§ 15.48

For the purposes of this Chapter the word "building" and the word "structure" shall not be construed to include a coping, a fence not higher than three feet, a retaining wall, or a walk or stairway leading to the building.

(Prior code § 7-3.01)

Proceedings for the establishment of setback lines along any portion of any street in the city may be initiated and conducted as in this Chapter provided. A verified petition may be filed with the City Council asking that such setback line or lines be established. Said petition shall describe the street or streets or portion of street along which such setback lines are sought to be established and shall be accompanied by a sketch or map showing the street and lot lines and the proposed setback line or lines and the distance thereof from the regularly established property line of said street or streets.

The City Council shall thereafter cause an investigation to be made and, if satisfied that the proposed setback line or lines should be established as set forth in said petition or should be established so as to include other and additional street or streets or portions of streets, may establish said line or lines in the manner hereinafter in this Chapter described.

(Prior code § 7-3.02)

Whenever the public peace, health, safety, comfort, convenience, interest or welfare may so require, the said City Council of the city is authorized and empowered to determine the minimum distance back of the street line for the erection of buildings or structures along any portion of any street in the city and to order the establishment of a line to be known and designated as a setback line, between which said line and the street line no building or structure shall be erected, constructed or placed.

(Prior code § 7-3.03)

Before ordering the establishment of any setback line authorized by Section 15.48.030, the City Council shall pass a resolution of intention so to do, designating the setback line or lines proposed to be established. Said resolution shall be published once in the official newspaper of the city, and two copies of said resolution shall be posted conspicuously at least one hundred (100) feet apart upon the side of each street in front of each block or part of block of any street where such setback line is proposed to be established. Said resolution shall contain also a notice of the day, hour and place when and where any and all persons having any objection to the establishment of the proposed setback line or lines may appear before the City Council and present any objection which they may have to said proposed setback line or lines as set forth in said resolution of intention. Said time of hearing shall not be less than fifteen (15) days or more than thirty (30) days from the date of the adoption of the resolution of intention and said publication and posting of said resolution shall be made at least ten days before the time for said hearing.

(Prior code § 7-3.04)

After the adoption of said resolution of intention and prior to the time the ordinance establishing a setback line or lines in such proceedings becomes effective, no building permit shall be issued for the erection of any building or structure between any proposed setback line and the street line, and any permit so issued shall be void.

(Prior code § 7-3.05)

At any time not later than the hour set for hearing objections and protests to the establishment of the proposed setback line or lines, any person having any interest in any land upon which said setback line is proposed to be established may file with the City Clerk a written protest or objection against the establishment of said setback line or lines designated in the resolution of intention. Such protests must be

in writing and must be delivered to said City Clerk not later than the hour set for said hearing and no other protests or objections shall be considered by the City Council upon said hearing. All protestants may appear before the City Council at said hearing either in person or by counsel, and be heard in support of their protest or objection. At the time set for hearing, or at any time to which the said hearing may be continued, the Council shall proceed to hear and pass upon all protests or objections so made, and its decision shall be final and conclusive.

Said City Council shall have power and jurisdiction to sustain any protest or objection and abandon said proceeding, or deny any and all protests or objections and order by ordinance the establishment of said setback line or lines described in the said resolution of intention, or to order the same established with such changes or modifications as the Council may deem proper.

(Prior code § 7-3.06)

15.48.070 - Unlawful to construct buildings or other structures outside of setback lines.

From and after the taking effect of such ordinance establishing any setback line or lines, it is unlawful for any person to construct or place any building, wall, fence or other structure within the space between the street line and the setback line so established, and the Building Inspector of the city shall refuse to issue any permit for any building or structure to be erected within such space.

(Prior code § 7-3.07)

15.48.080 - Violation of ordinance establishing setback lines.

Any person violating any of the provisions of any ordinance establishing any setback line pursuant to the provisions of this Chapter shall be deemed guilty of an infraction.

(Prior code § 7-3.08)

Chapter 15.52 - VIEWS

15.52.010 - Intent and findings.

This chapter is enacted in recognition of the following facts and for the following reasons:

A.

Among the features that contribute to the attractiveness and livability of the city are its trees, both native and introduced, and its views of the San Francisco Bay area, obtained from the variety of elevations found throughout the city.

B.

Trees, whether growing singly, in clusters, or in woodland situations, produce a wide variety of significant psychological and tangible benefits for both residents and visitors to the city. Trees contribute to the natural environment of the city by modifying temperatures and winds, replenishing oxygen to the atmosphere and water to the soil, controlling soil erosion, and providing wildlife habitat. Trees contribute to the visual environment of the city by providing scale, color, silhouette and mass, and by creating visual screens and

fits for both residents and visitors to the city. Trees contribute to the natural environment of the city by modifying temperatures and winds, replenishing oxygen to the atmosphere and water to the soil, controlling soil erosion, and providing wildlife habitat. Trees contribute to the visual environment of the city by providing scale, color, silhouette and mass, and by creating visual screens and

buffers to separate land uses, and promote individual privacy. Trees contribute to the economic environment of the city by stabilizing property values and reducing the need for surface drainage systems. Trees contribute to the cultural environment of the city by becoming living landmarks of the city's history and providing a critical element of nature in the midst of urban congestion and settlement.

C.

Views, whether of the San Francisco Bay with its vistas of the city of San Francisco, the varied bridges of the Bay Area, numerous islands and ships, or of the Oakland hills with its vistas of trees and the hills themselves, also produce a variety of significant and tangible benefits for both residents and visitors to the city. Views contribute to the economic environment of the city by substantially enhancing property values. Views contribute to the visual environment of the city by providing inspiring panoramic vistas, and creating distinctive supplements to architectural design. Views contribute to the cultural environment of the city by providing a unifying effect, allowing individuals to relate different areas of the city to each other in space and time.

D.

It is recognized that trees and views, and the benefits derived from each, may come into conflict. Tree locations and species selections may produce both intended beneficial effects on the property where they are planted or occur as a result of natural regeneration as well as unintended deleterious effects on neighboring properties of equal or higher elevation. It is therefore in the interest of the public welfare, health and safety to establish standards for the resolution of view obstruction claims so as to provide a reasonable balance between tree and view related values for both private views and protected public views corridor.

(Ord. 12752 (part), 2006; Ord. 12622 (part), 2004; prior code § 7-8.01)

15.52.020 - Definitions.

For the purposes of this Chapter, the meaning and construction of words and phrases hereinafter set forth shall apply:

"Claimant" means any individual owning real propert in the city who files a bona fide claim as required by the terms and provisions of this Chapter.

"Natural regeneration" means the process by which trees germinate as a result of natural, not humandirected, events such as the seeding by an established tree or the indiscriminate placement of seed by the wind, rain, birds or other animals.

"Obstruction" means any blocking or diminishment of a view attributable to the growth, maintenance or location of trees.

"Private view claim" means the written basis for arbitration or court action under the terms and conditions of this Chapter, submitted by the claimant, which clearly establishes the following:

1.

The precise nature and extent of the alleged view obstruction, including all pertinent and corroborating physical evidence available. Such evidence may include, but is not limited to, photographic prints,

negatives, or slides;

2.

The exact location of all trees alleged to cause a view obstruction, the address of the property upon which the trees are located, and the present tree owner's name and address. This requirement may be satisfied by the inclusion of tree location, property address and tree owner information on a valid property survey or plot plan submitted with the view claim;

3.

Any mitigating actions proposed by the parties involved to resolve the alleged view claim;

4.

The failure of personal communication between the claimant and the tree owner to resolve the alleged view obstruction as set forth in Section 15.52.090A. The claimant must provide physical evidence that written attempts at conciliation have been made and failed. Such evidence may include, but is not limited to, copies of and receipts for certified or registered mail correspondence.

"Protected public view corridor" means only the wedged-shaped view, afforded by a specific vantage point and designated on the Site Development Map of the North Oakland Hill Area Specific Plan.

"Restorative action" means any specific requirement to resolve a view claim.

"Thinning" means the selective removal of entire branches from a tree so as to improve visibility through the tree and/or improve the tree's structural condition.

"Topping" means elimination of the upper portion of a tree's trunk or main leader.

"Tree" means any woody perennial plant, usually with one main trunk, attaining a height of at least eight feet at maturity.

"Tree owner" means any individual owning real property in the city upon whose land is (are) located the tree(s) that form the basis for the filing of a view claim.

"Tree removal" means the destruction of any tree by cutting, girdling, interfering with the water supply, applying chemicals, or regrading around the base of the trunk.

"Trimming" means the selective removal of portions of branches from a tree so as to modify the tree's shape or profile and/or improve the tree's appearance.

"View" means a distant vista or panoramic range of sight of Oakland, neighboring areas, or the San Francisco Bay that existed at the time a claimant acquired any property in the city. Views include, but are not limited to, skylines, bridges, distant cities, geologic features, hillside terrains and wooded canyons or ridges.

"View arbitrator" means any forester or landscape architect registered and licensed by the State of California, or any arborist registered and certified by the International Society of Arboriculture.

(Ord. 12752 (part), 2006; Ord. 12622 (part), 2004: prior code § 7-8.02)