Oakland Municipal Code Ch. 18.01 Water Efficient Landscaping Ordinance

This Chapter shall be known as the "Water Efficient Landscaping Ordinance" and is referred to herein in this Chapter as the "WELO." The full California State Model Water Efficient Landscape Ordinance, can be found at https://govt.westlaw.com/calregs/Browse/Home/ California/CaliforniaCodeofRegulations ?guid=I55B69DB0D45A11DEA95CA4428EC25FA0 &originationContext=document toc&transitionType=Default &contextData=(sc.Default)&bhcp=1. A copy of the 2015 WELO will be maintained on file in the office of the City Clerk.

(Ord. No. 13674, § 1, 12-21-2021)

The City of Oakland is required to enforce the State WELO through the building permit plan review process. WELO establishes many landscape and irrigation water conservation techniques. This Chapter is intended to promote economic development and enhance the health, safety, and welfare of its residents, workers, and visitors through the integration of environmentally sustainable water strategies in landscapes in Oakland. The minimum standards in the WELO are intended to minimize the use of water and maximize the healthfulness of landscapes and promote drought-tolerant landscaping and prudent water use.

(Ord. No. 13674, § 1, 12-21-2021)

The 2015 edition of the State Model Water Efficient Landscaping Ordinance as published by the State of California is adopted as the City of Oakland's Water Efficient Landscaping Ordinance, as if fully set out in this chapter, and as amended from time to time.

(Ord. No. 13674, § 1, 12-21-2021)

"WELO" means the Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California Code of Regulations as amended September 15, 2015, and as amended, supplemented, superseded, and replaced from time to time.

All definitions contained in the WELO are adopted as if fully set out in this chapter, and as amended from time to time.

(Ord. No. 13674, § 1, 12-21-2021)

This Chapter establishes the scope and applicability of the WELO.

On December 1, 2015, the State of California Revision to the Model Water Efficient Landscape Ordinance became effective for new construction projects with total landscape area equal to or greater than five hundred (500) square feet in size and rehabilitated landscape projects with total landscape area of two thousand five hundred (2,500) square feet or larger.

WELO applies to any single family or multi-family residential, commercial, industrial and institutional projects that require a permit, plan check, or design review and that meet the following size thresholds:

a. New construction projects with total landscape area equal to or greater than five hundred (500) square feet in size.

b. Rehabilitated landscape projects with total landscape area of two thousand five hundred (2,500) square feet or larger.

The City's Department Planning and Building Department will be the administrative entity for these requirements.

WELO requires affected project applicants to submit a signed landscape documentation package along with their permit application. After the permit is approved and the landscape installed, the project applicant must submit a certificate of completion with required information.

The City of Oakland additionally requires project applicants for civic, multifamily, and commercial landscape projects to meet the three (3) Bay Friendly Basics practices which are not in the current WELO as follows:

1. Divert construction and demolition debris, excavated soil spoils and land clearing debris in compliance with OMC 15.34, Construction and Demolition Waste Reduction and Recycling Ordinance.

2. Choose and locate plants to grow to their natural size.

3. Do not plant invasive species listed by Cal-IPC's Don't Plant A Pest brochure.

(Ord. No. 13674, § 1, 12-21-2021)

A. General. The Green Building Compliance Officer is hereby authorized to enforce the provisions of this Chapter. The Green Building Compliance Officer may also adopt rules and regulations to implement this Chapter.

B. Abatement of Violations. It shall be unlawful for any person, firm, or corporation to construct or renovate a landscape, subject to these requirements, in violation of this Chapter. In addition to the civil penalties provided by pursuant to Oakland Municipal Code Chapter 1.08, a violator shall be liable for such costs, expenses, accruing interest, and disbursements paid or incurred by the City or any of its contractors in correcting, abating, and/or prosecuting such violation pursuant to Oakland Municipal Code Section 15.08.110.

C. Notification of Violations. A notice of violation under this Chapter shall be served in accordance with Oakland Municipal Code Section 15.08.110 B.

D. Fees, Costs, Penalties and Interest. The fees and costs incurred and the civil penalties assessed and the interest accrued in ascertaining violations or affecting abatement thereof and in collecting such fees, costs, penalties, accruing interest, and attorneys' fees shall be a charge against the real property and record title holder. Such fees, costs, penalties, and accruing interest shall be as established in the Master Fee Schedule and may be recovered by all appropriate legal means, including nuisance abatement liens, prospective and priority liens, special assessments of the general tax levy, and civil and small claims court action brought by the City, and combinations of such actions.

E. Service and Collection. The methods of service for collection actions and the types and contents of the instruments of collection shall be as set forth in Chapter 15.08 of the Oakland Municipal Code, as may be amended.

(Ord. No. 13674, § 1, 12-21-2021)

Wherever the provisions of this Chapter conflict with each other or with the provisions of other associated codes, regulations, or ordinances, the more restrictive provision or standard shall control, where consistent with State law.

(Ord. No. 13674, § 1, 12-21-2021)

Where any section, subsection, sentence, clause, phrase, or other part of this Chapter and the referenced law recited herein are amended subsequently, all provisions of the original recitation not so specifically amended shall remain in full force and effect and all amended provisions shall be considered as added thereto.

(Ord. No. 13674, § 1, 12-21-2021)