Oakland Municipal Code Art. II Administrative

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)

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. 13332, § 2(Exh. A), 10-20-2015)

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. 13332, § 2(Exh. A), 10-20-2015)