15.35.110 - Title.

The provisions of Sections 15.35.110 through 15.35.150, inclusive, shall be known as the "Civic Bay-Friendly Landscaping Requirements for all City of Oakland, Redevelopment Agency and Public-Private Partnership Projects That Include Landscaping."

(Ord. No. 12950, § 1, 7-7-2009)

15.35.120 - Purpose and intent.

Bay-friendly landscaping is a systematic approach to the design, construction and maintenance of landscaping that protects and enhances the health of the San Francisco Bay watershed and reduces waste. Bay-friendly landscaping shall apply to City, Redevelopment Agency and public-private partnership landscaping projects to the extent defined in this Chapter.

The City Administrator or his/her designee is authorized to develop rules and regulations to implement the requirements of this Chapter, which may be amended from time to time.

(Ord. No. 12950, § 1, 7-7-2009)

15.35.130 - Definitions.

"Bay-Friendly Landscaping Scorecard" means the most recent version of the Bay-Friendly Landscaping points system originally developed by StopWaste.Org.

"Covered project" means any City, Redevelopment Agency or public-private partnership landscaping project with a cost of $100,000.00 or more (based on 2009 dollars and adjusted annually to the Building Cost Index published in the Engineering News-Record Magazine) and a size of 10,000 square feet or more.

"Initiated" means City and Redevelopment Agency projects that are officially identified and substantially funded; and, in the case of public-private partnerships, that have Council-approved agreements for development.

"Landscaping" means planted areas and associated hardscapes, exclusive of public streets and sidewalks.

"Landscaping project" means any new construction of, or renovation to, landscaping that is:

1.

On land or right-of-way owned by or leased to the City or Redevelopment Agency;

2.

Built by the City, Redevelopment Agency or public-private partnership; or

3.

Built as mitigation for a City, Redevelopment Agency or public-private partnership project.

"Public-private partnership" means any formal agreement between the City or Redevelopment Agency and a third party for the purpose of jointly conducting a landscaping project.

"Renovation" means any change, addition or modification to an existing landscaping.

(Ord. No. 12950, § 1, 7-7-2009)

15.35.140 - Compliance.

A.

All covered projects initiated on or after the effective date of the ordinance from which this Article derives shall meet the Bay-Friendly Landscaping Scorecard requirements.

B.

For the purposes of reducing operating and maintenance costs, all City, Redevelopment Agency and Public-Private Partnership Landscaping Projects that do not meet the definition of a covered project but are greater than 2,500 square feet are required to achieve as many Bay-Friendly Landscaping Scorecard points as practicable. The Bay-Friendly Landscaping Compliance Official shall make pertinent information regarding such projects available to StopWaste.Org.

C.

The City Administrator shall designate a Bay-Friendly Landscape Compliance Official, who shall have the responsibility to:

1.

Administer and monitor compliance with the provisions of this Article and with any rules or regulations promulgated hereunder;

2.

Regularly review the project specifications used in bidding covered projects to ensure inclusion of applicable practices specified in the Bay-Friendly Landscaping Scorecard;

3.

Facilitate the provision to StopWaste.Org of pertinent information regarding all Covered Projects and other Landscaping Projects greater than 2,500 square feet.

4.

Grant ministerial exemptions to the provisions of this Chapter, as specified herein; and

5.

Report to Council, at Council's request, on the implementation of the provisions of this Chapter.

D.

A ministerial exemption from compliance with the provisions of this Chapter shall be granted by the Bay Friendly Landscaping Compliance Official for:

1.

Any renovation of Landscaping of historical significance, as designated by the City Landmarks Board or the Local Register of Historical Resources; and

2.

Any installation of turf, both natural and artificial, for the purpose of constructing a sports field or multiple-use field.

Notwithstanding these exemptions, landscaping projects that include the renovation of landscaping of historical significance or the installation of turf shall achieve as many Bay-Friendly Landscaping Scorecard points as practicable.

E.

Compliance with the any and all provisions of this Chapter may be waived in unusual circumstances where the City Administrator, at his or her sole discretion, has determined that the public interest would not be served by complying with such provisions.

(Ord. No. 12950, § 1, 7-7-2009)