Oakland 2045 General Plan
Update | Phase 1 Zoning
Amendments
Planning and Building Department
Presentation to the Community
Economic Development (CED)
Committee
July 11, 2023
1 General Plan Update Phase 2Goals for Today’s Meeting
• Provide an overview of the Proposed Planning Code Text and Map Amendments for Phase 1 of the General Plan Update
• Timeline
• What we heard from Public Hearings and Community
• Summary of Proposed Amendments
• Proposed Planning Code Amendments
• Zoning and Height Area Map Changes
• Next Steps
• Feedback from Councilmembers
2 Overview
3 2045 General Plan Update
• Legal Basis for development and conservation.
• Establishes citywide vision and supporting goals, policies, and implementation measures .
• Eight required Elements
• Two Phase Approach to General Plan Update:
• Phase I (Winter 2021 – Summer 2023 )
• 2023 -2031 Housing Element ( Adopted January 31, 2023 ) • Safety Element & Environmental Justice Element
• Zoning Code and General Plan – Map and Text Amendments for Phase 1 • Phase II (From Fall 2023 )
• Land Use and Transportation Element
• Open Space, Conservation and Recreation Element
• Capital Facilities and Infrastructure Element
• Noise Element and Updates to the Zoning Code
4 Purpose of Proposed Planning Code
Amendments
• Implement actions in the 2023-2031 Housing Action Plan and actions proposed in Environmental Justice and Safety Element
• Further fair housing, incentivize affordable housing, encourage different housing types, add housing in areas well served by transit and resources
• Advance environmental justice by reducing pollution burden on communities • Reduce constraints on housing development and processing entitlements • Implement several City Council Directives
• Allow four-plexes in areas zoned for single-family housing in high-resource areas to further fair housing and encourage a variety of multi-unit housing types in Oakland, • Eliminate parking requirements for 100% affordable housing projects • Address the intensity of commercial and industrial activities close to residential such as ghost kitchens and
• Conditional Permitting for Healthcare Activities - residential area north of Children’s Hospital 5 Proposed Planning Code Text
Amendments – Overview
Missing Middle Housing Type
Code Amendments
Change development standards in single -family neighborhoods to allow for a range of small-scale multi-unit housing types + upzoning and height changes in commercial zones + along transit corridors Affordable Housing Overlay
Zone
Ministerial approval + incentives for 100% affordable projects Housing Sites Overlay Zone Ministerial approval for identified sites in the 2023 -2031 Housing Element
Planning Code Amendments
Focused on Environmental
Protection in Industrial Zones
Reduce pollution impacts on communities, address the intensity of commercial and industrial activities close to residential Other Planning Code
Amendments
Facilitate special housing types, remove constraints on processing entitlements + streamline and simplify development approval process 6 Timeline
• September 2022 - February 2023 – Laying the Groundwork • Preliminary zoning proposals as part of the Housing Element – Appendix J • Written + verbal comments received through the Housing Element Update Process • Focus Groups on Missing Middle and AHO
• March 3, 2023 – Draft Text Amendments Published
• March 3, 2023 - May 9, 2023 – Public Review Period
• Townhall and Equity Working Group meetings
• Rockridge BART Open House
• March, April and May 2023 - Public Hearings with ZUC, LPAB • Summer 2023 – Revisions to respond to Community Feedback • July 2023 – CED Study Session
• Fall 2023 – Adoption Hearings
• August 2023 – Planning Commission
• September 2023 – CED and Council
7 Feedback from ZUC and LPAB
• Support for
• Comprehensive and detailed nature of the proposal
• Proposed environmental protection land code amendments in Industrial Zones to reduce pollution impacts
• Increased densities to support housing in high-resource areas such as Rockridge • Incentives for affordable housing
• Revised parking standards
• Specific recommendations
• Consider other corridors for height increases as part of GPU Phase 2 - Land Use and Transportation Element update.
• Remove references to “neighborhood character” from the zoning code as this language is historically racist.
• Encourage affordable and denser housing and adaptive reuse of existing buildings.” 8 Community Feedback
• Overwhelming Community Support for
• Missing Middle zoning provisions
• Providing more housing options so
residents can afford to live and stay in
the neighborhood
• Increasing density and supporting
housing in high-resource areas
• Upzoning along commercial corridors
• Prioritizing affordable housing through the
Affordable Housing Overlay
• Encouraging housing in sites identified in
the Sites Inventory
• Amendments focused on environmental
protection in Industrial Zones and reduced
health impacts on truck-related businesses
• Support from BART riders and nearby
residents for upzoning in Rockridge and
Rockridge BART station
• Concerns regarding
• Parking reductions impacting off -street
parking
• Increased density, reduced setbacks, and
smaller lot sizes
• Concerns for reduced yard space, loss of
privacy
• Loss of neighborhood character
9 Missing Middle Housing Type
Code Amendments
10 Missing Middle Housing Types
Changes
• Missing Middle Housing Types: A variety of small-scale multi-unit housing types that can range from duplexes to townhouses to smaller apartment buildings that are compatible with walkable neighborhoods.
• Purpose: Encourage a diversity of housing types in currently single-family-dominated neighborhoods, along corridors, transit-proximate areas, and high-resource neighborhoods. • Applicable Zones: Low-Density Residential Zones (Detached Unit Residential [RD], Mixed Housing Type Residential [RM], Urban Residential [RU], and Hillside Residential-4 [RH-4] 11 Missing Middle Changes – RD Zone
• Detached Unit Residential Zones
(RD): Lowest-density
neighborhoods in Oakland outside
of Residential Hillside (RH) zones
• New RD designation will combine
RD-1 and RD-2 into one zone that
allows up to 4 dwelling units on lots
4,000 square feet or larger
• On lots <4,000 square feet, two units
allowed by right; three units allowed
on parcels >3,000 square feet
12 Missing Middle Changes – RM Zones
• Mixed Housing Type
Residential Zones
(RM):
• The proposed changes
both simplify and
increase the density
steps in each of the four
existing RM Zones to
allow additional units
with larger lot sizes
13 Zoning Existing Permitted Density Proposed Permitted Density RM-1 • 1 unit per lot
• 2 units on lots 4,000 sf. or more with
conditional use permit (CUP)
• 1-2 units on any legal lot
• 3 units on min. 3,000 sf. lot
• 4 units on min. 4,000 sf. lot
• 5 or more units- 1 unit per 1,750 sf.
RM-2 • 1 unit on lots <4,000 sf.
• 2 units on lots >4,000 sf.
• For 3 or more units (on lots >4,000 sf),
1 unit per 2,500 sf. with CUP
• 1-2 units on any legal lot
• 3 units on min. 3,000 sf. lot
• 4 units on min. 4,000 sf. lot
• 5 or more units- 1 unit per 1,500 sf.
RM-3 • 1 unit on lots <4,000 sf.
• 2 units on lots >4,000 sf.
• For 3 or more units (on lots >4,000 sf),
1 unit per 1,500 sf. with CUP
• 1-2 units on any legal lot
• 3 units on min. 3,000 sf. lot
• 4 units on min. 4,000 sf. lot
• 5 or more units- 1 unit per 1,250 sf.
RM-4 • 1 unit on lots <4,000 sf.
• 2-4 units on lots >4,000 sf.
• For 5 or more units (on lots >4,000 sf),
1 unit per 1,100 sf. with CUP
• 1-2 units on any legal lot
• 3 units on min. 3,000 sf. lot
• 4 units on min. 4,000 sf. lot
• 5 or more units- 1 unit per 1,000 sf.
Legal lot= approved for development/use. Must meet certain criteria like access to public roads, minimum size requirements, etc.
Conditional Use Permit = allows property owner to use land in way not allowed by current zoning. Comes with certain conditions or restrictions to operate the use.
Missing Middle Changes: Other
14 Other changes to reduce barriers in these and other zones include:
Eliminate conditionally
permitted densities Reduce setbacksReduce minimum
lot size standards
Reduce or eliminate
parking requirements
More flexibility for open
space
Increased height limits and allowable
density
Conditional Use
Permit for
density
Other Citywide Zoning Changes
• Create new Regional Commercial (CR-2) Zone to allow for residential uses
• Buffer existing industrial uses and residential uses and reduce potential land use conflicts through zone changes • Fix existing split zoning on parcels throughout the City 15 Affordable Housing Overlay
(AHO) Zone
16 S-13: Affordable Housing Overlay
(AHO) Zone
• Purpose: create affordable housing restricted for extremely low, very low, low, and/or moderate-income households
• Implements Action 3.3.5 in the Housing Action Plan
• Components:
• Applies to projects with 100% affordable units in residential and commercial zones • If a parcel is <15,000 square feet, projects can be 20% affordable to very-low/lower incomes and 20% affordable to moderate incomes
• By-Right (Ministerial) approval, CEQA exemption, and non -appealable • Possibility of extending streamlined approval provisions for qualifying mixed-income projects • Bonus height, relaxed development standards, and elimination of density maximums within the envelope
• Optional program in lieu of the State Density Bonus program. 17 AHO Zone – Proposed Development
Standards
Permitted density Unlimited density that fits within the allowed building envelope of new or existing structures
Rear Setback Ten (10) feet
Maximum Lot Coverage Seventy percent (70%), or whatever is allowed in the base zone, whichever is higher
Height Regulations for lots less
than 15,000 square feet
Two (2) additional stories above maximum permitted building height in the base zone
Height Regulations for lots equal
to or greater than 15,000 sf
Sixty-five (65) feet or two (2) additional stories above maximum permitted building height in the base zone, whichever is higher.
Minimum Parking No minimum parking requirements
18 AHO Zone – Exceptions to
Application
• The AHO zone would not apply in:
• Parcels in the S-9 Fire Safety Protection Combining Zone; and • Parcels with Designated City, State, and Federal Historic Landmarks. • Limited application in the Very High Fire Hazard Severity Zone (VHFHSZ) to commercial areas with direct freeway access
1. CN-3, CN-4, and RM-3 zoned area in the Montclair district (where Moraga Avenue goes to Mountain Blvd.);
2. CN-3 Commercial zoned area near Mountain Blvd. near Woodminster Lane;
3. CC-1 Commercial zoned area near Redwood Road;
4. CN-4 zoned area near intersection of Seminary Avenue and Kuhnle Avenue; and
5. Oak Knoll + Barcelona City-owned sites
19 AHO Map
22 5. Oak Knoll and
Barcelona sites
4. Seminary and
Kuhnle Ave3. Redwood Rd
1. Montclair
District
2. Mountain
Blvd near
Woodminster
AHO Map- Areas in VHFHSZ
23 1 2 3
AHO Map- Areas in VHFHSZ
24 4
5 Housing Sites Overlay Zone
25 S-14: Housing Sites Overlay Zone
• Purpose: Facilitate housing opportunities in Oakland and highlight the sites where City wants housing to be built • Implements Action 3.4.10 in the Housing Action Plan
• Components:
• Applies to all sites in the Housing Sites Inventory
• Projects proposed must be majority residential use
• Each project must build a minimum percentage of realistic capacity as estimated in the Housing Inventory
• By-Right (Ministerial) approval for housing sites
26 27
Housing Element Sites
Sites Overlay Ministerial Approval
Process
• For Sites from Prior Housing Element Cycles (4th and 5th Cycle):
• Pursuant to State Law, the City will allow by-right development for projects with 20 percent units affordable to lower incomes.
• For Sites Not Used in Prior Housing Element Cycles (6th Cycle)
1. Project proposes at least as many lower- and moderate-income units as shown in Columns P and Q of Housing Element Table C-26;
2. Project proposes at least as many total units as described as the capacity for the parcel AND;
3. Meets one of the following conditions
• At least 20% of the housing units are restricted to very low -income households; OR • At least 25% of the housing units restricted to any combo of low and very low -income households; OR • At least 40% of the housing units restricted to any combo of low, very low, & moderate -income households
Exception: Under the proposed S-14 zone, projects shall not be eligible for By Right Approval if the project proposes development in phases or proposes more than 100,000 sf of floor area 28 Code Amendments Focused on
Environmental Protection in
Industrial Zones
29 Environmental Protection in
Industrial Zones
• Purpose: increase protection for sensitive receptors (schools, daycares, residential zones, hospitals, etc.)
• Components:
• Reduce the allowed intensity of commercial and industrial activities permitted in the Housing and Business Mix (HBX) Commercial Zones, particularly HBX-1, to minimize impacts on residential uses; • Require certain heavier industrial uses in the Commercial Industrial Mix (CIX), General Industrial (IG), and Industrial Office (IO) Zones to obtain a CUP if located within 600 feet of a Residential Zone • Require truck-intensive uses to obtain special Conditional Use Permits/application of special performance standards and standard conditions of approval • Reduce land-use conflicts in industrial zone
• Amend expiration timelines for Nonconforming Uses and CUP termination timelines for truck- intensive uses
30 Other Planning Code
Amendments
31 Other Planning Code Amendments –
Overview
• Comply with State regulations for special housing regulations; • Improve public noticing to include building occupants; • Remove constraints on staff’s ability to process entitlements for housing projects; and
• Streamline the project approval process
32 Other Planning Code Amendments –
Components
• Revise public noticing requirements to include building occupants, not just owners • Clean up and clarify Planning Code language where necessary, remove inconsistencies
• Create definitions for key terms such as Affordable Housing • Clarify specific agricultural activities, sidewalk cafes, and other civic and commercial activities
• Remove + reduce limitations to construction of new ground floor residential facilities in commercial zones
• Extend Planning entitlement periods to further support a project’s ability to move forward into the building permit stage and ultimately into construction and completion.
• Remove barriers in the Planning Code to the approval of Emergency Shelters • Update special housing regulations to comply with State Law 33 Citywide Zoning and Height
Area Map Changes
34 Citywide Height Area Changes
• 60 foot-height areas to change to 65 feet
• Effectively achieve six (6) stories within a permitted building envelope
• 75 foot-, 85 foot-, and 90 foot-height areas to change to 95 feet
• Bring the Zoning Code’s height limits into better alignment with the California Building Code
• Allow for maximum utilization of the building code’s most cost- effective multifamily residential construction types
• Lower construction costs per residential unit.
35 Proposed Height Area Changes
36 Zoning and Height Area Map –
Neighborhood Changes
37 Oakland
Neighborhood
Boundaries
1. West Oakland
2. North Oakland & North Oakland
Hills
3. Adams Point/Grand Lake/Lower
Hills
4. Lake Merritt to 23rd Ave
5. Fruitvale
6. Melrose/Seminary/Coliseum
7. Elmhurst/Far East Oakland
8. South Hills
38 Next Steps
39 Upcoming Milestones
• Late July 2023 – Revised Documents
• Final EIR
• Hearing Draft Safety Element
• Hearing Draft EJ Element
• Hearing Draft Phase 1 Code Amendments
• Fall 2023 – Adoption Hearings for Phase 1 General Plan Update • August 2023 – Planning Commission
• September - October 2023 – City Council
• Late Fall 2023 - Phase II General Plan Update Kickoff • Land Use and Transportation (LUTE), Open Space, Conservation and Recreation (OSCAR), Noise, Capital Facilities and Infrastructure
• More info on past and upcoming events: https://www.oaklandca.gov/topics/meetings-and-events 40 LEARN MORE
To learn more about the General Plan Update, visit the website below and sign up for updates:
bit.ly/OaklandGPU
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