§ 18.02.0140. Appeal procedures.

A.

Unreasonable Hardship Exemption.

1.

If compliance with this Chapter presents an unreasonable hardship, the applicant may apply for an exemption as set forth in this section. No unreasonable hardship exemption under this section will be granted to any applicant for compliance requirements of the 2008 California Building Energy Efficiency Standards (Title 24, Part 6) of the California Building Code. In applying for an exemption, the burden is on the applicant to demonstrate the unreasonable hardship. The City Planning and Zoning Division shall maintain the unreasonable hardship exemption application.

2.

Acceptance or denial of an unreasonable hardship exemption is at the discretion of the Director of City Planning. Unreasonable hardship exemptions will only be granted in unusual circumstances based upon a showing of good cause and a determination that the public interest is not served by compliance or other compelling circumstances.

3.

Notice of application for an exemption shall be given by posting an enlarged notice on the premises of the subject property; notice shall also be given by mail or delivery to all persons shown on the last available equalized assessment roll as owning real property in the City within 300 feet of the property involved; provided, however, that failure to send notice to any such owner where his or her address is not shown in said records shall not invalidate the affected proceedings. All such notices shall be given not less than 17 days prior to the date of the decision on the application by the Director of City Planning.

4.

The determination of the Director of City Planning shall become final ten calendar days after the date of decision unless appealed to the City Planning Commission in accordance with this Chapter and Section 17.134.060 of the Oakland Planning Code. For construction involving Historic Resources, the Director of City Planning may, at his or her discretion, refer the request for an unreasonable hardship exemption to the Landmarks Preservation Advisory Board for advisory decision to the Director of City Planning.

5.

The Director of City Planning or designee shall determine the maximum feasible number of credits reasonably achievable for the project and shall confirm the number of credits on the green building documentation, which shall be marked "Approved with Exemption." The construction shall be subject to the green building approval and compliance process in this Chapter, based on the confirmed number of credits.

B.

Appeal. Any aggrieved individual may appeal the Green Building Compliance Officer's determination of the applicable rating system, checklist, or the Director of City Planning's unreasonable hardship determination under this Chapter to the City Planning Commission pursuant to Section 17.132 of the Oakland Planning Code during the Entitlement Phase only.

(Ord. No. 13040, § 4, 10-19-2010)