View Attachment F - State HCD follow up, and HE actions credited for compliance

From: Danino, Shawn@HCD
To: Rajagopalan, Lakshmi; Audrey Lieberworth; Kaminski, Laura Cc: McDougall, Paul@HCD
Subject: (HCD) Oakland Check In on Missing Middle Programs / North Oakland Rezones Date: Thursday, July 20, 2023 5:34:41 PM
Attachments: image002.png
[EXTERNAL] This email originated outside of the City of Oakland. Please do not click links or open attachments unless you recognize the sender and expect the message.

Hi Oakland Team –
I hope you all are having an excellent week.

I wanted to check in with you on the timeline of expected revisions to the City’s missing middle housing policies and rezoning programs, particularly in the North Oakland / Rockridge area. Do you have any specific updates on the timelines and progress towards these goals and objectives? Thanks and Warm Regards,
Shawn Danino, MPP/MSI
Housing Policy Development, Land Use & Planning
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Phone: 916.820.1256

ATTACHMENT F
From: Rajagopalan, Lakshmi
To: Danino, Shawn@HCD
Cc: Branson, Michael; Kaminski, Laura; Lieberworth, Audrey; McDougall, Paul@HCD Subject: Re: (HCD) Oakland Check In on Missing Middle Programs / North Oakland Rezones Date: Friday, July 21, 2023 8:32:28 AM
Attachments: image002.png
Good morning Shawn,
Thank you very much for your email. We are updating our Planning Code and Zoning Map as part of Phase 1 of the Oakland General Plan Update process. This includes updates to the Safety Element, creation of a new Environmental Justice Element, preparation of an Environmental Justice Element and associated Planning Code, Zoning Map, and General Plan Text and Map Amendments. As part of California Environmental Quality Act (CEQA) review, the City has also prepared an Environmental Impact Report (EIR) to address the City’s updates to its Safety Element and adoption of a new EJ Element, the proposed Planning Code, Zoning Map, Height Map, and General Plan text and map amendments, including several Housing Element Implementation (HEI) actions contained in the 2023-2031 Housing Element. The HEI actions includes the Missing Middle Programs and Rezoning for the North Oakland Rockridge Area.

See below for an update on the timeline:

Public Review of Planning Code Amendments: The public review draft of the Planning Code Amendments were available on the Oakland 2045 General Plan Update website at: https://www.oaklandca.gov/topics/general-plan-update for a 68-day review period between March 3, 2023, to May 9, 2023. Between December 2022 - April 2023, we held several outreach events to gather feedback on the code amendments.

Public Hearings and Study Sessions on Planning Code Amendments: Staff also held three public hearings at the March 15, 2023 and April 12, 2023 meetings of the Zoning Update Committee (ZUC) of the Planning Commission and at the May 1, 2023 Landmarks Preservation Advisory Board (LPAB) meeting and two study sessions at the July 11, 2023 Community and Economic Development Committee (CEDC) of the City Council and July 18, 2023 Special Meeting of the Oakland City Council.

Adoption Hearing Schedule:

August 2, 2023 - Planning Commission
September 12, 2023 - CEDC of the City Council
September 19, 2023 - City Council (First Reading)
October 3, 2023 - City Council (Second Reading)
Please bear in mind that the Council can decide to continue this item in which case, the adoption dates will shift by a few weeks.

From: Danino, Shawn@HCD <[email protected]>
Sent: Thursday, July 20, 2023 5:34 PM
To: Rajagopalan, Lakshmi <[email protected]>; Audrey Lieberworth <[email protected]>; Kaminski, Laura <[email protected]> Cc: McDougall, Paul@HCD <[email protected]>
Subject: (HCD) Oakland Check In on Missing Middle Programs / North Oakland Rezones

[EXTERNAL] This email originated outside of the City of Oakland. Please do not click links or open attachments unless you recognize the sender and expect the message.

Hi Oakland Team –

I hope you all are having an excellent week.

Thanks and Warm Regards,

Shawn Danino, MPP/MSI
Housing Policy Development, Land Use & Planning
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Phone: 916.820.1256

From: Smith, Caleb
To: Rajagopalan, Lakshmi
Subject: FW: Oakland 2045 General Plan Update
Date: Wednesday, August 23, 2023 2:58:41 PM
Attachments: image002.png
HAC - Oakland 2045 General Plan Update comments.pdf

From: Danino, Shawn@HCD <[email protected]>
Sent: Thursday, August 3, 2023 2:50 PM
To: Smith, Caleb <[email protected]>
Subject: FW: Oakland 2045 General Plan Update

[EXTERNAL] This email originated outside of the City of Oakland. Please do not click links or open attachments unless you recognize the sender and expect the message.

Hi Caleb –

I hope things are going well on your side.

I wanted to put this note from the Housing Action Coalition on your radar and wanted to better understand the context here. The letter mentions the prospects of some downzonings and stepping back some of the missing middle commitments the City discussed in its housing element and Prohousing Designation application.

Are there any updates here? I just wanted to flag for you, since upon a cursory look, it seems like it may affect some of the programs credited for housing element compliance and the PDP.

Thanks and Warm Regards,

Shawn Danino, MPP/MSI
Housing Policy Development, Land Use & Planning
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Phone: 916.820.1256

From: Nico Nagle <[email protected]>
Sent: Tuesday, August 1, 2023 5:13 PM
To: [email protected]
Cc: Gilchrist, William <[email protected]>; [email protected]; Danino, Shawn@HCD <[email protected]>
Subject: Oakland 2045 General Plan Update

Ms. Rajagopalan,
I am writing you on behalf of the Housing Action Coalition (HAC) regarding recent developments with Oakland's 2045 General Plan Update. While we appreciate and support much of the proposed zoning implementation, we have several concerns, which we have outlined in the attached letter.

We would appreciate the opportunity to meet with you to discuss these concerns prior to final adoption.

From: Rajagopalan, Lakshmi
To: Danino, Shawn@HCD
Cc: Gilchrist, William; Manasse, Edward; Kaminski, Laura; Branson, Michael; Haynes, Khalilha; Lieberworth, Audrey; Smith, Caleb
Subject: Re: Oakland 2045 General Plan Update
Date: Monday, August 7, 2023 8:30:00 AM
Attachments: image002.png
01082023 BTCA Letter re Phase I Oakland General Plan Update.pdf 19052023 BTCA Letter re Phase I Oakland General Plan Update (1).pdf HAC - Oakland 2045 General Plan Update comments.pdf
Importance: High
Good morning Shawn,
Hope this email finds you well. As a follow-up to my email from July 21, 2023, I wanted to let you know that the City met a major milestone towards adopting the City’s Planning Code and Zoning Map Amendments, including the missing middle housing code provisions and rezoning programs, particularly in the North Oakland/Rockridge Area.

On Wednesday, August 2, 2023
, the Oakland City Planning Commission conducted a public hearing to consider and recommend that the City Council certify the Final Environmental Impact Report (FEIR) for Phase 1 of the Oakland 2045 General Plan Update, and adopt the Safety Element, the new Environmental Justice Element and Planning Code, Zoning Map, and General Plan Text and Map Amendments to Implement Actions Proposed in Phase 1 of the City of Oakland 2045 General Plan Update, including the 2023-2031 Housing Element.

The Planning Commission’s recommendation, provided upon unanimous vote (one absent), is as follows:

1. Adopt the CEQA findings for Phase 1 of the Oakland 2045 General Plan Update, which include certification of the EIR, rejection of two mitigation measures as infeasible; rejection of alternatives as infeasible, and a Statement of Overriding Considerations;

2. Adopt the Standard Conditions of Approval and Mitigation Monitoring Reporting Program (SCAMMRP);

3. Adopt a Resolution Approving the Following Actions:

A. Certifying the Environmental Impact Report And Making Related California Environmental Quality Act Findings;
B. Adopting an Amendment to the Safety Element of the City of Oakland General Plan;
C. Adopting the Environmental Justice Element as a New Element of the City of Oakland General Plan; And
D. Adopting Conforming Amendments to the Land Use and Transportation Element of the City of Oakland General Plan, including General Plan Map Amendments, As Part of Implementation of the Recently Adopted 2023-2031 Housing Element; And;

4. Adopt an Ordinance Adopting Planning Code Text and Map Amendments to Implement Actions Proposed in Phase 1 of the City of Oakland 2045 General Plan Update, as provided and Adopting California Environmental Quality Act Findings, with the following revisions recommended by the Planning Commission:
a. That additional zoning standards such as lot coverage, lot frontage, and average lot width requirements be struck from the Missing Middle Code Package. b. To add to the General Planning Code Amendments, under Section

17.108.140C.2.a, the words “for safety and security” after “public safety hazard.”

With the additional recommendation passed by the Planning Commission on a 4-2 vote (one absent), that the City Council adopt construction workforce standards as part of the General Plan Update under the guidance from staff.

City staff will be reviewing the Planning Commission’s recommendation and preparing the Planning Code packet for City Council consideration.

The City has received many comment letters from a variety of perspectives, all of which are available online here
and here. We understand that the Housing Action Coalition (HAC) has expressed concerns regarding the scope of upzonings included in the adoption package. Please note that the proposed upzonings included in the staff-prepared amendments are consistent with those we discussed with you earlier this year. The proposal includes all of the missing middle items described in Appendix J to the Housing Element . In addition, upzonings beyond
those previously proposed will also be considered in our General Plan Update Phase II process, kicking off in the Fall.

Staff have also received comment letters from the Building & Construction Trades Council of Alameda County (BCTA) regarding the adoption of construction worker apprenticeship and healthcare requirements for projects utilizing the by-right approval process under the Housing Sites Inventory Overlay Zone, which was also part of the discussion that led to the Planning Commission’s 4-2 vote previously noted to recommend to the City Council to adopt workforce standards as part of the General Plan Update. Staff is continuing to engage in dialogue with BCTA. For your convenience, the letter from HAC and BCTA are attached to this message.

We are scheduled to go before the Community and Economic Development (CED) Committee of the City Council on September 12, 2023, for their recommendation and to the City Council on September 19, 2023, for adoption.

Please let me know if you have any questions and if you would like us to schedule a meeting with you.

Best,
Lakshmi Rajagopalan on behalf on the Oakland Planning Team

From: Smith, Caleb <[email protected]>
Sent: Thursday, August 3, 2023 3:14 PM
To: Kaminski, Laura <[email protected]>; Rajagopalan, Lakshmi <[email protected]>; Lieberworth, Audrey <[email protected]> Subject: FW: Oakland 2045 General Plan Update

From: Danino, Shawn@HCD <[email protected]>
Sent: Thursday, August 3, 2023 2:50 PM
To: Smith, Caleb <[email protected]>
Subject: FW: Oakland 2045 General Plan Update

[EXTERNAL] This email originated outside of the City of Oakland. Please do not click links or open attachments unless you recognize the sender and expect the message.

Hi Caleb –

I hope things are going well on your side.

Are there any updates here? I just wanted to flag for you, since upon a cursory look, it seems like it may affect some of the programs credited for housing element compliance and the PDP.

Thanks and Warm Regards,

Shawn Danino, MPP/MSI
Housing Policy Development, Land Use & Planning
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Phone: 916.820.1256

We would appreciate the opportunity to meet with you to discuss these concerns prior to final adoption.

From: Danino, Shawn@HCD
To: Rajagopalan, Lakshmi; Smith, Caleb
Subject: RE: Oakland 2045 General Plan Update
Date: Tuesday, August 8, 2023 10:48:38 AM
Attachments: image002.png
Hi Lakshmi –

Email was received. We are currently in the process of reviewing, so please give us a bit of time to look into it for now and follow up if we have any additional questions.

If you are requesting a meeting, let us know some times that work for your team the week of the 21 st.

Thanks and Warm Regards,

Shawn Danino, MPP/MSI
Housing Policy Development, Land Use & Planning
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Phone: 916.820.1256

From: Rajagopalan, Lakshmi <[email protected]> Sent: Tuesday, August 8, 2023 10:02 AM
To: Danino, Shawn@HCD <[email protected]>
Subject: Re: Oakland 2045 General Plan Update

Good morning Shawn,

Hope you had a chance to review our email. I wanted to follow up and see if staff can schedule a meeting with you and Paul.

Best,
Lakshmi

From: Rajagopalan, Lakshmi <[email protected]> Sent: Monday, August 7, 2023 8:30 AM
To: Danino, Shawn@HCD <[email protected]>
Cc: Gilchrist, William <[email protected]>; Manasse, Edward <[email protected]>; Kaminski, Laura <[email protected]>; Branson, Michael <[email protected]>; Haynes, Khalilha <[email protected]>; Lieberworth, Audrey <[email protected]>; Smith, Caleb <[email protected]> Subject: Re: Oakland 2045 General Plan Update

Good morning Shawn,
Hope this email finds you well. As a follow-up to my email from July 21, 2023, I wanted to let you know that the City met a major milestone towards adopting the City’s Planning Code and Zoning Map Amendments, including the missing middle housing code provisions and rezoning programs, particularly in the North Oakland/Rockridge Area.

On Wednesday, August 2, 2023 [oaklandca.gov]
, the Oakland City Planning Commission
conducted a public hearing to consider and recommend that the City Council certify the Final Environmental Impact Report (FEIR) for Phase 1 of the Oakland 2045 General Plan Update, and adopt the Safety Element, the new Environmental Justice Element and Planning Code, Zoning Map, and General Plan Text and Map Amendments to Implement Actions Proposed in Phase 1 of the City of Oakland 2045 General Plan Update, including the 2023-2031 Housing Element.

The Planning Commission’s recommendation, provided upon unanimous vote (one absent), is as follows:

2. Adopt the Standard Conditions of Approval and Mitigation Monitoring Reporting Program (SCAMMRP);

3. Adopt a Resolution Approving the Following Actions:

17.108.140C.2.a, the words “for safety and security” after “public safety hazard.”

City staff will be reviewing the Planning Commission’s recommendation and preparing the Planning Code packet for City Council consideration.

The City has received many comment letters from a variety of perspectives, all of which are available online here [oaklandca.gov]
and here [oaklandca.gov]. We understand that the
Housing Action Coalition (HAC) has expressed concerns regarding the scope of upzonings included in the adoption package. Please note that the proposed upzonings included in the staff-prepared amendments are consistent with those we discussed with you earlier this year.

The proposal includes all of the missing middle items described in Appendix J to the Housing Element [cao-94612.s3.amazonaws.com]. In addition, upzonings beyond those previously proposed will also be considered in our General Plan Update Phase II process, kicking off in the Fall.

Please let me know if you have any questions and if you would like us to schedule a meeting with you.

Best,
Lakshmi Rajagopalan on behalf on the Oakland Planning Team

From: Danino, Shawn@HCD <[email protected]
>
Sent: Thursday, August 3, 2023 2:50 PM
To: Smith, Caleb <[email protected]>
Subject: FW: Oakland 2045 General Plan Update

[EXTERNAL] This email originated outside of the City of Oakland. Please do not click links or open attachments unless you recognize the sender and expect the message.

Hi Caleb –

I hope things are going well on your side.

Are there any updates here? I just wanted to flag for you, since upon a cursory look, it seems like it may affect some of the programs credited for housing element compliance and the PDP.

Thanks and Warm Regards,

Shawn Danino, MPP/MSI
Housing Policy Development, Land Use & Planning
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Phone: 916.820.1256

We would appreciate the opportunity to meet with you to discuss these concerns prior to final adoption.

From: Danino, Shawn@HCD
To: Rajagopalan, Lakshmi; Smith, Caleb
Subject: RE: Oakland 2045 General Plan Update
Date: Wednesday, August 9, 2023 12:04:42 PM
Attachments: image002.png
We can do 1p on the 23rd. You can follow up with an invitation and invite Paul as well.

From: Rajagopalan, Lakshmi <[email protected]> Sent: Tuesday, August 8, 2023 1:20 PM
To: Danino, Shawn@HCD <[email protected]>; Smith, Caleb <[email protected]> Subject: Re: Oakland 2045 General Plan Update
Importance: High

Good afternoon Shawn,

Here are some times for the week of the 21st.

Aug 21 - 2.30 - 3.30 PM
Aug 23 - 1 - 2 PM
Aug 24 - 9 - 10.30 AM

Please let me know a time that works for you and I will send a calendar invite.

Best,
Lakshmi

From: Danino, Shawn@HCD <[email protected]>
Sent: Tuesday, August 8, 2023 10:45 AM
To: Rajagopalan, Lakshmi <[email protected]>; Smith, Caleb <[email protected]> Subject: RE: Oakland 2045 General Plan Update

Hi Lakshmi –

Email was received. We are currently in the process of reviewing, so please give us a bit of time to look into it for now and follow up if we have any additional questions.

If you are requesting a meeting, let us know some times that work for your team the week of the 21st.

Thanks and Warm Regards,

Shawn Danino, MPP/MSI
Housing Policy Development, Land Use & Planning
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Phone: 916.820.1256

From: Rajagopalan, Lakshmi <[email protected]> Sent: Tuesday, August 8, 2023 10:02 AM
To: Danino, Shawn@HCD <[email protected]>
Subject: Re: Oakland 2045 General Plan Update

Good morning Shawn,

Hope you had a chance to review our email. I wanted to follow up and see if staff can schedule a meeting with you and Paul.

Best,
Lakshmi

The Planning Commission’s recommendation, provided upon unanimous vote (one absent), is as follows:

2. Adopt the Standard Conditions of Approval and Mitigation Monitoring Reporting Program (SCAMMRP);

3. Adopt a Resolution Approving the Following Actions:

17.108.140C.2.a, the words “for safety and security” after “public safety hazard.”

City staff will be reviewing the Planning Commission’s recommendation and preparing the Planning Code packet for City Council consideration.

Please let me know if you have any questions and if you would like us to schedule a meeting with you.

Best,
Lakshmi Rajagopalan on behalf on the Oakland Planning Team

From: Danino, Shawn@HCD <[email protected]
>
Sent: Thursday, August 3, 2023 2:50 PM
To: Smith, Caleb <[email protected]>
Subject: FW: Oakland 2045 General Plan Update

[EXTERNAL] This email originated outside of the City of Oakland. Please do not click links or open attachments unless you recognize the sender and expect the message.

Hi Caleb –

I hope things are going well on your side.

Are there any updates here? I just wanted to flag for you, since upon a cursory look, it seems like it may affect some of the programs credited for housing element compliance and the PDP.

Thanks and Warm Regards,

Shawn Danino, MPP/MSI
Housing Policy Development, Land Use & Planning
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 Phone: 916.820.1256

We would appreciate the opportunity to meet with you to discuss these concerns prior to final adoption.
2023-2031 Housing Element
Adopted January 31, 2023
Resolution No. 89565
City of Oakland
49 Chapter 4: Housing Action Plan
4� Housing Action Plan

HOUSING
ACTION PLAN04
4�1 Goals, Policies, and Actions
72 City of Oakland 2023-2031 | Housin g Element Update The City works with funded providers to ensure
that services and resources are prioritized for
the most vulnerable populations. Vulnerable
populations are identified through sources such
as Oakland’s Stanford research partnership,
the Urban Displacement Project, Racially and
Ethnically Concentrated Areas of Poverty,
and federally identified Opportunity Zones,
and will additionally include environmental
justice communities identified through the
Environmental Justice Element. The City will
also seek opportunities to expand the number
of extremely-low-income housing units built in
“high resource” neighborhoods identified by the
California Tax Credit Allocation Committee. In
addition, the City conducts extensive outreach to
vulnerable populations and those at highest risk
of displacement, targeting specific communities
and geographies including Black and African
Americans, and Spanish-, Cantonese-, and
Mandarin-speakers to improve access for non-
English speakers—to ensure tenants are aware
of their rights and the resources the City makes
available. The outreach materials are also offered in
multiple languages in accordance with its language
access policy.

POLICY 3�1 FACILITATE PRODUCTION

OF DEEPLY AFFORDABLE HOUSING
Action 3�1�1� Develop a project-based rental
or operating subsidy program for extremely-
low-income residents�
Create a capitalized operating subsidy program for
extremely-low-income households. This will enable
the creation of extremely-low-income housing,
which is only possible with the provision of public
operating subsidies to ensure financial stability for
the property and appropriate support services for
the residents.

Responsible Agency: Oakland Department of
Housing and Community Development
Timeline: Program will be launched by Decem-
ber 2023
Potential Funding Source: State of California
Permanent Local Housing Allocation (PLHA),
Homeless Housing Assistance & Prevention
(HHAP), and any and all other resources that
become available for this use.

Objective: This program will fund proj-
ect-based rental or operating subsidy for at
least 16 units of extremely-low-income hous-
ing per year, for a total of at least 56 extreme-
ly-low-income units by 2031.

Action 3�1�2: Align and target Oakland
Housing Authority Section 8 Vouchers
for permanent supportive housing and
extremely-low-income units�
The Oakland Housing Authority will continue
targeting vouchers to support the development of
extremely-low-income Housing through the award
of project-based vouchers and/or other Oakland
Housing Authority funds.

Responsible Agency: Oakland Housing
Authority
Timeline: Ongoing, 2023-2031
Potential Funding Source: Federal Section 8
vouchers, VASH vouchers, and/or other Oak-
land Housing Authority funds.

Objective: As vouchers or funds are avail-
able, at least 20 percent of units in assisted
developments will be deed restricted as
extremely-low-income.

POLICY 3�2 CREATE A MORE DIVERSE

MIX OF HOMES TO MEET COMMUNITY
NEEDS
Action 3�2�1: Develop zoning standards to
encourage missing middle and multi-unit
housing types in currently single-family-
dominated neighborhoods, including flats,
duplexes, triplexes, fourplexes, townhomes/
rowhouses, and ADUs�
73 Chapter 4: Housing Action Plan
The City will review and amend the Planning
Code and implement objective design standards
to encourage missing middle-density housing
typologies, including flats, duplexes, multiplexes
(triplexes, and fourplexes), bungalow courts,
rowhouses/townhomes, and ADUs. The City
will work to reduce pre-development costs
and expedite the planning approval process for
missing middle housing types resulting from both
new construction and the conversion of existing
structures.

The City will develop zoning standards that
allow for two, three, and four units on parcels
in Detached Unit Residential (RD) Zones and
additional multi-unit housing types in Mixed
Housing Type Residential (RM) Zones. The City will
also reduce the minimum lot size in Detached Unit
Residential and Mixed Housing Type Residential
lots to 2,000 square feet to remove constraints
on lot splitting. The City will permit a variety of
building types (attached, detached, bungalow
courts) to maximize flexibility, neighborhood scale
and potential opportunities for homeownership
(split lots and condominiums) in parallel with Policy

3.4 and Policy 5.1. See Appendix J for a summary of
missing middle zoning amendments.

Under Action 3.4.1, the City will revise development
standards, including allowable building heights,
densities, open space and setbacks requirements.

Under Action 3.4.8, the City will develop objective
design standards at the neighborhood level to
ensure that multi-unit neighborhood scale housing
types designed in a manner that is compatible with
the scale of existing residential housing forms in
these zoning districts is permitted ministerially.

Responsible Party: Oakland Planning & Build-
ing Department
Potential Funding Source: General Plan Sur-
charge and permit fees, SB2 Grant for Objec-
tive Design Standards
Timeframe: June – July 2023
Objective: Significantly increase production of
multi-unit housing types (including duplexes,
triplexes and fourplexes, along with other
multi-unit housing types) in current sin-
gle-family-dominated neighborhoods to match
housing need.

Action 3�2�2: Promote and protect live/work
housing and housing for artists �
The City will update development standards,
building codes, and land use regulations to promote
artist housing, including joint living and working
quarters (JLWQs) in areas where appropriate
under the General Plan. The City will encourage
employers, trade groups, and arts and cultural
districts to provide housing opportunities that
are affordable to artists and similar professionals.

The City will continue to allow the conversion of
existing commercial nonresidential buildings to
JLWQs in specific commercial/industrial locations
while considering the impacts on nearby viable
businesses. The City will support bringing
existing, unpermitted JLWQ units in commercial
and industrial buildings into compliance with
Building Codes and the Planning Code in a way
that mitigates displacement of existing tenants
and preserves affordability.

Responsible Party: Oakland Planning & Build-
ing Department
Potential Funding Source: General Plan Sur-
charge and permit fees, 2415 fund of the City,
SB2 Grant for Objective Design Standards
Timeframe: 2025
Objective: Significantly increase production
and protection of live/work housing and hous-
ing for artists to match housing need.

Action 3�2�3: Promote flexibility in adaptive
reuse to increase the housing stock�
The City will encourage the reuse and rehabilitation
of Oakland’s historic building stock to provide
additional housing units, safeguard neighborhood
character, and preserve the energy embodied in
the building’s original construction. The City will
87 Chapter 4: Housing Action Plan
POLICY 3�4� REFORM ZONING AND

LAND USE TO ADDRESS COMMUNITY

PRIORITIES
Action 3�4�1: Revise development standards,
including allowable building heights,
densities, open space and setback
requirements�
The City will allow additional building heights and
densities in certain corridors and districts. These
changes include:
• Zoning for diverse housing types: As discussed
in Action 3.2.1, the City will develop revised
zoning standards for a diversity of housing types
in lower density neighborhoods, including but
not limited to duplexes, triplexes, and fourplexes
in zoning districts such as the RD Detached Unit
Residential, RM Mixed Housing Type Residential,
and RU-1 and RU-2 Urban Residential Zones.

Zoning changes will include revised standards
for building heights, densities, open space, lot
coverage, and setbacks. The City will also reduce
minimum lot sizes to facilitate the subdivision
of existing lots. The City will permit a variety of
building types (attached, detached, bungalow
courts) to maximize flexibility and potential
opportunities for home ownership (split lots and
condominiums). For front setback requirements,
the City will allow for exceptions if meeting the
front setback physically prohibits development
of four units or two units on lots that meet the
minimum square footage for that density.
• Elimination of Conditional Use Permits for
Density: Under Action 3.4.3, the City will also
eliminate all conditionally permitted densities
throughout Planning Code to permit multi-
unit buildings according to objective criteria
such as by building type and development
size, without subjecting multi-unit residential
projects to CUPs.
• Objective Design Standards: Under Action

3.4.8, the City will also develop objective design
standards at the neighborhood level to ensure
that such missing-middle housing is designed
in a manner that is compatible with existing
residential housing forms in these zoning
districts.
• Increased Heights and Densities along
Corridors: The current building height map and
permitted densities along key corridors such as
International, Foothill, College, Claremont, and
MacArthur Boulevards does not always allow
residential projects to meet their full potential.

Consistent with the housing sites map, the City
will undertake zoning map revisions to allow
increased heights and densities. The City will
also increase heights and densities on interior
residential streets within close walking distance
of key corridors.
• Increased Heights and Densities in Transit-
proximate areas: Alongside efforts to increase
missing-middle housing (see Action 3.2.1), the
City will increase allowed height and density in
areas in close proximity to high-capacity transit,
including areas near Rockridge BART and
International Boulevard BRT Stations.
• Increased Heights and Densities in
Resource-rich areas: Oakland’s high resource
neighborhoods are typically lower-density
and have historically been exclusive – both
economically and racially. Allowing higher
density multi-unit buildings in these areas
that are rich in services will help increase the
competitiveness of affordable housing projects
for State funding, as well as the feasibility of
developing significant numbers of housing
units within these neighborhoods. Zoning
changes will include permitting residential
densities above 30 dwelling units per acre
by right in designated areas for affordable
housing projects and height increases along
College and Claremont Avenue. This will help
further fair housing objectives by increasing
the availability of affordable housing, in high
resource areas.
88 City of Oakland 2023-2031 | Housin g Element Update • Utilizing Senate Bill 10 Provisions: Under
Senate Bill 10 (Weiner) provisions, the City will
identify parcels located in transit-rich areas and/
or in Racially Concentrated Areas of Affluence
(RCAAs) to allow up to ten units of residential
density and increased heights, and provide
additional opportunity for infill housing within
high-resource areas.
• See Appendix J for the City’s proposed rezoning
changes to increase housing production
capacity and unlock additional opportunities
for affordable and “missing middle” housing in
high-resource neighborhoods and affirmatively
further fair housing by opening up exclusionary
neighborhoods such as Rockridge, Trestle Glen,
and Crocker Highlands.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: June-July 2023
Objective: Reduce constraints to development
to significantly increase production of hous-
ing to match housing need. Create additional
opportunities for development along tran-
sit-rich areas and in urban infill sites to signifi-
cantly increase production of housing to match
housing need and to affirmatively further fair
housing.

Action 3�4�2: Study the Relationship Between
Zoning and Racial Segregation as Part of the
Phase 2 General Plan Update�
The City is updating the 2023-2031 Housing
Element as part of a comprehensive update
to the General Plan. The General Plan Update
(GPU) is undertaken in two phases in order to
meet deadlines mandated by State law. Phase
1 focuses on updates to the Housing and Safety
Elements, as well as preparation of a Racial Equity
Impact Analysis, Zoning Code and Map update,
and creation of a new Environmental Justice (EJ)
Element. Subsequently, Phase 2 will include the
update of the Land Use and Transportation (LUTE)
Element; Open Space, Conservation and Recreation
(OSCAR) Element; Noise Element, and the creation
of a new Infrastructure and Facilities Element which
are slated to be completed by the end of 2025.

As part of the LUTE update, the City will study
the impact of historic and contemporary zoning
restrictions, especially single-family zoning, on
ongoing patterns of racial segregation. Existing
data on historic zoning patterns highlights the
racial disparities in homeownership and rental
patterns. The study will also analyze potential
impacts of larger market rate development projects
in neighborhoods undergoing displacement or
vulnerable to displacement. The City will utilize this
study to direct zoning changes in the LUTE as part
of Phase 2 of the GPU as well as adding standard
conditions of approval to projects.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: Study complete by mid-2025
Objective: Through this study, inform zoning
and land use designation changes to pro-
mote inclusive, equitable and diverse housing
patterns.

89 Chapter 4: Housing Action Plan
Action 3�4�3: Revise Conditional Use Permit
(CUP) requirements�
Conditional Use Permits (CUPs) are currently
required for multi-unit buildings in the
RD-2 and RM Zones, which can act as a constraint
on development – especially for affordable housing.

The City will revise regulations to permit multi-unit
buildings according to objective criteria such as
by building type and development size, without
subjecting multi-unit residential projects to CUPs.

Under Action 3.4.8, the City will create objective
design standards and amend the Planning Code
design review procedures to allow for streamlined,
ministerial approval. The City will also actively
promote and support use of SB 35 to streamline
100 percent affordable housing developments.

These revised standards will be implemented
alongside changes to Oakland’s RD, RM, and RU
zones as described in Action 3.2.1.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: 2023
Objective: Reduce constraints to development
to significantly increase production of housing
to match housing need.

Action 3�4�4: Revise citywide parking
standards�
Parking requirements are a major cost driver
in residential development, and often conflict
with sustainable development goals that seek to
reduce dependence on automobile use. As such,
the City recently eliminated residential parking
minimums in the downtown area. Continued
revisions of Oakland’s parking standards, such as
elimination of parking minimums within ½ mile
of major transit stop and reduction of minimum
parking standards in other areas as well as lower
parking maximums in downtown and new parking
maximums near BART stations will be undertaken
through a comprehensive review of existing
residential parking standards and the identification
of appropriate new standards to match long-term
development and environmental goals. Additionally,
for mixed-use development projects (commercial
on ground floor and residential uses above), the
City will revise parking requirements so that
additional residential development on these sites
is not constrained by any lack of conformance with
commercial parking regulations. No parking will be
required for Rooming Houses/SROs throughout
the city with the exception of the Very High Fire
Hazard Severity Zone (VHFHSZ) (See Appendix J for
a summary of Zoning changes as well as strategies
regarding parking included in Oakland Equitable
Climate Action Plan: Transportation and Land Use
Action 1.)
Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: June - July 2023
July 2023
Revise citywide parking standards for all
housing types and zones, including but
not limited to housing inventory sites,
downtown and corridors.

Implement January 1, 2023 the elimination
of minimum parking requirements for
residential developments within ½ mile
of major transit stop to conform with state
law and update Planning code by July
2023.

Objective: Reduce constraints to development
to significantly increase production of housing
to match housing.
90 City of Oakland 2023-2031 | Housin g Element Update Action 3�4�5: Revise open space
requirements�
Both affordable and market-rate developers have
pointed to the relatively high open space standards
in Oakland as a constraint to development,
especially for higher-density projects. In this
context, “open space standard” refers to the city
requirement for new housing to feature courtyards,
patios, balconies, and other open areas in the
development. As noted in Appendix F, Housing
Constraints, Oakland’s open space requirements
vary substantially across zoning districts, but in
some cases are more than double the open space
requirements seen in comparator jurisdictions. To
meet these requirements, each one square foot of
private usable open space is considered equivalent
to two square feet of required group usable open
space and may be so substituted.

To reduce this development constraint, the City
will review the open space requirements in zoning
designations where minimum usable open space
requirements currently exceed 60 square feet of
private open space/120 square feet of common
open space per unit and revise common and
private open space standards for multi-family
developments to increase the feasibility of
residential projects.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: June - July 2023
Revise common and private open space
standards for residential developments,
and allow flexibility on its onsite location
and configuration
Objective: Significantly reduce existing open
space requirements to remove constraints on
development and increase production of hous-
ing to match housing need.

Action 3�4�6: Correct zoning district
boundaries that cut through parcels�
Oakland’s Zoning Map includes many zoning
district boundaries that cut through individual
parcels – meaning that the same parcel is subject
to multiple development standards, which can
act as a development constraint. In updating
the Zoning Map, the City will correct instances of
this occurrence and ensure that zoning district
boundaries that affect allowed height and density
follow parcel boundaries to the maximum extent
feasible to remove inconsistencies and ambiguities.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: 2023 – 2025
Objective: Reduce constraints to development
to significantly increase production of housing
to match housing need.

Action 3�4�7: Capture the diversity of existing
built fabric in zoning�
Oakland has a diverse historic urban fabric, some of
which no longer conforms to the current Planning
Code. To capture and continue this diversity and
remove ambiguities, the City will reduce minimum
lot sizes and setbacks to facilitate the creation of
small-lot developments, as well as legitimize the
many existing small-lot neighborhood patterns
in West Oakland and other neighborhoods.

The City will conduct a comprehensive review
of the Planning Code to identify where current
development standards have created non-
conformities for older built facilities and amend
development standards to reduce or eliminate
them where appropriate. The City will also provide
flexibility in the objective standards to retain and
promote the City’s vernacular built environment.

Responsible Agency: Oakland Planning &
Building Department
91 Chapter 4: Housing Action Plan
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: 2023 – 2026
Objective: Reduce constraints on develop-
ment to significantly increase production of
housing to match housing need.

Action 3�4�8: Implement objective design
standards�
The City currently requires design review for
nearly all residential development, which can
significantly lengthen the time required for project
approval. To reduce the permitting timeline, the
City has initiated a process to develop objective
design standards to streamline the approval of
residential, mixed-use, and commercial building
types, with a particular focus on much-needed
affordable housing projects in transit-rich areas.

Objective design standards are being developed
for historic buildings and districts as well. As
opposed to “design guidelines,” objective design
standards will not be subject to interpretation, and
will result in faster, more predictable approvals of
high-quality development that respects Oakland’s
history and benefits the local community. Housing
development projects will have the ability to utilize
the objective design standards that will not require
evaluation under the regular design review criteria
provided under Planning Code Section 17.136.050,
including the existing criteria that the project will
“enhance desirable neighborhood characteristics.”
Project applicants may also choose to instead
utilize the regular design review criteria and process
in order to have greater flexibility and creativity in
design criteria.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge, permit fees, and SB2 Grant for Objec-
tive Design Standards
Timeline: The City will adopt objective design
standards that will be available to all housing
development projects by 2024
Objective: Reduce constraints to development
to significantly increase production of housing
to match housing need.

Action 3�4�9: Implement new ADU standards
that streamline approvals and address
unpermitted units�
In January 2022, the City updated its ADU
regulations to comply with changes in State law.

To address unpermitted units, the new ADU
regulations go beyond minimum compliance with
State law and establish an expansive legalization
process for unpermitted ADUs addressing not
only any existing non-compliance issues with
the Building Code but the Planning Code as well.

The City has also initiated a program to allow pre-
approved construction documents for ADUs that
creates a more streamlined approval pathway
for many homeowners The City will continue to
implement this legalization and streamlining of
ADU permitting processes. The City will study
options to alleviate the burden of the building code
on the legalization of unpermitted ADUs.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: 2023 and Ongoing
Objective: Reduce constraints to development
to significantly increase production of ADUs to
help address housing need.

Action 3�4�10: Implement a Housing Sites
Overlay Zone to permit sites included in the
Housing Sites Inventory to develop with
affordable housing by right
Pursuant to State law, the City is required to
permit vacant sites included in two consecutive
prior RHNA cycles and non-vacant sites included
in at least one prior RHNA to develop with owner-
occupied and rental multifamily uses by right for
developments in which 20 percent or more of the
units are affordable to lower-income households.
92 City of Oakland 2023-2031 | Housin g Element Update This means that the City cannot require any form of
discretionary review or approval for such projects.

The City will create a Housing Sites Overlay Zone
to permit sites identified in the 4th and 5th RHNA
cycles as part of the Housing Element’s Housing
Sites Inventory (identified in Table C-26 in a separate Excel file) to build 20 percent or more of the units
are affordable to lower-income households to be
subject to by-right approval. In addition, the City
will also look at ways to incentivize developers
to build affordable housing on newly included
sites identified through the 6th RHNA cycle in
the Housing Sites Overlay. All parcels within the
Housing Sites Overlay Zone (whether they were in
the 4th or 5th cycles or new in the 6th RHNA cycle)
if redeveloped will be required to be developed as
a majority-residential use. A 100% non-residential
use will not be allowed in this overlay. In addition,
minimum densities proportional to the realistic
capacity on any given site in the inventory will
be required. If current development standards
prevent maximum densities (plus state density
bonus law) from being achieved on any given site
in the inventory, the City will revise development
standards to ensure that maximum densities can
be achieved.

This action is intended facilitate housing
opportunities in Oakland and to bring attention to
those sites that the City intends for housing to be
built pursuant to State requirements.

This means that the City cannot require any form of
discretionary review or approval for such projects.

A proposed project would also not be subject to
CEQA and would not be appealable. This would
provide greater certainty to projects building at
least 20% affordable units that if the project is
within the Housing Sites Overlay Zone and meets
the objective design standards and zoning criteria
listed in the Planning Code, the project will be
approved and not held up through an appeal
process.

See Appendix J for a summary of the Housing Sites
Overlay Zone.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan
Surcharge and permit fees
Timeline: June - July 2023
Objective: Reduce constraints to development
to significantly increase production of housing
to match housing need.

Action 3�4�11: Promote educator and/or
student housing on public land by reviewing
the zoning and General Plan designations of
Oakland Unified School District (OUSD) and
Peralta Community College District-owned
sites for consistency with housing�
Several school districts and community college
districts in California have successfully built
affordable housing for educators and/or students
on their property. In some cases, this housing was
built on district offices and other non-instructional
sites. In other cases, housing was carefully
co-located with an active school campus. The State
has also recently invested hundreds of millions
towards student housing on community college
property. The City will review OUSD- and Peralta-
owned sites to identify, and when practical correct,
land use conflicts that would prevent affordable
housing development.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: 2025 with the adoption of the Land
Use and Transportation Element
Objective: Reduce constraints to development
to allow for at least one educator and/or stu-
dent housing project during the sixth cycle
RHNA period.
99 Chapter 4: Housing Action Plan
Planning & Building Department
Potential Funding Source: Development
impact fees, HOME, local infrastructure bond
funds, and other local, State, and federal fund-
ing as available
Timeline: The City will monitor available data
from affordable housing application portals to
comprehensively evaluate the unit size needs
of Oakland residents and adjust NOFA scoring
accordingly, to prioritize allocating City funds
to projects by 2024. Furthermore, the City
will aim to regularly evaluate local household
needs prior to NOFA releases. This will be priori-
tized, but not limited to, the new construction
NOFA released approximately every other year
to ensure affordable housing production is
aligned with community needs.

Objective: The City will adjust scoring points as
needed to encourage housing typologies that
reflect local household needs.

Action 3�7�6: Expand areas where rooming
units and efficiency units are permitted by
right�
The Oakland Planning Code currently provides for
rooming units/SROs to be developed at twice the
residential density otherwise allowed for regular
dwelling units in Neighborhood Center, Community
Commercial, Central Business District, Housing and
Business Mix, and Transit-Oriented Development
Commercial Zones, as well as within the special
districts for implementation of the Broadway Valdez,
Lake Merritt, and Coliseum Specific Plans. Recent
Planning Code amendments similarly allow for
efficiency units to be built at twice the density of
more typically sized residential dwelling units. The
City will expand these provisions to additional zoning
districts, including in zones covered by the proposed
affordable housing overlay. As stated in Action

3.5.2, the City will also revise the Planning Code to
permit rooming house facility types more similarly
to multifamily residential facilities. These smaller,
more modest units are more likely to be a source of
naturally occurring affordable housing over the long
term, while also allowing new development to align
with current demographic trends towards smaller
household sizes.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: June – July 2023
Objective: Enable increased production of
rooming units and efficiency units.

Action 3�7�7: Amend Planning Code to comply
with the Employee Housing Act�
Farm and agricultural employee housing is a
type of employee housing under the Employee
Housing Act, California Health and Safety Code
Sections 17000 et seq. Section 17021.5 of the
Employee Housing Act requires that any employee
housing providing accommodations for six or
fewer employees shall be deemed a single-family
structure with a residential land use designation,
and not be subject to any conditional use permit,
zoning variance, or other zoning clearance that is
not required of a family dwelling of the same type
in the same zone. Section 17021.6 of the Employee
Housing Act requires employee housing consisting
of no more than 36 beds in a group quarters or
12 units designed for use by a single family or
household to be deemed an agricultural land use.

The City will amend the Oakland Planning Code
to modify the definitions of Limited Agricultural
Activities, Extensive Agricultural Activities, and
One-Family Dwelling Residential Facilities to
comply with the Employee Housing Act.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: June-July 2023
Objective: Ensure compliance with the
Employee Housing Act.
100
City of Oakland 2023-2031 | Housin g Element Update
Action 3�7�8: Expand areas where Residential
Care Facilities are permitted by right�
The Oakland Planning Code currently permits
residential care facilities in residential and
nonresidential zones if located in single family
dwellings. Conditional Use Permits are required for
residential care facilities if they are located in any
other residential facility type and/or when located
on the ground floor of a street fronting building
in certain commercial zones. The City will amend
the Planning Code to expand where residential
care facilities are permitted by right. In addition,
the City will continue existing zoning practices, or
amend the Planning Code as necessary, to ensure
that both residential care facilities of seven or
more and unlicensed care facilities (facilities that
are not required to be licensed by the State), are
allowed in all zones allowing residential uses and
permitted similar to other residential uses of the
same form in the zone. The City will amend the
Planning Code to ensure residential care facilities
are not subject to review criteria that the proposal
will not detract from the character desired for the
area. The amendments will include all residential
facility types and those located on the ground floor
of a street fronting building. In addition, the City will amend the Planning Code to allow residential care
facilities for foster family homes and the elderly
within 300 feet of another residential care facility,
since the State calls out this exemption in the
overconcentration restriction in California Health
and Safety Code Section 1520.5.

Responsible Agency: Oakland Planning &
Building Department
Potential Funding Source: General Plan Sur-
charge and permit fees
Timeline: June-July 2023
Objective: Enable expansion of residential care
facilities by right and allow the exemption of
facilities for foster family homes and the elderly
in the overconcentration restriction provided
in California Health and Safety Code Section
1520.5.

POLICY 3�8� CONVERT VACANT LAND

AND UNITS TO HOUSING
Action 3�8�1: Continue to implement the
Vacant Property Tax (VPT)�
On November 6, 2018, Oakland voters approved
Measure W, the Oakland VPT. The VPT Act
establishes an annual tax of $3,000 to $6,000 on
vacant property. A property is considered “vacant”
if it is “in use less than fifty days in a calendar year,” and not subject to any of 10 exemptions. The City
will continue to implement the VPT to encourage
active uses on vacant land and regularly monitor
the effectiveness of the program. The City will
analyze expansion of exemptions to the VPT to
reduce the impacts of unintended hardships on
nonprofit and affordable housing developers,
discussed under Action 3.8.3. As directed by
Council, funding from this measure may be spent
on homeless services, affordable housing, and
illegal dumping cleanup.

Responsible Agency: Oakland Department of
Finance; Department of Human Services; Oak-
land Planning & Building Department, Oak-
land Department of Housing and Community
Development
Potential Funding Source: Self-funding
through the vacant property tax
Timeline: End of 2023 (Analysis of exemptions
will be complete)
Objective: Through the vacant parcel tax, seek
a 10 percent reduction in vacant parcels by the
end of the Housing Element period.

Action 3�8�2: Encourage the conversion of
vacant ground floor commercial space to
residential uses in appropriate locations�
Traditional brick-and-mortar commercial and
retail businesses have continued to transition to
an Internet-based model, which has been further
accelerated by the COVID-19 pandemic. As a result,
a significant number of ground-floor commercial
and retail spaces in Oakland remain vacant.

Oakland City CouncilSeptember 19, 2023

Oakland City Council
September 19, 2023