§ 18.02.030. Definitions.

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:

1.

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

2.

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

3.

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)