§ 18.02.040. Scope and applicability.

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:

1.

Residential new construction.

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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.

8.

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

9.

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

10.

Mixed-use construction.

11.

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:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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.

8.

Seismic retrofits only.

9.

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.

1.

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.

2.

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)