CITY OF OAKLAND

CouncilAgendaReport

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TO:
ATTN:
FROM:
DATE:

Office of the City Manager

Robert C. Bobb
Community and Economic Development Agency
October 16, 2001

RE:

AN ORDINANCE AMENDING THE OAKLAND PLANNING CODE TO

REVISE THE ZONING STANDARDS AND DESIGN REVIEW PROGRAM
FOR ONE AND TWO UNIT RESIDENTIAL FACILITIES, TO ADOPT
RELATED ZONING MAP CHANGES AND TO ESTABLISH A
RESIDENTIAL APPEALS COMMITTEE OF THE CITY PLANNING
COMMISSION TO HEAR ALL APPEALS INVOLVING ONE OR TWO UNIT
RESIDENTIAL FACILITIES AND NO NONRESIDENTIAL FACILITIES .

SUMMARY
At its May 29, 2001 meeting, the City Council endorsed a conceptual proposal for revised zoning
standards and design review program for one and two unit residences . The City Council directed
staffto prepare draft zoning text and zoning map changes for the conceptual proposal for review
and recommendation by the City Planning Commission and to bring an ordinance implementing
these changes to the City Council in Fall 2001. A comparison of the existing and proposed
zoning standards is Attachment A
The proposed design review process framework is
Attachment B . The draft ordinance is Attachment C.
The proposal includes revised standards that would apply citywide for building heights, setbacks,
landscaping, fences and other development standards, including a new lot coverage standard.
The proposal also includes a new "Mediated Residential Design Review" procedure to be
adopted as a pilot program in City Council District One and the S-14 (1991 Firestorm Area)
Zone which would replace existing design review procedures in these areas with a mediated
process to resolve issues between the project sponsor and neighbors .
This report requests City Council adoption of the ordinance and authorization to proceed with
related tasks, involving revisions to the Master Fee Schedule.

FISCAL IMPACTS
Replacement of existing design review procedures in the S-14 Zone with the new Mediated
Residential Design Review procedure, as set forth in the proposed ordinance, will eliminate
significant revenues generated by S-14 design review fees. These revenues were between
$200,000 and $275,000 during the 99-00 fiscal year. However, this revenue loss may be offset
by revenue from the new Mediated Residential Design Review program. The ordinance may
also require one additional Full Time Equivalent (FTE) statfmember at a cost of up to $75,000$100,000, which will be funded by fees and, if necessary, salary savings.

D,

D- \

COMMUNITY & ECONOMIC

DEVELOPMENT CMTE.

Robert C. Bobb
October 16, 2001

Page 2

Following is a more detailed discussion of the expected impacts on staff workload and related
fees:

The new Mediated Residential Design Review program in City Council District One outside
the S-14 Zone is expected to generate approximately 17 development applications each year
involving a higher level of review than is currently provided, in some cases comparable to
that in the S-14 Zone. This will increase staffworkload.

Within the S-14 Zone, additional workload is expected due to:

(a) the added complexity ofthe new standards;
(b) more conditional use permits and vanances, because the new standards are more
stringent; and
(c) additional appeals.
This could be offset by:
(a) The use ofmediation to significantly reduce the level ofstaffreview;
(b) Use of the much simpler and less time consuming Special Residential Design Review
process for many additions and alterations; (see description of existing design review
processes in Attachment D.) and
(c) Less review ofbuilding appearance.

The stricter standards could result in more conditional use permits and variances citywide,
and potential appeals, with corresponding increases in workload.

Given these considerations, the revised program may require up to one additional Full Time
Equivalent (FTE) staffmember, which will be paid for by fees and, if necessary salary savings.
This is in addition to the continued use of consulting architects now assisting S-14 cases.
However, the actual number of increased applications and associated workload could vary
substantially based on a number of factors, including the success of mediation efforts, the degree
to which applicants choose to comply with new regulations rather than seek variances, etc. Staff
proposes to evaluate the number of new applications resulting from mediated design review and
revised zoning standards during the first few months of implementation, and return to the City
Council during the mid-budget cycle with any requests for additional consultant or temporary
staffing needs during the pilot program period.
Staff will also prepare a separate report with recommended revisions to the Master Fee Schedule
and ordinance to cover the proposed new Mediated Design Review program, since there is
currently no established fee for the new Mediated Design Review process. The proposed fees
will be set consistent with existing fees, including fees in the S-14 district, and will be
established to cover costs to the maximum extent practicable. Staff may also recommend some
increases to plan check fees to reflect the large amount of staff time devoted to reviewing

Robert C. Bobb
October 16, 2001

Page 3

building permit drawings for these projects, which often reflect changes from the original
conceptual design approved by Zoning.
BACKGROUND
Existing Design Review Processes for One to Two Unit Residential Projects

There are now three basic design review processes for one to two unit residential projects--(1)
Special Residential Design Review (SRDR); (2) Regular Design Review, and (3) S-14 (1991
Firestorm Area) Design Review. A summary of each of these processes is in Attachment D.
Special Residential Design Review is conducted in a three-week time frame, without public
notification, with final decisions by the Zoning Administrator. Regular Design Review requires
notice of property owners within 300 feet and is conducted in a six to eight week time period,
with final decisions by the Zoning Administrator, subject to appeal. The S-14 Design Review
process provides public notice of properties within 300 feet, with final decisions by the Zoning
Administrator, without any opportunity for appeal.
Ordinance Objectives

The existing zoning standards and design review program for one to two unit residences would
be revised under the proposed ordinance and design guidelines to streamline the design review
program, especially within the S-14 Zone through the use of Mediated Residential Design
Review, and make it more effective. The existing program is considered too time consuming
and subjective in many cases (mostly involving Regular and S-14 Design Review); lacking in
adequate decision making criteria or guidelines; and to have inadequate public notification for
some SRDR cases. There has also been great concern from residents that the program does not
allow adequate input and participation from neighbors, and that the existing standards allow
houses that are excessively large and tall, and block views.
Adopting the proposed ordinance would result in the City:

Relying more on prescriptive zoning standards such as height and setback limits to address
design review issues (including building bulk, and view, privacy and solar access impacts on
neighboring properties) especially in the S-14 Zone, in order to minimize the subjectivity
often associated with design review.

Using the new Mediated Residential Design Review procedure on a pilot basis in the S-14
and City Council District One to resolve issues between the project applicant and neighbors;
this would shorten the existing S-14 design review process and eliminate most of the existing
S-14 decisionmaking criteria in those cases where neighbors do not request mediation.

Robert C. Bobb
October 16, 2001

Page 4

Development of the Ordinance

The draft ordinance culminates an effort that has been underway since 1996 to improve the City's
residential design review program A Residential Design Review Working Group was
established by the City Council in 1996 to lead this effort and make recommendations to the City
Council.
The City Council considered a set of recommendations last year which were later modified into
the proposal endorsed by the City Council on May 29, 2001. The Working Group's work and the
City Council's review are described in detail in a report dated May 8, 2001 to the City Council's
Community and Economic Development Committee. Following the City Council's May 29,
2001 endorsement, staff developed the ordinance text for consideration by the City Planning
Commission. The Planning Commission reviewed the City Council-endorsed proposal on July
25, 2001 and the Planning Commission's Policies and Procedures Committee considered options
for hearing appeals of Planning Director decisions on August 8, 2001. The Planning
Commission's Design Review Committee reviewed and made minor modifications to an initial
draft of the proposed zoning text and map changes on August 22, 2001 and the full Planning
Commission held a formal public hearing and made further changes to the text on September 5,
2001 with the recommendation that the City Council:
(a) adopt the zoning text and map changes as modified by the Commission; and
(b) ensure that the revised zoning standards and design review program resulting from the text
and map changes are adequately staffed.
Additional non-substantive changes have been made to the zoning text since the Planning
Commission's September 5, 2001 meeting for clarification purposes consistent with the Planning
Commission's recommendations. These include changes to the Mediated Residential Design
Review procedure (see Item 8 in " Key Issues and Impacts" section below) plus other changes
authorized by the Planning Commission, including changes to correct errors and promote
consistency with Building Services standards. All of the changes made to the draft reviewed at
the Planning Commission's September 5, 2001 meeting are shown as shaded text in the draft
ordinance.
PROGRAM/PROPOSAL DESCRIPTION

Key features of the draft ordinance include:

1. A new "Mediated Design Review" procedure to be adopted as a pilot program in City
Council District One and the S-14 Zone (1991 Firestorm Area) which would replace existing
design review procedures in these areas with a mediated process to resolve issues between
the project sponsor and neighbors. The City Planning Commission and City Council would

Robert C. Bobb
October 16, 2001

Page 5

review the pilot program after six months and again after one year; after the one year review,
the City Council would decide whether to retain it, modify it and/or apply it to other areas;
2. Requiring "Regular" Design Review for all projects with floor area over 3,500 square feet as
part of the S-14/District One pilot program; this will include full notice to neighbors and
opportunity to appeal the staff decision to the Planning Commission.
3. Revised development standards that would apply citywide for building heights, setbacks,
landscaping, fences, parking and other design elements, including a new lot coverage
standard; and
4. Design guidelines to promote improved and more consistent decision making where design
review is required.
The new standards are somewhat more restrictive than the existing standards in order to address,
using objective zoning criteria, design issues that are now mostly addressed through design
review. Many of the new standards are based on those now successfully used in the S-14 Zone;
these S-14 provisions would thus be expanded citywide.
The design guidelines would mostly be based on the existing S-14 guidelines and Special
Residential Design Review guidelines and criteria (see Attachment D) but with greater
specificity and objectiveness.
Specific ordinance provisions include:
(1) Changes to Zoning Standards.
The revised zoning standards are intended to address such issues as: houses that are too large
and too close together--affecting views, privacy, and solar access; overly prominent garage
doors and driveways; inadequate landscaping; and potentially blighting elements such as
excessive front yard paving, security bars and tall front yard fences. Attachment A provides
a comparison of all the proposed changes to zoning standards. These include revisions to
existing standards for such elements as height, setbacks, fences, parking and landscaping.
They also include new standards for:

Lot coverage limits on level sites in low and medium density zones;

Building length facing side lot lines on sloped sites;

Garage and carport widths and locations;

Pavement and parking in street fronting yards; and

Exterior security bars on street elevations.

Robert C. Bobb
October 16, 2001

Page 6

The new and revised standards are in the text changes for individual zones (Chapters 17.11A
through 17 .98) and for the general regulations in Chapters 17.102 through 17.124.
The S-14 Zone's development standards are being deleted because all of them are being
applied citywide, sometimes with modifications, through changes to the other individual
zones and to the general regulations.
(2) New "Mediated Residential Design Review" Program.
Mediated Residential Design Review would use mediation between the project sponsor and
neighbors to resolve design issues, especially those related to building mass and bulk, and
view, privacy and solar access impacts on adjacent properties. The procedure has several
important features that distinguish it from current procedures, especially those now used in
the S-14 zone:

Consultation between the project sponsor and neighbors prior to application submittal;

A more focused process that emphasizes impacts on adjacent properties rather than more
general building design issues; and

More certain time limits for completing the design review process.

Specific provisions include:

Prior to application submittal, referral of plans by the project sponsor to neighboring

property owners for their review, including signatures acknowledging that they have
reviewed the plans;

Following application submittal, notice to neighboring property owners advising them of

their right to request mediation to address any design issues concerning the proposal;

A 30-day mediation period, with half of the mediation costs paid by the project sponsor
and the other half shared equally among participating neighboring property owners, and
a report to planning staff on the results;

Decision by planning staff within a 30-day time limit if no mediation, and a 75-day time
limit with mediation; and

Appeal possible only if one side (applicant vs. adjacent owners) refused mediation; in
this case, anyone on the opposing side could appeal the staff decision to a newly created
Residential Appeals Committee of the City Planning Commission.

Robe11 C. Bobb
October 16, 2001

Page 7

Mediated Residential Design Review would be available in City Council District One
(North Oakland) and the S-14 Zone and apply to one to two unit new construction projects
or upper floor additions which do not result in buildings over 3,500 square feet in floor area
(excluding below grade areas and up to 440 square feet of garage or carport area). The
existing "Regular" Design Review procedure would apply to projects resulting in over 3,500
square feet of floor area.
Additions and alterations and that do not involve upper floor additions or result in over
3,500 square feet would be processed under the existing Special Residential Design Review
(SRDR) procedure. This will eliminate neighbor notification for such projects in the S-14
Zone but represent no procedural changes for such projects in the portions of District One
outside S-14. SRDR exemptions will also apply -- additions and alterations that do not
increase the footprint, floor area or wall area over ten percent and which match the existing
building will be exempt from design review.
The new procedural framework is set forth in a new "S-18 Mediated Residential Design
Review Combining Zone" (see new Chapter 17.101B). The S-18 Zone would be mapped as
an overlay zone covering the existing S-14 Zone area and all of City Council District One.
The Mediated Residential Design Review procedure is set forth in a new Chapter 17.14 7.
The existing procedural sections of the S-14 Zone are deleted since they would be replaced
by the S-18 Zone provisions.
(3) Definitions.
Various definitions have been revised, added to, or deleted from Section 17.09.040. Many
of these expand existing S-14 definitions to the entire City, eliminating several dual sets of
definitions for S-14 and areas outside S-14.
The most significant new and revised definitions are those for "finished grade", "height", "lot
coverage", "street to setback gradient" and "upper story".
(4) Zoning Map Changes.
The proposed zoning map changes apply the new S-18 Mediated Residential Design Review
Combining Zone to the existing S-14 Zone and City Council District One.
KEY ISSUES AND IMP ACTS
Changes and Clarifications to Council-Endorsed Proposal

The draft ordinance generally reflects the proposal endorsed by the City Council on May 29,
2001. Certain items required clarification or greater detail than was decided by the City Council.
The items involving further detail or minor changes are discussed below.

Robert C. Bobb
October 16, 2001

Page 8

( 1) Lot coverage limits.

The City Council endorsed a 40% lot coverage limit for level sites (less than 20 percent
slope), in all zones excluding garages, but this was subject to adjustment pending further
analysis. The new standard for building length limits facing side lot lines, proposed for
sloped sites, was to be considered for level sites as well, in combination with the lot coverage
limits.
The proposal set forth in the draft zoning text instead uses a sliding scale of lot coverage
limits that is summarized as follows:

Zone

Min. Lot Size (sq.ft.)

R-1
R-10
R-20
R-30
R-35

43,560
25,000
12,000
5,000
5,000

R-36

5,000

R-40
R-50

5,000
4,000

No. ofRegular Dwelling Units

1 reg. unit per lot
1 reg. unit per lot
1 reg. unit per lot
1 reg. unit per lot
2 units per lot w/Conditional
Use Permit (CUP)
2 units per lot over 4,000
sq.ft.; 3+ units w/CUP
Same as R-36
Same as R-36

Proposed Lot
Coverage Limit
15%
20%
25%
40%
40% (50% w/CUP)
40% (50% w/CUP)
40% (50% w/CUP)
50%

The above limits would apply only to projects that are on sites less than 20 percent
slope and result in one or two units per lot. They would not apply to projects resulting
in three or more units per lot or to any project on a site of 20 percent slope or more. In
formulating the above proposal, staff surveyed the lot coverage limits used for one to two
unit residential zones in nearby cities.
It should be noted that other cities apply lot coverage limits citywide on sloped sites as

well as flat sites. Reasons to limit lot coverage on sloped sites are: to allow maximum
water percolation to prevent erosion and landslides; and to promote large planted areas
that retain the natural landscaped character of hillside terrain. However, application of
lot coverage limits to sloped sites was not part of the City Council-endorsed proposal.
The term "lot coverage" in the zoning text's definitions section includes all structures
over six feet above finished grade, including: garages; other accessory structures; and
projections such as desks, balconies and bay windows; but excluding non-habitable
accessory structures ofless than 120 square feet that do not require a building permit.

Robert C. Bobb
October 16, 2001

Page 9

The new building length limits for sloped sites are not proposed to be combined with the
lot coverage limits. Staff believes that these building length limits are primarily relevant
to sloped lots where views are a major issue.
(2)

Method for determining increased height limits toward center of lot.

The City Council endorsed proposal sets a height limit at side yard setback lines (26' on
slopes below 20 percent; 30' on slopes 20 percent or more) that increases at a 45 degree
angle (1: 1 upslope) toward the center of the lot up to a prescribed maximum height (32'
on slopes below 20 percent and on 20-40 percent downslopes; 36' on downslopes 40
percent or more; and 35' on upslopes 20 percent or more).
The proposed ordinance instead uses a simpler definition -- stating that the height limit is
the lower of the City Council-endorsed numbers, but that projects can go up to the higher
limit if there is a pitched roof sloped at least 1:3 (rise:run) and (to discourage mansard
roofs) no more than 2:1. The pitched roof approach is already used in the R-36 Zone and
in cities such as Seattle. Staff believes that the pitched roof approach is easier to
understand than the City Council-endorsed approach and accomplishes the same
objectives, i.e. to minimize solar access impacts on neighboring properties and reduce
building bulk by encouraging designs with sloped roofs.
At its September 5, 2001 meeting the City Planning Commission in response to public
comments, requested consideration of an alternate height limit system based on "average"
height, which is the method used in Berkeley as well as several other jurisdictions. The
"average" height method would be part of the design guidelines and would apply to
Conditional Use Permits and Variances for height increases.

(3)

Changes to City Council-endorsed height limits for slopes below 20 percent.

The City Council-endorsed height limit for slopes below 20 percent in zones R-1 through
R-50 is 26 feet, increasing to 32 feet as described in Item 2 above. The draft ordinance
changes these limits to 25 feet and 30 feet, except in the R-36 Zone where the existing 30
foot height limit (35 feet for pitched roofs with a Conditional Use Permit) is retained.
Staff is recommending the 25/30 foot limits so that they do not exceed the existing 30
foot maximum height for slopes less than 20 percent. The 25/30 foot limits will still
allow a two story building with raised basement and attic.

(4)

Requiring Mediated Design Review for upper story deck additions over ten feet in depth
that face one or two unit residences across side or rear lot lines.
The City Council-endorsed proposal required Mediated Design Review for "upper story
additions", but did not specify whether such additions included open structures such as
decks. The proposed ordinance requires Mediated Design Review for deck additions

Robert C. Bobb
October 16, 2001

Page 10

greater than ten feet in depth, because they can have significant view and privacy impacts
on neighbors.
(5)

Renters' participation in mediation

The City Council-endorsed proposal allowed both owners and renters of adjacent
properties to request and participate in mediation. However, the City Council asked that
the role of renters be further evaluated. The proposed ordinance only allows renters to
participate in mediation if they are authorized to act as owners' agents.
The reason for this is that during mediation, owners and renters of the same property
could take opposing positions. Since owners have the longer term interest, staff believes
that it is more appropriate for owners to be the designated interested party, but allow
owners to authorize renters to participate on their behalf.

(6)

Changing City Council-endorsed Residential Design Review Appeals Board to a

Residential Appeals Committee of the City Planning Commission.
Under the City Council-endorsed proposal, Mediated Design Review and other
residential Design Review decisions would be by staff with potential appeal in certain
cases to a newly-created three-member Residential Design Review Appeals Board,
consisting of two members of the City Planning Commission and one member appointed
by the American Institute of Architects.
Following City Council endorsement of the proposal, staff reviewed the City Charter and
determined that the Charter requires all City board and commission members to be
appointed by the Mayor and confirmed by the City Council. Moreover, if the Appeals
Board were created, it could take several months for the Board members to be selected,
delaying full implementation of the proposal.
Given the above considerations and that Mediated Residential Design Review would
initially be only a one-year pilot program, the draft ordinance provides that all appeals be
handled during the one-year pilot program by a newly-created Residential Appeals
Committee of the City Planning Commission. This would apply not only to Mediated
Residential Design Review appeals but to all other appeals under the Zoning
Regulations of Planning Director decisions involving one or two unit residences that are
now appealed to the full Planning Commission (minor variances, minor conditional use
permits, "regular" design review, administrative appeals).
Sections 17.03.010 and 17.03.040 of the revised zoning text establish the Residential
Appeals Committee. The Committee's authority to hear appeals is set forth in Chapters
17.132 (Administrative Appeals), 17.134 (Conditional Use Permits), 17.136 and 17.142
(Regular Design Review), 17.148 (Variances) as well as 17.14 7 (Mediated Residential
Design Review).

Robert C. Bobb
October 16, 2001

(7)

Page 11

Changes to Mediated Residential Design Review procedure to conform with

confidentiality provisions in state law.
These changes were recommended by the Planning Commission's Design Review
Committee based on advice from the City Attorney. The changes respond to Section
1121 of the California State Evidence Code which, among other things, limits the subject
matter of a mediator's report to whether an agreement was reached through mediation,
except where all parties to the mediation agree to the inclusion of other information. This
Evidence Code provision is intended to preserve confidentiality and was reinforced by a
July 9, 2001 decision by the California Supreme Court in Foxgate Homeowner's
Association Inc. v. Bramalea California. Inc. The Court held that: (1) neither a mediator
nor a party to mediation may reveal communications made during a mediation; and (2) a
mediator may not report to the court about the conduct of participants in a mediation.
The original draft zoning text, based on the City Council-endorsed proposal, stated: "The
mediator shall submit a report on the mediation to the City Planning Department. The
report shall detail all items on which agreement was reached. On items on which
agreement could not be reached, the report shall state the different sides' starting and
ending positions and any proposals presented concerning these issues". This language is
inconsistent with the Evidence Code's confidentiality provisions and the Supreme Court
decision. The draft ordinance text in Attachment C retains most of the original text's
language, but limits the contents of the mediator's report to whether an agreement was
reached, unless all parties to the mediation agree otherwise. See shaded text in Section
17,147.040 of the draft zoning text.

(8)

Posting by project sponsor of notice of proposed project prior to Mediated Residential

Design Review application rather than within 24 hours of application as directed by the
Council.
This change will provide earlier public notice to neighbors and is easier to enforce since
staff will require the project sponsor to include a photograph of the posted notice as part
of the application submittal. A second notice will be posted by staff following
application submittal. See Section 17.147.030B and 17.147.040Aofdraftzoningtext.

Other Issues.
(1)

Proposed 42 inch wall and fence heights in street fronting yards and prohibition of
Exterior security bars on street-facing elevations.
The existing standards are six foot fence and wall heights in street-fronting yards and no
restrictions on security bars. Several speakers at the Commission meetings and at
previous community meetings on these proposals were concerned that the proposed
standards would compromise security in high-crime neighborhoods. The standards were
proposed because tall front yard fences and exterior security bars are a major source of

Robert C. Bobb
October 16, 2001

Page 12

visual blight in some parts of Oakland and communicate a message that the community is
unsafe and undesirable.
The proposed standards would still allow interior security bars, as well as security bars
and eight foot walls and fences on side or rear elevations where most break-ins occur.
Six foot fences would still be allowed in street-fronting yards with a Conditional Use
Permit.
(2)

Design Guidelines.
For maximum effectiveness, the proposed zoning text and map changes will require
revisions to some of the existing design review guidelines and in some cases new
guidelines as set forth in Attachment B. Staff has begun developing the new and revised
guidelines, but adoption is not expected until about three months after the effective date
of the zoning text and map changes in order to allow time for the guidelines to be
developed and reviewed with stakeholders and the community at large. Staff believes
that the existing design guidelines can continue to be used for this relatively brief period
without compromising the integrity of the new program.

(3)

Improved Enforcement
The Residential Design Review Working Group unanimously recommended
strengthening existing enforcement mechanisms.
Extensive construction activity
inconsistent with both the existing and proposed standards is occurring in Oakland
without permit. Projects that do obtain permits are sometimes not built according to
approved plans, with the inconsistencies usually either not found during inspections or
discovered only during final inspection, when correction can be difficult and costprohibitive.
Specific suggestions from the Working Group included: (a) separate zoning inspections
upon completion of work for all projects involving exterior work, including projects
exempt from Design Review; (b) framing inspections for new construction and additions
that are close to height limits or setback lines; and (c) submittal of photographs for all
projects involving exterior work (including exempt projects) to help determine whether
unapproved changes to the property occurred after commencement of work Additional
suggestions made at the Planning Commission September 5, 2001 meeting included
provision of enforcement staff on weekends when much illegal work occurs.
Staff strongly agrees that improved enforcement is needed. One position is currently
dedicated toward enforcement. Two additional positions are authorized in the 2001-2003
budget. Illegal work is currently charged double fees.
At its May 29, 2001 meeting the City Council directed staff to address issues of
enforcement, including weekend enforcement, concurrent with the subject ordinance.
Unfortunately, specific enforcement recommendations could not be included with the

Robert C. Bobb
October 16, 2001

Page 13

ordinance due to the time required to prepare the extensive zoning changes in the
ordinance and their review by the City Planning Commission. However, staff will
investigate an improved enforcement structure and recommend specific improvements to
the Council for consideration within six months of adoption of the ordinance.

RECOMMENDATION AND RATIONALE

Staff requests that the City Council:

Find that adoption of the proposed ordinance is exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3), "general rule", no possibility of
significant effect on the environment, of the CEQA Guidelines; and

Adopt the proposed ordinance.

The program revisions that would be implemented by the ordinance have been developed over
many years. Adopting the ordinance will mark a major step forward in response to extensive
ongoing zoning and design review issues related to single family homes and duplexes. The
ordinance:

Addresses the issues of height and bulk, which are very important now that houses are being
built to maximum envelopes -- both in the hills and flatlands -- as land values and preferred
house sizes have increased.

Simplifies and improves Oakland's system for zoning standards by citywide application of
the standards that have worked so well in the S-14 Zone.

Adds standards for garages and parking that are needed to protect the character of older
traditional neighborhoods.

Adds S-14 based parking standards to ensure adequate off-street parking in hill areas with
narrow streets where fire safety and the potential for rapid evacuation is critical.

Establishes a mediation process on a trial basis where neighbors and applicants are
encouraged to talk early, and work together on compromise solutions, within a time-limited
process.

ENVIRONMENTAL OPPORTUNITIES
Adoption of the ordinance would enhance environmental conditions by (1) limiting impervious
surfaces such as building coverage and paved areas; and (2) promoting solar access to existing
residences through reduced height limits and wider sideyards.

Page 14

Robert C. Bobb
October 16, 2001

SENIOR/DISABLED ACCESS

All projects that would be subject to the provisions of the proposed ordinance must conform with
Building Code requirements for senior and disabled access.
ACTION REQUESTED OF THE CITY COUNCIL

That the City Council:

(1)

Find that adoption of the proposed ordinance is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA
Guidelines;

(2)

Adopt the proposed ordinance; and

(3)

Direct staff to prepare an additional ordinance for City Council consideration amending
the Master Fee Schedule to provide fees for Mediated Residential Design Review and
revise other fees as appropriate related to design review and plan check of one and two
unit residential projects.

Executive Director
Prepared by:
Leslie W. Gould, Director of Planning & Zoning
Christopher Buckley, AICP, Planner III

APPROVED AND FORWARDED TO

THE COMMUNITY &ECONOMIC
DEVELOPMENT COMMITTEE:

(12 J4

C.,,

(j) ~-&~~

Offic~ of the City Manager

b, 1)-\
COMMUNITY & ECONOP.IIC
DEVELOPMENT CMTE.

Robert C. Bobb
October 16, 2001

Attachments: A.
B.
C.
D.
E.

F-M292 CouncliRptl-2 UmtOnl I0162UOIC

Page 15

Comparison of existing and proposed zoning standards

Proposed design review process framework
Proposed Ordinance
Existing design review processes for 1-2 unit residential projects
Letters received from May 29, 2001 through September 24, 2001 (see May 8,
2001 Council Agenda Report for letters received prior to May 29, 2001 ).

Comparison of Existing and Proposed Zoning Standards

for One-Family and Two-Family Zones
REVISED: August 9, 2001

Community and
Economic
Development Agency

Note This is a revision of the chart dated July 25, 2001

Introduction

Contents:
Subject

Page#

1.

Height Limits

2.

Side Yards

3.

Front Yards

4.

Rear Yards

Building
Length along
Side Lot Lines

6. Lot Coverage

Paving

8. Parking andDriveways

9. Fences and

R-20 Low-Density Residential One unit per 12,000 SF

Zone
R-30 One-Family Residential One unit per 5,000 SF
Zone
f--=--::-::--::-----c,..-;-::---=-::---t-:::-..,----::---::-:::-::-::--::-::::----1

Lack of open space

around houses

The number of units allowed on each lot for each

of these zoning districts
would not change. Existing
zones and their densities are
summarized to the right.:

11. Security Bars

12. Landscaping
13. Measurement
Standards:
Building Height,
Slope, and 20%
Slope

Zoning Districts

7
8

R-35 Special One-Family

Residential Zone

R-36 Small Lot Residential

Zone
R-40 Garden Apartment
Residential Zone

Excessive paving in
the front yard.

One-two units per 5000 SF

Second unit requires Conditional Use Permit
Two units per 4000 SF

Two units on a 5000 SF lot

R-50 Medium Density ResiTwo unit on a 4000 SF lot

dential Zone
S-14 Community Restoration One unit per lot
Development Zone (Fire
Area)
S-11 North Hill Area Design
Review Zone

Retaining Walls
10. Utility Meters
and trash containers

Allowed Density

One unit per acre (43,560 SF)

R-1 One-Acre Residential
Zone
R-1 0 Estate Residential Zone One unit per 25,000 SF

Blocking of views and

sun access

Limits

7. Front Yard

Zoning District

This document summarizes

the new proposed rules for
single-family homes and duplexes in the City of Oakland.
The purpose of these new
rules is to address issues of
concern, such as
Houses that are too
tall and bulky

~------------+---~

5.

New or modified provisions are underlined

Proposed

Existing

1. Height Limits
1;1Heig!ltlimits: .

Flat arid. Low Slope Lbt.s (Less than 20% slope)

<

. . ;. ...

R-1, R-10, R-20, R-30, R35, R-40, R-50, S-14

. .

.;. :

30 feet

..
25 feet by right
30 feet for pitched roofs
One Story Context:
15 feet within front 12 feet
of buildable area, only if at
least 60% of the five closet
buildings on each side and
ten across the street are
one story.

R-36

30 feet by right,
35 feet for pitched roofs
with Use Permit

Same as existing, but with

"One Story Context" provision described above.

ATTACHMENT A

PAGE2

COMPARISON OF EXISTING AND PROPOSED ZONING STANDARDS

Zoning Districts

Proposed

Existing

1.2 Height Limits-Sloped Lots (greaterthan 20% slope)

R-1 R-1 0, R-20, R-30, R-35, R-36,
R-40, R-50, S-14
I

Downslope: 40 feet, but no higher

than 20 feet above finished grade
at mid-point of the front lot line

20-40% Downslope:
30 feet at side setback;
32 feet for pitched roof
(36 feet w/ Use Permit)
40%+ Downslope:
30 feet at side setback;
36 feet for pitched roof
(40 feet w/ Use Permit)

Upslope: 35 feet

Upslope: 30 feet; 35 feet for

pitched roof

Downslope - Street-Side Height:

No higher than 20 feet above any
point along edge of pavement next
to front lot line (18 feet in S-14 District)

Downslope:
18 feet above any point along the
edge of pavement (R-1 through R50 and S-14)

Upslope - Street-Side Height

(applied only in S-14):
No higher than 24 feet

Upslope -Street-Side Height

(Applicable to R-1 through R-50
and S-14)
No higher than 24 feet.
Upslope Rear Yard:
24 feet maximum at rear setback
line.

Exceptions for Garages

Allowed

None

1.3Height Limits-Accessory Structures

...

.CC

Required Front Yards: Accessory

structures not permitted

No change.

Required Side and Rear Yards: 12'

Required side and rear yards:

Wall height: 9'
Roof height: 12'

Other Locations: 15'; 18' in S-14 if

over 20% slope.

Other locations:
15' in all cases

R-1 R-1 0, R-20

6 feet

6 feet or 15% of lot width, whichever is greater

R-30

5 feet

5 feet
On slopes over 20%, 5 feet or 10%
of lot width, whichever is greater

S-14

5 feet, with combined side yards

equal to 20% of lot width

Same as proposed for R-1, R-1 0,

R-20 and R-30.

R-35, R-40

5 feet

Same

R-36

3 feet if less than 4000 SF or 45'

wide.
5 feet if more than 4000 SF or 45'
wide.

Same

R-50

4 feet

Same

All zones.

2. Side Yards
I

COMPARISON OF EXISTING AND PROPOSED ZONING STANDARDS

Zoning Districts

Existing

PAGE 3

Proposed

3. Front Yard
3.1 FrontYard'-Fiat!Low Slope Lots (Lessthan 20% slope)
""

R-1, R-10

25 feet

Same

R-20, R-30, R-35, R-40, S-14

20 feet

Same

R-36

10 feet, for lots less than 4000 SF

or less than 45' wide

Same

R-50

15 feet

Same

R-30, R-35, R-36, R-40, R-50No provisions

Adjoining properties have less than
required setbacks
25 feet if combined with R-1 orR20; 20 feet if combined with R-20
or R-30.

S-14

Allow reduced front yard setback

equal to the deeper of the two
buildings on either side.
Same.

32FrontYardSloped Lots (morethan 20% slope}

""
,",

"

"

";<

",

5 feet

5 feet for building widths up to 60%

of lot width; 20 feet for portions of
building exceeding 60% of lot
width
20 feet at garage/carport vehicular
entries

R-1 and R-10

R-20
R-30

35 feet
25 feet
20 feet

20 feet, plus an additional 0.5 feet

for each additional foot of lot
depth, up to a maximum requirement of 80 feet

R-35, R-36, R-40, R-50

15 feet

Same

S-14

20 feet, plus an additional 0.5 feet

for each additional foot of lot depth
over 100 feet, up to a maximum
requirement of 80 feet

Apply this "deep lot" rule to R-1,

R-10, R-20, R-30, as described
above.

R-1 through R-50

4. Rear Yard

5. Building Length Along Sides

R-1, R-10, R-20, R-30

None

On slopes over 20%, limit the

length of buildings facing side lot
line to 35 feet if within the greater
of:
10 feet of a side lot line; or
the distance from the side lot
line equal to 20% of lot width

None

R-1: 15%; R-10: 20%; R-20: 25%;

R-30: 40%; R-35 through R-50:
40%; 50% for duglexes with Use
Permit.
Agglies onl~ to sloges less than
20%.

6. Lot Coverage Limits

R-1 through R-50

PAGE4

COMPARISON OF EXISTING AND PROPOSED ZONING STANDARDS

Zoning Districts

Existing

Proposed

None

Maximum percentages of paved

surface areas in street fronting
yards, including any unimproved
rights-of-way 50% (Corner lots
30%; through lots 25%)

7. Front Yard Paving

R-1 through R-50

Paved surfaces include driveways,

walkways, patios, and structures.

8. Parking and Driveways

a, 1 Number of Parking Spaces (Note: Except where indicated otherVolise, 50% ofall required spaces may be
tandem. See Section 8:3)

R-1, R-1 0, R-20, R-30

'

2 spaces for lots with parking on

one or both sides of the street, for
1 nontandem space per secondary lots with an average width of 55
unit. No spaces allowed in right-of- feet or less, or for steep lots meeting certain criteria.
way.
2 spaces per primary unit.

3 spaces for all other lots.

Allow parking in the public right of
way if meeting certain standards,
as currently in S-14 district.
R-35, R-36, R-40, R-50, S-11

No change.

8.2 Garage and Carport Width

,,

. :;.

All residential zones.

None.

R3 TandernParking

,,

All residential zones.

,,,

If within 30 feet of a street line:

22 foot maximum width; and
If attached to the primary residence, no more than 50% of
the residence width.
Exceptions allowed with Regular
Design Review .
I

./

': ..

Up to 50% of required offstreet

parking may be tandem.

..

..,

..

1.<

No change

;.. 'L

COMPARISON OF EXISTING AND PROPOSED ZONING STANDARDS

PAGE5

Zoning Districts

Existing

Proposed

8.4Parking in Front Yards

All zones.

Open nontandem required spaces are Limit front yard parking to tandem
permitted within required front yards,
parking on allowed driveways.
but not garages or carports.
'

8.5 Location ofParking to Side or Rear

All residential zones.

'
'

None, but existing Special Residential

Review New Construction Checklist
encourages parking at the side or
rear if consistent with neighborhood
context.

'

Require garages, carports, and any

open required parking spaces to be at
the side or rear of the primary residence and at least 25' from the front
lot line, when at least 60% of the residences on the five closest lots on
each side and the ten closest lots
across the street have garages, carports, and open required parking
spaces which are:
(a) Located to the side or rear; and,
(b) At least 25' back from the front lot
line.
Does not apply to lots with less than
35' of street frontage if garage is less
than 50% of building width.
'

8.6 Additional Setbacks for Garages irlFrontYard

All residential zones.

':': ,,

'

None.

Require attached or detached garages or carports within 25' of front lot

line to be either:
(a) set back at least 4' from face of
residence closest to street; or
(b) Located below living space and
set back at least 1.5' from upper
level
Does not apply to slopes over 20%.
Exceptions are allowed with Regular
Design Review.
;

8.7 Driveways:,

9' minimum, no maximum (however,

Building Services limits curb cut
widths to 19')

All residential zones.

',,

'

'

'

'

',

,(

,,

Incorporate Building Services' standard into Zoning Regulations.

Retain 9' minimum. Add 19' maximum.

8.8 Multiple Driveways

All residential zones.

,:'

'

',:

,''',

; ;

'

;',

'

:' '-

'

None in Zoning Regulations, but the

Building Services Division requires
25' minimum separation of curb cuts
on same lot.

' '
'
Limit driveways to one per lot in all
cases.

COMPARISON OF EXISTING AND PROPOSED ZONING STANDARDS

PAGE6

Zoning Districts

Existing

Proposed

9. Fences and Retaining Walls

9.1 Front Yard Fences
All Zones.

6' height limit in front yards

and street side yards of a
corner lot; 8' height limit in
other required yards.
Heights can be increased to
any level with Use Permit

Height Limits:
1.
2.

Street fronting yards and street sides of corner

lots: 42"; 6' with Use Permit.
Side and Rear Yards: 8'

Restricted Materials:
a) Barbed wire and razor wire: Not permitted.
b) Chain link: Not permitted if higher than 42
inches in street fronting yards.
c) Plain concrete block: Not permitted unless
capped and finished with stucco or other material approved by the Planning Division .
....

9.2 Retaining Walls

S-14

(a) Maximum height: 6'

(b) Separation of multipte walls: Equal to
height of lower wall.
(c) Walls visible from
public street or alley:
Use architecturally
treated surfaces.

All Zones: Same as for fences and walls if in street

fronting yards; ' maximum height and 4' minimum
separation elsewhere.
Height exceptions allowed in certain cases for retaining walls flanking upslope driveways.

Exceptions to above allowed if approved under

Administrative Review of
Retaining Walls.

S-11

Retaining walls over 8'

require Regular Design
Review.

R-1 through R-50

6' height limit in front

yards and street side
corner yards of a corner
lot; 8' height limit in other
required yards.

10. Utility Meters and Trash Containers

All zones.

None

Utility Meters: Either

A) Locate within a box set within the building
B) Locate on a non-street fronting elevation; or
C) Screen with vegetation
Trash Containers: Provide storage area that is
screened from street and adjacent properties by a
wall, fence, or dense landscaping at least 4' high.

PAGE?

COMPARISON OF EXISTING AND PROPOSED ZONING STANDARDS

Zoning Districts

Existing

Proposed

None.

Exterior security bars and grills on street facing

elevations not permitted.

11. Security Bars

All zones.

Exceptions allowed if consistent with building's

architectural style, as defined.
Require removal of nonconforming bars and grill
for all variances, use permits, design review or
other zoning permits.

12. Landscaping
S-14

(a) Street frontages: Complete landscaping including one 15-gallon

tree per 20' of frontage without
sidewalks and per 25' of frontage
with sidewalks. Frontages with
sidewalks require street trees,
subject to approval by the City's
Tree and Sidewalk Section.
(b) Downhill lots: If height of rear elevation exceeds 15' and slope is
20% or more, provide screening
as follows: One 15-gallon tree or
five 5-gallon shrubs for each 15' of
lot width at rear face of residence
that will screen lower 10' of structure at maturity.
(c) When required: The above landscaping and a completed landscape plan is normally required
for all new construction.
(d) Landscape bond: If required landscaping is not installed, a $2,500
bond must be posted prior to issuance of a Certificate of Occupancy.

Other zones:

(a) Projects requiring Special Residential

If new construction,
Design Review:
landscape plan required for street fronting yards in order to receive landscaping
points on New Construction Checklist or
to make Discretionary Criteria findings.

Landscape plan normally required for entire site for projects adding a second unit.
(b) Projects requiring Regular Design Review: Landscape plan normally required
for entire site.

Apply S-14 requirements with the following

changes:
(a) When required: Addition of a unit as well
as new construction.
Landscape plan
needs to show only street fronting yards
and unimproved right-of-way, except for:
1.

Projects adding a second unit, which

must show entire site.

2.

Projects involving grading or exceptions to rear wall height limits on downhill lots, which must also show landscaping for these areas.

(b)

Landscape bond: Replace with either a

cash deposit or letter of credit equal to the
estimated cost of required landscaping,
based on contractor's bid.

(c)

Street frontages: Expand S-14 tree requirements to second units and additions
over 500 SF or on upper floors. On streets
without sidewalks, leave 5' strip unplanted
along edge of pavement, as required by
Building Services.

PAGES

Zoning Districts

COMPARISON OF EXISTING AND PROPOSED ZONING STANDARDS

Existing

Proposed

13. Measurement Standards: Building Height, Slope and 20% Slope

13.1 Method for Measuring Height
S-14

Define height as the vertical distance from any All zones: Use S-14 method.
point on top of the structure to a line directly
below that connects the opposite exterior
walls at finished grade.
Measure height within 10' of a retaining wall
from the lower of:
a) finished grade at the base of the structure
being measured; or
b) finished grade at the base of the wall

All other zones

Define height as the vertical distance from any

point on top of the structure to the finished
grade directly below.
. .

.13.2 Method for determining 20% slope

S-14:

For front setbacks: Use existing gradient

from edge of street pavement to 20' front setback line. Measure at midpoint of front lot
line and perpendicular to edge of pavement.
For height limits: Use existing gradient of
proposed building footprint, measuring perpendicular to topographic contours at the
steepest point.

All other zones

Use finished gradient from midpoint of front

lot line to farthest opposite point of lot depth.

All zones: Use S-14 method.

Residential Design Review for 1-2 Units

PROPOSED REVIEW PROCESSES AND ASSOCIATED GUIDELINES
July 25, 2001

OVER THE COUNTER

Exempt from design review
Staff sign-off
SPECIAL RESIDENTIAL
DESIGN REVIEW (SRDR)
No neighbor notice
Staff decision
No appeal

Citywide

MEDIATED DESIGN REVIEW

{NEW)
Limited neighbor notice
Staff decision
Limited appeal
REGULAR DESIGN REVIEW
Full neighbor notice
Staff decision
Full appeal to Planning
Commission

Fire area (S-14)

Council District 1

Citywide

Small alterations/additions
(less than 10% expansion) that
match existing
Alterations/additions and new
construction involving 1-2
units

Upper story additions

New construction (if less
than3500 s.f.)
.

F-M291 :DesRevProcessGuidelinesChart7-25-01

PROJECT TYPES

WHERE IT APPLIES

PROJECT REVIEW PROCESS

Fire area and Council

District 1
S-1 0 Scenic Route
S-11 North Hills
R-36 Small Lots
S-7 Historic Districts/
Landmarks
Conditional Use Permits
Variances

All alterations, additions and

new construction

DESIGN GUIDELINES THAT

APPLY

SRDR Checklists:
(existing documents)
Alterations and additions -design compatibility with
existing building
New
construction:

- Design review checklist

- Fit with neighborhood
context (only for
traditional grid street
neighborhoods)
Same as SRDR plus the following
. review criteria:
(new -- to be developed)
Bulk, views, privacy and
solar access

Hillside guidelines (derived

from existing S-14 design
guidelines)

Design guidelines for overall

design quality and integrity
(new -- to be developed)

ATTACHMENT B

APPROVED AS TO FORM AND LEGALITY

.. I

/7u. vk ? - Zlj t;Uif7

1

INTRODUCED BY COUNCJLMEMBER _ _ _ _ _ _ _ _ _ __

CiTY ATTORNEY

ORDINANCE No. _ _ _ _ C. M. S.

AN ORDINANCE AMENDING THE OAKLAND PLANNING CODE TO REVISE THE

ZONING STANDARDS AND DESIGN REVIEW PROGRAM FOR ONE AND TWO
UNIT RESIDENTIAL FACILILTIES, TO ADOPT RELATED ZONING MAP
CHANGES AND TO ESTABLISH A RESIDENTIAL APPEALS COMMITTEE OF THE
CITY PLANNING COMMISSION TO HEAR ALL APPEAL INVOLVING ONE AND
TWO UNIT RESIDENTIAL FACILITIES AND NO NONRESIDENTIAL FACILITIES

WHEREAS, on May 29, 2001, the City Council by motion, endorsed a conceptual
proposal for revised zoning standards and design review program for one and two unit residential
facilities; and
WHEREAS, saiq proposal resulted from numerous studies and public meetings
conducted since 1996, including meetings by a Residential Design Review Working Group
created by the City Council; and
WHEREAS, the existing residential design review program is too complex and too time
consuming and subjective in many cases; the existing zoning standards allow houses that are
excessively large and tall, and block views; and said proposal will help correct these
deficiencies; and
WHEREAS, The City Planning Commission reviewed and commented on said proposal
at its meeting of July 25, 2001; and
WHEREAS, the Commission's Policies and Procedures Committee considered the
appeals process of said proposal at its meeting of August 8, 2001; and
WHEREAS, The Commission's Design Review Committee considered draft
amendments to the Oakland Planning Code to implement said proposal at its meeting of August
22, 2001, and recommended approval of said amendments, with revisions, to the full
Commission; and
WHEREAS, The City Planning Commission held a duly noticed public hearing on said
amendments on September 5, 2001, and voted to recommend approval of said amendments, with
further revisions, to the City Council; and
WHEREAS, the requirements of the California Environmental Quality Act (CEQA) of
1970, as prescribed by the Secretary of Resources, and the City of Oakland's envirR_nmental
lJ -I
1
600-245-005 (7/83)

review requirement have been satisfied, and that in accordance with Section 15061 (b )(3 ), of the
California Code of Regulations this ordinance is exempt from the provisions of CEQA; and
WHEREAS, the City Council finds and determines that the public safety, health,
convenience, comfort, prosperity, and general welfare will be furthered by this ordinance, now,
therefore
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. The Oakland Planning Code is hereby amended to add, delete, or modify
chapters, articles and sections as set forth below (chapter, article and section numbers and titles
are indicated in bold type, additions are indicated by underlining, deletions are indicated by
strike out type, and additrons and deletions made since the City Planning Commission's
September 5, 2001 meeting are indicated by ~~~!l::::oo&P.~; portions of the Code not cited, or not
shown in underlining or strike-out type, are not changed):
Chapter 17.03 CITY PLANNING COMMISSION
17.03.010
City Planning Commission, Landmarks Preservation Advisory Board and
Board of Adjustments.

I.

Removal. To assure participation of Commission and Board members, attend~nce by the

members ofthe Commission and Board at all regularly scheduled and special meetings of
the Commission and Board shall be recorded, and such record shall be provided
semiannually to the Office of the Mayor for review. A member may be removed pursuant
to Section 601 ofthe City Charter. Cause for removal shall include, among Among other
things, conviction of a felony, misconduct, incompetency, inattention to or inability to
perform duties, eF absence from three consecutive regular meetings, or, for members of
the Commission's Residential Appeals Committee, absence from three consecutive
regular meetings of the Committee, except, in the case of absences, on account of illness
or when absent from the oity-by permission of the Commission or Board shall constitute
cause for removal.(Ord. 12054 1(d), 1998; Ord. 11776 1-3, 1995; prior planning
code 2)

17.03.040

Residential Appeals Committee of the City Planning Commission.

There is created a Residential Appeals Committee of the City Planning Commission consisting
of three members of the Commission. The Committee shall decide all appeals of decisions by the
Director of City Planning as set forth in the Zoning Regulations. The method for appointing

Committee members and the length of Committee members' terms shall be as set forth in the
Commission's Rules ofProcedure.

Chapter 17.09 DEFINITIONS

17.09.040

Definitions

"Area Damaged by the 1991 Firestorm" means all of that area situated: beginning at the
intersection of the Claremont Avenue and the westerly line of the University of California,
Berkeley campus, thence southerly along said westerly property line of the University of
California campus to Grizzly Peak Boulevard; thence southeasterly on Grizzly Peak Boulevard
to the most westerly line ofthe Robert Sibley Volcanic Regional Preserve; thence due south the
Skyline Boulevard; thence westerly on Skyline Boulevard to Broadway Terrace: thence
southwest on Broadway Terrace to Farallon Way; thence southwest on Farallon Way and the
extension ofFarallon Way to Pinehaven Road; thence westerly on Pinehaven Road to Broadway
Terrace; thence southerly on Broadway Terrace to Uranus Avenue; thence east on Uranus
Avenue to Sherwood Drive; thence south on Sherwood Drive to Taurus Avenue; thence west on
Taurus Avenue approximately six hundred fifty (650) feet to a path connecting Taurus Avenue
and Capricorn Avenue; thence south along said path to Capricorn Avenue; thence south on
Capricorn Avenue to Florence Terrace; thence north and west on Florence Terrace and an
extension ofFlorence Terrace across Highway 13 to Estates Drive; thence west on Estates Drive
to Masonic Avenue; thence south on Masonic Avenue to Amy Drive; thence southwest on Amy
Drive to Harbord Drive; thence southeast on Harbord Drive to Maxwelton Road; thence
southwest on Maxwelton Road to the Oakland-Piedmont border; thence northwest along said
Oakland-Piedmont border to Clarewood Drive; thence northwest on Clarewood Drive to
Broadway Terrace; thence west on Broadway Terrace to Margarido Drive; thence north and east
on Margarido Drive to Rockridge Boulevard South; thence west on Rockridge Boulevard South
to Rockridge Boulevard; thence west on Rockridge Boulevard to Broadway; thence north on
Broadway to Golden Gate Avenue; thence north on Golden Gate Avenue to Chabot Road: thence
along the extension of Golden Gate Avenue to the Oakland-Berkeley border; thence along said
Oakland-Berkeley border to the intersection of said Oakland-Berkeley border with Claremont
Avenue; thence northeast on Claremont Avenue to the point ofbeginning.
"Attic" means a space between the roof framing and the floor of such space and which is
excluded from the definition of"story."
"Basement" means the area below the lowest level of a building and which is excluded
from the definition of"story."
Buildable area" means the portions of a lot on which a building can be located as per the
provisions ofthis Code.
"Building" means a structure having a roof supported by columns or walls.

"Building bulk" means the sum of the square footage of all levels of all buildings on the
lot modified by their respective vertical heights. For purposes of this calculation, levels shall be
measured horizontally from the outside surface of exterior walls and supporting columns, and
modified by the fr'lerage vertical height of the level as prescribed in the chart belmv. Level
heights shall not include that which is below grade, and shall be measured from finished grade to
floor, floor to floor or floor to top of roof All areas shall be counted regardless of their degree of
finish or enclosure or nature ofuse.

Horizontal Area Modifier

ayerage leYel height in feet x floor modifier
0.1
1
0.2
2
0.3
3
4
0.4
5
0.5
0.9
9
1.0
10
11
1.1
1.2
12
1.3
13
14
1.4
15 continuing 1.5
The following areas shall not be included as building bulk:
1.

Unenclosed living area such as balconies, decks and porches;

2.
Areas underneath driveway ramps and areas underneath decks which are less than
thirty (30) inches high;
3.
Two hundred (200) square feet per parking space for each required parking space
located in an attached or detached garage or carport;
4.

Nonhabitable accessory structures of less than one hundred twenty (120) square

5.
For Nonresidential Facilities: arcades, porticoes, and similar open areas which are
located at or near street level, which are accessible to the general public, and which are not
designed or used as sales, display, storage, service, or production areas.
"Building Buildable envelope" means the volume of space for building~ and other
structures as defined by the minimum setbacks, and the maximum allowable building height.

"Day" means calendar day.

"Dormer" (see Illustration I-0) means a roofed structure projecting from a sloping roof
and containing a window or ventilating louver.
"Edge of the pavement" means the edge of that part of a street having an improved
surface used for vehicle travel and parking, including gutters, but not including a raised curb or
sidewalk.

Finished Grade.
"Finished grade," in all zones exceptS 14 zone, means:

a-:-.L Natural grade exterior to all buildings or structures created by any proposed
development in all those situations not covered by subsection fl1tb1 ill ofthis definition;
lr.2.
A revised grade exterior to all buildings or structures created by any proposed
development where it the revised grade is achieved under a city grading permit, subdivision
approval, or conditional use permit or other special zoning approval, or through officially
approved work in a public right-of-way.
2.
"Finished grade," in S 14 zone, means the natural or revised grade exterior to all
buildings or structures created by any proposed development.
"Fire Damaged Area" means all of that area situated: beginning at the intersection of the
Claremont l ...venue and the westerly line of the University of California, Berkeley campus,
thence southerly along said \vesterly property line of the University of California campus to
Grizzly Peak Boulevard; thence southeasterly on Grizzly Peak Boulevard to the most westerly
line of the Robert Sibley Volcanic Regional Preserve; thence due south the Skyline Boulevard;
thence westerly on Skyline Boulevard to Broadvvay Terrace; thence southwest on Broadway
Terrace to Farallon Way; thence southwest on Farallon \Vay and the extension of Farallon \Vay
to Pinehaven Road; thence westerly on Pinehaven Road to Broadvvay Terrace; thence southerly
on Broadv<'ay Terrace to Uranus Avenue; thence east on Uranus Avenue to Sherwood Drive;
thence south on Shenvood Drive to Taurus Avenue; thence west on Taurus Avenue
approximately six hundred fifty (650) feet to a path connecting Taurus Avenue and Capricorn
1\.venue; thence south along said path to Capricorn Avenue; thence south on Capricorn Avenue
to Florence Terrace; thence north arid west on Florence Terrace and an extension of Florence
Terrace across Highv.'ay 13 to Estates Drive; thence west on Estates Drive to .Masonic Avenue;
thence south on Masonic Avenue to Amy Drive; thence southwest on A.my Drive to Harbord
Drive; thence southeast on Harbord Drive to Mmc\velton Road; thence south\vest on }.{mnvelton
Road to the Oakland Piedmont border; thence northwest along said Oakland Piedmont border to
Clarm:vood Drive; thence northwest on Clarm,vood Drive to Broadway Terrace; thence '.Vest on
Broadway Terrace to Margarido Drive; thence north and east on }.'"fargarido Drive to Rockridge
Boulevard South; thence west on Rockridge Boulevard South to Rockridge Boulevard; thence
west on Rockridge Boulevard to Broadway; thence north on Broadway to Golden Gate Avenue;

thence north on Golden Gate Avenue to Chabot Road; thence along the extension of Golden
Gate Avenue to the Oakland Berkeley border; thence along said Oakland Berkeley border to the
intersection of said Oakland Berkeley border vvith Claremont /\:venue; thence northeast on
Claremont t\venue to the point ofbeginning.

"Floor Area"
1.

"Floor area," in all zones except the 8 14 zone for all projects except those with
one or two dwelling units on a lot, means the total of the gross horizontal areas of
all floors, including usable basements and cellars, below the roof and within the
outer surfaces of the main walls of principal or accessory buildings or the center
lines of party walls separating such buildings or portions thereof, or within lines
drawn parallel to and two feet within the roof line of any building or portion
thereof without walls, but excluding the following:

a.
Areas used for off-street parking spaces or loading berths and driveways and
maneuvering aisles relating thereto;
b.
Areas which qualify as usable open space under the standards for required usable
open space in Chapter 17.126;
c.
In the case ofNonresidential Facilities: arcades, porticoes, and similar open areas
which are located at or near street level, which are accessible to the general public, and which are
not designed or used as sales, display, storage, service, or production areas.
2.
"Floor area," (see Illustration I-2b) in the S 14 zone for all projects with one or
two dwelling units on a lot, means the total square footage of all levels of all buildings on the
lot. Levels shall be measured horizontally from the outside surface of exterior- walls and
supporting columns. The amount of floor area in each building shall be determined by the
following criteria:

a.
Floor area shall include all enclosed shafts, including stairwells, ventilation shafts
and similar vertical shafts; the floor area of such shafts shall consist of the horizontal projection
into the shaft of surrounding floor area; and
b.

Floor area shall not include: The following areas shall not be included as floor

fr:"L.

Unenclosed living areas such as balconies, decks and porches;

n.

Carports that are unenclosed on two or more sides;

lr.iii. -Twe Up to four hundred-forty ~ 440) square feet per parking space for each
required parking space located in within an attached or detached garage or carport that is
enclosed on three or more sides;

e-:-iv. Nonhabitable accessory structures not requiring a building permit of less than one
hundred twenty (120) square feet;
For 1'ffinresidential Facilities: arcades, porticoes, and similar open areas "\Vhich are
d.
located at or near street level, which are not designed or used as sales, display storage, service, or
production areas;
-'-v.'--_Unfinished understories, attics and basements as defined in the Oakland Building
Ge_de;and
VI.

Any portion of finished basements with a height of six (6) feet or less, as
measured from finished grade at the exterior perimeter of the building to the
finish floor elevation above; those portions of finished basements with a height
greater than six (6) feet shall be considered floor area.

"Front lot line" (see illustration I-2) means:

1.
On an interior lot: any abutting street line, except in the S 14 zone where an
interior lot having has more than one abutting street line, only one of the street lines shall be
considered the front lot line for the purposes of locating any facility or activity. The Director of
City Planning shall select one of the street lines as the front lot line; such selection shall conform
with any neighborhood patterns.
2.
On a corner lot: the shorter of any adjacent two abutting street lines, or portions
thereof, which intersect at an angle of not less than forty-five ( 45) degrees but not more than one
hundred thirty-five (135) degrees; provided that if such street lines, or portions thereof, are equal
in length the owner or developer of the lot may select either as the front lot line. If adjacent street
lines, or portions thereof, of a corner lot intersect at an angle of less than forty-five (45) degrees,
both such street lines or portions thereof shall be deemed front lot lines.
"Gable end" (see Illustration I-0) means the end of a gable, gambrel, gablet, jerkinhead,
shed, or similar roof consisting of a generally triangular shaped wall or vertical plane at the end
of the roof and inscribed by the edges of the roof planes and a line connecting the bases of the
roof planes.
Height.

1.
"Height," in all zones except the S 14 zone, means the vertical distance by which
a building, Sign, fence, retaining or other wall, hedge, or other facility extends at any given point
above some reference level. That level shall be assumed to be finished grade except where a
particular regulation specifies a different reference level.
~

"Height," (see Illustration I-2a) in S 14 zone, means the vertical distance of any
structure, building, fence, sign, retaining wall or other wall or hedge, or other facility measured
from finished grade at any point on top of the facility to a line directly below which connects the
opposite perimeter walls, or other perimeter support systems, at finished grade on the outside of

these walls or support systems along the perimeter of such structure to its highest point exclusive
of projecting appurtenances as defined in the zoning regulations. If any portion of a structure lies
within ten feet of a retaining wall, the structure's height shall be measured from finished grade at
the perimeter of the structure or at the base of the retaining wall, whichever is lower.
"Lot coverage" means the total land area covered by all of the structures on a lot,
including all projections, except that the following shall not be considered in determining lot
coverage:

1.

2.
3.
4.

The portions of the following structures, including railings, which are less than six
(6') feet above finished grade: uncovered and unen-closed decks. porches or
landings; and balconies and stairways;
Eaves and roof overhangs up to four ( 4) feet from a wall;
Trellises and similar structures which do not have solid roofs and which would
not otherwise be included in this definition; and
Non-habitable accessory structures of less than one hundred twenty (120) square
feet and which do not require a building permit.

"Paved surface" mea'ns a nonpermeable, all-weather surface covered by concrete, asphalt,

masonry, or a similar material and includes surfaces used for driveways, walkways, patios, and
structures.
"Pitched roof" means any roof with one or more non-horizontal planes with each plane
pitched at a vertical to horizontal ratio of no less than one to three (1 :3).
"Setback I ine" (see Illustration I-2) means a line located inside the boundaries of a lot and
parallel to a front, side, or rear lot line and set back from the front, side, or rear lot line a distance
equal to the depth of the required front, side, or rear yard.
"Slope" means the deviation of a surface from the horizontal, expressed as a percentage.
"Story" means a portion of a building between the surface of any floor and the surface of
the floor next above it, or, if there is no floor above it, the space between such floor and the
ceiling next above it, provided that the following shall not be deemed a story:
1.
A basement or cellar if the finished floor level directly above is not more than six
feet above finished grade;
2.
An attic or similar space under a gable, hip, or gambrel roof, the wall plates of
which on at least two opposite exterior walls are not more than two feet above the floor of such
space.
"Street" means a dedicated public way, other than an alley or path, having a right-of-way
not less than forty (40) feet in width, which is intended to afford the principal means of vehicular
access to abutting properties, provided that any such way which was of record on October 6,
1953 shall be deemed a street regardless of width.

"Street line" means a lot line dividing a lot from an abutting street, or private way
described in Section 17.106.020.
"Street side (of a comer lot)" means the side of a comer lot along any side lot line thereof
which is a street line.
"Street to setback gradient" means the existing gradient measured from the edge of the
sidewalk closest to the front lot line, or, if there is no sidewalk, from the edge of the pavement to
the front setback line, notwithstanding any reduced front yard setback that may be permitted on
steep slopes as provided in Section 17.108.050. The measurement shall be taken at the midpoint
of the front lot line and perpendicular to the edge of the sidewalk or, if there is no sidewalk, to
the edge of the pavement.
"Through lot" means a lot that is bounded on two opposite sides by generally parallel
streets. Any lot that meets the definition ofboth a through lot and a comer lot shall be deemed to
be a comer lot.
"Upper story" means either:
1.

any story located above the bottommost story of a building; or

2.
any story with finished floor located at least fifteen (15) feet above finished grade
at any point along the building perimeter.

Chapter 17.11A
Sections:
17.11A.010
17.11A.020
17.11A.030
17.11A.040
17.11A.OSO
17.11A.060
17.11A.070
17.11A.080
17.11A.090
17.11A.100
17.11A.110
17.11A.~
17.11A.~

17.11A.130

110
120

R-1 ONE ACRE RESIDENTIAL ZONE REGULATIONS

Title, purpose, and applicability.

Special residential design review for projects with one or two units on
a lot.
Design review for Telecommunications Facilities.
Permitted activities.
Conditionally permitted activities.
Permitted facilities.
Conditionally permitted facilities.
Limitations mi Signs.
Minimum lot area, width, and frontage.
Maximum residential density.
Use permit eriteria for seeondary unit.
Maximum height.
Minimum yards.
Maximum lot coverage for Residential Facilities with up to two (2)
dwelling units on a lot.

17.11A.140
Building length along side lot lines.
17.11A.M{) =15:;..::0'----_Buffering.
17.11A..J:.S.() 160
Special regulations for large developments.
17.11A.l@ 170
Other zoning provisions.
17.11A.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 structure shall not be permitted to have both an additional kitchen as provided for in
Section 17.1 02.270B and a secondary unit.
A.

Permitted Density. One dwelling unit is permitted on each lot.

B.
Conditionally Permitted Density. A secondary unit may be permitted, thereby
making a total of two dwelling units on the lot, upon the granting of a conditional use permit
pursuant to the conditional use permit procedure in Chapter 17.134, hlld the provisions of Section
17.11A.110, 17.102.360. and subject to all the following provisos:
1.
That the lot has one acre (43,560 square feet) or more of lot area, and its lot 'tVidth
is one hundred (100) feet or more;
2.
That the only existing chvelling structure on the lot is a detached building, and that
the building had a certificate of occupancy under the Oakland Building Code at least three years
prior to the date of application for a conditional use permit for a secondary unit or, if the building
did not have a certificate of occupancy, there is proof that the building '.Vas completed prior to
the certificate of occupancy requirement;
3.
That the secondary unit will be '.Vithin or attached to the existing living area of
said building, and '.vill not involve an increase of more than ten percent beyond the building's
existing floor area (living areas shall not include a garage or accessory structures);
4.
That the floor area of the secondary unit itself will total no less than hvo hundred
seventy five (275) square feet and no more than seven hundred fifty (750) square feet;
5.
That the secondary uriit '.vill not be sold separately from the primary dwelling
unit, and the legal owner of the property vrill occupy one of the units;
6.
That a new nontandem, on site parking space will be provided, unless the lot
already contains a total of at least three such parking spaces for residents and will continue to do
so. (Prior planning code 3265)

17.11A.110 Use permit eriteria fur seeoadary unit.

A conditional use permit for a secondary unit under Sections 17.11A.070A and
17.11A,.lOOB may be granted only upon determination that the proposal conforms to the general
use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to all
of the following use permit criteria:
A.
That the secondary unit will be clearly subordinate to the primary one family
d'tvelling unit in size, location, and appearance;

10

B.
That the location, design, and site planning of the building, open areas, and
parking will provide a convenient, attractive, and functional living environment, and \Viii be
compatible with the neighborhood and with public safety;
That the shape and siting of the facility, and especially of any portions thereof
C.
which exceed one story in height, will be such as to minimize blocking of views and direct
sunlight from nearby lots and from other Residential Facilities in the surrounding neighborhood.
(Prior planning code 3266)
17.11A.l-W 110 Maximum height.

A
General. Except as otherwise provided in Sections 17.108.020, where the site area
to be covered by the principal building or other principal facility exceeds a gradient of twenty
(20) percent, and in Section17.108.030~ and Chapter 17.128, the maximum height of buildings
and other facilities shall be thirty (30) feet. twenty-five (25) feet. except that the highest portion
of a pitched roof on a principal building or other principal facility may extend up to thirty (30)
feet if all portions of the roof above twenty-five (25) feet are:
1.
Pitched at a vertical to horizontal ratio of no less than one to three (1:3) and no
more than two to one (2: 1); and
2.
If located within ten (1 0) feet of an interior side lot line. pitched upward from
such lot line for a distance of at least ten (1 0) feet from the lot line (see Illustration I-4a).
An exception is that if at least sixty (60) percent of the buildings in the immediate context
are no more than one story in height. the maximum wall height shall be fifteen (15) feet within
the front twelve (12) feet of buildable area. The immediate context shall consist of the five
closest lots on each side of the project site plus the ten closest lots on the opposite side of the
street (see Illustration I-4b); however. the Director of City Planning may make an alternative
determination of immediate context based on specific site conditions. Such determination shall
be in writing and included as part of any approval of any variance, conditional use permit, design
review. determination of exemption from design review. or other special zoning approval or. if
no special zoning approval is required, part of any City Planning signoff of a building permit
application.
B.
Accessory Structures. Except as otherwise provided in Section 17.108.030 or
Section 17.108.130, no accessory building structure shall exceed fifteen (15) feet in height unless
a conditional use permit for a greater height is granted pursuant to the conditional use permit
.
procedure in Chapter 17.134.
C.
Other Provisions. See Section 17.12.080 for maximum height of Signs, and
Section 17.108.130 for maximum height of facilities within minimum yards.
17.11A.~

120 Minimum yards.

The following minimum yards shall be provided unobstructed except for the accessory
structures or the other facilities allowed therein by Section 17.108.130. See also Section
17.108.020 for greater yard requirements applying to certain facilities which exceed the general
maximum height prescribed in Section 17.11A.HG 110.

11

A.
Front Yard. The minimum front yard depth on every lot shall be twenty-five (25)
feet, except as a lesser depth is allowed by Section 17.108.050 on steep slopes lots.
B.
Side Yard-Street Side of Corner Lot. The minimum side yard width on the street
side of every corner lot shall be as prescribed in Section 17.108.060.
C.
Side Yard-Interior Lot Line. The minimum side yard width along each interior
side lot line of every lot shall be the greater of:
_l._six .(} feet; or
2. fifteen (15) percent ofthe lot width at any point between the front and back of
any structure on the lot (see Illustration I-4c).
D.
Rear Yard. The minimum rear yard depth on every lot shall be thirty-five (35)
feet, except as a lesser depth is allowed by Section 17.108.110. For hts which abut an adjoining
rear yard, the minimum rear yard depth shall be increased by an additional one-half (0.5) foot of
rear yard depth for each additional one (1) foot of lot depth over one hundred (100) feet, up to a
maximum rear yard depth of eighty (80) feet.

17.11A.130 Maximum lot coverage for Residential Facilities with up to two (2) dwelling
units on a lot.
Except where the site area to be covered by the principal building or other principal
facility exceeds a gradient of twenty (20) percent, the lot coverage for lots containing only
Residential Facilities with up to two (2) dwelling units shall not exceed fifteen (15) percent or
2,000 square feet, whichever is greater.

17.11A.140 Building length along side lot lines.

Where the site area to be covered by the principal building or other principal facility
exceeds a gradient of twenty (20) percent, the building length facing a side lot line shall be
limited to 35 feet if within the greater of:
A. ten (10) feet of the side lot line; or
B. the distance from the side lot line equal to 20% ofthe lot width.
(See Illustration I-4d).

17.11A.l4{) 150Buffering.
All uses shall be subject to the applicable requirements of the buffering regulations in
Chapter 17.110 with respect to screening or location of parking, loading, and storage areas;
control of artificial illumination, and other matters specified therein. (Prior planning code
3272)

17.11A.W t 60Special regulations for large developments.

Large, integrated developments shall be subject to the planned unit development
regulations in Chapter 17.122 if they exceed the sizes specified therein. In developments which
are approved pursuant to said regulations, in the R-1 zone certain of the regulations applying in
said zone may be waived or modified. (Prior planning code 3273)

12

17 .11A.M0-1700ther zoning provisions.

A
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Home Occupations. Home occupations shall be subject to the applicable
provisions ofthe home occupation regulations in Chapter 17.112.
C.
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
_ D.
General Provisions. The general exceptions and other regulations set forth in
Chapteri_17.102, 17.10{ 17.106, and 17.108 shall apply i"n theR-1 zone.
E.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in the R-1 zone. (Ord. 11807 3 (part), 1995; prior planning code 3274)
F.
Landscaping and Screening Standards. The regulations set forth in Chapter
17.124 shall apply in the R-1 zone.
Chapter 17.12 R-10 ESTATE RESIDENTIAL ZONE REGULATIONS
Sections:
17.12.010
17.12.020
17.12.030
17.12.040
17.12.050
17.12.060
17.12.070
17.12.080
17.12.090
17.12.100
17.12~

110
17.12.1J{) 120
17.12.130
17.12.140
17.12.l4G 150
17.12.1-S() 160
17.12.~ 170
17.12.~110

Title, 'purpose, and applicability.

Special residential design review for projects with one or two units on
a lot.
Design review for Telecommunications Facilities.
Permitted activities.
Conditionally permitted activities.
Permitted facilities.
Conditionally permitted facilities.
Limitations on Signs.
Minimum lot area, width, and frontage.
Maximum residential density.
Maximum height.
Minimum yards.
Maximum lot coverage for Residential Facilities with up to two (2)
dwelling units on a lot.
Building length along side lot lines
Buffering.
Special regulations for large developments.
Other zoni.ng provisions.
Maximum height.

A
General. Except as otherwise provided in Sections 17.108.020, where the site area
to be covered by the principal building or other principal facility exceeds a gradient of twenty
(20) percent, and in Section17.108.030, and Chapter 17.128, the maximum height of buildings
and other facilities shall be thirty (30) feet. twenty-five (25) feet, except that the highest portion
of a pitched roof on a principal building or other principal facility may extend up to thirty (30)
feet if all portions of the roof above twenty-five (25) feet are:

13

1. Pitched at a vertical to horizontal ratio of no less than one to three (1 :3) and no more
than two to one (2: 1); and
2. Iflocated within ten (1 0) feet of an interior side lot line, pitched upward from such lot
line for a distance of at least ten (1 0) feet from the lot line (see Illustration I-4a).
An exception is that if at least sixty (60) percent of the buildings in the immediate context
are no more than one story in height, the maximum wall height shall be fifteen (15) feet within
the front twelve (12) feet of buildable area. The immediate context shall consist of the five
Closest lots on each side of the project site plus the ten_ closest lots on the opposite side of the
street (see Illustration I-4b); however, the Director of City Planning may make an alternative
determination of immediate context based on specific site conditions~ Such determination shall
be in writing and included as part of any approval of any variance, conditional use permit, design
review, determination of exemption from design review, or other special zoning approval or, if
no special zoning approval is required, part of any City Planning signoff of a building permit
application.

B.
Accessory Structures. Except as otherwise provided in Section 17.108.030 or
Section 17.108.130, no accessory building structure shall exceed fifteen (15) feet in height un:-1-ess
a conditional use permit fof a greater height is granted pursuant to the conditional use permit
procedure in Chapter 17.134.
C.
Other Provisions. See Section 17.12.080 for maximum height of Signs, and
Section 17.108.130 for maximum height offacilities within minimum yards.
17.12.~

120 Minimum yards.

The following minimum yards shall be provided unobstructed except for the accessory
structures or the other facilities allowed therein by Section 17.108.130. See also Section
17.108.020 for greater yard requirements applying to certain facilities which exceed the general
maximum height prescribed in Section 17.12.~110.

A.
Front Yard. The minimum front yard depth on every lot shall be twenty-five (25)
feet, except as a lesser depth is allowed by Section 17.108.050 on steep lets slopes.
B.
Side Yard-Street Side of Corner Lot. The minimum side yard width on the street
side of every corner lot shall be as prescribed in Section 17.108.060.
C.
Side Yard-Interior Lot Line. The minimum side yard width along each interior
side lot line of every lot shall be the greater of:
_l._six _() feet; o~ _
2. fifteen (15) percent of the lot width at any point between the front and back of
any structure on the lot (see Illustration I-4c).
D.
Rear Yard. The minimum rear yard depth on every lot shall be thirty-five (35)
feet, except as a lesser depth is allowed by Section 17.108.110. For lots which abut an adjoining
rear yard, the minimum rear yard depth shall be increased by an additional one-half (0.5) foot of
rear yard depth for each additional one (1) foot of lot depth over one hundred (1 00) feet, up to a
maxi mum rear yard depth of eighty (80) feet.

14

17.12.130 Maximum lot coverage for Residential Facilities with up to two (2) dwelling units
on a lot.
Except where the site area to be covered by the principal building or other principal
facility exceeds a gradient of twenty (20) percent, the lot coverage for lots containing only
Residential Facilities with up to two (2) dwelling units shall not exceed twenty (20) percent or
2,000 square feet, whichever is greater.
17~12.140

Building length along side lot lines.

Where the site area to be covered by the principal building or other principal facility
exceeds a gradient of twenty (20) percent, the building length facing a side lot line shall be
limited to 35 feet if within the greater of:
A. ten (10) feet ofthe side lot line; or
B. the distance from the side lot line equal to 20% ofthe lot width.
(See Illustration I-4d).
17.12.1-4() 150 Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in
Chapter 17.110 with respect to screening or location of parking, loading, and storage areas;
control of artificial illumination, and other matters specified therein.
17.12.!S{) 160 Special regulations for large developments.
Large, integrated developments shall be subject to the planned unit development
regulations in Chapter 17.122 if they exceed the sizes specified therein. In developments which
are approved pursuant to said regulations, in the R-10 zone certain of the regulations applying in
said zone may be waived or modified.
17.12.-l@ 170 Other zoning provisions.
A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
Home Occupations. Home occupations shall be subject to the applicable
B.
provisions of the home occupation regulations in Chapter 17.112.
C.
Nonconforming Uses.- Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
D.
General Provisions. The general exceptions and other regulations set forth in
Chapter~ 17.102, 17.104, 17.106, and 17.108 shall apply in theR-lOzone.
E.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in the R-1 0 zone.
F.
Landscaping and Screening Standards. The regulations set forth in Chapter
17.124 shall apply in the R-1 0 zone.

15

Chapter 17.14 R-20 LOW DENSITY RESIDENTIAL ZONE REGULATIONS

Sections:
17.14.010
17.14.020
17.14.030
17.14.040
17._14.050
17.14.060
17.14.070
17.14.080
17.14.090
17.14.100
17.14.!M--110
17 .14.l-J{)-120
17.14.130
17.14.140
17.14.!-4Q 150
17.14.1-S() 160
17.14.1-6Q 170

Title, purpose, and applicability.

Special residential design review for projects with one or two units on
a lot.
Design review for Telecommunications Facilities.
Permitted activities.
Conditionally permitted activities.
Permitted facilities.
Conditionally permitted facilities.
Limitations on Signs.
Minimum lot area, width, and frontage.
Maximum residential density.
Maximum height.
Minimum yards.
Maximum lot coverage for Residential Facilities with up to two (2)
dwelling units on a lot.
Building length along side lot lines.
Buffering.
Special regulations for large developments.
Other zoning provisions.

17.14.!M--110 Maximum height.

A General. Except as otherwise provided in Sections 17.108.020. where the site area to
be covered by the structure exceeds a gradient of twenty (20) percent, Section17.108.030,_and
Chapter 17.128, the maximum height of buildings and other facilities shall be thirty (30) feet.
twenty-five (25) feet. except that the highest portion of a pitched roof on a principal building or
other principal facility may extend up to thirty (30) feet if all portions of the roof above twentyfive (25) feet are:
1. Pitched at a vertical to horizontal ratio of no less than one to three (1 :3) and no more
than two to one (2: 1); and
2. If located within ten (1 0) feet of an interior side lot line. pitched upward from such
lot line for a distance of at least ten (1 0) feet from the lot line (see Illustration I-4a).
An exception is that if at l~ast sixty (60) percent ofthe buildings in the immediate context
are no more than one story in height, the maximum wall height shall be fifteen (15) feet within
the front twelve (12) feet of buildable area. The immediate context shall consist of the five
closest lots on each side of the project site plus the ten closest lots on the opposite side of the
street (see Illustration I-4b); however, the Director of City Planning may make an alternative
determination of immediate context based on specific site conditions. Such determination shall
be in writing and included as part of any approval of any variance. conditional use permit, design
review. determination of exemption from design review. or other special zoning approval or. if
no special zoning approval is required, part of any City Planning signoff of a building permit
application.

16

B.
Accessory Structures. Except as otherwise provided in Section 17.108.030 or
Section 17.108.130. no accessory building structure shall exceed fifteen (15) feet in height Hflless
a conditional use permit for a greater height is granted pursuant to the conditional use permit
procedure in Chapter 17.134.
Other Provisions. See Section 17.12.080 for maximum height of Signs, and
C.
Section 17.108.130 for maximum height of facilities within minimum yards.
17.14.~

120 Minimum yards.

The following minimum yards shall be provided unobstructed except for the accessory
structures or the other facilities allowed therein by Section 17.108.130. See also Section
17.108.020 for greater yard requirements applying to certain facilities which exceed the general
maximum height prescribed in Section 17.14.+2G-110.

A.
Front Yard. The minimum front yard depth on every lot shall be twenty (20) feet,
except as a lesser depth is allowed by Section 17.108.050 on steep lot-s slopes.
B.
Side Yard-Street Side of Corner Lot. The minimum side yard width on the street
side of every corner lot shall be as prescribed in Section 17.108.060.
C.
Side Yard- Interior Lot Line. The minimum side yard width along each interior
side lot line of every lot shall be the greater of:
L. six .()_feet; or
2. fifteen (15) percent of the lot width at any point between the front and back of
any structure on the lot (see Illustration l-4c).
D.
Rear Yard. The minimum rear yard depth on every lot shall be twenty-five (25)
feet, except as a lesser depth is allowed by Section 17.108.110. For lots which abut an adjoining
rear yard, the minimum rear yard depth shall be increased by an additional one-half (0.5) foot of
rear yard depth for each additional one (1) foot of lot depth over one hundred (1 00) feet, up to a
maximum rear yard depth of eighty (80) feet.
17.14.130 Maximum lot coverage for Residential Facilities with up to two (2) dwelling units
on a lot.
Except where the site area to be covered by the principal building or other principal
facility exceeds a gradient of twenty (20) percent, the lot coverage for lots containing only
Residential Facilities with up to two (2) dwelling units shall not exceed twenty-five (25) percent
or 2. 000 square feet, whichever is greater.

'17.14.140 Building length along side lot lines.

Where the site area to be covered by the principal building or other principal facility
exceeds a gradient of twenty (20) percent, the building length facing a side lot line shall be
limited to 35 feet if within the greater of:
A. ten (10) feet of the side lot line; or
B. the distance from the side lot line equal to 20% ofthe lot width.
(See Illustration I-4d).

17

17.14.1-4() 150 Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in
Chapter 17.110 with respect to screening or location of parking, loading, and storage areas;
control of artificial illumination; and other matters specified therein. (Prior planning code
3372)
17.14.1--{) 160 Special regulations for large developments.

Large, integrated developments shall be subject to the planned unit development

regulations in Chapter 17.122 if they exceed the sizes specified therein. In developments which
are approved pursuant to said regulations, in the R-20 zone certain of the other regulations
applying in said zone may be waived or modified. (Prior planning code 3373)
17.14.-M{) 170 Other zoning provisions.

A.

Parking and Loading. Off-street parking and loading shall be provided as

prescribed in the off-street parking and loading requirements in Chapter 17.116.
Home Occupations. Home occupations shall be subject to the applicable
B.
provisions ofthe home occupation regulations in Chapter 17.112.
C.
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
D.
General Provisions. The general exceptions and other regulations set forth in
Chapter~ 17.102, 17.104, 17.106, and 17.108 shall apply in the R-20 zone.
E.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-20 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1996; prior planning code 3374)
F.
Landscaping and Screening Standards. The regulations set forth in Chapter
17.124 shall apply in the R-20 zone.
Chapter 17.16 R-30 ONE-FAMILY RESIDENTIAL ZONE REGULATIONS
Sections:
17.16.010
17.16.020
17.16.030
17.16.040
17.16.050
17.16.060
17.16.070
17.16.080
17.16.090
17.16.100 110
17.16.1,{).110
17.16.l-3{) 120
17.16.130

Title, purpose, and applicability.

Special residential design review for projects with one or two units on a lot.
Design review for Telecommunications Facilities.
Permitted activities.
Conditionally permitted activities.
Permitted facilities.
Conditionally permitted facilities.
Limitations on Signs.
Minimum lot area, width, and frontage.
Maximum residential density.
Maximum height.
Minimum yards.
Maximum Lot cove1age for Residential Facilities with up to two (2) dwelling
units on a lot.

18

17.16.140
17.16.!40 150
17.16.1S() 160
17.16.16() 170
17.16.010

Building length along side lot lines.

Buffering.
Special regulations for large developments.
Other zoning provisions.
Title, purpose, and applicability.

The provisions of Section this chapter shall be known as the R-30 one-family residential
zone regulations. The R-30 zone is intended to create, preserve, and enhance areas for singlefamily dwellings in desirable settings for urban living, and is typically appropriate to already
developed lower density dwelling areas of the city. These regulations shall apply in the R-30
zone. (Prior planning code 3450)
17.16.-!W 110 Maximum height.

A General. Except as otherwise provided in Sections 17.108.020, where the site area to
be covered by the structure exceeds a gradient of twenty (20) percent, Section17.108.030._and
Chapter 17.128, the maximum height of buildings and other facilities shall be thirty (30) feet.
twenty-five (25) feet, except that the highest portion of a pitched roof on a principal building or
other principal facility may extend up to thirty (30) feet if all portions of the roof above twentyfive (25) feet are:
1. Pitched at a vertical to horizontal ratio of no less than one to three (1 :3) and no more
than two to one (2: 1); and
2. Iflocated within ten (1 0) feet of an interior side lot line, pitched upward from such lot
line for a distance of at least ten (10) feet from the lot line (see Illustration I-4a).
An exception is that if at least sixty (60) percent of the buildings in the immediate context
are no more than one story in height, the maximum wall height shall be fifteen (15) feet within
the front twelve (12) feet of buildable area. The immediate context shall consist of the five
closest lots on each side of the project site plus the ten closest lots on the opposite .side of the
street (see Illustration I-4b); however. the Director of City Planning may make an alternative
determination of immediate context based on specific site conditions. Such determination shall
be in writing and included as part of any approval of any variance. conditional use permit, design
review, determination of exemption from design review, or other special zoning approval or, if
no special zoning approval is required, part of any City Planning signoff of a building permit
application.
B.
Accessory Structures. Except as otherwise provided in Section 17.108.030 or
.Section 17.108.130, no accessory-building structure shall exceed fifteen (15) feet in height \:l-ftl:ess
a conditional use permit for a greater height is granted pursuant to the conditional use permit
procedure in Chapter 17.134.
C.
Other Provisions. See Section 17.12.080 for maximum height of Signs, and
Section 17.108.130 for maximum height of facilities within minimum yards.
17.16.-1-J() 120 Minimum yards.

19

The following minimum yards shall be provided unobstructed except for the accessory
structures or the other facilities allowed therein by Section 17.108.130. See also Section
17.108.020 for greater yard requirements applying to certain facilities which exceed the general
maximum height prescribed in Section 17.16.~.110.
A
Front Yard. The minimum front yard depth on every lot shall be twenty (20) feet,
except as a lesser depth is allowed by Section 17.108.050 on steep lets- slopes and except that if
adjacent lots abutting the side lot lines of the subject lot both contain principal Residential
Fa~ilities that have front yards with a depth of less than twenty (20) feet, buildings and other
structures on the subject lot may be located up to a line p-arallel to the front lot line and extended
from the most forward projection ofthe principal Residential Facility-on the adjacent lots having
the deeper front yard depth, provided such projection is enclosed, has a wall height of at least
eight (8) feet, and has a width of at least five (5) feet. (see Illustration I-4e.)

B.

Side Yard-Street Side of Corner Lot. The minimum side yard width on the street
side of every corner lot shall be as prescribed in Section 17.108.060.
C.
Side Yard-Interior Lot Line. The minimum side yard width along each interior
side lot line of every lot shall be five (5) feet except that for lots where the site area to be covered
by the structure has a gradi(!nt of twenty (20) or more percent based on the existing grade, the
minimum side yard width shall be the greater of:
1.
five (5) feet; or
2.
ten (10) percent ofthe lot width at any point between the front and back of
any structure on the lot (see Illustration I-4c).
D.
Rear Yard. The minimum rear yard depth on every lot shall be twenty (20) feet,
except as a lesser depth is allowed by Section 17.108.110. For lots which abut an adjoining rear
yard. the minimum rear yard depth shall be increased by an additional one-half (0.5) foot of rear
yard depth for each additional one (1) foot of lot depth over one hundred (100) feet, up to a
maximum rear yard depth of eighty (80) feet.

17.16.130 Maximum lot coverage for Residential Facilities with up to two (2) dwelling units
on a lot.
Except where the site area to be covered by the principal building or other principal
facility exceeds a gradient of twenty (20) percent, the lot coverage for lots containing only
Residential Facilities with up to two (2) dwelling units shall not exceed forty (40) percent or
2,000 square feet, whichever is greater.

17.16.140 Building length along side lot lines.

Where the site area to be covered by the principal building or other principal facility
exceeds a gradient of twenty (20) percent, the building length facing a side lot line shall be
limited to 35 feet if within the greater of:
A ten (10) feet ofthe side lot line: or
B. the distance from the side lot line equal to 20% ofthe lot width.
(See Illustration I-4d).

20

17.16.1-4() 150 Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in
Chapter 17.110 with respect to screening or location of parking, loading, and storage areas;
control of artificial illumination; and other matters specified therein. (Prior planning code
3472)

:l7)6.!SG 160 Special regulations for large

developme~ts.

Large, integrated developments shall be subject to the planned unit development

regulations in Chapter 17.122 if they exceed the sizes specified therein. In developments which
are approved pursuant to said regulations, certain uses may be permitted in addition to those
otherwise allowed in the R-30 zone, and certain of the other regulations applying in said zone
may be waived or modified. (Prior planning code 3473)

17.16.1{}{) 170 Other zoning provisions.

A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Home Occupations. Home occupations shall be subject to the applicable
provisions ofthe home occupation regulations in Chapter 17.112.
C.
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
D.
General Provisions. The general exceptions and other regulations set forth in
Chapter~17.102 17.104 17.106 and 17.108 shall apply in theR-30 zone.
E.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-30 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 3474)
F.
Landscaping and Screening Standards. The regulations set forth in Chapter
17.124 shall apply in the R-30 zone.
Chapter 17.18 R-35 SPECIAL ONE-FAMILY RESIDENTIAL ZONE REGULATIONS
Sections:
17.18.010
17.18.020
17.18.030
17.18.040
17.18.050
17.18.060
17.18.070
17.18.080
17.18.090
17.18.100

Title, purpose, and applicability.

Special res_idential design review for projects with one or two units on
a lot.
Design review for Telecommunications Facilities.
Permitted activities.
Conditionally permitted activities.
Permitted facilities.
Conditionally permitted facilities.
Limitations on Signs.
Minimum lot area, width, and frontage.
Maximum residential density.

21

17.18.110
17.18.120
17.18.130
17.18.140
17.18.1M) 150
17.18.1M) 160
17.18.1-0 170
17~18.!6{) 180
17.18.120

Use permit criteria for second dwelling unit

Maximum height.
Minimum yards and courts.
Maximum lot coverage for Residential Facilities with up to two (2)
dwelling units on a lot.
Minimum usable open space.
Buffering.
Special regulations for mini-lot and planned unit developments.
Other zoning provisions.
Maximum Height

A.

General. Except as otherwise provided in Sections 17.108.020 where the site

area to be covered by the structure exceeds a gradient of twenty (20) percent, Section17.108.030,
and Chapter 17.128, the maximum height of buildings and other facilities shall be thirty (30)
feet:. twenty-five (25) feet, except that the highest portion of a pitched roof on a principal
building or other principal facility may extend up to thirty (30) feet if all portions of the roof
above twenty-five (25) feet are:
1.
Pitched at a" vertical to horizontal ratio of no less than one to three (1:3) and no
more than two to one (2: 1); and
2.
If located within ten (1 0) feet of an interior side lot line, pitched upward from
such lot line for a distance of at least ten (10) feet from the lot line (see Illustration I-4a).
An exception is that if at least sixty (60) percent of the buildings in the immediate context
are no more than one story in height, the maximum wall height shall be fifteen (15) feet within
the front twelve (12) feet of buildable area. The immediate context shall consist of the five
closest lots on each side of the project site plus the ten closest lots on the opposite side of the
street (see Illustration I-4b); however, the Director of City Planning may make an alternative
determination of immediate context based on specific site conditions. Such determination shall
be in writing and included as part of any approval of any variance, conditional use permit, design
review, determination of exemption from design review, or other special zoning approval or, if
no special zoning approval is required, part of any City Planning signoff of a building permit
application.
B.
Accessory Structures. Except as otherwise provided in Section 17.108.030 or
Section 17.108.13 0, no accessory building structure shall exceed fifteen (15) feet in height u-n-less
a conditional use permit for a greater height is granted pursuant to the conditional use permit
procedure in Chapter 17.134.
C.
Other Provisions. See Section 17.12.080 for maximum height of Signs, and
Section 17.108.130 for maximum height of facilities within minimum yards.

17.18.130

Minimum yards and courts.

The following minimum yards and courts shall be provided unobstructed except for the
accessory structures or the other facilities allowed therein by Section 17.108.130. See also .
Section 17.108.020 for greater yard requirements applying to certain facilities which exceed the
general maximum height prescribed in Section 17.18.-HG 130.

22

A.
Front Yard. The minimum front yard depth on every lot shall be twenty (20) feet,
except as a lesser depth is allowed by Section 17.108.050 on steep J.et.s slopes and except that if
adjacent lots abutting the side lot lines of the subject lot both contain principal Residential
Facilities that have front yards with a depth of less than twenty (20) feet, buildings and other
structures on the subject lot may be located up to a line parallel to the front lot line and extended
from the most forward projection of the principal Residential Facility on the adjacent lots having
the deeper front yard depth, provided such projection is enclosed, has a wall height of at least
eight (8) feet, and has a width of at least five (5) feet. (see Illustration I-4e.)
B.
Side Yard-Street Side of Corner Lot. The minimum side yard width on the street
side of every corner lot shall be as prescribed in Section 17.108.060.
C.
Side Yard-Interior Lot Line.
1.
The minimum side yard width along each interior side lot line of every lot shall be
five (5) feet.
2.
A side yard with a width greater than that required by subsection (C)(l) of this
section shall be provided, when and as prescribed in Section 17.108.080, opposite a living room
window which faces an interior side lot line and which is located on a lot containing Residential
Facilities with a total oftwo living units.
D.
Rear Yard. The minimum rear yard depth on every lot shall be fifteen (15) feet,
except as a lesser depth is aUowed by Section 17.108.110.
E.
Courts. On each lot containing Residential Facilities with a total of two living
units, courts shall be provided when and as required by Section 17.108.120. (Prior planning code
3570)
17.18.140 Maximum lot coverage for Residential Facilities with up to two (2) dwelling
units on a lot.

Except where the site area to be covered by the principal building or other principal
facility exceeds a gradient of twenty (20) percent, the lot coverage for lots containing only
Residential Facilities with up to two (2) dwelling units shall not exceed forty (40)- percent or
2,000 square feet, whichever is greater, provided, however, that on lots containing two (2)
dwelling units, the lot coverage may be increased up to fifty (50) percent upon the granting of a
conditional use permit pursuant to the conditional use permit procedure in Chapter 17.34.
17.18.!4{) 150 Minimum usable open space.

On each lot containing Residential Facilities with a total oftwo living units, group usable
open space shall be provided in the minimum amount of three hundred (300) square feet per
.dwelling unit. Private usable open Space may be substituted for such group space in the ratio
prescribed in Section 17.126.020, except that actual group space shall be provided in the
minimum amount of one hundred (1 00) square feet per dwelling unit. On each such lot, some
private usable open space shall be provided with each individual dwelling unit. All required
space shall conform to the standards for required usable open space in Chapter 17.126. (Prior
planning code 3571)

23

17.18.~

160 Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in
Chapter 17.110 with respect to screening or location of parking, loading, and storage areas;
control of artificial illumination; and other matters specified therein. (Prior planning code
3572)

17.18.1:6(} 170 Special regulations for mini-lot and planned unit developments.
A

Mini-Lot- Developments. In mini-lot developments, certain of the regulations

otherwise applying to individual lots in the R-35 zone may be waived or modified when and as
prescribed in Section 17.102.320.
B.
Planned Unit Developments. Large integrated developments shall be subject to
the planned unit development regulations in Chapter 17.122 if they exceed the sizes specified
therein. In developments which are approved pursuant to said regulations, certain uses may be
permitted in addition to those otherwise allowed in the R-35 zone, and certain of the other
regulations applying in said zone may be waived or modified. (Prior planning code 3573)

17.18.1+() 180 Other zoning provisions.

Parking and Loading. Off-street parking and loading shall be provided as

prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Home Occupations. Home occupations shall be subject to the applicable
provisions ofthe home occupation regulations in Chapter 17.112.
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
C.
to the nonconforming use regulations in Chapter 17.114.
D.
General Provisions. The general exceptions and other regulations set forth in
Chapter~ 17.102, 17.104, 17.106, and 17.108 shall apply in the R-35 zone.
E.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-35 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 3574)
F.
Landscaping and Screening Standards. The regulations set forth in Chapter
17.124 shall apply in the R-35 zone.

Chapter 17.20 R-36 SMALL LOT RESIDENTIAL ZONE REGULATIONS

Sections:
17.20.010
17.20.020
17.20.030
17.20.040
17.20.050
17.20.060
17.20.070
17.20.080
17.20.090

Title, purpose; and applicability.

Design review for construction or alteration.
Permitted activities.
Conditionally permitted activities.
Permitted facilities.
Conditionally permitted facilities.
Design review criteria.
Limitations on Signs.
Minimum lot area, width, and frontage.

24

17.20.100
17.20.110
17.20.120
17.20.130
17.20.140
17.20.!-4{) 150
17.20.1-S() 160
17.20.1-60 170
17.20.1-f.() 180
17.20.120

Maximum residential density.

Use permit criteria for more than two dwelling units.
Maximum height.
Minimum yards and courts.
Maximum lot coverage for Residential Facilities with up to two (2)
dwelling units on a lot.
Minimum usable open space.
Buffering.
Special regulations for mini-lot and planned unit developments.
Other zoning provisions.
Maximum height.

A General. Except as otherwise provided in Sections 17.108.020, 17.108.030 and

Chapter 17.128, the maximum height of buildings and other facilities shall be thirty (30) feet;
however a greater height up to five feet may be permitted for pitched roofs upon the granting of a
conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. As
used in this section, a pitched roof shall be defined as one having a vertical to horizontal ratio of
a minimum of four in twelve (12) slope
An exception is that if at least sixty (60) percent of the buildings in the immediate context
are no more than one story in height, the maximum wall height shall be fifteen (15) feet within
the front twelve (12) feet ofbuildable area. The immediate context shall consist of the five
closest lots on each side of the project site plus the ten closest lots on the opposite side of the
street (see Illustration I-4b); however, the Director of City Planning may make an alternative
determination of immediate context based on specific site conditions. Such determination shall
be in writing and included as part of any approval of any variance, conditional use permit, design
review, determination of exemption from design review, or other special zoning approval or, if
no special zoning approval is required, part of any City Planning signoff of a building permit
application.
B.
Accessory Structures. Except as otherwise provided in Section 17.108.030 or
Section 17.108.130, no accessory building structure shall exceed fifteen (15) feet in height unless
a conditional use permit for a greater height is granted pursuant to the conditional use permit
procedure in Chapter 17. 13 4.
C.
Other Provisions. See Section 17.12.080 for maximum height of Signs, and
Section 17.108.130 for maximum height of facilities within minimum yards and courts.

17.20.130

Minimum yards and courts.

The following minimum yards and courts shall be provided unobstructed except for the
accessory structures or the other facilities allowed therein by Section 17.108.130. See also
section 17.108.020 for greater yards requirements applying to certain facilities which exceed the
general maximum height prescribed in Section 17.20.120.
A
Lots Less Than Four Thousand (4,000) Square Feet in Size and/or Less Than
Forty-Five (45) Feet in Width.
1.
Front Yard. The minimum front yard depth on every lot shall be twenty (20) feet,
except as a lesser depth is allowed by Section 17.108.050 on steep let-s slopes and except that if
adjacent lots abutting the side lot lines of the subject lot both contain principal Residential
Facilities that have front yards with a depth of less than twenty (20) feet, buildings and other

25

structures on the subject lot may be located up to a line parallel to the front lot line and extended
from the most forward projection ofthe principal Residential Facility on the adjacent lots having
the deeper front yard depth. provided such projection is enclosed. has a wall height of at least
eight (8) feet. and has a width of at least five (5) feet. (see Illustration I-4e.)
2.
Side Yard-Street Side of Corner lot. The minimum side yard width on the street
side of every corner lot shall be as prescribed in Section 17.108.060.
3.
Side Yard-Interior Lot Line. The minimum side yard width along each interior
side lot line of every lot shall be three feet, except as a zero side-yard is allowed for proposals
involving a One-Family Dwelling, or One-Family Dwelling with a Secondary Unit on each of
two contiguous properties under common ownership.

4.
Rear Yard. The minimum rear yard depth on every lot shall be fifteen (15) feet,
except as a lesser depth is allowed by Section 17.108.110.
Lots Exceeding Four Thousand (4,000) Square Feet in Size.
B.
1.
Front Yard. The minimum front yard depth on every lot shall be twenty (20) feet,
except as a lesser depth is allowed by Section 17.108.050 on steep lots and except that if adjacent
lots abutting the side lot lines of the subject lot contain principal Residential Facilities that have
front yards with a depth ofless than twenty (20) feet. buildings and other structures on the
subject lot may be located up to a line connecting the most forward projections ofthe principal
Residential Facilities on theadjacent lots. provided such projections on the adjacent lots are
enclosed. have a wall height of at least eight (8) feet, and have a width of at least five (5) feet.
(see Illustration I-4d)
2.
Side Yard-Street Side of Corner Lot. The minimum side yard width on the street
side of every corner lot shall be as prescribed in Section 17.108.060.
3.
Side Yard-Interior Lot Line.
The minimum side yard width along each interior side lot line of every lot shall be
a.
five feet.
A side yard with a width greater than that required by subsection (B)(3)(a) of this
b.
section shall be provided, when and as prescribed in Section 17.108.080, opposite a living room
window which faces, an interior side lot line and which is located on a lot containing Residential
Facilities with a total oftwo or more living units.
Rear Yard. The minimum rear yard depth on every lot shall be fifteen (15) feet,
4.
except as a lesser depth is allowed by Section 17.108.110.
Courts. On each lot containing Residential Facilities with a total of two or more
5.
living units, courts shall be provided when and as required by Section 17.108.120. (Ord. 12199
3 (part), 2000; prior planning code 3595)

17.20.140 Maximum lot coverage for Residential Facilities with up to two (2) dwelling units
on a lot.
Except where the site area to be covered by the principal building or other principal
facility exceeds a gradient of twenty (20) percent, the lot coverage for lots containing only
Residential Facilities with up to two (2) dwelling units shall not exceed forty (40) percent or
2,000 square feet. whichever is greater, provided. however. that on lots containing two (2)
dwelling units the lot coverage may be increased up to fifty (50) percent upon the granting of a
conditional use permit pursuant to the conditional use permit procedure in Chapter 17.34.

17.20.!4() 150 Minimum usable open space.

26

On each lot containing Residential Facilities with a total of two or more living units,
except in the case of a One-Family Dwelling with a Secondary Unit, group usable open shall be
provided in the minimum amount of three hundred (300) square feet per dwelling unit. Private
usable open space may be substituted for such group space in the ratio prescribed in Section
17.126.020, except that actual group space shall be provided in the minimum amount of one
hundred (100) square feet per dwelling unit. On each such lot, some private usable open space
shall be provided with each individual dwelling unit. All required space shall conform to the
standards for required usable open space in Chapter 17.126. (Ord. 12199 3 (part), 2000: prior
planning code 3596)

17.20.1-W160 Buffering.
All uses shall be subject to the applicable requirements of the buffering regulations in
Chapter 17.110 with respect to screening or location of parking, loading, and storage areas;
control of artificial illumination; and other matters specified therein. (Prior planning code
3597)

17.20.~

170 Special regulations for mini-lot and planned unit developments.

A.

Mini-Lot Developments. In mini-lot developments, certain of the regulations

otherwise applying to individual lots in the R-36 zone, may be waived or modified when and as
prescribed in Section 17.102.320.
B.
Planned Unit Developments. Large integrated developments shall be subject to
the planned unit development regulations in Chapter 17.122 if they exceed the sizes specified
therein. In developments which are approved pursuant to said regulations, certain uses may be
permitted in addition to those otherwise allowed in the R-36 zone, and certain of the other
regulations applying in said zone may be waived or modified. (Prior planning code 3598)

17.20.1+{) 180 Other zoning provisions.

A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Home Occupations. Home occupations shall be subject to the applicable
provisions ofthe home occupation regulations in Chapter 17.112.
C.
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
D.
General Provisions. The general exceptions and other regulations set forth in
.Chapter....17.102, 17.104, 17.106,and 17.108 shall apply in the R-36 zone.
E.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-36 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 3599)
F.
Landscaping and Screening Standards. The regulations set forth in Chapter
17.124 shall apply in the R-36 zone.

27

Chapter 17.22 R-40 GARDEN APARTMENT RESIDENTIAL ZONE REGULATIONS

Sections:
17.22.010
17.22.020
17.22.030
17:22.040
17.22.050
17.22.060
17.22.070
17.22.080
17.22.090
17.22.100
17.22.110
17.22.120
17.22.130
17.22.140
17.22.150
17.22.-1-SG 160
17.22.UQ 170
17.22.10 180
17.22.1-.W 190
17.22.130

Title, purpose, and applicability.

Special residential design review for projects with one or two units on
a lot.
Design review for residential projects with three or more units on a
lot.
Design review for TelecommuniCations Facilities.
Permitted activities.
Conditionally permitted activities.
Permitted facilities.
Conditionally permitted facilities.
Limitations on Signs.
Minimum lot area, width, and frontage.
Maximum residential density.
Use permit criteria for more than two dwelling units.
Maximum height.
Minimum yards and courts.
Maximum lot coverage for Residential Facilities with up to two (2)
dwelling units on a lot.
Minimum usable open space.
Buffering.
Special regulations for mini-lot and planned unit developments.
Other zoning provisions.
Maximum height.

A General. Except as otherwise provided in Sections 17.108.020. where the site area to
be covered by the structure exceeds a gradient of twenty (20) percent, Section17.108.030,_and
Chapter 17.128, the maximum height of buildings and other facilities shall be thirty (30) feet.
Twenty-five (25) feet. except that the highest portion of a pitched roof on a principal building or
other principal facility may extend up to thirty (30) feet if all portions of the roof above twentyfive (25) feet are:
1. Pitched at a vertical to horizontal ratio of no less than one to three (1:3) and no more
than two to one (2:1); and
2. If located within ten ( 10) feet of an interior side lot line, pitched upward from such lot
line for a distance of at least ten (1 0) feet from the lot line (see Illustration I-4a).
An exception is that if at least sixty (60) percent of the buildings in the immediate context
are no more than one story in height. the maximum wall height shall be fifteen (15) feet within
the front twelve (12) feet of buildable area. The immediate context shall consist of the five
closest lots on each side of the project site plus the ten closest lots on the opposite side of the
street (see Illustration I-4b); however. the Director of City Planning may make an alternative
determination of immediate context based on specific site conditions. Such determination shall

28

be in writing and included as part of any approval of any variance, conditional use permit, design
review, determination of exemption from design review, or other special zoning approval or. if
no special zoning approval is required, part of any City Planning signoff of a building permit
application.
B.
Accessory Structures. Except as otherwise provided in Section 17.108.030 or
Section 17.108.130, no accessory building structure shall exceed fifteen (15) feet in height unles5
a conditional use permit for a greater height is granted pursuant to the conditional use permit
procedure in Chapter 17.134.
C.
Other Provisions. See Section 17.12.080 for maximum height of Signs, and
Section 17.108.130 for maximum height offacilities within minimum yards.

17.22.140

Minimum yards and courts.

The following minimum yards and courts shall be provided unobstructed except for the
accessory structures or the other facilities allowed therein by Section 17.108.130. See also
Section 17.108.020 for greater yard requirements applying to certain facilities which exceed the
general maximum height prescribed in Section 17.22 ..g.Q 140.

A.
Front Yard. ~he minimum front yard depth on every lot shall be_ twenty (20) feet,
except as a lesser depth is allowed by Section 17.108.050 on steep let-s slopes and except that if
adjacent lots abutting the side lot lines of the subject lot both contain principal Residential
Facilities that have front yards with a depth of less than twenty (20) feet, buildings and other
structures on the subject lot may be located up to a line parallel to the front lot line and extended
from the most forward projection ofthe principal Residential Facility on the adjacent lots having
the deeper front yard depth, provided such projection is enclosed, has a wall height of at least
eight (8) feet, and has a width of at least five (5) feet. (see Illustration I-4e.)
B.
Side Yard-Street Side of Corner Lot. The minimum side yard width on the street
side of every corner lot shall be as prescribed in Section 17.05.060.
C.
Side Yard-Interior Lot Line.
1.
The minimum side yard width along each interior side lot line of every lot shall be
five ill feet.
2.
A side yard with a width greater than that required by subsection (C)(l) of this
section shall be provided, when and as prescribed in Section 17.108.080, opposite a living room
window which faces an interior side lot line and which is located on a lot containing Residential
Facilities with a total oftwo or more living units.
D.
Rear Yard. The minimum rear yard depth on every lot shall be fifteen (15) feet,
except as a lesser depth is allowed by Section 17.108. 110.
E.
Courts. On each lot containing Residential Facilities with a total of two or more
living units, courts shall be provided when and as required by Section 17.108.120. (Prior
planning code 3620)
17.22.150 Maximum lot coverage for Residential Facilities with up to two (2) dwelling units
on a lot.
Except where the site area to be covered by the principal building or other principal
facility exceeds a gradient of twenty (20) percent, the lot coverage for lots containing only

29

Residential Facilities with up to two (2) dwelling units shall not exceed forty ( 40) percent or
2.000 square feet. whichever is greater, provided, however, that on lots containing two (2)
dwelling units the lot coverage may be increased up to fifty (50) percent upon the granting of a
conditional use permit pursuant to the conditional use permit procedure in Chapter 17.34.

17.22.() 160 Minimum usable open space.

On each lot containing Residential Facilities with a total of two or more living units,
group usable open space shall be provided in the minimum amount of three hundred (300) square
feet per dwelling unit. Private usable open space may be- substituted for such group space in the
ratio prescribed in Section 17.126.020, except that actual group spac-e shall be provided in the
minimum amount of one hundred (1 00) square feet per dwelling unit. On each such lot, some
private usable open space shall be provided with each individual dwelling unit. All required
space shall conform to the standards for required usable open space in Chapter 17.126. (Prior
planning code 3 621)

17.22.16{) 170 Buffering.

All uses shall be subject. to the applicable requirements of the buffering regulations in
Chapter 17.110 with respect to screening or location of parking, loading, and storage areas;
control of artificial illumination; and other matters specified therein. (Prior planning code
3622)
17.22.~

180 Special regulations for mini-lot and planned unit developments.

A.

Mini-Lot Developments. In mini-lot developments, certain of the regulations

otherwise applying to individual lots in the R-40 zone, may be waived or modified when and as
prescribed in Section 17.102.320.
B.
Planned Unit Developments. Large integrated developments shall be. subject to
the planned unit development regulations in Chapter 17.122 if they exceed the sizes specified
therein. In developments which are approved pursuant to said regulations, certain uses may be
permitted in addition to those otherwise allowed in the R-40 zone, and certain of the other
regulations applying in said zone may be waived or modified. (Prior planning code 3623)

17.22.!8G 190 Other zoning provisions.

A.

Parking and Loading. Off-street parking and loading shall be provided as

prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Home Occupations. Home occupations shall be subject to the applicable
provisions of the home occupation regulations in Chapter 17.112.
C.
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
D.
General Provisions. The general exceptions and other regulations set forth in
Chapter..17.102 17.104 17.106 and 17.108 shall apply in the R-40 zone.

30

E.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17.118 shall apply in R-40 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 3624)
F.
Landscaping and Screening Standards. The regulations set forth in Chapter
17.124 shall apply in the R-40 zone.

Chapter 17.24 R-50 MEDIUM DENSITY RESIDENTIAL ZONE REGULATIONS

Sections:
17.24.010
17.24.020
17.24.030
17.24.040
17.24.050
17.24.060
17.24.070
17.24.080
17.24.090
17.24.100
17.24.110
17.24.120
17.24.130
17.24.140
17.24.150
17.24.~

160
170
17.24.!-+() 180
17.24.8{) 190
17.24.~

17.24.130

Title, purpose, and applicability.

Special residential design review for projects -with one or two units on
a lot.
Design review for residential projects with three or more units on a
lot.
Design review for Telecommunications Facilities.
Permitted activities.
Conditionally permitted activities.
Permitted Activities.
Conditionally permitted activities.
Limitations on Signs.
Minimum lot area, width, and frontage.
Maximum residential density.
Use permit criteria for more than two dwelling units.
Maximum height.
Minimum yards and courts.
Maximum lot coverage for Residential Facilities with up to two (2)
dwelling units on a lot.
Minimum usable open space.
Buffering.
Special regulations for mini-lot and planned unit developments.
Other zoning provisions.
Maximum height.

General. Except as otherwise provided in Sections 17.108.020, where the site area
to be covered by the structure exceeds a gradient of twenty (20) percent, Section17.108.030._and
.Chapter 17.128, the maximum height of buildings and other facilities shall be thirty (30) feet.
Twenty-five (25) feet, except that the highest portion of a pitched roof on a principal building or
other principal facility may extend up to thirty (30) feet if all portions of the roof above twentyfive (25) feet are:
1.
Pitched at a vertical to horizontal ratio of no less than one to three (1 :3) and no
more than two to one (2: 1); and
2.
If located within ten (1 0) feet of an interior side lot line, pitched upward from
such lot line for a distance of at least ten (10) feet from the lot line (see Illustration I-4a).

31

An exception is that if at least sixty (60) percent ofthe buildings in the immediate context
are no more than one story in height, the maximum wall height shall be fifteen (15) feet within
the front twelve (12) feet of buildable area. The immediate context shall consist of the five
closest lots on each side of the project site plus the ten closest lots on the opposite side of the
street (see Illustration I-4b): however, the Director of City Planning may make an alternative
determination of immediate context based on specific site conditions. Such determination shall
be in writing and included as part of any approval of any variance, conditional use permit. design
review. determination of exemption from design review, or other special zoning approval or, if
no special zoning approval is required, part of any City Planning signoff of a building permit
application.

B.
Accessory Structures. Except as otherwise provided in Section 17.108.030 or
Section 17.108.130, no accessory building structure shall exceed fifteen (15) feet in height tmless
a conditional use permit for a greater height is granted pursuant to the conditional use permit
procedure in Chapter 17.134.
C.
Other Provisions. See Section 17.12.080 for maximum height of Signs, and
Section 17.108.130 for maximum height of facilities within minimum yards.

17.24.140

Minimum yards and courts.

The following minimum yards and courts shall be provided unobstructed except for the
accessory structures or the other facilities allowed therein by Section 17.108.130. See also
Section 17.108.020 for greater yard requirements applying to certain facilities which exceed the
general maximum height prescribed in Section 17.24.130 140.

A Front Yard. The minimum front yard depth on every lot shall be twenty (20) feet,
except as a lesser depth is allowed by Section 17.108.050 on steep lets slopes and except that if
adjacent lots abutting the side lot lines of the subject lot both contain principal Residential
Facilities that have front yards with a depth of less than twenty (20) feet. buildings and other
structures on the subject lot may be located up to a line parallel to the front lot line and extended
from the most forward projection of the principal Residential Facility on the adjacent lots
having the deeper front yard depth, provided such projection is enclosed. has a wall height of at
least eight (8) feet, and has a width of at least five (5) feet. (see Illustration I-4e.)
B.
Side Yard-Street Side of Corner Lot. The minimum side yard width on the street
side of every corner lot shall be as prescribed in Section 17.108.060.
C.
Side Yard-Interior Lot Line.
1.
The minimum side yard width along each interior side lot line of every lot shall be
four ill feet.
2.
A side yard with a width greater than that required by subsection (C)(1) of this
section shall be provided, when and as prescribed in Section 17.108.080, opposite a living room
window which faces an interior side lot line and which is located on a lot containing Residential
Facilities with a total oftwo or more living units.
D.
Rear Yard. The minimum rear yard depth on every lot shall be fifteen (15) feet,
except as a lesser depth is allowed by Section 17.108.110.

32

E.
Courts. On each lot containing Residential Facilities with a total of two or more
living units, courts shall be provided when and as required by Section 17.108.120. (Prior
planning code 3670)

17.24.150 Maximum lot coverage for Residential Facilities with up to two (2) dwelling
units on a lot.

17.24.1-{) 160 Minimum usable open space.

On each lot containing Residential Facilities with a total of two or more living units,
group usable open space sl'lall be provided for such facilities in the minimum amount of two
hundred (200) square feet per dwelling unit. Private usable open space may be substituted for
such group space in the ratio prescribed in Section 17.126.020, except that actual group space
shall be provided in the minimum amount of seventy-five (75) square feet per dwelling unit. All
required space shall conform to the standards for required usable open space in Chapter 17.126.
(Prior planning code 3671)

17.24.-MG 170 Buffering.

All uses shall be subject to the applicable requirements of the buffering regulations in
Chapter 17.110 with respect to screening or location of parking, loading, and storage areas;
control of artificial illumination; and other matters specified therein. (Prior planning code
3672)

17.24.!+0 180 Special regulations for mini-lot and planned unit developments.

A
Mini-Lot Developments. In mini-lot developments, certain of the regulations
otherwise applying to individual lots in the R-50 zone may be waived or modified when and as
prescribed in Section 17.102.320.
B.
Planned Unit Developments. Large integrated developments shall be subject to
the planned unit development regulations in Chapter 17.122 if they exceed the sizes specified
therein. In developments which are approved pursuant to said regulations, certain uses may be
permitted in addition to those otherwise allowed in the R-50 zone, and certain of the other
regulations applying in said zone may be waived or modified. (Prior planning code 3673)
17.24.8{) 190 Other zoning provisions.

33

A.
Parking and Loading. Off-street parking and loading shall be provided as
prescribed in the off-street parking and loading requirements in Chapter 17.116.
B.
Home Occupations. Home occupations shall be subject to the applicable
provisions ofthe home occupation regulations in Chapter 17.112.
C.
Nonconforming Uses. Nonconforming uses and changes therein shall be subject
to the nonconforming use regulations in Chapter 17.114.
D.
General Provisions. The general exceptions and other regulations set forth in
Chapter~ 17.102, 17.104. 17.106, and 17.108 shall apply in theR-50 zone.
E.
Recycling Space Allocation Requirements. The regulations set forth in Chapter
17~ 118 shall apply in R-50 zone. (Amended during 1997 codification; Ord. 11807 3 (part),
1995; prior planning code 3674)
F. Landscaping and Screening Standards. The regulations set forth in Chapter 17.124
shall apply in the R-50 zone.

Chapter 17.98 S-14 COMMUNITY RESTORATION DEVELOPMENT COMBINING

ZONE REGULATIONS
Sections:
17.98.010
17.98.020
17.98.030
17.98.040
17.98.050
17.98.060
17.98.070
17.98.080
17.98.030

17.98.010

Title, purpo~e and applicability.

Zones with which the S-14 zone ma-y shall be combined.
Building bulh: and retaining Viall administratin review procedures.
Maximum height.
l\1inimum yards.
Parliing.
Landscaping.
Expedited residential design and bull( ref'ievl p1ocedure.
Design review criteria in cases where a proposal in the S-14 zone requires
design review or site development and design review.
Title, purpose and applicability.

ide the construction of residential facilities irtith~ii#iMi

. :..
,;,':';':': :.:
., : ., .
,,
:'=/,: of the city. The S-14 zone is i~ten~f"~-~('t~
promote: reconstruction that will replicate, to the extent possibl the
conditions that
contributed to the distinctive character and desirability of the:.:::.:( ::::'=
: ' :.:.=.:. ,
neighborhoods
1l\M!tuiliilfg!iilifilig~l:m&'i'!liiii!i:I:2~lli!i:i!'ltifmrtu: design and con~truction thatuisu responsive to the
substantial vanatwns in topography, access, and parcelization both within and among the
Tespective neighborhoods; facilitation and expediting of reconstruction to minimize economic
and emotional hardships for fire victims; and prevention of conditions that pose threats to life
and property .

. . . ........-.-.-.....I.~.~.~-~---.~.!.~.':.9. ~rds and regulations shall apply in the

.:
.. )
,
tne1fli99.WfJffilfeSf6dn. These standards and regulations are supplementary to the regulations
applying in the underlying zoning districts, as set forth in the zoning regulations and as
designated on the Oakland Zoning Map. Where the standards and regulations contained herein

34

conflict with those ofthe zoning regulations, then the standards and regulations contained herein
shaii apply, with the foiiowing exceptions:
The standards and regulations contained herein shaii not apply to any planning
A
application which includes ail required submittals and which is filed with, and accepted by, the
Planning Official prior to the effective date of these standards and regulations; and
B.
The standards and regulations contained herein shall not be applicable if they
conflict with Chapter 17.90 (the S-10 zone) or Chapter 17.92 (the S-11 zone) ofthe zoning
regulations. (Prior planning code 6800)

17.98.020

Zones with which the S-14 -RlftY shall be combined.

The S-14 zone may shaii be combined with aft'lf--{:HfH~

design review combining zone but only within ffi the
.:MJ,.~Jif
~Jj:~~!f.~~~!:lwif~l~f:@.. The mediated design review procedure and other design review procedures
applicable to the S-18 zone shall apply to the S-14 zone as set forth in the S-18 zone. (Prior
planning code 6801)
17.98.(}3(}

Building bull" and retaining wall administratiYe reYieYl procedures.

Applicability. No proposal involving retaining \Valls \Vhich do not meet the

requirements of Section 17.98.030E, shall be constructed or established unless plans for the
proposal have been approved pursuant to the administrative review procedures.
B.
Application. Application for review shall be made by the owner of the subject
property, or his or her authorized agent, on a form prescribed by and filed 'vvith the Planning
Official. The application shall be accompanied by such information as may be required by the
Planning Official to allow applicable criteria to be applied to the proposal, and by the fee
prescribed.
C.
Procedure for Consideration. l\n application for retaining wall review shall be
considered by the Planning Official. The Planning Official shall determine \Vhether the proposal
substantially conforms to applicable administrative revievv' standards and criteria. The Planning
Official may approve or disapprove the proposal and may require such changes therein or impose
such reasonable conditions of approval as are in his or her judgement necessary to ensure
substantial conformity to the administrative review standards and criteria. The Planning
Official's decision shall be in writing and shall be final immediately.
Should a decision not be rendered within ten working days after filing a complete
application, the application shall be deemed approved. The date by which a decision must be
rendered may be mctended by agreement between the Planning Official and the applicant. If the
date of decision is extended, then the Planning Official shall inform the applicant, in 'Nriting, of
the reasons ',.vhy a decision could not be rendered by the required or agreed upon date and the
date by vvhich a decision \vill be rendered.
D.
Retaining Wall Administrative Reviev-. Standards and Criteria. Retaining wall
administrative review may be approved only upon determination, guided by standards of
practicality and reasonableness, that the proposal substantially conforms to the following
standards and criteria:

35

Reta~~nsca~-~

oft~e

1.
Retaining walls ar
.
respect
the natural! d
e consistent '"ithsit::n:verall
tl
.
2.
and topography
building and site design and

urunterrupted or unde . g nails . are responsive to h surroundmg areas.

oman scale, avoiding I
3.
R t . srgned vertreal surfuces.
laruh
e ammg walls respect the
t l a r g e , blank,
.
na ura topography, avoiding obvious scars on the

. . E. of approval
Adh
.. erence
A
co_ndltiOns
"' to
. approved
Plans. Ap roval
.
termination date is rescih' ch fermu late the basi sp fer .,
be sub) ect to the plans and
gnnting unless act!al
:he approval shall terminite : : rt _was granted. Unless a
penod. However, such
.
ron or mstallation has be u e year from the effective dat
-"
apphcation filed at any
may be extended :y
necessary permits
withi:
1
expire
d.c
ia
ore smd pe no1as
d
anmng
Gffi
m ..vriting upon

.:~all

co~=t~'~c
~:.o:.~ftrme

~:.";~r

din:.~~
:~::

~'

. If at any time there are

b
.. chancres
1.:>

application may be re EjUire
, . d +hs~ stantml
to the appro ea
necessary
plana
.

.
"
app
rcation
shall b e made pnor t retammg wall de Sign,
.
1
b
mg apphcatron p
another
ecause
of
changes
mad
.
.rOJeels
which
will
re
_
o
or
concurrent
with
a
1
det

e smce appr "

qurre re re"IC"'
ny. otlr er
0 f approval
ermmed. by the Planni ag
:' or" conditions
mc:ude projects
whiclr
Cia . 'a-,1 ao longer meetthe crit ena
as'

>()ffi-~-~o

PFO)ects ...
'
"' hich aredt

not have to .be re re'' measermmed

Document
long astothbe substanti
.
a II ; , the same as the
required
to the
criteria and co':l:i:::d .:Croject will
,,
)> o er necessary pia .
" . esrgn subsequent to
approval.
nnmg application. (Prior 1 .
approval will be
p annmg code 6804)

;~=~~~,.r! :~'e~ed
,"~~nges

17.98.040

ret'Z:n:~~ .~=~~t ~he

1\'laximum height.

de:ae:~lr.t

A ...U
B I"I din H
z
building envelope
Measuremeat. The heioht of all
.
t ) tomeasunng
fi : structures
ructure
th
. vertically ;-om A1She8
d shall be limit ed to the
. of each s
ppenmeter
gra e at any p6int oa the
erpen rcular to the exterior wa\le maxrmom a\\owab\e hei ;
and connectmg the highest _g t and then cutting a sect"
0Tlre maximum
.
porats of these vertical lines
roa

retaining wa\1 sha\1 b permrtted height of aay portio

f
.
base ofthe retammg
. . wa\1
e measured
:H ' .eI d grade
n oat th
a structure
lyig wrthm
. . ten fuet of
.,.lr lr from.the
""
_n
' w IC ever
er,
e penmeter of the st ructure or at thea
B
.
. . 1s l o w
.

~hpmsuant

r~~

lVImumum B "ld"
. Offici
UI mg
. I11 of aay
papproved
8 by the PI aanmg
I Heights . The herg
91 buildiag must b
roce ure at Section 17.98 0;;
to the expedited
proposeS
not exceed the maxrmum
.

eheih
maxrmum a..
11 o:"able height
esr of
eatral
Sectio
building
aa . de oon an-d b
reviewe
Yf
-y
n 17.108.030 of the zoning regu II.:>.
t
set
forth
111
this
section
IY
proposed
buddmg
~
nnO"'C shall
ations
' un ess otheP"I.se
all
d b
0

36

~ulk

1.
Level Lots. On lots where the site area to be covered by structure has a gradient
less than tvventy (20) percent based on the existing grade, the maximum allowable height of the
principal facility shall be thirty (30) feet.
2.
Up Slope Lots. On up slope lots where the site area to be covered by structure has
a gradient equal to or greater than twenty (20) percent based on the existing grade, the maximum
allowable height of the principal facility shall be thirty five (3 5) feet, provided that the maximum
height of buildings and other facilities located within twenty (20) feet of the front property line
shall not extend above a plane crossing the entire front twenty (20) foot area of the lot at a level
which is tvventy four (24) feet above the edge of pavement adjacent to the front property line.
Dmvn Slope Lots. On dovm slope lots where the site area to be covered by
3.
structure has a gradient equal to or greater than t'v'v<enty (2.0) percent based on the existing grade,
the maximum allmvable height of the principal facility shall be forty 40) feet, provided that the
building or other facilities do not mctend above a plane crossing the entire lot at a level which is
eighteen (18) feet above the edge of pavement adjacent to the front property line.
4.
Accessory Structures. On lots where the site area to be covered by structure has a
gradient less than twenty (20) percent based on the existing grade, the maximum height of an
accessory facility shall be fifteen (15) feet. On lots where the site area to be covered by structure
has a gradient equal to or greater than twenty (20) percent based on the existing grade, the
maximum height ofan accessory facility shall be eighteen (18) feet.
Exception: The maximum height of a garage sited adjacent to the front setback and not
exceeding twenty four (24) feet in depth, shall not exceed a plane crossing the entire lot at a level
which is eighteen (18) feet above the edge of pavement adjacent to the front property line.
C.
The height standards are intended to provide a zoning envelope vvithin which the
development of single family dwellings and accessory structures on any property in the S 14
zone can be accommodated. Maximum use of the zoning envelope may not be achievable in all
cases due to site or neighborhood considerations. The degree of use of the zoning envelope is
contingent on meeting the standards and criteria for expedited residential design and bulk review
at Section 17.98.080E. (Prior planning code 6819)
17.98.050

1\tlinimum yards.

The yard size of any proposed building must be approved by the Planning Official
pursuant to the expedited residential design and bulk review procedure at Section 17.98.080. The
minimum yard size of any proposed building shall not be less than the distances set forth in this
section, unless othervvise allowed by Section 17.108.130 ofthe zoning regulations.
A.
Front Yard. The minimum front yard depth shall be twenty (20) feet except on
.lots where the street to setback gradient is greater than twenty (20) percent, the minimum front
yard depth shall be five feet. The street to setback gradient shall be based on the e>cisting grade as
measured from the edge of pavement to the t\:venty (20) foot front setback line. The measurement
shall be taken at the midpoint of the front property line and perpendicular to the edge of
pavement.
B.
Side Yard on the Street Side of Corner Lot. The minimum side yard on the street
side of every corner lot shall be as prescribed in Section 17.108.060 of the zoning regulations.

37

C.
Side Yard on the Interior Lot Line. The minimum cumulative side yard \Vidth
along each interior side lot line shall be twenty (20) percent of the lot 'Nidth at any point between
the front and back of any structure on the lot; hmvever, the minimum side yard v1idth along each
interior side lot line shall be five (5) feet.
Rear Yard. The minimum rear yard of every lot which abuts an adjoining rear
D.
yard shall be t'wenty (20) feet plus an additional one half foot of rear yard depth for each
additional one foot oflot depth over one hundred (100) feet to a maximum rear yard requirement
of eighty (80) feet.
E.
Limitation of use of Zoning Envelope. The minimum yard standards are intended
to provide a zoning envelope within which the development of single family dwellings and
accessory structures on -any property in the S 14 zone can be accommodated. Maximum use of
the zoning envelope may not be achievable in all cases due to site or neighborhood
considerations. The degree of use of the zoning envelope is contingent on meeting the standards
and criteria for mpedited residential design and bulk review et Section 17.98.080. (Prior
planning code 6820)

17.98.060

Parl\ing.

A.
Where Parking is Prohibited on Both Sides of the Street. Three off street parking
spaces shall be required for ,a primary residence occupying a lot fronting on a street with parking
prohibited on both sides of the street, except that:
1.
Two off street parking spaces shall be required on lots with an average lot width
of fifty five feet or less; and
2.
TV~>'O off street parking spaces shall be required on lots where the site to be
covered by structure has a gradient equal to or greater than twenty (20) percent, or the street to
setback gradient as measured from the edge of pavement to the front setback line is equal to or
greater than twenty (20) percent.
B.
\here Parking is Allowed on One or Both Sides of the Street. Tvv'o off street
parking spaces shall be required for a primary residence occupying a lot fronting on a street vlith
parking allowed on one or both sides of the street.
C.
In the S 11 zone. Notwithstanding the provisions of subsections /'.. and B of this
section, one parking space is required for each bedroom with a minimum of two spaces per
residential unit for any lot located within the S 11 zone.
D.
In the Right of \Vay. Required off street parking may be permitted to extend into
the public right of v1ay of an adjoining street subject to the following standards:
1.
The required parking stall shall be located perpendicular to the street right of way
and the edge of the curb;
2.
Parking stalls shaH be set back a minimum of five feet from the edge of street
pavement; and
3.
The parking stalls extending into the street right of '.vay shall not constitute more
than fifty (50) percent of the required residential parking. (Prior planning code 6822)

17.98.070

Landscaping.

38

A.
Downhill Lots. On downhill lots where the height of the rear elevation of the
residence exceeds t'vventy eight (28) feet, landscaping shall be planted to screen the rear of the
downhill face ofthe building and shall be:
1.
Planted to number a minimum of one, fifteen (I 5) gallon tree or five, five gallon
shrubs, or substantially equivalent landscaping as approved by the Planning Official for each
fifteen (15) feet oflot vridth, measured at the rear face of the residence;
2.
Sufficient in size at maturity to screen the lower ten feet of the structure;
3.
Sited so as not to interfere vlith views or solar access of adjoining residences; and
4.
Planted in locations, and be of a species, which will f!Ot constitute a fire hazard
for the residence and adjoining residences.
B.
Required Landscape ~tfaterials for Street Frontages. Landscape materials are
required for every twenty (20) feet of street frontage or portion thereof and for every twenty five
(25) feet of street frontage where a curbside planting strip exists and shall be:
1.
Planted to number a minimum of one, fifteen (15) gallon tree or five, five gallon
shrubs, or substantially equivalent landscaping consistent \vith city policy and as approved by the

Planning Official;
2.
Sited so as not to it;1terfere with views or solar access of adjoining residences; and
3.
Planted in locations, and be of a species, which 'vvill not constitute a fire hazard
for the residence and adjoining residences.
C.
Vegetation Management Plan. A vegetation management plan reflecting
commonly accepted methods for management of fire sensitive hillsides shall be submitted with
the.required landscape plan.
D.
Posting of Bond. The trees, shrubs and landscape materials required under this
section must be planted or a bond posted for the planting of the landscaping before the certificate
of occupancy will be issued. The amount of such bond shall be two thousand five hundred
dollars ($2,500.00).
E.
Retaining \Valls. Multiple retaining walls in a hillside should be separated by a
distance equal to at least the height of the lower retaining wall. The maximum height of any
visible retaining wall should be six feet. All retaining walls visible from a public street or
alleyway should be built using decorative materials such as decorative concrete, decorative
concrete block, or other architectural treated surfaces. Retaining walls which do not comply with
these recommendations are subject to administrative review for retaining walls. (Prior planning
code 6823)

17.98.080 QQ Expedited residential design and bull\: reviev,r procedure.

i\:.
Title, Purpose, and Applicability. The provisions ofthis section shall be known as
the expedited residential design and bulk review procedure. This procedure shall apply to all
proposals for new or altered facilities, except for the follovring, as so determined by the Planning
Official:
1.
Proposals to alter damaged facilities where such alteration is limited to replacing
exterior materials with materials specified in the Oakland Building Code;

39

2.

Proposals to repair fire damage that do not alter the exterior appearance of the

3.

Proposals to replace or rebuild multifamily residential facilities.

B.

Pre Application Conference for Expedited Residential Design and Bulk Review.

facility;

1.
Prior to application for expedited residential design and bulk review, the applicant
or his or her representative may meet with the Planning Official. This conference should take
place before or at an early stage in the design process. At the conference the applicant shall be
provided information about expedited residential design and bulk reviev; procedures and
standards and criteria. The Planning Official may also .provide the applicant with such other
information to assist the applicant in obtaining approval of the submitted application.
C.
Application. Application for expedited residential design and bulk revie'.v shall be
made by the owner of the affected property, or his or her authorized agent, on a form prescribed
by the Planning Official and shall be filed 'vvith the Planning Official. The application shall be
accompanied by such information as may be required by the Planning Official to allow
applicable criteria to be applied to the proposal, and by the prescribed fee.
D.
Procedure for Consideration .

1.
Upon the filing of an application for expedited residential design and bulk review,
notice shall be given by mail or delivery to O\Vners of property within three hundred (300) feet of
the exterior boundary of the subject property not less ten days prior to the date set for decision on
the application. The notice shall advise the parties of the receipt of the application and the time
and place where the applicant's plans may be reviewed prior to the decision on the application by
the Planning Official.
2.
Decision by the Planning Official. A.n application for expedited residential design
and bulk revie'.v shall be considered by the Planning Official. The Planning Official shall
determine whether the proposal conforms to applicable expedited residential design and bulk
review standards and criteria. The Planning Official may approve or disapprove the proposal and
may require such changes therein, including changes to building height and/or min.imum yard
size, or impose such reasonable conditions of approval as are, in his or her judgment, necessary
to ensure conformity to said standards. The Planning Official's decision shall be in writing and
shall be final immediately.
3.
Period of Consideration. Should a decision not be rendered pursuant to subsection
(C)(l) of this section within ten working days after filing a complete application (twenty (20)
'vVorking days if concurrent reviev~ of a minor variance or conditional use permit is required), the
application shall be deemed approved. The date by 'vvhich a decision must be rendered may be
extended by agreement between the Planning Official and the applicant. If the date of decision is
extended, then the Planning Official shall inform the applicant, in writing, of the reason why a
decision could not be rendered by the required or agreed upon date and the date by which a
decision will be rendered.
4.
Panel Review of Planning Official's Decision. The applicant or Planning Official
may seek the advice of a panel of outside design and technical professionals to resolve a dispute
between the applicant and the Planning Official regarding the determination of the Planning
Official on an application for expedited residential design and bulk review. The panel is to

40

consider whether the proposal complies with the expedited residential design and bulk review
standards and criteria and to advise the Planning Official and applicant of its review. Advice
provided by the panel is nonbinding and not conclusive as to any matter submitted for review,
but the Planning Official may consider the panel's advice in reviewing a decision on an
application for expedited residential design and bulk review. The Planning Official is authorized
to promulgate administrative guidelines, to be approved by the Planning Commission, regarding
the panel revievv' process.
Expedited Residential Design and Bulle Review Standards and Criteria. Expedited
E.
residential design and bulk review may be granted only upon determination that the proposal
conforms to the following design and bulk standards and- criteria, as well as to any and all other
applicable design review criteria:
1.
That the proposed design is carefully and effectively conceived and incorporates
an architectural concept or theme that facilitates a coherent overall response to the opportunities
and constraints ofthe site and neighborhood context;
2.
That the proposed design promotes general site planning to reestablish a
residential neighborhood character of single family houses fitting into a landscaped hillside
setting >.;vith respect to managed building bulk, massing and siting, preservation of private and
public views, relationship o~ building masses to topography, provision and design of on site open
spaces and consideration offire safety issues;
3.
That the proposed design uses landscaping as a space defining and aesthetic
element, as a tool for preservation of views and privacy, as a method of integrating the building
with the site and as a 'Nay in which to restore pre fire Oakland Hills neighborhood character,
while considering fire safety in plant selection and placement;
4.
That the proposed design promotes the creation of distinctive residential
through
attention to the scale, composition, and detail of portions of structures, street
streetscapes
frontages, vehicular and pedestrian access v,zhich enhance the streetscape and entry sequence, and
support landscaped open space;
5.
The proposed design utilizes principles of architectural space, form and order that
reestablishes visually rich mixtures of building styles, minimizes bulle, and incorporates
materials and detailing that reinforces the architectural concept or theme.
F.
i\dherence to Approved Plans. Expedited residential design and bulle review
approval shall be subject to the plans and other conditions of approval which formulate the basis
for which it was granted. Unless a different termination date is prescribed, the approval shall
terminate one year from the effective date of its granting unless actual construction has begun
under necessary permits within such period. Such period of time may be extended by the
Planning Official in \vriting upon-application filed at any time before said period has expired.
G.
Revocation. The City Planning Commission may, after a public hearing, revoke
any mcpedited residential design and bulk review approval upon a finding that a violation of any
of the provisions of this section or of the zoning regulations has occurred, or upon finding a
failure to comply with any prescribed conditions of approval. Notice ofthe heating shall be given
by posting notices thereof within three hundred (3 00) feet of the property involved. Notice shall
also be given by mail or delivery to all persons shovm on the last available equalized assessment
roll as owning property in the city within three hundred (300) feet of the property involved.

41

Notice of the hearing shall also be given by mail or delivery to the holder of the expedited
residential design and bulk review approval and notices shall be given not less than ten days
prior to the date set for the hearing. The determination of the City Planning Commission shall
become final ten calendar days after the date of decision. (Ord. 12237 4 (part), 2000; prior
planning code 6825)

17.98.030

Design review criteria in cases where a proposal in the S-14 zone requires
design review or site development and design review.

In cases where a proposal in the S-14 zone requires design review pursuant to the design
rev-iew procedure in Chapter 17.136. or a site development and design review pursuant to the site
development and design review procedure in Chapter 17.142. design review or site development
and design review may be granted only upon determination that the proposal conforms to the
general design review criteria set forth in the design review procedure in Chapter 17.136, to any
other criteria set forth by the zone with which the S-14 zone is combined and to the "Design and
Bulk Review Criteria and Guidelines for Hillside Development" as adopted by the City Planning
Commission.

Chapter 17.101B S-18 MEDIATED RESIDENTIAL DESIGN REVIEW COMBINING

ZONE REGULATIONS
Sections:

17.101B.60
17.101B.70

Title, purpose and applicability.

Zones with which the S-18 zone may be combined.
Mediated residential design review for new construction or upper story or
attic addition projects with one or two units on a lot and less than 3,500
square feet of floor area and for certain balcony or deck additions.
Design Review for Residential Facilities with floor area of 3,500 square feet
or more.
Special residential design review for projects with one or two units on a lot
and involving only additions or alterations, other than upper story additions
to an existing facility and involving less than 3,500 square feet of floor area.
Mediated design review criteria.
Design review criteria.

17.101B.10

Title, purpose and applicability.

17.101B.10
17.101B.20
17.101B.30

17.101B.40
17.101B.50

The provisions of'this chapter shall be known as the S-18 mediated residential
design review combining zone regulations. The S-18 zone is intended to offer owners of
properties in close proximity to projects that involve new construction of one or two dwelling
units on a lot, or upper story additions to such dwelling units. an opportunity to resolve directly
with the project applicant or the applicant's representatives. through mediation, any issues
concerning the project design, and especially issues concerning the project's massing or bulk and
any view, privacy and solar access impacts of the project on neighboring properties. These

42

regulations shall apply in the S-18 zone and are supplementary to the regulations applying in the
zones with which the S-18 zone is combined.

17.101B.20

Zones with which the S-18 zone may be combined.

The S-18 Zone may be combined with any zone, except zones where design review or
site development and design review is required for all proposals that involve or result in one or
two dwelling units on a lot.

17.101B.30 Mediated residential design review for new construction or upper story or
att-ic addition projects with one or two units on a lot and less than 3,500 square feet of floor
area and for certain balcony or deck additions.
If a new construction or 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 3,500 square feet. or if the project is limited to construction of an upper story
or attic balcony or deck regardless of the floor area of the facility, no principal Residential
Facility or upper story or attic addition to such a facility 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. This requirement shall not apply to:

A
Any project that is limited to the addition of floor area within an existing building
envelope;
B.
Construction of a balcony or deck that is either less than ten (10) 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;
C.
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. ~48; or
D.
Any facility containing both residential and nonresidential activities.
17.101B.40 Design Review for Residential Facilities requiring a conditional use permit or
variances or with floor area of 3,500 square feet or more.
Projects creating or adding floor area and requiring a conditional use permit or variance
or resulting in a Residential Facility with a floor area of 3,500 square feet or more sha11 require
design review pursuant to the design review procedure in Chapter 17.136. This requirement shall
not apply to any project that is limited to the addition of floor area within an existing building
envelope.

17.101B.50 Special residential design review for projects with one or two units on a lot
and involving only additions or alterations, other than upper story or attic additions, to an
existing facility and involving less than 3,500 square feet of floor area.

43

A.
General. If a project limited to additions or alterations that affect exterior
appearance,
other than the upper story or attic additions described in Section 17.10 1B.30, involves or results
in one or two dwelling units on a lot and creates or results in a principal Residential Facility with
less than 3,500 square feet of floor area, 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.
B.
A project will be exempt from the requirements set forth in subsection A of this
section if it does not involve the addition of a dwelling unit and if it meets one or more of the
following criteria:
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 9Y the City Planning Department: (a) to involve an increase or
decrease in wall area, floor area, or footprint of no more than ten (1 0) percent. (b) that all
exterior treatment matches the existing building.
17.101B.60 Mediated residential design review criteria.
Mediated residential design review approval pursuant to Section 17.101B.30 may
be granted only upon determination that the proposal conforms to the "Special Residential
Design Review Checklist Standards and Discretionary Criteria" as adopted by the City
Planning Commission and, where applicable as set forth in the mediated residential design
review procedure in Chapter 17.147, the "Residential Design Review Guidelines for Building
Mass and Bulk and for View, Privacy and Solar Access Impacts on Neighboring Properties" as
adopted by the City Planning Commission.

17.101B. 70 Design review criteria.

Design review approval pursuant to Section 17.101B.40 may be granted only upon
determination that the proposal conforms to the general design review criteria set froth in the
design review procedure in Chapter 17.136 and to the "Residential Design Review Guidelines
for Building Mass and Bulk and for View, Privacy and Solar Access Impacts on Neighboring
Properties" as adopted by the City Planning Commission.

44

Chapter 17.102 GENERAL REGULATIONS APPLICABLE TO ALL OR SEVERAL

ZONES
Sections:
17.102.010
17.102.020
17.102.030
17.102.040
17.102.050
17.102.060
17.102.070
17.102.080
17.102.090
17.102.100
17.102.110
17.102.120
17.102.130
17.102.140
17.102.150
17.102.160
17.102.170
17.102.180
17.102.190
17.102.200
17.102.210

17.102.212

17.102.220
17.102.230

Title, purpose, and applicability.

Supplemental zoning provisions.
Special regulations for designated landmarks,_
Effect of prior permits.
Revocation of unused prior zoning approvals after one year.
Study list-Postponement of demolition.
Application of zoning regulations to lots divided by zone boundaries.
Permitted and conditionally permitted uses.
Conditional use permit for shared access facilities.
Conditions for accessory parking serving activities which are not
themselves allowed.
Conditions for expansion of use into adjacent zones.
Restriction on removal of dirt or other minerals-Residential and S-1,
S-2, S-3 and OS zones.
Time limit on operation of subdivision sales offices-Residential

zones.
Special regulations applying to private stables and corrals.
Conditional use permit requirement for accessory heliports and other
flying fields.
Special regulations applying to adult entertainment activities.
Special regulations applying to massage service activities.
Restriction on vertical location of activities in buildings containing
both Residential and Nonresidential Activities-Commercial zones.
Joint living and work quarters.
Conditional use permit required for pedestrian bridges c_onstructed
over city streets.
Special regulations applying to Convenience Markets, Fast-Food
Restaurants, certain establishments selling alcoholic beverages,
providing mechanical or electronic games, and Transport and
Warehousing Storage of abandoned, dismantled or inoperable
vehicles, machinery, equipment, and of construction, grading, and
demolition materials and Scrap Operation.
Special regulations applying to Residential Care, Service-Enriched
Permanent Housing, Transitional Housing, and Emergency Shelter
Residential Activities.
Special regulations applying to Mining and Quarrying Extractive
Activities.
Special regulations applying to the demolition of a facility containing
rooming units or to the conversion of a living unit to a Nonresidential
Activity-Nonresidential zones.

45

17.102.240
17.102.250
17.102.260
17.102.265
17.102.270
17.102.280
17.-102.290
17.102.300
17.102.310
17.102.320
17.102.330
17.102.335
17.102.340
17.102.350
17.102.360
17.102.370
17.102.380

17.102.370
Facilities.

Special regulations applying to microwave dishes and energy

production facilities in or near residential zones.
Maximum density and floor-area ratio during construction.
Occupancy of a dwelling unit.
Occupancy of a One-Family Dwelling Residential Facility by a
Residential Care Residential Activity.
Additional kitchens for a dwelling unit.
Rules for determining the number of habitable rooms in Residential
Facilities.
Special regulations for Drive-Through Nonresidential Facilities.
Conditional use permit for dwelling units with five or more bedrooms.
Special regulations for certain projects with development agreements.
Conditional use permit for waiver of certain requirements in mini-lot
developments.
Conditional use permit for waiver of certain requirements with parcel
division between existing buildings.
Standards for sidewalk cafes.
Special regulations applying to electroplating activities in the M-20,
M-30,.and M-40 zones.
Regulations applying to tobacco-oriented activities.
Use permit standards, criteria and conditions of approval for
secondary units.
Parking accommodation requirements for One and Two-Family
Residential Facilities.
Special design requirements for lots that contain Residential Facilities
and no Nonresidential Facilities.
Parking accomadation requirements for One and Two-Family Residential

The provisions of this section apply to lots containing One-Family Dwelling Residential
Facilities, One-Family Dwelling Residential Facilities with Secondary Unit Residential
Facilities, and Two-Family Dwelling Residential Facilities. Exceptions to the provisions of this
section may be approved pursuant to the design review procedure in Chapter 17.136.

A.
Residence in
be located to
five (25) feet

Required Garage, Carport or Uncovered Parking Location to the Side or Rear of a

Certain Cases. Garages, carports, or any uncovered required parking spaces shall
the rear or side of any principal Residential Facility and at a minimum of twentyfrom the front lot line if:

1.
at least sixty (60) percent of the buildings in the immediate context have garages,
carports, and uncovered required parking located at a depth of at least twenty-five (25) feet from
the front lot line; and
2.
on the lot being developed, the difference in elevation of existing grade between
the midpoint of the front lot line and the farthest opposite point of the lot depth does not exceed a
gradient oftwenty (20) percent.

46

The immediate context shall consist ofthe five closest lots on each side ofthe project site
plus the ten closest lots on the opposite side of the street (see Illustration I-4b); however, the
Director of City Planning may make an alternative determination of immediate context based on
specific site conditions. Such determination shall be in writing and included as part of any
approval of any required garage, carport, or uncovered parking space. Lots with a front lot line
width of less than thirty-five (35) feet are exempt from this subsection if the garage, carport or
uncovered parking space dimensions facing the front lot line equal Jess than fifty (50) percent of
the building elevation facing the front lot line.

B.
Garage or Carport Recessed from Front of Residence in Certain Cases. (See
Illustration I-8a) When an attached or detached garage or carport is not subject to subsection A
of this section and is located on lots with a street-to-setback gradient-of twenty (20) percent or
less and where the face of the principal Residential Facility, including projections at least eight
(8) feet in height and five (5) feet in width, such as covered porches and bay windows, is within
twenty-five (25) feet ofthe front lot line, at least one of the following requirements shall apply:
1.
The front of the garage or carport shall be set back a minimum of five (5) feet
from such face; or
2.
Ifthe garage or carport is located below living space, either:
a. The front of the g~rage or carport shall be set back at least eighteen (18) inches from
the upper level living space; or
b. The garage door shall be recessed at least six (6) inches from the surrounding exterior
wall surfaces.
C.
Maximum Widths of Garages and Carports. Garages and carports shall have a
maximum width of twenty-two (22) feet if the front of the garage or carport is located within
thirty (30) feet of a street line and shall have a maximum width of thirty (30) feet if located
elsewhere. In addition, all attached garages and carports shall have a maximum width not to
exceed fifty (50) percent of the total width of the primary Residential Facility if the front of the
garage or carport is located within thirty (30) feet of a street line.
D.
Parking Restricted to Garages, Carports, Uncovered Required Parking Spaces, or
Driveways. Parking on a lot containing principal Residential Facilities may take place only in
garages, carports, uncovered required parking spaces, or approved driveways. Multiple vehicles
parked in driveways shall be parked only in tandem.

17.102.380
Special design requirements for lots that contain Residential Facilities and no
Nonresidential Facilities.
The provisions of this section apply to lots containing Residential Facilities and no
Nonresidential Facilities.
A.
Limitations on paving in street fronting yards. Paved surfaces within required
street-fronting yards, and any unimproved rights-of-way of adjacent streets, shall be limited to
the following:
1.
All lots other than corner lots and through lots: fifty (50) percent maximum
paved surface;
2.
Corner lots: thirty (30) percent maximum paved surface; and
Through lots: twenty-five (25) percent maximum paved surface.
3.

47

Exceptions: The maximum percentages of paved surfaces specified in this subsection A

may be exceeded within unimproved rights-of-way in the following cases upon issuance of a
private construction of public improvements (P-job) permit or if undertaken directly by the City
of Oakland or by a private contractor under contract to the City of Oakland:
a.
Roadway construction or widening up to a maximum roadway width of 28 feet;
b.
Sidewalk construction or widening up to a maximum sidewalk width of six feet;
and
c.
Any work pursuant to an approved final map, parcel map or final development
plan pursuant to a planned unit development permit.
For purposes of this subsection A, an unimproved right of way is the portion of a street or
alley right-of-way that is not paved.
B.

Materials used in fences. The following materials are restricted in-constructing or

rebuilding fences:

1.
Barbed wire and razor wire is not allowed to be used in fences;
2.
Chain link fencing in other than the following locations is subject to the
requirements of Section 17.108.130 and is permitted in the following locations only if it does not
exceed forty-two (42) inches in height:
a.
Street-fronting yards; or
b.
Interior side yards if closer to the front lot line than the front wall of the principal
Residential Facility.
3.
Plain concrete blocks are not allowed as a fencing material unless capped and
finished with stucco or other material approved by the Director of City Planning.
C.
Screening of utility meters. All utility meters shall be located within a box set
within a building, located on a non-street facing elevation, or screened with vegetation.
D.
Screening of trash containers. All trash containers shall be located in a storage
area that is screened from the street and adjacent properties by a wall, fence, or dense
landscaping with a minimum height of four (4) feet.
E.
Restrictions on exterior security bars and related devices. Exterior security bars
and grills are not permitted on windows, doors or porch enclosures that are located on the streetfacing side of principal Residential Facilities unless the Director of City Planning determines that
the proposed bars or grills are consistent with the architectural style of the building. Removal of
such bars or grills shall be a condition of the granting all conditional use permits, variances,
design reviews and other special zoning approvals unless the bars or grills have been shown to be
architecturally consistent with the architectural style ofthe building.
F.
Retaining Walls.

1.
No retaining wall shall exceed six (6) feet in height, except that on lots with an
upslope street to setback gradient of twenty (20) percent or more, retaining walls flanking
driveways that are nineteen (19) feet or less in width may exceed six (6) feet in height if both of
the following provisos are met:

48

driveways that are nineteen (19) feet or less in width may exceed six (6) feet in height if both of
the following provisos are met:
a.
The garage floor is at the highest possible elevation based on the maximum
driveway upslopes permitted by Section 17.116.260A; and
b.
Either ofthe following apply:
1.
The top of the retaining wall is no higher than existing grade at the
top of the wall, if maintaining such existing grade would avoid
removing one or more protected trees as defined in the Tree
Preservation Ordinance (Chapter 12.36 of the Oakland Municipal
Code); or
u.
The finished grade at the top of the wall has a minimum 1: 1
upslope, that extends away perpendicu-larly from the wall for a
distance of at least ten ( 10) feet or to a lot line, whichever is less.
(See illustration I-8b).
+2. Multiple retaining walls shall be separated by a distance of at least four (4) feet
between the exposed faces of each wall.
~3.
Retaining walls shall have architecturally treated surfaces, such as decorative
concrete or decorative conc,rete block, if any portion of the wall is at a higher level than the
roadway surface ofthe street, alley or private way described in Section 17.106.020 closest to the
wall and if any portion of the wall is either:
a.
within the right of way of a street, alley or private way described m
Section 17.106.020; or
b.
within 30 feet of a street line except for any portions of the wall located
behind buildings between the wall and the street line.

Chapter 17.108 GENERAL HEIGHT, YARD, AND COURT REGULATIONS

Sections:
17.108.010
17.108.020
17.108.030
17.108.040
17.108.050
.17.108.060
17.108.070
17.108.080
17.108.090
17.108.100

Height restrictions on lots abutting property in the R-1.1 R-10, R-20,

R-30, R-35, R-36, R-40, orR-50 zone.
Different maximum height in certain situations.
Allowed projections above height limits.
Minimum front yard in commercial and industrial zones where part
of frontage on same side of block is in residential zone.
Reduced front yard on steep l&ts slopes in residential zones.
Minimum side yard on street side of corner lot-Residential zones .
Minimum side yard on street side of corner lot in commercial and
industrial zones where key lots is in residential zone.
Minimum side yard opposite living room windows.
Minimum side yard abutting side of property in R-1.1 R-10, R-20,
R-30, R-35, R-36, R-40, R-50, or R-60 zone.
Minimum rear abutting any portion of property in any residential
zone.

49

17.108.130

Exceptions to required openness of minimum yards and courts.

17.108.010

Height restrictions on lots abutting property in the R-1l R-10, R-20, R-30,
R-35, R-36, R-40, orR-50 zone.

(See illustration I-lla.) In the R-60, R-70, R-80, S-1, S-2, and S-15 zones and all
commercial and industrial zones, the following regulations shall apply to every lot therein which
abuts any lot located in the R-1, R-10, R-20, R-30, R-35, R-36, R-40, orR-50 zone:
A.
Where Side Lot Line Is Abutting Zone B~undary. Where an interior side lot line
of the former lot abuts the R-1, R-10, R-20, R-30, R-35, R-36, R-40, orR-50 zone, no building
or other facility shall, except for the projections allowed by Section -17.108.030, exceed thirty
(30) feet in height unless each portion above that height is set back there from the inner line of
the minimum side yard which is required by Section 17.26.140C or 17.108.090 as applicable, or
from the abutting portion of the lot line where such yard is not required, a minimum horizontal
distance equal to one foot for each foot by which it extends above that height.
B.
Where Rear Lot Line Is Along Zone Boundary. Where the rear lot line of the
former lot abuts the R-1, R-10, R-20, R-30, R-3 5, R-36, R-40, orR-50 zone, no building or other
facility shall, except for the projections allowed by Section 17.108.03 0, exceed thirty (3 0) feet in
height unless each portion abve that height is set back there from the inner line of the minimum
rear yard which is required by Section 17.108.100, or is required on every lot by the applicable
individual zone regulations, a minimum horizontal distance equal to one foot for each foot by
which it extends above that height. (Ord. 11892 5, 1996: prior planning code 7070)

17.108.020

Different maximum height in certain situations.

A.
General Height for Civic Facilities with Increased Yards. In the R-1, R-10, R-20,
R-30, R-35, R-36, R-40, R-50, C-10, C-20, C-27, C-28, C-30, C-31, M-20, S-15 and OS zones, a
facility accommodating or serving any Civic Activity may, notwithstanding the maximum
height prescribed for facilities in general in the applicable individual zone regulations or
subsection B of this section, have a height of up to seventy-five (75) feet upon the granting of a
conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134 if the
minimum depth or width, as the case may be, of each front, side, and rear yard, if any, otherwise
required is increased for such facility by one foot for each foot by which the facility exceeds the
aforesaid maximum height. To the extent allowed by the conditional use permit, the greater
height authorized by this subsection may be exceeded by the projections allowed by Section
17.108.030.

.
B.
Exceptions Special MaxJmum Heights for Principal Buildings and Other Principal
Facilities on Certain Steep Slopes. (See illustration I-11b.) In the zones indicated below, the
general maximum height prescribed for facilities principal buildings and other principal facilities
in the applicable individual zone regulations m-ay shall be replaced by the following height~ en
any upslope or downslope lot on which the difference in elevation of where the site area to be
covered by the principal building or other principal facility finished grade bet>tveen the midpoint
of the front lot line and the farthest opposite point of the lot depth exceeds a gradient of twenty
(20) percent based on the existing grade. The gradient sh~l_I... ~~-.~~termined by the difference in
topographic elevations along the steepest possible line that ~:Qjlggf~:

50

Maximum Height, Except As a Greater Height Is Allowed

by Section 17.108.020A, 17.108.030 and Chapter 17.128.
Zone
Upslope bat- Site Area
R-1, R-10, R-20, R-30, R-35, R-36, R40, aF and R-50.
-

30 feet exce12t that the highest

gortion of a gitched roof on a grincigal
building or other nrinciwl facility may
extend UQ to 35 feet if all Qarts of the
roof above 30 feet are:
!. Pitched at a vertical to horizontal
ratio of no less than one to three
(1 :3) and no more than two to one
(2:1); and
2. If located within I 0 feet of an
interior side lot line, pitched
upward from such lot line for a
distance of at least I 0 feet from the
lot line;
and provided that:
l. the maximum height of those
gortions of the facilitv located
within 20 feet of the front lot line
shall not exceed 24 feet above any
goint along the edge of the street
gavement resulting from the groject
and adjacent to the front lot line;
and
2. the maximum height of the facility
shall not exceed 24 feet above any
QOint along the rear yard setback
line.

Downslope bitt- Site Area

4Q teet; j3Fe<iaea fuat tbe eHilaiag Sf
etbeF faeiiity aees net e*ena aee~e a
lleFi<:eHtal plane eressiRg fue ef!tire let
at a leiel ,,,fliefi IS :t,Q feet aee'o'e
finiShed grade at the midpeiflt af the
frent let lifle
All 12rinci[!al building or other
sites with a
nrincinal facilitv
gradient over 20 12ercent:
The
maximum height of a nrinci!2al facilitx
shall not exceed 18 feet above any 12oint
along the edge of the street 12avement
resulting from the groject, and adjacent
to the front lot line.
Attached and detached garages and
camorts with downslone site area
gradients over 40 ~rcent may exceed
the maximum heights set forth in this
subsection B by U to ten feet if the
garage or camort conforms with all of
the following criteria:
A. Maximum width is 22 feet and
maximum deQth is 20 feet; and
B. Garage or camort floor is at the
same level as the edge of the street
navement resulting from the Qroject at
the center :goint of the driveway
entrance or is at a lower level; and
C. Maximum height above the garage
or carnort floor is eight feet" for walls to
the toQ of the Qlate and twelve feet for
roofs.
Princinal huilding or other [!rincinal
f11cilitv sites with a gradient over 20
[!ercent hut not over 40 [!ercent:
30 feet exceut that the highest :gortion
of a nitched roof on a nrinci:gal facility
mav extend UQ to:
l. 32 feet and
2. 36 feet ugon the granting of a conditional use Qermit Qursuant to the
conditional use ~rmit grocedure
at Section 17.134.010;
if alluarts of the roof above 30 feet are:
l.
pitched at!! vertical tQ bori~Qlltlll
rntio of no less tlum one to three
{1:3} and no more than two to one
(2: I); and

51

2.

if located within 10 feet of an

interior side lot line, gitched
unward from such lot line for a
distance of at least 10 feet from the
lot line.
Princi[!al building or other nrinci[!al
facilitv sites with a gradient over 40
nerccnt: 30 feet exceQt that the highest
QOrtion of a Qitched roof on a QrinciQal
facility may increase UQ to:
I. 36 feet; and
2. 40 feet unon the granting of a conditional use Qermit Qursuant to the
conditional use ]2!;nnit Qrocedure
at Section 17.134.010;
if -allnarts of the roof above 30 feet
are:
I. Qi tched at a vertical to horizontal
ratio of no less than one to three
(1:3) and no more than two to one
(2:1); and
2. if located within 10 feet of an
interior side lot line, nitched
UQWard from such lot line for a
distance of at least 10 feet from the
lot line .

R-60.

45 feet, except that a greater height may

be pennitted upon the granting of a
conditional use pem1it pursmmt to the
conditional use permit procedure at
Section 17.134.010

50 feet, provided that the Qrincinal

building or other nrincipal facility does
not extend above a horizontal plane
crossing the entire lot at a level which is
30 feet above finished grade at the
midpoint of the front lot line; however,
a greater height may be permitted upon
the granting of a conditional use pennit
pursuant to the conditional use pennit
procedure.

C.
1tfaximum Height in the S 14 Zone. When any primary zone is combined with the
S 14 community restoration combining zone the maximum height provisions of Section
17.98.040 shall govern. (Ord. 12078 5 (part), 1998; Ord. 11892 6, 1996; prior plaiming code
7071)

17.108.030
Allowed projections above height limits.
Except in the C-5 commercial zone, the height restrictions prescribed for facilities in the
applicable individual zone regulations and development control maps and in Sections 17.108.010
and 17.108.020 may be exceeded in accordance with the following table. However, facilities
within required minimum yards and courts shall also be subject to the applicable provisions of
Section 17.108.130.

52

Facilities Allowed Above the

Prescribed Height
A

B.

C.

Chimneys, ventilators,
plumbing vent stacks, water
tanks, cooling towers,
machinery rooms, and other
equipment and
appurtenances which are not
provided for elsewhere in
this section. (For screening
around these, see below.)
Elevator or stair towers;
penthouses, excluding those
containing any living unit;
stage or scenery lofts; nonresidential skylights and
dormers; and rooftop fenced
or walled spaces which do
not qualify elsewhere in this
section.
Skylights, dormers and gable
ends UQ to 15 feet in widt)t
located on grincigal and
accessorY Residential
Facilities, exceQt accessorY
facilities Qermitted in
minimum yards or courts
QUrsuant to Section
17.l08.130K

Restrictions on Facility, or Portion

Thereof, Above the Prescribed Height
Maximum Aggregate
Minimum Horizontal
Coverage of the
Maximum Vertical
Distance from any
Building's Horizontal
Projection Above the
Abutting Residentially
Prescribed Height
Area (If on a
Zoned Lot
Building)
lO percent, minus any
I 0 feet, except upon the
20 feet, except upon the
percentage covered
granting of a conditional
granting of a conditional
use permit pursuant to the
pursuant to subsection B
use permit; but no
of this section.
conditional use permit
restriction if the vertical
procedure in Chapter
projection above the
17.134.
prescribed height does not
exceed four feet.
-

10 percent, minus any

percentage covered
pursuant to subsection A
of this section.

12 feet, except upon the

granting of a conditional
use permit.

lO feet, except upon the

granting of a conditional
use permit; but no
restriction if the vertical
projection above the
prescribed height does not
exceed four feet.

10 ~rcent, minus any

gercentage covered
QUrsuant to subsection A
of this section.

I 0 feet for dormers and

gable ends and one foot
for skylights, but in all
cases, no higher than the
maximum height of the
roof section on which
thev are located, exceQt
that skvlights on a flat
roof (sloge 1: 12 or less)
may extend one foot
above the roof
15 feet, except upon the
granting of a conditional
use pennit.

I 0 fees excegt ugon the

granting of a conditional
use germit; but no
restriction if the vertical
Qrojection above the
Qrescribed height does not
exceed four feet.

GJ2.

Decorative features such as

spires, bell towers, domes,
cupolas, obelisks, and
monuments.

10 percent, minus any

percentage covered
pursuant to subsection A
orB of this section.

9;.

Fire escapes, catwalks, and

open railings required by
law.
Rooftop recreational,
observation, seating, outdoor
dining, clothesline, and
parking facilities, unroofed
themselves except for
incidental sunshades, windscreens, and similar devices;
rooftop landscaping, other
than trees; and unroofed
open stairs and rooftop open
fencing which do not qualify
elsewhere in tllis section.
Eaves, aWJJ.ings, balconies,
open stairs, and similar
lateral extensions of a

No restriction.

No restriction.

No restriction.

I 0 feet, except upon the

granting of a conditional
use pennit.

15 feet, except upon the

granting of a conditional
use permit; but no
restriction if the vertical
projection above the
prescribed height does not
exceed four feet.

No restriction.

Four feet in the case of

Section 17.108.010 and
eight feet otherwise.

No restriction.

E:t.

J.<:Q.

53

15 feet, except upon the

granting of a conditional
use permit; but no
restriction if the vertical
projection above the
prescribed height does not
exceed four feet.
No restriction.

FQ.

G:-

.H.
-

I.

J.
K.

Eaves, awnings, balconies,

open stairs, and similar
lateral extensions of a
building, where the
prescribed height is
expressed as a ratio to some
horizontal setback.
PaF!!j3et walls, ether tllaa as
pre,.iaea fer elsev.rhere iR
this seetiea, e~mept that this
provision shall oot apply in
the g l4 i':ORe.
Microwave dishes and solar
panels and other ene~gy
production facilities, subject
where applicable to the
provisions of Section
17.102.240.
Radio and television masts
antennas, other than
microwave dishes.
Trees; flagpoles; weather
vanes; and utility poles and
lines.
Special Signs; and other
Signs if flat against the

surface of a facility
authorized above.

No restriction.

Four feet in the case of

Section 17.108.010 and
eight feet otherwise.

No restriction.

Ne restrietien.

Feur feet

Ne restrietien.

No restriction.

Seven feet, except upon

the. granting of a
conditional use pennit.

10 feet, except upon the

granting of a conditional
use permit.

No restriction.

15 feet, except upon the

granting of a conditional
use_])ennit.
No restriction.

No restriction.

Five feet, except upon the

granting of conditional use
_permit.
No restriction.

No special restriction, but subject to the regular height and other limitations applicable
to Signs .

Any conditional use permit under subsection H ofthis section shall be subject to the same
use permit criteria as are prescribed in Section 17.102.240. (Prior planning code 7075)

17.108.050

Reduced front yard on steep ffi.t:s-. slopes in residential zones.

width within the otherwise required front yard exceed sixty (60) percent of the lot width. (See
Illustration I -12c.)
The street to setback gradient shall be based on the existing grade as measured from the
outer edge of the sidewalk or, if there is no sidewalk, from the edge of the pavement to the
normally required front setback line. The measurement shall be taken at the midpoint ofthe front
lot line and perpendicular to the edge of the pavement.

17.108.060
Minimum side yard on street side of corner lot-Residential zones.
(See illustration I-13.)

54

minimum front yard depth required on the key lot and no less than the minimum side yard width
required along an interior side lot line of the key lot. However, such side yard shall not be
required in the R-80 and R-90 zones, nor be required to exceed five feet in width in any other
residential zone, to the extent that it would reduce to less than twenty-five (25) feet the buildable
width of any corner lot which was on the effective date of the zoning regulations, or of any
subsequent rezoning or other amendment thereto which increased applicable side yard
requirements, and continuously thereafter has been, of record in single or unified ownership
separate from that of any abutting property, and which lot existed lawfully under the previous
zoning controls. Such yard shall be provided unobstructed except for the accessory structures or
the other facilities allowed therein by Section 17.108.130. See also Section 17.110.040C for
sp~cial controls on location of detached accessory buildings on such corner lots.
17.108.130

Exceptions to required openness of minimum yards and courts.

Every part of each required minimum yard and court shall be open and unobstructed from
finished grade, or where applicable from such other specified level at which the yard or court is
required, to the sky except for the facilities allowed in the yard or court by the following table.
Furthermore, in no case shall more than fifty (50) percent of the horizontal area of any required
minimum rear yard be covered by any facilities, other than trees, which extend more than six feet
above the level at which the rear yard is required. Wherever a yard is required only for a
particular facility, it may be provided at the level of the lowest story containing such facility;
provided that where such facility is a Residential Facility, such level shall be that of the lowest
story, or portion thereof, containing any living unit. Where the height of facilities within
minimum yards or courts is not specifically further limited by the following table, the facilities
shall conform to the regular height restrictions, if any, applicable to facilities where they are
located. Facilities within minimum yards and courts shall also be subject to any applicable
screening requirements or other controls prescribed by the buffering regulations in Chapter
17.110 or by the pertinent development control maps or individual zone regulations, which in
some zones require that minimum front yards, or side yards on the street side of a corner lot, be
landscaped.

Facilities
A Eaves; awnings, louvers, and
similar shading devices;
sills, cornices, and
chimneys; and similar
architectural projections
from a building.

K. Garages, carports, sheds,

and other detached or
attached accessory structures
not provided for elsewhere
by this section; and portions

Allowed Projection Into or Locution Within Minimum Yard or Court, Subject to the
Further Restrictions Indicated in This Section's First Paragraph
(Blanks indicate that facilitv is not allowed.)
Rear Yard (But see
coverage limit in first
Side Yard on
Side Yard Along
paragraph.)
Street Side of
Interior Side
Front Yurd
Corner Lot
Lot Line
Court
Four feet into
Two feet into
Four feet into above
Two feet
Four feet into
into court.
above yard.
above yard, but
above yard, but
yard, but may extend
may extend any
may extend any
any distance ifthey
distance if they
distance if they
meet the same
meet the same
meet the same
provisos as stated in
provisos as
provisos as stated subsection K.
in subsection K.
stated in
subsection K.
Anywhere in above yards, provided that:
l.
2.

The facility is within 35 feet of the rear lot line; and

The wall height of the facility does not exceed .f-2. 2.
feet in height to the top of the plate above finished

55

of principal Nonresidential
Facilities not provided for
elsewhere nearby.

0. Fences; dense hedges;

retaining, barrier, soreeR:iHg,
and similar freestanding
walls but excluding retaining
walls; and earthen mounds
and embankments and other
fill.

S. Living sQace located

com.Qletel:y under driveway
ram..Qs

grade and the roof height, for roofs with a maximum

8 in 12 sloQe, does not exceed 12 feet above finished
grade, except for incidental decorative features or
minor appurtenances such as flues; and
3.
The facility itself does no contain any residential
living quarters; and
No building or portion thereof within the minimum
4.
yard is itself used for any commercial or
manufacturing repair or production operations, unless
it has no exterior openings there other than
emergency exits or fixed windows or skylights; and
1l1e atTected side yard, if any, is not one required by
5.
Section 17.102.240 or 17.28.150(C)(l).
But on any reversed comer lot which abuts a key lot in any
residential zone, detached accessory buildings shall also be
subject to the provisions stated in Section 17.110.040C.
In any yard or court, provided that such facilities:

1.

Shall not exceed the following heights above the required level of the yard or court,
(see Illustration l-ISa} e1;ee~t H~SH tHe granting sf a oenEiitienal Hse flefffiit f*lFS\laffi te

the oenditiona! :1se penni! prooedHre i:n. Chapter l7.134:

In any minimum front yard, or any minimum side yard on the street side of a
comer lot; si1< feel 42 inches, exceQt that six (6} feet is Qennitted in the
following cases:
i. In the QOrtions of street side yards located within the greater of the
following distances from the rear lot line:
y
(A} 35 feet from the rear lot line; or
CB} the distance between the rear lot line and a line that is
Qemendicular to the street side lot line and that extends to the
reannost enclosed QOrtion of the grinciQal building on the lot; or
II.
UQon the granting of a conditional use 12ennit Qursuant to the
conditional use gennit Qrocedure in ChaQter 17.134.
b.
In anv minimum rear yard if within ten ( 10} feet of a street line that abuts the
lot: six (6} feet.
In any other minimum yard or court: eight (8) feet; and
&:,
One entry gateway, trellis or other entry structure may be pennitted in the
&4
required front setback area of each lot provided the maximum height or width
of the facility does not exceed ten (I 0) feet;
2.
Shall comply with the applicable provisions of Chapter 10.60 of the Oakland Traffic
Code, entitled "Vision Obscurement at Intersections."
See Section 17.1 02.380F for provisions conceming retaining walls.
In any yard or court.
a.

Prior planning code 7090)

Chapter 17.116 OFF-STREET PARKING AND LOADING REQUIREMENTS

Article II. Off-Street Parking Requirements.
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
17.116.110, and subject to the calculation rules set forth in Section 17.116.050, the following
amounts of off-street parking are required for all Permanent and Semi-Transient Residential

56

Activities when located in the indicated zones and occupying the specified facilities and shall be
. Ie IV 0 f t h'IS Ch apter:
deveIope d and mamtame d pursuant to t he proVISIOnS 0 fA rt1c
Residential Facility Tvpe
One-Family Dwelling.

Zone
R-1, R-10, R-20, R-30, except when
combined with the S-12 er-S-+4 zone.

R-;?.5, R-36, R-40, except when combined

with the S-12 er-,S.-!4 zone.
R-36, when lot is less than 4,000 square feet
in size and/or 45 feet in width, except when
combined with the S-12 enS-+4 zone.
8-28, except as provided by Section
17.44.200.
C-52, except when combined witl1 the S-12
er-S--l:4 zone.
S-15 zone, except when combined wit11 the

Requirement
Two spaces for each dwelling unit occupying
a lot fronting on a street 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 excellt that two sooces
shall be reguired on such lots with an average
lot width of fifty-five (55) feet or less, and
two S!laces shall be reguired on such lots
where the site to be covered by structure has a
gradient egual to or greater than twenty (20)
Ilercent or the street-to-setback gradient as
measured from the edge ofllavement to the
front setback line is egual to or greater than
twenty (20) percent.; however, in the S-11
zone, the requirement shall be one space per
bedroom with a minimum of two spaces per
dwellingunit.
One and one-half spaces for each dwelling
unit.
One space for each dwelling unit.

One space for each dwelling unit.

No spaces required.
One half-space for dwelling unit.

S-12~zone.

One-Family Dwelling with

Secondary Unit.

Two-Family Dwelling.
Multifamily Dwelling.

Rooming House.
Mobile Home.

Any other zone, except when combined

with the S-12 er-,S.-!4 zone.
Any zone combined with the S-12 ~
zone.
R-1, R-10, R-20, R-30, R-35, R-36, R-40,
R-50, C-5, C-10, C-20

R-30, R-35, R-36, R-40, except when

combined with the S-12 erS-+4 zone.
C-28, except as provided by Section
17.44.200
C-52, except when combined witl1 the S-12
er-8-14 zone.
S-15 zone, except when combined witl1 the
S-12 er-8-f;4 zo.ne.
Any other zone, except when combined
with the S-12 er-&-+4 zone.
Any zone combined with the S-12 ~
zone.
C-52.
Any other zone.
C-52.
Any other zone.

57

One space for each dwelling unit.

See 8ections Section 17.94.040 aH4
l+.9&.G6Q.
One space for the secondary or second unit
unless the lot already contains a total of at
least three spaces; however, in the S-11 zone
the requirement shall be one space for each
bedroom in any secondary unit. See Section
17.102.360.
One and one-half spaces for each dwelling
unit.
One space per dwelling unit.
No spaces required.
One-half space for each dwelling unit.
One space for each dwelling unit.
See~

Section 17.94.040 aH4

1+.9&.Q6Q.
No spaces required.
One space for each two rooming units.
No spaces required.
One space for each living unit plus one
additional space for each four living units.

Article IV. Standards for Required Parking and Loading Facilities

17.116.170

Property on which parking and loading must be provided.

A.
Parking Spaces and Loading. Off-street parking spaces and loading berths
required by the zoning regulations shall be located as set forth below for the specified activities
except as otherwise provided in Section 17.116.290B. When a maximum distance from the lot
containing the activity served to another lot is prescribed, it shall be measured along a
permanently accessible pedestrian route between a lot line of the former lot and the nearest
boundary of the offsite parking or loading area.
Required Facili!Y and Activity_ it Serves
Parking spaces for any Residential Activity.

Zone
R-90, C-31, C-45, C-51,
C-55.

Any other zone.

17.116.200

Location
On the same lot as the activity served; or,
subject to the provisions of Section 17.116.180,
on another lot located within 300 feet and
having at least one owner in common with the
fanner lot.
On the same lot as the activity served, but for
One and Two-Famil;t Residential Facilities on
any lot with a street-to-setback gradient that
exceeds twenty (20) nercent, reguired narking
stalls mav be nennitted to extend into the nublic
right-of-way of an adjoining street subject to
_the following standards (see Illustration I-20c):
I. The reguired narking stalls shall be
located nemendicular to the street right-of-way
and the edge of the curb, gavement, or
sidewalk;
2. The narking stalls shall be set back
a minimum of five feet from the edge of street
Qavement including any curbs or sidewalks; and
3. The narking stalls extending into
the street right-of-way shall not constitute more
than fifty (50) nercent of the reguired
residential narking.

Parking space dimensions.

(See illustration I-21.) The provisions of this section shall apply to all actiVIties in all
zones except Residential Activities occupying One-Family, Two-Family, or Multifamily
Residential Facilities located within the S-12 residential parking combining zone, where the
provisions of Section 17.94.060 shall apply. All required parking spaces shall have the minimum
dimensions set forth below and shall be provided, where necessary, with driveways and
maneuvering aisles as set forth in Section 17.116.210. Compact parking spaces shall count
toward the off-street parking requirements only if located on a lot containing a total of three or
more required spaces. On such a .)at~ one compact space may be provided in lieu of one regular
space for each three required spaces, or remaining fraction of one-half or more thereof All other
required parking spaces shall be regular spaces.
A.
Regular Parking Spaces. A regular parking space shall be not less than
eighteen (18) feet long and eight and one-half feet wide for all parking patterns except parallel
parking, However, where one or both of the long sides of a regular parking space which is at an
angle of ninety (90) degrees or less, but more than sixty (60) degrees, to a maneuvering aisle

58

abuts a wall or other, similar obstruction, the width specified above shall be increased by three
feet. For parallel parking, a regular parking space shall be not less than twenty-two (22) feet long
and eight feet wide.
B.
Compact Parking Spaces. A compact parking space shall be not less than
sixteen (16) feet long and seven and one-half feet wide for all parking patterns except parallel
parking. However, where one or both of the long sides of a compact parking space which is at
an angle of ninety (90) degrees or less, but more than sixty ( 60) degrees, to a maneuvering aisle
abuts a wall or other, similar obstruction, the width specified above shall be increased by three
{jl feet. For parallel parking, a compact parking space_shall be not less than twenty (20) feet
long and seven feet wide. (Prior planning code 7539)
17.116.210

Driveways and maneuvering aisles for parking.

Where necessary, maneuvering aisles and driveways shall be provided of such

design and arrangement as to provide adequate ingress to and egress from all required parking
spaces. (See also Sections 17.94.070, 17.94.080, 17.116.240, 17.116.250, and 17.116.260.)
Except within the S-12 residential parking combining zone, where the provisions of Section
17.94. 080 shall apply, and for shared access facilities, where the provisions of Section
17.102.090 shall apply, a an onsite driveway serving any required off-street parking area shall
have a minimum width of nine _(2) feet. Driveways serving Residential Facilities with one or two
living units on one lot shall be not more than nineteen (19) feet in width with a curb cut no more
than nineteen (19) feet in width, and shall be limited to one driveway and one driveway curb cut
per lot. Driveways serving one lot or serving any of several adjacent lots under the same
ownership shall be separated edge-to-edge by at least twenty-five (25) feet; where curbs exist,
the separation shall be by at least twenty-five (25) feet of full vertical curb. Driveways serving
adjacent lots under different ownership shall be separated edge-to-edge by at least ten (10) feet:
where curbs exist, the separation shall be by at least ten (I 0) feet of full vertical curb. Except for
activities occupying One-Family, Two-Family, or Multifamily Residential Facilities located
within the S-12 residential parking combining zone, where the provisions of Section 17.94.070
shall apply, maneuvering aisles necessary for access into and out of required parking spaces shall
have the following minimum widths, whether serving regular or compact parking spaces: (See
illustration I-21.)

A
B.

Where parking is parallel: twelve (12) feet;

Where parking is at an angle of forty-five (45) degrees or less: twelve (12)

feet;
C.
Where parking is at an angle of sixty (60) degrees or less but more than
forty-five (45) degrees: sixteen (16) feet;
D.
Where parking is at an angle of ninety (90) degrees or less but more than
sixty (60) degrees: twenty-four (24) feet. (Prior planning code 7540)

17.116.250

Maximum backing distance.

All required off-street parking facilities which are located on any lot containing
three or more required parking spaces or containing required spaces for two or more Residential

59

living units, and all required off-street loading facilities on any lot, shall be so designed and
located that a vehicle need not back up from any such required parking space or loading berth for
a distance greater than one hundred (I 00) feet in order to reach a street. The one hundred (100)
feet shall be measured from the back of the furthest required parking space to the back of the
sidewalk or. if there is no sidewalk. to the edge of pavement or face of curb. whichever is
applicable. (Prior planning code 7544)

17.116.260

Surfacing and grade of parking and loading facilities.

A.
Slopes (see Illustration I-21 a). The maximum slope of any required
maneuvering aisle, parking space, or loading berth shall be ten percept. The maximum slope of
any required driveway shall be twenty five (25) percent. For all driveways. extending from
streets without curbs. gutters or sidewalks, the first five (5) feet of the driveway shall be level
with the edge of pavement. For driveways less than fifteen (15) feet in length, the maximum
slope for other than the first five (5) feet shall be ten (1 0) percent. For driveways (5) feet or
more in length but less than twenty-five (25) feet. the maximum slope for the first ten {'iil)) feefof
driveway beyond the level portion shall be ten (10) percent and the maximum slope of the
remainder shall be fifteen (15) percent. For driveways twenty-five (25) feet or more in length.
the maximum slope for the first ten (1 0) feet of driveway beyond the level portion shall be ten
(10) percent, the maximum ~lope for the final ten (10) feet shall be fifteen (15) percent. and the
maximum slope for the portion between shall be twenty-five (25) percent. For downslope
driveways leading to garages. the final two (2) feet shall be level or upslope not exceeding five
(5) percent.
_ _ _ _ _ _B="--.-=S=u"-=rf:=a=ci""'n="g. All required parking and loading facilities shall have a durable,
dustless, all-weather surface; shall have satisfactory disposal of surface waters by grading and
drainage; and shall be permanently maintained in good condition. All driveways with a slope of
twenty (20) percent or more shall have a serrated concrete surface or other surface providing a
similar level oftraction.
C. Design for Runoff All required off-street parking facilities located on any lot
containing three or more required spaces, and all required off-street loading facilities-on any lot,
shall be so designed that surface water will not drain over any sidewalk. (Prior planning code
7546)
C. For all other activities for which loading facilities are required: thirty-three
(33) feet long, twelve (12) feet wide, and fourteen (14) feet high. (Prior planning code 7541

17.116.270 Screening and setback of parking

And loading areas ..
A.
Residential or S-1, S-2, S-1, or OS Zone. (See Illustration I-16). In all
residential zones and in the S-1, S-2, S-3 and OS zones, all open off-street parking areas on any
lot containing three or more spaces, and all open off-street loading areas on any lot, shall be
screened from abutting lots except $.@\jgfg:W!1~neuvering aisle is shared with the abutting lot in
the manner described in Section 17.116.170(B)(2), by dense landscaping not less than five and
one-half feet high and not less than three feet wide or by a solid lumber or masonry fence or wall
not less than five and one-half feet high, subject to the standards for required landscaping and

60

one-half feet high and not less than three feet wide or by a solid lumber or 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. All such areas shall be
screened from all abutting streets, alleys, and paths and private streets and 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 or 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 therein. No unroofed parking_. . ~.P.~.~~-. .9.E....!..9..~.9.\P.~L.~.~-~-~--.P~-.-~-~-~-~. ...!.9..!.~.-..~E-~.I.I be
located within five feet from any street line or alley~:::#:~~~::::ji::=:~qi!gi1J:::w.&=::~i~~~g~=:::~:%f~!)!8'lW!?:t'!.

Chapter 17.124 LANDSCAPING AND SCREENING.STANDARDS

Sections:
17.124.010
17.124.020
17.124.030
17.124.040
17.124.050
17.124.~ 060
17.124.(}J{) 070
17.124.()4{) 080
17.124.(}${) 090
17.124.~ 100

17.124.10

Title, purpose, and applicability.

Required landscape plan for new residential units and certain
additions to Residential Facilities.
Residential landscape requirements for street frontages.
Residential landscape requirements for downslope lots.
Assurance of landscaping completion.
Maintenance.
Required materials and opacity.
Combination of materials.
Reference level for prescribed heights.
Exceptions to requirements.

Title, purpose, and applicability.

The provisions of this chapter shall be known as the standards for required
landscaping and screening. The purpose of these provisions is to prescribe standards for
development and maintenance of planting, fences, and walls, for the conservation and protection
of property through provision of barriers against traffic, trespass, noise, heat, glare, and dust, and
through improvement of the appearance of individual properties, neighborhoods, and the city.
These standards shall apply to all landscaping and screening required by this chapter and other
provisions of the zoning regulations. (Prior planning code 81 00)

17.124.20

Required landscape plan for new residential units and certain additions to
Residential Facilities.

Submittal and approval of a landscape plan is required for the establishment of a

residential unit and for additions over 500 square feet or on upper stories or attics. The landscape
plan and the plant materials installed pursuant to the plan shall conform with all provisions of
this chapter. The area encompassed by the landscape plan is limited to street-fronting yards and
any abutting unimproved rights-of-way of improved streets or alleys, except that the following
shall apply:

61

A.
Landscape plans for projects involving grading, rear walls on downslope lots
requiring conformity with the screening requirements in Section 17.124.040, or vegetation
management prescriptions in the S-11 zone shall show proposed landscape treatments for all
graded areas, rear wall treatments, and vegetation management prescriptions; and
B.
Landscape plans for projects resulting in two or more living units, excluding
secondary units, shall show the proposed landscape treatment for the entire site.
C.
Within the portions of Oakland northeast of the line formed by State Highway 13
and continued southerly by Interstate 580, south of its intersection with State Highway 13, all
plant materials on submitted landscape plans shall be fire resistant and, to the satisfaction ofthe
Director of City Planning, a substantial portion of the planted area shown on submitted landscape
plans shall be drought tolerant plant materials. The City Planning Department shall maintain lists
of plant materials considered fire resistant and drought tolerant.
D.
All landscape plans shall show proposed methods of irrigation. The methods shall
ensure adequate irrigation of all plant materials for at least one growing season.
17.124.30

Residential landscape requirements for street frontages.

See Illustration I-21 b. All areas between a primary Residential Facility and abutting
street lines shall be fully landscaped, plus any unpaved areas of abutting rights-of-way of
improved streets or alleys, 12rovided, however, on streets without sidewalks, an unplanted strip of
land five (5) feet in width' shall be provided within the right-of-way along the edge of the
pavement or face of curb, whichever is applicable. Existing plant materials may be incorporated
into the proposed landscaping if approved by the Director of City Planning.
In addition to the general landscaping requirements set forth above, a minimum of one
(1) fifteen (15) gallon tree, or substantially equivalent landscaping consistent with city policy and
as approved by the Director of City Planning, shall be provided for every twenty (20) feet of
street frontage or portion thereof and, if a curbside planting strip exists, for every twenty-five
(25) feet of street frontage. On streets with sidewalks where the distance from the face of the
curb to the outer edge of the sidewalk is at least six and one-half (6 1/2) feet, the trees to be
provided shall include street trees to the satisfaction of the Director of Parks and Recreation.

17.124.40

Residential landscape requirements for downslope lots.

See Illustration I-21 b. On downslope lots where the height of the rear elevation of the
primary Residential Facility exceeds twenty-eight (28) feet, landscaping shall be planted to
screen the rear face of the building and shall be:
A.
Planted to number a minimum of one (1) fifteen (15) gallon tree or five (5) five
.(5) gallon shrubs, or substantiall.y equivalent landscaping as approved by the Director of City
Planning for each fifteen (15) feet of lot width, measured at the rear face of the residence; and
B.
Selected and maintained such that it is sufficient in size within five (5) years of
planting to screen the lower ten (10) feet ofthe structure.

17.124.50

Assurance of landscaping completion.

62

The trees. shrubs and landscape materials required by this chapter must either be
planted or a bond. cash deposit. or letter of credit provided for the planting of the landscaping
before the certificate of occupancy will be issued. The amount of such bond. cash deposit. or
letter of credit shall equal the estimated cost of the required landscaping. based on a licensed
contractor's bid.
17.124.aw o6o

Maintenance.

All required planting shall be permanently maintained in good growing condition

and, whenever necessary, replaced with new plant materials to ensure continued compliance with
applicable landscaping. requirements. All required fences and walls shall be permanently
maintained in good condition and, whenever necessary, repaired or replaced. (Prior planning
code 8101)
17.124.~

070

Required materials and opacity.

Required landscaping, fences, and walls shall be composed of the materials

prescribed in other provisions of the zoning regulations. Where trees are required they shall be of
a species, degree of maturity, and spacing prescribed by the Director of City Planning, subject to
the right of appeal from suyh determination pursuant to the administrative appeal procedure in
Chapter 17.132. Where dense landscaping to a specified height is prescribed, the landscaping
shall be of a type which will provide a year-round barrier to the prescribed height, and shall be so
spaced that vision of objects on the opposite side is effectively eliminated. Where a grille fence
or wall is prescribed, it shall have a uniform screen or other open-work design, with an opacity
of not less than twenty-five (25) and not more than seventy-five (75) percent. (Prior planning
code 8102)
17.124.()M) 080

Combination of materials.

Whenever two or more alternative types of landscaping, fences, or walls are

prescribed, they may be provided singly or in any combination. (Prior planning code 81 03)
17.124.(}S(} 090

Reference level for prescribed heights.

The prescribed heights of required landscaping, fences, or walls shall be measured

above the actual adjoining level of finished grade, except that where parking, loading, storage, or
similar areas, or usable open space, are located above finished grade the height of landscaping,
fences, or walls required to screen such areas or space shall be measured above the adjoining
.level thereof (Prior planning code .81 04)
17.124.06{) 100

Exceptions to requirements.

The landscaping and screening requirements set forth in other provisions of the
zoning regulations shall be subject to the following exceptions:
A.
Equivalent Screening on Abutting Lot. Prescribed fences, walls, or dense
landscaping need not be provided along a lot line if a building, fence, wall, or dense landscaping

63

of at least equivalent height, opacity, and maintenance exists immediately abutting and on the
opposite side of said lot line.
B.
Window on Abutting Lot. Prescribed fences, walls, or dense landscaping
need not be higher than three and one-half feet when located opposite and within three feet of
any window in a Residential Facility on an abutting lot, other than a window in a basement or
cellar, or within three feet of any portion of the same story of the wall containing such window
and lying within ten feet in either direction from said window. Landscaping or a fence or wall
shall be considered opposite such a window or portion of wall whenever it would be intersected
by a horizontal plane drawn from the wall perpendicularly to the window.
C.
Adjacent to Excavated Parking or_ Other Area. Where a parking, loading,
storage, or similar area, or usable open space, is excavated below adjoining finished grade, the
depth of excavation may be deducted there from the prescribed height of fences, walls, or
landscaping required to screen the area or space.
D.
Height Within Required Minimum Yard or Court. Required fences, walls,
or dense landscaping need not be higher than three and one-half feet in that portion of any
required minimum yard which lies within ten feet of any street line. The height of fences, walls,
and dense landscaping shall be limited within all required minimum yards and courts by the
applicable provisions of Section 17.108.-l--WG 130.
E.
General Exceptions to Prescribed Heights. The prescribed heights of dense
landscaping shall indicate the height to be attained within three years after planting. The height at
time of planting may be not more than two feet lower for dense landscaping required to be taller
than five feet, and not more than one foot lower for dense landscaping for which a height of less
than five feet is prescribed. An earthen beam not taller than two feet may count toward the
prescribed height of any fence, wall, or dense landscaping.
F.
S 14 Community Restoration Development Combining Zone. The
provisions of the standards for required landscape and screening shall be modified as provided
by Section 17.08.070.

Chapter 17.130 ADMINISTRATIVE PROCEDURES GENERALLY

Sections:
17.130.010
17.130.020
17.130.030
17.130.040
17.130.050

Title, purpose, and applicability.

Alternative notification procedures.
Notice by mail.
Procedure for resolving tie votes.
Presentation ofwritten and documentary evidence.

17.130,040

Procedure for resolving tie votes.

A
Planning Commission is Final Decisionmaking Body. If, in a matter that is
appealable to the Planning Commission or to the Commission's Residential Appeals Committee
and in which the
.
mmission or Committee is the final decision making body, l):~~:it~:i
'=:~f :~ft!!:m!!~~ is unable to reach an affirmative decision to approve or
deny an application, the initial decision by the Planning Director stands as a final decision if the

64

Planning Commission or Committee is unable to reach a decision the second time the matter
appears on the Planning Commission's or Committee's agenda and votes are taken.
B.
City Council is Final Decisionmaking Body. If, in the matter that is
appealable to the City Council, the Planning Commission or the Commission's Residential
Appeals Committee is unable to reach an affirmative decision to approve or deny an application,
the Chair ofthe Commission, in his or her discretion, shall either:
1.
Forward the matter to the City Council if the Chair determines that the
Commission ~r::~~m~~~~~ is deadlocked or if the application would otherwise be automatically
Deemed Approved and the applicant has not agreed to waive the state or local Deemed
Approved provisions; or
2.
Request further votes on the matter at this meeting or at subsequent
meetings, provided however that the Commission or Committee may not continue the matter if it
would result in the application being Deemed Approved.
A tie vote that is forwarded to the City Council, for the Council's decision, shall
be considered a decision for purposes of any state or local Deemed Approved provisions, such
that the application shall not be automatically Deemed Approved and any agreement between the
Planning Director, or Planning Commission or Committee and the applicant extending the time
of such automatic Deemed Approved shall include a statement to this effect. (Ord. 11741 2,
1994: prior planning code ,9003)

17.130.050

Presentation of written and documentary evidence.

Whenever, pursuant to the Oakland Planning Code, an appeal or matter of original

jurisdiction, for which a hearing is required, is pending before the City Council, or City Planning
Commission, or the Commission's Residential Appeals Committee any interested party, while
the hearing is open, may submit written and/or documentary evidence to the City Council, eF
City Planning the Commission or the Committee whichever is applicable, for its consideration.
(Ord. 11828 1, 1995: prior planning code 9004)

Chapter 17.132 ADMINISTRATIVE APPEAL PROCEDURE

Sections:
17.132.010
17.132.020
17.132.030
17.132.040

Title, purpose, and applicability.

Appeal.
Procedure for consideration.
Appeal to Council on transit line sign controls.

17.132.010

Title, purpose, and applicability.

The provisions of this chapter shall be known as the administrative appeal

procedure. The purpose ofthese provisions is to prescribe the procedure by which an appeal may
be taken to the City Planning Commission or, if applicable, to the Commission's Residential
Appeals Committee from any determination or interpretation made by the Director of City
Planning under the zoning regulations. This procedure shall apply to all appeals from such
determinations and interpretations. (Prior planning code 9100)

65

17.132.020

Appeal.

An appeal may be taken to the City Planning Commission by any interested party,
from any administrative determination or interpretation made by the Director of City Planning
under the zoning regulations. In the case of appeals involving one or two unit Residential
Facilities and no Nonresidential Facilities. the appeal shall be considered by the Commission's
Residential Appeals Committee. Such appeal shall be made on a form prescribed by the City
Planning Department and shall be filed with such Department. The appeal shall state specifically
wherein it is claimed there was an error or abuse of discretion by the Director or wherein his or
her decision is not supported by the evidence in the record. The appeal shall be accompanied by
such information as may be required to facilitate review. Upon receipt of the appeal, the
Secretary of the City Planning Commission shall set the date for consideration thereof and, not
less than ten days prior thereto, give written notice to: the applicant; the appellant in those cases
where the applicant is not the appellant; adverse party or parties, or to the attorney,
spokesperson, or representative of such party or parties; other interested groups and
neighborhood associations who have requested notification; and to similar groups and
individuals as the Secretary deems appropriate, of the date and place of the hearing on the
appeal. (Prior planning code. 910 1)

17.132.030

Procedure for consideration.

In its review of an administrative appeal, the City Planning Commission or, if

applicable. the Commission's Residential Appeals Committee shall consider the purpose and
intent, as well as the letter, of the pertinent provisions, and shall affirm, modify, or reverse the
Director's determination or interpretation. Should a decision not be rendered by the Commission
or Committee within sixty (60) days after filing, the Director's determination or interpretation
shall be deemed reversed in favor of the appellant. However, said time may be extended by
agreement between: the Director of City Planning, or the City Planning Commission or
Committee and the appellant. The decision of the Commission or Committee shall be final
immediately, except as otherwise provided in Section 17.132.040. (Prior planning code 9102)

Chapter 17.134 CONDITIONAL USE PERMIT PROCEDURE

Sections:
17.134.010
.17.134.020
17.134.030
17.134.040
17.134.050
17.134.060
17.134.070
17.134.080
17.134.090

Title, purpose, and applicability.

Definition ofmajor and minor conditional use permits .
Application.
Procedures for consideration.
General use permit criteria.
Appeal to Planning Commission-Minor conditional use
permits/major conditional use petmits in the S 14 zone.
Appeal to Council-Major conditional use permits.
Adherence to approved plans.
Revocation.

66

17.134.100
17.134.110
17.134.120
17.134.130

17.134.050

Regulations governing permit revocation for Fast-Food Restaurants.

Conditional use permit related to planned unit development or
subdivision.
Limitation on resubmission.
Reconsideration by the Planning Commission of decisions on
secondary
General use permit criteria.

Except as different criteria are prescribed elsewhere in the zoning regulations, a

conditional use permit shall be granted only if the proposal conforms to all of the following
general use permit criteria, as well as to any and all other applicable use permit criteria:

A.
That the location, size, design, and operating characteristics of the
proposed development will be compatible with and will not adversely affect the livability or
appropriate development of abutting properties and the surrounding neighborhood, with
consideration to be given to harmony in scale, bulk, coverage, and density; to the availability of
civic facilities and utilities; to harmful effect, if any, upon desirable neighborhood character; to
the generation of traffic and the capacity of surrounding streets; and to any other relevant impact
ofthe development;
B.
That the location, design, and site planning of the proposed development
will provide a convenient and functional living, working, shopping, or civic environment, and
will be as attractive as the nature of the use and its location and setting warrant;
C.
That the proposed development will enhance the successful operation of
the surrounding area in its basic community functions, or will provide an essential service to the
community or region;
D.
That the proposal conforms to all applicable design review criteria set
forth in the design review procedure at Section 17.136.070;
E.
For proposals involving a One or Two Family Residential Facility: If the
conditional use permit concerns a regulation governing maximum height, minimum yards, or
maximum lot coverage or building length along side lot lines, the proposal also conforms with at
least one ofthe following criteria:
1.
The proposal when viewed in its entirety will not adversely impact
abutting residences to the side. rear, or directly across the street with respect to solar access. view
blockage and privacy to a degree greater than that which would be possible if the residence were
built according to the applicable regulation. and, for conditional use permits allow height
increases. the proposal provides det.ailing, articulation or other design treatments that mitigate
any bulk created by the additional height; or
2.
At least 60 percent of the of the lots in the immediate context are already
developed and the proposal would not exceed the corresponding as-built condition on these lots.
and. for conditional use permits that allow height increases. the proposal provides detailing,
articulation or other design treatments that mitigate any bulk created by the additional height.
The immediate context shall consist of the five closest lots on each side of the project site plus
the ten closest lots on the opposite side of the street (see Illustration I -4b ); however. the Director
of City Planning may make an alternative determination of immediate context based on specific

67

site conditions. Such determination shall be in writing and included as part of any decision on
any conditional use permit.

B.F.
That the proposal conforms in all significant respects with the Oakland
Comprehensive Plan and with any other applicable plan or development control map which has
been adopted by the City Council. (Prior planning code 9204)

17.134.060

Appeal to Planning Commission-Minor conditional use permits/major

eonditionaluse permits in the 8 14 zone.

A.
:Minor Conditional Use Permits In All Zones Except the 8 14 Zone.
Within ten calendar days after the date of a decision by the Director of City Planning on an
application for a minor conditional use permit, an appeal from said decision may be taken to the
City Planning Commission by the applicant or any other interested party. In the case of appeals
involving one or two unit Residential Facilities and no Nonresidential Facilities, the appeal shall
be considered by the Commission's Residential Appeals Committee. In event the last date of
appeal falls on a weekend or holiday when city offices are closed, the next date such offices are
open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed
by the City Planning Department and shall be filed with such Department. The appeal shall state
specifically wherein it is claimed there was an error or abuse of discretion by the Director or
wherein his or her decision is not supported by the evidence in the record. Upon receipt of the
appeal, the Secretary of the City Planning Commission shall set the date for consideration
thereof, which shall be not more than thirty (30) days from the date the appeal is filed. and, not
Not less than ten days prior thereto, to the date of the Commission's or Residential Appeals
Committee's consideration ofthe appeal, the Secretary shall give written notice to: the applicant;
the appellant in those cases where the applicant is not the appellant; adverse party or parties, or
to the attorney, spokesperson, or representative of such party-or parties; other interested groups
and neighborhood associations who have requested notification; and to similar groups and
individuals as the Secretary deems appropriate, of the date and place of the hear1ng on the
appeal. In considering the appeal, the Commission or, if applicable, the Committee shall
determine whether the proposed use proposal conforms to the general_ use permit criteria set forth
in Section 17.134.050 and to any other applicable use permit criteria, and may grant or deny a
permit or require such changes in the proposed use or impose such reasonable conditions of
approval as are in its judgment necessary to ensure conformity to said criteria. The decision of
the Commission or, if applicable, the Committee shall be final.
B.
Major Conditional Use Permits In the S 14 Zone. Vlithin ten calendar
days after the date of the decision by the Planning Official on an application for a major
conditional use permit made pursuant to Section 17.l34.040(A)93), an appeal from said decision
may be taken to the City Planning Commission by the applicant or any other interested party. In
the event the last date of appeal falls on a weekend or holiday \>Vhen city offices are closed, the
next date such offices are open for business shall be the last date of appeal. Such appeal shall be
made on a form prescribed by the City Planning Department and shall be filed with such
Department. The appeal shall state specifically \Vherein it is claimed there was an error or abuse
of discretion by the Director or wherein his or her decision is not supported by the evidence in
the record. Upon receipt of the appeal, the Secretary of the City Planning Commission shall set
the date for consideration thereof and, not less than ten days prior thereto, give '.vritten notice to:

68

the applicant; the appellant in those cases where the applicant is not the appellant; adverse party
or parties, or to the attorney, spokesperson, or representative of such party or parties; other
interested groups and neighborhood associations who have requested notification; and to similar
groups and individuals as the Secretary deems appropriate, of the date and place of the hearing
on the appeal. In considering the appeal, the Commission shall determine whether the proposed
use confurms to the general use permit criteria set forth in Section 17.134.050 and to any other
applicable use permit criteria, and may grant or deny a permit or require such changes in the
proposed use or impose such reasonable conditions of approval as are in its judgment necessary
to ensure conformity to said criteria. The decision of the Commission shall be final. (Prior
planning code 9205)

Chapter 17.136 DESIGN REVIEW PROCEDURE

Sections:

17.136.130

Title, purpose, and applicability.

Definition of regular and small project design review.
Application.
Review by Landmarks Board in certain cases.
Procedure for consideration- Small project design review.
Procedures for consideration- Regular design review.
Design review criteria.
Appeal to Planning Commission-Regular design review.
Appeal to Council-Regular design review.
Adherence to approved plans.
Revocation.
Design review related to conditional use permit, planned unit
development, variance, or subdivision.
Limitation on resubmission- Small project design review. -

17.136.020

Definition of regular and small project design review.

17.136.010
17.136.020
17.136.030
17.136.040
17.136.050
17.136.060
17.136.070
17.136.080
17.136.090
17.136.100
17.136.110
17.136.120

A
Small Project Design Review. "Small project design review" means design
review for projects in nonresidential zones which i-s are determined exempt from the California
Environmental Act; d-ees do not require any other permit, variance or other approval pursuant to
the zoning regulations of Title 17 of the Oakland Planning Code; and i-s are limited to one or
more ofthe following types ofwork:
1.
New or modified Signs attached to the face of buildings, excluding Advertising
Signs and Signs extending above the roofiine;
2.
New or modified awnings;
3.
Color changes to buildings, signs, awnings or other facilities;
4.
Any alteration or addition to a facility determined by the Director of City
Planning to not be visible from the street or other public area, including installation of loading
docks, recycling areas, or other open structures attached to buildings that do not involve new
interior floor area;

69

5.
Changes to storefront window framing with no changes to window sizes, types of
materials;
6.
Changes to previously altered doors and windows that restore the doors and
windows to their original or historic design;
7.
Installation of flags.
8.
Sidewalk Cafe facilities having more than five tables/fifteen (15) chairs and/or
constructing any permanent structure within the public right ofway, subject to 17.102.335B.
B.
Regular Design Review. "Regular design review" means design review which
exceeds the scope ofwork listed in subsection A of this section.
C.
Applicant Option to File Application for Regular Design Review for Work
Requiring Only Small Project Design Review. Applications for work requiring only small
project design review may under subsection A of this section, at the applicant's option, be filed
and processed as an application for regular design review. Applicants may elect to file an
application for regular design review in these circumstances in order to obtain a right of appeal.
After an application for small project design review has been filed, the applicant may not change
the application to regular design review, except as provided in Section 17.136.130, unless the
scope ofwork has changed to require regular design review. (Ord. 12224 8, 2000; Ord. 11816
2 (part), 1995: prior planning code 9301)

17.136.060

Procedures for consideration- Regular design review.

Proposals in General Design Review Zones and Miscellaneous Cases-Decisions

A
Ultimately Appealable to City Council. (This procedure shall apply if regular design review is
required under any provision of the zoning regulations other than, or in addition to Section
17.22.030, 17.24.030, 17.26.030, 17.28.030, 17.30.030, 17.32.030, 17.40.030, 17.50.030,
17.52.020, 17.54.030, 17.56.030, 17.58.020, 17.60.030, 17.62.020, eF 17.76.030 or 17.101B.40)
An application for regular design review shall be considered by the Director of City Planning.
The Director may, at his or her discretion, refer the application to the City Planning Commission
for decision rather than acting on it himself or herself. However, if the project requires
development of an Environmental Impact Report, or involves twenty-five thousand (25,000)
square feet of floor area and is located in any zone other than the R-80, R-90, C-51, C-55, S-2, or
S-15 zones, the Director of City Planning shall refer the application to the City Planning
Commission for decision rather than acting on it himself or herself At his or her discretion, an
administrative hearing may be held. Notice shall be given by posting notices thereof within three
hundred (300) feet ofthe property involved in the application; notice shall also be given by mail
or delivery to all persons shown on the last available equalized assessment roll as owning real
property in the city within three hundred (300) feet of the property involved. All such notices
shall be given not less than ten days prior to the date set for the hearing, if such is to be held, or,
if not, for decision on the application by the Director or the Commission, as the case may be.
The Director or the Commission may seek the advice of outside design professionals. The
Director or the Commission, as the case may be, shall determine whether the proposal conforms
to the applicable design review criteria, and may approve or disapprove the proposal or require

70

such changes therein or impose such reasonable conditions of approval as are in his or her or its
judgement necessary to ensure conformity to said criteria.
A determination by the Director shall become final ten days after the date of decision
unless appealed to the City Planning Commission in accordance with Section 17.136.100. In
those cases, which are referred to the Commission by the Director, the decision of the
Commission shall become final ten days after the date of decision unless appealed to the City
Council in accordance with Section 17.136.090. In the event that the last day of appeal falls on a
weekend or holiday when city offices are closed, the next date such offices are open for business
shall be the last date of appeal.
B.
Proposals Requiring Regular Design Review Only Because of Creation of Five
Project Involves or Results in Three or More Units or Creates a One or Two Unit Residential
Facility Over 3,500 Square Feet in Floor Area in the S-18 Zone. -- Decision~ Not Ultimately
Appealable to City Council. (This procedure shall apply if regular design review is required
under any provision of the zoning regulations other than, or in addition to, Section 17.22.030,
17.24.030, 17.26.030, 17.28.030, 17.30.030, 17.32.030, 17.40.030, 17.46.030~ 17.50.030,
17.52.020, 17.54.030, 17.56.030, 17.58.020, 17.60.030, 17.62.020, eF-17.76.030 or 17.101B.40.)
An application for regular design review sha11 be considered by the Director of City Planning.
The Director may, at his or her discretion, refer the application to the City Planning Commission
for decision rather than acting on it himself or herself. However, if the project requires
development of an Environmental Impact Report or involves twenty-five thousand (25,000)
square feet of floor area or twenty five (25) or more dwelling units and is located in any zone
other than the R-80, R-90, C-51, C-55, S-2, or S-15 zones, the Director shall refer the application
to the Commission for decision rather than acting on it himself or herself. If the Director refers
the application to the Commission for decision, it shall be processed pursuant to subsection A of
this section. At his or her discretion, an administrative hearing may be held. Notice shall be
given by posting notices thereof within three hundred (300) feet of the property involved in the
application; notice shall also be given by mail or delivery to all persons shown on the last
available equalized assessment roll as owning real property in the city within three hundred (300)
feet of the property involved. All such notices shall be given not less than ten days prior to the
date set the hearing, if such is to be held, or, if not, for decision on the application by the
Director.
The Director or the applicant may seek the advice of outside design professionals. The
Director shall determine whether the proposal conforms to the applicable design review criteria,
and may approve or disapprove the proposal or require such changes therein or impose such
-reasonable conditions of approval as are in his or her judgment necessary to ensure conformity to
said criteria. A determination by the Director shall become final ten calendar days after the date
of decision unless appealed to the City Planning Commission in accordance with Section
17.136.100. In the event that last date of appeal falls on a weekend or holiday when city offices
are closed, the next date such offices are open for business shall be the J.as last date of appeal.
C.
Period of Consideration. Should a decision not be rendered pursuant to subsection
A or B of this section within sixty (60) days after filing, the application shall be deemed
approved except when, pursuant to the California Environmental Quality Act, an environmental

71

document is required prior to decision, in which case should a decision not be rendered within
sixty (60) days after final action on the environmental document, the application shall be deemed
approved. In any case, however, the date by which a decision must be rendered may be extended
by agreement between the Director of City Planning or the City Planning Commission and the
applicant.
D.
Alternative Notification Procedures. If the conditions as set forth in Section
17.130.020 apply, alternative notification procedures discussed therein may replace or
supplement the procedures set forth in subsections A and B of this section. (Ord. 12237 4
(part), 2000; Ord. 11816 2 (part), 1995: prior planning code 9305)
17.136.070
Design review criteria.
Except as different criteria are prescribed elsewhere in the zoning regulations, design
review approval may be granted only if the proposal conforms to all of the following criteria, as
well as to any and all other applicable design review criteria:

For Residential Facilities.

1.
That the proposed design will create a building or set of buildings that are well
related to the surrounding an~a in their setting, scale, bulk, height, materials, and textures;
2.
That the proposed design will protect, preserve, or enhance desirable
neighborhood characteristics;
3.
That the proposed design will be sensitive to the topography and landscape;
4.
That, if situated on a hill, the design and massing of the proposed building relates
to the grade of the hill;
5.
That the proposed design conforms in all significant respects with the Oakland
Comprehensive Plan and with any applicable district plan or development control map which has
been adopted by the City Council.
B.

For Nonresidential Facilities and Signs.

1.
That the proposal will help achieve or maintain a group of facilities which are
well related to one another and which, when taken together, will result in a well-composed
design, with consideration given to site, landscape, bulk, height, arrangement, texture, materials,
colors, and appurtenances; the relation of these factors to other facilities in the vicinity; and the
relation of the proposal to the total setting as seen from key points in the surrounding area. Only
elements of design which have some significant relationship to outside appearance shall be
considered, except as otherwise provided in Section 17.102.030;
2.
That the proposed design will be of a quality and character which harmonizes
with, and serves to protect the value of, private and public investments in the area;
3.
That the proposed design conforms in all significant respects with the Oakland
Comprehensive Plan and with any applicable district plan or development control map which has
been adopted by the City Council. (Ord. 11816 2 (part), 1995; prior planning code 9306)
C.

For Retaining Walls.

72

1.
That the retaining wall is consistent with the overall building and site design and
respects the natural landscape and topography ofthe site and surrounding areas;
2.
That the retaining wall is responsive to human scale, avoiding large, blank,
uninterrupted or undesigned vertical surfaces;
3.
That the retaining wall respects the natural topography, avoiding obvious scars on
the land.

17.136.080

Appeal to Planning Commission-Regular design review.

Within ten calendar days after the date of a decision by the Director of City Planning on
an application for regular design review, an appeal from said decision- may be taken to the City
Planning Commission by the applicant, the Landmarks Preservation Advisory Board, or any
other interested party. In the case of appeals involving one or two unit Residential Facilities and
no Nonresidential Facilities, the appeal shall be considered by the Commission's Residential
Appeals Committee. In the event the last day of appeal falls on a weekend or holiday when city
offices are closed, the next date offices are open for business shall be the last date of appeal.
Such appeal shall be made on a form prescribed by the City Planning Department and shall be
filed with such Department. The appeal shall state specifically wherein it is claimed there was an
error or abuse of discretion ~y the Director or wherein his or her decision is not supported by the
evidence in the record. Upon receipt of such appeal, the Secretary of the City Planning
Commission shall set the time for consideration thereof, which shall not be more than thirty (30)
days from the date the appeal is filed. and, not Not less than ten days prior thereto, to the date of
the Commission's or Residential Appeals Committee's consideration of the appeal, the Secretary
shall give written notice to: the applicant; the appellant in those cases where the applicant is not
the appellant; adverse party or parties, or to the attorney, spokesperson, or representative of such
party or parties; other interested groups and neighborhood associations who have requested
notification; and to similar groups and individuals as the Secretary deems appropriate, ofthe date
and place of the hearing on the appeal. In considering the appeal, the Commission or. if
applicable, the Committee shall determine whether the proposal conforms to the. applicable
design review criteria, and may approve or disapprove the proposal or require such changes
therein or impose such reasonable conditions of approval as are in its judgment necessary to
ensure conformity to said criteria. The Commission or, if applicable, the Committee or the
applicant may seek the advice of outside design professionals. If the proposal is being considered
under the procedure specified in Section 17. I 36.060A or also requires a major variance, the
decision of the Commission or, if applicable, the Committee shall become final ten calendar days
after the date of decision unless appealed to the City Council in accordance with Section
17.136.090. In the event the last date of appeal falls on a weekend or holiday when city offices
are closed, the next date such offices are open for business shall be the last date of appeal. If it is
being considered under the procedure specified in Section 17.136.060B and does not also require
a major variance, the decision of the Commission or, if applicable, the Committee shall be final
immediately. (Ord. 11816 2 (part), 1995: prior planning code 9307)

17.136.120
Design review related to conditional use permit, planned unit development,
variance or subdivision.

73

Whenever design review approval is required for a proposal also requiring a conditional
use permit, eF planned unit development permit or variance, the application for design review
shall be included in the application to said permit and shall be processed and considered as part
of same; provided that decisions on the design review aspects of a proposal also requiring a
minor conditional use permit or minor variance shall still be appealable within ten calendar days
after the date of decision to the City Planning Commission or City Council to the extent such
appeal would otherwise be allowed under Sections 17.136.080 and 17.136.090. In the event the
last date of appeal falls on a weekend or holiday when city offices are closed, the next date such
offjces are open for business shall be the last date of appeal. However, in any case the provisions
of Sections 17.136.030A and 17.136.040 shall still apply; and the reviewing officer or body
shall, in considering the design review aspects of the proposal, determine whether it conforms to
all the applicable design review criteria. Whenever design review approval is required for a
proposal also requiring subdivision approval, the application for design review approval may be
submitted with the tentative map or tentative parcel map required by the Oakland Municipal
Code, but shall nonetheless be subject to all the separate procedure and criteria pertaining to
design review. (Ord. 11816 2 (part), 1995: prior planning code 9311)

Chapter 17.142 SITE DEVELOPMENT AND DESIGN REVIEW PROCEDURE

17.142.050

Appeal to Planning Commission.

Within ten calendar days after the date of a decision by the Director of City Planning on
an application for site development and design review, an appeal from said decision may be
taken to the City Planning Commission by the applicant or any other interested party. In the case
of appeals involving one or two unit Residential Facilities and no Nonresidential Facilities, the
appeal shall be considered by the Commission's Residential Appeals Committee. In the event the
last day of appeal falls on a weekend or holiday when city offices are closed, the next date
offices are open for business shall be the last date of appeal. Such appeal shall be made on a form
prescribed by the City Planning Department and shall be filed with such Department. -The appeal
shall state specifically wherein it is claimed there was an error or abuse of discretion by the
Director or wherein his or her decision is not supported by the evidence in the record. Upon
receipt of such appeal, the Secretary of the City Planning Commission shall set the time for
consideration thereof, which shall not be more than forty-five ( 45) days from the date the appeal
is filed. and, not Not less than ten days prior thereto, to the date of the Commission's or
Residential Appeals Committee's consideration of the appeal, the Secretary shall give written
notice to: the applicant; the appellant in those cases where the applicant is not the appellant;
adverse party or parties, or to the attorney, spokesperson, or representative of such party or
parties; other interested groups and neighborhood associations who have requested notification;
and to similar groups and individuals as the Secretary deems appropriate, of the date and place of
the hearing on the appeal. In considering the appeal, the Commission or, if applicable, the
Committee shall determine whether the proposal conforms to the applicable site development
and design review criteria, and may approve or disapprove the proposal or require such changes
therein or impose such reasonable conditions of approval as are in its judgment necessary to
ensure conformity to said criteria. The Commission or, if applicable, the Committee or the
applicant may seek the advice of outside design professionals. If the proposal is being considered
under the procedure specified in Section 17.142.030B or (C)(l), the decision of the Commission

74

or, if applicable, the Committee shall become final ten calendar days after the date of decision
unless appealed to the City Council in accordance with Section 17.142.060. In the event the last
date of appeal falls on a weekend or holiday when city offices are closed, the next date such
offices are open for business shall be the last date of appeal. If it is being considered under the
procedure specified in Section 17.142.030A and does not also require a major conditional use
permit or a major variance, the decision of the Commission or, if applicable, the Committee shall
be final immediately. (Prior planning code 9455)
C~apter

17.146 SPECIAL RESIDENTIAL DESIGN REVIEW PROCEDURE

17.146.040

Special residential design review standards and criteria.

Special residential design review may be granted only upon determination that the
proposal conforms to the "Special Residential Design Review Checklist Standards and
Discretionary Criteria" as adopted by resolution by the City Council the City Planning
Commission. (Prior planning code 9554)
Chapter 17.147 MEDIATED RESIDENTTA L DESIGN REVIEW PROCEDURE
Sections:
17.147.010
17.147.020
17.147.030
17.147.040
17.147.050
17.147.060
17.147.070
17.147.010

Title, purpose and applicability.

Definitions.
Application.
Procedure for consideration.
Appeal to Planning Commission's Residential Appeals Committee.
Adherence to approved plans.
Revocation.
Title, purpose and applicability

The provisions of this chapter shall be known as the mediated residential design
review procedure. The purpose of these provisions is to prescribe the procedure for the review of
new construction or upper story or attic addition projects that involve or result in one or two
dwelling units on a lot, have a cumulative floor area of less than 3,500 square feet for all
Residential Facilities on the lot; are not subject 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; and are located in areas where the proposal
may adversely affect properties in close proximity, especially with respect to the proposal's
massing or bulk and any view, privacy and solar access impacts of the proposal on neighboring
properties. It is also the purpose of these provisions to establish a procedure where the project
applicant and owners of neighboring properties have the opportunity to resolve, through
mediation, any issues concerning the project design and to encourage the applicant and
neighboring owners to have early discussion on proposed projects so that these issues can be
resolved prior to the submittal of an application. Tt is also the purpose of these provisions to
encourage low-cost and timely mediation, such as that often provided by nonprofit mediation

75

organizations, when available. This procedure shall apply to all proposals for which mediated
residential design review is required by the zoning regulations.

17.147.020

Definitions.

As used in this chapter:

"Applicant" means the person who submitted the application for mediated residential
design review. The applicant shall be either the owner of the project site or the owner's
authorized agent.

.: :;- : : ~;~ =: :-;~;=;= =:=: ~-

:r~i~i~l~~~ii~t:

.... .)i~l~lC)~~~~~=

:)_.; .: .(rt\:

"Property adjacent tothe project site" means any lot which abuts the lot or lots containing
the project site (see Illustration I-29).
"Property directly across any street abutting the project site" means all lots with street
lines that would be intersected by any line perpendicular to any street line of the lot or lots
containing the project site (see Illustration I-29).
"Request for mediation" means a written request for mediation as further described in
Section 17.197.040 of this chapter. Requests for mediation may be submitted only by the
applicant and persons owning property adjacent to the project site or property directly across any
street abutting the project site.

17.147.030

Application.

A.
Preliminary Review of Proposal by City Planning Department for Conformity
with Zoning Requirements. Prior to application for any proposal which requires mediated
residential design review, the owner or his or her authorized agent shall submit the plans to the
City Planning Department for preliminary review. The purpose of this review is to verify that the
plans conform to applicable provisions of the zoning regulations, including but not limited to
height limits, required yards and parking requirements, and that the proposal does not require a
conditional use permit, variance, design review or other discretionary City Planning Department
approval. The plan submittal sha"Il include all of the information listed in subsection C of this
section and the fee for preliminary review prescribed in the fee schedule in Chapter 17.150. The
City Planning Department shall complete the preliminary review within five (5) working days of
receipt of a complete plan submittal and provide:

1.
a written determination of whether the proposal conforms with applicable zoning
requirements; and
2.
a list of the names and addresses of all persons shown on the latest available
equalized assessment roll as owning property adjacent to the project site or property directly

76

B.
Notice of Proposed Development to be Posted at Project Site and Review of
Proposal by Owners ofProperty Adjacent to or Directly lil~i Any Street Abutting the Project
Site. Following a determination by the City Planning Department that the plans conform with all
applicable zoning requirements, the owner or owner's authorized agent shall:

1.
Post a "Notice of Proposed Development" at a location on the project site that is
clearly visible from an adjacent street; the form for the notice shall be provided by the City
Planning Department; the notice form shall be completed by the owner or owner's authorized
agent and shall include the following information:
a.
name, address and telephone number ofthe owner or owner's authorized agent;
b.
address, if any, and Assessor's Parcel Number(s) of the project site;
c.
project description; and
d.
a statement that anyone desiring further information on the project may contact
the owner or owner's authorized agent at the address and telephone number shown on the notice;
2.
provide a copy of the plans to all persons owning property adjacent to the project
site or directly across any street abutting the project site as shown on the list provided by the City
Planning Department pursuant to subsection A of this section; and
3.
obtain owners' signatures on the plans acknowledging that they have been shown
the plans and indicating whether they have any objections to the proposal as shown on the plans
or, if such signatures are not obtained, prepare the certification set forth in subsection C.l. below
of this section.
Labels for obtaining owners' signatures to be affixed to the plans shall be provided by the
City Planning Department.

C.
Application for Mediated Residential Design Review. Application for mediated
residential design review shall be made by the owner of the project site, or the owner's
authorized agent, on a form prescribed by the City Planning Department and shall be filed with
such Department. The application shall be accompanied by such information as may be required
to allow applicable 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, relationships to view planes. elevations, grading and retaining wall plans.
The application shall include:
1.
copies of the plans with signatures of persons owning property adjacent to the
project site or property directly across any street abutting the project site as shown on the list
provided by the City Planning Department pursuant to subsection A of this section. For each
owner who refused to sign or could not be contacted, the person submitting the application must

77

provide written certification on a form provided by the City Planning Department that an attempt
has been made to obtain that owner's signature through either holding a meeting with the owner
at which the owner refused to sign or mailing the plans to the owner with at least ten (10) days to
respond; and
2.
a copy of the completed "Notice of Proposed Development" described in
subsection B of this section that was posted on the project site and a photograph of the posted
notice.

17.147.040

Procedure for consideration.

A.

Notice of Application Submittal and Opportunity to Request Mediation. Upon the

filing of an application for mediated residential design review. notice shall be posted at the
project site and by mail or delivery to the applicant and to all persons owning property adjacent
to the project site or directly across any street abutting the project site as described in Section
17.147.020. The notice shall advise:

1.
ofthe receipt of the application;
2.
the time and place where the plans may be reviewed prior to the decision on the
application by the Director cff City Planning;
3.
that any person owning property adjacent to the project site or directly across any
street abutting the project site as described in Section 17.147.020 may submit comments on the
application and may submit a request for mediation; that the applicant may also submit a request
for mediation; that any comments or request for mediation must be in writing and received by
the City Planning Department within ten (1 0) days of the date of the notice; and that if the last
day for submitting comments or request for mediation falls on a weekend or holiday when city
offices are closed, the next day offices are open for business shall be the last day for such
submittals;
4.
that one-half of the costs of any mediation shall be paid by the applicant and the
other half shall be paid in equal proportion by those persons owning property adjacent to the
project site or directly across any street abutting the project site as described in Section
17.147.020 and who are participating in the mediationJ and
5.
that anyone who does not submit a request for mediation will lose the right to
appeal the decision on the application by the Director of City Planning.
B.
Response to Requests for Mediation. The City Planning Department shall within
three (3) working days provide written notice to the applicant of the filing of any valid request
for mediation in response to the notice described in subsection A of this section. If mediation is
requested by the applicant. the City Planning Department shall within three (3) working days
provide written notice of such request to all persons owning property adjacent to the project site
or directly across any street abutting the project site as described in Section 17.147.020. Each
recipient of such written notice shall, within five (5) working days of the date of the notice,
inform the City Planning Department in writing of whether that recipient agrees to mediation.
Failure of a recipient to respond within five (5) working days shall constitute a refusal of
mediation.
If mediation is held. the parties shall have thirty (30) days to agree on a mediator and
complete the mediation process. including submittal of the mediator's report described below.
The thirty (30) day time period shall commence upon conclusion of the five (5) working day

78

response period to any submittal of a request for mediation set forth above in this subsection B
and may be extended beyond thirty (30) days by agreement of all mediation participants.
Attendance at the mediation shall be limited to the mediator; the applicant; all persons owning
property adjacent to the project site or directly across any street abutting the project site as
described in Section 17.147.020 and who requested or agreed to mediation; and any agents and
design professionals authorized by the participants to assist them during the mediation. Any
written comments received by the City Planning Department by the end of the ten (1 0) day
period set forth in subsection A of this section shall be provided to the mediator. Any issue
related to the project design may be presented during mediation. One half of the mediation costs
shall be paid by the applicant and the other half shall be paid in equal proportion by those
per-sons owning property adjacent to the project site or. directly across any street abutting the
project site as described in Section 17.147.020 and who are participating in the mediation.
The mediator shall submit a report on the mediation to the City Planning Department.
Unless all parties to the mediation waive their rights to confidentiality as set forth in Sections
.1115 through 1128 of the California State Evidence Code, the report shall state only whether or
not an agreement was reached. If all parties to the mediation waive such rights to confidentiality,
the report shall:
(I) detail all items on which agreement was reached;
(2) on items on which agreement could not be reached, state the different sides' starting
'
and ending positions and any proposals presented concerning these items; and
(3)include any other comments which the parties to the mediation agree to disclose.
If the parties to any mediation are unable to achieve full agreement through mediation,
nothing in this chapter precludes the parties from submitting any further comments on the
mediated residential design review application, provided that all communications, negotiations or
settlement discussions by and between participants in the course of a mediation or mediation
consultation shall remain confidential\' unless. such confidentiality has been waived as described
in this subsection.
C.
Decision by the Director of City Planning.
An application for mediated
residential design review shall be considered by the Director of City Planning. In all cases, the
Director shall determine whether the proposal conforms to the "Special Residential Design
Review Checklist Standards and Discretionary Criteria" as adopted by the City Planning
Commission.

If mediation occurred, and resolved any issues brought forward concerning building mass
or bulk or concerning view, privacy or solar access impacts on neighboring properties, whose

79

If mediation occurred, but did not resolve or only partially resolved any issues brought
forward concerning building mass or bulk or concerning view, privac)L or solar access impacts on
the neighboring properties whose owners, or the owners' authorized agents, attended the
mediation, the Director of City Planning shall also determine with respect to these unresolved
issues, mt:~:::fmnl::mii)~::::::1j.i!liti:fi!Y.\::::::I~:::mtllimiM:::::mn::::::tfi~i:::w:i~1m1.n:::::::t.lmfi~ whether the proposal
conforms with the "Residential Design Review Guidelines for Building Mass and Bulk and for
View, Privacy and Solar Access Impacts on Neighboring Properties" as adopted by the City
Planning Commission.
In all cases, the Dir~ctor of City Planning may approve or disapprove the proposal and
may require such changes therein, including changes to building height and/or minimum yard
size, or impose such reasonable conditions of approval necessary to ensure conformity with said
Special Residential Design Review Checklist Standards and Discretionary Criteria and, where
applicable, said Residential Design Review Guidelines for Building Mass and Bulk and for
View, Privacy and Solar Impacts on Neighboring Properties.

The Director's decision shall be in writing, shall be provided to all persons who attended
any mediation and shall be final immediately, unless subject to appeal as set forth in Section
17.147.040.
D.
Period of Consideration.
Should a decision not be rendered pursuant to
subsection C of this section within thirty (30) days after filing a complete application, and if no
mediation was requested, the application shall be deemed approved. The thirty (30) day time
.period shall become seventy-five-(75) days if mediation occurred. The date by which a decision
must be rendered may be extended by agreement between the Director of City Planning and the
applicant.
17.147.050

Appeal to Planning Commission's Residential Appeals Committee.

Applicability. The Director of City Planning's decision on an application for

mediated design review may be appealed only under the following circumstances:

80

1.
by any person eligible to participate in mediation as set forth in Section
17.147.040A.3 other than the applicant if the applicant refused a request for mediation; or
2.
by the applicant, if the applicant requested mediation and no other person eligible
to participate in mediation as set forth in Section 17.147.040A.3, agreed to the applicant's
request; or
3.
by anyone who attended any mediation, if the project design agreed to in the
mediation did not conform with the zoning regulations and the design was changed in the
Director of City Planning's decision to achieve such conformity.
B~~?~;]i~fiAppeal Procedure. Within ten (1 0) days after the date of a decision by the
Director of City Planning on an application for mediated residential design review, an appeal
from said decision may -be submitted to the City Planning Commission's Residential Appeals
Committee in any of the circumstances set forth in subsection A of this section. In the event the
last date of appeal falls on a weekend or holiday when city offices are closed, the next date such
offices are open for business shall be the last date of appeal. Such appeal shall be made on a form
prescribed by theCity Plalliling Department and shall be filed with such Department aTong'~~tli
iliitappropriate'fe~:estabilshea in:tlie"Masier .fee Scliedure:
. .
If mediation occurred, the appeal shall state specifically wherein it is claimed there was
an error or abuse of discretion by the Director or wherein his or her decision is not supported by
the evidence in the record. U mediation did not occur, the appeal shall state specifically wherein
the proposal did not conform with the Residential Design Review Guidelines for Building Mass
and Bulk and for View, Privacy and Solar Access Impacts on Neighboring Properties.
Upon receipt of such appeal, the Secretary of the City Planning Commission shall set the
date for consideration thereof, which shall be not more than thirty (30) days from the date the
appeal is filed. Not less than ten days prior to the date of the Committee's consideration of the
appeal, the Secretary shall give written notice to: the applicant; the appellant in those cases
where the applicant is not the appellant; adverse party or parties, or to the attorney,
spokesperson, or representative of such party or parties; other interested groups and
neighborhood associations who have requested notification; and to similar groups and
individuals as the Secretary deems appropriate, of the date and place of the hearing on the
appeal. In considering the appeal, the Committee shall determine whether the proposal conforms
to the applicable decision-making criteria and may grant or deny the proposal or require such
changes therein or impose such reasonable conditions of approval as are in its judgment
necessary to ensure conformity to said criteria. The decision of the Committee shall be final.

17.147.060

Adherence to approved plans.

A mediated residential design review approval shall be subject to the plans and other
conditions upon the basis of which it was granted. Unless a different termination date is
prescribed, the approval shall terminate one year from the effective date of its granting unless
actual construction has begun under necessary permits within such period. However, such period
of time may be extended by the original reviewing officer or body, upon application filed at any
time before said period has expired.

17.147. 070

Revocation.

81

In the event of a violation of any of the provisions of the zoning regulations, or in the
event of a failure to comply with any prescribed condition of approval, the City Planning
Commission may, after holding a public hearing, revoke any mediated residential design review
approval. Notice of the hearing shall be given by posting notices thereof within three hundred
(300) feet of the property involved. Notice ofthe hearing shall also be given by mail or delivery
to the holder of the mediated design review approval, to all parties who have commented on the
initial application. and to other interested parties as deemed appropriate. All such notices shall be
given not less than ten (1 0) days prior to the date set for the hearing. The determination of the
Commission shall become final ten (1 0) calendar days after the date of decision.

Chapter 17.148 VARIANCE PROCEDURE

17.148.030

Application.

In all zones except the S 14 zone, application for a variance shall be made by the owner
ofthe affected property, or his or her authorized agent, on a form prescribed by the City Planning
Department and shall be filed with such Department. In the S 14 zone, the application shall be on
a form prescribed the Planning Official and shall be filed with the Planning Official. The
application shall be accompanied by such information including, but not limited to, site and
building plans, drawings and elevations, and operational data, as may be required to permit the
review ofthe proposal in the context ofthe required findings, and by the fee prescribed in the fee
schedule in Chapter 17.150. (Prior planning code 9602)

17.148.040

Procedure for

consideration~

Major Variances.

1.
In All Zones Except the S-11 Zone. An application for a major variance shall be
considered by the City Planning Commission which shall hold a public heari-ng on the
application. Notice of the hearing shall be given by posting notices thereof within three hundred
(300) feet of the property involved in the application. Notice of the hearing shall also be given by
mail or delivery to all persons shown on the last available equalized assessment roll as owning
real property in the city within three hundred (300) feet of the property involved. All such
notices shall be given not less than ten days prior to the date set for the hearing. The Commission
shall determine whether the conditions required in Section 17.148.050 are present, and may grant
or deny an application for a variance or require such charges in the proposed use or impose such
reasonable conditions of approval_as are in its judgment necessary to promote the purposes of the
zoning regulations. The determination of the Commission shall become final ten calendar days
after the date of decision unless appealed to the City Council in accordance with Section
17.148.070. In event the last date of appeal falls on a weekend or holiday when city offices are
closed, the next date such offices are open for business shall be the last date of appeal.
2.
In the S-11 Zone. The procedure for consideration of major variances in the S-11
zone shall be as set forth in the site development and design review procedure in Chapter 17.142.
3.
Alcoholic Beverage Sales Commercial Activities. In addition to following the
provisions of subsection (A)(1) of this section, the City Planning Commission shall also

82

determine whether the proposal conforms to the criteria for findings of "Public Convenience and
Necessity" set forth in Section 17.102.210(B)(3).

B.

Minor Variances.

1.
In All Zones Except the S-11 and S 14 Zones. An application for a minor
variance shall be considered by the Director of City Planning. However, the Director may, at his
or her discretion, refer the application to the City Planning Commission rather than acting on it
himself or herself At his or her discretion, an administrative hearing may be held. Notice shall
be given by posting notices thereof within three hundred (300) feet of the property involved in
the application; notice shall also be given by mail or delivery to all persons shown on the last
available equalized assessment roll as owning real property in the city _within three hundred (300)
feet ofthe property involved. All such notices shall be given not less than ten days prior to the
date set for the hearing, if such is to be held, or, if not, for decision on the application by the
Director. The Director shall determine whether the conditions required in Section 17.148.050 are
present, and may grant or deny the application for a variance or require such changes in the
proposed use or impose such reasonable conditions of approval as are in his or her judgement
necessary to promote the purposes of the zoning regulations. The determination of the Director
of City Planning shall become final ten calendar days after the date of decision unless appealed
to the City Planning Commjssion in accordance with Section 17.148.060. In those cases which
are referred to the Commission by the Director, the decision of the Commission shall become
final ten days after the date of decision unless appealed to the City Council in accordance with
Section 17.148.070. In event the last date of appeal falls on a weekend or holiday when city
offices are closed, the next date such offices are open for business shall be the last date of appeal.
2.
In the S-11 Zone. The procedure for consideration of minor variances in the S-11
zone shall be as set forth in the site development and design review procedure in Chapter 17.142.
In the S 14 Zone. lm application for a variance shall be considered by the
3.
Planning Official. Notice of the application shall be given by mail or delivery to all persons
shown the on the last available equalized assessment roll as owning real property in the city
within seventy five (75) feet of the property involved. i\.11 such notices shall be given not less
than five days prior to the date set for the hearing, is such is to be held, or, or if not, for decision
of the application by the Planning Official. The Planning Official shall determine whether the
conditions required in Section 17.148.050 are present, and may grant or deny the application a
variance or require such changes in the proposed use or impose such reasonable conditions of
approval as are in his or her judgment necessary to promote the purposes of the zoning
regulations. The Planning Official shall render a decision on the application within t'..venty (20)
'Norlcing days after the filing of a complete application. The determination of the Planning
Official shall become final immediately.

C.
Period of Consideration. Should a decision not be rendered pursuant to subsection
A or B of this section within sixty (60) days after filing, the application shall be deemed
approved except when, pursuant to the California Environmental Quality Act, an environmental
document is required prior to decision, in which case should a decision not be rendered within
sixty (60) days after final action on the environmental document, the application shall be deemed
approved. In any case, however, the date by which a decision must be rendered may be extended

83

by agreement between the Director of City Planning or the City Planning Commission and the
applicant.
D.
Alternative Notification Procedures. If the conditions as set forth in Section
17.130.020 apply, alternative notification procedures discussed therein may replace or
supplement the procedures set forth in subsections A and B ofthis section (Ord. 12237 4 (part),
2000; Ord. 11831 6, 1995; prior planning code 9603)
17.148.050

Findings required.

A.
With the exception of variances for adult entertainment activities, a variance may
be granted only upon determination that all of the following conditions- are present:
1.
a. In All Zones E)(cept the 8 14 Zone. That strict compliance with the specified
regulation would result in practical difficulty or unnecessary hardship inconsistent with the
purposes of the zoning regulations, due to unique physical or topographic circumstances or
conditions of design; or, as an alternative in the case of a minor variance, that such strict
compliance would preclude an effective design solution improving livability, operational
efficiency, or appearance-:
b.
In the 8 14 !?:one. That strict compliance with the specified regulation would
result in practical difficulty or unnecessary hardship inconsistent 'vVith the purposes of this 8 14
zone and the zoning regulations, due to conditions resulting from a fire disaster for which a
declaration of emergency has been proclaimed by federal, state and local governmental
jurisdictions; or resulting from requirements for public improvement; or that such strict
compliance would preclude an effective design solution improving livability, operational
efficiency, or appearance;
2.
That strict compliance with the regulations would deprive the applicant of
privileges enjoyed by owners of similarly zoned property; or, as an alternative in the case of a
minor variance, that such strict compliance would preclude an effective design solution fulfilling
the basic intent ofthe applicable regulation;
3.
That the variance, if granted, will not adversely affect the character, livability, or
appropriate development of abutting properties or the surrounding area, and will not be
detrimental to the public welfare or contrary to adopted plans or development policy;
4.
That the variance will not constitute a grant of special privilege inconsistent with
limitations imposed on similarly zoned properties or inconsistent with the purposes of the zoning
regulations.
5.
For proposals involving one or two dwelling units on a lot: That the elements of
the proposal requiring the variance. (e.g. elements such as buildings, walls, fences, driveways,
garages and carports, etc.) conform with the design review criteria set forth in the design review
procedure at Section 17.136.070.
6.
For proposals involving one or two dwelling units on a lot and not requiring
design review or site development and design review: That all elements of the proposal conform
to the "Special Residential Design Review Checklist Standards and Discretionary Criteria" as
adopted by the City Planning Commission.
7.
For proposals involving one or two residential dwelling units on a lot: That, if the
variance would relax a regulation governing maximum height, minimum yards, maximum lot

84

coverage or building length along side lot lines, the proposal also conforms with at least one of
the following criteria:
a.
The proposal when viewed in its entirety will not adversely impact abutting
residences to the side, rear, or directly across the street with respect to solar access, view
blockage and privacy to a degree greater than that which would be possible if the residence were
built according to the applicable regulation and, for height variances, the proposal provides
detailing, articulation or other design treatments that mitigate any bulk created by the additional
height; or
b.
Over 60 percent ofthe lots in the immediate vicinity are already developed and the
proposal does not exceed the corresponding as-built condition on these lots and, for height
variances, the proposal provides detailing, articulation or other design treatments that mitigate
any bulk created by the additional height. The immediate context shall consist of the five closest
lots on each side of the project site plus the ten closest lots on the opposite side of the street (see
Illustration I-4b); however, the Director of City Planning may make an alternative determination
of immediate context based on specific site conditions. Such determination shall be in writing
and included as part of any decision on any variance.
B.
A variance for adult entertainment activities shall be granted upon a determination
that all of the following conditions are present, notwithstanding any conflicting requirements
contained elsewhere in the wning regulations:
1.
That strict compliance with the specified regulation would result in practical
difficulty or unnecessary hardship inconsistent with the purposes of the zoning regulations, due
to unique physical or topographic circumstance or conditions of design;
That strict compliance with the regulations would deprive the applicant of
2.
privileges enjoyed by owners of similarly zoned property;
3.
That the variance will not adversely affect the use of churches, temples or
synagogues; public, parochial or private elementary, junior high or high schools; public parks
and recreation centers; public or parochial playgrounds; residences; child care facilities; elderly
residential care facilities; hospitals; medical clinics; colleges; or libraries, all within a five
hundred (500) foot radius by engendering sounds, activities, visual depictions or advertisements
that create an exterior atmosphere which unreasonably interferes with the operations of such
surrounding uses;
4.
That the variance will not constitute a grant of special privilege inconsistent with
limitations imposed on similarly zoned properties or inconsistent with the purposes of the zoning
regulations. (Prior planning code 9604)

17.148.060

Appeal to Planning Commission-Minor variances.

Within ten calendar days after the date of a decision by the Director of City Planning on
an application for a minor variance, an appeal from said decision may be taken to the City
Planning Commission by the applicant or any other interested party. In the case of appeals
involving one or two unit Residential Facilities and no Nonresidential Facilities, the appeal shall
be considered by the Commission's Residential Appeals Committee. In event the last date of
appeal falls on a weekend or holiday when city offices are closed, the next date such offices are
open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed
by the City Planning Department and shall be filed with such Department. The appeal shall state
specifically wherein it is claimed there was an error or abuse of discretion by the Director or

85

wherein his or her decision is not supported by the evidence in the record. Upon receipt of such
appeal, the Secretary of the City Planning Commission shall set the date for consideration
thereof, which shall be not more than thirty (30) days from the date the appeal is filed. and not
Not less than ten days prior thereto, to the date of the Commission's or Residential Appeal
Committee's consideration of the appeal, the Secretary shall give written notice to: the applicant;
the appellant in those cases where the applicant is not the appellant; adverse party or parties, or
to the attorney, spokesperson, or representative of such party or parties; other interested groups
and neighborhood associations who have requested notification; and to similar groups and
individuals as the Secretary deems appropriate, of the date and place of the hearing on the
appeal. In considering the appeal, the Commission cir, if applicable, the Committee shall
determine whether the conditions required in Section 17.148.050 are-present, and may grant or
deny an application for a variance or require such changes in the proposed use or impose such
reasonable conditions of approval as are in its judgment necessary to carry out the purposes of
the zoning regulations. The decision ofthe Commission or, if applicable, the Committee shall be
final. (Ord. 12237 4 (part), 2000; prior planning code 9605)

SECTION 4.

Subsection A of Sections 17.11A.020, 17.12.020, 17.14.020, 17.16.020,

17.18.020, 17.22.020, 17.24.020, 17.26.020, 17.28.020, 17.30.020, 17.32.020, 17.36.020,
17.40.020, 17.42.020, 17.46.020, 17.50.020, 17.54.020, 17.56.020, 17.58.020, 17.62.020 and
17.76.020 ofthe Oakland Planning Code, pertaining respectively to the R-1, R-10, R-20, R-30,
R-35, R-40, R-50, R-60, R-70, R-80, R-90, C-10, C-25, C-27, C-30, C-35, C-40, C-45, C-51, C55, and S-2 Zones, are hereby amended to modify the provisions for special residential design
review for projects with one or two units on a lot as follows (additions are indicated by
underlining, and deletions are indicated by strike out type; portions of the code not cited, or not
shown in underlining or strike-out type, are not changed):
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. 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 .

.SECTION 5. The provisions of this ordinance concerning the S-18 Mediated Design Review
Combining Zone and the Residential Appeals Committee ofthe City Planning Commission shall
be reviewed by the City Planning Commission and the City Council within one year of the
effective date ofthis ordinance.

SECTION 6. The designation and location of zones and zone boundaries on section maps 254,
255, 268, 26~ 270, 28~ 285, 286, 28~ 288, 289, 29~ 296, 29~ 298, 29~ 30~ 301, 302, 30~
308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 320, 321, 322, 323, 324, 327, 328, 329, 330,
331, 332, 333, 334, 337, 338, 339, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352,

86

353, 354, 355, 356, 357, and 358 in Chapter 17.154 of the Oakland Planning Code are hereby
amended as indicated in Attachment A.

SECTION 7. The City Manager will cause to be filed the appropriate Environmental Notices
with the Alameda County Clerk.

SECTION 8. This Ordinance shall be effective on the thirtieth day following adoption, subject
to the provisions of Section 216 of the Charter of the City of Oakland, but shall not apply to
building permits already issued prior to the effective date or to zoning applications approved by
the City prior to the effective date for which building permits have not been issued.
SECTION 9.

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 10. Subsection A of Section 17.152.070 of the Oakland Planning Code is hereby
amended as follows (additions are indicated by underlining, deletions are indicated by strike out
type, and additions and deletions made since the City Planning Commission's September 11,
2001 meeting are indicated by ~~~~4'!!.Q:@; portions of the Code not cited, or not shown in
underlining or strike-out type, are not changed):

17.152.70

Filing and commencement of revocation complaints.

A. Any member of the public, city official, including any City Councilmember, City Planning
Commissioner or city employee, may file a complaint with the City Planning Department and
request that revocation proceedings be commenced to revoke or amend any zoning permit held
or issued pursuant to the following sections of the Zoning Regulations:
1. 17.112.010through 17.112.060;
2. 17.134.010through 17.134.120;
3. 17.136.010 through 17.136.130;
4. 17.140.010 through 17.140.120;
5. 17.142.010 through 17.142.090;
6. 17.146.010 through 17.146.060; 't~;"
7. 17.148.010through 17.148.110~
~a!~;Ji14vH~10tthf6ii@1\l~~rn;;'ra70.
fM29J

AJI()nflnaiiCtAmclldiniLhcOa1dandl'll~ningCod8

.IN COUNCIL, OAKLAND, CALIFORNIA, - - - - - - - - - 19_ __

PASSED BY THE FOLLOWING VOTE:
.
MAYNE,
. .
WAN,
AYES- BRUNNER, CHANG, liMXID!, NADEL, REID,~ SPEES AND
PRESIDENT DE LA FUENTE

NOES-

D- \

ABSENTABSTENTION-

600-242 (4/99)

Ct1t~li~:f~3~i~~TV &ft-:~~:~r~~~~~~-~~J;~~
ATTES~--------------~~~~~2\~'f;~!l~Lt~]i~~r~11~f~~~l~lA~b~j'~Y~~~
CEDA FLOYD .
OCT 6 2001

87

City Clerk and Clerk of the Coun~il

of the City of Oakland, California

NOTICE AND DIGEST

ORDINANCE
AN ORDINANCE AMENDING THE OAKLAND PLANNING CODE TO REVISE THE
ZONING STANDARDS AND DESIGN REVIEW PROGRAM FOR ONE AND TWO UNIT
RESIDENTIAL FACILITIES, TO ADOPT RELATED ZONING MAP CHANGES AND TO
ESTABLISH A RESIDENTIAL APPEALS COMMITTEE OF THE CITY PLANNING
COMMISSION TO HEAR ALL APPEALS INVOLVING ONE OR TWO UNIT
RESIDENTIAL FACILITIES AND NO NONRESIDENTIAL FACILITIES.

This ordinance amends the Oakland Planning Code by revising the zoning standards and design
review procedure for one and two unit residences, to add a new S-18 Mediated Residential
Design Review Combining Zone to the zoning maps and to establish a Residential Appeals
Committee of the City Planning Commission to hear all appeals involving one and two unit
residential facilities and no nonresidential facilities.

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EXISTING DESIGN REVIEW PROCESSES

FOR 1-2 UNIT R_ESIDENTIAL PROJECTS
(1)

Special Residential Design Review (SRDR)

Applicability: All projects not subject to "Regular" or "S-14 Fire Area Design Review"
described below. Includes about 70% of all1-2 unit design review cases.
Processing Time: Fifteen (15) working days maximum. Usually less.
Public Notification/Comment: None.
Decision Making Criteria:
(a)

New Construction Not Resulting In Creation of More Than One Unit: Checklist
scoring system using quantitative. or other nondiscretionary criteria, such as
requiring a certain number of wall articulations. Checklist includes context
.. (neighborhood compatibility) section for flatland neighborhoods with .grid~type .
street systems.

{b)

Additions "Matching" the Existing Building and Involving Increase of I 0-20% of

Existing Footprint,' Floor Area or Wall Area: Checklist scoring system using
mostly nondiscretionary criteria. Note: Matching additions involving increases
less than 10% are exempt from SRDR; see "Exemptions" section below.

(c)

New Construction and Additions/Alterations Other Than Those. In (a) and (b)
Above: Discretionary criteria, including requirement that additions and alterations
are "compatible with but not necessarily identical to" the existing building and .
. that new conStruction is "compatible with but not necessarily identical to" the
neighborhood.

..-.

. ... '.:

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Decision Makilig Body: Zoning Administrator.

Appeals: None.
Exemptions:
(a)
(b)
(c)
(d)

(2)

Reroofing;
Repair/replacement in-kind;
Projects limited to interior only; and
Additions/alterations less than 10% of footprint, floor or wall area which "match"
existing building.

Regular Design Review

Applicability: All projects requiring a condition1i use permit or located in the following
zones:
1

A IT ACIIMENT D

(a) R-36 (most ofWest Oakland and parts ofEast Oakland);

(b) Land..--narks;
(c) S-7 (Historic District);
(d) S-1 0 (Scenic Route, e.g. Skyline Boulevard, Shepherd Canyon Road);
(e) S-11 (North Hill Area); and
(f) Any other zone requiring "regular" design review (mostly mapped in nonresidential
areas).

Processing Time: 60 calendar days (8'12 weeks) maximum; usually about six weeks.
Notification: Property owners within 300' radius of site; posting within 300'; plus
neighborhood organizations requesting notice.

Decision Making Criteria: Conformity with discretionary "General Design Review

Criteria" in Zoning Regulations, plus special criteria for R-36 (similar to SRDR),
Landmarks, S-7, S-1 0 (includes design guidelines), and S-11; these criteria address
issues such as bulk, building appearance, neighborhood compatibility and view, privacy,
and solar access impacts on neighboring properties.

Decision Making Body: Zoning Administrator, with option of referring decision to City
Planning Commission.

Appeals: By anyone to City Planning Commission. In some cases, Commission decision

may be appealed to City Council.

Exemptions: None provided in Zoning Regulations, but administrative practice has been
to exempt alterations (not additions) which match the existing building or are not visible
from the street.

(3)

S-14 Fire Area Design Review

Applicability: All p~ojects in the 1991 Firestorm Area.

Processing Time: 20 working days maximum (about four weeks).
Notification: Property owners within 200' radius.
Decision Making Criteria:

Conformity with checklist scoring system ("Expedited

Design Review and Bulk Criteria") using discretionary criteria to address issues such as
bulk, building appearance, neighborhood compatibility, and view, privacy, and solar
access impacts on neighboring properties.

Decision Making Body: Zoning Administrator.

Appeals:

None

Exemptions: None

ATTACHMENT E: LETTERS RECEIVED FROMMAY 29,2001 THROUGH

SEPTEMBER 24, 2001

ATTACHMENT E

MARJORY F. GIBSON
Attorney at Law
405 - 14th Street, Suite 1615
Oakland, California 94612-2746
Telephone: (510) 763-1616
Facsimile: (510) 763-1617

Of Counsel,

JOEL ZEBRACK
July 23, 1998
Mr. Scott Harriman
Secretary, Planning Commission
City of Oakland
250 Frank Ogawa Plaza
Oakland, CA 94612

Re: Zoning standards and design review for one and two unit residential facilities Case
file# DC20.02; Agenda item #3 for meeting of July 25,2001
Dear Mr. Harriman:
Since I will be unable to attend the Planning Commission hearing on the
referenced matter I would be appreciative if a copy of the following letter could be
handed to each Planning Commissioner.
As a member of Jane Brunner and Henry Chang's special committee that
proposed using mediation as a method of resolving disputes concerning issues of
views, sun access and privacy and open space, I am concerned that the issues posed by
staff at the end of the July 25 staff report and ATTACHMENT B thereto do not
address this issue. The staff report focuses on the technical zoning limits without
looking at the possible effect of mediation on these issues. ATTACHMENT B does
provide a comparison of existing and proposed zoning standards but it does not reach
the critical issue of how does mediation interact with these standards. The issue that
must be addressed is whether application of these standards will control what staff will
do if mediation can not resolve a dispute. If that is the case then the standards should
be stricter rather than more lenient so as to provide greater incentives to mediate.
It is important to clarify whether mediation will occur only if these standards
are being exceeded or at any time when a neighbor or neighborhood is concerned with
how a project is going to be built. It was my understanding from the City Council
action on May 29, 2001 that mediation was applicable to any new project or to any
addition above the first floor.

For mediation to be effective the Planning Conunission must assure itself and
the Council that staff standards will be strict and clear so that a premium will be
placed upon attempting to resolve disputes with new creative solutions. Right now it is
not at all clear from the staff report how these zoning standards will interface with the
mediation process.

Sincerely yours,
,...//

/?/? 7-7

~
rfi----___J

Marjory F. Gibson Haskell

cc: Jane Brunner (Megan Van Sant)

Concili,"ltiotl
lrJrums of Oak_land
1 222 ?reservation Park Way, Oakland, CA 9461 2-1201
phone: 510.763.2117 fax: 510.763.7098 email: cfo@grin.net

15 August 2001

TO

Christopher Buckley
Planner III
Planning and Zoning Division
Community & Econo~ic ~ev,opment Agency

FROM

Kirk T. Lawson
Associate Directo; ~

RE

Mediated Design Review Pilot Program

/Jl'

df.v,_.,..

It was our pleasure meeting with you last Tuesday to discuss the elements of your
division's new Mediated Design Review procedure, which would use mediation between
the project sponsor and neighbors to resolve design issues. We understand that this
procedure is to be adopted as a pilot program in City Council District One and S-14 Zone
(1991 Firestorrn Area) thereby replacing existing design review procedures in these areas
with a mediated process to resolve issues between the project applicant and neighbors.

Our discussion centered around the proposed draft language in Chapter17.147.030 B of

your division's 9 August 2001 draft which states " ... The mediator shall submit a report
on the mediation to the City P Ianning Department. The report shall detail all items on
1vhich agreement was reached On items on which agreement could not be reached, the
report shall state the different sides' starting and ending positions and any positions and
any proposals presented conceming these items. "
We shared our concerns of process confidentiality that were recently reflected and further
clarified in the California Supreme Court ruling Foxgate HOA v. Bramalea.
Essentially the court ruled that all issues/communications held within the meditative
process are confidential; that confidentiality was necessary in mediation so that the two
(all) sides could candidly express themselves without fear that their statements would be
used later against them.

llfighbors liflping rlfighbors Solvf Problfms

,.,~

t.;J

Page2
Chris Buckley
Mediated Design Review Program
We therefore suggest deleting the last two sentences of that second paragraph of
Subsection B of Section 17.147.030, as set forth on Page V-16 of the DRAFT of9
August 2001, and substitute the following in their place, to be considered for review and
perhaps incorporated in that subsection of the Chapter so that the mediations'
confidentiality be honored and the City's report needs from the parties are met.
By their participation in mediation, the participants authorize and direct the mediator to
prepare and submit to the City Planning Department a written report which sets forth the
matters related to project design disputed during the course of the proceeding and the
agreements, if any, reached with respect to such matters. Prior to submission of the report
to the City, the mediator shall circulate it for review and written comment by the
participants. Copies of all written comments timely received by the mediator, shall be
forwarded, as written, to the City Planning Department with the mediator's report.
Participants shall have ___calendar days after the mailing of the report by the mediator
fm review and comment. If written comment from a participant is not received by the
mediator within that time, the report shall be deemed approved, as written, by such
participant
Nothing contained in the preceding paragraph shall be deemed a waiver by any participant
in the mediation of any right or privilege related to confidentiality provided by law in
connection with the mediation excepting only that City Planning Department may consider
the mediator's report and any written comments made by the participants in connection
with the Director's decision on the application. Neither the City nor any other person or
entity shall be deemed a third party beneficiary of any agreement made between or among
any participant(s) in the mediation nor shall the report or any participant comments
submitted by the mediator become part of any public record.
At such time as aU participants have assembled for purposes of the mediation, but prior to
commencement thereof, the mediator shall require each so present to execute a statement
consenting to the submission of the mediator's report to the City Planning Department in
accordance with this Subsection __." (Authored by Bruce Singer, JD)

As you see, the parties would be informed ahead of the report requirements and thereby
responsible for providing any comment deemed necessary to the mediator so as they
would be attached to the report to the City following the mediation.
In closing, we would commend to you to review the draft's proposed timeline to factor
the aforementioned comment period as well as any additional time factors/contingencies.
We look forward to providing any additional assistance/comments.

Aug-16-01

03:05P Zebrack

Gibson

510

763

1617

MARJORY F. GIBSON
Attorney at Law
405 - 14th Street, Suite 1615
Oakland, California 94612-27 46
Telephone: (510) 763-1616
Facsimile: (510) 763-1617

Of Coun::;el,

JOEL ZEBRACK
August 16, 2001
City Planning Commission
%Community and Economic Development Agency-Zoning Division
City of Oakland
250 Frank Ogawa Plaza Suite 3330
Oakland, CA 94612
Re: Proposed Revisions to design review procedures for Design Review Mediation
Dear Sirs:
Because I have a mediation on August 22 and I may not get out in time to
attend the Planning Commission committee meeting on design review I am submitting
my comments in writing.
I have discussed with Chris Buckley the need for definitions and additional
clarity in the mediation sections in that the phrase "affected property" could be either
the neighboring property or the project site. Also, further definition is needed for the
phrase recipient of notice" when it is just a posted notice since it could be someone
walking their dog (which I gather is not who is intended as a participant in the
mediation process). Other phrases such as "applicant" and ~~request for mediation" need
additional definition as well to make it clear as to who has responsibility for providing
what information (eg.is the "applicant" the project owner or the neighbor?).
II

A critical issue that must be addressed is raised by a recent California Supreme

Court case which affinns the requirement of mediation confidentiality. This case may
prohibit the mediator making a report to the City regarding unresolved issues. I believe
that there are two ways to resolve this problem. The first is to ask the parties to waive
confidentiality completely. The problem with this is that it puts a damper on
willingness to explore alternative means of resolution because people are less likely to
be experimental if they know their words will come back to haunt them.
The other and 1 believe preferable approach to a possible resolution is to keep
the process confidential but allow only the settlement agreement to be public. If the
mediation does not settle all issues the parties independently could outline the issues
that still need to be resolved. Since mediation usually works because the parties fear
how an external decider might render a decision this pressure would still be operative

P.01

Aug-16-01

03:06P Zebrack

Gibson

510

763

1617

August 16, 2001

City Planning Commission
page 2
to goad the parties into settlement.
Finally, I would urge the Commission to recommend to the Council that they
consider guidelines for mass, bulk, views privacy etc. with the zoning text. The reason
for this would be to assure that there is a proper relationship in the zoning text to the
guidelines. Right now it is not clear from the zoning text whether mediation trumps the
guidelines which I believe is preferable or whether if someone is within the guidelines
that mediation is useless to achieve change. This issue is not addressed in the zoning
text and should be.
Sincerely yours,

/~-11~
Marjory F. Gibson
cc: Jane Brunner

P.02

~ (510) 540-6718

~ 8/19/01

(08:47PM

6824 Sherwick Drive

Berkeley, CA 94705
August 19, 2001
Dear Christopher Buckley,
I will be out of town for the August 22 meeting. I have just read the August 9 draft of the
"Proposed text changes to the City of Oakland Zoning Regulations ... )." I wish to make
the following comments.
1) Planting nith 5' of the curb. There are no sidewalks in my neighborhood. Our
houses have very little space in front of the house. Often there is only a 5' set back.
Everyone plants next to the street as that is one of the few places to put vegetation.
As we live on a hill, it is usually not possible to walk adjacent to the street.
Therefore, we must be allowed to plant near the street.
2) Fire Area. We do not live in a fire area. Our area is safer than other areas of the
hills. All references to the fire area must be eliminated from the zoning text.
3) Pre-existing 8' fences. I was allowed to build an 8" fence. If this fence needs to be
repaired, I should be allowed to rebuild it to 8'.
4) Sharing of expenses for mitigation. An applicant is building a house to increase his
own wealth or have a better place to live. He is gaining value. If there is mediation,
then 1/2 of all costs should be paid the applicant. Neighbors should pay the other 1/2.
Some neighbors might have to be involved in 6 mediations. The sum of all neighbors'
cost should not exceed 50%.
5) Definition of "could not contact is not defined". There needs to be a definition of
could not contact. Many people have no one home during the day. An applicant
could come to the house during the day and conveniently find that no one is in.
6) "'hat happens if an applicant cause the 30 day mediation limit to be missed
There needs to be a provision when an applicant delays mediation beyond the 30-day
limit.
7) Posting with 24 hours of first contact with the city. The City Council said that
property must be posted within 24 hours of the first meeting with the city. I could not
find that provision in the regulations. I see posting requirements, but no time limit.
8) Eves can be 2'. There is a big problem with large eves. If two houses have a 5' set
back and 2' eves, then there is only 6' between houses. That space is simply too
small. It is very difficult to have vegetation grow between the houses. This causes a
bulk problem.
9) Intentet Access. There needs to be a provision for e-mail communication. People
should be able to get notice of construction by e-mail. This mode of communication
needs to be described in the regulations. We live in the 21st century.
10) 'Vhen there are no neighbors. What happens when an applicant has no neighbors?
For instance, if someone owns 5 adjacent lots, then he can choose to do what ever he
wants. There needs to be a special review when an applicant owns adjacent lots.
11) Additions to houses. When there is a small addition to the house, the City Planning
Department should decide when there is a privacy, view or solar affect to neighboring
properties. If this is true, then there must be notification. Furthermore, when an

[J 1/2

~(51 0) 540-6718

~ 8/19/01

@8:47PM

applicant decides to make a modification to his house, then his prope1ty must be
immediately posted. Neighbors often do not care about the affect of their additions.
For instance, my neighbors have just planted a tree directly in front of my bay view.
They do not care if my view is blocked.
12) Parking requirements. Houses on streets with no parking on both sides must
provide for three parking spots no matter what the width or steepness. When there is
no adequate off-street parking, residents park illegally in the streets and block
possible use by ambulances and fire engines.
13) Section B page 16 (Response to Mediation Requests). 5 working days to agree to
mediation are too sho1t. People frequently go out of town for that period of time.
The paragraph only gives a 5-day window. Neighbors should be allowed to reserve
mediation as soon as they see a notice on the front yard of the applicant
Thank you for considering my opinions.
Yours truly,

/)i I f)!l - ' L~~<~"'"" Crr..~t;;,.,

Howard Matis
Cc: Jane Brunner

[J

2/2

To: Oakland City Planning Commission

September 5th 2001
1

Re: Changes to the definition of a buildings

proposed height.

September 51 2001
Mark Wommack, Architect
Architectural Edge
1202 Lincoln Ave.
Alameda, CA 94501
(510) .522 7038

35
30---

The proposed ordinance recognize that there is a

tangible difference between a building with a flat roof
and those with steeper pitches by establishing 2
height limits.

FLAT

25---

2:12

20---

15---

10---

5
MAX HT. FOR ROOF PITCHES
BELOW 4:12
0

35--30---

25--4:12

20---

6:12

15---

10---

5
MAX HT. FOR ROOF PITCHES
OF 4:12 AND ABOVE

I recommend that the building height be defined ae the

mid point between the wall plate and the ridge of any
roof etructure. This definition promotes more diversity
in design and simplifies the code 1 eliminating the need
for two height limits.

35 _____

-~______r_id~e_____________

.~12:12

30----- LU
a

building
height

}I;:

-4:12
FLAT

25----20----- 2

15----

10----

COMPARISON OF BUILDING
ENVELOPES 1 MAX HT.
DEFINED AS AVERAGE OF
PLATE & RIDGE HT.

On eloping lots the height limit would be applied to each

element of the roof design. On buildings with different plate
heighte 1 the height would elope acrose the structure from the
mid point of each roof plane.

side view

rear v1ew

Oakland City Planning Commission

September 5, 2001
Dear Sirs:
I wish to add these comments to the public record regarding Case file Number DC20.02,
regarding Citywide proposed changes in zoning text changes, revised development
standards, and design review for one and two unit residential facilities.
Front Yard Paving:
A thorough review of the parcels in the City of Oakland would show that there exist some
parcels contiguous to the public roadway which must remain completely paved in order
for there to be access to an existing residence. Your proposed changes seem to take no
account of unusually sized and shaped lots which already exist in Oakland. As your new
regulations stand, such parcels cannot be properly maintained or improved in order to
continue to serve their existing function.
Fences and Retaining Walls
Requiring that a fence facing the public street be no higher than four feet is inimical to
the deterrence of crime and public safety in many of the more secluded and hillier areas
of Oakland, and quite possibly in other parts of the city as well. A four foot fence can be
jumped in a moment's time by any reasonably able-bodied person seeking to commit a
robbery or home invasion. Current setback and fence height requirements should be
retained, without requiring additional use permits which can inhibit the ability of
property owners to make their residences secure. Similarly, some parcels contain land
which cannot meet the new requirements for retaining wall construction due to the
steepness of the existing slopes and where current buildings are already located. Again,
the proposed new development standards would make improvements and maintenance of
some existing slopes, retaining walls, and buildings, physically impossible. Existing
requirements should be retained.
In General
Security and public safety is more vital to the thriving of a city than aesthetics, although
both are beneficial and can be mutually compatible. In Oakland, which already has many
oddly shaped parcels and much past construction meeting earlier standards, it may be
physically impossible for homeowners to improve their properties and meet these new
requirements. If these proposed changes are applied only to entirely new construction,
where no building or improvement has yet been built on a parcel, they may be
appropriate. But the overall improvement of the housing stock of the city should also
take into account, and hopefully encourage, incremental improvements to existing
housing stock, in order to maximize the quality of Oakland's housing in an orderly
manner conducive to sustained economic growth. All proposed changes should take these
general principals into account.
Thank you,
Cheryl Christian
7565 Altura Place
Oakland, CA 94605

9-95-201

P.2

FROM

11 :48AM

August 30, 2001

altem.a tives

Greetings,
I have reviewed the laresr information regarding rhe proposed changes to the z.oning regulations for
residential projects and have the following recommendations for your considcradon:
l, Lot Covera~ and Reduced. Height Limits
Allow taller heights and grcarer klt covt1'agC limits in muiti-unir zones (R-40 aud R.-50) than those
proposed for single-family zones (R-30).

The cum.nt proposal establishes the same lor coverage and height limits for single family and
multi-family zones, rcga(dless of the inherently different characteristics and intended
densities for each zone. Shouldn't projects located in multi-unit zones be :illowcd ro have
mon: lot coverage and caller building heights chan projects in singlc:-family zones? Doesn't a
reduction of lot coverage and height lirnics constitute an inappropriate reduction in density?
2,

Height Limits

lvleasure heights as an aperage berwem the p/.are and ridge instead ofthe proposed stepped height
limit; a/lew for an average height limit of30 feet, especially in the R-40 and R-50 zones, or reestablish the previoush' proposed 26'132' height limit (versus the currently proposed 25'128'.)
Averaging of heights may be more easily done in che flat lands, buc ic could also be achieved in
the hills without much difficulty (measuring heights on eros~ slopes is rricky no mancr what.)
Allowing for a 30' average height will promote sloped roofs and, in conjunction with lot
cov~ragc limits above, it will scill produce less massive structures rhan the current regulations.

3. One Scory Comw

Elin1i1zate the reqrtiremenr for stepping back upperstory additiom from the fro11t wail ill
"pmlominar1tly single srory neighborhood conTexts".
The proposed regulations require second stories to he stepped back J2 feet fmm che fron r
wall in neighborhoods where 60% of rhe houses arc one-story. Jn conjunction wirh the
proposed new Joe coverage and rcducffi height limits . this addirional step-back flll'rhcr
reduces the buildable envelope in such neighborhoods as compared with other similarly
zoned properties. Since it is structurally most dficicnt. co bnilJ up on existing exterior walls,
requiring a step-back would impose an unnecessary hardship wirhout necessarily producing
betcer buildings. Many of Oakland's single: stol)' neighborhoods are comprised of post war
rrack houses on streets wide enough to land ~mall aircraft; such sueets can easily suppon a
full second levd; what if someone wants to raise a 6ne-scory house and build out che first
level (chis is che most economical and environmentally sound way of adding space)? Should
chey have ro apply for a variance? Why arc: we trying w keep one-scory neighborhoods from
changing? Has anyone a.~kcd such neighborhoods how they wane co evolve ovel' rime? Why is
a single-story concexc more desirable, e..~pecially chose ncar BART stations and major bus
lines? In an urban seccing, why arc we trying to mainrain a suburban scale or forcing people
imo difficult muccural conditions or limiting their options?
110 linden st., oakland, callfomia 94607
phone:. (Sl0)763-3636 fax: (510)444.-0434

e-mail: boosta.ni@atlnd

9-05-201

11 :48AM

P.3

FROr-.1

4, Front yard setbacks

Instead of requiring from yard setbacks to follow rbe largg: ofthe two hui/.dhzgs on either side, allow
it lO folkw either the shallower or rhe fil!.eragc pfthe neighbon'setbacks.
The proposed rogulacions establish rhc front secback line as the larger setback of the: adjacent
houses. This m~ans thar in a predominantly Vicrorian neighborhood, a mis-fit

manufactured house: with a 20-fooc parking lot in front of it would establish the setback line
r;\chcr than rhe Victorians along the rest of rhe block (older houses are usually doscr to the
screer rhan newer buildings due to the mis-match becwccn the current zoning standards and

existing devdopmenc patterns:)

5_,_.Limitations on BuHding Length along sid~.
Eliminate the proposed limits on the lmgth ofside walls cbJse to the property line to 35 ftct.
This is an arbitrary number that could seriously hamper reasonable additions in the fl.ar
la1)ck Older bungalows had longer side walls chan chis. In narrow flat land lots this means
that most existing older houses <~.re out of compliance, and proposed additions to them
would aucomarkally kick projects into a longer and more involved variances process.

2. Garage fi.Wshed flo.gn on ~lo~d lots

Allow garages on downslope lor~ to be slightly higher thm the street clevadon to allow for positive
drainage.
.
The proposed regulations require garage floor levds on downslopi.ng lots to be ac or below
the street lc:vd. Thi.s ofren cremes an undesirable condidon for drainage, especially during
heavy raihs on steep screets where Jrains cannot handle the volume of warer quickly enough
to keep che garage dry..

I believe these changes will sciV<:: ro streamline the regulations and promote becrer designs. Thank
you for your consideration of these po.incs.

Regards .

.0~#2--$
1.!a::cani
Architect
Former Oakland Design Revi<.-w Supervisor

D1 D-1
\#v,~~~"

...

. ' " \~WNOMIC

DfVEI..Of'MfNT CMTE.

EBALDC
East Bay Asian Local
Development Corporation
3 I 0 Eighth Street. Suite 200
Oakland, CA 94607-4253
phon~ 5 1 0/287~353

fax 5 10/763-4 143

www.ebaldc.org

October 16, 2001.

Board of Directors
Roy Ikeda
Co-Chair
1

Lyd ia Tan
Co-Chair

Chair Jane Bruner and Members of the CEDA Committee

Oakland City Council
One Frank H. Ogawa Plaza
Oakland, CA 94612

Joel MacKey
Vice-Cilair

' Ted Dang

\

Dear Chairwoman Bruner and Members of the CEDA Committee;

Treasurer

Sary Tatpaporn
Secretary

Mike Cassidy
Brendan Leung
Sherman Lim

I am writing to express my general support for the establishment of a

conm1ercial development linkage fee for the City of Oakland. As a member of
the Oakland Housing Task Force, I recognize that a variety of programs are
needed to help meet the great affordable housing need. The commercial
development linkage fee is an important tool for meeting that need.

Patrich Lyncl1
Thomas Mishima
Liliana Moncada
Sary Tatpaporn
Rosa lyn Tonai
Joanne
Tornatore-Pili
Mar-ilyn
Wil liams-Reynolds
Gary Wong

Rather than a flat fee of $6 for buildings 50,000 sf or more, I suggest that a
sliding scale fee be established, which would also encompass smaller buildings
but start with a lesser fee. A sliding scale fee could result in more revenue and
allow for the spread of cost of the program over more developments. For
example, if smaller buildings are paying $2 to $3 sf, medium sized buildings
$3 to $4 sf, larger buildings may only have to be charged $5 sf. Also, if there
is one large threshold of 50,000 sf, a natural tendency of building owners and
developers would be to design and build to just under the threshold, thus
resulting in far less revenue than projected. There could also be exemptions or
perhaps a small fee of $1 sf for developments in struggling neighborhoods that
need revitalization or for mixed use projects in which affordable housing is
already a component.
I hope that you will all suppmi the commercial development linkage fee and
give consideration to my suggestion.

Sincerely,

October 16, 2001.

Chair Jane Bruner and Members of the CEDA Committee
Oakland City Council
One Frank H. Ogawa Plaza
Oakland, CA 94612
Dear Chairwoman Bruner and Members of the CEDA Committee;
I am writing to express my general support for the establishment of a
commercial development linkage fee for the City of Oakland. As a member of
the Oakland Housing Task Force, I recognize that a variety of programs are
needed to help meet the great affordable housing need. The commercial
development linkage fee is an important tool for meeting that need.
Rather than a flat fee of $6 for buildings 50,000 sf or more, I suggest that a
sliding scale fee be established, which would also encompass smaller buildings
but start with a lesser fee. A sliding scale fee could result in more revenue and
allow for the spread of cost of the program over more developments. For
example, if smaller buildings are paying $2 to $3 sf, medium sized buildings
$3 to $4 sf, larger buildings may only have to be charged $5 sf. Also, ifthere
is one large threshold of 50,000 sf, a natural tendency of building owners and
developers would be to design and build to just under the threshold, thus
resulting in far less revenue than projected. There could also be exemptions or
perhaps a small fee of $1 sf for developments in struggling neighborhoods that
need revitalization or for mixed use projects in which affordable housing is
already a component.
I hope that you will all support the commercial development linkage fee and
give consideration to my suggestion.

Sincerely,

fJ1!J

Jung Lee,
tive Director

NORTH HILLS PHOENIX ASSOCIATION

info@nhphoenix.org
P.O. Box 20784
Oakland CA 94620
http://www. nhphoenix.org
October 16, 2001

Jane Brunner
Vice Mayor
City Council District 1
City of Oakland
1 Frank H. Ogawa Plaza
Oakland, CA 94612
Dear Vice Mayor. Brunner:
There are three major stakeholders in the Zoning Standards and Design Review Proposal: Developers, City
Staff, and the Oakland Residents. It seems that most compromises have been made at the expense of the
the Oakland Residents. Long after developers and city staff are interested in specific projects the neighbors
will be impacted by the decisions. I hope that this weight will cause some of the proposal to be revised.
The following topics continue to be of major concern. I plan to speak on them at the Council committee
meeting tomorrow.
Lot Coverage Limits:
The 40% lot coverage limit needs to be extended to all R-30, and R-35 through R-50 lots- not just lots of less
than 20% slope. I have been told that this is covered by other guidelines. If so, this may be redundant but it
should not present a problem.
Landscaping: Note: On Attachment C, page 61, Section 17.124.20, the first sentence (which defines who
this standard applies to) is unclear.
While we asked for stronger, more meaningful landscape standards we received significantly reduced
standards.
a. We asked that the requirement of a 5 ft. unplanted strip on streets without sidewalks be removed. It
is still there.
b. The landscape bond has been reduced from $2500 to "the estimated cost of required landscaping
based on contractor's bid". Since the requirement is one 15 gallon tree per 20 or 25ft. frontage,
a 50 ft. lot could cost as little as $235 (three trees at $45 each and $100 to dig three holes). This
means that there is virtually no penalty for not installing appropriate landscaping.
As a reminder the current selling price of the new developer-built homes here is minimally
$1,300,000. Landscape architects give a rule of thumb of 5-10% of the selling price of the
house for landscaping- in this example, $65,000 to $130,000.
We had asked for a very minimal bond of $5,000 to $10,000. We received $235.
Review Processes:
The timelines and limits on notification are clearly designed to disenfranchise the neighbors.
a. The timelines throughout the Mediated Design Review process are poorly written, ludicrous or
missing. Ten day and five day timelines do not fit with current lifestyle. Why these timelines still
persist in the Review Processes gives the appearance of an undo relationship between the
developers and city staff.
b. A standard is lacking that addresses an alternative notification procedure when the project sponsor
owns adjacent property.
c. All additions whether they are upper story or ground should be subjected to Mediated Design
Review. An addition built by your neighbor on an upper floor next to you should not be a surprise.
Nor should one that is built on the ground.
d. Finally, "fire area" is used twice on Attachment B. We had asked that this term not be used.
Sincerely,

~--~~~~:_./
Anne Seasons, Ed.D.
President

Cc: City Council Community and Economic Development Committee