§ 2.42.010. Definitions.

The following words and phrases, wherever used in this chapter, shall be construed as defined in this section unless otherwise required by the context. The singular shall be taken to mean the plural and the plural shall mean the singular when required by the context of this chapter. The following definitions apply to this chapter:

"City Administration Building Complex" means, collectively, the Lionel J. Wilson Building (150 Frank H. Ogawa Plaza), the Dalziel Building (250 Frank H. Ogawa Plaza), the Plaza Building (200 Frank H. Ogawa Plaza), City Hall (One Frank H. Ogawa Plaza), Frank H. Ogawa Plaza, and City Center West Garage (1250 Martin Luther King, Jr., Way).

"Development" means the new construction of buildings or other facilities, or the substantial rehabilitation of existing buildings or other facilities.

"Disposition" means the sale, lease or any other form of property disposition.

"Fair market value" means the amount that a willing buyer would pay a willing seller for the real property, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts, in an open and competitive market under all conditions requisite to the sale, and considering the property's highest and most profitable use.

"Fair market rental value" means the rental income that a real property would most likely command on the open market. Said rent shall be supported by a review of current rents paid, and asked, for comparable property and/or space.

"Fair reuse value" means the amount that a willing buyer would pay a willing seller for the real property, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts, considering the proposed use of the property and the sale or rental value of the property with the conditions, covenants, restrictions, and development costs associated with the negotiated disposition and development.

"Lease" for purposes of this chapter and Section 219(6) of the Charter means the grant by the City of a leasehold estate, rental, license, or other exclusive or nonexclusive right under a less than fee simple estate to use or occupy real property owned by the City for a set term, periodic term such as month-to-month, or at will, with or without the payment of rent, lease payments, license fees, or other consideration; but does not include an easement, equitable servitude, or franchise. A "lease" includes a sublease or an assignment of a lease by the City.

"NODO" means a Notice of Development Opportunity. For purposes of this chapter, a "NODO" also includes a Request for Proposals (RFP), Request for Qualifications (RFQ), or any other public solicitation of proposals, bids, offers, or statements of interest for acquiring and developing real property.

"Sale", "sell", "conveyance" or "convey" for purposes of this chapter and Section 219(6) of the Charter means the sale, grant, contribution or other voluntary disposition by the City to another of a fee simple interest in real property, with or without consideration, by grant deed, quitclaim, deed in lieu of foreclosure, or other transfer; but does not include a lease, license, or grant of a leasehold interest, easement, equitable servitude, option interest, security interest, or other estate in real property less than a fee simple interest. Notwithstanding the above, the conveyance of a leasehold interest for a term or lease period exceeding thirty-five (35) years, including any extension or renewal periods if the extension or renewal is exercisable at the unilateral option of the lessee, shall be treated as the sale of real property for purposes of this chapter.

"Substantial rehabilitation" means rehabilitation, the value of which is twenty-five (25%) or more of the after-rehabilitation value of the building or facility inclusive of land value.

"Real property" means land, buildings, structures and other fixtures or immovable property affixed to the land.

"Telecommunications facility" means an installation of equipment for the transmitting and receiving of radio frequencies, including the attachment of antennas to buildings and ether structures, and the construction of ancillary support structures for such equipment, and the placement of any vaults, pedestals, fiber, conduit, and other equipment, structures, or facilities for voice, video, or data transmission within the City rights-of-way or on or under any City street. The term "telecommunications facility" shall include any "micro facility," "mini facility," "macro facility," "monopole," or "tower," as these terms are defined in Section 2700, et seq., of the Oakland Planning Code.

"Undeveloped" means real property that is unimproved land, a surface parking lot, or otherwise not improved with permanent buildings or structures.

(Ord. No. 13287, § 3, 1-6-2015)