoption cycle and is also authorized to draft administrative regulations implementing requirements of this Chapter.

(Ord. No. 13632, § 2, 12-15-2020)

An owner of a building subject to this Chapter who fails to comply with any of this Chapter's requirements shall be subject to fines and penalties contained in Titles 1 and 15 pursuant to Section 106 of the Charter of the City of Oakland, which provides that the City has the right and the power to make and enforce all laws and regulations with respect to municipal affairs.

(Ord. No. 13632, § 2, 12-15-2020)