Article I — Intent

This Chapter shall be known as the "Sustainable Green Building Requirements for Private Development" and is referred to herein as this Chapter.

(Ord. No. 13040, § 4, 10-19-2010)

This Chapter is intended to promote economic development and enhance the health, safety, and welfare of its residents, workers, and visitors through the integration of environmentally sustainable strategies in building construction and landscapes in the City. The minimum standards, set forth herein, are intended to minimize the use of natural resources and the production of waste and maximize the healthfulness of enclosed environments.

(Ord. No. 13040, § 4, 10-19-2010)

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

"Addition/Alteration" for the purposes of this chapter only means any change, addition, or modification to an existing building or structure, including, but not limited to, remodeling, renovations, tenant improvements, and expansion in floor area.

"Addition/Alteration—Major" for the purposes of this chapter only means addition/alteration of non- residential buildings where:

A.

Interior finishes are removed;

B.

Major upgrades to mechanical, electrical and/or plumbing systems are proposed; and

C.

Where such addition/alteration is 25,000 square feet or more.

"Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality (other than the City), industry, public or private corporation, or any other entity that applies to the City for permits to undertake any construction within the City subject to this Chapter.

"Building" is defined under Section 15.35.030.

"Checklist" means the most recent green building methodology and rating system suitable for the type of construction proposed in evaluating the conformance with provisions of this Chapter, as determined by the City's Planning and Zoning Division.

"Checklist—Bay-Friendly Basic Landscape" means the most recent version of the checklist developed by StopWaste.Org for use in the professional design, construction and alterations of landscapes, and any subsequent checklists associated with the green building methodology.

"Checklist—GreenPoint Rated and GreenPoints (GPR)" means the most recent versions of the checklists, associated with the green building rating system and certification methodology developed by Build It Green, including but not limited to, the single-family GreenPoint rated checklist, the multifamily GreenPoint rated checklist, the GreenPoint rated checklist existing home (elements label), and any subsequent checklists.

"Checklist—LEED TM " means the most recent versions of the checklists, associated with the green building rating system and certification methodology developed by the United States Green Building Council (USGBC), including but not limited to, LEED for New Construction, LEED for Existing Buildings, LEED for Commercial Interior, LEED for Homes, LEED for Schools, LEED for Retail, LEED for Neighborhood Development and any subsequent checklists.

"Checklist—Small Commercial" means the most recent version of the checklist, associated with the green building methodology developed by StopWaste.Org, for use in the professional design, construction, and additions and/or alterations of small commercial (non-residential) buildings and any subsequent checklists.

"Compliance Standards Table" means the tables located in Section 18.02.090 and Section 18.02.100 of this Chapter which outlines the applicable size thresholds, checklist(s), and minimum compliance requirements for each construction type.

"Construction" means work which is subject to the Oakland Building Construction Code.

"Construction Phase—Permitting" means the engineering approval process for a permit, including but not limited to a demolition, grading, and building permit, issued pursuant to the Oakland Building Construction Code.

"Construction Phase—Inspections" means the site inspection process for a permit including but not limited to a demolition, grading, and building permit, issued pursuant to the Oakland Building Construction Code.

"Deconstruction" for the purposes of this Chapter means the systematic dismantling of a building to preserve the useful value of its component materials.

"Demolition" for the purposes of this Chapter only means the full or partial razing, ruining, tearing down or wrecking of any building's exterior structure not withstanding the provisions of Chapter 15.36 of the Oakland Municipal Code.

"Entitlement Phase" means the land use approval process per the Oakland Planning Code for a planning permit such as, but not limited to, a conditional use permit, design review or variance permit, and the continued compliance with the conditions of approval under which such permit was approved.

"Green Building Certification" means the certification that the construction complies with the provisions of this Chapter by:

A.

Build It Green for GreenPoint Rated projects;

B.

The Green Building Certification Institution (GBCI) or U.S. Green Building Council for LEED projects;

C.

The City's Building Services Division for the checklist—small commercial, the checklist—Bay-friendly basic landscape; or

D.

The City's Environmental Services Division for deconstruction.

"Green Building Certifier" means an individual who:

Can certify that the applicant is in compliance with this Chapter;

Does not have financial interest in the project for which green building certification is being sought; provided however, that compensation for providing such certification only shall not be deemed a financial interest; and

Is:

A.

Currently certified by the United States Green Building Council as a LEED TM accredited professional, or

B.

Currently certified by Build It Green as a GreenPoint Rater.

However, if the Green Building Compliance Officer is the Green Building Certifier then conditions 3.A. and 3.B. in this paragraph is not applicable. The Green Building Certifier must comply with the conflict of interest or code of conduct policies of the rating system, as may be applicable. The Green Building Compliance Officer acts as the Green Building Certifier for projects subject, but not limited to, LEED for neighborhood development, checklist—small commercial, checklist—Bay-friendly basic landscape, and deconstruction.

"Green Building Compliance Officer" means the City Administrator or designee(s) who is/are responsible for enforcement of this Chapter during the entitlement phase and all phases of construction.

"Green Building Documentation" means the information required by the Green Building Compliance Officer sufficient to confirm compliance with the provisions of this Chapter.

"Historic Preservation Planner" for the purposes of this chapter means a City Planning and Zoning Division staff person or designee assigned to review the application submitted pursuant to this chapter to ensure that the historic integrity of a historic resource is not adversely altered by implementation of this chapter.

"Historic Resource" for the purposes of this chapter only means a historic resource, including any designated historic property, any potentially designated historic property that have a rating of A or B or are located within an area of primary importance as these capitalized terms are defined in Oakland's Historic Preservation Element.

"LEED TM " means Leadership in Energy and Environmental Design.

"Mixed-Use" for the purposes of this chapter means a building or group of buildings located on a single tract of land, or on two or more tracts of land which may be separated only by a street or other right-of- way, or in a single building and which contain both residential and non-residential occupancies.

"Oakland Building Construction Code" means Chapter 15.04 of the Oakland Municipal Code.

"Oakland Planning Code" means Title 17 of the Oakland Municipal Code.

"Occupancy" for the purposes of this Chapter only means the assigned use of a building or a portion a building unless otherwise indicated.

"Rating system" means the green building methodology determined by the City Planning and Zoning Division for evaluating compliance with the provisions of this Chapter for the entitlement phase and construction phases—permitting and inspections.

"Record Title Holder" means the current owner(s) of the fee simple interest of a real property.

"Removal" for the purposes of this Chapter only shall mean either demolition or deconstruction of a building, but does not include relocation of a building.

"Request for Revision Plancheck Process" for the purposes of this Chapter is the process by which a project applicant may formally request a revision to the entitlement phase and/or construction phase- permitting or construction phase-inspection permits.

"Residential" for the purposes of this Chapter only means a building or group of buildings containing a residential Group R occupancy and not do not contain a non-residential occupancy, which is used or designed or intended to be used for human habitation including living, sleeping, cooking or eating or any combination thereof, including residentially oriented live/work units and HBX live/work units as such classifications are defined under Section 17.09.040 of the Oakland Planning Code.

"Shall/Will" means a determinative directive which includes the common meaning of the word must.

"Unreasonable Hardship" for the purposes of this Chapter shall mean practical infeasibilities, difficulties, or results inconsistent with the general purposes of this Chapter that are only applicable during the entitlement phase.

(Ord. No. 13040, § 4, 10-19-2010)

This Chapter establishes the scope and applicability of construction, related to siting, designing, constructing, remodeling, demolishing, and landscaping that reduces the environmental and economic impacts of conventional construction practices.

A.

Inclusions. This Chapter shall apply to the following:

Residential new construction.

One- and two-family additions/alterations of more than 1,000 square feet of contiguous or non-contiguous gross floor area.

Multi-family (3+ units) additions/alterations.

Non-residential new construction of more than 5,000 square feet of contiguous or non-contiguous gross floor area.

Non-residential additions/alterations of more than 5,000 square feet of contiguous or non-contiguous gross floor area.

Removal of a historic resource and construction of a new building.

Historic residential additions/alterations.

a.

One- and two-family additions/alterations of more than 1,000 square feet of contiguous or non-contiguous gross floor area.

b.

Multi-family (3+ units) additions/alterations.

Historic non-residential additions/alterations of more than 5,000 square feet of contiguous or non- contiguous gross floor area.

Affordable housing new construction and rehabilitation which receives City/Redevelopment Agency funding and has restrictions on income and rent/sales price.

Mixed-use construction.

Construction of more than 500 square feet of contiguous or non-contiguous gross floor area requiring a design review permit and a landscape plan subject to the Bay-friendly landscape basic landscape guidelines.

B.

Exclusions. This Chapter shall not apply to the following:

Fences, decks, arbors, pergolas, retaining walls, and signs.

Secondary dwelling units, as defined in the Oakland Planning Code Section 17.102.360.

Repair or replacement of roof covering, fenestration, and facade materials.

Group U detached accessory buildings which do not exceed 1,000 square feet of floor area.

Construction, additions, and alterations which are exempted from the permitting requirements both of the Oakland Building Construction Code and the Oakland Planning Code.

Factory-built buildings approved by the State of California and manufactured housing approved by the United States Department of Housing and Urban Development.

City and Redevelopment Agency capital improvement construction, alterations, and additions which are subject to Chapter 15.68 of the Oakland Municipal Code or the Bay-Friendly Landscaping Guidelines.

Seismic retrofits only.

Fire repairs to buildings that are damaged less than 75 percent of the current replacement cost per Section 17.114.120 of the Oakland Planning Code.

C.

2008 Building Energy Efficiency Standards. Notwithstanding any additional requirements contained in this Chapter, all buildings submitted for permit by the City shall meet all applicable portions of the 2008 Building Energy Efficiency Standards contained in the California Code of Regulations, Title 24, Part 6.

D.

Ongoing Review.

The Community and Economic Development Agency shall review this Chapter biannually and provide a report to the Planning Commission to determine whether it needs to be updated because of, but not limited to, new legislation enacted by the State or new standards developed by applicable organizations, such as StopWaste.Org, Build It Green, and LEED or the development of another effective rating system.

The Community and Economic Development Agency shall review this Chapter with the adoption of each future Title 24 standards.

(Ord. No. 13040, § 4, 10-19-2010)

A.

General. The Green Building Compliance Officer is hereby authorized to enforce the provisions of this Chapter. The Green Building Compliance Officer may also adopt rules and regulations to implement this Chapter.

B.

Abatement of Violations. It shall be unlawful for any person, firm, or corporation to maintain any building or portion thereof or real property or cause or allow the same to be done in violation of this Chapter. In addition to the civil penalties provided by pursuant to Oakland Municipal Code Chapter 1.08, a violator shall be liable for such costs, expenses, accruing interest, and disbursements paid or incurred by the City

or any of its contractors in correcting, abating, and/or prosecuting such violation pursuant to Oakland Municipal Code Section 15.08.110.

C.

Notification of Violations. A notice of violation under this Chapter shall be served in accordance with Oakland Municipal Code Section 15.08.110 B.

D.

Fees, Costs, Penalties and Interest. The fees and costs incurred and the civil penalties assessed and the interest accrued in ascertaining violations or affecting abatement thereof and in collecting such fees, costs, penalties, accruing interest, and attorneys' fees shall be a charge against the real property and record title holder. Such fees, costs, penalties, and accruing interest shall be as established in the Master Fee Schedule and may be recovered by all appropriate legal means, including nuisance abatement liens, prospective and priority liens, special assessments of the general tax levy, and civil and small claims court action brought by the City, and combinations of such actions.

E.

Service and Collection. The methods of service for collection actions and the types and contents of the instruments of collection shall be as set forth in Chapter 15.08 of the Oakland Municipal Code, as may be amended.

(Ord. No. 13040, § 4, 10-19-2010)

Wherever the provisions of this Chapter conflict with each other or with the provisions of other associated codes, regulations, or ordinances, the more restrictive provision or standard shall control.

(Ord. No. 13040, § 4, 10-19-2010)

Where any section, subsection, sentence, clause, phrase, or other part of this Chapter and the referenced law recited herein are amended subsequently, all provisions of the original recitation not so specifically amended shall remain in full force and effect and all amended provisions shall be considered as added thereto.

(Ord. No. 13040, § 4, 10-19-2010)

The record title holder shall pay all fees as established in the Master Fee Schedule associated with this Chapter, including but not limited to, the submittal of green building documentation, requests for determinations, unreasonable hardship, alternative methods, appeals, and administrative hearings to the City.

(Ord. No. 13040, § 4, 10-19-2010)