Title
Subject: Secondary Units and Density Bonus Law
From: Community and Economic Development Agency
Recommendation: Approve the report and provide direction regarding modifications to minimums street pavement width requirements in Ordinance Number 12501 C.M.S. related to standards for Secondary Units
Body
L@L
WFICE OF HE CIT -f CLERX
L !@ 1!
CITY OF OAKLAND
AGENDA REPORT 2003 JUL -2 PM 4:52
TO: Office of the City Manager
ATTN: Robert C. Bobb
FROM: Community and Economic Development Agency
DATE: July 15, 2003
RE: Consideration of modifications to minimum street pavement width requirements
in Ordinance Number 12501 related to standards for Secondary Units.
SUMMARY
On June 17, 2003, the City Council adopted a Zoning Text Amendment that revised the City's
regulations for Secondary Units in response to a new state law. One of the newly adopted
regulations states that Secondary Units are allowed only if the streets leading from the property
to the nearest arterial street have a minimum pavement width of 20 feet. This requirement is the
same as the guidelines adopted by the City Council in 1999 and agreed to by the Fire Marshal at
that time.
At the June 3, 2003 City Council hearing, some councilmembers expressed an interest in
increasing the pavement width requirement to 24 feet, based on fire safety concerns. However,
making the change at that time would have necessitated an additional public hearing and would
have resulted in the City missing the state imposed deadline for adopting new Secondary Unit
regulations. Therefore, the City Council adopted the 20-foot requirement and instructed staff to
come back with a follow-up report on the subject immediately after the adoption of the new
Secondary Unit regulations.
The existing 20-foot minimum pavement width requirement is contained within Section
17.102.360(G) of the Oakland Planning Code, as amended by Ordinance No. 12501 on June 17,
2003 (attached).
FISCAL IMPACT
There is no net fiscal impact to the City. A change to a 24-foot minimum street width
requirement will likely result in fewer applications for Secondary Units, however the costs of
processing permits generally are equal to the costs of staff time to process the permit
applications.
KEY ISSUES AND IMPACTS
Street width andparking
The minimum pavement width requirement is meant to address the issue of fire safety and
emergency access. Narrow streets are most prevalent in the hills areas, which are also generally
sub9.ect to higher fire risks and longer response times from emergency personnel. Residential
item: C@ F
City Co unci I
July 15, 2003
Robert C. Bobb
July 15, 2003 Page No. 2
development of any type on narrow streets can result in dangerous congestion or gridlock during
an emergency, such as a large wildfire, where people are trying to escape at the same time that
emergency personnel are trying to respond. The problem is compounded by parked vehicles that
block portions of the street and constrict the width of the travel lane(s). The impact of Secondary
Units is that they result in an increase in the number of people living in areas that are lacking
adequate emergency access, and will likely result in an increase of on-street parking, furthering
the potential to block access for emergency vehicles. While an increased minimum pavement
width requirement for Secondary Units will do nothing to address the much larger issue of
emergency access to existing homes, it will help to prevent a worsening of the situation. The
construction of new single-family homes on vacant lots, and bedroom additions to existing
single-family homes, are not restricted based on minimum pavement width, yet they have a much
greater impact on emergency access because they occur in much greater numbers than Secondary
Units are likely to.
The absolute minimum pavement width for Fire Department access that is allowed by building
and fire codes with respect to new streets or alleys is 20-feet, and then only if no parking is
allowed on either side of the street or alley. The City's width requirement for new streets that
allow on-street parking on one side is 28-feet, while new streets that allow parking on both sides
must be at least 36-feet wide. These requirements allow for 10-foot wide travel lanes and 8-foot
wide parking spaces. The problem of blocked access on existing streets in the hills areas is really
more a problem of on-street parking and parked cars blocking the path of emergency vehicles,
rather than street width in and of itself. Many of the streets in the hills areas are less than 28 feet
wide and allow. parking on one or both sides of the street. Section 10.28.080 of the Oakland
Municipal Code allows the City Traffic Engineer to designate no-parking zones on narrow
streets; however it does not require it. There have been incidents where Fire Department crews
have had to stop and knock on doors to ask people to move their parked vehicles when
responding to an emergency call.
The whole issue of emergency access in the hills areas was debated extensively after the Oakland
Hills Fire of 1991. A few streets were widened, and "no parking7 signs were installed on some
streets. However, there was not community support to restrict parking throughout the hills areas,
given the lack of off-street parking available on many properties.
Vehicle width
The Oakland Fire Marshal has stated that a 20-foot wide street is not adequate to provide two-
way access for their equipment when cars are parked on the street. The City of Oakland's fire
engines are 8'-2" wide, and vary in length from 31 to 59 feet (most fire engines used in the hills
areas are 31 feet long). Private passenger cars, SUV's, and trucks vary in width from about 5Y2
to 6V2 feet (a Toyota Corolla is 5'-7 wide, while a Chevy Suburban is 6'-8" wide). A car parked
on a 20-foot wide street leaves only approximately 14-feet of roadway for two-way vehicle
travel. Often on narrow streets, cars are parked partially off the edge of pavement or on the
shoulder. However, even in those situations, there is still not adequate room for a fire engine
traveling in one direction and a private passenger vehicle traveling in the other, particularly on
curves where the fire engine's length necessitates taking wide turns. In many cases, particularly
on curves, parked cars will not allow the passage of fire equipment at all, even if there is no
oncoming traffic. item: dr
City Council
July 15, 2003
Robert C. Bobb
July 15, 2003 Page No. 3
Location of narrow streets
A majority of the City's narrow streets are located in the hills areas, particularly concentrated in
the north and central hills areas. As measured in terms of total street length, approximately 19%
of the streets in the hills areas above highways 580 and 13 are less than 20 feet wide, and
approximately 43% are less than 24 feet wide. Meanwhile, approximately 2% of the streets
located below highways 580 and 13 are less than 20 feet wide, and approximately 7% are less
than 24 feet wide. No data is available listing which of these streets allow on-street parking.
ANAILYSIS
The Fire Marshal has indicated that a 24-foot wide street is recommended as the minimum
necessary to provide reasonable emergency access in areas with a mix of restricted and
unrestricted on-street parking, as is the case in the Oakland hills. Four options for Council
consideration are:
I . 20-feet
Council may wish to keep the existing 20-foot minimum street width requirement. This
requirement is the same as the guidelines adopted by the City Council in 1999 and agreed to by
the Fire Marshal at that time. Secondary Units are likely to result in a very small amount of
additional on-street parking. Off-street parking is required for Secondary Units, and the Police
Department has the ability to cite and/or remove cars that are parked in a manner that blocks a
lane of traffic (Section 22651(b) of the California Vehicle Code). Approximately 19% of the
streets in the hills areas are less than 20-fect wide.
2. 20-feet with no parking, 24-feet with parking
The emergency access issue is really more one of on-street parking on narrow streets rather than
narrow street width by itself. One option to address this issue is to keep the existing 20-foot
minimum street width requirement, but only for streets that do not allow any on-street parking,
and to increase the requirement to 24-feet in all other cases. This would place an additional
burden on staff who would need to field verify the on-street parking conditions for all Secondary
Unit applications that involve streets that are less than 24-feet wide. Approximately 43% of the
streets in the hills areas are less than 24 feet wide.
3. Less than 24-feet with a Conditional Use Permit
Another option is to increase the road width requirement for Secondary Units to 24-feet, but to
allow a 20-foot road width upon the issuance of a Conditional Use Permit. This would allow
Planning & Zoning Department and Fire Department staff to evaluate the specifics of the site,
and to take into consideration parking, the length of the street, the shoulder width available for
parking, on-street parking restrictions, and other related issues.
4. 24-feet
A fourth option is simply increasing the road width requirement for Secondary Units to 24-feet.
This would provide an increased measure of safety without placing the additional burden on staff
of needing to field verify on-street parking conditions. It also provides and addition r for
Item: buip
City Council
July 15, 2003
Robert C. Bobb
July 15, 2003 Page No. 4
situations when cars are illegally parked, when commercial delivery vehicles are partially
blocking lanes during a delivery, or when construction equipment is temporarily blocking a lane.
RECOMMENDATION
Staff recommends that the City Council review the options listed above and direct staff to
modify the attached ordinance, Section 17.136, accordingly.
ACTION REQUESTED OF THE CITY COUNCIL
I . Review and comment on the options presented.
2. Direct staff to prepare draft language for Zoning Text Amendment(s) implementing
Council recommendations.
Respectfully submitted,
Z@-Z@
Rol3'ert C. Bobb
City Manager for the
Community & Economic Development Agency
APPROVED AND FORWARDED TO THE
COMM-UNITY & ECONOMIC
DEVELOPMENT COMMITTEE:
Prepared by:
Andrew M. Smith, Planner III
Planning & Zoning Division
ATTACHMENTS
A. Ordinance No. 12501 C.M.S. (Secondary Unit Regulations)
item:
City Council
July 15, 2003
APPROVED S TO FORM AND LEGALITY
INTRODUCED BY COUNCILMEMBER
C[ TTORNEY
1 2 51.1 C. M S.
ORDINANCE NO.
AN ORDINANCE AMENDING THE OAKLAND PLANNING CODE TO ESTABLISH A
MINISTERIAL PROCESS FOR THE APPROVAL OF ALL SECONDARY UNITS IN
SPECIFIED ZONES AND TO MAKE MINOR AMENDMENTS TO THE DENSITY
BONUS LAW, BOTH AS REQUIRED BY AB 1866.
WHEREAS, in late summer 2002, the City Planning Commission requested that staff
review the zoning regulations regarding the construction of Secondary Units with regard to the
requirement for a Major Conditional Use Permit; and
WHEREAS, in October of 2002, the state legislature and governor signed into law
Assembly Bill 1866. This new law, which goes into effect July 1, 2003, requires that
applications for the construction of all Secondary Units (commonly known as "in-law units" or
"granny flats") in all California cities be processed via a ministerial (by-right) process rather than
a discretionary process. The law separately requires local jurisdictions broaden the type of
housing eligible for density bonuses that are to be made available for new affordable housing
developments.; and
WHEREAS, on April 7, 2003, Planning & Zoning staff held an informational
community meeting to discuss the new state law and the proposed Zoning Text Amendment with
the general public, and to explain the changes that would be brought about by the proposed
Zoning Text Amendment; and
WHEREAS, a duly noticed public hearing was held on this matter by the City Planning
Commission on May 7, 2003; and
WHEREAS, thereafter on the sarne date the City Planning Commission voted to
recommend amending the Oakland Planning Code as set forth below; and
WHEREAS, said amendments to the Oakland Planning Code do not necessitate
amendments to the Master Fee Schedule; and
WHEREAS, said amendments to the Oakland Planning Code are exempt from
environmental review under Section 15282(i), State CEQA Guidelines, other statutory
exemptions; and
WHEREAS, the City Council finds and determines that the public safety, health,
convenience, comfort, prosperity, and general welfare will be furthered by the proposed
amendment; now, therefore a
ORAICOUNCI
'JUL I 5 2003
THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines the foregoing recitals to be true and
correct and hereby makes them a part of this Ordinance.
SECTION 2. The City Council finds and determines that the adoption of this Ordinance
complies with the California Environmental Quality Act.
SECTION 3. This Ordinance shall be effective upon adoption, subject to the provisions of
Section 216 of the Charter of the City of Oakland, but shall not apply to applications for which
currently valid building permits have already been issued or to un-expired zoning applications
approved by the City for which permits have not been issued.
SECTION 4. If any provisions of this Ordinance or application thereof to any person of
circumstances is held invalid, the remainder of this Ordinance and the application of provisions
to other persons or circumstances shall not be affected thereby.
SECTION 5. Section 17.1 1A.020 of the Oakland Planning Code is amended to read as follows:
17.1 1 A.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section-., unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondary Unit, -Tthis
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to any facility in
the S-18 mediated residential design review combining zone, except as set forth in the S-18 zone.
B. Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
I . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof,
3 . Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 6. Section 17.11A.060 (R-1, One-Acre Estate Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17. 1 1 A.060 Permitted facilities.
2
The following facilities, as described in the use classifications in Chapter 17.1 0 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subiect to the vrovisions snecified in Section
17.102.360
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
SECTION 7. Section 17.1 1A.070 (R-1, One-Acre Estate Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.1 1A.070 Conditionally pennitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use perm@it pursuant to the conditional use permit
procedure in Chapter 17.134:
A. RAsid-Astial Faeilities:
One Faniiily Dwelling with SeeendaFy Ur@t, subjeet to the pFevisiens speeified in Seetmi
1:7 Q 1(4p
&A. Signs:
Business
C-. B. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Mini, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Macro
Monopole
SECTION 8. Section 17.11A.100 (R-1, One-Acre Estate Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.1 1A.100 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below. Also applicable are
the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and
the provisions of Section 17.102.300 with respect to dwelling units with five or more bedrooms.
A dwelling stmetufe shall net be poEmitted te ha-ve both an additional kitrhen as pr-e-,tided ger in
Seetion 17.102.270(B) and a seeendafy unit. No residential facility shall be permitted to have
both an additional kitchen as provided for in Section 17.102.270B and a Secondary Unit.
3
A. Permitted Density. One dwelling unit is permitted on each lot. A Secondary Unit may be
permitted, thereby making a total of two dwelling units on the lot, subject to the
provisions of Section 17.102.360.
B. Conditionally Penviitted Density. A seeendaf-y unit may be peffflitled, thereby making
total of t@we dwelling ufits en the let, upeft the gFafitifig ef a eenditietial use peffai
pufstiant to the eenditienal tise peFmit preeedur-e in Chapter 17.134 and the pr@evisiens e
8066811 17.102.3
SECTION 9. Section 17.12.020 (R-10, Estate Residential Zone) of the Oakland Planning Code
is amended to read as follows:
17.12.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondary -Unit, Tthis
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to any facility in
the S-18 mediated residential design review combining zone, except as set forth in the S-I 8 zone.
B. Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
I . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof,
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 10. Section 17.12.060 (R-10, Estate Residential Zone) of the Oakland Planning
Code is amended to read as follows:
17.12.060 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 1 0 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subject to the provisions specified in Section
17.102.360
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
4
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
SECTION 11. Section 17.12.070 (R-10, Estate Residential Zone) of the Oakland Planning
Code is amended to read as follows:
17.12.070 Conditionally permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134:
A. Residential
One Family Dwelling with Seeendary Up@t, subjeet to the standards, eriteria and
eendifiens speeified in Seefien 17.102.360.
B-.A. Signs:
Business
& B. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Mini, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Macro
Monopole
SECTION 12. Section 17.12.100 (R-10, Estate Residential Zone) of the Oakland Planning
Code is amended to read as follows:
17.12. 1 00 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below. Also applicable are
the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and
the provisions of Section 17.102.300 with respect to dwelling units with five or more bedrooms.
A dwelling s4uetffe shall net be pem,,itted to have bath an additional kitehen as provided fer- in-
Seetien 17.102.270(B) and a seeendafy Hnit. No residential facility shall be permitted to have
both an additional kitchen as provided for in Section 17.102.270B and a secondary unit.
A. Permitted Density. One dwelling unit is permitted on each lot. A Secondary Unit may be
permitted, thereby making a total of two dwelling units on the lot, subiect to th
provisions of Section 17.102.360.
B. Conditionally Pemiiaed Density. A seeendafy aftit Faa), be pefffl ... ed, @hereby Fa-e"ng -
total of PA,e dwelling units en the let, upen the gmntifig of a eenditional use penni
pursuant to the eenditional use permit preeedure in Chapter 17.13 4 and the pfevisiefis a
Seetien 17.102.360
SECTION 13. Section 17.14.020 (R-20, Low Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.14.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondary U t Tthis
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to any facility in
the S- 1 8 mediated residential design review combining zone, except as set forth in the S- 1 8 zone.
B. Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
I . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof,
3. Is certified by the City Planning Department to involve only replacernent-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 14. Section 17.14.060 (R-20, Low Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.14.060 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 1 0 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subject to the provisions specified in Section
17.102.360
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.129
SECTION 15. Section 17.14.070 (R-20, Low Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
6
17.14.070 Conditionally permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134:
A. Residential Wgeflities-
One Family Dwelling with Seeendary Unit, subjeet te the standaMs, eritefia an
eenditions speeified in Seetien 17.102.360.
B-.A. Signs:
Business
C-B. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Mini, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Macro
Monopole
SECTION 16. Section 17.14.100 (R-20, Low Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.14. 100 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below. Also applicable are
the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and
the provisions of Section 17.102.300 with respect to dwelling units with five or more bedrooms.
A dwelling swarmufe shall net be penriitted te have beth an addigenal kitehen as pr-eNcided fer ki
Seetien 17.10-2.270(B) and a seeendai=y efit. No residential facility shall be permitted to have
both an additional kitchen as provided for in Section 17.102.270B and a secondaa unit.
A. Permitted Density. One dwelling unit is permitted on each lot. A Secondary Unit may be
Permitted, thereby makiniz a total of two dwelling units on the lot, subiect to the
provisions of Section 17.102.360.
B. Conditionally PeHnit4ed Density. A seeendary tmit may be pefmit4ed, thereby InalF41-
tetal of twe dwelling ufits on the let, upon the gF
pufstiant to the eenditienal as@ pem,,it pr-eeedure in Chapter 17.134 and the provisions e
Serstion 17.102.360,
SECTION 17. Section 17.16.020 (R-30, One-Family Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.16.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondpa Unit Phis
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to any facility in
the S-18 mediated residential design review combining zone, except as set forth if) the S-18 zone.
7
B. Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
I . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof-,
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 18. Section 17.16.060 (R-30, One-Family Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.16.060 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 10 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subiect to the provisions specified in Section
17.102.360
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
SECTION 19. Section 17,16.070 (R-30, One-Family Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.16.070 Conditionally permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134:
A. Residential Fasilities:
One Family Dwelling with Seeendafy UF&, subjeet to the standards, eritefia and
eenditions speraified in SeetioR 17.102.360.
B-.A. Signs:
Business
C-. B. Telecommunications Facilities:
8
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Mini, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Macro
Monopole
SECTION 20. Section 17.16.100 (R-30, One-Family Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.16. 1 00 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below. Also applicable are
the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and
the provisions of Section 17.102.300 with respect to dwelling units with five or more bedrooms.
A dwelling stpaetffe shall not be peFmitted te have both aa additienal kitehen as provided fef-in
Seetion 17.102.27@(B) and a seeendary unit. No residential facility shall be Rermitted to have
both an additional kitchen as provided for in Section 17.102.270B and a secondary unit.
A. Permitted Density. One dwelling unit is permitted on each lot. A Secondary Unit may be
permitted, thereby making a total of two dwelling units on the lot, subiect to the
provisions of Section 17.102.360.
B. Genditionally PeEmitted Density. A seeendavy unit may be penrii#ed, thereby making
teW of twe dwelling units oft the let, upon the granting of a eenditiefial use peFffli
puEsuant to the eenditienal use peEmit preeedure in Chapter- 17.134 and the preN,isiens e
Seetien 17.102.360,
SECTION 21. Section 17.18.020 (R-35, Special One-Family Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.18.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondary Unit T-!hls
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to any facility in
the S- 1 8 mediated residential design review combining zone, except as set forth in the S- 1 8 zone.
B . Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
I . Does not require a building penuit;
2. Involves only the repair or replacement-in-kind of a roof,
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
9
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 22. Section 17.18.060 (R-35, Special One-Family Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.18.060 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 1 0 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with SecondM Unit, subiect to the provisions specified in Section
17.102.360
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.129
SECTION 23. Section 17.18.070 (R-35, Special One-Family Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.18.070 Conditionally permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134:
A. Residential Facilities:
Ofte Family Dwelling with Seeendai@y Unit, subjeet te the standards, eriteria and
eenditions speeified in.Seetien 17.102.360.
Two-Family Dwelling
B. Signs:
Business
C. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Mini, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Macro
Monopole
SECTION 24. Section 17.18.100 (R-35, Special One-Family Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.18. I 00 Maximum residential density.
10
The maximum density of Residential Facilities shall be as set forth below. Also applicable are
the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and
the provisions of Section 17.102.300 with respect to dwelling units with five or more bedrooms.
No residential facility shall be permitted to have both an additional kitchen as provided for i
Section 17.102.27013 and a secondary unit.
A. Permitted Density. One dwelling unit is permitted on each lot. A SecondM Unit may be
permitted, thereby making a total of two dwelling units on the lot, subject to the
provisions of Section 17.102.360.
B. Conditionally Permitted Density. A total of two dwelling units may be permitted on any
lot which has five thousand (5,000) square feet or more of lot area, or on any lot which
has four thousand (4,000) to four thousand nine hundred ninety-nine (4,999) square feet
of lot area and qualifies under Section 17.106.010 as an existing buildable parcel, upon
the granting of a conditional use permit pursuant to the conditional use permit procedure
in Chapter 17.134. On lots less than Camf thousand (4,900) squEffe feet in size an&er- less
than fei4y five (45) feet in width a seeendaFy unit may be pefmiaed, thereby making -a
tet-al of AvA divelling units an the let, upen the granting of a eenditieftal Use peRRit
pufstiant te Lhe eendifienal use peFmit preeedufe in Chapter 17.134, eBd subjeet to th
pennit standards, eriteria and eenditions speeified in Seetion 17.102.360.
SECTION 25. Section 17.20.020 (R-36, Small Lot Residential Zone) of the Oakland Planning
Code is amended to read as follows:
17.20.020 Design review for construction or alteration.
No building, Sign, or other facility other than a new Secondaa Unit shall be constructed or
established, or altered or painted a new color in such a manner as to affect exterior appearance
unless plans for such proposal shall have been approved pursuant to the design review procedure
in Chapter 17.136 and the provisions of Section 17.20.070, or for Micro Telecommunications
Facilities pursuant to the telecommunications regulations in Chapter 17.129 and the design
review procedure in Chapter 17.136. However, design review approval is not required for Realty
Signs, Development Signs, holiday decorations, and displays behind a display window; and it is
not required, except as otherwise provided in Section 17.114.1 1 OC, for mere changes of copy,
including cutouts, on Signs the customary use of which involves frequent and periodic changes
ofcopy.
SECTION 26. Section 17.20.025 (R-36, Small Lot Residential Zone) is added to the Oakland
Planning Code to read as follows:
17.20.025 Special residential design review for Secondary Units.
No Secondary Unit shall be constructed or established unless plans for the proposal have bee
approved pursuant to the special residential design review procedure in Chawer 17.146.
SECTION 27. Section 17.20.050 (R-36, Small Lot Residential Zone) of the Oakland Planning
Code is amended to read as follows:
17.20.050 Perinitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 1 0 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subject to the provisions specified in Section
17.102.360
Two-Family Dwelling
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
SECTION 28. Section 17.20.060 (R-36, Small Lot Residential Zone) of the Oakland Planning
Code is amended to read as follows:
17.20.060 Conditionally permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134:
A. Residential Facilities:
Multi-family Dwelling
One Family Dwelling with Secondary Up@t, subjeet to the standards, eriteria and
eonditiens speeified in Seetion 17.102.360.
B. Signs:
Business
C. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Mini, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Macro
Monopole
SECTION 29. Section 17.20. 1 00 (R-36, Small Lot Residential Zone) of the Oakland Planning
Code is amended to read as follows:
17.20. 1 00 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below. Also applicable are
the provisions of Section t7.102.270 with respect to additional kitchens for a dwelling unit, and
the provisions of Section 17.102.300 with respect to dwelling units with five or more bedrooms.
No residential facility shall be permitted to have both an additional kitchen as provided for in
Section 17.102.270B and a 6Secondary tiUni., as pr-evided feF in subseetion (B)(!) ef this
seetie .
A. Permitted Density. The nurnbers of dwelling units indicated in the following table are
permitted on the lots of the specified sizes:
12
Total Lot Area Permitted Total Number of Dwelling Units
Less than 4,000 square feet, but only in the One dwelling unit or one dwelling unit with
case of a lot which qualifies under Section one Secondary Unit, subject to the provisions
17.106.01 0 as an existing buildable parcel. si3ecified in Section 17.102.360.
4,000-4,999 square feet, but only in the case Two dwelling units.
of a lot that qualifies under Section 17.106.010
as an existing buildable parcel.
5,000 or more square feet. Two dwelling units.
B. Conditionally Permitted Density.
i . bets Less Than Feuf Thousand (4,000) Squafe Feet in Size an&er FoAy Five (4 5) Feet-in
Width. A seeendaFy unit may be pennitted, thereby makiag a total of twe dwelling Unit
en the let, upen the granting of a eenditienal Hse peFmit pufsuafit to the eenditional use
pemiJit pr-eeedufe in Chapter 17.134, and s*eet to all the standards, ariteria and-
eenditions speeified in Seetion 17.102.360.
2. bets Exeeeding Fetif Thousand (4,000) Squafe Feet. A total of three or more Residential
Facilities may be permitted on a lot, upon the granting of a conditional use permit
pursuant to the conditional use permit procedure in Chapter 17.134, if the total area is not
less than two thousand five hundred (2,500) square feet for each dwelling unit. In such
developments, no more than two dwelling units may be contained in a single residential
facility in situations where One-Family and Two-Family Dwellings predominate within
the block containing the subject site. No limitations on the number of units which may be
contained in a Multifamily Facility is prescribed in situations where similar Multifamily
Dwellings predominate within the block containing the subject site. The number of
dwelling units may also be increased, as prescribed in Section 17.106.060, in certain
special housing.
SECTION 30. Section 17.22.020 (R-40, Garden Apartment Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.22.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondary U t Tthis
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to any facility in
the S-I 8 mediated residential design review combining zone, except as set forth in the S-18 zone.
B. Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
13
I . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof,
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 31. Section 17.22.070 (R-40, Garden Apartment Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.22.070 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 1 0 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Farnily Dwelling with Secondm Unit, subject to the provisions mecified. in Section
17.102.360
Two-Family Dwelling
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
SECTION 32. Section 17.22.080 (R-40, Garden Apartment Residential Zone) of the Oakland
Planning Code is amended to read as follows;
17.22.080 Conditionally permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134:
A. Residential Facilities:
One Family Pwelling with Seeendai:y Ur@t, subjeet to the standards, eriteria and
eanditions speeified in Seetion 17.102.360.
Multi-family Dwelling
B. Signs:
Business
C. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Mini, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Macro
14
Monopole
SECTION 33. Section 17.22.1 1 0 (R-40, Garden Apartment Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.22.1 10 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below. Also applicable are
the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and
die provisions of Section 17.102.300 with respect to dwelling units with five or more bedrooms.
No residential facility shall be vermitted to have both an additional kitchen as provided for in
Section 17.102.27013 and a Secondary Unit.
A. Permitted Density. The numbers of dwelling units indicated in the following table are
permitted on the lots of the specified sizes:
Total Lot Area Permitted Total Number of Dwelling Units
Less than 4,000 square feet, but only in the One dwelling unit or one dwelling unit with
case of a lot which qualifies under Section one Secondary Unit, subject to the provisions
17.106.010 as an existing buildable parcel. specified in Section 17.102.360.
4,000--4,999 square feet, but only in the case Two dwelling units.
of a lot that qualifies under Section 17.106.010
as an existing buildable parcel.
5,000 or more square feet. Two dwelling units.
B. Conditionally Permitted Density. A total of three or more dwelling units may be
permitted on a lot, upon the granting of a conditional use permit pursuant to the
conditional use permit procedure in Chapter 17.134, if the total lot area is not less than
two thousand five hundred (2,500) square feet for each dwelling unit. On lets less th
four thousand (4,000) squue feet in size andler less than fefty five (45) feet in 'A4dth
seeefidai-y unit may be peffnitted, thereby making a tetal of twe dwelling Units en the let;
upen the granting of a eendifional use pefmit puEsuant to the eenditional use penni
pr-eeedufe in Chapter 17.134, and subjeet te the peEmit standards, eritefia edid eenditien
speeified in Seetion 17.102.360. The number of living units may also be increased, as
prescribed in Section 17.106.060, in certain special housing.
SECTION 34. Section 17.24.020 (R-50, Medium Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.24.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondary Umt Phis
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
1 5
apply to any facility containing both residential and nonresidential activities or to any facility in
the S-18 mediated residential design review combining zone, except as set forth in the S-18 zone.
B. Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
1 . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof,
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 35. Section 17.24.070 (R-50, Medium Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.24.070 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 1 0 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subiect to the provisions specified in Section
17.102.360
Two-Family Dwelling
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
SECTION 36. Section 17.24.080 (R-50, Medium Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.24.080 Conditionally permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134:
A. Residential Facilities:
One Family Dwelling with Seeendafy Unit, subjest to the standards, eriteria and
eenditions speeified in Seetion 17.102.360.
16
Multi-family Dwelling
B. Signs:
Business
C. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Mini, except as provided in Chapter 17.128 and Section 17.134.020(A)(23)
Macro
Monopole
SECTION 37. Section 17.24.110 (R-50, Medium Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.24.1 10 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below. Also applicable are
the provisions of Section 17.102.270 with respect to additional kitchens for a dwelling unit, and
the provisions of Section 17.102.300 with respect to dwelling units with five or more bedrooms.
No residential facility shall be verniitted to have both an additional kitchen as provided for in
Section 17.102.270B and a Secondaa Unit.
A. Permitted Density. The numbers of dwelling units indicated in the following table are
permitted on the lots of the specified sizes:
Total Lot Area Permitted Total Number of Dwelling Units
Less than 4,000 square feet, but only in the One dwelling unit or one dwelling unit with
case of a lot which qualifies under Section one Secondary Unit, subiect to the provisions
17.106.010 as an existing buildable parcel. specified in Section 17.102.360.
4,000 or more square feet. Two dwelling units or one dwelling unit with
one Secondary Unit, subiect to the provisions
ection 17.102.360.
B. Conditionally Permitted Density. On lots of the following sizes, the number of dwelling
units allowed by subsection A of this section may be increased to not to exceed that
indicated in the following table upon the granting of a conditional use permit pursuant to
the conditional use permit procedure in Chapter 17.134:
Total Lot Area Permitted Total Number of Dwelling Units
4,500-4,999 square feet. Three dwelling units.
5,000-6,999 square feet. Four dwelling units.
7,000--9,499 square feet. Five dwelling units.
8,500-9,999 square feet. Six dwelling units.
I 0,000 or more square feet. One dwelling unit for each 1,500 square feet of
total lot area, provided that an extra dwelling
unit may be permitted if a remainder of 1,000
square feet or more is obtained after division of
the total lot area by 1,500 square feet.
On lets less than four thousand (4,000) squam feet in size andler less than fi", &"e (45) feet in
width a seeendai@y uiiiit may be pefmitted, ther-eby making a tetal of twe dwelling units on the4o@,
1 7
upon the gfanting ef a eenditional use pemit pufstiant to the eenditional tise peff"lit preeedtif&-ifl
Chapter 17.19 4, and std@ eet to the penuit standaf4s, eriteria and eendkiefis speeified in Seetien
17.102.360.
The number of living units may also be increased, as prescribed in Section 17.106.060, in certain
special housing.
SECTION 38. Section 17.26.020 (R-60, Medium-High Density Residential Zone) of the
Oakland Planning Code is amended to read as follows:
17.26.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondary Unit TNs
requirement shall not apply to any R esidential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to any facility in
the S- 1 8 mediated residential design review combining zone, except as set forth in the S- 1 8 zone.
B . Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
I . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof,
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 39. Section 17.26.070 (R-60, Medium-High Density Residential Zone) of the
Oakland Planning Code is amended to read as follows:
17.26.070 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 1 0 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subject to the provisions specified in Section
17.102.360
Two-Family Dwelling
Multifamily Dwelling
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
19
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
SECTION 40. Section t7.26.110 (R-60, Medium-High Density Residential Zone) of the
Oakland Planning Code is amended to read as follows:
17.26.1 10 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below, subject to the
provisions of Section 17.106.030 with respect to maximum density on lots containing both
Residential and Nonresidential Facilities. Also applicable are the provisions of Section
17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section
17.102.300 with respect to dwelling units with five or more bedrooms. No residential facility
shall be permitted to have both an additional kitchen as provided for in Section 17.102.270B an
a Secondary Unit.
A. Basic Density. One regular dwelling unit is pen-nitted for each eight hundred (900) square
feet of lot area, provided that one extra such unit is permitted if a remainder of five hundred fifty
(550) square feet or more is obtained after division of the lot area by eight hundred (800) square
feet. One efficiency dwelling unit is permitted for each five hundred fifty (550) square feet of lot
area, provided that one extra such unit is permitted if a remainder of four hundred (400) square
feet or more is obtained after division of the lot area by five hundred fifty (550) square feet. The
maximum number of rooming units shall be one for each four hundred (400) square feet of lot
area, plus one extra such unit if a remainder of two hundred seventy-five (275) square feet or
more is obtained after division of the lot area by four hundred (400) square feet. For a
combination of different types of living units, the total required lot area shall be the sum of the
above requirements for each. The number of living units allowed heretofore may be exceeded by
ten percent on any comer lot, and may also be exceeded by ten percent on any lot which faces or
abuts a public park at least as wide as the lot. A One-Family Dwelling or a One-Family
Dwelling with Secondary Unit is permitted on any lot which qualifies under Section 17.106.010
as an existing buildable parcel and that contains no other dwelling units.
B. Density Bonuses. The number of living units allowed by subsection A of this section may
be increased by not to exceed fifty (50) percent upon the acquisition of development rights from
nearby lots and the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134, subject to the provisions of Section 17.106.050. The number of
living units may also be increased, as prescribed in Section 17.106.060, in certain special
housing.
SECTION 41. Section 17.28.020 (R-70, High Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.28.020 Special residential design review for projects with one or two units on a lot.
A. General. ff a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
19
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondary Unit, Tthis
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to any facility in
the S- 1 8 mediated residential design review combining zone, except as set forth in the S- 1 8 zone.
B. Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
I . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof-,
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 42. Section 17.28.070 (R-70, High Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
17.28.070 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 1 0 are permitted:
A. Residential Facilities:
One-Farnily Dwelling
One-Family Dwelling with Secondary Unit, subiect to the provisions Mecified in Section
17.102.360
Two-Family Dwelling
Multifamily Dwelling
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
SECTION 43. Section 17.28.120 (R-70, High Density Residential Zone) of the Oakland
Planning Code is amended to read as follows:
20
17.28.120 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below, subject to the
provisions of Section 17.106.030 with respect to maximum density on lots containing both
Residential and Nonresidential Facilities. Also applicable are the provisions of Section
17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section
17.102.300 with respect to dwelling units with five or more bedrooms. No residential facility
shall be permitted to have both an additional kitchen as provided for in Section 17.102.270B and
a Secondary Unit.
A. Basic Density. One regular dwelling unit is permitted for each four hundred fifty (450)
square feet of lot area, provided that one extra such unit is permitted if a remainder of three
hundred (300) square feet or more is obtained after division of the lot area by four hundred fifty
(450) square feet. One efficiency dwelling unit is permitted for each three hundred (300) square
feet of lot area, provided that one extra such unit is permitted if a remainder of two hundred
twenty-five (225) square feet or more is obtained after division of the lot area by three hundred
(300) square feet. The maximum number of rooming units shall be one for each two hundred
twenty-five (225) square feet of lot area, plus one extra such unit if a remainder of one hundred
fifty (150) square feet or more is obtained after division of the lot area by two hundred twenty-
five (225) square feet. For a combination of different types of living units, the total required lot
area shall be the sum of the above requirements for each. The number of living units allowed
heretofore may be exceeded by ten percent on any comer lot, and may also be exceeded by ten
percent on any lot which faces or abuts a public park at least as wide as the lot. A One-Faniil
Dwelling or a One-Family Dwelling with Secondary Unit is permitted on any lot which qualifies
under Section 17.106.010 as an existing buildable parcel and that contains no other dwellin
units.
B. Density Bonuses. The number of living units allowed by subsection A of this section may
be increased by not to exceed fifty (50) percent upon the granting of a conditional use permit
pursuant to the conditional use permit procedure in Chapter 17.134, in each of the following
situations:
1. In the case of a Residential Facility with more than four stories containing living units,
subject to the provisions of Section 17.106.040;
2. Upon the acquisition of development rights from nearby lots, subject to the provisions of
Section 17.106.050.
The number of living units may also be increased, as prescribed in Section 17.106.060, in certain
special housing.
SECTION 44. Section 17.30.020 (R-80, High-Rise Apartment Residential Zone) of the
Oakland Planning Code is amended to read as follows:
17.30.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondau U t Tthis
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
21
apply to any facility containing both residential and nonresidential activities or to any facility in
the S- 18 mediated residential design review combining zone, except as set forth in the S-18 zone.
B. Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
1 . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof,
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 45. Section 17.30.070 (R-80, High-Rise Apartment Residential Zone) of the
Oakland Planning Code is amended to read as follows:
17.30.070 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 1 0 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subject to the provisions specified in Section
17.102.360
Two-Family Dwelling
Multifamily Dwelling
Rooming House
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.129
SECTION 46. Section 17.30.140 (R-80, High-Rise Apartment Residential Zone) of the
Oakland Planning Code is amended to read as follows:
17.30.140 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below, subject to the
provisions of Section 17.106.030 with respect to maximum density on lots containing both
Residential and Nonresidential Facilities. Also applicable are the provisions of Section
17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section
22
17.102.300 with respect to dwelling units with five or more bedrooms. No residential facility
shall be permitted to have both an additional kitchen as provided for in Section 17.102.27013 and
a Secondary Unit.
A. Permitted Density. One regular dwelling unit is permitted for each three hundred (300)
square feet of lot area, provided that one extra such unit is permitted if a remainder of two
hundred (200) square feet or more is obtained after division of the lot area by three hundred
(300) square feet. One efficiency dwelling unit is permitted for each two hundred (200) square
feet of lot area, provided that one extra such unit is permitted if a remainder of one hundred fifty
(150) square feet or more is obtained after division of the lot area by two hundred (200) square
feet. One rooming unit is permitted for each one hundred fifty (150) square feet of lot area,
provided that one extra such unit is permitted if a remainder of one hundred (I 00) square feet or
more is obtained after division of the lot area by one hundred fifty (150) square feet. For a
combination of different types of living units, the total required lot area shall be the sum of the
above requirements for each. The number of living units permitted heretofore may be exceeded
by ten percent on any comer lot, and may also be exceeded by ten percent on any lot which faces
or abuts a public park at least as wide as the lot. A One-Family Dwelling or a One-Family
Dwelling with Secondary Unit is permitted on any lot which qualifies under Section 17.106.010
as an existing buildable parcel and that contains no other dwelling units.
B. Conditionally Permitted Density. The number of living units permitted by subsection A
of this section may be increased by not to exceed fifty (50) percent upon the granting of a
conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, in
each of the following situations:
1. In the case of a Residential Facility with more than four stories containing living units,
subject to the provisions of Section 17.106.040;
2. Upon the acquisition of development rights from nearby lots, subject to the provisions of
Section 17.106.050.
The number of living units may also be increased, as prescribed in Section 17.106.060, in certain
special housing.
SECTION 47. Section 17.32.020 (R-90, Downtown Apartment Residential Zone) of the
Oakland Planning Code is amended to read as follows:
17.32.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Exc%pt in the case of a Secondary Unit, -Tthis
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to any facility in
the S- 1 8 mediated residential design review combining zone, except as set forth in the S- 1 8 zone.
B. Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
23
I Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof;
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 48. Section 17.32.070 (R-90, Downtown Apartment Residential Zone) of the
Oakland Planning Code is amended to read as follows:
17.32.070 Permitted facilities.
The following facilities, as described in the use classifications in Chapter 17. 1 0 are permitted:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subiect to the provisions specified in Section
17.102.360
Two-Family Dwelling
Multifamily Dwelling
Rooming House
B. Nonresidential Facilities:
Enclosed
Open
C. Signs:
Residential
Special
Development
Realty
Civic
D. Telecommunications Facilities:
Micro, except as provided in Chapter 17.128
Mini, except as provided in Chapter 17.128
SECTION 49. Section 17.32.140 (R-90, Downtown Apartment Residential Zone) of the
Oakland Planning Code is amended to read as follows:
17.32.140 Maximum residential density.
The maximum density of Residential Facilities shall be as set forth below, subject to the
provisions of Section 17.106.030 with respect to maximum density on lots containing both
Residential and Nonresidential Facilities. Also applicable are the provisions of Section
17.102.270 with respect to additional kitchens for a dwelling unit, and the provisions of Section
17.102.300 with respect to dwelling units with five or more bedrooms. No residential facility
shall be i)ermitted to have both an additional kitchen as provided for in Section 17.102.270B and
a Secondary Unit.
A. Permitted Density. One regular dwelling unit is permitted for each one hundred fifty
(I 50) square feet of lot area, provided that one extra such unit is permitted if a remainder of one
hundred (100) square feet or more is obtained after division of the lot area by one hundred fifty
(150) square feet. One efficiency dwelling unit is permitted for each one hundred (100) square
24
feet of lot area, provided that one extra such unit is permitted if a remainder of seventy-five (75)
square feet or more is obtained after division of the lot area by one hundred (100) square feet.
One rooming unit is permitted for each seventy-five (75) square feet of lot area, provided that
one extra such unit is permitted if a remainder of fifty (50) square feet or more is obtained after
division of the lot area by seventy-five (75) square feet. For a combination of different types of
living units, the total required lot area shall be the sum of the above requirements for each. The
number of living units permitted heretofore may be exceeded by ten percent on any comer lot,
and may also be exceeded by ten percent on any lot which faces or abuts a public park at least as
wide as the lot. A One-Family Dwelling or a One-Family Dwelling with Secondary Unit is
permitted on any lot which qualifies under Section 17.106.010 as an existing buildable parcel
and that contains no other dwelling units.
B. Conditionally Permitted Density. The nurnber of living units permitted by subsection A
of this section may be increased by not to exceed fifty (50) percent upon the acquisition of
development rights from nearby lots and the granting of a conditional use permit pursuant to the
conditional use permit procedure in Chapter 17.134, subject to the provisions of Section
17.106.050. The number of living units may also be increased, as prescribed in Section
17.106.060, in certain special housing.
SECTION 50. Section 17.34.020 (C-5, Neighborhood Commercial Zone) of the Oakland
Planning Code is amended to read as follows:
17.34.020 Design review for construction or alteration.
No building, Sign, or other facility, other than a Secondga Unit, shall be constructed or
established, or altered or painted a new color in such a manner as to affect exterior appearance
unless plans for such proposal shall have been approved pursuant to the design review procedure
in Chapter 17.136, or for Micro Telecommunications Facilities pursuant to the
telecommunications regulations in Chapter 17.128 and the design review procedure in Chapter
17.136. However, design review approval is not required for Realty Signs, Development Signs,
holiday decorations, and displays behind a display window; and it is not required, except as
otherwise provided in Section 17.114.1 1 OC, for mere changes of copy, including cutouts, on
signs the customary use of which involves frequent and periodic changes of copy.
SECTION 51. Section 17.34.025 (C-5, Neighborhood Commercial Zone) is added to the
Oakland Planning Code to read as follows:
17.34.025 Special residential design review for Secondary Units.
No Secondary Unit shall be constructed or established unless plans for the proposal have been
approved pursuant to the Mecial residential desilzn review procedure in Chqpter 17.146.
SECTION 52. Section 17.34.060 (C-5, Neighborhood Commercial Zone) of the Oakland
Planning Code is amended to read as follows:
17.34.060 Conditionally permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134:
A. Residential Facilities:
25
One-Family Dwelling with Secondary Unit, subject to the provisions standards, eriter-i
and eenditions specified in Section 17.102.360.
B. Nonresidential Facilities:
Open, limited to the following:
Off-street parking and loading facilities
Open-air dining facilities
Parks and plazas
C. Telecommunications Facilities:
Mini
Macro
Monopole
SECTION 53. Section 17.36.020 (C-10, Local Retail Commercial Zone) of the Oakland
Planning Code is amended to read as follows:
17.36.020 Special residential design review for projects with one or two units on a lot.
A. General. If a project involves or results in one or two dwelling units on a lot, no
Residential Facility shall be constructed or established, or altered as set forth in subsection B of
this section, unless plans for the proposal have been approved pursuant to the special residential
design review procedure in Chapter 17.146. Except in the case of a Secondpa Unit, T-this
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to any facility in
the S-18 mediated residential design review combining zone, except as set forth in the S-18 zone.
B. Criteria for Altered Residential Facilities. Proposals to alter Residential Facilities shall be
subject to the requirements set forth in subsection A of this section, if such alterations result in a
dwelling unit being added to an existing Residential Facility or if they involve changes that
affect exterior appearance. A proposal will be exempt from this requirement if it does not involve
the addition of a dwelling unit and if it:
I . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof;
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the Planning Department: (a) to involve an increase or decrease in wall
area, floor area, or footprint of no more than ten percent, (b) that all exterior treatment matches
the existing building.
SECTION 54. Section 17.36.070 (C-10, Local Retail Commercial Zone) of the Oakland
Planning Code is amended to read as follows:
17.36.070 Conditionally perraitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134:
A. Residential Facilities:
26
One-Family Dwelling with Secondary Unit, subject to the provisions staHdEffds, efiteri
And esnditions specified in Section 17.1021.360.
B. Nonresidential Facilities:
Open
Drive-In
C. Telecommunications Facilities:
Mini
Macro
Monopole
SECTION 55. Section 17.38.020 (C-20, Shopping Center Commercial Zone) of the Oakland
Planning Code is amended to read as follows:
17.38.020 Design review for construction or alteration.
No building, Sign, or other facilitv, other than a Secondary Unit shall be constructed or
established, or altered or painted a new color in such a manner as to affect exterior appearance
unless plans for such proposal shall have been approved pursuant to the design review procedure
in Chapter 17.136, or for Micro Telecommunications Facilities pursuant to the
telecommunications regulations in Chapter 17.128 and the design review procedure in Chapter
17.136.
SECTION 56. Section 17.38.025 (C-20, Shopping Center Commercial Zone) is added to the
Oakland Planning Code to read as follows:
17.38.025 Special residential design review for Secondary Units.
No SecondM Unit shall be constructed or established unless plans for the Proposal have bee
approved pursuant to the special residential design review procedure in Chawer 17.146.
SECTION 57. Section 17.39.060 (C-20, Shopping Center Commercial Zone) of the Oakland
Planning Code is amended to read as follows:
17.38.060 Conditionally permitted facilities.
The following facilities, as described in the use classifications in Chapter 17.10, may be
permitted upon the granting of a conditional use permit pursuant to the conditional use permit
procedure in Chapter 17.134:
A. Residential Facilities:
One-Family Dwelling
One-Family Dwelling with Secondary Unit, subject to the provisions standards, eariteri
aed eenditions specified in Section 17.102.360.
Two-Family Dwelling
Multi-Family Dwelling
B. Nonresidential Facilities:
Open
Drive-In
Drive-Through
C. Signs:
Residential
D. Telecommunications Facilities:
27
Mini
Macro
Monopole
SECTION 58. Section 17.80.030 (S-4, Design Review Combining Zone) of the Oakland
Planning Code is amended to read as follows:
17.80.030 Design review for construction or alteration.
fn the S-4 zone no building, Sign, or other facility other than a new Secondary Unit shall be
constructed or established, or altered or painted a new color in such a manner as to affect exterior
appearance, unless plans for such proposal shall have been approved pursuant to the design
review procedure in Chapter 17.136.
SECTION 59. Section 17.80.040 (S-4, Design Review Combining Zone) is added to the
Oakland Planning Code to read as follows:
17.80.040 Special residential design review for Secondary Units.
No Secondwy Unit shall be constructed or established unless plans for the proposal have been
gpproved pursuant to the special residential design review procedure in Chapter 17.146.
SECTION 60. Section 17.84.030 (S-7, Preservation Combining Zone) of the Oakland Planning
Code is amended to read as follows:
17.84.030 Design review for construction, alteration, demolition, or removal.
In the S-7 zone no building, Sign, or other facility other than a new SecondM Unit shall be
constructed or established, or altered or painted a new color in such a manner as to affect exterior
appearance, and no structure or portion thereof shall be demolished or removed, unless such
proposal shall have been approved pursuant to the design review procedure in Chapter 17.136
and the applicable provisions of Sections 17.84.040, 17.84.050, and 17.84.060. However, after
notice to the Director of City Planning, demolition or removal of a structure or portion thereof
shall be permitted without such approval upon a determination by the Inspectional Services
Department, the Housing Conservation Division, their respective appeals boards, or the City
Council that immediate demolition is necessary to protect the public health or safety, or after
expiration of the periods of postponement referred to in Section 17.84.060. Whenever it is
proposed that demolition or removal be followed within a reasonable period of time by new
construction, review of the new construction shall take place in conjunction with review of the
demolition or removal.
SECTION 61. Section 17.84.035 (S-7, Preservation Combining Zone) is added to the Oakland
Planning Code to read as follows:
17.84.035 Special residential design review for Secondary Units.
No Secondary Unit shall be constructed or established unless plans for the proposal have been
approved pursuant to the special residential design review procedure in Chapter 17.146.
SECTION 62. Section 17.90.030 (S-10, Scenic Route Combining Zone) of the Oakland
Planning Code is amended to read as follows:
28
17.90.030 Design review for construction or alteration.
In the S-10 zone no building, Sign, or other facility other than a new Secondary Uni shall be
constructed or established, or altered in such a manner as to affect exterior appearance, unless
plans for such proposal shall have been approved pursuant to the design review procedure in
Chapter 17.136 and the provisions of Section 17.90.050. However, design review approval is not
required for Realty Signs, Development Signs, holiday decorations, and displays behind a
window; and it is not required, except as otherwise provided in Section 17.114.1 1 OC, for mere
changes of copy, including cutouts, on Signs the customary use of which involves frequent and
periodic changes of copy.
SECTION 63. Section 17.90.035 (S-10, Scenic Route Combining Zone) is added to the
Oakland Planning Code to read as follows:
17.90.035 Svecial residential desim review for Secondary Units.
No Secondary Unit shall be constructed or established unless plans for the proposal have been
gpproved pursuant to the special residential design review procedure in Chapter 17.146.
SECTION 64. Section 17.92.030 (S-11, Site Development and Design Review Combining
Zone) of the Oakland Planning Code is amended to read as follows:
17.92.030 Site development and design review for construction or alteration.
In the S-1 I zone no building, Sign, or other facility other than a new Secondary Uni shall be
constructed or established, or altered in such a manner as to affect exterior appearance, unless
plans for such proposal shall have been approved pursuant to the site development and design
review procedure in Chapter 17.142 and the provisions of Section 17.92.050. However, site
development and design review approval is not required for Realty Signs, Development Sgns,
holiday decorations, and displays behind a window; and it is not required, except as otherwise
provided in Section 17.114.110C, for mere changes of copy, including cutouts, on Signs, the
customary use of which involves frequent and periodic changes of copy.
SECTION 65. Section 17.92.035 (S-1 1, Site Development and Design Review Combining
Zone) is added to the Oakland Planning Code to read as follows:
17.92.035 Special residential design review for Secondary Units.
No Secondary Unit shall be constructed or established unless plans for the proposal have been
gpproved pursuant to the special residential design review procedure in Chgpter 17.146.
SECTION 66. Section 17.94.030 (S-12, Residential Parking Combining Zone) of the Oakland
Planning Code is amended to read as follows:
17.94.030 Activities to which S-12 zone regulations apply.
The driveway regulations set forth in Section 17.94.080, the on-street parking regulations set
forth in Section 17.94.100, and the related review and approval by the City Traffic Engineer set
forth in Section 17.94.120, shall apply to all activities located in the S-12 zone. All other
provisions of the S-12 zone shall apply only to Residential Activities located in the S-12 zone
and occupying any One-Family Dwelling, One-Family Dwelling with Secondary Unit, Two-
29
Family Dwelling, or Multifamily Dwelling Residential Facility. The off-street parking
requirements of all other activities located in the S-12 zone shall be as set forth in Chapter
17.116.
SECTION 67. Section 17.94.040 (S-12, Residential Parking Combining Zone) of the Oakland
Planning Code is amended to read as follows:
17.94.040 Off-street parking regulations-- Residential Activities.
Except as otherwise provided in Sections 17.116.020 and 17.116.030, and subject to the
calculation rules set forth in Section 17.116.050, the following amounts of off-street parking are
required for all Residential Activities located in the S-12 zone and occupying any One-Family
Dwelling, One-Family Dwelling with Secondary Unit, Two-Family Dwelling, or Multifamily
Dwelling Residential Facility. Such required parking shall be developed and maintained pursuant
to the provisions of Section 17.94.050 through 17.94.090, unless an alternate parking layout is
approved pursuant to Section 17.94.1 10. The special exceptions to parking requirements set forth
in Section 17.116.1 10 shall not apply in the S-12 zone.
A. Basic Requirement. One off-street parking space shall be provided for each three habitable
rooms in the facility, as determined in accordance with Section 17.102.280 and rounded to a
whole number in accordance with the rules of Section 17.116.050, or the same number of spaces
as required by the underlying base zone pursuant to Section 17.116.060 without regard to the
provisions of the S-12 regulations, whichever is greater. Such parking shall be designated and
permanently maintained for the use of residents of the facility.
B. Visitor Parking. Where the basic requirement of subsection A of this section is five spaces or
more, an additional 0.2 spaces shall be provided for each dwelling unit in the facility, rounded to
a whole number in accordance with the rules of Section 17.116.050. Such parking spaces shall be
designated and permanently maintained for the use of visitors of the facility.
C. Handicapped Parking. Handicapped parking spaces shall be provided pursuant to the
provisions of the California State Accessibility Standards contained in Parts 2, 3, and 5 of Title
24 of the California Administrative Code. Such spaces shall count towards the requirements of
subsections A and B of this section, and shall not be in addition to those requirements.
SECTION 68. Section 17.94.060 (S-12, Residential Parking Combining Zone) of the Oakland
Planning Code is amended to read as follows:
17.94.060 Parking spaces.
The requirements of this section shall apply only to Residential Activities located in the S-12
zone and occupying any One-Family Dwelling, One-Farnily Dwelling with Secondary Unit.
Two-Family Dwelling, or Multifamily Dwelling Residential Facility, and supersede the parking
space dimensions set forth in Section 17.116.200 and the tandem space requirements set forth in
Section 17.116.240.
A. Types of Parking Spaces and Dimensions. Four types of parking spaces are defined for
required parking in the S- 12 zone: regular, intermediate, compact, and handicapped. Such spaces
shall have the minimum dimensions set forth below, measured in feet.
All Parking Except Parallel Parking
I Parallel
Type of Parking Space Lengh Width Length Width
30
Regular 18 8 1 2 22 8
Intermediate 16 1/2 8 20 1/2 7 1/2
Compact 15 7 1/2 19 7
Handicapped As set forth in the California State Accessibility
Standards contained in Parts 2, 3, and 5 of Title 24 of the
California Administrative Code.
B. Mixture of Parking Space Types. Up to fifly (50) percent of the required parking spaces
may be compact spaces, provided that at least fifty (50) percent of the required spaces are regular
and/or handicapped spaces. Alternatively, when five or more parking spaces are required, up to
seventy-five (75) percent of the required spaces may be intermediate spaces, provided that if any
required spaces are compact spaces, an equal or greater number of the required spaces shall be
regular and/or handicapped spaces. The requirements of this subsection shall apply separately to
the parking spaces required by Section 17.94.040A and to the parking spaces required by Section
17.94.040B.
C. Location of Parking Spaces. On any lot located in the S-12 zone and containing a One-
Family Dwelling, One-Family Dwelling with Secondary Unit, Two-Family Dwelling, or
Multifamily Dwelling Residential Facility, no parking spaces shall be located between the front
lot line and the front wall of the facility or its projection across the lot, except upon the granting
of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134
and upon determination that:
I . The parking spaces are required by Section 17.94.040; and
2. There is no other feasible way to provide the required parking; and
3. The applicable requirements of the buffering regulations in Chapter 17.1 10 are met; and
4. If the facility contains three or more dwelling units, criteria 1 1 through 16 of the design
review criteria for high density housing, pertaining to pedestrian entries, auto entries,
landscaping, and accessories, are fully satisfied.
D. Tandem Spaces. Parking spaces required by Section 17.94.040A may be tandem spaces
provided that:
I . At least one independent parking space shall be permanently assigned to each dwelling
unit in the facility; and
2. For each pair of tandem spaces, both the independent space and the dependent space shall
be permanently assigned to the same dwelling unit; and
3. At least one space in each pair shall be a regular parking space.
SECTION 69. Section 17.94.070 (S-12, Residential Parking Combining Zone) of the Oakland
Planning Code is amended to read as follows:
17.94.070 Maneuvering aisles.
The requirements of this section shall apply only to Residential Activities located in the S-12
zone and occupying any One-Family Dwelling, One-Family Dwelling with Secondary Unit,
Two-Family Dwelling, or Multifamily Dwelling Residential Facility, and supersede the
requirements for Maneuvering Aisles set forth in Section 17.116.210.
A. Maneuvering Aisle Width. The width of maneuvering aisles serving regular,
intermediate, and compact parking spaces shall be as set forth in subsections (A)(1) through
(A)(5) of this section. The width of maneuvering aisles serving handicapped parking spaces shall
be as set forth in the California State Accessibility Standards contained in Parts 2, 3, and 5 of
Title 24 of the California Administrative Code.
3 1
I . Where parking is parallel: eleven (I 1) feet;
2. Where parking is at an angle of forty-five (45) degrees or less: twelve (I 2) feet;
3. Where parking is at an angle of sixty (60) degrees or less but more than forty-five (45)
degrees: fifteen (15) feet;
4. Where parking is at an angle of seventy-five (75) degrees or less but more than sixty (60)
degrees: eighteen (I 8) feet;
5. Where parking is at an angle of ninety (90) degrees or less but more than seventy-five
(75) degrees: twenty-one (21) feet.
B. Alternate Maneuvering Aisle and Parking Space Widths. Except for parallel parking, the
maneuvering aisle width required by subsection A of this section may be reduced by one foot,
provided that all parking spaces served by the maneuvering aisle, other than handicapped spaces,
are increased in width by one-half foot.
C. Additional Maneuvering Aisle Length. An additional five feet of maneuvering aisle
length beyond the end stall farthest from the street shall be provided whenever the maneuvering
aisle width required by subsection A of this section is reduced in accordance with subsection B
of this section, if both of the following conditions are present:
I . Backing up to the street is prohibited by Section 17.116.250; and
2. A vehicle parked in the end stall farthest from the street would not otherwise be able to
maneuver into a forward facing position in four movements or less. A movement, for purposes of
this section, shall be defined as the continuous travel of a vehicle in a single direction from
starting point to stopping point.
SECTION 70. Section 17.101B.030 (S-18, Mediated Residential Design Review Combining
Zone) of the Oakland Planning Code is amended to read as follows:
17.10113.030 Mediated residential design review for new construction, additions of five hundred
(500) square feet or more of floor area, or upper story or attic addition projects with one or two
units on a lot and less than three thousand five hundred (3,500) square feet of floor area and for
certain balcony or deck additions.
If either a new construction project, a project involving an addition of five hundred (500) square
feet or more of floor area, or an upper story or attic addition project involves or results in one or
two dwelling units on a lot and the cumulative floor area of all principal Residential Facilities on
the lot is less than three thousand five hundred (3,500) square feet, or if the project involves
construction of an upper story or attic balcony or deck regardless of the floor area of the facility,
no such project shall be constructed or established, unless plans for the proposal have been
approved pursuant to the mediated residential design review procedure in Chapter 17.147.
Addition of floor area within an existing building envelope shall not be considered floor area for
purposes of this requirement. This requirement shall not apply to:
A. Any project limited to construction of a balcony or deck that is either less than ten feet in
depth or is not on a side or rear elevation that faces a one or two unit Residential Facility on an
adjacent lot;
B. Any Residential Facility whose proposed plans must be approved pursuant to the
conditional use permit procedure in Chapter 17.134, the design review procedure in Chapter
17.136, the planned unit development procedure in Chapter 17.140, the site development and
design review procedure in Chapter 17.142, or the variance procedure in Chapter 17.148; or
C. Any facility containing both residential and nonresidential activities.
D. The constniction of a new Secondpa Unit.
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SECTION 71. Section 17.101B.040 (S-18, Mediated Residential Design Review Combining
Zone) of the Oakland Planning Code is amended to read as follows:
17.10113.040 Design Review for Residential Facilities requiring a conditional use permit or
variances or with floor area of three thousand five hundred (3,500) square feet or more.
Projects creating or adding floor area and either requiring a conditional use permit or variance or
resulting in a Residential Facility with a floor area of three thousand five hundred (3,500) square
feet or more shall require design review pursuant to the design review procedure in Chapter
17.136. Addition of floor area within an existing building envelope shall not be considered floor
area for purposes of this requirement. This requirement shall not al)ply to the construction of a
new Secondary Unit.
SECTION 72. Section 17.101B.050 (S-18, Mediated Residential Design Review Combining
Zone) of the Oakland Planning Code is amended to read as follows:
17.10113.050 Special residential design review for projects with one or two units on a lot and
involving only additions or alterations, other than additions of five hundred (500) square feet or
more of floor area, or upper story or attic additions, to an existing facility and involving less than
three thousand five hundred (3,500) square feet of floor area, and for new Secondary Units.
A. GenerA. If a project is limited to additions or alterations that:
I . affect exterior appearance, other than the additions of five hundred (500) square feet or
more of floor area or the upper story or attic additions described in Section 17. 1 0 1 B.030 which
require mediated residential design review; and
2. involve or result in one or two dwelling units on a lot; and
3. create or result in a principal Residential Facility with less than three thousand five
hundred (3,500) square feet of floor area, I
no Residential Facility shall be so constructed or altered unless plans for the proposal have been
approved pursuant to the special residential design review procedure in Chapter 17.146. This
requirement shall not apply to any Residential Facility whose proposed plans must be approved
pursuant to the conditional use permit procedure in Chapter 17.134, the design review procedure
in Chapter 17.136, the planned unit development procedure in Chapter 17.140, or the site
development and design review procedure in Chapter 17.142. This requirement also shall not
apply to any facility containing both residential and nonresidential activities or to the
construction of a new Secondary Unit.
B. No Secondary Unit shall be constructed or established unless plans for the proposal have
been avyroved pursuant to the special residential design review procedure in Chgpter 17.146.
B.-C. AprojeetwillbeexemptftomtherequirementssetforthinsubsectionAofthissectionif
it does not involve the addition of a dwelling unit and if it meets one or more of the following
criteria:
I . Does not require a building permit;
2. Involves only the repair or replacement-in-kind of a roof,
3. Is certified by the City Planning Department to involve only replacement-in-kind of
existing building components; or
4. Is certified by the City Planning Department: (a) to involve an increase Or decrease in
wall area, floor area, or footprint of no more than ten percent; and (b) that all exterior treatment
matches the existing building.
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SECTION 73. Section 17.102.360 (General Regulations Applicable to All or Several Zones) of
the Oakland Planning Code is amended to read as follows:
17.102.360 Use pefmits standards, er-iteria and eenditiens ef appr-eval -Special regulations
apiplyingtosSecondary "Uts.
A. Cenditional Use Pefmit RequiFement. hii the Rig, R20 and R90 zones, an"
substandaEd lots in the R 35, R 36, R 40 R 50, C 5, G 10, and C 20 zenes, seeendar-y wiits are-
k4ed only an the gFanfiag of a eenditienal use peFmit pufsuant to the standaFds, ariteria, and
"tiefts in subseetiens B, C and D of Ns seetion respeetively, and the eenditional use PeFffli
preeedum in Ghapter 17.13 4.
B. Use Pemiit StandaFds for Seeendw@, Units:
i. :Piat the let qualifies under- Seetien 17.106.010 as an existing buildable pareel and4im
twe theusand five hmdfed (2,500) square feet er more ef lot area, and its lot width is @wenty five
(25) feet er- mefe.
2. TheA the uiik will eeexist en the let with only one existing or- pfepesed pFimary dwelling
stfHetum tha4 is a detaehed building, and that the seeendaFy upit Faa), be within, at4aehed te a
detaehed &em the living area of said building-,
3. That the fleer aE@a of the seeeadaf=y up@t will tetal ns less thn-n P.A.,e hundred tweffty (22"
squ a feet and fie more than one dheaswid Pwe hundi-7ed (1,209) squefe feet and that the
seeendaity unit -Aril! have less living area than the primaFy dwelling (living areas shall iiet inelude
a garage or aeeessefy stFuetffes);
4. That the seeendar-y upit will net he sold separately ftem the primaff dwelling uF@t-,@
the legal e%%er of the pr-epeFtyAaill eeoupy ene of the units-,
5. That a total of d3fee nentandem, en site, paFkiag spaees will be provided. Should the lot
alfeady eontain @wo on site par4dng spaees iH tandem fer the primary dwelling, a d4d
nentandem speee shall be provided fer- the seeendai-1, unit. The dfiveway width sheuld not.
emeeed fifly (50) pereent of the letwidth or twenty five (25) feet whiehever is le - -1 i r,
Gemmissien shall have the disefefien to allow a lesseT. mimber ef paAEing &paees or tandem
spares if waffanted by pai4ieular eireumstaFtees in eenfefmanse with guidelines adopted pui--soant
to subseetion (G)(5) of this seetion.
6. That the fife flew and water pressure ift the adjoining 9@Feet meets the
Fements as deteEmined by the Fire Marqlqel
Use Pefmit Criteria fer Seeefidaim), Uriits. A eendifienal use permit for- a seeendaj:y unit
be gFmted oa!y upon deteEminatien giat the pr-epesel renfefffis te the general use permit
ia set forth in the eeRdifienal use peFmit pfeeedure in Chapter 17.134 and te all of the
fellewing use pefmit eriter-ia:
i. That the seeandavy tmit will be elearly suberdinate te the pFimaimy one family dweging
uitit in size, leeatien, and appear-anee. The seeeadaf@, uriit sheuld not e@keeed fi&y (50) pement of
the fleer area of the primary unit, hewever the Planning Commissien shall have the disere i
allew this limit te be exeeeded if waffanted by paiqieuiff eifeumstanees in eenfeffnefiee with the
guidelines adopted pufsuant to subseetien (C)(5) ef this seefien, pr-evided the seeeadaiy unit
does not equal or exeeed the size of the pFimafy uiiit;
2. That the leeatien, design, and site planning of the building, open areas, and parking Wi44
'do a eenvep@ent, at4re-etive and- fi-inetienal living envifapimeFA, andwill be oempatible wiu@
the neighbor-heed and with publie safet@-
3. That the shape and sit4ing of the feeility, and especially of an), pef4iens thereefwhieh
exeeed one sten, in height, will be sueh as te Fninimize bleeking of views and direet supili&
fr-em neaFby lots and Frem other Residential Faeilities in the suffeunding neighborhood.
34
4. That there s adequate emefgeney aeress to the lot as detaFmified by the FiFe Marshah
Stfeets leading te an afterial sty-eet sheuld have a FnipAinufn of twenty (20) feet of pavement width
at all leeatiens beoween the lot and the aftefial sifeet and the lot sheold be leeated en a stmet
having more than efie outlet feF vehieular tfaffie. The PlaPA3iflg ConIfflission shall hgA,P *hP
diseFetion te waive these Fequirefaents if waFrmted by paFtietilar 646UMStanees provided it e
be found that theF-- --ergeney aeoess and that the pfeject is in eenfeffflanee with
guidelines adopt stion (c)(5) of this spetie".
S. -h daf-j, unmit eemplies with the City Pic C i guidelines fe
devolepment and evaluation of seeendary, units. The Plafming C-efrAnission shall have the
diseretieFt to make emeeptiefis to any &ideiine if war-Fanted by pai4ieulaf eiroumstanees if all
ether eriteria in this subseetien and in Seetion 1:7.134.050 are Ffiet.
D. Conditiens ef Appr-eval fer Seeendmy Urks. The fellowing eefiditions will be appiied to
all use peEmits feF seeendary units.
i. CeFtifiration of Owner Oeoupaney. That prior to issuanee of a building permit-4he
applieepit shall reeerd as a deed restfietion in the Alameda Cowity: Reeer-def's Offiee-a
eertifieation by the ev.%ef(s) in a foFm preseribed by the Direeter- ef Gity P!aFH+ing that efle of the
dwelling units is eeeupied by the eA%eF(s) ef the pr-opeFty as the e%mer-'s(s') prineipal an'
pemanefit res ' --- - ofship ef the propef4y ehanges, the new eyvaeF(s) shall eithe
submit a new evmef: eraeupane), eeftifie&tion, eF remeve the seeendffy unit. Failure to submit
new eei4ifirzate er remove the seeefidary unit within one year of tFansfer- of eAmeFs* shall hp -Fi
vielation subjeet t".Y.1pelialties preAded in Title 1 efthe Oakland Nluiiieipal Cede.
2. That all Feqtiif:ed ea site paEking spaees will be aeeessible and maintained free and ele
fer Yehisular puking.
3. That the applieaRt shall defead, indemnify, and hold hanniess the City of Oakland, its
agents, offieers, aRd employees fFem an), elaim, aetieft, er pr-eeeedifig (ineluding legal eOS6-aFA
attorney's fees) against the eity, its agents, offieefs or- employees to a#-e!E, set aside, veid-of
amul, an appf;eN,al by the eit@,, the Gity Planning DepaFtment, Plawling Gefamissien, er-
Couneil. The eity shaR pFeMptly nOti6' the appliemt ef an), elaim, actieft or pr-oseedinp, and-the
eity shed! eeepeFate fH!ly in sueh defense. The sity may eleet, in its sele diseration, to pafti
in the defense of s-:A elaim, ar.+:---, off pmeeeding.
4. That the prejeet shall be eaeR6ti-ueted aeeording to the appreved plans, exeept diet fniRe
ehanges may be appr-eved administratively by the Dir eter- of City Pi i _
S. That priar te issuanee of a bW!ding peEmit the applieant shall exestite and reeord vAth
Alameda Geenty Reeer-der-'s Offiee a eopy ef these eenditiom eft a fiaFm approved by-the
Direeter of City Plaming.
6. Thm this pefmit shall beeeme effestive upon satisfaetery eemplianee with all the Rhave,
sonditiens. Failure to obtain requifed building peffnits within eae year fFeEft the effeetive date 0
the eenditional use pemit shall invalidate the appr-oval, pFevided that
Direeter of City Planning may grant efie one year- extensien, with add ?ab*t
te the appreval of the City Planning Gemmissien.
The following regulations shall apply to the construction, establishment, or alteration of
Secondary Units wherever Permitted or conditionally permitted, as specified in each individual
zone:
A. Other uses on property. A Secondary Unit shall only be pennitted on a lot that contains
only one other primgy dwelling unit. A Secondary Unit may be approved and constructed at the
same time or after the approval and construction of the primary dwelling unit.
B. Sale of unit. A Secondary Unit shall not be sold smarately from the irimary dweiling o
the same lot.
35
C. Owner occupancy. The legal owner shall occupy either the primary dwelling or the
Secondary Unit. Prior to issuance of a building permit for a Secondpa Unit, the gpplicant shall
record as a deed restriction in the Alameda County Recorder's Office, notice of this requirement,
in a form prescribed by the Director of City Planning.
D. Maximum permitted floor area. The floor area of a Secondary Unit shall not exceed six
hundred fifty (650) square feet or fifty (50) percent of the floor area of the primary dwelling,
whichever is less, except that Secondary Units of up to five hundred (500) square feet in floo
area are permitted regardless of the size of the primary dwelling. This floor area limitation may
be exceeded, Lip to a maximum of one thousand two hundred (1,200) sguare feet, uvon the
juanting of a cond tional use permit.
E. Fire flow and water pressure. A Secondary Unit may be permitted only if the fire flow
and water pressure in the adjoining street meets the minimum requirements as determined by the
Fire Marshal.
F. Emergency access - mulfiple vehicular outlets. A Secondary Unit may be permitted only
on a lot which has frontage on a through street, or a dead-end street that has a total length of less
than three hundred (300) feet. For the VqMoses of this subsection, the total length of a dead-end
street shall be the distance from the intersection with the nearest through street to the farthest
ovoosite end of the street right-of-way, or private access easement (as defined by Section
16.32.010 of the Oakland Municipal Code) if the private access easement is connected to said
dead-end street.
G. Emergency access - minimum pavement width. A Secondary Unit may be permitted
only if all streets connecting the lot to the nearest arterial street (as designated by the City of
Oakland General Plan Land Use and Transportation Element) have a minimum pavement width
of at least twenty (20) feet.
H. Public sanitary sewer. A SecondqU Unit may be permitted only if it is served by a public
sanitary sewer.
1. Architectural compatibility. The architectural design and materials of a Secondary Unit
shall match or be visually compatible with that of the primary dwelling, including th
architectural style, sidiniz material, roof shave, roofing material, trim material and design,
window tMes, window him, and window sill detail.
J. Compliance with Building and Fire Codes. All Secondary Units shall coninly with all
other code and permit requirements imposed by all other affected departments, including but not
limited to fire separation, sound separation, egress, utility access, and the requirement for
building permit.
K. Upon receipt of an application for a secondaa unit made pursuant to this section seekin
ministerial anyroval of said am)lication, notice of the application shall be sent to all persons
shown on the last available equalized assessment roll as owning real groperty in the city within
three hundred (300) feet of the property involved. All such notices shall be given not less than
ten days prior to the date that the Director of City Planning acts on the application. Failure of an
person to receive such notice shall not affect the validity of action taken on the avolication by
City staff.
SECTION 74. Section 17.107.020 (Density Bonus and Incentive Procedure) of the Oakland
Planning Code is amended to read as follows:
17.107.020 Definitions.
A. Affordable Housing. "Affordable housing" shall mean that the relevant housing is
available on terms such that the housing costs are less than a specified percentage of the gross
36
income of households within a particular incorne- category (adjusted for household size,
depending on the number of bedrooms in the dwelling unit) as deterniined for the Oakland
Primary Metropolitan Statistical Area (PNISA). For a rental unit, housing costs include rent and a
reasonable allowance for utilities. For a for-sale unit, housing costs include loan principal, loan
interest, property and mortgage insurance, property taxes, home owners' association dues and a
reasonable allowance for utilities.
1. Where units are targeted as being affordable to low income households, housing costs for
rental units must be equal to or less than thirty (30) percent of the gross monthly income,
adjusted for household size, of sixty (60) percent of the median income for the Oakland PMSA.
Housing costs for for-sale units must be equal to or less than thirty (30) percent of the gross
monthly income, adjusted for household size, of seventy (70) percent of the median income.
2. Where units are targeted as being affordable to very low income households, housing
costs for rental units and for for-sale units must be equal to or less than thirty (30) percent of the
gross monthly income, adjusted for household size, of fifty (50) percent of the median income
for the Oakland PMSA.
3. Where units are targeted as being affordable to moderate income households, housing
costs for rental units must be equal to or less than thirty (30) percent of the gross monthly
income, adjusted for household size, of one hundred twenty (120) percent of the median income
for the Oakland PMSA. Housing costs for for-sale units must be equal to or less than thirty-five
(35) percent of the gross monthly income, adjusted for household size, of one hundred twenty
(120) percent of the median income.
B. Density Bonus. A "density bonus" is a density increase over the otherwise maximum
allewablevermitte residential density. For purposes of this chapter, the density bonus shall not
be included when determining the number of target units that must be affordable to the relevant
income group. When awarding multiple density bonuses, such as for senior citizens housing, the
amount of each density bonus shall be determined based on the allowable base density, exclusive
of any bonuses. In no event may the city grant a density bonus which would result in the project
exceeding the general plan density maximum unless the project proposes to provide at least (1)
twenty (20) percent of the total units of a housing development for lower income households, or
(2) ten percent of the total units of a housing development for very low income households, or
(3) fifty (50) percent of the total dwelling units of a housing development for qualifying residents
(seniors , or (4) at least twenty (20) percent of the total units of a residential condominium
housing development for moderate income households. When calculating the final unit count
allowed with the density bonus, any fractional remainders shall be rounded up to the neareaL
whole number.
C. Density Incentive. A "density incentive" is a benefit offered by the city to facilitate
construction of eligible projects as defined by the provisions of this chapter and is limited to the,
Benefits may inelude priefity pr-eeessing an relaxation of one of the following standards in
order to allow utilization of a density bonus:
I . Required off-street parking;
2. Required setbacks;
3. Maximum building height;
4. Required open space;
5. Maximum floor-area ratio;
6. Minimum lot area.
D. "Economically feasible" means that a housing development can be built with a reasonable
rate of return. The housing developer's financial ability to build the project shall not be a factor.
37
E. Moderate, Low and Very Low Income Households. "Moderate, low and very low income
households" means those households whose income matches levels determined periodically by
the U.S. Department of Housing and Urban Development, based on the Oakland Primary
Metropolitan Statistical Area (PMSA) median income levels by family size, under which:
1 . "Moderate income" is defied as greater than eighty (80) percent to one hundred twenty
(I 20) percent of median income.
1). "Low income" is defined as greater than fifty (50) percent to eighty (80) percent of
median income.
3. "Very low income" is defined as less than fifty (50) percent of median income.
F. Target Dwelling Unit. A "target dwelling unit" is a dwelling unit that will be offered for
rent or sale exclusively to and which and wli@ich shall be affordable to the designated income
group or senior citizens.
G. Housing Development. A "housing development" is as defined in California Government
Code Section 65915(g).
SECTION 75. Section 17.107.040 (Density Bonus and Incentive Procedure) of the Oakland
Planning Code is amended to read as follows:
17.107.040 Findings required.
A. Density Bonus.
Whenever action is taken on an application for design review of a housing development of at
least five units which also seeks approval of a density bonus, the city shall grant the applicant a
density bonus and, unless findings iustifying the denial of an incentive are adopted, at least one
additional densi incentive, as set forth in Section 17.107.020(C . if the applicant proposes to
build one of the following. Nothing in this section shall preclude the requirement for design
review as provided for in the individual zone regulations: if the fmdings set feFth in this seetien
ean be made in addition te any other findings required by any ether pr-eNisien of
applir.atien.
A. Density Benus.
i The reviewing body shall fiRd that apprep6ate eenditiens sheA be ineefper-ated inte
it te ensure the eentinued aNrdability of the speeified HERS f6F a PeFied Of flOt 16SS th
94" (30) yeffs, and to restfiet oecupaney efily te residents whe satisfy the aNFdability
.7ement for the speeified unit.
2-. f. Where the request is for a density bonus of twenty-five (25) percent, or less if requested
by the applicant, and the applicant proposes that: the reviewing beEb, she4l find that th
applieati6fi is aRdWill rE)Rtifltie tO b0i plianee with at least ene of the fellewifig:
a. Twenty (20) percent of the total housing units shall be affordable to low income
households; or
b. Ten (10) percent of the total housing units shall be affordable to very low income
households; or
C. Fifty (50) percent of the total housing units shall be affordable to qualif3ing residents as
defined in Section 51.3 of the Civil Code (senior citizens); or
d. Fifty (50) percent of the total housing units are affordable to moderate income
households and an additional ten percent of the total housing units are affordable to low income
households and the proposal conforms to the general use permit criteria set forth in the
conditional use permit procedure in Chapter 17.134 except that the density bonus cannot exceed
the maximum density in the General Plan.
38
2. Where the request is for a density bonus of ten (10) percent, or less if requested by the
applicant, and the proiect is a residential condominium development, and twenty (20) percent of
the total housing units are and will continue to be affordable to moderate income households.
3. Where the request is for a density bonus of greater than twenty-five (25) percent, but not
more than one hundred (100) percent, the reviewing body shall find that the proposal conforms
to the general use permit criteria set forth in the conditional use permit procedure in Chapter
17.134 and that the proposal provides additional housing units that are affordable to very low
income, low income or moderate income households, beyond the minimum requirements
described above, proportional to the additional density bonus. Proposals for senior citizen
housing projects that conform to the requirements of Section 17.106.060 may request a total
density bonus, over the allowable base density, of up to one hundred (I 00) percent.
B. Density Incentive. Housing developments with affordable units which meet at least one
of the requirements set forth in Section 17.107.04OA(12)(a), (b), or (c), or Section
17.107.04OA(2), are entitled to at least one density incentive of the Mplicant's choosing, unless a
written fffiding, based on substantial evidence is made pursuant to Government Code section
65915(b) that an incentive is not required in order to provide for affordable housing costs as
defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be
set as specified in this Section. Where the applicant has requested a meeting to discuss th
requested incentive, the City shall deny that incentive only if it finds, in writing, that the
incentive would have a specific adverse impact as defined in paragraph (2) of subdivision (d) o
Government Code section 65589.5, gpon Public health, safety or the physical environment or on
any real property that is listed in the California Register of Historical Resources and or which
there is no feasible method to satisfactorily mitigate or avoid the Vecific adverse impact without
rendering the development unaffordable to low and moderate income households or that the
applicant has received financial assistance from the city or other entity that would offset the need
for an incentive.
Altheugh the develeper may request a speeifie ineentive, the deeision Fnaking bed), shall make
the final detefminatien of the ineentive to be gFanted puEsuant le the provisions of "s ehapt
and erAy upon inaking the findings set fefth below.
hi detefmipii-ng whieh "e ef ineentive te graw a speeifie housing development, a fioding-sheA
be made that 64e prE@eet is eensisteat with design Feview er-iteria that are apphed te other
eempaFable projests and:
I . Thant striet eeraphemee with the speeified zening standaFd or- regulation would direet4y
aff-bet the aeonefaie feasibility of including the affer-dable uflits in the pFejeet; e
2. Thant s#iiet eemplimee would result in praefieal diffieulty in previding the affieUFA e
affefdable housing neeessaf-y to qualif@, for the density benus and tha4 altemative d
selutions afe net pr-aetieaal.
SECTION 76. Section 17.107.045 (Density Bonus and Incentive Procedure) is added to the
Oakland Planning Code to read as follows:
17.107.045 Condition required for continued affordability.
All approvals for any affordable housingLapOications that include a density bonus and/or densi
incentive shall be conditioned to ensure the continued affordability of the specified units for a
period of not less than thirty (30) years, and to restrict occupancy only to residents who satis
the affordability requirement for the sRecified unit(s). Prior to issuance of a building vermit fo
the affordable housing proiect, the applicant shall record as a deed restriction in the Alameda
39
County Recorder's Office, notice of this reguirement, in a form prescribed by the Director of
City Planning.
SECTION 77. Section 17.110.020 (Buffering Regulations) of the Oakland Planning Code is
amended to read as follows:
17.110.020 General buffering requirements--Residential and S-1, S-2, S-3, S-13, S-15 and OS
zones.
(See illustration I- 1 6.) The following regulations shall apply in all residential zones and in the S-
I, S-2, S-3, S-13, S-15 and OS zones, and are in addition to the provisions set forth in Section
17.110.040:
A. Screening and Setback of Open Parking and Loading Areas. The following requirements
shall apply in said zones to all open off-street parking areas located on any lot containing three or
more parking spaces, except in the case of a One-Family Dwelling with Secondary Unit, and to
all open off-street loading areas on any lot:
1. Such parking and loading areas shall be screened from all abutting lots, except where a
maneuvering aisle is shared with the abutting lot in the manner described in Section 17.116.170,
by dense landscaping not less than five and one-half feet high and not less than three feet wide or
by a solid lumber of masonry fence or wall not less than five and one-half feet high, subject to
the standards for required landscaping and screening in Chapter 17.124 and the exceptions stated
in said chapter.
2. Such parking and loading areas shall be screened from all abutting streets, alleys, and
paths, and private streets or other ways described in Section 17.106.020, by dense landscaping
not less than three and one-half feet high and not less than three feet wide by a solid or grille,
lumber or masonry fence or wall not less than three and one-half feet high, subject to the
standards for required landscaping and screening and the exceptions stated in said chapter.
3. No unroofed parking space or loading berth on such lots shall be located within five feet
from any street line or alley.
B. Screening of Open Storage Areas. All open storage of boats, trailers, building materials,
appliances, and similar materials shall be screened from all abutting lots, and streets, alleys, and
paths, and private streets or other ways described in Section 17.106.020, by dense landscaping
not less than five and one-half feet high and not less than three feet high, or by a solid lumber of
masonry fence or wall not less than five and one-half feet high, subject to the standards for
required landscaping and screening and the exceptions stated therein.
C. Control on Artificial Illumination of Parking and Loading Areas. Artificial illumination
of all off-street parking areas located on any lot containing three or more parking spaces and all
off-street parking areas, and of driveways related thereto, excgpt in the case of a One-Famil
Dwelling with Secondary Unit, shall be nonflashing and shall be directed away from all abutting
lots and from any on-site residential living units so as to eliminate objectionable glare.
SECTION 78. Section 17.116.060 (Off-Street Parking and Loading Requirements) of the
Oakland Planning Code is amended to read as follows:
17.116.060 Off-street parking--Residential Activities.
A. Permanent and Semi-Transient Residential Activities. Except as otherwise provided in
Section 17.44.200, Chapter 17.94, Sections 17.102.300, 17.116.020, 17.116.030, and 17.116. 1 10,
and subject to the calculation rules set forth in Section 17.116.050, the following amounts of off-
street parking are required for all Permanent and Semi-Transient Residential Activities when
40
located in the indicated zones and occupying the specified facilities and shall be developed and
maintained pursuant to the provisions of Article W of this chapter:
Residential Facility Zone Requirement
Type
Onc-FamilyDwelling. R-1,R-10,R-20,R-30,except Two spaces for each dwelling unit
when combined with the S- 1 2 occupying a lot fronting on a street
zone. with parking allowed on one or
both sides of the street; three
spaces for each dwelling unit
occupying a lot fronting on a street
with parking prohibited on both
sides of the street except that two
spaces shall be required on such
lots with an average lot width of
fifty-five (55) feet or less, and two
spaces shall be required on such
lots where the site area to be
covered by the structure has a
gradient greater than twenty (20)
percent or the street-to-setback
gradient as measured from the
edge of pavement to the front
setback line is greater than twenty
(20) percent; however, in the S-1 I
zone, the requirement shall be one
space per bedroom with a
minimum of two spaces per
dwelling unit.
R-35, R-36, R-40, except when One and one-half spaces for each
combined with the S-12 zone. dwelling unit.
R-36, when lot is less than 4,000 One space for each dwelling unit.
square feet in size and/or 45 feet in
width, except when combined with
the S- 12 zone.
C-28, except as provided by One space for each dwelling unit.
Section 17.44.200.
C-52, except when combined with No spaces required.
the S-12 zone.
S- 1 5 zone, except when combined One half-space for dwelling unit.
with the S- 12 zone.
Any other zone, except when One space for each dwelling unit.
combined with the S- 1 2 zone.
Any zone combined with the S- 1 2 See Section 17.94.040.
zone. I
One-Family Dwellin R-1, R-10, R-20, R-30, R-35, R- One space for the secondary unit
with 36, R-40, R 50, G 5, C 10, C_ @Q unless the lot already contains a
Secondary Unit. except when combined with the S- total of at least three spaces;
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12 zone. however, in the S- 1 1 zone the
requirement shall be one space for
each bedroom in any secondary
unit. See Section 17.102.360.
R-50, R-60, R-70, R-80, R-90, C- One space for the secondary unit
5, C- IO, C-20, except when unless the lot already contains
combined with the S-12 zone. total of at least two spaces:
however, in the S-1 1 zone the
reguirement shall be one @pace for
each bedroom in any second
unit. See Section 17.102.360.
Any zone combined with the S- 1 2 See Section 17.94.040.
zone.
Two-Family R-30, R-35, R-36, R-40, except One and one-half spaces for each
Dwelling. Multifamily when combined with the S-12 dwelling unit.
Dwelling. zone.
C-28, except as provided by One space per dwelling unit.
-Section 17.44.200
C-52, except when combined with No spaces required.
the S-12 zone.
S-15 zone, except when combined One-half space for each dwelling
-with the S-12 zone. unit.
Any other zone, except when One space for each dwelling unit.
-combined with the S-12 zone.
Any zone combined with the S-12 See Section 17.94.040.
zone.
Rooming House. C-52. No spaces required.
Any other zone. One space for each two rooming
units.
Mobile Home. C-52. No spaces required.
Any other zone. One space for each living unit plus
one additional spz
living units.
B. Residential Care, Service-Enriched Permanent, Transitional Housing and Emergency
Shelter Residential Activities. Except as otherwise provided in Section 17.44.200, Chapter 17.94,
Sections 17.102.300, 17.116.020, 17.116.030, and 17.116.110, and subject to the calculation
rules set forth in Section 17.116.050, the following amounts of off-street parking are required for
all Residential Care, Service-Enriched Permanent, Transitional Housing, and Emergency Shelter
Residential Activities when located in any zone and occupying the specified facilities and/or
having the specified number of employees and/or facility vehicles, and shall be developed and
maintained pursuant to the provisions of Article IV of this chapter.
Residential Activity Requirement
Residential Care. One space for each three employees on site during the shift that has
maximum staffing, and one space for each facility vehicle. Where
more than three spaces are required for a single housekeeping unit,
additional spaces beyond three may be provided in tandem.
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Service-Enriched Two spaces for each three dwelling units and one space for each
Permanent Housing. three rooming units, plus one space for each three employees on site
during the shift that has maximum staffing, plus one space for each
facili
Transitional Housing. One space for each three dwelling units and one space for each four
rooming units, plus one space for each three employees on site
during the shift that has maximum staffing, plus one space for each
facili
Emergency Shelter. One space for each three employees on site during the shift that has
maximurn staffing, plus one space for each facility vehicle.
SECTION 79. Section 17.116.240 (Off-Street Parking and Loading Requirements) of the
Oakland Planning Code is amended to read as follows:
17.116.240 Tandem spaces and berths.
(See illustration 1-2 1.) A vehicle shall not have to cross another loading berth, or a parking space,
in order to gain access to any required loading berth. On any lot containing three or more
required off-street parking spaces, or containing required spaces for two or more residential
living units, a vehicle shall not have to cross another parking space, or a loading berth, in order
to gain access to a required parking space, except that:
A. In the S-1 I zone, with the provision of three or more required parking spaces for a given
dwelling unit, at least fifty (50) percent of the vehicles shall not have to cross another parking
space in order to gain access to a required parking space. I
B. In the S-12 zone, tandem parking may be permitted for One-Family Dwelling, One-
Family Dwelling with Secondary Unit, Two-Family Dwelling and Multifamily Dwelling
Residential Aefivities eeeup5ing Residential Facilities under the provisions of Section 17.94.060.
C. In the R-1, R-10, R-20, R-30, R-35. R-36, and R-40 zones, excot when combined with
the S-1 I or S-12 zones, T-tandern parking may be permitted for one of the required spaces on a
lot containing a One-Family Dwelling with Secondary Unit Residential Facility ptff6uafit to the
standards in Seetion 17.102.360if the floor area of the Secondary Unit does not exceed five
hundred (500) sguare feet.
D. In any zone, tandem parking may be permitted for nonresidential activities upon the
granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter
17.134 and upon determination that such proposal conforms to either or both of the following use
permit criteria:
1 . That a full-time parking attendant supervises the parking arrangements at all times when
the activities served are in active operation;
2. That there are a total of ten or fewer parking spaces on a lot, or within a separate parking
area or areas on a lot, which spaces are provided solely for employees.
E. Tandem parking spaces may be provided for Residential Care Residential Activities
pursuant to the provisions of Section 17.116.060B.
SECTION 80. Section 17.134.020 (Conditional Use Permit Procedure) of the Oakland Planning
Code is amended to read as follows:
17.134.020 Definition of major and minor conditional use permits.
43
A. Major Conditional Use Permit. A major conditional use permit is one that involves any of
the following:
1. Thresholds. Any project that meets any of the following size thresholds:
a. The actual project site (including only portions of the lot actually affected by the project)
exceeds one acre;
b. Nonresidential except in the R-80, R-90, C-51, C-55, S-2, or S-15 zones: projects
involving twenty-five thousand (25,000) square feet or more of floor area;
C. Residential, except in the S-1 I zone: projects requiring a conditional use permit resulting
in a total number of dwelling units as follows:
i. Two or more in the R-10, R-20, R-30, or R-35 zone, except in the case of a Second
Unit,
ii. Three or more in the R-36 or R-40 zone,
iii. Seven or more in the R-50, R-60, R-70, R-80, or R-90 zone.
(In the S- I I zone, see Section 17.142.03 0);
d. Large Scale Developments. Any development which is located in the R-80, R-90, C-51,
C-55, S-2, or S-15 zone and involves more than one hundred thousand (100,000) square feet of
new floor area, or a new building, or portion thereof, of more than one hundred twenty (120) feet
in height.
2. Uses. Any project that involves any of the following activity or facility types except
where the proposal involves only accessory parking, the resumption of a discontinued
nonconforming activity, or an addition to an existing activity which does not increase the
existing floor area by more than twenty (20) percent:
a. Activities:
i. Residential Care Residential,
ii. Service Enriched Housing Residential,
iii. Transitional Housing Residential,
iv. Emergency Shelter Residential,
V. Extensive Impact Civic,
vi. Convenience Market Commercial,
vii. Fast-food Restaurant Commercial,
viii. Alcoholic Beverage Sales Commercial or sale of alcoholic beverages at any full-service
restaurant in a location described by Section 17.102.210(B),
ix. Heavy Manufacturing,
X. Small Scale Transfer and Storage Hazardous Waste Management,
xi. Industrial Transfer/Storage Hazardous Waste Management,
Xii. Mining and Quarrying Extractive;
b. Facilities:
i. One Family Dwelling with Seeendary Uniit,
ii-.i. Drive-Through,
iii-.ii. Advertising Sign, except when the facility meets the requirements of Section 17.11.090.
*iii,iii. Special Health Care Civic Activities.
3 .Special Situations. Any project that involves any of the following situations:
a. Any project that requires development of an Environmental Impact Report;
b. Any Commercial or Manufacturing Activity, or portion thereof, which is located in any
residential zone and occupies more than one thousand five hundred (1,500) square feet of floor
area, except where the proposal involves only the resumption of a nonconforming activity;
C. Off-Street Parking Facilities in the C-40, C-51, C-52 and S-2 zones serving fifty (50) or
more vehicles;
44
d. Transient Habitation Commercial Activities in the C-40 and C-45 zones;
e. Monopole Telecommunication Facilities in, or within three hundred (300) feet of the
boundary of, any residential zone;
f. Any project in the OS zone listed as requiring a major conditional use permit in Chapter
17.1 1;
9. Continuation of an illegal use that existed in a facility in the S-14 zone prior to the
Oakland Hills fire;
h. Any electroplating activity as defined in Section 17.09.040 subject to the provisions of
Section 17.102.340;
i. Any application referred by the Director of City Planning to the City Planning
Commission for decision pursuant to Section 17.134.040(B)(1).
B. Minor Conditional Use Permit. A minor conditional use permit is a conditional use
permit which does not involve any of the purposes listed in subsection A of this section.
SECTION 81. Section 17.146.020 (Special Residential Design Review Procedure) of the
Oakland Planning Code is amended to read as follows:
17.146.020 Application.
A. Two-Track Optional Process for New Construction Projects. Except as indicated below,
applicants may choose to have their applications for the construction or establishment of
Residential Facilities with one or two dwelling units processed pursuant to the new construction
checklist procedure or to the new construction discretionary procedure. Applications for the
construction of a new Secondary Unit must be processed pursuant to the new construction
checklist mocedure. Applications for the following types of projects, however, must be
processed pursuant to the new construction discretionary procedure:
I . The construction or establishment of more than one One-Family Dwelling Residential
Facility in separate structures on a single lot;
2. The construction or establishment of a One-Family Dwelling Residential Facility on a lot
with an existing One-Family Dwelling Residential Facility;
3. The establishment of one or two One-Family Dwelling Residential Facilities, or one
Two-Family Dwelling Residential Facilities, moved onto a lot; or
4. Development, within any one-year period, of facilities which are of significantly the same
design by the same owner or with the sarne designer on each of five or more lots that are
contiguous or across the street from each other.
B. Two-track Process for Addition and Alteration Projects. Except as indicated below, all
applications involving additions, alterations, or other improvements to an existing One-Family
Dwelling, One-Family Dwelling with Secondary Unit, or Two-Family Dwelling Residential
Facility, including those that would create an additional dwelling unit other than a new
Secondary Unit, shall be processed pursuant to the additions and alterations discretionary
procedure.
Applicants with proposals that meet the following criteria may, however, choose to have their
applications processed under either the additions and alterations discretionary procedure or the
additions and alterations checklist procedure:
1. The proposal involves an increase or decrease in wall area, floor area, or footprint of no
more than twenty (20) percent; and
2. The proposed exterior treatment matches the existing building.
Finally, aApplicants with proposals that involve the extensive reconstruction of existing
Residential Facilities may, with the permission of the City Planning Department, have their
45
applications processed pursuant to the new construction checklist procedure. Applicants wi
proposals that involve the construction of a new Secondary Unit shall have their applications
processed pursuant to the new constniction checklist procedure.
C. Pre-Application Conference. Prior to application for special residential design review, the
applicant or his or her representative shall have a conference with a representative of the City
Planning Department. The conference shall take place before the design process has begun. At
the conference, the city representative shall provide information about the various special
residential design review procedures and the criteria and standards associated with them. Also at
the conference, if the proposal so warrants, the applicant and the City Planning Department
representative shall -- based on project site slope information and photographs, as required, of
surrounding structures that shall be submitted by the applicant -- attempt to jointly make
determinations related to neighborhood context. In cases of disagreement, however, the decision
of the Director of City Planning shall govern. Applications shall not be deemed filed until after
the pre-application conference is held.
D. Application for Special Residential Design Review. Application for special residential
design review shall be made by the owner of the affected property, or his or her authorized agent,
on a form prescribed by the City Planning Department and shall be filed with such Department.
The application shall set forth under w1iich procedure (new construction, or additions and
alterations; checklist, or discretionary) the application is to be processed. The application shall be
accompanied by such information as may be required to allow applicable standards or criteria to
be applied to the proposal, and by the fee prescribed in the fee schedule in Chapter 17.150. Such
information may include, but is not limited to, site and building plans, elevations, and all
information submitted at the pre-application conference. Subject to the provisions of Section
subsection C of this section, an application shall be deemed complete for purposes of review,
unless the applicant is notified otherwise by mail within five working days of the application's
submission to the City Planning Department.
Introduction Date: JUN 0 3 2003
JUN 1 7 2003
IN COUNCIL, OAKLAND, CALIFORNIA, 2003
PASSED BY THE FOLLOWING VOTE:
AYES- Z
BROOKS, BRUNNER, CHANG, ORAICOUNCIft
NOES- NADEL, REID,QUAN, WAN
ABSENT- AND PRESIDENT DE LA FUENTE JUL I 5 2003
ABSTENTION- gr
ATTE
CEDA FLOYD
City Clerk and Clerk of the
of the City of Oakland, California